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WHEREAS, the parties have mutually entered into an agreement for the division
of their jointly owned assets, the provision for the liabilities they owe, and the provision
for the resolution of their mutual differences, after both have had full and ample
opportunity to consult with attorneys of their respective choice, the parties now wish to
have that agreement reduced to writing.
NOW THEREFORE, the parties hereto in consideration of the mutually made and
to be kept promises set forth hereinafter and for other good and valuable consideration,
and intending to be legally bound and to legally bind their heirs, successors, assigns and
personal representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
It shall be lawful for Husband and Wife at all times hereafter to live 5eparate and
apart from each other and to reside from time to time at such place or places as they shall
respectively deem fit, free from control, restraint, or interference, direct or indirect, by
each other. Neither party shall molest the other or compel the other to cohabit or dwell
with him or her by any legal or other proceedings. The foregoing provisions shall not be
taken to be an admission on the part of either Husband or Wife of the lawfulness of the
causes leading to them living separate and apart.
ARTICLE II
DIVORCE
2,1
This agreement is not predicated on divorce. It is specifically understood and
agreed by and between the parties hereto and each of the said parties does hereby warrant
and represent to the other that the execution and delivery of this Agreement is not
predicated upon nor made subject to any agreement for institution, prosecution, defense,
or for the non-prosecution or non-defense of any action for divorce, provided, however,
that nothing contained in this Agreement shall prevent or preclude either of the parties
hereto from commencing, instituting or prosecuting any action or actions for divorce,
whether absolute or otherwise, upon just, legal and property ground, nor to prevent either
party from defending such action which has been, may be or shall be instituted by the other
party, or from making any just or property defense thereto. It is warranted, covenanted,
and represented by Husband and Wife, each to the other that this Agreement IS lawful and
enforceable and this warranty, covenant and representation is made for the specific
purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife
each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal or unenforceable in whole or in party. Husband and
Wife do each hereby warrant, covenant and agree that, in any rossible event, he and she
are and shall forever be estopped from asserting any illegality or un enforceability as to all
or any part of this Agreement.
"
2.2
The parties acknowledge that a Divorce action has been filed in the Court of
Common Pleas of Cumberland County, Pennsylvania at docket no. 97-2461. The parties
agree that they will execute and file with the Court Affidavits of Consent and Waivers of
Notice contemporaneously with this Agreement. The parties agree that a Praecipe to
transmit the file to the Judge for finalization of the divorce on August 30, 1999.
2.3
It is further specifically understood and agreed that the provi5ions of this
Agreement relating to the equitable distribution of property of the parties are accepted by
each party as a final settlement for all purposes whatsoever. Should either of the parties
obtain a decree, judgment or order of separation of divorce in any other state, county, or
jurisdiction, each of the parties to this Agreement hereby consents and agrees that this
Agreement and all its covenants shall not be affected in any way by any such separation
and divorce, and that nothing in any such decree, judgment, order, or further modification
or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not
either or both of the parties should remarry, it being understood by and between the
parties that this Agreement shall survive and shall not be merged into any decree,
judgment, or order of divorce or separation.
2.4
It is 5pecifically agreed that a copy of this Agreement may be incorporated by
reference into any divorce, judgment or decree if or whenever sought by either of the
parties hereto, such incorporation, however, shall not be regarded as a merger, it being the
intent of the parties to permit this Agreement to survive any such judgment or decree.
ARTICLE III
EOUlT ABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner that
conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and
taking into account the following considerations: the length of the marriage, the prior
marriages of the parties, the age, health, station, amount and sources of income,
vocational skills, employability, estate, liabilities, and needs for each of the parties, the
contribution of one party to education, training, or increased earning power of the other
party, the opportunity of each party for future acquisition of capital assets and income, the
sources of income of both parties, including but not limited to medical, retirement,
insurance or other benefits, the contribution or dissipation of each party in the acqui5ition,
preselVation, depreciation, or appreciation of marital property, including the contribution
of a party as a homemaker, the value of the property set apart to each party, the standard
alimony, alimony pendente lite, counsel fees. costs or expenses, whcther arising as a result
of the marital relation or otherwise, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise undcr this Agreement or for
the breach of any thereof. It is the intention of Husband and Wife to give each other by
execution of this Agreement a full, complete, and general release with respect to any and
all property of any kind or nature, real or personal, or mix cd, which the other now owns
or may hereafter acquire, except and only except, all rights and agreemcnts and obligations
of whatsoever nature arising or which may arise under this Agreement or for the brcach of
any thcreof. The language of the release is excepted by the terms of the obligations
assumcd in the agreement.
6,4
Release ofTestamentarv Claims. Except as provided for in this Agreement, each
of the parties hereto shall have the rights to dispose of his or hcr property by Last Will and
Testament, or otherwise, and each of them agrees that the estate of the other, whether
real, personal or mixed, shall be and belong to the person or persons who would have
become entitled hereto as if the descendant had been the last to die. This provision is
intended to constitute a mutual waiver by the parties of any rights to take against each
other's last Will under the present or future laws of any jurisdiction whatsoever and is
intended to confer third party beneficiary rights upon the other heirs and beneficiaries of
each other party hereto. Either party, may, however, make such provisions for the other
as he or she may desire in and by his or her Last Will and Testament. Each of the parties
further covenants and agrees that he or she will pennit any Will of the other to be
probated and allow administration upon his or her personal, real, or mixed estate and
effects to be taken out by the person or persons who would have been entitled to do so
had Husband or Wife died during the lifetime of the other and that neither Husband nor
Wife will claim against or contest the Will and the estate oaf the other. Each of the parties
hereby releases, relinquishes and waives any and all rights to act as executor or executrix
or administrator or administratix of the other party's estate. Each of the parties hereto
further covenants and agrees for himself and herself and his or her heirs, executors,
administrators and assigns, that he or she will never at any time hereafter sue the other
party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing
any of the rights relinquished under this Paragraph.
6.5
Warranties. Each party represents that he or she has not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party
may be responsible or liable, except as may be provided for in this Agreement. E8ch party
8grees to indemnify or hold the other party harmless from and against any and all such
debts, liabilities, or obligations of each of them, including those for necessities, except for
the obligations arising out of this Agreement. Husband and Wife each warrants,
covenants, represents, and agrees that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges, and liabilities incurred by
, .
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the other party after the execution date of this Agrecment, except as is otherwise
specifically provided for by the terms of this Agreement and that neither ofthcm hereafter
incur any liability whatsoever for which the estate of the other may be liable.
6.6
No waiver or modification of any of the terms of this Agrcement shall be valid
unless in writing and signed by both parties and no waivcr of any breach hereof or default
hereunder shall be deemed a waiver of any subsequent dcfault of the same nature.
6.7
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assignments, release5, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the property implementation of this
Agreement, and as their respective counsel shall mutually agree should be so executed in
order to carry fully and effectively the terms of this agreement.
6.8
This Agreement shall be construed in accordance with the law5 of the
Commonwealth of Pennsylvania which are in effect as of the date of the execution of this
Agreement.
6.9
This Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors, and assigns.
6.10
This Agreement constitutes the entire understanding of the parties and supersedes
any and all prior agreements and negotiations between them. There are no representations
or warranties other than those expressly set forth herein.
6.11
Severabilitv. If any tenn, condition, clause, section, or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that tenn, condition, clause, section, or provision shall be stricken from this
Agreement, and in all other respects, this Agreement shall be \'alid and continue in full
force, effect, and operation. Likewise, the failure of any party to meet his or her
obligation under any or more of the articles and section shall in no way void or alter the
remaining obligations of the parties.
6,12
It is specifically understood and agreed that this Agreement constitutes an
equitablc distribution of property, both real and personal, which was legally and
bencficially acquired by Husband and Wife, or either of them during the marriage as
contemplated by the Divorce Code of the Commonwealth of Pennsylvania.
6.13
Disclosure. The parties warrant and represent that they have made a full
disclosure of all assets prior to the execution of this Agreement.
6.14
Enforceability and Consideration. This Agreement shall survive any action for
divorce and decree of divorce and shall forever be binding and conclusive on the parties,
and any independent action may be brought, either at law or in equity, to enforce the terms
of the Agreement by either Husband or Wife until it shall have been fully satisfied and
performed. The consideration for this contract and agreement is the mutual benefits to be
obtained by both of the parties hereto and the covenants and agreements of each of the
parties of the other. The adequacy of the consideration for all agreements herein
contained and stipulated is confessed and admitted by the parties, and the parties intend to
be legally bound hereby. In the event either party breaches the aforesaid Agreement and it
is determined through appropriate legal action that the alleged party has so breached the
agreement the breaching party shall be responsible for any and all attorneys' fees as well as
costs and expenses associated with litigation incurred by the non-breaching party to
enforce this Agreement against the breaching party.
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Wayne G. Eberts
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LINDA A. EBERTS,
Plainliff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO: 9702461
WAYNE G. EBERTS.
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Barbara Sump1e-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing Plaintifl's Praecipe to Transmit Record, in the above-captioned matter
upon the following individual by first class mail, postage prepaid, addressed as follows:
Keith B. DeArmond, Esquire
DeArmond and DeArmond
2800 Market Street
Camp Hill, PA 17011
DATED: December 16,1999
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, P A 17070
(717) 774- I 445
Supreme Court J.D. No. 32317
Attorney for Plaintiff
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7. The marriage is irretrievably broken.
8, Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldier~' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
9. Plaintiff has been advised that counseling is available and that Plaintiff has the
right to request that the court require the parties to participate in counseling.
COUNT I . DIVORCE
NO FAULT
10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are
incorporated herein by reference thereto.
11. The marriage is irretrievably broken and no possibility of reconciliation exists.
WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance
with ~ 3301 of the Pennsylvania Divorce Code.
INDIGNITIES
12. The averments in paragraphs 1 through 11, inclusive of Plaintiff's Complaint are
incorporated herein by reference thereto.
2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.
PENNSYL VA NT A
Linda A. Eberts,
PlaintitT
No. 97-2461
v.
CIVIL ACTION - LAW
Wayne G. Eberts,
Defendant
IN DIVORCE
AFFTDA V1T OF CONSENT
I. A Complaint in Divorce under Section 330J(c) of the Divorce Code was filed on
May 9, 1997.
2. The marriage ofthe Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date ofthe filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of Notice of
Intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this affida\~t 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'
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LINDA A. EBERTS,
Plaintiff
vs.
WAYNE G. EBERTS,
Defendant
DATE:
8/10/98
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - 2461 CIVIL
19
IN DIVORCE
STATUS SHEET
ACTIVITIES:
Pretrial statements due 9/11/98
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LINDA A. EBERTS,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 2461 CIVIL
WAYNE G. EBERTS,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE: Friday, December 18, 1998
Present for the Plaintiff, Linda A. Eberts, is
attorney Barbara Sumple-Sullivan, and present for the Defendant,
Wayne G. Eberts, is attorney Keith B. DeArmond.
A divorce complaint was filed on May 9, 1997,
ra~s~ng grounds for divorce of irretrievable breakdown and
indignities. The Plaintiff has indicated through her counsel
that she will probably not sign an affidavit of consent;
however, by the time this case gets to a hearing, the parties
will have been separated for a period in excess of two years and
Mr. DeArmond can file an affidavit under section 3301(d) raising
the separation period as the alternative grounds for divorce.
The complaint also raised indignities but we can go forward on
the two year separation grounds since by the time we get the
indignities hearing scheduled, the parties will have been
separated in excess of two years.
The parties were married on June 18, 1994, and
separated March 14, 1997. The complaint incorrectly stated a
date of separation.
The complaint raised the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and costs. This is the second marriage for both
parties, wife has three minor children to a prior marriage and
husband has a son to a prior marriage.
Wife is 41 years of age and resides at 105 East
Allen Street, Apartment 201, Mechanicsburg, Pennsylvania, where
she lives alone. She is a high school graduate and is a
receptionist with the Jewish Family Services of Greater
Harrisburg, Inc. Her income as reported on the Domestic
Relations Office worksheet is $1,500.00 net per month. Wife's
attorney has indicated that she has a problem with herniated
discs but, otherwise, has not raised any health issues. She has
health insurance through her husband's employer but will have
health benefits available through her employer by the time this
case gets to a divorce decree. Wife is currently rece~v~ng
alimony pendente lite in the amount of $475.00 per month.
Attorney Sumple-Sullivan has indicated that she is going to
request the Court to modify the alimony pendente lite order.
Husband is 45 years of age and resides in Camp Hill
using a P.O. Box 1062, Camp Hill, Pennsylvania, as his mailing
address. Husband lives alone. He has a Bachelor's degree and
is a computer sales/engineer with Companion Technologies. His
income as reported on the Domestic Relations Office worksheet is
$3,153.00 net per month; however, the appeal on the alimony
pendente lite order is alleging that husband's income is
substantially higher than previously noted. Husband is
required, after he receives his W-2 for 1998, to file an updated
income and expense statement. Husband has a problem as a result
of a birth defect with his leg and foot but, otherwise, has no
health issues. He does have health insurance coverage through
his employer.
Wife owned real estate in her name only at 518 West
Elmwood Avenue, Mechanicsburg, Pennsylvania, prior to the
marriage and the title to that property remained in her name
throughout the course of the marriage. The property has been
sold and we are looking at the increase in value, if any, from
the date of marriage to the date of separation and the marital
portion of the liens against the property. According to
attorney Sumple-Sullivan's calculation the marital portion of
liens against the real estate amounted to $24,032.36. currently
the escrow from the sale of the real estate representing the net
proceeds held by attorney Sumple-Sullivan is $23,112.58. It is
her position that wife is entitled to the proceeds that are in
escrow and also to be reimbursed for a portion of the marital
liens against the real estate. In looking at the marital debt,
attorney Sumple-Sullivan has computed that a total marital debt
assessed against both parties is $30,727.41.
Husband has a 1995 Saturn and claims that the lien
against the vehicle is equal to the value. Wife has a 1993
Pontiac Transport and she placed a value on that vehicle at
$6,000.00 and husband has placed a value at $7,500.00.
Husband has a 401(k) and the marital portion has
been computed to be $4,934.61. Apparently husband also received
monies in the parties' bank accounts in the amount of $2,644.00.
With respect to the monies that husband withdrew from bank
accounts in the amount of $2,644.00, attorney DeArmond has
indicated that his client can account for having spent those
funds to pay on account of marital debt. The verification of
that claim should be provided to attornei Sumple-Sullivan so she
can review the payments that were made out of those funds and
determine if in fact she agrees that they were used to pay
marital obligations.
There does not appear to be an issue with regard to
household furnishings. There does, however, appear to be a need
to value a computer system which husband has since wife claims
it is marital and she should be entitled to a portion of the
value of that system since it was acquired during the marriage.
Wife can arrange to have that system appraised.
Noted on the pre-trial statement of husband were
two tangible personal property items, an electric motor which he
valued at $1,400.00 and an outdoor shed which he valued at
$1,500.00. Counsel are going to attempt to determine exactly
what these items are and who has possession of the items and if
they can agree to the value as noted on husband's pre-trial
statement.
In furtherance of the settlement of this case,
husband has offered $8,300.00 and wife has asked for $20,000.00.
The Master is requesting that both counsel provide a worksheet
showing how they arrive at the amount of money which husband
will be required to pay in an equitable distribution of the
assets and an allocation of the debt prior to the hearing.
with respect to the alimony claim, wife's counsel
has indicated that there may be some minimal testimony on the
marital misconduct but she stated certainly not enough to
require a full day for testimony. If marital misconduct
testimony is to be offered, however, attorney Sumple-Sullivan
should advise Mr. DeArmond and the Master and also indicate what
witnesses will be testifying on that issue at least a month
prior to the hearing.
A hearing is scheduled for Thursday, July 1, 1999,
at 9:00 a.m.. Notices will be sent to counsel and the parties.
E. Robert Elicker, II
Divorce Master
cc: Barbara Sumple-Sullivan
Attorney for Plaintiff
Keith B. DeArmond
Attorney for Defendant
LINDA A. EBERTS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 2461
vs.
WAYNE G. EBERTS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICF SETTING HEARING
TO: Linda A. Eberts Plaintiff
,
Barbara Sumple-Sullivan , Counsel for Plaintiff
Wayne G. Eberts Defendant
,
Ke it h B. DeArmond Counsel for Defendant
,
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 1st day
of Julv ,1999, at 9:00 a.m., at which
place and time you wil] be given the opportunity to present
witnesses and exhibits in support of your case.
By
President Judge
Date of Order and
Notice: 12/22/98
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERI.AND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPI\ONE (717) 24'J-31{'{,
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOME!>"TIC RELATIONS SECTION
LINDA A. EBERTS ) D.",k<1 NUlllh<r 97 2461 CV
Pl.jllli.... )
VS. ) PACSES Cas< NUlllh<r M~ -'1/45;;2.7
WAYNE G. EBERTS )
Ddi:lldalll ) Olh<r Slal< 10 NUlllh<r
PETITION FOR MODIFICATION
OF AN EXISTING SlJPPORT ORDER (ruirrony Pendente Lite)
I. The petition of
LINDA A. EBERTS
respcctfully
represents that on May 16. 1997
, an Order of Court was entered for the
( M'L) support of
LINDA A. EBERTS
A true and correct copy of the order is allached to this petition.
2. Petitioner is entitled to GV increase 0 decreasc 0 termination 0 reinstatemcnt
o Olher of this Order because of the following material and substantial change(s) in
circumstance:
DEFENDANT IS NOT MAKING HOME EQUITY LOAN PAYMENT.
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ATTORNEYS AT LAW
2800 MARKET STREET
CAMP HILL. PENNSYLVANIA 17011
KEITH B. DeARMOND
TELEPHONE: (717) 730.9394
FACSIMILE: (717) 730.2166
JACKIE J. DeARMOND
August 18, 1998
Office of the Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Re: Eberts v. Eberts
No. 97-2461
Dear SirslMadams:
Enclosed please find a Praecipe to enter my appearance.
Very truly yours,
DeAnnond & DeAnnond
Keith B. DeArmond, Esq.
KBD/tmw
enclosure
cc: E. Robert Elicker. 11. Esq.
Barbara Sumple-Sullivan
Wayne Eberts
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ASSETS OF PARTIF.S
PlaintilT marks on the list below those items applicable to the case at bar and
itemizes the assets on the following pages:
(X) I.
(X) 2.
( ) 3.
( ) 4.
( ) 5.
( ) 6.
( ) 7.
( ) 8.
( ) 9.
( ) 10.
( ) II.
( ) 12.
( ) 13.
( ) 14.
( ) 15.
( ) 16.
( ) 17.
(X) 18.
(X) 19.
( ) 20.
( ) 21.
( ) 22.
( ) 23.
(X) 24
(X) 25.
(X) 26.
Real Property
Motor Vehicles
Stocks, bonds, securities and options
Certilicates of Deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender
value and current beneficiaries)
Annuities
Gins
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Business (list all owners, including percentage of ownership,
and oITer/director positions held by a party with company)
Employment termination benelits - severance pay, worker's
compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan
vests
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/V. A. benefits
Education benelits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total category
and attach itemized list if distribution of such assets is in dispute)
Other
MARITAL PROPERTY
List all marital property in which either or both spouses have a legal or equitable
interest individually or with any other person as of the date this action was commenced:
Item Description Names of Presellt Value
Number of Property All Owners of I'ropertv
I. Marital Home Linda Eberts Unknown
2. Saturn Automobile Wayne Eberts and $8,50000
Linda Eberts
2. Pontiac Automobile Wayne Eberts and $7,50000
Linda Eberts
18. 40lk Plan Wayne Eberts $9,00000
25. Household Wayne Eberts and Unknown
Furnishings Linda Eberts
25 Electric Motor Wayne Eberts $1,40000
25. Outdoor Shed Wayne Eberts and $] ,50000
I.inda Eberts
L1ADlLITIES
List all debts of both parties
IIel1l Description Names of
Number of Properlv All Creditors
24. Mortgage Chase Mortgagc
24. Auto Loan - Chase Auto
Saturn
Nal1les of Amounl
All Deblors Owed
Linda Eberts Unknown
Waync Ebcrts $8,500.00
Linda Ebcrts
24.
Personal Loans and
Credit Cards
Wayne Eberts $9,000.00
24.
Home Equity Loan Mellon Bank
Wayne Eberts $8,500.00
Linda Eberts
INCOME AND EXPENSE STATEMENT
I. INCOME
Employer: Companion Technologies
Gross Pay (Monthly) $4,20000
Payroll Taxcs and
Social Sccurity 1,325.00
Insurance 92.00
Rctirement
Other Dcductions
Other Income
Net Pay (monthly) $2,78300
II. EXPENSES
Rcnt or Mortgage (Monthly) $71300
Utilitics
T clephone 40.00
Cablc 32.00
Elcctric 95.00
Heat
Insurancc (Monthly)
Automobile 75.00
Rcntcrs 15.00
Automobile (Monthly)
I nstallment loans 359.86
Gasolinc 80.00
Repairs
Maintcnancc 100.00
Personal Expenses: (Monthly)
Food
110usehold & personal
Medical
Credit Card paYl1lents
I/ome Equity Loan
400.00
200.00
20.00
800.00
333.35
Legal Fees
175.00
Total Expenses (Monthly)
3438.21
. . .
VERIFICATION
I, the undersigned, do hereby verify that the statel1lents made in the foregoing
doeument are correct to the best of my knowledge. information and belief. I understand
that statemenls herein are made subject to the penalties of 18 Pa. C.S. *4904 relating to
unsworn falsification to authorities
Date: ,Jr,l; 2? /llto
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Wayne Eberts
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EXHIBIT "A"
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INVENTORY OF LINDA EBERTS
ASSETS OF PARTIF.S
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets on the following pages.
[ ] I.
[x] 2.
[ ] 3.
[ ] 4.
[x] 5.
[x] 6.
[ ] 7.
[ ] 8.
[ ] 9.
[ ] 10.
[ ] ]1.
[ ] 12.
[ ] 13.
[x] ]4.
[ ] 15.
[ ] 16.
[ ] 17.
[x] 18.
[ ] 19.
[ ] 20.
[ ] 21.
[ ] 22.
[ ] 23
[ ] 24.
[x] 25.
[ ] 26.
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies [indicate face value, cash surrender value and current
beneliciaries
Annuities
Gifts
Inheritances
Palents, copyrights, invenlions, royalties
Personal property outside the home
Business [list all owners, including percentage of ownership and officer/director
positions held by a party with company]
Employment ternlination benelits - severance pay, worker's compensation claim/award
Profit sharing plans
Pension plans [indicate employee contribution and date plan vests]
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims [matured and unmatured]
MilitarylVA benelits
Education benelits
Debts due, including loans, mortgages held
Household furnishings and personalty [include as a total category and attach itemized
list if dislribution of such assets is in dispute]
Other
("'",
/""'"".
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other person as of the date of this action was commenced:
Item Descriplion Names of
Number of Property All Owners
2a. 1993 Transport Joint. Wife drives.
$6000 Paid offwith home
Equity loan.
2b. 1995 Saturn Joint. Husband drives.
There is still a lien on this
vehicle (approximately 2 years left).
5,6. Marital accounts Husband received.
$2644
14,25. Personalty Joint.
18. Continental Medical Systems 401 k Husband.
$4,934.61 is the marital portion.
2
,~,
.,-
NON-MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed
to be excluded from marital pt'operty:
Itel1l
Number
Description
of Property
Names of
All Owners
I.
518 W. Elmwood Ave.
Mechanicsburg, P A
Wife. During marriage, the
debt associated with this asset
was increased.
14,25
Personalty
3
~
LIABILITIES
MARITAL
Item
Number
Description
of Property
Names of
All Creditors
Nal1les of
All Deblors
Sears
$500.00
Wife. Wife paid.
1.
Real Estate
Mellon Bank
Joint. This was used to
purchase vehicle, pay wedding bills,
and other marital purchases.
$24,032.36 = Marital Portion
2.
Crc:dit Card
Cilibank Gold Joint. Wife has been making the
4271382064277649 minimum payments since DOS.
$5,783.52 (DOS Balance plus interest)
Credit Firsl
(Bridgestone)
9018422854
Husband. Husband paid.
$249.13
Boscovs
$162.40
Wife. Wife paid.
4
9:
.'
JUN-29-98 MON 11 :18 AM COLDWELLDANKER'HSG
/nOT-Wr""i'lty D."d-(U10tt rOfm-Act 1909_lJoubl. .h..'
h~'" HJ'. ~nc., I"dl.n., r..
7617818
P. 1.Q.
t!tb i~
1Deeb,
MilDE THE 21st ,1,111 01 JlIlluary
0/0111' I,ord 0116 tllOllsalle! llillO ll1l11dree! ninety -one (1991).
hI Iho v.ar
BBTII'EEN
JIMMY s. WIESMAN and LINDA n. WIESMAN,
husbanu nlld wife,
.'
(,rallIOIS ,
ane!
LINDA A. WIEOMAN,
Grolllea
IVITNRSSETII, Ihal III cOll.lidora!lol1 01 Olm.. - - - .. - - . - - . - - - - -
_ _ _ - - - - - - - 7 - - - - - - - - - .. - - - - - - ($1,00) Dol/ar..,
hi/land 'laid, tho recalpt w/lcl'col /~ hCI'ebll acknoWledocd, Ihe 6(tie! grantorS ,Jo hsrebu orallt
and. convell to tho Mid glRlltec , Iter heirs And 3sBigns.
JILL THI\T CERTI\Ilt lot or pi~ce of grounu wi tll impr.ovamellts
thereon careetgd situate in Upper 1\11en 'fownship, Cumberlllnd county,
Pennsylvania, bounded and doscribed in accordance with a survey
mnde by Gerrit J. Betz, registered surveyor, dated october. 7, 1980,
liB follows, to wit:
BEGINIHNG at a point on the western side of Elmwood I\venue,
said point being located at the southeast corner of lot number 26
on the hereinafter mentioned plan of lotsl thence along the western
side of Elmwood Avenue along II curve bearing to the left, having
a radius ef 200,00 feet, an arc distance of 66.67 feet to a pointl
the nee along lot number 24 on hereinafter mentioned plan of lots,
North 82 degrees 44 minutes 45 seconds West, a distance of 140.00
feet to a point I thence along lot number 35 on hereinafter
mentioned plan of lots, North 16 degrees 7 minutes East, a distance
of 113.02 feet to n point I thence along lot number 26 on
hereinafter mentioned plan of lots, south 63 degrees 37 minutes 45
seconds East, n dlstence of 141.39 feet to a point on the western
side of Elmwood l1venue, to a point and place of DEGIIHIING.
II/WING thereon ereeted a d~lelling being known and numbered as
510 H, Elmwood Avenue, formerly known as 51B Elmwood Avenue,
Mechanicsburg, Pennsylvania. Being Lot Number 25 in the Plan of
Lots known as Section "0", of Miller's Crest, I;econled in Plan Beak
17, page 56, Cumberland County Records.
BEING the same premises which Elmer. J, Heich, Jr. and Sarah
E, IQe1ch, by their deed dated July 31, 1987, and recorded in the
Of.I:1c,," of thl! RQcordcr of Decdl' in ;(nd for: cunlberland counl.:y in
Deed DO ok I{ Volume :1'2.. , Page ~.7'~', granted lInd conveyed unto
Jimmy s. Wieamlln lInd I,lnda 1\, Wiesman, Grantors here1n,
TillS t.ransaction is whully oxelnpt from Real ty 'l'rllnsfeL' 'l'nX
lJocnufl8 It ifl from hunbnnd Bill' wi Cn to wire (72 1'5 ~!l1UI-C),
AUC-14-1Ssa FRI 10105 IOICENTRAL.PENN.SERVICES. fNC.
T~' .?176719676
P'0:!
A, SETTLEMEN'I' STATEMENT
U.S. gfPARf"!Hf Of HOUSING
AHO UlIAN OIVELOPHENT
""" NO 2502-0265
~
'3. nl"e Of LOAH
-
I. [ I FHA 2. I 1 FoHA l. III COI". unla.16. PILE OUIllIl J' lOAN HU!\IU
4. r ] VA S. ( J eM.... 1"1. I 93--373 6397075
C NOTE:Thtl 10r. 1. 1yrni.h~ to gi..... you a .tat...nt O~.~tual I.ttl,..nt COlt'-: A.oun~p.id to end b, tn. .'ttl.-.nt I;~t
ar, .no.,,". ltN, ..,.kl'd .. (POC)" "'Ira patd Ollt.1dl tha clo.,,,O; ttllY Ir. .hovn her. 10r in10rMtienal pu"po.a,. and ,,.,
not 1ncludN 1n th, total.. 5.0 10-96 (6/93-37])
D. NAHE-ANo-AOgRESS OF BOR.~ER !E. HA"E AND ADDRESS OF SELLEA ~E AND ADOIESS OF LENDE.
18.
~ITGAijE lNS CASE ~.~A
Tt~ttly D. Ao.. and
Oonnl L. AOII
Una_ A. lberu
Countr1wtd, H~. Loan_, Inc.
4.8)0 C.rl,.le 'fk.., Suitt o-1e.
Nadwni ,.burg,'A 170S5
~P.OPERTY LOCATION
518 w. El.~ood A~enu~
",en.nlt'burg, 'A 110iS
Cu.btrl.nd County, PA
ti.SEnLEiiENT AG!HT
CEHTAAl PEHH SETTLE"EOT SEAVICES, :HC.
I. SETTLE"EHT DATE
'LAC! 0' SETTLEMENT
4309 Llngl"town .~
Klrrllburg,'A 11112
Aug"'&! 11., 19908
J. S~"ARY 0' 8ORRO~lA'S T.lN1ACTION ~
"QVNT QUf FAM fIoARaUIA ~
101. .. t Sllct Pr1cr
10l '.I".n"ll 'rnIWo,.tv
~le~::.t Cherg., 10 ftorrOllle,. ll~11~ _ _ ~o
'Ol. __ _ ... ~ _
.. Adtult~rn11-t9,. 1ttu M,d h... ~tlltr in Idv10C' h 'fo,. lhu D.IIid by SeU.,...in..
106, cnY/TO'Itn Tuu 08-14-9Q to O':'"~...L UD.&J 'TOtoIn Tue! . CII::.1k:ge __
Tu.. . _ 08-14-98 10 07-01=22.... I JA14.18 H07. .. _ .llB=~'d8.'" _ _
lOll A"......."t'.. to _ . LOS. ~11!1'~tI _ . _-Ist.
~$IWl'l,. ~~1i.-~! 10 ~a-02-jl\ .. _ '1 ~IWI" M-'4-9!1 to 12:02:-98-
11'_ ... ~_o.
112. 4'2.
'20. GROSS ""OUHT 'hl~ fR,OJ1 8OAAOWEA 14J,732.14 4lO. GiOSS AQSNT DUE TO SElLER
m......!.!!QlJ,'iT$ '-'10 BY OR IN !I~HAlf Of 6QllIfOV~g llioo $ fll "flaUNT DUE TO StllEA_.
01 Dt'PO,it C.!, urn..t !IlOtl.v 0.. _=-r== 1.OCXl, ..IU (st. 'nttruction,)
i02-: . c. l ~l/lQW\t: 01 tole\l Lo.1"(fJ. ~_ltl7~20:M 1502. Snu..""," rh_rll.." 10 '!;rllrr .
~'......t.U!.tiI:!!l..J.Q!.I'l(') Take" Subiect: t_o $=- _Elhf1M ~o.1'I!I TII~,," Sublect to
~ _. _ ~~~J&t Mt~ to Ctl.,. n-nhllt.tlCl.
~ _ Jtlvo11 2nd PIta to ".llon BanI( _..'
I~ ::. - - -. - - I" .
~. - L= 01 (Decolit. dhbur..d III croc.ed.) _
l2..Ci_~_H' by S~tlr,. o~. ._ ._...- 500000 ~Ll,.,. ._ ..
1>09. ,509. _._
~. .~tK1it, 10r Heftll W\o.!i~by,~ .. AdlultunulM 1t..s lJrlDllid bv S.lur..
tiio .CltvlTO\In TU8:\ to . 5'0. C,~vlTa.ln Tilt's _.. to
~~' S "-, T.... '" ,-,--~,"""l T.... '0_
. J~~ .. ~... =-:1- --- ~_ AUWIUi'1t!l to
"'u..!l.~u~ntt .. _ 0 . ~ .._~... _
~:. .::. ... . -- ~ - .~ l'~- -. --. , P'volt to .':~M ",,'
rm= . - I 'B __ _
219. 5'9.
220. TOTAL P'IO BY/'O' eo'","!A -L 11l.92O.oo 520. TOTAL AEDUCTION AHOUHT OUE SELLEA
300. CASH AT SETTLE"ENT FROM/TO 9ORROwEIl: 600. CASH AT SETIL!P\ENT TO/FROIiI SfllU
J01. G"on AlIt DU'1ro-;"Borrower (line 120) '-i''3,n.2.14 601. Grou ,l5lOUnt Dut to Sell,; .. _ (lin. 420)[:.136.726.30
"-'-'- (I' 220) ( 11l 920 00) 602 l", I:ltduct1or,. Du~ !idler (UnI520)I( 113.113.72)
1302. l,u "lit ,.id by/fo,. eorrower 'ne ..,
.\Ol. CASH III FROM [ I TO SOARa,,, 29,8'Z.14 6Ol. CASH 11) TO [ J FAOII SEllfA I 23,612.58
'--' " I l,'-- copy 01 no"e, ,.~ of th1, stat...nt & any .tt,c~nt. r.1.rred to ~".1".
Tht und.,..igned h,".by .ck~~.~t ".C.,P 0 . co~p ~ r-. ~
~..;; .r-~ ~~~ A, ~-!n
1lOpe." ~,;- ~.~ SEllER ~E"-;"
IJORROWER~ . - -- SEllER--._.
Ooont L. Rou
K. SUKNAIY OF SEll!I:" T.iHSACT10N
.1.\u.
"'.00",,-' -..--
,3lHt
5z.AL
1l6. T26.30
_Jlll
L~
113.113.72
HUD-i (3-86) RES''', H8 4JOS 2
08/14 '9809:12
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DR 26,527
I.IND^ ^. 1~Il!;RTS .
I'I.AINTIFF/P!;TlTIONER
IN TIlE COIIRT OF COMMON PLEAS OF
ClIMIlERI.AND COUNTY. PENNSYL VANIA
VS
CIVIl. ACTION. I.A W
W^ YNE G. EIlERTS,
DEFENDANT/RESPONDENT:
NO. 97- 2461 CIVIL
ORDER OF COURT
AND NOW. this 16th day of Mav. 1997. based upon the Court's detcrrnination that
Pctitioncr's monthly net income is $ 1.500.00 per month and Respondcnt's monthly net income is
$ 3.153.00 per month. it is hereby Ordercd that the Respondcnt pay to the Domestic Relations
Section. Cuurt ofCommun Pleas. $ 47S.00 a month as alimony pendente lite. elTective Mav 8,
1997 . Arrears set at $ 0.00 as of Mav 16. 1997 , shall be payable at $ N/ ^ . First payment due on
or before June I. 1997. and each month therealier. This order is based upon consideration that
defendant will make payme::nt on the second home equity loan. Defendant is to make payment in the
amount of 18% of any net bonus within five days of receipt of said bonus with veri fication of the
bonus amount.
Paymcnts are to be paid on or be/ore thc I" and IS'" day of each month. Defendant is given
credit tor dircet payment to plaintin'. Defendant to provide:: medical insurance coverage through his
employer lor plaintitT/petitioner and his step children.
Failure to make each payment on time and in full will cause all arrears to become subject to
immcdiatc collection by all of the means as provided by 23 Pa.C.S.9 3703. Further. if the Court
linds. alier hearing. that the Rcspondcnt has willfully failed to comply with this Order. it may de::c1are
the Respondent in civil contempt of Court and its discretion make an appropriate Order. including,
hut notlimitcd tu. cummitment ofthc Respondent to prison tor a period not to excecd six months.
Payments must be made by cash. check ur money ordcr. Cash payments must be made in
person. All chccks and money ordcrs must be madc payable to Domestic Relations Section and
delivcrcd or mailcd to Domestic Relations Section, 13 North Ilanovcr Strcet, 1'.0. Box 320. Carlisle.
Pennsylvania. 17013. Each payment must bear your Domestic Relations number (DR 26.527) in
order 10 be processed.
Rcspondcnt is responsihle Illr service fecs of $ 15.00 to he paid within 90 davs as
dctermincd hy the Domestic Relations Sectiun.
'. ,
-f-'
This Order shall becomc Iinalten days al\er the mailing oflhe nOlice ol'lhc cnlry ol'thc Order
10 the parties unless eilhcr party Iiles a wrillen demand with thc Prothonolary I\lr a hearing de novu
bcl'ore thc Cuurt.
Copics delivcred tu parties on
Consented:
Plaintiff/Petitioncr
Plaintin7Pelitioner's Allorney
Defendant/Respondent
Dcfendant/Respondent's Allorney
DRO: R. 1. Shadday
cc: Linda A. Eberts
Wayne G. Eberts
Barbara Sumple-Sullivan. Esquire
Keith B. DeArnlOnd, Esquire
J.
"
TRt'E COpy FROM RECORD
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I. ....; .':. _. '.. ",_:.I~ t.,..~\ ~ c"'",_, ":':1 ~..~
an:j tll~ :;;til 01 .,:::':lo C:'~ll J, '-~. ,......, . ,"
T~is e~:: ~ ~~~~~3(~
Prothonotary
.
. .
'. '
3'-'Pf'IIRT GU(DEUIIE tG~IFIJTAT.ICI.J
EEEr.T'; '; EBERl,
OF< NUtmER
- , ~- '""I....
~,=-;J.:.. (
HE,;" lrJ.:~ OFFICER: G~
1, TOTAL GROSS PER PAi FEFIC0
2, LESS DEDUCTIONS:
3, NET INCOME PEF F';~ PERI::
.1. ,'IONTHL " 'IET I N', C:~IE'
COMEINEG MONTHLy NET INCrn~
_, PROPORTIOtlATE E':PENr,lT')FE
BASIC CHILD SUFFOR;
ADDITION"L SUFPORT
TOTAL :;:'_'PFCRT
PERCENTAgE OF :OM3INED NET !tlCCNE
EACH PARENT'S OBILGATIOH
tl0NHiL'f CHILD 'CARE Ei.PENSE'
1'1101 lTHL Y CH I L[' CAF E CEll GA Ti ':,"
TOTAL MONT~Lv CHILD SUPPORT :8Lr;~TION
TOTAL CHILD SUPFOFT PER FA~ FEPI0~
CiBLIGOR S f'1C'NTHL ( i.IET ITICOI'lE
LESS DEL I GEE' 5 tlCI, T HL', NET I r.E GM;:
LES'S OBLIGOR S f'lIJrJTHL" CHIL [, S'JF'P':,r;T CJ3L I ;;,TlC,';
DIFFERENCE
f'lUL TI?L 'f B '(
AMOUNT OF MONTHLY SPOUSAL SUPPOF~
TOTAL MONTHLY SUPPORT
TOTAL SUPPOFT OBLIGATION FEF pAy
"
-,
'3.
'7,
10.
11.
I"
~.
13.
1 '
',-.
1 :="
1t),
1 ~
"
1:::..
lS.
e.. '~'.
21.
22.
23.
. , ,""PI
r
')5/l~!n
OBLlGOH
3, 153 1~1
.PO ;",
2 683 1M
:;' 083
OGUGEE
1 ,51:1() I ~1
O'f"
I, ~O(\ it1
1, :00
4.1:::3
,) "
0)
0
\}
04 -;: 36 I,
C G
'J
0
.J
.) /11 ,) ,..
- ~33
i :.Ijl:.
-
1. la:3
"
473
473
4-;-~ /tt.
. ,,- , .
-, I
~
allloullt urapprnxillllllcly S 301l.00 pcr 1I1lllllh alld a car PUYIlICllt urs 3M.OO u 1I111111h. I'luilllil'l'
rcccivcs S 60lUlllII llIullth ill child SIIPPUrt lilr thc Ihrcc childrcn. Dcrclldullt hus hud qllurlerly
hUlIlISCS ill past yeurs und slulcs thul hc hUSII'1 hud u bUlllls sillcc third qllurter ur 1'1'16.
DcrClldallt cUlllellds Ihul he will huvc UII uddiliullullus liuhility urs ~~().Ollamullth.
Dcfclldullt = 3,153 - ~70 = ~.6H3 a munth
Pluintin' =
-1,Sllll u nllllllh
1,183 s 40% = 473.00 alllllnth
DOlllestic RclUlillllS orncc rccul11mcnds S ~75.0ll u IlIllnlh with considcratioll
Ihat dclclldulIl will clllllinuc pU)mCllIS ulllhc SCWII" hlllllC C1luity Illun ($ 5~H) uml dclclldmll
cuntinlle mcdical cuverage llnl'luilllill'ulld I'luilltin-s childrcll (as shc cUllIlllladd children un hcr
II1cdicallilr <10 d:lYs. Dllll1cslic Relatiulls Onicc rllrther rccomll1cllds that derClldanl pay 18 % or
any nct bonus to plaintill'( 475/~6H.1 = 18%). This llrdcr is cncctivc May 11)<17 with crcdit given
that equals no rctrouctivc arn:amgc.
"
-,
HI THE 'cour~-r.' OF
~
COMMON PLEAS OFLE~lbH ~OUNTY
,
DOMESTIC RELATIONS SECTION
, .'
PENNSYLVANIA
1,liESMAN, JIMM', S \ TERM ~JO. DF:-98-41)7
Pl.::lint:iff ) ACCOUNT NO. 19597(1-(l(I:::
'. :). )
) NON-AFDC
:::DE"RTS, L.I NC'A ) CIVIL ACTION - SUPPORT
De-fendant )
ORDER OF COURT FOR SUPPORT dated May liTH, 1998
The -file in this case is made part o-f the record and all
par.tie:;; ar'e dir'ected to comply with all Rules of the Domestic
~:,=lations Section and repo,'t any change in address, employment
or b,=ne-fits within seven (7) days.
I
All payments
R~lations Section.
. t,
shall be made payable and -forwat'ded to Domestic
:'~~T" ·
In accordance with the Rules o-f Civil Frocedure as promulasated
Pa. R.C.P. 1910.11, IT IS FURTHER ORDERED that either party may file a
Written Demand for Hearing before the Court IDE Novo) within (10) days
aite,' the mailing of this or'de". Filing of a Written Demand -for" Heat'ins
be-fore the Court does not stay this Order unless the Court so directs.
If such written demand is not -filed within the ten (11)) day period,
this Order is final and remains a matter o-f record.
a~.., -L,t1/7A14/IA~
t/'Heai'ing OHicer
I
..
-
.
-
I'
~
J.
APPROVAL RECOMMENDED :
P~'3l:' : f~ F ~
-. - - .~-~ -" -- .~ .-"
.~ -- ----.-
------------
d Total number of exemptions claimed
7 Wages. salaries, lips. etc. Attach Form(s) W-2
Sa Taxable interest. Attach Schedule B it required
b Tax-exempt Interest. DO NOT include on line 8a
9 Dividends. Attach Schedule B if required
10 Taxable refUnds. credits, or oNsets of state and local income taxes (see page 12)
11 Alimony received
12 Business income or (loss). Attach Schedule Cor C-EZ
13 Capital gain or (loss). Attach Schedule 0
14 OtI1er gains or (losses). Attach Form 4797 ......
1Sa Total IRA distributions ~ I b Taxable amount (see page 13)
16a Total pensions and annuities ~ b Taxable amount (see page 13)
17 Rental real estate. royalties. partnerships, S corporations. tnJsts. etc. Attach Schedule E
18 Farm income or (loss), Attach Schedule F
19 Unemployment compensation
20a Social security benenls ~I
21 Other income. Us! type & amount-see pg. 15 Wink
22 Add the amounts in the far ri hi column for lines 7 thrcu h 21. This Is urtotallncome
23 IRA deduction (see page 16)
24 Medical savings account deduction. Attach Form 8853
25 MovIng expenses. Attach Form 3903 or 3903-F
26 One-hart of self-employment tax. Attach Schedule SE
27 Self-employed health inslll'ance deduction (see page 17)
1f line 32 is under
129.290 (under 28 Keogh and selt-employed SEP and SIMPLE plans
S9.770 II a child 29 Penalty on early withdrawal of savings
did not live wtth 30 .. Alimony paid b Recipient's SSN ..
you), see E1C mst.3
on page 21. 1 Add lines 23 through 30a
32 Subtract line 31 f'tcm line 22. This is ur ad usted ross Income
For Privacy Act and Paperwork Reduc1lon Ac1 Notice, see page 38.
'10."'..\
'o'm 1040
label
(Seo
Instructions
on page 10.)
Use the IRS
label.
Olhel'Wlse,
please pnnt
or type.
Presidential
Eloctlon Campaign
(See pa e 10.)
1
Filing Status 2
3
Check; only
one box.
Exemptions
II more than six
dependents,
SPC page 10.
Income
Attach
Copy B of your
Forms W-2.
W-2G, and
1 09!l-R here.
If you did not
get a W-2,
see page 12.
tl1cJose, but do
not attach any
pay.nent. Also,
prease use
Form l04o-V.
Adjusted
Gross
Income
::l,u.
OeO~""'t"nl 01 III. r,".u.'....'r 11",,,n,,. S.r"/lC.
U,S. Individual Income Tax Return
1997
190)
IRS UUI Ont....Oo "01 ""11.0' \UO'.'" IIIIIIO.C'
j:'1l'II'l.V..'JlI'I ,.c.C ,11 "19' .,t 01"'"1"""."0. Inn'"Q
'991..no,"O
,10 OMB No IS~S'OO14
Your Social securhy number
332-54-8085
Spouse's social securhy number
L
A
B
E
L
"'01.0' "')! nlm, ~no ,,,,r,.,
LUIII."'.
Linda A
Eberts
II~ lo,nt '''tu'n, 'OOuIII',nlll.""."o,n,I"1
L."n.",.
H
E
R
E
~omo ~OOlllSlln"mOll .no 111..11 It .,.01.0 1'1...... P 0 00_. u. 0.0. 10
518 W Elmwood Ave
AOI,"O
For help In finding IIn.
Instructions, see pages
2 and 3 In the booklet.
Yes No ote: Cl'IlCllng
X """.w,lInol
CI'I'''Q'yOurUIO'
'.ouc.",ou".runo
C"Y. lown 0'0011 oH'C'.II".. '"0 ZIP 1:00. II you 1'1...... '0"'0" ~OO'tll. I..p.;. 10
Mechanicsbur
00 you want 53 to go to this fund?
II a joinl return. does ur spouse want $3 to 0 to this fund?
Single
Married nling IOInI relum (even if only ono had income)
Married IUing separate relum. Enler spouse's social security no. above
and full name here. ..
HUO 0' nounnolo IWIII'! aU'llIy,ng PIIlon). (S.. P'O' 10,llf In. aUliltv.ng pIIlonu" cMo
Out not vaur O'P.nO,nl, ,III., 11'111 CI'IIIO'I nlm, 1'1.,.. ..
Ouall 'n wldow(er) wilh de endent child ( ear s use died" 19 ). (Soe a e 10.)
Yourself. If your parent (or someone else) can claim you as a dependent on his or her lax
return, do not chock; box 6a
PA 17055
4
5
5a
o. 0 xes
checked on
Sa and 5b 1
No. 0' your -
(4) children on 50
No.of who:
~~:~i~ . lived whh _1
vaut nom, you
In 1;;7 . did not live
with you due
13 to divorce or
separation
(se. page 11)_
Dep'endents
on 6c not
entered
above
Add numbers
entered on
b
S ous.
Dependents:
(3) O'j:lIIlOlnl's
c
(2) O,pllnatnt'J
10ciAI securify numDlr
retllionlnij:l fa
1 I=irsllllm,
LIUlllrn.
Wiesman
"
Daniel
595-46-6060 Son
7
&l
21
2
124
57
8b
I b Taxable a~ount (see page 14)
104-Prize
g
10
11
12
13
14
15b
15b
17
18
19
20b
21
22
24
104
812
3
527
.
23
24
25
25
27
28
29
30a
.
3\
32
24 812
~or'" 1040 P;lIt]
CLIENT'S Copy
J:::~t."
:."... I04UI"}'111
Tax
Compu-
tation
II you want
the IRS 10
I'Igure your
lax. see
page lB.
Crodlts
other
Taxes
Paymenls
Attach
Fonns W-2,
W-2G. and
1099-R on
the front.
Refund
Have it
directly
deposited!
See page 27
and 1'111 In 62b.
620. and 62d.
Amounl
You Owe
Linda A Eb~t'::s
33
34a
35
Amount from Une 32 (adjusted gross incomel
Check It: 0 You werll 65 or older, 0 Blind: 0 Spouse was 65 or oldar,
Add the number at boxes checked above and enter the lolal here
b If you are mamed tiling separalely and your spouse itemizes deductions or
you were a dual-status alien. soe pago 16 and check. hero
Enter {Itemized deductions "om Scnldull ". 11"'1 28, OR
the Standard deduction '''0....,.. tlllow 101 you' IIIt"Q Ill\uS But III
largor C~Q' 18 It you C"'Ck.d .In.,. CO. on IIF\I ]&'0' J&D or som.onl
C." ct.,m .,.ou U, d'ClnOlnl
of I Sin;l. .I.,1S0 . M.",.d IlllnQ lo,nlly or CU.II'y,nQ """'00....'(111.18,900
yoUr: I Mild 0' 1'I0USlhOld.S8,050 I M."I.d 11I1nO ..p.r.l.ty.IJ,'SO
Subtract line 35 from line 33
If line 33 is 590.900 or less, multiply 52,650 by the total number of exemptions claimed on
hne Gd, It line 33 is over 590,900, see the worksheet on page 19 tor Ihe amount to enter
Taxable Income, Subt. line 31 from line 36. It In, 31 is more than In, 36. enler..o-
Tax. See page 19. Check if any tax from a 0 Form(s) 8814
b Form 4972
Credit for child and dependent care expenses. Attach Form 244t
Credil for the elder1y or the disabled. Attach Schedule R
Adoption credit. Attach Form 8839
Foreign tax credit. Attach Form 1116
Other, ChecK if from a B Fonn 3600
c 0 Form BBOl d Form (specify)
Add Unes 40 through 44
Sublr1.ct line 45 from line 39. If line 45 is more than line 39. enler...o-
Self-employment tax.. Attach Schedule SE
Alternative minimum tax. Attach Form 6251
Social security and Medicare tax cn tip Income not reported to employer. Attach Form 4131
Tax on qualined retirement plans (Including IRAs) & MSAs. Attach Form 5329 if required
Advance earned income credit payments from Form(s) W-2
Household employment taxes. Attach Schedule H
Add lines 46 - 52. This is ur total tax
Federal income tax withheld from Forms W-2 and 1099
1991 estimated tax payments & amount applied from 1996 return
Earned income credtt. Attach Sch, EIC If you have a qualifying
child b Nontaxable earned Inc.: amt "'I
and type '"
Amount paid with Form 4868 [reQunl 'or '.Ienslonl
Excess social security and RRTA t.a.x withheld (see page 27)
Ol"er P.ym."u. C"eCk il Itom a 0 Form 243Q b 0 Form'138
"00 In. 5'. 55, 5e., 57, 511. & SQ. Th... .Ire yourtotZlI a ments
332 - 54 - 8 0 8 5 P,,, 2
33 24 812
35
12 071
o ElJind.
. 34.1
36
12 741
· 34b 0
}
36
37
38
39
40
41
42
43
44
40
41
42
43
b
o Form 8396
37
38
5 300
7 441
44
45
46
47
48
49
50
51
52
53
54
SS
Sa.
54
55
.
39
1 114
.
57
58
59
60
61
620
b
sa.
57
SB
59
.
45
46
47
48
49
50
51
52
53
1 114
.
d
63
64
It line 60 is more than line 53. subtract line 53 from line 60. This is the amount you OVERPAID
Amount at line 61 you want REFUNDED TO YOU
Routing number I I '" c Type: 0 Checkmg 0 Savings
Account number I
Amount ot line 6 I u went APPLIED TO YOUR 1998 EST. TAX. 63
It line 53 is more than line 60, subtract line 60 from Une 53, This is the AMOUNT YOU OWE
For details on how 10 pay, see page 21
Estimated taJt. penal ,Also Include on line 64
1 114
.
696
149
.
60
61
620
845
65
65
.
.
64
269
Sign
Here
unaer p.n.lIl"S 0' C''Jur)',laec:r.r. 1"'" I !'I..... e"mtnld Inis relutn .nd 'C:COlTlll.ny,ng SCh'dules .nd .t&I.m.rlll, enellO Ihe CIS! 0' rT'Iy knowtld;e If.'
C.lill, I""y .rl Hut, C:Olrlcl. .n(l COmpl'" O.CI.ral,O'" 0' pr.paret (Olher II'I.n Ibp.ye'l i. C'I'O on.lI inlorm.lion 0' whlCI'I "reparer "IS .In.,. knewl.ClOI,
BCT~ mUII,I'Qn
Spouu', OCt;1.Ip.toon
'fouro~p.lion
Office Mana er
O.le
l(t.P.coPy
:II tn, I ,.Iu,n
'0'/0..,
'tc:e'dl
Yourl'Qn'lvre
~ Soo"" ..,.""". '" ,',""""'"
O,'e
Paid
Pr.p.rer'S
Si n'h,!.e
a,,-
GREENAWALT &
~ 400 WEST MAl
~lECHA.toJI CSBURG
yr
Cn'Cll.il
ult-.mD'O 10
Pre parer's ~"m'l ,.,.mllor youf'
Use Only 1I UIl..mDIO~I(!l.nd
JU
.aa'II'
PA
Prellar.'" .oaal lIamly no
172-32-2100
,,' 23-2405297
z,o"" 17055
Ie.l, .l,
SCHEDULES A&B ;schedule A-Itemized Deductions OMD No. 15.5.001.
'(Form 1040) (Schedule B Is on back) 1997
J,'e~'II"O"1 0' I'" r"uurv .. Attach to Form 1040. "Se. Instructions for Schedules A and B lForm 1040\. ~~I~~=~~n~ 07
""""JIRtt"'''u,S,r..'e, r'HI)
'J......r'l ~no....non F:'o'," '0.0 I Your social securtty number
Linda A Eberts 332-54-8085
Modlcal Caution: Do not include expenses reimbursed or paid by others.
and 1 Medical and denlal expenses (see Pige At) 1
Dental 2 E"',,' .moUnl ',om "o,m 10.0, IIn, 33 2
Exponsos 3 Multiply line 2 above by 7.5% (.015) 3
4 Subtract Une 3 from Hne ,. If line 31s more than line " enler-o- 4 0
Taxos You 5 State and lOCal income taxos 5 805
Paid 5 Real estale taxes (see page A-2) 6 2.105
(See 1 Personal property taxes 1
page A-2.1 8 Other taxes. Ust type and amount ..
See Schedule 8 90 "
9 Add lines 5 throuch 8 9 3 DOC
Intorest 10 Home mortgage interest & points reported to you on Fonn 109a 10 8.431
You Paid 11 Hem, mong.;, inll'UII'IOI "porl'C1le you on Form 10118, It p.lO tOI", "
(See person from """om you bOugl'lt the nom.. st, eag' A.3 ana snow tnal
page A-2.) p'raon's nam" io,ntifYlng no.. I",a .00"11 .. ,
,
Note: 11 ,
Personal 12 Points not reported to you on Form 1098. See page A-3 " '
Interest is .
not for special rules 12
deductible. 13 Investment interest. Attach Fonn 495211 required. (See
page A-3.) 13
14 Add lines 10 throuch 13 14 8 431
Gifts to 15 Gifts by cash or check. If you made any gift of $250 or , '
Charity more, see page A-3 15 190
It you made a 16 Other than by cash or check. If any gift ot $250 or more. .
gift and got a see page A-3. You MUST attach Form 8283 If over $500 16 450
tlenetH tor it. 17 Canyover from prior year. 17 .
see page A-3. 18 Add lines 15 throuah 17 18 640
Casualty and
Theft Losses 19 Casualtv or theft loss(es). Attach Fonn 4684. (See patle A-4.) 19
Job Expenses 20 Unreimbursed employee expenses-Job travel, union
and Most dues, job education, etc. You MUST attach Form 2106
Other or 2106-EZ n required. (See page "-4.) .
Miscellaneous .
Deductions 20
21 Tax preparatlon fees 21 50 ,
(See 22 Other expenses-investment, sare deposit box. etc. Ust
page A-S for type arId amount ..
expenses to 22
deducl here.) 50
23 Add Unes 20 through 22 124 I 23
24 Enll' Imcu"'llroll'l ~orm 10.0.1lt'l' 33 24.812
25 Mu~ply line 24 above by 2% (.02) 25 496
26 Subtract Une 25 ftom line 23, It Une 25 Is more than line 23. enter...o- 26 0
Other 27 Other-from list on page A-5. Ust type and amount ..
Miscellaneous
Deductions 27
Total 28 Is Form t040.lIne 33, over $121,200 (over $50.600 If mamed tiling separalely)'?
itemized NO. Your deducUon Is not IImlled, Add the amounts in the far nghl column }
Deductions tor lines 4 through 27. Also. enter on Form 1040. hne 35. the II,g.r ot . 28 12 071
thrs amounl or your standanj deduction.
YES. Your deduction mav be limIted. See page A-5 tor the amount to enter.
For Paperwork R.ductlon Act Notice, ... Form 1Q.40 Instrudlonl.
Schedule" (Form 1040) 1997
OAA
:'..Jllli.'
Dortl.rtmonlO'lnl huslol'V
,.",nll Rc...onvl SI,....,el
Earned Income Credit
(Qualifying Child Information)
Ii> Attach to Form 1040A or 1040.
Ii> See Instructions on back.
0....8 Pio 15U.OO1.
SCHEDULE EIC
,(Form 1040A or 1040)
Linda A
Eberts
1997
;~l:~=~n~o. 43
Your locl.lsecur number
....m~tJI ,nown ")n ,elvtn ~"u .nd In.l,.I(SI
lUI
332-54-8085
8eforo you begin. . .
, See the instructions tor Form 1040A, lines 29c and 29d, or Form 1040, lines 56a and 56b, to nnd out il
you can take this credIt.
'II you can take the credit, nil In the Eamed Income Credit Worksheet In the Form 1040A or Form 1040
instI\Jctions 10 ngure your credit. But If you want the IRS to figure tt for you, see Instructions on back.
Then, you must complete and attach Schedule EIC only 11 you have a qualifying child (see boxes on back).
Information About Your Qualifying Child or Children
11 you have more than two qualifying children, you only have to list two to get the maxJmum credit.
Caution: 11 you do not attach Schedule EIC and
M In all the lines that apply, It wtll tak:e us longer
to process your retum and issue your refund.
Child 1
Child 2
Ftrunlml
LUINoml
Fi'Sln.me
llUNotT\41
Child's name
Daniel
Wiesman
2 Child's year 01 birth
3 If the child was born balore 1979 AND-
I was under age 24 at the end ot 1997 and
a student, check the -Yes. box, OR
Yes
Yea
b was permanenUy and totally disabled (see
back.). check the eves. box .
Yes
Yes
4 Enter the child's social securtty
number
595-46-6060
5 Child's relationship to you (for
example. son, grandchild, etc.)
Son
6 Number of months chUd lived with
u in the United States In 1997
12
months
months
TIP:
Do you want the earned Income credit added to your take-home pay In 19981 To see It you quality, get
Form W-51rom your employer or by call1''ll theiRS at 1-OOO-TAX-FORM (1~29-3676).
For Paperwork Reduction Act NotJ~1 ... Form .1040...
or 1040 Instructions.
Schedule flC (Form 1040,\ or 1040) 1V97
,..
EMPLOYEE W.2 WAGE SUMMARY 1997
0028-5333
JEWI5H FAMtLY SERVtCE OF GREAT
~ SUSAN L JACOB
3333 N FRONT ST
HARRISBURO PA 171tO
FEOERAL WITHHOLOING EXEHPTIONS
PA WITHHOLDING EXEHPTtONS
REGULAR WAGES for t997
H 4
H 0
12460,00
For t997. you ho,e no poyroll odjustments .hlch offected your federol
.0ges (80' I) or stote .oges, Therefore. the .oges on your flnol t997
check stotement should be the some os the .oges reported on your W.2
stotement.
LINDA ANNE EBERTS
0042-000095 98002
PAYROLLS BY PAYCHEX"
1997
Copy C. for .-ploy..t. 'Icordl
Form W-2 Wage and Tax Statement
'~~2~333 0042-00009
OIfI_unllll Oil'" TItUII, .11I1...",1 Rt.tftUt *m.
[MI Mo. IM~-<<Xla
. !TI:'l1l'S'R"'F~'I\ '1(1 'irE'A'V I CE OF GREAT
" SUSAN L JACOB
3333 N FRONT ST
HARRISBURG PA 17110
'.........'1 _.....,_ _ ,1--. _.., _......_
23-2B94B02 332-54-8085
J s.t IMIIL 1Cll' 80. 13 140U'"
. ~lltl!f'IIIrN._.n.'" tON
LINDA ANNE EBERTS
518 ~ EL~OOD AVE
MECHANICSBURG PA 17055
15 SUfi
PA
~IOY<<"IIII.IJl.No.
232894802
17 SUit wl9ft. Ii",. 'It. II St.lt 11l(0ftIt III '9 lDc:.hly 11IM
12460.00 348.92 PA CPTL
Thot~_"bIo<"'9~lOh""_'~s.-.a
EMPLOYEE W-2 WAGE SUMMARY 1997
0028-7772
UNtTED JEWISH COHHUNITY OF
HARRIS8URG
330t NORTH FRONT STREET
HARRISBURG PA 171tO
I WI9". IIPI. Dj'4~~tr 1 fUlfil 11IC0lN '11:N,....'8
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1246u.00 180.70
ill MalII... liPS
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12460.00 124.58
For 1997. you hove no poyroll odjustments .hlch offected your federol
FEDERAl WITHHOLDING EXEMPTIONS H 4 .0ges (80' 1) or stete .oges. Therefore. the .oges on your flnol 1997
PA WITHHOLDING EXEMPTIONS .. H' 0 : check stotement should be the so... os the .oges reported on your W-2
.. statement. .....,' .:~~.,.
REGULAR WAGES for 1997 . . 7810.00
LINDA ANNE EBERTS
0042-00009S 98002
PAYROLLS BY PAl'CHU'
Copy C. for -.ploy..'. r.cord.
Form W-2 Wage and Tax SIatemenl 1997
, ''6'd'2'lr-'7772 I ,,,'
~t~ 01 111I TII_, - 1Ilt"..1 RntlWt >>rllt'
(MI Ilk ISU+<XXII
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HARRISBURG
3301 NORTH FRONT STREET
HARRISBURG PA 17110
I'. Dill<<
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I' LltN"OA ANNe"'EBERT(S
518 W EL~OOO AVE
I MECHAN I CS8URG PA 17055
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PA
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.68 I PA CPTL
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7810.00! 218
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781U.00 113.26
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7810.00 78.10
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In the Court of Common Pleas or
County, Pennsylvania
Pltone:
Fax:
'.
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
Please Dole: AD co......poDdCIIC.IDUSlloelud. lb. PACSES Co.", Sumbtr,
Income and Exot:lIse Statement
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you are owner in whole or pan, you mUsl
also till Oul the Supplemental Income Statemem which appears on the last page of this income and expense
statemelll. )
INCOME STATEMENT OF ~ A. ~J:is
I verify that the statements made in this Incume and Expense Stalemem are true and cnrrect. I understand Ihat
false statements herein are subject to the criminat penallies of t8 Pa. C.S. ~ 4904. relating to unswom
falsification 10 authorities.
~
Date
INCOME:
Employer
Address
:5333 ~_:_J=v'onT S:bree:t
~("P.
rl,~bJr:J1 I rc.
+fArrlsb~A- I'":f-{ID
Type of Work
Payroll No. Gross Pay per Pay Period S ~pay Period (wkly.. bi-wkly" etc.)
:2 Y. \"T"Cr\.-th1 'j
Ilemiu:d Payroll Deductions:
~ Federal Withholding
$~.'l9 Local Wage Tax S<1.19
$\3.33 Savings Bonds $
$ Heallh Insurallce S
$ $
Stale tncome Tax
S 55. Social Securily
S 25.14 Retirement
Credit Union
S Life Insul3l1\:e
Other Deductions (specify)
E{\di"e 411S~
Net Pay per Pay Period S -3- 5~ .9 L
Service Type
Foml1N.OO8
Wurker ID
Incumo and EXl"'lt'o Stalomolll
PACSES Cas<: Numh<:r
,
OTHER (Fill iu Approprialo COIUnUl)
INCOME
WEEK MONTH YEAR
Imoresl $ $ S
Dividends
Pensiun
AnnuilY
Social Sc:curilY
Rems
Royalties
Expense Account
Gifts
Unemploymem
Compensalion
Workmen's
Compensation
IRS Refund
, .
TOTAL S $ I. c:: , -:1- A 4 S
TOTAL INCOME S
(Fill in Appropriate CoIUOUl)
EXPENSES WEEK MONTH YEAR
Home
~18. ~6Age/Rent $ S ~O.s; DO $
Maintenance
Ulilities
Elc:ctric &0.00
Ga>i
Oil
Tolephone .:51).00
Page 2 of 6 Funll1N.OO8
Sorvico Type Worko,lD
-..'\
IlIwme ami Expell,;e Slalemem
PACSES C:c;e Number
(Fill ill Appropriale Clllul1lll)
EXPENSES
(conllnued) WEEK MONTH YEAR
Waler $ $ $
Sewer
-
WATEQ.. '5oPnJEC2.
Employment
Public Transporullion $ $ $
Lunch ~.s. ()O
Taxes
Real Estate $ $ $
-.. -
Pe=nal Propeny
Income
Insurance
fJn~M"'llH; / ,(!.oJ7U.S S s /1.&/1 $
- -,.
Automobile r:..r>J . CO
Life
Accident
Health
Other
Automobile
Paymems . S
- -*_. --
Fud 7o.tY'J
Repai rs 'q7., Q -~.." I(As tJeedad ') ,r J?-. tJO -
'- ".
Medical "
Ductur I{Ac, l.k""\od I $ Z-"). M II- $
Demist "-- ./ "
OnJllxlUlllist 55. CO [Geoff
Servke Type
~ f:>1a.'.u+' fC'<) fJwho<.!
-f or- "-v. c.J,.;. \ch t' ()
Page 3 uf 6 FnrmIN.OO8
/) ..I. Wnrkor 10
0+ urJ ~'t'.....\,urs"J/ #..I'/'UU('-<<4
tu~ume aud Expe:nsc: Slate me III
PACSES Case Number
EXPENSES (Fill in Approprialc Column)
(conllnued) WEEK MONTH YEAR
Hospital
Medi~ine ?:D JYJ
Spc:ciat needs (glasses,
braces, onhopedic (A<.., ~ \ -^d)
devices) O/IJ q IJ; IJCt
Educallon
Privale School S S S
Parochial School
College
Religious
Personal
Clothing S S S
Food 25"(')JD
BarberlHairdresser 12. .CO
Credit Payments: \JISA S ClO.Cb
Credit Card
Charge Account
Memberships
Loans
-.-
S $ , $
Miscellaneous
Household Help $ S $
Child Care
Pape:rs/Books/Maguioe r:.t1/'JAltH al'4rd
Eme..wrunenl ('itAlNoi aP'or2
Pay TV (0'&..E) 25. ('J{)
-' t t(lf) 1J0 I (~.f'...cv rc!
V:u;alion
Page 4 of 6
Form IN-008
Worker lD
Service Type:
hlClll11~ and E'pens~ Stal~l11~nt
PACSES Cas~ NUl11h~r
EXPENSES
(continued)
(Fill in Appropriate ClllunUl)
MONTH
YEAR
WEEK
Gifts
Legal Fees
Charitable Contributions
Oth~r Child Suppan
Alimony Payments
d.../4td
1'1
Other
$
$
$
TOT AL EXPENSES
$
$
,;( ()7 rJ. ~
$
Ownership ·
PROPERTY
OWNED
VALUE
DESCRlYflON
H W J
Checkiog Accounts
Savings Accounts
Credit Union
Stocks/Bonds
$
Real Estale
.....
Other
TOTAL
$
INSURAl'iCE
COMPANY
POLICY'
Co.eraKe ·
H W C
Hospital
Blue Cras.;
Other
M~dical
Blue Shield
Oth~r
. H . Hushand W. Wife C. Combined J - Jllint
Pag~ S llf 6
FllmIIN.OO8
WurkorlD
S~rvic~ Type
t.AW OPPIGllS
BARBARA SUMPLE-SULLIV AN
1>40 UIlIDOE STIlEET
NEW GUHUEIlLA.'m. PENNSYI.VA.."tA 17070-1001
PIIONn (717) 774.1.l4n
FAX (717) 77"'7000
September 1 ], 1998
E. Robert Elicker, II, Esquire
Divurce Master
9 North Hanover Street
Carlisle, P A 17013
Re: Eberts v. Eberts
No. 97-2461 Civil Terl1l
Dear Divorce Master Elicker:
Pursuant to your letter dated August ] 0, ] 998, enclosed please lind Plaintiff's original Pre-
Trial Statement in accordance with P.R.C.P. 1920.33(b).
/,/
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(' Barbara Sumple-Sullivan
BSSllw
Enclosure
cc: Keith DeArmond, Esquire (wfenclosure)
Linda Eberts (wfenclosure)
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circumstances.
6. In August of 1998, Petitioner's home was sold and the second home equity has
been satisfied. No further payments are required from Respondent.
7. Pursuant to this Order, Respondent was also to make payment in the amount of
18% of any net bonus within live days of receipt. Petition has received no monies pursuant to this
provision of the Order and Respondent has failed to respond to requests for verilication of said
bonuses.
8. It is believed and averred that Respondent has substantial increase in income.
9. By reason of said change in circumstances, Petitioner requests that the Order dated
May 16, 1997 be modilied to the maximum allowable by law per month.
WHEREFORE, Petitioner prays that the Order dated May 16, 1997 be modified in the
respects set forth and for such other relief as the Court may find just and proper.
DATE /1'7ftf
( Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, P A 17070-1931
(717) 774-1445
Supreme Court J.D. 32317
Attorney for Petitioner
EXHIBIT
"A"
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fj
/
DR 26.527
I.IN!)A A. EBERTS.
PI.AINTI FF/PI:TITIONER
IN TIlE COURT OF COMMON PLEAS OF
ClIMllERLAND COUNTY, PENNSYL V ANI(\
VS .
CIVIL ACTION. LA W
WA'iNI.: (j. EBERTS,
DEFENDANT/RESPONDENT:
NO. 97- 2461 CIVIl.
ORDER OF COURT
AND NOW, this 16th day of Mav. 1997. based upon the Court's determination that
Petitioner's monthly net income is S 1.500.00 per month and Respondent's monthly net income is
S 3.153.00 per month. it is hereby Ordered that the Respondent pay to the Domestic Relations
Section, Court ofCommlln Pleas. S.i?5.00 a month as alimony pendente lite. ellective Mav 8.
1997. Arrears set at S 0.00 as of Mav 16. 1997 . shall be payable at $ N/ A . First payment due on
or helore June I. 1997. and each month thereafter. This order is based upon consideration that
defendant will make payment on the second home equity loan. Defendant is to make payment in the
amount of 18% of any net bonus within five days of receipt of said bonus with verilication of the
bonus amount.
Payments are to be paid on or bclure the I" and 15'h day of each month. Defendant is given
credit lur dircct payment to plaintifl Delendant [0 provide medical insurance coverage through his
employer for plaintitllpetitioner and his step children.
Failure [0 make each payment on time and in full will cause all arrears to become subject to
immediate colleetion by all of the means as provided by 23 Pa.C.S.* 3703. Further. if the Court
linds. after hearing. that the Rcspondent has willfully failed to comply with this Order. it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order. including.
hut not limited to. cOlllmitmentofthe Respondent to prison for a period not to exceed six months.
Payments must he madc by cash. check or money order. Cash payments must be made in
person. All checks and money ordcrs must be made payable to Domcstic Relations Section and
delivcrcd or mailed to Domestic Rclations Section. 13 North Ilanllver Street. P.O. Box 320. Carlisle.
Pennsylvania. 17013. Eaeh pa)'menlmllst bear your Domestic Relalions number (DR 26.527) in
order tll he processed.
Respondent is rcsponsihlc lur service ICcs of $ 15.00 to he paid within 90 davs as
delcrminctl by thc DOlllestic Relations Section.
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-
LINDA A. EBERTS,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 2461 CIVIL
WAYNE G. EBERTS,
Defendant
IN DIVORCE
AND NOW,
ORDER OF COURT
this ~daY
1999, the economic claims raised in the proceed'ng having been
resolved in accordance with a separation and property settlement
agreement dated July 23, 1999, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT,
cc:
Barbara Sumple-sullivan
Attorney for Plaintiff
C.k .'"T,~~t
- ~li ol.-
er, P.J.
Keith B. DeArmond
Attorney for Defendant
..----- ...----..-,. '.
.
, .
r-"
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYL VANIA
CIV]L ACTION - LAW
Linda A. Eberts,
Plaintiff
No. 97-2461
v.
Wayne G. Eberts,
Defendant
IN DIVORCE
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
This Agreement made this J!yday of ~~~. ' 1999 by and
between Linda A. Eberts, Cumberland County, P sylvani, party of the first part,
hereinafter referred to as "Wife" and Wayne G. Eberts, Cumberland County, Pennsylvania,
party of the second part, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, Husband and Wife were married on June] 8, 1994 in Cumberland
County, Pennsylvania; and
WHEREAS, there are no minor children of this marriage; and
WHEREAS, Husband and Wife are residents of the Commonwealth of
Pennsylvania, and have been so for at least the past six months; and
WHEREAS, this Court has competent jurisdiclion in the above-captioned divorce
aClion by virtue of the parties' domicile; and
WHEREAS, certain differences have arisen between the parties hereto and as a
consequence, they have lived separate and apart since March, 1997; and
WHEREAS, Husband and Wife desire to settle and determine certain of their
marital rights and obligations, and make an equitable distribution of their marital property,
determine their rights to alimony, support and other matters which may be considered
under the Divorce Code; and
WHEREAS, il is the intention and purpose of this Agreement to set torth the
respcctive rights and duties of the parties while they continue to live apart fTom each other
and to settle all financial and property rights between them; and
+-. -~~ -, ..-.....,..........-....
WHEREAS, the parties have mutually entered into an agreement for the division
of their jointly owned assets, the provision for the liabilities they owe, and the provision
for the resolution of their mutual differences, aller both have had full and ample
opportunity to consult with attorneys of their respective choice, the parties now wish to
have that agreement reduced to writing.
NOW THEREFORE, the parties hereto in consideration of the mutually made and
to be kept promises set forth hereinaner and for other good and valuable consideration,
and intending to be legally bound and to legally bind their heirs, successors, assigns and
personal representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
It shall be lawful for Husband and Wife at all times hereafter to live separate and
apart from each other and to reside from time to time at such place or places as they shall
respectively deem fit, free from control, restraint, or interference, direct or indirect, by
each other. Neither party shall molest the other or compel the other to cohabit or dwell
with him or her by any legal or other proceedings. The foregoing provisions shall nOl be
taken 10 be an admission on the part of either Husband or Wife of the lawfulness of the
causes leading to them living separate and apart.
ARTICLE II
DIVORCE
2,1
This agreement is not predicated on divorce. It is specilically understood and
agreed by and between the parties hereto and each of the said parties does hereby warrant
and represent to the other Ihat the execution and delivery of this Agreement is not
predicated upon nor made subject to any agreement for institution, prosecution, defense,
or for the non-prosecution or non-defense of any action for divorce, provided, however,
that nothing contained in this Agreement shall prevent or preclude either of the parties
hereto from commencing, instituting or prosecuting any action or actions for divorce,
whether absolute or otherwise, upon just, legal and property ground, nor to prevent either
party from defending such action which has been, may be or shall be instituted by the other
party, or from making any just or property dcfense thereto. It is warranted, covcnanted.
and represented by Husband and Wite, each to the other that this Agreement is lawful and
enforceable and this warranty, covenant and representation is made for the specilic
purpose of inducing Husband and Wife to exccute the Agreement. l1usband and Wife
eaeh knowingly and understandingly hereby waive any and all possible claims that this
Agreement is. lor any reason, illegal or uncnforceable in whole or in party. Husband and
Wife do each hereby warrant, covenant and agree that. in any possible event, he and she
are and shall forever be estopped Irolll asserting any ilk'gality or unenlorceability as to all
or any part of this Agreement.
. .'
.." __._?__.. _.. ,.",0..: ._....~...-..~_.. . ._...J' _... _......_.
.-"_.... .....-....- . '.P'-- ..~ ._____
('
2,2
The parties acknowledge that a Divorce action has been liIed in the Court of
Common Pleas of Cumberland County, Pennsylvania at docket no. 97-2461. The parties
agree that they will execute and file with the Court Al1idavits of Consent and Waivers of
Notice contemporaneously with this Agreement. The parties agree that a Praecipe to
transmit the liIe to the Judge for finalization of the divorce on August 30, 1999.
2.3
It is further specilically understood and agreed that the provisions of this
Agreement relating to the equitable distribution of property of the parties are accepted by
each party as a final settlement for all purposes whatsoever. Should either of the parties
obtain a decree, judgment or order of separation of divorce in any other state, county, or
jurisdiction, each of Ihe parties to this Agreement hereby consents and agrees Ihat this
Agreement and all ils covenants shall not be affected in any way by any such separation
and divorce, and that nothing in any such decree, judgment, order, or further modification
or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not
either or both of the parties should remarry, it being understood by and between the
parties thaI this Ag., ement shall survive and shall not be merged into any decree,
judgment, or order ,)1' divorce or separation.
2,4
It is specifically agreed that a copy of this Agreement may be incorporated by
reference into any divorce, judgment or decree if or whenever sought by either of the
parties hereto, such incorporation, however, shall not be regarded as a merger, it being the
intent of the parties to permit this Agreement to survive any such judgment or decree.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner that
conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and
taking into account the following considerations: the length of the marriage, the prior
marriages of the parties. the age, health, station, amount and sources of income,
vocational skills. employability, estate. liabilities, and needs for each of the parties, the
contribution of one party to education, training. or increased earning power of the other
party. the opportlmity of each party for tiJture acquisition of capital assets and income. the
sources of income of both parties, including but not limited to medical. retirement,
insurance or other benefits, the contribution or dissipation of each party in the acquisition,
preservation. depreciation, or appl ecialion of marital property, including the contribu\ ion
of J party as a homemaker. the value of the property set apart to each part)'. the stand;trd
- _4: .
-.<-. -..,..
.-
of living of the parties eSlablished during their marriage, the economic circumstances of
each party, including federal, state, and local tax ramifications, at the time of~he division
of the property is to become effective.
3,2
The division of existing marital property is not intended by the parties to constitute
in any way a sale or exchange of assets. The division of property under this Agreement
shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
Husband agrees to pay unto Wife the sum of$9,000.00 upon Wife's execution of
this agreement.
3,4
Real Propertv. Husband agrees to transfer all right, title, and interest in the escrow
account proceeds Ihat were derived from sale of real estate located at 518 West Elmwood
Avenue, Mechanicsburg, Cumberland County, Pennsylvania unto Wife. The parties
authorize Barbara Sumple-Sullivan, Esq. to immediately releasc all said escrowed sums,
together with interest, to Wife.
3,5
Tangible Personal Pro~ Husband and Wife acknowledge that they have
divided their personal property to their mutual satisfaction including all furniture, jewelry,
automobiles and other tangible property, exccpt for the specific items listcd below. Other
than the property herein listed, Husband waives all right, title, and interest in all personal
property currently in the possession of Wife, and Wife waives all right, title, and interest in
all personal property currently in the possession of l1usband
3.6
Motor Vehiclcs. Husband and Wife agree to transfer all right. title, and interest in
their respcctive vehicles to the other party.
Husband agrees to relinancc the loan against the Satum automobilc. Husband has
been approved for relinancing and will complete same \\;thin seven (7) days of the
execution of this agreement. Husband agrees to indcmnily and hold Wifc harmless for
said debt
HlIsb,lI1d agrces to transfer all right. title and interest in thc Pontiac Transport unto
Wife.
alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result
of the marital relation or otherwise, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for
the breach of any thereof. It is the intention of Husband and Wife to give each other by
execution of this Agreement a full, complete, and general release with respect to any and
all property of any kind or nature, real or personal, or mixed, which the other now owns
or may hereafter acquire, except and only except, all rights and agreements and obligations
of whatsoever nature arising or which may arise under this Agreement or for the breach of
any thereof. The language of the release is excepled by the lerms of the obligations
assumed in the agreement.
6,4
Release of T estamentarv Claims. Except as provided for in this Agreement, each
of the parties hereto shall have the rights 10 dispose of his or her property by Lasl Will and
Testament, or otherwise, and each of them agrees Ihat the estate of the other, whether
real, personal or mixed, shall be and belong to the person or persons who would have
become entitled hereto as if the descendant had been the last to die. This provision is
intended to conslitute a mutual waiver by the parties of any rights to take againsl each
other's last Will under the present or future laws of any jurisdiction whatsoever and is
intended to confer third party beneficiary rights upon the other heirs and beneficiaries of
each other party hereto. Either party, may, however, make such provisions for the other
as he or she may desire in and by his or her Last Will and Testament. Each of the parties
further covenants and agrees that he or she will permit any Will of the other to be
probated and allow administration upon his or her personal, real, or mixed estate and
eftects to be taken out by the person or persons who would have been entitled to do so
hac! Husband or Wife died during the litetime of the other and that neither Husband nor
Wife will claim against or contest the Will and the estate oaf the other. Each of the parties
hereby releases, relinquishes and waives any and all rights to act as executor or executrix
or administrator or administratix of the other party's estate. Each of the parties hereto
lillther covenants and agrees for himself and herself and his or her heirs. executors,
administrators and assigns, that he or she will never at any time hereafter sue the other
part y or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing
any of the rights relinquished under this Paragraph.
6.5
Warranties. Each party represents that he or she has not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party
may be responsible or liable, except as may be pro~ided for in this Agreement. Each party
agrees to indemnifY or hold the other party harmless Irom and against any and all such
debls, liabilities, or obligations of each of them, including those for necessities. except tor
till' obligations arising out of this Agreement. Husband and Wife each warrants,
w\'enants. represents. and agrees that each \~ill, now and at all times hereafter, save
hl! mbs and keep the other indemnilied from all debts. charges, and liabilities incurred by
the other party aner the execulioll dale of this ,\!(reement, except as is otherwisc
specitically provided Ibr by lhe tcrms of Ihis A!(reemelltnnd Ihut neither of them hcreafter
incur any liability whatsoever lilr which the l'stllte of lhe olher may he liable
("I,
No waiver or modilication of any of the terms of this Agreement shall be valid
unless in writing and signed by both parties and no waivcr of allY breach hercof or default
hereunder shall be deem cd a waiver of any suhsequent dclilllll of the same nature.
(,,7
Ilusband and Wile covenant and agree that they will forthwith execute any and all
written instruments, assignments, rcle.lses, satislilctions, deeds. notes or such other
writings as may be necessary or desirable lill the property implementation of this
Agreement, and as their respective counsel shall mutually agree should be so executed in
order to carry lillly and ellectivcly the terms of this agreement
II,S
This Agreement shall be constllled in accordance with the laws of the
Commonweallh ofPennsvlvania which arc in dlcct as oflhe dale of the execution of this
A greemenl
6,9
This :\greement shall be hlllding and shall inure to the benelit of the parties herclo
and Iheir respeclive heirs. executors, adminislralors. successors. and assigns.
6.10
This :\!(leemCIll conslitll!es the cluire understanding ufthe parties and supersedes
.my and all prior agreements imd negotiations betweenthcm. There are no representations
or warralllies olher IIUlllthose l"pressly sel lilrth herein
(d I
Sever ahlhly I I' any tel Ill. condition, c1allse, section. or provision of Ihis
:\greemenl shall be determined or declall'd tol'c void or invalid in law or otherwise, then
only that term. conditil1n, clause. sl'ctiOIl, or Plmision shall be slrickcn from this
:\greemenl. and m all other resl'l'ctS. this "\!1recment shall be yalid and continue in full
lilln'. c11i,\.t, and OIll'lallon like\\ISl', the 1;lilllll' of any party to meet his or her
ohhgalion 11mb .my IIr more of the anicles and section shall in no way void or aller the
Il'm,lining "hli\(.1l10n,; Ill' fhe partlcs
,.-
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6,12
It is specitically underslood and agrecd that this Agrcemenl constitutes an
equitable distribution of property, both real and personal, which was Icgallyand
beneficially acquired by Husband and Wife, or eilher of Ihem during the marriage as
contemplated by the Divorce Code of Ihe Commonweallh of Pennsylvania.
6,13
Disclosure. The parties warrant and represent that they have made a full
disclosure of all assets prior to the execution oflhis Agreement.
6,14
Enforceabilitv and Consideration. This Agreement shall survive any action for
divorce and decree of divorce and shall forever be binding and conclusive on the parties,
and any independent action may be brought, either at law or in equity, to enforce the terms
oflhe Agreement by either Husband or Wife unlil il shall have been fully satisfied and
performed. The consideration for this contracl and agreemenl is the mutual benefits to be
obtained by both of the parties hereto and the covenants and agreements of each of the
parties of the other. The adequacy of Ihe consideration for all agreements herein
contained and stipulated is confessed and admitted by the parties, and the panies intend to
be legally bound hereby. In the event either party breaches the aforesaid Agreement and it
is determined through appropriate legal action that the allcged party has so brcached Ihe
agreement the breaching party shall be responsible for any and all attorneys' fces as well as
costs and expenses associated with litigation incurred by the non-breaching party to
enforce this Agreemenl against the breaching party.
{{;ilt~, > &i~-
I
Wayne G. Eberts
tffJ7 A E!'W!'L;,
tfi a A. Eberts
~~
LINDA A. EBERTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO: 97-2461
WAYNE G, EBERTS,
Dcfcndant
CIV]L ACTION - LAW
NOTICE OF INTENTION TO RESliME PRIOR NAME
NOTICE is hereby given that Plaintiff in the above-captioned matter, having been granted
a final decree in divorce on the 30th day of December, 1999, hereby intends to resume and
hereafter use the previous name of Linda A. Randall and gives this written notice avowing her
intention in accordance with the provisions oflhe Act of 54 Pa. C.S. 9704.
~Wh A. ETh-L~
LiI a A, Eberls
TO BE KNOWN AS:
~~d?l A. f?M'(JrJ}Q
LII da A, Randall
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
On this, the ~ day of -J ;:trnu.a~ ,2000, before me, a Notary
Public, the undersigned officer, personally appeared Linda A. Eberts known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the foregoing Notice oflntention to Resume Prior Name for the
purposes contained therein.
NESS WHEREOF, I hereunto set my hand and official seal.
~
.-.---
r- !\I()IArt81 Seal
t\Ill!l8l1l Sunopla-Sulll..n NolaI\' Public
~ Bom. C...1llllf1ar<l County
Nmi Cu.,.,J !. III ~ Nu.uo,bof 16.
My Commission Expires
(SEAL)
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