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HomeMy WebLinkAbout99-07552 (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JOHN M. DiMARTILE, II N 0. 99-7552 Plaintiff VERSUS KAREN V DiMARTIT F II Defendant DECREE IN DIVORCE AND NOW, ac-'04. X91 , 2005 , IT IS ORDERED AND DECREED THAT DiMARTTTO PLAINTIFF, JOHN M, AND KAREN V DiMARTTTF DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement is hereby BY THE COURT: TTEST• I _ J. PROTHONOTARY vi'a' S? ?d??? ORIGINAL MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN JOHN M. DiMARTILE AND KAREN V. DiMARTILE John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O.Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for John M. DiMartile James A. Miller, Esquire Miller Lipsitt, LLC 2157 Market Street Camp Hill, PA 17011 Telephone: (717) 737-6400 Counsel for Karen V. DiMartile ??ran i MARITAL SF,TTLEMENT AGREEMENT 2005 by and THIS AGREEMENT, made this 20 day of between JOHN M. WMARTILE, of Cumberland County, Pennsylvania, and KAREN V. DiMARTILE, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, John M. DiMartile (hereinafter called "Husband") currently resides at 1019 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025; WHEREAS, Karen V. DiMartile (hereinafter called "Wife") currently resides at 1019 Dogwood Lane, Enola, Cumberland County Pennsylvania 17025; WHEREAS, the parties hereto are husband and wife, having been lawfully married on April 3,1986; WHEREAS, one child was bom of the marriage between the parties, namely, Jamie M. DiMartile, bom June 22, 1989; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without ]imitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, director indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not 1 r molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from John J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal advice from James A. Miller, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente life, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set fortli herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the fling of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, 2 earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their manage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband agrees that he has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania. The parties agree that, at the end of the statutory waiting period, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with a copy of the Decree. 3 5. EQUITABLE DISTRIBUTION. A. Real Estate. Husband will retain as his sole and separate property the real estate located at 1019 Dogwood Lane, Enola, Pennsylvania which is currently owned by the parties as tenants by the entireties. Wife shall execute, at the time of the execution of this Agreement, a Deed to the premises transferring all right, title and interest to Husband. Wife shall payoff the balance on the home equity loan against the property and shall indemnify and hold Husband harmless on the said loan currently with Mellon Bank, or its successor banking institution until paid in full. Currently the loan has a balance of approximately $10,000.00. The said payoff by Wife shall occur within thirty (30) days of the date of this Agreement. Wife shall provide evidence to Husband at the time of the payoff. Wife shall be entitled to remain in the residence until September 30, 2005 at which time she shall vacate the residence. In the event Wife fails to vacate the residence by September 30, 2005, she shall pay to Husband the amount of $30.00 per day for each and every day she remains in the residence beyond that date. Upon Wife vacating the residence, she shall turn over all keys to Husband and shall no longer have access to the property for any purpose. B. Furnishings and Personalty. The parties shall divide between them to their mutual satisfaction all furnishings and other personal property located in the Marital Residence. Said division shall be accomplished prior to September 30, 2005, the date Wife must move from the residence. All personal property remaining in the residence after September 30, 2005 shall become the sole and separate property of Husband except as specifically agreed upon in writing by the parties. In the event the parties cannot agree on the distribution of their personal property, the matter may be submitted by either party to the Court of Common Pleas, Cumberland County, Pennsylvania. C. Motor Vehicles. (1) Husband shall retain the 1997 Chevrolet Blazer and shall have in place his own automobile insurance upon execution hereof. 4 P? 1 i , (2) Wife shall retain her leased interest in the 2000 Volvo S40. Wife shall assume sole responsibility for the said lease and shall indemnify and hold Husband harmless on same. (3) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. D. Life Insurance. Each of the parties shall retain any life insurance policies in their individual names. E. Pension and Retirement Benefits. Wife shall retain has her sole and separate property her annuity through Nationwide and her profit sharing plan through Allstate. Husband shall retain his BRA with Allstate. F. Bank Accounts. The parties have divided to their satisfaction joint bank accounts owned by the parties. Any bank accounts in the parties' individual name shall remain their sole and separate property. G. CDs. The parties have cashed and divided certificates of deposits held with Harris Savings and PNC Bank. Each party will retain the proceeds previously distributed to them. H. Safe. The parties have a safe located at the marital residence. The contents of which shall be divided between the parties based on their mutual agreement. 1. Cash Pavment. Wife will pay to Husband at the time of the execution of this Agreement, the sum of $5,000.00 representing the completion of the equitable distribution of marital property. This payment of $5,000.00 to Husband shall have no tax consequence to either party. I Bonds. The parties have acquired, during the course of their marriage, savings bonds which they intend to retain for the purpose of their daughter's education. The parties shall, within thirty (30) days of the execution of this Agreement, inventory the said bonds and make a determination as to the amount currently being held. The party retaining the bonds shall be responsible for the application of those bonds to their daughter's education. In the event 5 t i the bonds are not necessary for the education of their daughter, the parties shall hold them to be gifted to their daughter at a later date by agreement of the parties. K. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. L. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. M. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. N. Marital Debt. There is no marital debt of the parties with the exception of the Mellon Bank home equity loan for which Wife is assuming responsibility. 0. Liabilitv not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, 6 and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. P. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. Q. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. R. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX• The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, i ,o 7 interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. SUPPORT. A. ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Except as provided herein, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. In the event Wife seeks a child support payment from Husband for the parties' minor child at any time prior to her attaining the age of majority, Husband shall be immediately entitled to receive from Wife an alimony payment to be established by the application and the support guidelines more particularly set forth in Pennsylvania Rules of Civil Procedure, Rule 1910.16-4 Part IV, spousal support or alimony pendente lite. The said alimony due Husband shall be calculated based on this formula and shall be payable to Husband in the amount determined by the guideline formula for a period of time continuing until the termination of any child support award secured by Wife. The said alimony payment shall be wage attached. The Court of Common Pleas, Cumberland County, Pennsylvania, shall retain jurisdiction of the alimony claim. B. CHH.D SUPPORT. The parties have agreed because of the method in which equitable distribution occurred and because of the parties' mutual waivers, including but not limited to husband's waiver of spousal support, alimony and alimony pendente lite, any child support due to Wife or Husband for support of the parties' minor child has been either prepaid or waived. In this regard and at the time of execution hereof, Wife will not receive child support and Husband will not receive alimony. Further, in the event Husband at some point in the future 8 would be entitled under Pennsylvania law to receive child support from Wife, based upon the terms herein Husband does waive such right to receive support from Wife. Moreover, provided Wife's financial circumstances are relatively similar to her financial condition at the time of execution hereof, in the event Wife seeks child support for the parties' minor child, Husband shall be entitled to an award of alimony as more particularly set forth in paragraph 7(A) hereof. Wife recognizes that her right to seek child support may continue regardless of the prepayment of the child support as contemplated in the distribution of the property and the entry of this Agreement. Nonetheless, Wife further acknowledges that she will have an alimony obligation to Husband by seeking child support and such action on Wife's part shall trigger the right of Husband to seek that alimony payment even after the finalization of the Decree in Divorce. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming 9 the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of 10 9._?.... the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising tinder the laws of Pennsylvania, any state, commonwealth or territory of the Unit,,d States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIF_ ICATION, No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. M 11 13. SEVF.RABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: John M. DiMartile 1019 Dogwood Lane Enola, PA 17025 and to Wife, if made or addressed to the following: Karen V. DiMartile 10 19 Dogwood Lane Enola, PA 17025 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in,Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution dale" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 12 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements behveen the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 13 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. Cw i WITNESS' z-o-J'ohn M. DiMartile K en . DiMa 14 oral Property- To Be Retained By The Wife Re: DiMartile v DiMartile Kitchen Items Computer Room Various Dishes Bed Silverware Filing Cabinets Utensils Bread Box Knife Sets Trivets Miscellaneous Canisters Curio Cabinet Treadmill Dining Room Set Washer and Dryer Giraffes Shop-Vac Picture Post-separation purchases Sconces Sun Room End Tables Pictures Sconces TV/TV Stand Living Room Pictures Big Screen TV End Tables Piano is ...:..... . __ Yw:?._.._. _.... ??sJ } M1 F. C?? c_ -P i ?.; ?. f?t: ?? _ _ ?I+?- I ?lll ..._ ,?: FL G :'i; L. O n CV U JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA NO. 99 - 7552 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: December 27, 1999 by restricted delivery, certified mail no. Z 448 660 657. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: September 15, 2005; Defendant: August 28, 2005. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated August 28, 2005. V----...:_. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: September 15, 2005; by Defendant: August 28, 2005. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both the Plaintiffs and Defendant's Waivers were filed on September 16, 2005. JAMES, SMITH, DIETTERRICK & CONNELLY LLP Date: Octobers 2005 L6nJ. nnell , Jr., Esquire or mtiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 9._,:_. ci: CD LL, U O ti- O G ,GSA TO ' YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED WITHIN TWENTY 1101 DAYS OF SERVICE HEREOF OR y A DEFAULT JUDGMENT MAY BE ENTERED' AGAINST.YOU.' _ BY AMR"" JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY, LLP P. O. BOX 650 HERSHEY, PENNSYLVANIA 17033-0650 WE HEREBY CERTIFY THAT THE WITHIN IS A TIIUE AND CORRECT COPY OF THE ORIGINAL FILED IN THIS ACTION. 'By AT10RN(Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. q C ?SSa : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERIS 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 Jr., Esquire I JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. c) 9 7a s' Z eLa lam' CIVIL ACTION- LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. :NO. 94- 75,S2 CC( Q T¢w KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is John M. DiMartile, social security no. 182-52-6076, who currently resides at 1019 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Karen V. DiMartile, social security no. 174-56-3730, who currently resides at 1019 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 3, 1986, in Enola, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since December 13, 1999. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that he is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render his condition intolerable and life burdensome. 12. This action is not collusive. COUNT II CLAIM FOREQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 13. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE. 14. Plaintiff is unable to support himself through appropriate employment. 15. Plaintiff lacks sufficient property and income to provide for her/his reasonable r? needs. COUNT IV CLAIM FOR ALIMONY PENDENI'E LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 16. Plaintiff does not have sufficient funds to support himself and pay the counsel fees and expenses incidental to this action. 17. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; C. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite Plaintiffs counsel fees and the cost of this suit; and e for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date By:?/ John J. Conne , , Esquire Attom for Pt ntt ff Post lice Boxes 50 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 1 j VERIFICATION I verify that the statements made in this Pleading 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 unworn falsification to authorities. Date: Lilm M. DiMartile, Plaintitt A? b m tiA `.o wadinnsasm vmu. nerntws RECORD OF DIVORCE OR ANNUL ENT (CHECK CNE) HUSBAND B KAM OTHE room wwm -Rj ? ? WIFE BLACK aTHER(SP*dtY) ® ? ? STATE FKE NUMBER STMFME OATH (SMd' 4 .-? :QJPM710N 0. MATE JUH v? -a GTHER(SMdM is m VAFE OTHER(SOS O 24. SIONFTUREOF TRANSCRBNO CLERK I, To LAw OFFICE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED WITHIN JAMES, SMITH, DURKIN & CONNELLY, LLP NTY RVICE A DEF UILTIJUDGMENTEMAY BE EWNTERED? P U BOX 630 AGAINST YOU. By HERSHEY. PENNSYLVANIA 17033.0650 ATTORMEY ,. ...;JQ WE HEREBY CERTIFY THAT THE WITHIN 15 A TRUE AND CORRECT COPY OF THE ORIGINAL FILED IN THIS A(_ION. By ATT011NCY JOHN M. DIMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7552 KAREN V. DIMARTILE, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Ss. AND NOW, thisL-L'I day of w, L?.G/_ 2000, personally appeared before U me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly swom according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Karen V. DiMartile, on December 27,1999 by certified mail number Z 448 660 657, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof. Swom'to and subscribed before me Fhis day of Notary Public 2000. Notarial Seal Stephanie L. Gaffey, Notary Public Hunmelstown em. Da #M County My Commission Expires Sept. 20, 2002 WON, PerEnyNwiA AMCIadan of Notaries J m SENDER: .a .Complete Items I and/or 2 for additional sewlcee. a . Carnpiote Items 3.4a. and 4b. m . Print your name and address on the reverse of this loan bo mat we can rotum this $ card to you. 0 . Attach Xis loan to the front at the mailpiece. or on the back It space does rot ppee mn. n erReceipt foonIna aepiecobalewe sTM W .The Return Receipt wi11ll Show show towlwm the the aniGO was tleliv6 rJ' delivered. 3. Article Addressed to: IN -71 1019 ZV uoocL?'c?ze !?70C2L ?? S. Received By: (Pint Name) B. Slgga ddr ssee er+4g U 'ray o RJ PS E?e 38, er 1994 d: r• I also wish to receive the following services (tor an extra fee): 1. ? Addressee's Address Z 2.;q-fiestdcled Delivery IS I Consult postmaster for fee. n ? Registered ? Express Mail [3 Retum Receipt rMercha isi 7. Date eliv B. Addressee's Address (On, and fee is paid) ta2seS9ae-0Y2s Domestic Rl loS7 EI 3 -Wcertified ? Insured c ? COD 7 oP if requested JOHN M. DIMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA v : NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: A -15 01,/`? d3HN M. DiMART[LE, Plamhff La O N 7 IE 2 O d EE G X14 W C/1 ? E r U JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 99 - 7552 CIVIL KAREN V. DiMAIZTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was tiled on December 17, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO RE VEST ENTRY OF A DIVORCE DECREE UNDER 4330I(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: 0 KAR V i ARTILE, Defendant o C..) W? N v 22 ? ?C ?JW f: FLU C? / T' w l C f (. l 5? JOHN M. DiMARTILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 99-7552 CIVIL 19 KAREN V. DiMARTILE IN DIVORCE Defendant STATUS SHEET DATE: I _ ArTTVTTTx7c- i _v.h, !-r vvl '9l LwV. . ' ( ,- ii !0 , 1 , ]Aaus Sbimi DIErIIatICK & C04NNELLY UP John J. Connolly. Jr. 116"FI Ic oonl FAX 717.533.7771 July 15, 2004 Traci Coyler Office of the Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: John M. DiMartile v. Karen V. DiMartile No. 99 - 7552 Civil Dear Traci: Pursuant to your voice message to Jeannie, enclosed please find a photocopy of the discovery certification forwarded to your office. Hope this helps in scheduling the pre-trial conference. Very trulyyouurs, John J. Connelly, Jr. JJC/jlk P.O. BOX 650 HERSHEY, PA 17033 QMOUR MAVENS' 13.1 SIM AVENUE HUNWELST00AIN. PA 17D36 TEL. 717S33 32W W06Y.JSDC.COM GARY L. JAMES MAX J. SMITH, JR. JGHN J. CONNELLY. JR, Scott A. DIMERICK JAMES F. SPADE MA"HEW CHABAL. III GREGORY K. RICHARDS SUSAN M. KADEL JARAD W. HANDELMAn DONNA M. MULLIN EDWARD P. SEEDER NEIL W. YARN COURTNEY L. KISHEL KIMBERLY A. DEWITT OF COUNSEL: MAHLEY DEAS & KOCHALSKI. LEE COLUMBUS, OH BERNARD A. RYAN. JR. HERSHEY. PA Enclosure JOHN M. DiMARTILE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, Defendant IN DIVORCE TO: John J. Connelly, Jr. Attorney for Plaintiff Karen V. DiMartile Defendant DATE: Wednesday, November 21, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is riot complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. All discovery has been essentially completed. Any details can be worked out at the time of the pre-trial conference. IA- 11-6D DATE NOTE: PRETRIAL, DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. f{r' f i I" ;( cc: James A. Miller, Esquire JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFEFENCE TO: John J. Connelly, Jr. James A. Miller , Attorney for Plaintiff , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 29th day of March 2005, at 9:30 a.m., at which time we will define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 1/28/05 E. Robert Elicker, II Divorce Master J:\\us Salrn I DurrnsiCK & CONNELLY UP Jnhn J. Cunndly, Jr. F.\\ 717.533.7771 January 13, 2 o oox rPA , -005 rleHSrmY. PA ncuJ nN1. P, VRIL ill 'VSIf 9?:u) Attention: Traci Coyler Office of the Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: John M. DiMartile v. Karen V. DiMartile No. 99 - 7552 Civil Dear Traci: GARY L. JAMES MAX J. SMITH. JR. Enclosed please find a clocked-in copy of the Plaintiff's Pre-Trial Statement. JOHN J. C 'EnEA NELLY. JR. Scoff JAMES F. SPADE CHABAL, Please give Jeannie a call upon receipt to schedule a convenient time and date for GREGORYK K . . RIC RID MAN„? III HARDS a pre-trial conference in this matter for both Mr. Miller and myself. Thank you. JARAN M. KADEL AgAD W. HANDEIMAN DOHIIA M. MULLIN EDWARD P. SEDBEn Very truly yours, NEIL W. YAHN COURtNEY L. KISHEL q KIMBERLY A. DEWRT OF COU11SEL: MaNLEY DEAS t KDCIwLSKI, uC ?:obhn"?J.fonnelly, Jr. CO10A100 OH BERNARD A. . RYAN, JR. JJC/jlk HERSHEY, PA cc: James A. Miller, Esquire (%v/enc.) Enclosure L' JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 99 - 7552 CIVIL CIVIL ACTION - LAW IN DIVORCE i7 PLAINTIFF'S PRE-TRIAL STATEMENT Date of Marriage: Date of Separation: Divorce Complaint filing date: 1. ASSETS A. Marital Property B. Non-marital Property - r_ April 3, 1986 December 13, 1999 z.' December 17, 1999 _! N 'o W See Exhibit "A" See Exhibit'S" 2. EXPERT WITNESSES Plaintiff knows of no expert witnesses at this time. However, Plaintiff reserves the right to supplement this answer should such become available. 3. NON-EXPERT WITNESSES Plaintiff knows of no non-expert witness at this time with exception to the parties. However, Plaintiff reserves the right to supplement this answer should such become available. 4. EXHIBITS (a). Plaintiffs Inventory (Exhibit "A"). (b). Plaintiffs Income and Expense Statement (Exhibit "B"). 5. GROSS INCOME/NET INCOME A. Plaintiff - See Income and Expense Statement. (Exhibit "B"). B. Defendant- See Defendant's Income and Expense Statement. 6. EXPENSES A. Plaintiff - See Income and Expense Statement. (Exhibit "B"). B. Defendant - See Defendant's Income and Expense Statement. 7. PENSIONS/RETIREMENT A. Plaintiff-None B. Defendant - See Defendant's Inventory 8. COUNSEL FEES Total counsel fees in the matter to be presented at time of hearing. 9. PERSONAL PROPERTY DISPUTE None at this time. 10. MARITAL DEBTS See Plaintiffs Inventory (Exhibit "A") 11. PROPOSED RESOLUTION It is proposed that the parties distribute the marital assets equally with the Plaintiff receiving I` F"-,:: I: r equity in the marital residence and a rollover from the Defendant's pension benefits to equalize the distribution. The Plaintiff has also made a claim for alimony which must be addressed by the Master. Because the parties continue to reside together in the marital residence, there has been no child Support order entered in this matter. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY Date: 1-I_ L_'D By' (717) 533-3230 PA I.D. No. 15615 VERIFICATION The undersigned, John J. Connelly, Jr., Esquire, of the law firm of James, Smith, Dietterick & Connelly LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Pre-Trial Statement has been prepared by me by knowledge and information acquired during the course of my representation of Plaintiff; John M. DiMartile, that I execute this verification as a signature of said Plaintiff cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: / "/,% O r. EXHIBIT "A" JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY OF JOHN M. DiMARTILE Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 1-a -05 ,Ain M. DiMartile, Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles (x) 3. Stocks, bonds, securities and options (x) 4. Certificates of Deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market (x) 7. Contents of safe deposit boxes () 8. Trusts (x) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) (x) 10. Annuities () 11. Gifts () 12. Inheritances O 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) () 16. Employment termination benefits - severance pay, workman's compensation claim/award (x) 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION NAMES OF ALL OF PROPERTY OWNERS Marital Residence located at 1. 1019 Dogwood, Enola, PA Husband and Wife approx. value $150,000.00 1997 Chevrolet Blazer 2 approx. value $12,000.00 Husband and Wife Savings Bonds (for Jamie's 3. education) Husband and Wife approx. value $19,000.00 Certificates of Deposit cashed 4. 1. Harris $12,000.00 Husband and Wife 2. PNC $10,000.00 Wife received $17,000.00 of proceeds and Husband received 55,000.00 Checking Account Allfirst 5. opened at separation with Husband $5,000.00 Checking Account 5. Harris/Waypoint Wife value to be determined Savings Account Waypoint 6. value to be determined Wife Safe in marital residence 7. value to be determined Husband and Wife Life Insurance 9. Baltimore Life-Term Husband death benefit $200,000.00 Life Insurance 9. 1. Allstate - Term Wife death benefit $120,000.00 2. Allstate Whole Life YM-- .-.m 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 property. ITEM NUMBER DESCRIPTION OFPROPERTY REASON FOR EXCLUSION 2. Leased 2000 Volvo s40 Acquired by Wife After Date PROPERTY TRANSFERRED LIABILITIES ITEM NUMBER DESCRIPTION CREDITORS DEBTORS 24. Marital Residence Home Equity Loan approx. balance $14,800 (updated balance needed) balance at dos $18,000 Husband and Wife 24. 1997 Chevrolet Blazer GMAC Husband and Wife 24. Volvo Lease Volvo Financing Wife Y?- f ' 1 1 4f I ? EXHIBIT "B" JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant III THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 99 - 7552 CIVIL CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATENMNT OF: INCOME Employer: McCartney Roofing, Spouting & Siding Address: 149 E. Dauphin Street, Enola, PA 17025 Type of Work: Roofing and siding Pay Period (weekly, biweekly, etc.): Weekly Gross Pay per Pay Period: 5500.00 Itemized Payroll Deductions: Federal Withholding $50.00 Social Security 538.25 Local Wage Tax $8.00 State Income Tax $14.00 Retirement Savings Bonds Credit Union Life Insurance Health Insurance Unemployment Tax Other - Medicare Net Pay per Pay Period: 5389.75 OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Accounts Gifts Unemployment Comp. Worker's Comp. Alimony Child Support TOTAL NET INCOME EXPENSES Home Home Equity Loan Maintenance Utilities Electric Gas Oil Telephone Water Sewer MONTHLY YEARLY (Fill in appropriate column) S 5200.00 $100.00 S30.00 $ 30.00 $ 30.00 $2,400.00 $1,200.00 $360.00 $360.00 5360.00 L? ?.U MONTHLY YEARLY (Fill in approp riate column) Employment Public Transportation Lunch S100.00 S1,200.00 Taxes Real Estate $152.50 $1,830.00 Personal Property Income Insurance Homeowners Automobile $37.50 $450.00 Life $40.00 $480.00 Accident Health (projected) $300.00 $3,600.00 Other Automobile Payments Fuel $60.00 $720.00 Repairs $ 21.67 5260.04 Medical Doctor Dentist Orthodontist 'Hospital Medicine Special Needs (glasses,contacts, $ 21.67 $260.04 braces, orthopedic devices) MONTHLY YEARLY (Fill in appropriate column) Education Private School Parochial School College Religious Personal Clothing $ 40.00 $480.00 Food $ 80.00 $960.00 Barber/Hairdresser Credit Payments Charge Accounts $150.00 $1,800.00 Memberships Loans Credit Union Miscellaneous Household Help Child Care Paper/Books/Magazines S 15.00 $180.00 Entertainment $100.00 $1,200.00 Pay TV Vacation $ 83.35 $1,000.20 Gifts $ 83.35 $1,000.20 Legal Fees Charitable Contributions S80.00 $960.00 Other Child Support Alimony Payments TOTAL EXPENSES 51,755.04 $21,060.48 i, i i ii VERIFICATION I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: l -?3-b5 "ice M. DiMartile, Plaintiff JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. V. : NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly LLP attorney for the Plaintiff, John M. DiMartile, hereby certify that I have served a copy of the foregoing Pre-Trial Statement on the following on the date and in the manner indicated below: U.S MAIL. FIRST CLASS. PRE-PAID James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY Date: l -13 e' r nULJllcy, rn 1 iwo (717) 533-3280 PA I.D. No. 15615 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, If Divorce Master Traci Jo Colyer Office Manager/Reporter March 17, 2003 John J. Connelly, Jr. Attorney at Law JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033-0650 West Shore 697.0371 Ext. 6535 James A. Miller Attorney at Law 2157 Market Street Camp Hill, PA 17011 RE: John M. DiMartile vs. Karen V. DiMartile No. 99 - 7552 Civil In Divorce Dear Mr. Connelly and Mr. James: I understand that Mr. Miller is now representing the Defendant, Karen V. DiMartile. I assume that Mr. Miller will be entering his appearance. According to Mr. Connelly discovery is complete and I am going to proceed with a directive for pre-trial statements. This action was commenced by the filing of a complaint in divorce on December 17, 1999, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. I assume that the parties will sign affidavits of consent so that the divorce can proceed under Section 3301(c) of the Domestic Relations Code. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, April 7, 2003. Upon receipt of the pretrial statements, I will immediately schedule a pre- .'L' , It %7 i Mr. Connelly and Mr. Miller, Attorneys at Law 17 March 2003 Page 2 hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. JOHN M. DiMARTILE, Plaintiff VS. KAREN V. DiMARTILE, Defendant TO: John J. Connelly, Jr Karen V. DiMartile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7552 CIVIL IN DIVORCE Attorney for Plaintiff Defendant DATE: Wednesday, November 2Ip, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 4ef . .1. t1 It I. r 2 1 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. cc: James A. Miller, Esquire OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240.6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter December 21, 2000 John J. Connelly, Jr., Esquire JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033-0650 RE: Dorsey/DiMartile/Hess Dear Mr. Connelly: West Shore 697.0371 Ext. 6535 I am returning to you copies of certification documents in the Dorsey, DiMartile, and Hess cases. Your standard statement that you are now using on your certification documents is that discovery has been "essentially completed". I do not understand what essential completion of discovery means; either discovery is complete or it is not. I do not intend to get involved in discovery issues at the time of the pre-hearing conference. It is at that time that we should have the information available to assess the case financially without having to be sidetracked with pending discovery motions and outstanding questions regarding identification and valuation of assets. When you certify to me in the cases at issue that discovery has been Mr. Connelly, Attorney at Law 2 21 December 2000 completed, I will consider issuing a directive for the filing of pretrial statements. Very truly yours, E. Robert Elicker, II Divorce Master ENCLOSURE JOHN M. DiMARTILE, Plaintiff VS. KAREN V. DiMARTILE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7552 CIVIL IN DIVORCE TO: John J. Connelly, Jr. , Attorney for Plaintiff Defendant Karen V. DiMartile DATE: Wednesday, November 21, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any interrogatories or discovery motions. j ',_1 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. All discovery has been essentially completed. Any details can be worked out at the time of the pre-trial conference. 1a-11-OD DATE NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. cc: James A. Miller, Esquire y%sus Sslrn I DURKN & COMJELIN I.LP January 29, 2001 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: John M. DiMartilc v. Karen V. DiMartile No. 99-7552 Dear Mr. Elicker: When I prepared the certification in the above case for trial, I believed only updated information on assets would be necessary at the time of the Pre-trial Conference which is consistent with your past practices. No other discovery is necessary. I trust this will permit you to schedule this matter for a Pre-trial Conference. If anything further is needed, please advise. Very Connelly, Jr. JJC:has cc: James A. Miller, Esquire 111 SPE AVENUE: 1IJ0!!'EL5T0: ?I. PA ,;u,,, LIAILI44- 7.000ESS- P.O. TO 5110 ,,, R5Hj.I. PA 11039 TEL. 71753,132K 1.;i 1175772795 I4.OFCASCLEOAL.COL1 uAPRfnURC, OFflCE: IEd1CIA04UT ST. HAR?166URG. PA RIOT 11171239 4776 Jahn J. Connelly, Jr. BCjr 1'jsd1Cg21.con BUSINESS a COMMERCIAL LAW CIVIL LITIGATION CREOITORT RIGHTS EDUCATION LAW EMPLOYMENT LAW ESTATE PLANNING FMAILY LAW INSURANCE LAW LAND USE MUNICIPAL LAW REAL ESTATE TRUST 6 ESTATE ADMINISTRATION JOHN M. DiMARTILE, Ia THE COURT OF COMMON PLEAS OF CUMBERLUID COUNTY, PENNSYLVANIA Plaintiff Vs. KAREN V. DiNARTILE, NO. 99 - 7552 CIVIL 19 MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (Defend a master with respect to the following claims: ( ) Divorce (gg) ( ) Annulment () Alimony (7(y) Q? ) Alimony Pendente Lite (KX) and in support of the motion states: ant), moves the court to appoint Distribution of Property Support Counsel Fees Costs and Expenses (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) MKX appeared in the action kp(gy(9y(=UXk (by his attorney, James A. Miller ,Esquire). (3) The staturory ground(s) for divorce (is) (are) ies and irretrievable breakdown - (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with res ect p to the following claims: (c) The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, Counsel Fees Costs and Expenses, Distribution of k?i u,a dcczon ppmvO.nueIX) (does not involve) complex: issues of lawpI or fact. (o) The hearing is expected to take one (1) g91dM) (days). (7) Additional information, if any. relevant to the motion Date:-10 / ORDER A AND NOW ",et,4 v1/„}9,a is appointed master with respect to By the //-/6-00 S r=r? IJ •-T, f I ? i i } Cl) 1 ? o ?- o u MILLER LIPSITT LLC 21 57 MARKET STREET • CAMP HILL, PA 1701 1 • (717) 737-6400 JAMES A. MILLER, ESQUIRE SHAUN E. O'TOOLE, ESQUIRE, LLM CHADWICK 0. BOOAR, ESQUIRE ofCoun el HONORABLE WILLIAM W. LIPSITT, Retired Dauphin County Court of Common Pleas Saturday, April 19, 2003 E. Robert Elicker, II 9 N. Hanover Street Carlisle, PA 17013 Re: DiMartile No: 99-7552 Dear Mr. Elicker: FAX: (717) 737.5355 EMAIL: I N FO(QPAAT LA W. COM WEB: PAATLAW.COM Enclosed please find Defendant's original Pretrial Statement, Income & Expense Statement and Inventory Statement along with a copy of the undersigned letter to Attorney Connelly satisfying number 11 ofPa.R.C.P 1920.33(b)(11). I appreciate your attention and consideration. Sincerelly, James A Miller John J Connelly, Jr., Esquire Karen DiMartile HARRIBBURO: TELEPHONE (71 7) 236-5 161 . FACSIMILE (717) 236.8747 L- MILLER LiRSITT LLO ° 21 57 MARKET STREET , CAMP HILL, PA 1 701 1 • (717) 737.6400 JAMES A. MILLER, ESQUIRE SHAUN E. O'TOOLE, ESQUIRC, LLM CHADWICK 0. 90GAR, ESQUIRC ofcounie HONORABLE WILLIAM W. LIPBITT, Reumd Dauphin County Court of Common Pleas Saturday, April 19, 2003 FAX: (71 7) 737.5355 EMAIL: 1 NFO@PAATLA W. COM WEB: PAATLAW.COM VIA FACSIMILE K REGULAR MAIL (717) 533-2795 John J Connelly Jr Esq James Smith Dietterick R Connelly P.O. Box 650 Hershey, PA 17033 Re: DiMartile Its, ttt Jj,l+! ° \!/J Dear John I appreciate your cooperation in extending the deadline for the pretrial statements. Enclosed please find our income/expense statement, inventory statement and pretrial statement. I haven't received your documents yet. You're under the same procedural requirement as we are. Please advise when I will receive your statements. I expect and am hopeful that they are simply crossing in tile mail since you knew that they were due as well on Monday, the 21". In the meanwhile, I understand our clients have again talked and resolved the economic matters. The breakdown on distribution is that John will keep the marital residence and indemnify Karen on the equity line. He will also keep his vehicle and the life insurance policy/annuity. Personal property I'm sure can be divided reasonably between Karen and John. Karen will keep her employment assets and her leased vehicle. I'm enclosing a draft settlement agreement reflecting these terms (not in facsimile but in regular mail). Additionally, I'm enclosing copies of those documents in my possession that you requested in your March 31, 2003, letter: 1. past 5 years tax returns 2. current paystub to be supplemented if necessary (number 3 below should satisfy your request) 3. 2002 year end income statement attached 3. annual statements from 1999 to present to be supplemented upon receipt of same 5. copies of all attached (bonds not included in facsimile but in regular mail) HARRISBURG: TELEPHONE 171 71 236.51 61 . FACSIMILE (71 7) 236-x747 JJC, Es 1. 5nnn drq, : l pri1 19, 2003 re: UiMnrlile With regard to your October 25, 2000, letter, I enclose: I. copies of 401(k) Savings statement attached for April 7, 2003 showing $139788.87 and for November 9, 2000 showing $162656.64 2. copies of Nationwide annuity 2002 year end statement showing $24238.24 and for January 4, 2000 showing $33835.44 3. copies of cancelled checks evidencing the CD distribution concern 4. the life insurance information is contained in our inventory statement and I trust this satisfies your concern in this regard; you can confer and confirm with your client as to the veracity Additional comments: 1. With regard to the residence and strictly for and limited to the purpose of negotiation, we will agree to your March 2003 figures. Did you obtain the market analysis identified in your October 25, 2000 letter and if so, will you provide me with a copy at your earliest convenience? 2. With regard to your client's Allstate annuity, kindly provide a current statement. 3. The date of separation as suggested in your March 2003 letter is acceptable. I look forward to you receiving this letter and documents and contacting me thereafter with your response. Sincerely, / C. James A! Miller J Arads enclosures 'cc: E. Robert Elicker, 11, Esq via Income/Expense statements Karen DiMartile w/ copies fax w/ copies of Defendant's Pretrial, Inventory, 2 ?Krgl 04/21/2003 09:01 7177375355 JAMESMILLER PAGE 01 r 2107 MARKET STREET, CAMP HILL, PA 17011. (717( 737.6400 FAX: (717) 737.5355 JAMPSA. MILLER, ESQUIRE EMAIL: INFORMATIAN,'.COM SHAUN E. OTOOLE, ESQUIRE, LLM WEB: PAATLgW,COM 01ADWICK 0. DOGAR, ESQUIRP o sel HONORABLE WILLIAM W. LIPSIIT, rcNred ))A UPIfINCOUN YCOURTOP CL7MMON P/.GS F®CS_ IMIIX_COVER SHAFT To: JJConnelly JR ESQ From: James A Miller Fax: y0 '7 Y10 Pages: Phone: Date: S i Re: DlMartile CC:L ? Urgent ? For Review ? Please Comment ? Please (Reply e Comments: Attached are ` I 2. copies of pretrial, incometexpense, Inventory copies of supporting finamiai documents requested This facsimile communication contains CONFIDENTIAL INFORMATION which may also be LEGALLY PRIVILEGED and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient you are hereby notified chat any dissemination or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify us by telephone call collect at (717) 737.6400 and return the original facsimile to us at the above address by mail without retaining any copies. Thank you. x_ ORIGINAL CORRESPONDENCE WILL BE FORWARDED BY MAIL. - ORIGINAL CORRESPONDENCE WILL NOT BE FORWARDED BY MAIL. Harrisburg: (717) 236.5161: facsimile (717) 236"8,,47 L, t I f i 1 i 04/21/2003 09:01 7177375355 JAMESMILLER PAGE 02 MILLER LIP5ITT LLC Z 1 57 MARKET GTRCCT I CAM- MILL. PA 1701 1 - 171 71 737.6400 rAX: (7171 737.5255 EMAIL! INro@PAATLAW.COM WEBS F-AATLAW.CCW JAMCO A. MILLER, EOp UIRC SMAUN C. OITOOLC, EVpUIRC, LLM CMAOWICK O. BOOM, Eap UIRC oreounrrl HOMORAOLC WILLIAM W. LIPOIT , Rend OoupAln County Courl Q(COMM" plrar Saturday, April 19, 2003 E. Robert Elicker, Il 9 N. Hanover Street Carlisle, PA 17013 Re: DiMartile No. 99-7552 Dear Mr. E)icker: Enclosed please find Defendant's original Pretrial Statement, Income & Expense Statement and Inventory Statement along with a copy of the undersigned letter to Attorney Connelly satisfying number I i ofPa.R.C.P 1920.33(6)(11). I appreciate your attention and consideration. Sincerely, lames ?k Miller JAM/ (ds encldsures cc: John J Connelly, )r., Esquire Karen DiMardle HARRIOOURO: TCLCPMONC 17171 23 6.51 8 1 . rACg,MILI: (7171- 23[.8747 04/21/2003 09:01 7177375355 JAhIESMILLER PAGE 03 MILLER LIPSITT LLC 21 57 MAgKCT 9TgCCT • CAMP HILL, PA 1701 1 • ,71 71 737.6400 FAXI 17171 7437.5355 E MAILI INr0@PAATLAW. COM JAMCf A. MILLCg, EgqulgC WCOt PAATLAW.COM GNAUN E, 01TOOLC. EDOul"C, LLM CHADWICK Q. 1300Aq, rROU'Re 9&ft ,(I HONONAgLC WILLIAM W. LIP51", Ra11Rd Dwphln Covnry Covrl a/Common plea: Saturday. April 19, 2003 VIA FACSIMILE & REGULAR MAIL (717) 533-2795 John J Connelly Jr Esq James Smith Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 Re: DiMartile Dear John: 1 appreciate your cooperation in extending the deadline for the pretrial statements. Enclosed please find our income/expense statement, inventory statement and pretrial statement. I haven't received your documents yet. You're under the same procedural requirement as we are. Please advise when I will receive your statements. 1 expect and am hopeful that they are simply crossing in the mail since you knew that they were due as well on Monday, the 21". In the meanwhile, I understand our clients have again talked and resolved the economic matters. The breakdown on distribution is that John will keep the marital residence and indemnify Karen on the equity line. He will also keep his vehicle and the life insurance policy/annuity. Personal property I'm sure can be divided reasonably between Karen and John. Karen will keep her employment assets and her leased vehicle, I'm enclosing a draft settlement agreement reflecting these terms (not in facsimile but in regular mail). Additionally. I'm enclosing copies of those documents in my possession that you requested in your March 31. 2003, letter. I, past 5 years tax returns 2. current paystub to be supplemented if necessary (number 3 below, should satisfy your request) 3. 2002 year end income statement attached 4. annual statements from 1999 to present to be supplemented upon receipt of same 5. copies of all attached (bonds not included in facsimile but in regular mail) HAq RIOluggl TCLCI HONG 171 71 235.51 G 1 • FACgIMILI, 17171 236.8747 04/21/2003 09:01 7177375355 JAMESMILLER PAGE 04 J1C, Esq. 5'aturakry, Apt-it 19, 2003 rr; .DiMartlle With regard to your October 25, 2000, letter, 1 enclose: 1. copies of 401(k) Savings statement attached for April 7, 2003 showing $139788.87 and for November 9, 2000 showing S162656.64 2. copies of Nationwide annuity 2002 year end statement showing $24238.24 and for January 4, 2000 showing $33835.44 3. copies of cancelled checks evidencing the CD distribution concern 4. the life insurance information is contained in our inventory statement and I trust this satisfies your concern in this regard: you can confer and confirm with your client as to the veracity Additional comments: 1. With regard to the residence and strictly for and limited to the purpose of negotiation, we will agree to your March 2003 figures. Did you obtain the market analysis identified in your October 25, 2000 letter and if so, will you provide me with a copy at your earliest convenience? 2. With regard to your client's Allstate annuity, kindly provide it current statement, 3. The date of separation as suggested in your March 2003 letter is acceptable. I look forward to you receiving this letter and documents and contacting me thereafter with your response. Sincerely, / James A,* Miller JAM/ads encl6sures cc: E. Robert Elicker.1I. Esq via fax w/ copies of Defendant's Pretrial, Inventory, lncome/Expense statements Karen DiMartile w/ copies J HP LaserJet 3330 ?OIP? HP LASERJET 3330 I It v e n t Apr-21.2003 09:51 Fax Call Report Job Date Time Type Identification Duration Pages Result 104 4/21/2003 09:50:44 Receive 7177375355 1:10 4 OK 04,21/x003 69:61 nmlvx JA'CSNILL[P PN at MILLER LIPSITT LLC 3167 MMSSt STRER. CAMP HIV. FA 13011. (1171737 6100 YAK. 1113)731 SM 3.W RAA Nlteea.L'OVIaL [MNLINI0111611AW. SHAVN LO'I004, 000111LLLM CO IaarylwtO4 C."OWICLO OO MEWIR Cmvd IIONOMOLLN7WhN W.YryrlT,nnM M Vf11W m4T'nIVITdn1NM1.V IV;1 Ui. Tea: JJC2nf.6AyJR ESO From' JanesAMOor Fast: _ }40'1970 Pages' Pheasant '??_ Data' SaUVLati Dtf1YZDOB-` Ras DuMenle COI EA?.{ef I/!f? Oumerlt OFear Review OPbnecommeet OPleue Yeply Alewedn ?? 1 eopiaalpnWa, rcan?n.Paur,Iw«wy x tOpea deWmAlO LanOY 00vrTenb reWeetp Thu I prole enmms dc.hie.16694,69 CONFIDENTIAL INFORMATION which may also bo LEGALLY FRIVILEGED and which is 'n1co ld only for the use of the rempient(s) earned above. If you are mt the mtm led tmtpfmt or the employee or agent respomiblc for delivenng it to the hicruld rtnpient you We hereby noI'6W that any diaemimtien or mp.in6 of Cis r..i.de, s .alalYpmhbi Dyou M1ae r this communioauon in error, plmc no us by telephone .all collmt W (71 (]IT) 737-6100 and d r 40 earm Ne 2nymi 04,169116 lea us at the alone ut Wdmsa by mail withoutraillin{my mpio. Than4 you. x_ ORl01NALCORRESPONMENCE WILL BE FORWARDED BY MAIL. _ORIONALCORRESPONDENCEWILLbOIBEFORWARDEDBYNUB- Hav'Iburc PIT 314516E llnimile11Hll16d"1 f l J / Y.J.. iT LLC IAIYI[T OT[[[T • O.M. NIL4 IA 1'!011 - 1 111 727.6400 y John M DiMartile, Plaintiff V. Karen V. DiMartile, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania No.: 99-7552 Civil Civil Action - Law In Divorce Plaintiffs PRETRIAL STATEMENT PURSUANT TO Pa.R.C.P 1920.33(b) Date of Marriage: April 3, 1986 Date of Separation: December 17, 1999 1 daughter born of the marriage 1. See Defendant's Inventory simultaneously filed. 2. At the present time, Wife does not intend to call any expert witnesses to testify on her behalf. Wife however reserves the right to supplement this response in the event Husband will not stipulate to values. 3. At the present time, Wife has not selected her witnesses and reserves the right the supplement this response. 4. Exhibits a. past 5 years joint tax returns b. Wife's current paystub to be supplemented c. Wife's 2002 year end income statement attached d. annual intangible assets account statements from 1999 to present to be supplemented upon receipt of same e. copies of Wife's US savings bonds not attached (intended for daughter's education) f. copies of Wife's 401(k) Savings statement attached for April 7, 2003 showing $139788.87 and for November 9, 2000 showing $162656.64 g. copies of Nationwide annuity 2002 year end statement showing $24238.24 and for January 4, 2000 showing $33835.44 % f h. copies of cancelled checks evidencing the CD distribution i. life insurance information contained in inventory statement j. Each is self-described and attached thereto intending to be introduced at trial. 5. Wife has filed her Income and Expense statement to this term and docket. 6. Wife has filed her Income and Expense statement to this term and docket. 7. See Defendant's Inventory Statement filed to this term and docket. 8. None. 9. Disputes are presently unknown, if any. 10.Wife has submitted an account of the debt on her Inventory Statement filed to this term and docket. 11.Granting the divorce pursuant to section 3301(c) with an economic resolution as identified in April 19, 2003, letter to Husband's counsel. Respectfully submitted, Miller Lipsitt LLC (/(1-- James A. Wier, Esquire 2157 Mar t Street Camp , Pennsylvania 17011 (71.7- 37-6400 John M DiMartile, In the Court of Common Pleas Plaintiff Cumberland County, Pennsylvania V. No.: 99.7552 Civil Karen V. DiMartile, Civil Action - Law Defendant In Divorce CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby certify that I have served a copy of the foregoing Motion for Appointment of Master upon the following person(s) in the manner and on the date indicated below: DEPOSITED IN UNITED STATES FIRST CLASS MAIL& FACSIMILE: Date: Saturday, April 19, 2003 John J Connelly Jr Esq James Smith Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 Miller Lipsitt LLC James A. Mille 2157 Marke ti Camp Hill; Penr (717) 737-6400 17011 i1 Depa-nent atM Tros_r - I=Ima: P. 'enx serv,:e Label lp Fas:Njr MI I.S. NaM leK^> John M DiMartile, Mr. Use the v a JCT..Reun, 5pause's 'Al tan Name IRS label. Karen V DiMartile, Mrs Otherwise, K/nu A'.`:eSa Qaxrer ai: -^-r;. I: lw w.e a P.O. 60.. See mo-u.'l,ans. Apanmem m. please print or type. 1019 Dogwood Lane Cnr. Ter n n Pons 01,m it Y W w.v a Fong,, Assess. See In:sulom. stale 21P code Presidential lEnola PA 17025-2041 ................................................ Campaign on n Do you want $3 to go to this fund? ...... P?9 (see ns+ucua+s•) If a ininl return- does vaur spouse want 53 to ao to this fund? ............................. Filing Status Check only one box. Nair. CM fC1 Nate: Ched /urge yw ie? edge 1 I I Single 2 !n Married filing joint return (even if only one had income) 3 L J Married riling sepwale return. Enter spouse's SSN above & full name here ... 4 11 Head of household (with qualifying person). (See instructions.) If the qualifying person is a child but not your dependent, enter this child's name here ... Exemptions If more than six dependents, see instructions. Income Attach Copy B of yyourFonns W2, W2G, and 1099•R here. If you did not yet a W2, see instructions. Enclose, but do not staple, any payment. Also, please use Form .1040•V. Adjusted Gross Income if line 33 is under $30,095 (under $10,030 if a child did not live withyou), see EIC In the instructions. SAA For Disclos 6a 'LX? Yourself. If your parent (or someone else) can claim you as a dependent on his or xo. orbmn her tax return, do not check box 6a ....................................... 6a ad M? .,,.? h 7x snouse .......................................................................... Na. ofvou c Dependents: CI) First name Last name (2) Dependuent's social secrity number Dependent's gel ationship to you (4) a e`NC Iwh?o: on qua,=d:w • need IReddase?e wehyou IKbUC=) ?ydriot Jamie M DiMartile 190-70-9305 Dau hter X ? K o a i f ro t eIre ed aban ... Add numbs d Total 7 Wages, salaries, tips, etc. Attach Form(s) W2 ......................................... 8a Taxable interest. Attach Schedule B if required ......................................... b Tax-exempt interest. Do not include on line 8a .............I 8bi 9 Ordinary dividends. Attach Schedule B if required ...................................... 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions)..... 11 Alimony received ..................................................................... 12 Business income or Ooss). Attach Schedule C or C•EZ .................................. 13 Capital gain or (loss). Attach Schedule D ............................................... 14 Other gains or Oosses). Attach Form 4797 ............................................. 15a Total IRA distributions ..... 15a to Taxable amount (see insbs) .. 16a Total pensions & annuities . 16a b Taxable amount (see instrs) .. 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . 18 Farm income or (loss). Attach Schedule F .............................................. 19 Unemployment compensation ......................................................... 20a Serial security bereft ...... L20al 1 b Taxable amount (see instrs) .. 21 Oder imoM List type d acount - see insirs ,or ........................... ?. 24 Student loan interest deduction (see instructions) ........... 24 2S Medical savings account deduction. Attach Form 8853 ..... 25 26 Moving expenses. Attach Form 3903 ....................... 26 27 One-half of self-employment tax. Attach Schedule SE ....... 27 28 Self-employed health insurance deduction (see instructions) . 28 29 Keogh and self-employed SEP and SIMPLE plans .......... 29 30 Penalty on early withdrawal of savings ..................... 30 31 a Wi vilt ptid. b Recipients SSN ... .... 31 a 32 Md lines 23 through 313 ................................................................... 33 Subtract line 32 from line 22. This is vour adiusted dross income ..................... li- Privacy Act, and Paperwork Reduction Act Notice, see N,mlGer 174-56-3730 A Important! A You must enter your social security number(s) above. :o Form 1040 (1998) FDIAD112 I IN2193 r....,, anon nagga 7nhn m ni Martiln_ Mr_ 14 raren V niMartile. Mrs 182-52-6076 Pace2 d 34 Amount from line 33 (adjusted gross income) .......................................... -T 34 75.368. ax an Credits 35a Check if: J You were 65folder, ? Blind; ? Spouse was 65/older, ? Blind. Add the number of boxes checked above and enter the total here ............ 356 Standard b If you are married filing separately and your spouse itemizes deductions t h k h 35 b ? l i d ere ............. nstruc ions an c ec or you were a dua -status alien, see for Most 36 Enter the larger of your itemized deductions from Schedule A. line 28, Or d d ar People standard deduction shown on the left. But see instructions to Find your stan deduction if you checked any box on line 35a or 35b or if someone can claim le: you as a dependent ................................................................... Sin 36 11.099. g - 64 269 54,250 37 Subtract line 36 from line 34 .......................................................... 37 . . Head of 38 II lip 34 is $93,400 a lees, nu"fioy 2.700 by the total number of exemptions claimed on line lid. If line 34 household: is err $93,400, see L`e workshe;. In Ve instructions 101 the amount to enter ............................ 38 8,100. $6,250 39 Taxable income. Subtract line 38 from line 37. If line 38 is more than line 37, enter -0• ... 39 56,169. i d fili M 40 Tax. See instructions. Check if any tax froma ? Form(s) 83 14 6 ? Form 4972 ..... - 40 10.224. arr e ng jointly or 41 Credit for child and dependent we eipmses. Attach Form 2441 .......... 41 Ouallfying 42 Credit for the dd--Iy u Cie d,stSled. Artach Schedule R ................ 42 widow(er): 100 $7 ,. ) .......................... 43 Child tax credit (see instructions 43 400. , 44 Education credits. Attach Form 8363 ....................... 44 Married filing 45 Adoption credit. Attach Form S939 ......................... 45 %Otely: s3 46 Foreign tax credit. Attach Form 1116 if required ............. 46 47 Other. Check if from ... a ? Form 3800 6 ? Form 8396 P e ? Form 8801 d I ; Form (specify) 47 48 Add lines 41 threu. 47. These are your total credits .................. ...... ...................... 48 400, 49 Subtract line 48 from line 40. If line 48 is more than line 40, enter .0 .................. 49 9.824. 50 Self-employment tax. Attach Schedule SE ............................................. Oth 50 er Taxes 51 Alternative minimum tax. Attach Form 6251 ............................................ 51 52 Social security and Madicare tax om tip income not reported to employer. Attach Form 4137 .................. 52 53 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 if required ............ 53 54 Advance earned income credit payments from Form(s) W-2 ............................. 54 55 Household employment taxes. Attach Schedule H ....................................... 55 56 Add lines 49-55. This is our total tax ....................................................... 11? 56 9.824. ments 57 Federal income tax withheld from Forms W-2 and 1099 ..... Pa 57 9.041. y 58 1998 estimoted to rsynents and amount applied from 1997 return ........ 58 59a Earned income uediL Attach Schedule EIC it you have a qualifying child. b Nontaxable earned income: amount . 1` Attach Forms and type _ - ------- 59a _ _ _ - W and W-2G 3912 ............... 60 Additional child tax credit. Attach Form 1 60 to page . Also attach 61 Amount paid with Form 4864 (request for extension) ........ 61 Form 1099-11 62 Excess social security and RRTA tax withheld (see instrs) ... if t 62 ax was withheld. 63 Other payments. Check if from ..... a E] Form 2439 b ? Form 4136 .......................................... 63 64 Add lines 57, 58, 59a, and 60 through G3. These are your total payments ........................................... ...... ................... ? 64 9.041. Refund 65 If line 6: is more Wn lire 56, sub;r3d fine 56 from line 64. This is the amount you Overpaid ............... 65 Have it directly 66a Amount of line 65 you want Refunded to You ........................................ ? 66a deposited! See . b Routing number ........ c Type: ? Checking ? Savings instructions and fill in 66b, 66e, - of Account number ....... and 66d. 67 Amount of line 65 you wart Applied to Your 1999 Estimated Tax ....... 1"67 Amount 68 If line 56 is more than line 64, subtract line 64 from line 56. This is the Amount You You Owe Owe. For details on how to pay, see instructions ..................................... li? 68 783. 69 Estimated tax penalty. Also include on line 63 .. 1 69 1 t pomxPi s of perWy.I deCare eo:1 tore examined exs ream and aaonganynq sUxoules and sale nts, one to die best of my limicope and Sign tklrf, r<y are i . cones. ana car ro;e. be.waba, of prepwa (corer tnsn rmpaxn) K based on all infomobon of whirlr ofeparet bas My lam $edpe. Here Y. Sytsbxe bale Y. Oees Ia Onlime Tekph Joint return? I I Na r (opborug See instructions. I / Construction Keepa copy spause'S 5,QUmre. V anc .. laoav_s•. S,an. Die spar<5 uccupaim foryotarecords. i• insurance Paid roa ers s,WVe Preparer's Fm's UiS. Use Only (s axe Y e. :elr<rraarrc, anC Fmess Folapn2 a1 IMS Form 1 040 (1998) Label (See L instructions A on page 18.) E Use tile IRS L label. H Otherwise, E please print R or type. Presidential '-- Election Campaign Oeparsment or the Treasury-Ir,:emal Ravenue Sor '¢o a U.S. Individual Income Tax Return =? (P) IRS Use 0hr-De not wme or sudein this space. ' For -,me year Jan. t-Dec. 31. 1???, cr ahem tea year beginning , 1999, ending OMB No. 1545.0074 Your :rst name Bra r.t1w I Last name Your social security number C a ;em: re:pm, spouses cr..e xbc cc.:at I Last name Spouse's social security number Horne aoeress m=ace: ace svee:r It t.u na.e a P.D. box. See :age 18. I Apt. no. O IMPORTANTI, S You must enter Cry. lawn or post cr..[e. sure. an, Zia ;ace. It you nave a foreign anarmss, see page 18. ` your SSN(s) above. Yes No Note. Crooking '.Yes, will rot Filing Status z 3 Check only 4 one box. Exemptions 6a b O Spouse J Spouse . c Dependents: (1) Firs: rams (2) Dependent's ", °`"`„"",••. sxlal ssuriry number : • • relationship to. If more than six dependents, see page 19. d Total nemlwr of ex°mnlinns claimed 7 tips, etc. A-,:ach Fom(s).W-2. Wages salaries ` 1 '•-7 ' - Zl VS Income 8a , , Taxable interest Ana= Schedule B if required So". ?1'1'1 1 1 ' Att h b DO NOT include on line 8a Tax-exempt interest Bb ac Copy B of your 9 . - . Ordinary dividends. At:a" Schedule B if required 9 Forms W-2 and 10 or cN.sets of state and local Income taxes (see Pn9a 21) Taxable refunds credits •.:: ' 10- here. Also attach 11 , , Alimony received ;: .... 11. Fam(s) 1099-R 12. Business income or (oss)..An3ch Schedule C or C-EZ '. 12.' -' if tax was 13. Capital gain or (loss). Attach Schedule D if required. If not required, check here W. ?:]] • ' 13• withheld. 14 Other gains or (:esses). Attach Farm 4797. .. ". •.14. '--e If you did not 15a Total IRA distributions . 115= b Taxable amount (see'. 22). 15b' W-2, s 16a Tc:ai pensia4 and a_rJas ilia I 1 b Taxable amount (seepage 22)'- 16b ee page 20. 17 Rental real estate, royalties, partnerships, S corporations, _ trusts, etc. Attach Schbdule E; .17 Enclose, but do 18 Farm income or (loss). Attach Schedule F . . . . . . . . not staple, any 19 Unemployment compensation 19 ?--+ payment. Also, . 20a SOc2I sacrum beaelits 120a I ' I I 1 b Taxable amount see ge" 4 ( P 9° ) ` 206 please use Farm 1040-11. 21 Other income. Lis: type and amount (see page 24) ...... . . ...............................' 21 -- 22 Add the amounts in the!arrigh! cclumn for lines 7 through 21:This is your total income. 22 T47. tot 23• ]FLA deduction (see page 26) . . ... . . . 22 J Adjusted Gross Income 24 25 26 Student loan interest deduction (seepage 26). tvtedical savings account deduction. Attach Form 8853. Moving expenses. Attach Form 3903 . 24 "r 25 bkyA ri,^.; ' 27 . . . . . One-ha!! a! self-employment tax. Attach Schedule SE 27 } 28 29 Self-employed health insurance deduction (see page 28) Keogh and sel!•emp!o7ed SEP and SIMPLE plans 28 29 30 silo Penalty on early v.::horawal of savings . , AIi-lcny paid bP.aci_'a SSN? 30 31a 32 Add lines 23 through 31.. . . . . . . . . . . . . 32. ' 33 Subtract line 32 from line 22. Tnis is your adjusted gross in come . ? 33 6OS•,7• !S'I Do you want S3 to go to It.!s fund? . change your lax'or " If a joint return, does your spouse want S3 :0 go 10 this fund? . reduce your refund:. Single X Married filing joint ie!urn (even if only one had income): - - ' ' !•a'ries f:.ny sepsa:e:x:urc. Enter spouse's social security no: above and full name here; ? Head'of household (with qualifying person). (See page 1B.) If the qualifying person is a child but not yourdependent, enter this child's name here. ? ' -?. Qualifying widoMer) with dependent child (year spouse died >.19 •). (See page 18.)' "•r :: ". Yourself. I! your p:Jenl (or someone else) can claim you as a dependent on his or her tail +.no of bales % checked on retum, do not check box 63. I} - - - - - - - fin snd 6b.> •-, No: of your,: ."Fhlldren,an Be .'. ?'• Ilre0 w11E yGo ;• ?i'?'dldael lift rllM1' . ou dugto dt orte:•. pr tepnraifon' ?;'Oependedfi'a'n'6c; O •; $ot etaered =bore _?. "Ilnn abase%?:•; ?;?'• For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 54. Cat. No. 12599G Form 1040 (1999) Form 1040 (1999) ' Page Z Tax and , 34 : Amount from line 33 (adjusted gross income) , , , , , , , 134 TA 51A7- 81 Credits 35a Check it. ? You were 65 or older, ? Blind; ? Spouse was 65 or older, ? Blind. "'Add the number of boxes checked above and enter the total here . . . . ? 35a 0 • b It you are married filing separately and your spouse itemizes deductions or • ' Standard '•- you were a dual-status alien, see pace 30 and check here . . . . . . ? 35b ? :. ' Deduction 36 Enter your itemized deductions from Schedule A. line 28. OR standard deduction _ •. for Most P l -shown on the left. But see page 30 to find your standard deduction it you checked any • O?xl I S1 eop e box an line 35a or 35b or if someone can claim you as a dependent 36 t Single: S4 300 37 "Subtract fino 36 from line 34 37 'TAR ('Jo , . Head of - 38 If line 34 is $94,975 or less, multiply 52,750 by the total number of exemptions elaimetl on •' \I household: ' fine 6d.; If.line 34 is over 590,975, see the worksheet on page 31 for the amount to error . 99 ? • 56.350 39- I .Taxable Income. Subtract line 38 from line 37. If line 38 is more than line 37, enter -0- 'I' • " - 39 • . Marded filing 'jointly or g • ag ' X40.' ,Tax'(see• pe 31). Check it anp ;ax is from a C3 Form(s) 8814 b ? Form =972 1. 40 1 1519 - Ouabrying '41 Credit far child and dependent care expenses. Attach Form 2441 41 1 1 '. , widow(eq: 57,200 '42'.i'-. Credi('fodthe elderly or the disabled. Attach Schedule R, 42 -.. ..., ir.:? Married 43.:= Child tax credit (see page 33) . . . . . . . . . . 143 I S? I - . :;.: r I filing 4;ucatiari credits. Attach Form 8853 44 I ".i K,, • ' S3tely, .45 ' Adoption credit Attach Form 8639 . . . . . . 45 46 .;,.Foreign tazcredR. Attach Form, 1110 if required 48 ?' ( '=•r '47r`iO1hei..C!ieck if from a ? Form 3600 b ? Form 8390 . , ? I • : • e? Fom) 8801 of ? Form (specify) 47 :48 7i Add lines 41 through 47. These are your total credits * - 00 6 i49 +Subtract line 48 from line 40. If line 48 is more than line 40, enter -0- ( 49 _ t18t1 Other sD self-employme t.tax. Attach Schedule SE . . . . . . . . . . 50 __ Taxes St + ' Alternative: minimum tax, AC3ch Form 6251 '. 51 52 ``?-`.Social se?uiity and Medicare tax on tip income not repo lad to employer. Attach Form :137 X - 52 53??Tax:c f IRAs, other retirement plans, and MSAs. Attach Fom 5329 if required . . . 53 • ,54, ;;Advance;gamed income credit payments from Fomn(s) W-2 . . . . ° 54 :55' ;diousehold employment taxes. Attach Schedule H. . . . ' • 555 I ? S6{: :Ar1d:Gnes 49through 55. This is your total tax. ? l 56 Payments STt p,Federdl income tax withheld from Forms W-2 and 1099 57 . l64 art-5 , ;58; 1999 estimated tax payments and amount applied from 1998 (alum , 58 59a 3,F?med income credit Attach Sch. EIC 9 you have a qualihyin child •f >.+ b;yNOntaxable eam(ed income: amo:an ? I I I j?^': ...... and: ....................................... ........... I 59a : :.•:." 'Adliitional'child tax credit. Attach Form 8812 60 ' 61 :: Amounl'pafd with request for extension to file (see page 48) 61 I . X62° z :Excess social security and RRTA tax withheld (see page 48) 62 • _ ;63 °Other payments. Check if from a El Form 2439 b El Yon 4136 ' 63 I - I - 64 ,- dd lines 57, 58, 59a, and 60 'through 63. These are your total payme nts . ? 1 64 l0 Et3 Ek ' Refund 65: ;mine 64 is more than line 56, subtract line 56 from line 64. This is the amount you OVERPAID '65 Have it ;66a_ Amount of line 65 you want REFUNDED TO YOU. .. ? 65a I directly • deposited! P. b Routinq number I I I ?? ? c T See page 48 Ype1?Checkinq f,]Savings •,'? and fill in 66b, ?:. d • Account ntimber I l I I I I I I I ' '4t - .- 66c, and 66d. 67 :::Arnount of line 65 you rranl APPLIED TO YOUR 2000 ESTII4Ali0 TAX P.- 67 I Amount 68;:4.-1 line_55 is more than line 64, subtract line 64 Iron line 56. This is the AMOUNT YOU OWE. L OOS It You Owe' For data is onhow to pay, see page 49 . . . . . • ? , 68 , 69._.Estimated tex penalty: Also include on line 68 , 169 1 1 1? 4: "•'- "•' Sign Under peruaies of Perjury. I declare Itit I tave examined iris return and accorn my kapWled to Me best of belief. they are true, correct, and comolela schedules b DeclaWitin of preparer (other man IEx a r) i v x Here . p yc s ased on all nfonna ion of hich pr parer has any kne ledge. Joint return? Date l Your occupation Your ? Daytime telephone See page 18. Keep a copy I , 0 1V I l numo_. (oouorian ('11'1 (Stilo ?r'fS19 for your ouse , eir• wre. If a joint relum. BOTri must sign. Date Spouses occupation records. I I rl. , Paid Preower's Date re ? I signatu I Check d repo:c's SSti or PTIN Preparer's ?e•.e playa n Use Only Fimi s name yours ` I it self•empiaye-,and 41 EIN I pdd•en Fonn 1040 lim) 4 himveoc r•cr:•e: pacer • O40 O+panmen: of the beasurr hhftmal Revenue Service '2IU,I ?L? ? - U.S:. individual Income Taz Return QO r.:,.•. nl IRS UU Only-po or KS ?; =i Fcr :he year an. 1,,,. _;, 'MO. Of Diner t not wm. tow, i,&i at Year begiming. Label CE'ONOA namur. ,.,., , 2000. ending , 201 OMB,Nma545:0e74 (See Your social secuny number insmacrs lbt :?> y11pb on page 1c) Souse's Use the IRS S2815 facial seeudynumber ! p t us ? ?11?SO ] label. N M & KAREN V DIMARTILE Otherwise, R „ y.. e- Please print 9 DOGWOOD LN "`.?c•.?-Im ort'i3n[!Ci or type. LP S A 17025-2041 enlial You•musfenter El !^!l tit a _ your SSN() abovet"'ti Election Campaign 'Note. Check ng _ryes- Hill not change your tax Or reduce (See PaOe 74.1. - yout.refundr aY •,,; Yo4 r -.r', ?..Sp0u50 "ip' Do you, or your socuse d filing a lomt return, want:531o`go to this fundT^ ` - ' _. i " 1 ?Yes Not ?`Ye' N Filing Status _ Single :. - +.;•.::...f,r?,-. r s hlamed, ding lomt.retum (even ironly.one had Incomel. Check Only 4:: one box. Sr,•: Exemptions It more than six dependents, see page 20. 'i rf_:T 110 1 ... _.••• •,°•„•? rxempoons claimed, ' ? enleied on ;`?' '+e• v -.. ??$_'I."wa wnei a : i IInCi-fbpv[):`?J.: Income 7 Wagessa ones h s eto Attach Fo m(s) W 2i' r rtiw t Y f; P ?LS 11, &i.ti aTxable Interest Attach Schedule B tl required ty, 1z r rr rt` a 1 r•`..• 7 Attach r; t]:.Taz-exemPtmterest. Do not includeo1 .l(ne?8a14?°'?'°`% - "'`-•'"' so Forms •' yyq - • W-2 and g T• ,?,°R'7 8h • ' W-2(3 here -Ordinary tlividends-A'fach Schedule 6diequued Pf Gi}F rw r;,ko^,a:r6 ,•:c' 1 yr. 9?: _ Also attach > 10 : Taxable refunds creits, oroffsets. or state and?fd"cal i toe,fa`xes see a9e 22?ij 1s f•10'. Farm(s) 1099 R .11 '.411marty reserved - , Y ?. ^ air `t h n r"r1f P y) su if tax was 12 : Business Income or (loss). withheld. Attach Schedule C'or C Q ° ; , `fi'r rtr-,v ?n 11D ' 11.: -- 73 ;• Cap gain Irl Oil Attach Schedule D rf requvetll If not regwred•Gteekhere'??. ? 79:; 14 `. Other,gamsor (losses) Attach Form•47g7 + a : - em -rk r7 15a__"TotLIRA ystnhlthons 15a `•'{"`• - - ,.y?dF_,r-t ?'?l .+I "? •14;: _ I [a W-2, see page 21. •?_iBa-;=TOWl pemioiii-arA amuP,;es'd 18o bTax'ableamouitt??e"e:page,23),_:15b• _ (. Rental real estate ro b 7axabfe'am`?unt (see'pa'ge 23),( ,16b: ?. Enclose, but do - 18- ; ?F?rm incline or (loss gittach ScheduleSFS corpom08ns .....sift etc' ?ryap4.Schedule E 17 not attach, any payment. Alf 19 l.; unemployment compensation l -?? "gyp 41 , 18 • _ Please use 20a - Soc,alsettirfry ber I s .' .205 I " t,'?* ,79 •. From 1040-V. ,.21'=-:OtheFuicbrne. List--- ~••i i-b_Taxable;amounC(see'pbge2S7;+ 20b: _ tYpe ahd amount (see page`25) 22 Add theamountsm he farri ght columnfor Gnes 7lhrou ti21 Thisis .ourtotalmeorno?_ X21- q y :-22. 23 8? 3119 ?? dMUdion (see page27) *,tia i 23.: Adjusted 24 3tuderit loan?interest Gross deduction see Pa e 2-, " ? 9 ' f;;7;' '24i••' ...? 25;; jMe?cal savings.account;. uc_tiori: Atf3ch, Fliirri BBE.3:' •25' Income -...:` .... ...., . •'26=-,Movirig,ezpenieS-Attach Fortis 39031'+ One-half of self•emp.0. L ent lax Attach Schedule SE 27`r 28 §elf empfoyetl health lnsdrance deduction (see page 29)f,:,,' 28--- IPA :..Self-employed SEP; SPLE; Zi6d uatieeC plan;.;;:r':'.';:;; 291- 30,.f Periallyoli early-withdrawal of savings ,_,-.' 30'•• Y PaId,`.•,b Axlplents SSN ?..,?_ 31a / 32 •Add hnes,20through 31a ?= ' 39 Subtract bne32 Iron Ilne 22..This is your adjusted gross Incamer' t f 32 St 2 For Dirselosure Pnvary Act, and Paperwork Reduction Act Notice, sec pa'Oe 50:: ••.: ' 33 TA -"A % Cot: No: ila_2aBForm ?040•p enter this childs name he-re i ?: cualiying tvidow(er) Mth depen raelf: if j our parent (or someoric ;,reNrr4 Eo riot check-lion; use .;='?i4.'` .s ruts:. ,,.? - + f e Farm 540 Tax and Credits Standard Deduction for Most People Single: S4,4C0 Head of household: S6,.50 Married filing jointly or oualifyrig widomerr 57,250 Mamec filing Separately: 53,675 Other Taxes 34 Amount from :he 33 (aoj:.stec gross income) 35a Check : 1-1 You % e:e 65 or oloer, ? Blind; ? Spouse was 65 or older, .? Blind. Acd the hum=e,' of eyes checked above and enter the total here , , ? 35, [ b If you are M=,az :ding sep:vaiel• and your spouse itemizes deductions, or you were a cua s:a:cs alien, see pace 31 and check here . ? 35b ? 36 :titer ;,our itemized deductions from Schedule A, line 28, or standard deduction shown on :rte le`. But see aa;e 31 to find your standard deduction if you checked any box on 1 fine 35a or 3-- or.f someone can claim you as a dependent 37 Sucuac fire 36 :rcm Inhe 3. . . . . . . . . . . . . . . . . . . . 38 If line 34 is SES.=:r less, multiply 52.300 by the total number of exemptions claimed On line 6d. I; I;re 34 :s over S?6,:00, see the worksheet on page 32 for the amount to enter , 39 Taxable income. Sucuac: line 38 from line 37. It line 38 is more than line 37, enter -0. i 40 Tax (see pave 331. Cos:k d zny tax is from a ? Form(s) 8814 b ? Form 4972 , 41 Alternative minimu,^ :ax. Attach Form 6251 , , , , , 1! 42 Add lines a0 Sri= 4; , . . . . . . . . 0. 43 Foreign tax CteCi:. Attach Form 1115 if required . . , , W49 44 Creat far c-!c arc zezenoen: care expenses. Attach Form 2441 45 Crecit for elcedy 0.:rte disabled. Attach Schedule R , , 46 Education Bred: s. A.baen Form 8663 . . . . . . . . 47 Child :ax e: eca (see :age 36) , , , , . , , . _ 48 Adoption Fo :m 883949 Cther. Check if from a G Form 3800 b ? Form 8396 d? Farm 8501 d 11 Form (specify) 50 Add lines 43 through 49. These are your total credits 51 Subtract line 50 fron line 42. If line 50 is more than tine en anror_n_ 52 53 54 55 56 Payments 56 59 ' it ycu have a 60a j Guafilyu;g - '. cndtl, ahach b Schedule EIC. 61 62 63 64 Self-employmer.::ax. Attach Schedule BE - S0631 secu:y and Medicare :ax on tip income not reported to employer. Attach Fohn 4137 Tax on IRAs, cmer retirement plans, and IASAs. Attach Form 5329 if required , Advance earned intone credit payments from Form(s) W-2 . Household employment :axes. Attach Schedule H Add lines 5; trough 56. This is your total tax Federal income :ax withheld from Forms W-2 and 1099 , , 56 ll Oq1 2000 estimated :ax p2,mea:s aid amount applied from 1999 return 59 -? Earned income credit (EIC) , . Non:exahle ea.-ec acane: Taunt ? , and type ? ........... Excess social secudn• and RRTA :ax withheld (see page 50) E j Additional child :3x credi:. Ahach Form 6812 . Amount paid wish request for extension to file (see page 50) , 63 Other paynems. Check ,f !tom a ? Fom 2439 b ? Form 4136 Add lines 58, 59, 60a, and 61 through 64. These are vour total navrnnnte Refund 66 If line 65 is mere :han line 57, subtract line 57 from line 65. This is the amount '. you overpaid, Have it 67a Amount Of lire E6 vcu want refunded to you , , , , , directly J. r. Seepag150 A- h flowing number I I I I I I I I ?eType:?Checking ??- Savfags., page and fill in 67b, P, d Account number 1 l ( I I I I I 67c. and 67d. 68 AmOtlPt:1 line EE eou •...a n,nbeii I. nrn...-..__._. _ , __ , . Amount You Owe 69 If line 5; is more :han line 65, subtract line 65 from line 57. Thfs is the amount you owe:'` ?-For details on how :o pay, see page 51 , • , , . 0;. +69: 70 Estimated :ax :enal:y. Also include on line 69 lOE?v1 tts , rnSO3 0l. E4oo - . V6106 V U Nr1 S J tu4gr i Sim 1t?riS i tl oxil 07 t 433.3 ?' Un a Ae alt es of P y 1 70 1 I Sign r e a I nave examinee this return and accompanying scnedules and statements. and to the best of my knowh Here nelier, ;nay are hurt, cont.., ana......... Decawuon Of prepare' (other than taxpayer) is postal on all i11101mati0n of which Pieparer has any III, Joint return? Your s wwr. Date Vour occupation Daytime phone number Sze page 19 . :S.se :oy Keep a Cs a,nmu•r :: nom mua v n. 'Date roc your 9 i Spouso's occupation May Inc I9S discuss tlu return nn Vie peps Keep records. shovm bebw het page St17 ? Yes Paid Date s:ge Check it Preparer's SSN ar PTIN Preparerts self-employed Fuame Im Use Only vows d sell•emPloyedl,' EIN a:cress. and ZIP ax Form* ( 7 •Dapartment of the Treasury-Internal nevenu a Service. 001tr> ms Use a H-oa he 5 ` US. Individual Income Tax Return G 11 `.? 0?® i For re yes Jan. t-Dee. 31.a =4-a ter xpnn•+p . eu or+u NO. LaaP•wr+ Label You: fs name and i « Las: name Your social security number 15? L Sdm N. I ?.Kefttl[ lL? Sx botib indWcliond 9 Y. a join::e:um, s7=use's !.'^ r..-.e a'. Ir..; Last name Spouse's social security number on page 19J, a lCartr `?. I •'ItC t'1V .Stn p 3'130 L Use the IRS label. . M Home aedress lnumoe: a-._ s. tag. 1:107 .-.Pre a P.O. oox, see page 19. Apt. no. '..' Important! Otherwise, a l0 t 4-Qo woo b l.a^c. 19. You must enter - please print . R Ciy, [av:n a Pcs: ot5:e, sm-.e, a^c _Ip ace. It y:u have a foreign address, see page or type. G:`your SSN(s) above. ' 6e.o l^ . 4>A 1gOd•5, 'You.- Spouse presidential Elebfjon paign N ote. Checking.7Yes- will not change your tax or reduce your refund.. ISee page 191Cam' Do you `or your spouse if riling 2 joint return; want S3 to go to this fund? -1::. c.. :?: ?Xe's•? No ?Yes ? No Y- P1. tSingle Filing Status Married filing join: retum,(even ifonly one had income) 3 ahlamed [hdlg Septa are um ..rater spouse's so ial security no above i ndiull name'here,? Check only 4 'Head olhousehold(wnh quahtymg person).(See page l9)Ilthe qua)ifyingperson'i'saehild but notyouiilependent, one box. -enter this ltuld's name'fiere. t:: ;PV." Oual' iii j widow(er) with dependent child (year Spouse died')-, .? (See page 19.)- Gal ?j Youit; lM-ff.your parent (or someone else) can claim you as a dependent on hls-oi her fax No: et.6aves i ` . Exemptions _° =_•±=y= ^7etum do not check box 6a... c hacked an .. r. 6a and eh. 6 $j. Spouse • 4 E; Dependents: _ 12) Dependent's'. •? (3) Dependents : rp) a dushtA*'9 'children on Be +r: _ iocial security numberrelationshipto; :field lorchdd ba,: ?S whe:.e,..,, 1 .. , p) Ftz?eiriii lzs' mete 1 .: '. • vau credit Teem ego ii; 7fved with you 4.v2 N. tWt 4 I 10.0 i 10 r 0.30+ hJ t! %F:' 1 : didi of IW with If more than sit ?' S• r - I ; r..?? r•n'K:j '.yae.doe'16 divorce '?•? " ar,ie aiallbn dependents see page 20. 'rL;• '(sae'Pa0e 20) ?- r:: 7 ?t!.DaIionldi;ti an Cc ?: - ! c? a ?_. nal enlared above .1, ?? [ La'.Add numbers • entered on . dTotal number of exemp:iors claimed ?..;_ :% ? .? . Mines atiave ? • 7 Wage's saltines "tips;eic: Ariach Fortn(s)W-2 ` 2 `` 'y • ` t 7'.' 8551.[ 1? Income ga..Sazable:mferzst Attaeh.Schedule B it required' . ?: "a A t`, ?'. ' .8a:1 Attach bTax-exempt interest: Do not includeon 6ne Ba 8b . ..y ?... ,:g. -. Forms W-2 and ; , 9. _ Ordinary dmtlends. Attach Schedule B if required • . ' Also here A -jO i---Taxa.1?.le refunas,?uedns,,or offsets o1 state and local Income taxes'(see page 22)'.,.. Also attach . Form(s) 1099-R r 11 Allmonyrecew2d - N tax as :,.12 Business Income or (lass) Attach Schedule C or C-EZ .. t f . ; .12-' -• withheld. r .13:' -' 13 Capital gain or Voss). A..ach Schedule D it required If not requred check here ?;? • - • " 14. Qther gams or,(losses). Attach Form 4797:'?.- '•. _. '14 If you didmot . 15a, Total IRA'distributions , 153 I I If Taxable amount (see page'23) .L5 b. gel LW2. ?'18a_ Total pensions aldarrai2es 76a Mo.,-.,. 166 I to Taxable amount (see page 29) '. - see page 21. .. 17 ',17..- Rental mal;estate; royahies;'pannerships, S'corporations, trusts; etc-hit" olf ScheduI Enclose, but do i'- Fann'income or (loss). Attach Schedule F ';'> X18 not attach, any ° .19,:*- Unemployment compensation --19'. 20b' p ease use Also .';,203 ? Social'sectinty bene:rS 120a I I Ili Taxa in ble aount (see page'25), , . 6,h Form 10404. '- 21 er income. Ust type and amount (see page 27) ....................................'; 21" 22 Add the ambunts in the far right column for lines 7 through 21 . This is your total iilcon;o?::•22' bsi. 13 °23 IRA deduction (seepage 27) 23 Adjusted : 24 Student loan interest deduction (see page 28). . . . 24 Gross p5. . Archer N.SA dedu::ion. Attach Form 8853 . 25 Income 26, . fdoving expenses. A`a:h Form 3903. 26 27_. 7One-ha lf of self-employment tax. Attach Schedule SE 27 - .28'.. Self-employed health insu:dtce'deductiod (sire page 30) 28 ' 29 Self-employed SEP, SMILE, and qualified plans 29 30 Penalty on eady wi;hc:awal df savings 30 " I _ 312 Alimony paid b Re:ioic.Y: s SSK ? 31a 32 Add lines 23 through 3ta . . . . . . . 32 33 Subtract line 32 from I:ne 22. This is vaur adjusted gross Income ? 33 8'$ b56 l For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 72. Cat. No. 12599G Form 1040 (20111) Form 10:0 (2Ot) Pace 2 d 34 Amount from line 33 (adjusted gross income) . . . . . . . . , T 134 I SS bSb l3 . aX an 35a • Check if: El You were 65 or older, ? Blind; ? Spouse was 65 or older, ? Blind. Credits .. Add the number of boxes checked above and enter the total here , , . 10. 35a [--- Standard, Deduction to I(you are married filing separately and your'spduse itemizes deductions, or ' for- you were a dual-status alien, see page 31 and check here . . , ? 35b ? e People who. -36.x. Nrriized deductions from Schedule A) or your standard deduction (see let: margin): checked an I % 6 1 514 z y box on line 37.,: Subtract line 36 from line 3. 37 I '1384t I At 35a w 35b or who can be claimed as a dependent , see page it. 38'- , It line 34 Is $99,725 or less, multiply 52,900 by the total number of exemptinns claimed bn ' '.'.line 6d. If line 34 is over $99,725, see the worksheet an page 32 , - 39'' .. Taxahle Income. Subtract line 33 from line 37. If line 38 is more than line .5i7, entar -0- -, /? 38 39 ? %100 b S 14% 00 . 1 At e All others: - 40 •+ Tax(see page 33). Check if any tax is from a ? Farm(s) 8614 b ? Form 4972 . . 40 I 1125Y1 00 ' Single. 41 a Alternative minimum tax (see page 34). Attach Form G251 41 - $4,550 Head of 42,-. Add lines 40 and 41 - ? 42 t m-Fe, - household, 43" Foreign tax credit. Attach Farm 1116 if required . . 143 I - I 56,650 4i.; _ Credit for child and dependent care expenses, Attach Form 2441 44 I "' I Marled filing jointly or 45-. Credit for the elderly or the disabled. Attach Schedule R . 45 - I Qualifying 46..Education credits. Attach Form 8363 46 I -- I widoal, $7.60w(0 47. Rate reddction credit. See the worksheet an page 36. 47 - I Married 48'-: Child tax credit (see page 37) . . . . . . . . . 48 b? I- -filing t t 49.: AdapBan credit. Attach Farm 8638. ' ' ' ' ' ' ' ' 49 ara sep e 53.800 50:: Other credits from: a ? Form 3800 b ? Form 6390 • • -`..? c ? "Forth 8601 d ? Form (specify) 50 ' 51'Add lines 43 through 50. These are your total credits ` 51 b40 52 • .? SuOtrac( lino 51 frorh fin, 42. It line-5111; mop than line 42, enter -0- .- - -) 52 it IOTA r 53 Self-employment tax. Attach Schedule SE . . . . . . . . . . . . . . • Oth 53 I e Taxes 54 `' $ocieLsecurity and Medicare tax on tip Income not reported to employer. Attach Form 4137 54 I 55 .:.Tax on qualified plans, including IRAs, and other tax-favored accounts. Adach Form 5329 if. required 55 I 56`. =. Advance earned income credit payments from Form(s) W-2 . . . . . . . , 56 --• 574= Household employment taxes. Attach Schedule H -. 7- 57 I 58 . Aad fines 52 through 57. This is vour total tax • ? 58 I 11 %,54 00 Paytnii ntS . *59::..Fetleral income tax withheld from Forms W-2 and 1099 59 it 7AA Iua1 VWX . ,.._? 60201 estimated tax payments and amount applied from 2000 return 60 -' I If you have a 61a Earned income credit (EIC) , , 613 I - chld at pelt 'Nontaxable earned income 161b I I I Schedule EIC. . 62.; Excess social security and RRTA tax withheld (see page 51) 62 63.': Additional child tax credit. Attach Form 6812 63 Wt. Amount paid with request for extension to file (see page 51) 64 ' •65.,x, Othii(iayments. Check if from a ? Fcrm 2439 h ? Form4136 65 I 66 *.; Add fines 59, 60. 61a, and 62 through 65. These are your total paym ents . ? 66 1111x 97 Refund" P7.-%]f line 66 is more than line 58, subtract line 58 from line 66. This Is the amount you overpaid 67 Direct 68a'Amount of fine 67 you want refunded to you .- ? 68a by ti ll deposit? See . r page 51 and b. Routing number ? e Type:? Checking ? Savings page 5 If.. W. d.::Acrount number ( I I fill in 68b, 68c, and 68d. '6V Amountfir line 67 you wants lied to our 2002 estimated tax ? 69 I - . AlnOllnt - 70.:' Amount you owe. Subtract line 66 from line 58. For details on how to pay, see page 52 ? 70 You we .71 : • Estimated tax penalty. Also include on line 70 . 171 / Tfilyd Pa ^wypu want to anow another person to discuss this return with the IRS (see page 53)7 ? Yes. Complete the Iollowing. ? No: Designee • Designee's Phone Personal identification . name" ? no. ? f ) number (PIM ? • m Sign Under penalties of pequry, I declare trot I rave exarnned this twum aid accompanying schedules wad s=emens, and to the best of my knowledge and f. Here belief, they are true, cenect, and complete. Decla.•avon of preparer (other than taxpayer) a based do as intcrra;on of vmich preparer has any knowledge. Joint return) Your signature Date Your occupation Daytime phone number I Soo page 19. / e4E 041'•lloZ I CMV`rI% cv% I f nth) 'Ise- ? Keep a copy ee_ f a joint return, both must sign. Date Spouse's occupation // for ecords. / Sas / w I Io41141OZ I rncunraa / r Paid • parer's I Date I cneck d I Preparer's SSN or PTIN signature sel'•emplo•:ed ? Preparerrs. . Fum's name (or : it sell employed. I EIr! trse Only you address. and ZIP code / I c---- -- r 1 *Us. Gavammam P.tmg oe:a: add'-4r as Fp-s 040 12037) Label (sae t instructions a cn page 21.) FF Uso the (RS L label. - z F Otherwise, E Please print F or type. E Presidential \.- Election Campaign Filing Status Check only one box. oepar:ment at me : rea511y-IM41nal Revenue Servlee ^oo w U.S. Individual Income Tax Return LJ?J L (,) Fu re r°r:a:.:-... c. i:,?05?. cr Vne n, vex beamnun ,,,,,, --_-- TY S2S 10 JOHN M c KAREN V DIMARTILE 1019 DOGWOOD LII ENOLA Pa 17025-20:1 Note. Checking -Yes' will not change your tax or mduce.your,re Do you, or your spouse if filing a joint return, want S3 to go to th 1 E3 Single "A ? 2 ,'12Marred filing jointly (even if only one had income) 3 ? &tarried fling separately. Enter spouse's SSN above y." and full name here. ?;5 Exemptions 6a If more than five dependents, see page .22. . b X Spouse .. c Dependents: (2) Deliendenri+ name social Security numlier •20 ' -OMB No. 1545-0074 ' Your social security number - lt?.5y ; bO?tt. I Spouse's social security number R tn't i5b ; y)xo S ?':Imoorfani' 7A -D: of Inuseliol`d 0wi(h'.gi ?affylry?peison is ac y)J.;:y?v :.;7not emend aba d Total numtler of exemp!ions claimed Y ^ Addnurrlban.:t 17 •,.on pnes-:;,?'+, • . 4•.21 uotAtr-:iabove'?r.:` Y `iY Income. 7 Wages, salaries, tips, etc. Attach Form(s) W 2 J : t ?; .?^ +1 ?7,: . . . E`tS1S 8o Taxable interest. Attach Schedule B if required ' ' ` :•" rt' = . Attach b Tax-exempt Interest. Do not include on line Be _ 8b ?? •} Forms W-2 and here. 9 Ordinary dividends. Attach Schedule B if required - Also Also attach 10 Taxable refunds, credits, or offsets of state and local Income `+•t , 0:5 .. " .::jp •. )... .. taxes see ag 2 Form(s)1099•R if tax was 11 Alimony received - .,. _. 12 B i _ , p e 4 ..'?.' c. ^: •;c:•,-,.. .?I>'•x•1-•. .:,._:.r:::: y:. ;t.:••,,,:r a::h. :rc• :.'Yt withheld. us ness income or (loss). Attach Schedule C or 6 -F1 13 Capital gain or (loss). Attach Schedule D if required. if noY iequireiJ;?ctiec(chera'? ??j :'13 you did not 14 Other gains or posses). Attach Form 4797 , :• Sri-f-=; :::x„"1?'; P,- 1 ?4 g et a - 150 IRA dis:rbutions• .. , 16 P 153 - vIN . b Taxable amount (see page 25J 'I56' ,,, s see page ge 23. • 0 ensions and annuities 17 t6a _ •? n?-: r,,, > ;,, .. . b 7axableamoulii(see pege?25J _?: • 1$b' Enclose but d . Rental real estate, royalties, partnerships, S corpomtions,'triists;etc "AHac"h'ScheiitleE•`F 'c?7; , o not attach an 18 Famri income 01 0011). Attach Schedule F ' - ' --'$?:+r:,, ,t.; +;.,*+••:Y' :r;<:-t:• ^18' ' ' ? ' , y paym ent. Also, 19 Unemployment compensation 1 + . '• "-;• •" ? r'St` !%:? • • please use 20a Social security benefits L2 00 I I . I ' ` •+ }„ '` - Fortn 1040- V. b Taxable amount(see page 27) x 26b 21 Other income. Ust type and amount (see 2 - • • ge 9) _ ?_ 21. 22 Add the amounts in the far fight column for lines 7lhrough 21i -Riffs i ?• u o a '? Adjusted 23 Educator expenses (see page 29) s r t t l Inca mo . .23 _ ` S'18g5 CFOSS 24 IRA deduction (see page 29) , 24 Income 25 Student loan interest deduction (see page 31). 25 26 Tuition and fees deduction (see page 32) 26 , 27 Archer MSA deduction. Attach Form 8853 , 27 28 Moving expenses. Attach Form 3903 - - 29 One-half of self-employment tax. Attach Schedule SE , 28 29 30 Self-employed health insurance deduction (see page 33) 30 31 Self-employed SEP. SIMPLE, and qualified plans 31 32 Penalty on eany withdrawal of savings _ 32 333 Alimony paid b Recipient's SSN 11. 33a - 34 Add lines 23 through 33a . 35 Subtract line 34 from line 22. This Is your adjusted gross incomo '> .` ?. • , • .35 For Disclosure, Privacy Act, and Paperwork Reduction Act Notiee , sec page 76 . Cat. Nor119708'? =; '_ . Foei1ni040' , . . . ( If your parent for someone else) can claim you a relum, do not check box 6a . , 3 - i I i „ r )` I f Form 1040 (2062)-,i Page 2 ? 35 (adjusted gross income) -. . . . -. . 36 4'1495 4? Tax and 1381;:{Amounl,(rom;line Credits 137a nChack f ? You were 65 or older, ? Blind; ? Spouse was 65 or older, ? Blind. j Standard Add the number of boxes. checked above and enter the total here . 1. 37a Deduction b If. you are married lifing separately and your spouse itemizes deductions, or for- ;.;.--you who , Iyou were a dual-status alien 'see page, 34 and check here . . . ? 37b ? , t ' •o + checked an 38 <.Ilojniziicldeductfons (from Schedule A) or your standard deduction (see left margin). - ASS i. Aq d box on line •39: °ySubtract lino 38 from 1inn'36'::.. 39 II N91 41 .37a or 37b or )•V)ripi,K,C;?A; :J41 ••:'°.ti •J.L v?.. •' who can be 40':;blf•fine 36 is $103:000,•oc less; rpultiply 53,000 by the total number of exemptions claimed on 9 de 1 gQ? claimed a t _° ? inp 6d It lmn3fi Is over. 103.000 see lho worksheet on page 35 , , 40' dependent, 'evvF +I ?. a• .?r,r^•+ .*`+ I - LT AAA 41 sea pogo 34 t4F4{ jTaby . a Incomo;iSublraCt li a40 fro (n line 39 If line 40 is more than line 39, enter ;0-' 41 • All others: 4?:,ia y(see page 436)_f:heck Many tazl from a Q•FOrrn(^,)8974 "'b Q Form49742 42 Lt 419 n Single, $4.700 torOativo minimum lax (sea 0itge 37).' Attach Form 6251 , . 43 - 1 Head of 441,r?ddlllges42 srld :43 - ,a i ' • _ . '. ? 44 11,401 thousehold, 45 rForeigr) t 'rr dit`Attach Fong 1116-Il requfred 45 $6,900 rt `. .rv,emrr- 3. ...a. .. __... 6} • edil,(or,r.hild andpependentcare expenses. ALL, Form 2441 46 Married riling r9,atS,Fr. 'P-F?.v^+.e8;:.,.•...,• a7 I ointl or r47c,'Credit for tt4031derfXorthedisabled: Attach Schedule R',. Eying riat'ortcre?difs Atte h; r •t'8863:: •? ' `.;;,. 48 widow(er). r'i4?f •„n;: n•:.I.vsy'?ea;..cr. Iw?;i.,.:.. •. r-:.::-:. <.. -: ?' • $7+850 148.,,rF,je}I?romprnsswipgs.wn!Obutions. credit'{)ttaih Form 8880•,-• 49 fL Monied 'S9ar Child tax credit(see page 39? ' 'a 50 baQ filing t•b..`f"t•r_ anrav+rr•{ •e.A *? i .. ' pr tion aredit;AttachForm 8839 51 51 i separately, Y ?3Ap,?dd?r°°r.P .!tat + • I- .. $3,925 521;:r4CredIL. (dom. a ?? Forth 8396 s` ` b ( Fenn 8859 t :2 L53?{OU?ercrndl?s7Checkappheablo bores) ,.qa Q Form 3806 ,- tb ?i?Orm 880{'''TTC [1 Spec+ty.. 53? ?' /,?•a'7 154, i-- Add.f nas 4!fttiro yh .53 ass are your total credits '54 l55>+F:SubUact Ime•54`trom`Iine 4.0ir line 54 is more than me 44,'enter -0-', ??' 55 l 4l9 - !58..°SelKemploymen[}ax:'At(ach Schedule SE : ' •. - `"' `r' S6 Other )-•°„N..;,c• . ,4,-r r, _. :.. s7 Taxes 7 Sx a1? unty aniMedlre to c on Op I )COM a is reported to employe Attach Form 4137 S8 •adax'on qualified ?lans?',IprJi,dlnq (RAs and other tex. lawred accounts Attach Form 5329 d required 58 !i"bt ro••o;t'il •,vxr w. .y• .t 'S9 i ' S9, Advance earned Incpmevedit paymentsYram Fonn(s) W2 +60. Household egtploymenttexes :Attach SchedIII - 60 81.'. AArld Imes:55 thrati h6g±This?isdur'total•{ax ? 61 I 11 tt9 Payments 62;? Feaeral'in erne, withheld from:Fo m's WrZ and.1099,'C 62 tvSS? 4b 631,20024iNntwrd tax .nts andamount appGedfrom 2001 return 11 you have a 64 Earned fncama crodR(EIC? ` - ' ,,.c'r Wl .r4 .n .ria. r^ L..,•. i t , y ...„ 64 l - Qualifying 651 •:Fx social secuntyandtier 3,RRTA lax withheld (see page 56),x, 65 chid, attach +r..•-r tr?•r R + '?. s 66 Schedule EIC. 66 ay3Adddiopal chit taxleredltaAttach Fomr 8812 ? ? - h6T.>? ?ourlt,paid?w' ?fequast faGextensfon to file (see page56) 68rr5,.0yhe payinai5 har?ryaaj0Fam 24196?Fonri 4136 e,0 Fam 8885.,'.. 69 tt SS2. per ? , ,69 >;:ArJd`lines 62'Ihrou b68: ThThese are ur toUl paymonts•'', j ?' :5g t1 SS? 416 Refund i70 ilaY 69 rs r oie than One 61 ubtract line 61 (mm line 69. ThIS is the amount you overpaid ry 70 Died deposit? CL,1?a i?Araprounol line 70 yoti.wantrefunded to yeti .', ` ?" 71ai See page 56 ?? brRouhng number. '? a T and fill in 71b, ype: Q ci,. y ?' Sav'v55.,. 71c, and 71d. ?VW.- , U". number' vz•a-.'nmoun[a ine fu YOU wants lied to our2003 estimated tax )- 1 72 I { Amount 173N Atnbugtyeu, owe: Subtract'line 69 from line 61. For details on how to pay, see page 57 ? 73 I dbb Oy Y_ ou Owe 17a"-( Estimated tax'perialty (see"page 57) _ 17a"I I / !'_`PO you want to allow another person to discuss this return with the IRS (see page 58)7 ? Yes: Complete the follovring. E] No Third Patty ... , : ;... _:.:...? . .. Designee _')Designoe Phone Personal Identification name ?' no. ? 1 1 number (PIN) ?• F7 I Sign ;Under penalties of pe tury, I'dattto that I have examined this return and xccempanyng scne .Ces and statements, and to the best of my knowledge and +;;befiel, they.are We, tartest, and complete. Declaration at pieparer (other than luisayerf m based ca at mlcmwlion ol.which pre;1wer has any knowledge, Here Joint return? Your signature I Date Your ecccpat= Da/time phone number Seepage ge 21 21. f f Keep a dept Spouses signature. It a faint return, both must sign. Date Spouse's ccc_e47an for vour Paid Propmor's' I Date signature Pre .parer's ; Fm's name (or Use Only yours if self-employed), Preparer's SSN or F71N i N W O O a A 3 C v c .i. G v ° a v _ E oc O O 0 V) C E u A a L _ _ v E o A T c a u ° c d u ? p U G e O .r U u C. y 0 G1 O N d' is E 7 z E S W az a CN Q N 500 Q ? Q > 0. zQ j C% O 012 N V <d L 9 Z < O M O F O O M N N 0 Q L Oa u u E E 4 4 O M M n C. N < v a 0 U w U F a J Q r 0 0 0 O 0 0 u G V J 000 N v I- vi?? v1 C% ? O V M t/1 M lON wt V C 1 'C h C C c o W ? Q :.• o b Uin Z O C l 00 O V M C' M O M - N voo? to - M •C H C L = ? ? 0 0 vU°Z O n N ? CN n !` ri C% 00 N C% _ N 00 00 w L O U e Z o a x h ?a rj 4o za <c ?axc, t? M O O N G\ v O O O h N n G 'v s b Q O ? •v G G N? O O N? O O N r O C> 7 N .,, TGIN MC.1 T OOhI, O 00 , • COO fV l? V I?MOO V6CG 6 1- 00 ? W ? N M ?M O . y G 1 N 00 r- N 00 00 tl Z. r ,G ?1 J O •? Oht? L t Nr/100 M M 00 V 00n N V' +'+. Mr/1?71?0000 V)V;%.D 00 n O,a:? J 7617071 vi0 vih l7 7 Y h ?r, cq ^N ?.•-00 .-+? 7 00 00 ? t w z w rn F r? >aa.a yA U. a Qa U ow ZdZ ?ZOAcnZ.] 0.?G1Z ? 0 4p00 ? ? F n t aF a 0 7. ?. a N O M N n N r• V r•? < r•i L A M O O N C?1 7 a N A RE: O d P. r h Y _ b V O O O O NE 3 T o > c r t0 N C C i 0 > 9 C N c c w " L. m o ? ?ab o T r m ?0 L 3 uz D• Cl N? .r V > ? ._ N ?. >a3o>3 of Ua 3xa 0 o Cl OI ? ? N N `I J O EE . . 0? p L I 115 aE ? oU , > ro08y uL.°--. l . „ r r C u Ems. W O U ` m a 'O O y H aU q UW d o ?¢ r . m .G m VI vPi, r m m O 3 J m.p l;,c IM1 ?' N O Q L in y 3> n ? 7 O c ] ?_ m t . . O C a o ;a cc-0 d u m 2 W ? ' m N C u u u u • U?? y .C m 9 a a? 7a m e n u C 7? m ?l/7 d ?? O o o n = ?/? O C]'?. U W U L W' of E E ry M '* m • • ,, ._ L N ? n O V O v > m in m J u z + N .0. vOi i 2 n 0 0 N r s T O u M O O N r V Q w a I? U N Q c;l 0 00 W N N azz d 1 taenerits at a Glance i vwNnaao=ts4. fA: ?Grr, ? Add to YOU, VD.011tell Benefits at a Glance r Savings Plan Pension Plan i Check your profit Sharing Fund current balances. ?j - Your Allstato Cafeteria Plan As of 11-09-2000 See Also Financla Accounts Your Current Balances la La:.arn Nore Your Contributions & Earnings $139,298.70 Savings Plan Company_Contributions__ __$231357_94 4yerview Total Plan Balance ;162,656.64 Vested Balance $162,656.64 Your Current Contribution Rates Pre-tax _ 5% After-tax __- T0% You will receive a Participation Share Contribution of 50 cents for every $1.00 of Pre-tax contribution up to 50/o of eligible compensation. You may also receive a Performance Share Contribution up to $1.00 for every $1.00 of Pre-tax contribution up to 5% of eligible compensation. Management bonus eligible participants are limited to a maximum Company Contribution of $1.00. Company Contributions are made In the first quarter of the following year. About the Site I Too Questions. I Contact Lis I Legal Information Home I Savings I Pension I Health insurance.... Copyright ©1997-2000, Hewitt Associates LLC Page 1 of 1 https://one. resou rtes. hewi tt. tom/N.../Tb IaTrnsPage?nodeld= BaagSavingsTa b&u=97386321373 11/10/00 _A baalc> Beneats at a Glance. Savings Plan nro33935 Y--kRCl V DI\I:wRTELE 1019 DOGWOOD L\ L'NOL-k PA 17025 YOUR CONTRACT IS SERVICED BY: ANDREW R GROVE NATIONWIDE LIFE ECSLRANCE PO BOX40 ELLIOTTSBURG PA 17024 Year End Statement Deceinber31.2002 Nationwide Life Insurance Company P 0 Box 182356 Columbus Oil 43218-2356 24 lir. Annuity Line: (300) 345.3253 Customer SeMcc: (300) 243-6295 Hearinglmpaired: (800) 23S-3035 Representative Number: 010370025943 Contract Issue Date: 06/22/1993 Annuitant: Y-.\Ri\ V DIMARTILE Contract Number: 01-0265915 z.Yolk<Non-QuaiiffedA cult .Cuutlact;:V.IEueIS.$24;23824; Natlonw•ide will assnule all transactions arc accurate unless notifled within 30 days. ContiaOSuniimarr - F- Y Quarter-To-Dale Year-To-Dale Inception-To-Date. Begbini ng Value 522.417.01 S29,746.46 00 5 Purchase Payments Nil]Idmamis/Chargcs S.00 5 00 8.00 . S14.292.44 Change in Value , SI.821.23 ( S5.473.22) 215 0) $10 EndinngValue 524238.24 S24,23S.24 , . 524,233.24 Current Death Benefit Value (Tlie value ordso Dea05 Benefit is s,da6lc and ma y iuarase crdmmase iiased on the cxpnicuce ofdte iusestaicnt option $24,233.24 s you bran selected) Fund Ileginning-nf-Qunrter Quarter-To-Dale End-or-Quarter Name Dollar Value Payments 11'illidrnn•nls Dollar Value GRTMRE• G%7T TOTAL IIETLRN I S22,417.01 524.235.24 Variable Fund Totals S22,417.01 S.00 S.00 " 'i \IM04 00 ID 0I0205916 Pave l of3 e00001gi o00onoo5 sm9:m9 romsu account natance 1'age 1 of 2 Fivitclal The Service Center Financial u Invasnnants I Transactions) Contact Us I Lo9off t Balance Allocation 1 Account Balance ?J help Current account balance for 010365918 as of 1/4/2000 Investment Option 't'otal % of Balance" e of Units '•) Unilvuluc"= Bnlmtce NSAT TOTAL. RTN 100.00 373.511977 90.587303 $33,83541 FND Please note rhar due to rounding, percentages may not total 1t70Sv. r' Unit and trait values are rounded to A r (6) decimal places All accounting is actually calculated or eight (8) decimal places. Total Variable Options: $33,835.44 OCCUR THAT ARE BEYOND THE ANlLrrY FOR ABLE TO COMPLETE YOUR TRANSACTION DUE NATIONWIDE AT (1.888.867.5115). NATIONWIDE I POTENTIAL SYSTEM[ F.ULURE 02CASE READ T LWOMIATIO`t). 9 CONTACT FOR THIS If you ere a participant to a qualified plan account, all investment options may not be available to you Please contact your plan administrator if you have questions regarding your investment options Coatna Balsrae refers to )ow connct s value and dm not anew the deduction of sumnder chuges The Undenying lnvcytment Opums are not avunblc to the genera) public duectly The Undulying Investment .../AppLogtc+Balance?GXHC_gx_session_id_secure.secure=5e9eb2e9495af241&GXHC_session 115100 ® HSRT TOML RTH FND nY,y. 1u.2011Js1i?:7[n: h i , I A l Hog, Pi. 1 112 ONLINE CHECKCOPY CHECK 5329 AMOUNT S468.29 DATE 061062000 °JOM M DMLgRftt a EMAM0MOL",?74nm w7=a . 5329 a ovawNf(w *WOOF RAl' J $ A"JQ R 400 11 4749 47OQL? 49 ?? M= :m? .•93:4'.=.TEc22'rs+__ZaZ?z7• aas?az? ron s ? 423337Z3970L090002&3Ogr S32q 040O000%sa2w Mt ' IV TY6 yp? i7 7% 0-06-00 8798 S9 r •• if-PSI LAO. KY 77 . '000000000 ¢ZSB9OSP 'J`a'v 1 ?Q• OQOZSO9O3a• WN• usn.LSt1L.4 Gf4911GLS4E >E6EOO11£Ot': ?Wb Return to Checldne D, N0.303 P. 33 ,9end Comments to Oustomerr .t,Z? y tntbank com. &u&b&d a.: C-tq l r. r:.Lriv:51r0:' NO. 303 P. 34 ,. •:xv=:.. ^.a: r?; r?;.:•„?R•n S ^•S;:LTLx,?Sf.S:•L=,6!?I:?istZc: r'•:?1?:nm4gt=,rF:.,? ONLINE CMCKCOPY C13ECK 5137 AMOUNT S1,625.25 DATE 04/19/2000 J" AL CU&SWEE ••?omV'mCOAART" i7•ra»u 5137 . KAMN ¦ n? a{ciko ' ?'?• P.+rkao s?s..i T.sf Vin!' (.1w.9:1t4• 1 $ y .lS r, p,?ro„?yna d..4.?0..? b.?.j R?.a.ieo,ra •,?• •-1 ,,,,?a? . tivr?cs e?eec CCA NI3i3423B4C 09000283?9w Si3" p T. = i, g Retwn to Ch_ wJdag Details Send Comments to o 9Qmersergo wa, ypointbank com ,I &u&b&d A'A. iJ. Lvv. ti U:'/JmNt' n:''In I: ti\J. HD y: Y:. I ? I i2 _ _ _ Y?:_ a'?4y41L?11wi+:SP>YnTiY/.•' '?:?: ?7+ {i•?. ?t•y. ONLINE CHECKCOPY CHECK 5135 AMOUNT S1,003.11 DATE 04125/2000 NO. 303 P. 35 J" M. DOWAMU :af? DM`AA?IE}? m++?a'i 5135• WA PA il® A ppE W(pltm -mdnrnif' 2020055475 340 f1 t .offfl * ONr i'hDMl.nd 7%K&.V11?'C hl Karp OOLLANS d • lnw? e?rac .. r: ran ..?23i3Y23B7dp9pG0283Ugr 5135 Jppp0ip0331J . '02 P, CSn + . 00554 0.1.Ita-000?A •• OPT0 .? OOpO0/ a?A ?RQ4W5 04 2.rirai/tg?,Y a?1?pT7i6?09?111?C69T6..... ? iY4 R 1 H e _+t . • i; a Send Comments to cwomMervicp(aMM=i a &u&b&d AFR. 18. 1003 ?il):52AP l1S. Ho E, Pa. l'll 12 r,zn...?vr rest ??'??Y.liiY:?l?.-LY.!.1 :?:'Yi'<?ti.C. -:'?'.1C4:./:(60•d Yn4.`h{wk'ii: ?'[`.:_L...o,_ h ONLINE CHECKCOPY I-- "?10w HeNA CHECK 5101 AMOUNT 52.374.07 DATE 03/0712000 N19 ? NWIN lie (11111 h1w ? r flm Imp 9118)9 NO, 303 K 36 Send omme? a en?+omrs &u&b&d e -1-l nYK. 1?. 2UG3 <i0:52A P nLL3113. Hbj, Pa. 17112 ate: J:•:.r-?:?r_?:?i?.:?.^:Se:.Y':?',L>d?k7%7`!?5..^.?b:?:'Zs<ri.?•r:??:r?i. e?.rµl ONLINE C:HECKCOPY CHECK 5076 AMOUNT $96314 DATE 02/23/2000 JOHN WLI71MAR LE .,?,,.. 5075 KARHN V. DIMARTILE d01.?ul Nl T7J77.73q • - ¦ are OljtELaOt la\? TC1iffilR LLA.e.+iK fLL[Vw K µµv.,^e.v1-•a T*ew-J^'J'° rd muaas_. k71A`a"'a'trSaas? .-rea :... :.. 429i342387?:0900D?8d09 50 46 W -p Iifo bd 2i'ra? C31000O37 Q • , i ' -91 5461 1 1 5.780 1 ?I i.1: 2Leo54• - •. re Return to Checldng Details Send Comments to customerservigg@n Mointba_k eom NO, 303 P. 37 &u&b&d Sri. 18.22003+i 0:?3?wk :._ Tti_ iNs. ts. P .11112 NO 303 P. 38 !..p^,T ..+p: y:` ?..+. .ap• ?. .t. ^? .Y.._T.Q?,l.?. e? ..:?'+L4iLf`. n. T?'.i ?? 1 vY/. ?" Yn ONLINE CHECKCOPY CHECK 5077 AMOUNT $800.00 DATE 02113/1000 '.rope Ai nmvjn% : KAREN V. DIMARME . 5077 ?PA nU4 PH.m4x"m ' i rt fJ1Nla0 o?11 W. UtIWp, 11nYJA• J$' fmao a ?t.H ti.dr<j ?Q9D2 1721 4? DD?Z g652 . " RAMC '. . Wt 71eF5 . +:23Y34_2384+;09000 28 30 4r 5077 %e0000080000r 1 721 []f 22722 0 0312;0 04-0 O9Dl2272S .[rz--DO , c t Q.m LW Ito& f + 't G P M U ' 1 a . .3 1Gaii 1-J • Retum to Checking Details Send Comments to +Qtometsew?Cp,(1w8vneimhnnk &u&b&d ni i. ia. 2u ?I,,: ii MOP n_L.I n IC 11J. JPd, f:. 17112 'Ni'rv: rf:f ?,-..zv-c-•.v C7.i ?.v-c?•'?r... J.c.. ..l?i,`'A R ONLME CHECKC OPY CHECK $070 AMOUNT $2,360.75 DATE 02/22/2000 JCM K DRAAatn.s ai> u 1 WFAXI vnianxnaa* 5070 A IlmS ¦ .m ax(rstoo PAY .1Dmoris?ENA J $ l?4M,'IC ¦ "rr M+wwJ •t1....,1.iJn.?AirAf LC17; «L ?°UO r, ,up?y moot t3... ..A.?. ppyC 9424 C 231,3V23874 090002830gM 507n (0000 2 360 7 5.+ IY? ?heD7?s -„`- ` rfx1NAA16p_tTMS .`D., . i. ormcam C X0319 0010-0• if +aooooonoaataooo o to F 3SWlrn,s$?'-W8P2drWii:??f%a N0.303 P. 39 Return to Checlgpa Details Send Comments to customerserviceaz=ointbank corn &u&b&d iZ.20v3 i6:?3AMF A!!JiAit i1'S. Hbg, a. ii112 Fr:.r, .•.'.f='__: o.Fe sue.-??l?r?v.^z ., ?.+sur,.-}?:.i7i.74?7.;?rY;iG%,: ?:Cr'f)°: ?:¢?l•`e omm(E CHECKCOPY CHECK 5074 AMOUNT $514.60 DATE 02/Z2l.2000 ' pb,V. DOARMA 7aaa U C S 02 " "Y6 2.3? 0 0• r? lws mop ¦ me ws hs . 'm°nTOErnm lla.vr7.t e.rA s? a $ sv.eo AWrrs w6 k$ao ?++.. o. L' , 00 !'t 4893 •tiH93 ppµ?p Elm= .._ _.. ... 287 45R •.. r?3137E989r:0900028309M 5094 Jo00005&4B". i A404 HYLAMRCAC 140473267 02-2200 .? .? .. 000 000 000 9o55 )lZPZLZIZOC ?.3,SRSo i g z 50 .0seZ8 J3d MIND rNIP Atfd - Retum to Chcclcine Details &nd Ctmiments to customerseMce mmyRgjDjt 2mk com N0.303 P. 40 +<?*J%s I l i b&d APR, 18. 2003 d0:53A,NT AL LS AI INS. Hba, Pa. 17112 NO. 303 P. 41 ONLME CHECKCOPY CHECK 5067 AMOUN'T' 5486.72 DATE 02/14/2000 J" F& DMURM .o,ntieo, n}>.um, . "' a $061 .. ?ma ' D am oW1co -jag -?4WAO t. ' cM mAC Lem ?n GOt .,. VVIV, 214 Do"A" Ei?`tr ?u Ol N84.72 G2313423871:ORDDa28309a 5064 d000Qg48642? F8 bd ? t7Y00v113 M •: .. .. . Y - H712S; 044. Send Commen t0 C +atnmm ' a/ ?. &a&ti?i'df I AFR- 1g. 20u3;,10:53nl IP n!!)inl_ 1%J. HG;, P 11112 1'UN=;, C?, .'.;A ,, '?T7;b..m* ONLINE CHECKCOPY CHECK 5066 AMOUNT S496.45 DATE 02/14/2000 • JCM AL mAumna SOSs mmy?EN v, 00wtxj j SFIID{A M IN25' P//titi ?iT-11?82C1 ??aa??,,• 0 WS 6?{?t0• I..•ay a"b.,.p?:A?y»sit- bwa4 j $ WW+s• _ VeS LCA:l 1e?..t3. t • ion • .tpA Oo .. 1 C23i3723871:0900028309r 5066 P000D049s45! r•? 062000119 _.. _ . .. r S? 22 .2Es ? - Return to Checking Details Send Comments to cgs nimsenrice(alcvzrvnnintbar&com &u&b&d N0.303 P. 42 I; n si ii ?. /?M?.. _ - _ ?r;:;?:? *I. r I • . N 1 '• ____. __ :. _ _. `.a;,;,w f zT IL ?i aY.r' Y '! wZa? 1356 m 41. "I - nIU 1 - _1t6.6?/.i'1['1l>a7lA\l){tf1i 'i'^ ?,?:F•''- 3 Xa+;?'4D ..r. arrg ib (1'k tiM'/ Y y /y/.I a Q ? cr?. ?.????Jl!tfL--JJ )GG11..11?? ?Q?yy.?fir f5wa?? o,Cil ??rj YSjy 5?.;9':w1'S 4.'Y?(14?:?(SN•r ?'? J??I?Y ? L? f S^?i tlit:lJ..r71 4< ? /??f 5,9 L'3 G ^i ^ r C>` t f 'l > < P l? / S ?" J f f ?Y f L iAi ",?3.,,. ,yr. icy; 9f?j*1a? 'Y;t ??f'?v,,• h.xy, • f'A r- y v 7"?71?Gc ' r ?/ ? ? . l n ? t . y r.?{ N I in y f24' > q r,?,.? ,?Tyt ??'"it YZJS°ri??N???tkIIl(-"r ,,// y f? a+''G 1 ? x ? ^if .,?.?l7u??T?3rf.,§?; 7'°3SjV??(F ?G n n?1)i?/'•c yy hl L wY y lr?-?'•rt?,.q Y 2? ?, b / G A ? ?/ y" f !++ ?. 1 ?« y.1 ?I?`"J ?n? K y .Y S 451' ' ?`?/?' tl.X ?/' /yJ1kM1Y fi la/ ? ??tSLrt Fr" S?'Atry?yif" <i„???'! s}? Ju. y,? s? -F -- j>ns`{ ala r e rw r~ ?" < .' y } ? f 1f f` /I (sf^- ?w)!. ? ea , i r a?< ' ? , t l?E!" . •,c' ,°`y ?.z ^-r.. o> y Yrss. i t f. Y,????-R? LL??rl ?lflf?r'ifylfy.'? IJ ! .PI M J4/??5.< ? ? / tiL ! qj ? yt Y, ? .. 1ptf/ 1t??% I"1' ?Ifj??l? Y? p 4y ) L ? i 1?? ?. )G sllaAj'?^f'_t4rt)jS lly /?yy V/ ?"w./l , i?.YSF"T?1 LVl ?4 L! ?YZ/fi?.? :r'.)4 / r ? 4?J. 1 `' / /4 fI ?''I .. 1 ?t i I ,ZIPcp.:.y..: ss .. i", r, i/ 1 Y how I '. .1 I I d .. :r . ? i i2- ? ;o? N0. 303 • $ Il},t A r j 1 ,; .. <i ,I ,• r,. i nmu fAPS? ? ? ? I - - I .m , *,. - ` ?y? •t .rr :i ...:;. ??, :'' ?. ?., •:1`, . ... ? . ;: ;? . 1,.}, •? <<? ????I { ., .kr-: ?? t ?? ?? ?'? I No. 303 P. 32 :R LIPBITT LLC 10w1 vao•wm. ?.._-- ??/-_ ,i ?/ p?q?M?w rA 19011 • 101719fT .In at,ICar _ ,I IN THE COURT OF COMMON PLEAS John M. DiMartile Cumberland County, Pennsylvania Plaintiff No: 99-7552 Civil V. Karen V. DiMartile Defendant Income Statement of Defendant Emp-lo er- Allstate 6345 Flank Drive Suite 1000 Harrisburg, PA 17112 #174563730 r' charitable constributions $ 10.00 legal fees $ 100.00 TOTAL MONTHLY EXPENSES $ 2,799.00 Net Difference $ 995.04 I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: o-44Ds ?(- & . DiMartile Property Owned: See Inventory Statement Insurance: Hospital & Medical for H, W, C United Healthcare #189496 Dental for H, W, C Medlife #84280 Supplemental Income Statement not being filed because Defendant does/is not: a) operate a business or profession b) a member of partnership c) not a shareholder O P kl L PA 19011 • .19191 939.5400 • Put 19171 939.5385 Mark DiMartile, In the Court of Common Pleas Plaintiff Cumberland County, Pennsylvania V. No.: 99-7662 Karen DiMartile, Civil Action - Law Defendant In Divorce INVENTORY AND APPRAISEMENT OF Defendant Defendant files the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Defendant verifies that the statements made in this inventory and appraisement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. 1. Real properly 2. Motor vehicles 3, stocks, bonds, securities and 4, certificates of Deposit r4.unLinn accounts. cash ;x) 6. Savings accounts, money market (x) 7, Contents of safe deposit Vim- 8 ) , Trusts (x) g, Life insurance policies (indicate face value, cash surrender value and 11. Gifts 12. Inhe () 14. Personal property outside the home of ownership, and () 15. Businesses (list all owners, including percentage officerldirector positions held by a party with a company) () 16. Employment termination benefits - severance pay, workman's 18. Pension plans (indicate employee contribution and date 19. Retirement plans, Individual Retirement Accounts 2o. Disability payments 21. Litigation claims (matured and ...matured) ;) 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) W 26. Other MARITAL PROPERTY Defendant 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 this action was commenced: ITEM DESCRIPTION NAME OF APPROXIMATE NUMBER OF PROPERTY ALL OWNERS VALUES 1. Real Estate 1019 Dogwood Enola joint $161,000 2. Vehicles 1996 Blazer joint $12,000 3, Bonds (Jamie's education) joint $19,000 4, CD's Harris mature 2/2000 joint $12,000 (closed) PNC mature 2/2000 joint $10,000 (closed) 6. Checking Accounts: Allfirst Husband $ Harris wife $500.00 6. Savings Accounts: Husband $ Wife 2400.00 7. Safe in the house joint 9. Life Insurance: Baltimore Life Term - Husband $200,000 Allstate Tenn - Wife $120,000 Allstate Whole Life (tens) Wife $25,000 10. Annuity Nationwide Wife $24,000 17. Profit Sharing Allstate Wife $139,000 ITEM DESCRIPTION NIIMRFR OF PROPERTY NAME OF APPROXIMATE ALL OWNERS VAI 11PA 19. Retirement plans/IRA's Allstate IRA Husband $3,000 ($2417.64 present) 20. Disability payments: 24. Debts: Home Equity Joint $14800 (present) $18000 (DOS) Volvo Financing (lease) Wife $350 mth GMAC(Blazer) 25. Personal Property: Household furnishings joint $5,000 26. Other: NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM DESCRIPTION NAME OF NUMBER OF PROPERTY ALL OWNERS 2000 Volvo s40 Wife lease Defendant lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: ITEM DESCRIPTION DATE OF TO WHOM NUMBER OF PROPERTYTRANSFER TRANSFERRED CONSIDERATION Harris mature 212000 joint $12,000 (closed) PNC mature 2/2000 joint $10,000 (closed) LIABILITIES Defendant lids all liabilities of either or both spouses alone or with any person as of the date this action was commenced. ITEM DESCRIPTION NAMES OF ALL NUMBER OF LIABILITY CREDITORS/ DEBTORS AMOUNT 24. Leased vehicle - Volvo Volvo financing Wife lease - 5350 2nd mortgage MELLON HusbandNVife $14,800 PAID OFF 1019 Mortgage HARRIS HusbandlWife $6,984 CREDIT CARDS: 1. MBNA 1,600.00 2. 3. 4. P"-- -" - JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Legal Caption Defendant Statement of Inter To the Court: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7552 : CIVIL ACTION - LAW : IN DIVORCE lion to Proceed John M.) DiMarttile intends to proceed th eabovec.¢Il n dmatter Date: (A o pyfor Plaintiff N k\ Ezptanat/olry Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901:" Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. H Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, be or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay, In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ___ . ?,; - -? .? - L ~ , ? ' ? ` ? ' ? . ?. ='?- .. !j ` '' _' - U' ? ]_ J :? . y c,. -, ._ ,j CJ ? .: JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO.99-7552 CIVIL CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Date of Marriage: Date of Separation: Divorce Complaint filing date: April 3, 1986 December 13, 1999 December 17, 1999 1. ASSETS A. Marital Property B. Non-marital Property See Exhibit "A" See Exhibit "B" 2. EXPERT WITNESSES Plaintiff knows of no expert witnesses at this time. However, Plaintiff reserves the right to supplement this answer should such become available. 3. NON-EXPERT WITNESSES Plaintiff knows of no non-expert witness at this time with exception to the parties. However, Plaintiff reserves the right to supplement this answer should such become available. 4. EXHIBITS (a). Plaintiffs Inventory (Exhibit "A"). (b). Plaintiffs Income and Expense Statement (Exhibit "B"). t. 5. GROSS INCOME/NET INCOME A. Plaintiff - See Income and Expense Statement. (Exhibit "B"). B. Defendant - See Defendant's Income and Expense Statement. 6. EXPENSES A. Plaintiff - See Income and Expense Statement. (Exhibit "B"). B. Defendant - See Defendant's Income and Expense Statement. 7. PENSIONS/RETIREMENT A. Plaintiff-None B. Defendant- See Defendant's Inventory 8. COUNSEL FEES Total counsel fees in the matter to be presented at time of hearing. 9. PERSONAL PROPERTY DISPUTE None at this time. 10. MARITAL DEBTS See Plaintiffs Inventory (Exhibit "A") 11. PROPOSED RESOLUTION It is proposed that the parties distribute the marital assets equally with the Plaintiff receiving equity in the marital residence and a rollover from the Defendant's pension benefits to equalize the distribution. The Plaintiff has also made a claim for alimony which must be addressed by the Master. Because the parties continue to reside together in the marital residence, there has been no child support order entered in this matter. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY Date: By: Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 ®'?--'--_ _. - -- -_ ? --?-ire-- ?4 VERIFICATION The undersigned, John J. Connelly, Jr., Esquire, of the law firm of James, Smith, Dietterick & Connelly LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Pre-Trial Statement has been prepared by me by knowledge and information acquired during the course of my representation of Plaintiff; John A DiMartile, that I execute this verification as a signature of said Plaintiff cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: is ?i +_? E ._..: _ _ .kri:1J JOHN M. DiMARTILE, : IN THE COURT OI,, COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY OF JOHN M. DiMARTILE Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 1-M-015 ?n M. DiMartile, Plaintiff i ' ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles (x) 3. Stocks, bonds, securities and options (x) 4. Certificates of Deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market (x) 7. Contents of safe deposit boxes () 8. Trusts (x) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) (x) 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties {) 14. Personal property outside the home O 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) () 16. Employment termination benefits - severance pay, workman's compensation claim/award (x) 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits O 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION NAMES OF ALL OF PROPERTY OWNERS Marital Residence located at 1. 1019 Dogwood, Enola, PA Husband and Wife approx. value $150,000.00 1997 Chevrolet Blazer 2. approx. value $12,000.00 Husband and Wife Savings Bonds (for Jamie's 3. education) Husband and Wife approx. value $19,000.00 Certificates of Deposit cashed 4. 1. Hams $12,000.00 Husband and Wife 2. PNC $10,000.00 Wife received 517,000.00 of proceeds and Husband received $5,000.00 Checking Account Allfirst 5. opened at separation with Husband $5,000.00 Checking Account 5. Hams/Waypoint Wife value to be determined Savings Account Waypoint 6. value to be determined wife Safe in marital residence 7. value to be determined Husband and Wife Life Insurance 9. Baltimore Life - Term Husband death benefit $200,000.00 Life Insurance 9. 1. Allstate - Term Wife death benef it $120,000.00 2. Allstate Whole Life death benefit $25,000.00 value to be dctemiined 10. Nationwide Annuity approx. value $24,000.00 updated value needed Wife 17. Allstate Profit Sharing Plan approx. value $139,000.00 u dated value needed Wife 19• Allstate IRA a rox. value $2,500.00 Husband 25. Household Furnishings and Personalty value to be determined Husband and Wife 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 property. ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION 2. Leased 2000 Volvo s40 Acquired by Wife After Date PROPERTY TRANSFERRED ITEM NUMBER DESCRIPTION DATE OF RANSFER ; CONSIDERATION TRANSFEREE 4. Harris Certificate of Deposit red February 2000 $12,000.00 Husband and Wife 4. PNC Certificate of Deposit Matured February 2000 $10,000.00 Husband and Wife LIABILITIES ITEM NUMBER DESCRIPTION CREDITORS DEBTORS 24. Marital Residence Home Equity Loan approx. balance $14,800 (updated balance needed) balance at dos $18,000 Husband and Wife 24. 1997 Chevrolet Blazer GMAC Husband and Wife 24. Volvo Lease Volvo Financing Wife EXHIBIT "B" JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 99 - 7552 CIVIL CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF: ?I INCOME Employer: McCartney Roofing, Spouting & Siding Address: 149 E. Dauphin Street, Enola, PA 17025 Type of Work: Roofing and siding Pay Period (weekly, biweekly, etc.): Weekly Gross Pay per pay Period: $500.00 Itemized Payroll Deductions: Federal Withholding $50.00 Social Security $38.25 Local Wage Tax $8.00 State Income Tax $14.00 Retirement Savings Bonds Credit Union Life Insurance Health Insurance Unemployment Tax Other - Medicare Net Pay per Pay Period: $389.75 w OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Accounts Gifts Unemployment Comp. Worker's Comp. Alimony Child Support TOTAL NET INCOME EXPENSES Home Home Equity Loan Maintenance Utilities Electric Gas Oil Telephone Water Sewer MONTHLY YEARLY (Fill in appropriate column) $200.00 $100.00 $ 30.00 S30.00 $ 30.00 $2,400.00 $1,200.00 $360.00 $360.00 S360.00 M y.nr MONTHLY YEARLY (Fill in appropriate column) Employment Public Transportation Lunch $100.00 $1,200.00 Taxes Real Estate $152.50 $1,830.00 Personal Property Income Insurance Homeowners Automobile $ 37.50 $450.00 Life $ 40.00 $480.00 Accident Health (projected) $300.00 $3,600.00 Other Automobile Payments Fuel $ 60.00 $720.00 Repairs S21.67 $260.04 Medical Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses,contacts, $ 21.67 $260.04 braces, orthopedic devices) MONTHLY YEARLY (Fill in appropriate column) Education Private School Parochial School College Religious Personal Clothing Food Barber/Hairdresser Credit Payments Charge Accounts Memberships Loans Credit Union Miscellaneous Household Help Child Care Paper/Books/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony Payments TOTAL EXPENSES $ 40.00 $480.00 $ 80.00 $960.00 $150.00 $1,800.00 $ 15.00 $180.00 $100.00 $1,200.00 $ 83.35 $1,000.20 $ 83.35 $1,000.20 $ 80.00 $960.00 $1,755.04 $21,060.48 VERIFICATION I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: l -l3 -05 ?yi1 n M. DiMartile, Plaintiff JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly LLP attorney for the Plaintiff, John M. DiMartile, hereby certify that I have served a copy of the foregoing Pre-Trial Statement on the following on the date and in the manner indicated below: U.S MAIL FIRST CLASS PRE-PAID James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY Date: Jr., rost-Uttice Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 1• L?"l 1- C) CL av .I 1 r _) JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO.99-7552 CIVIL KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses in the above-captioned divorce action. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: September, 2005 By: Attorneys for Plaintiff Hershey, PA 17033-0650 (717) 533-3280 a ? d LLI - ) f ?Q tD r r W ILL -t LU l u 21 CL W 0 o N j U 4:,k JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant 3 : IN THE COURT Of COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7552 CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of ('166 2005, the appointment of E. Robert Elicker, II, Esquire, as Master in the above-captioned proceeding is hereby revoked. BY THE COURT: 14no )_ ? L/ A17. 10 \O? FI!,EID-C; OF THE i'. ? ' iTaRv ZU05OCi -? ;,;;lo: a Cut. JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7552 CIVIL CIVIL ACTION - LAW IN DIVORCE PETITION TO REVOKE APPOINTMENT OF MASTER I. E. Robert Elicker, 11, Esquire, was appointed Mastcr in the above-captioned matter to consider the issues raised in the proceedings. 2. A settlement has been reached between the parties and counsel. 3. The undersigned, therefore, requests that the appointment of E. Robert Elicker, 11, Esquire be revoked. DATED: ttn z3 Z?S Jr., Esquire James A. filler, Esquire Attorney or Defendant r _ } q i y c 1 . L CT CV j J .i F- N = u_ O ° C:U ?V JOHN M. DiMARTILE, Plaintiff v. KAREN V. DiMARTILE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7552 CIVIL CIVIL ACTION - LAW IN DIVORCE PETITION TO REVOKE APPOINTMENT OF MASTER I. E. Robert Elicker, II, Esquire, was appointed Master in the above-captioned matter to consider the issues raised in the proceedings. 2. A settlement has been reached between the parties and counsel. 3. The undersigned, therefore, requests that the appointment of E. Robert Elicker, II, Esquire be revoked. DATED: 1fw z 3S Jr., Esquire James A. iller, Esquire Attorney or Defendant <-, ?; ?:; ? - ? r, ...,,-? ^' ,' `? ? ??,? _:t ` c? ? = -: ? ?' c ? , ?'l , ?p a =-C JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this _11?day of &2? '2005, the appointment of E. Robert Elicker, II, Esquire, as Master in the above-captioned proceeding is hereby revoked. BY THE COURT: G ,'l-?1 ORIGINAL MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN JOHN M. DiMARTILE AND KAREN V. DiMARTILE John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for John M. DiMartile James A. Miller, Esquire Miller Lipsitt, LLC 2157 Market Street Camp Hill, PA 17011 Telephone: (717) 737-6400 Counsel for Karen V. DiMartile MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 20 day of L , 2005 by and between JOHN M. DiMARTILE, of Cumberland County, ennsylvania, and KAREN V. DiMARTILE, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, John M. DiMartile (hereinafter called "Husband") currently resides at 1019 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025; WHEREAS, Karen V. DiMartile (hereinafter called "Wife") currently resides at 1019 Dogwood Lane, Enola, Cumberland County Pennsylvania 17025; WHEREAS, the parties hereto are husband and wife, having been lawfully married on April 3,1986; WHEREAS, one child was born of the marriage between the parties, namely, Jamie M. DiMartile, bom June 22, 1989; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not 1 molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from John J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal advice from James A. Miller, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, 2 earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any fii Cher enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband agrees that he has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania. The parties agree that, at the end of the statutory waiting period, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with a copy of the Decree. 3 5. EQUITABLE DISTRIBUTION. A. Real Estate. Husband will retain as his sole and separate property the real estate located at 1019 Dogwood Lane, Enola, Pennsylvania which is currently owned by the parties as tenants by the entireties. Wife shall execute, at the time of the execution of this Agreement, a Deed to the premises transferring all right, title and interest to Husband. Wife shall payoff the balance on the home equity loan against the property and shall indemnify and hold. Husband harmless on the said loan currently with Mellon Bank, or its successor banking institution until paid in full. Currently the loan has a balance of approximately $10,000.00. The said payoff by Wife shall occur within thirty (30) days of the date of this Agreement. Wife shall provide evidence to Husband at the time of the payoff. Wife shall be entitled to remain in the residence until September 30, 2005 at which time she shall vacate the residence. In the event Wife fails to vacate the residence by September 30, 2005, she shall pay to Husband the amount of $30.00 per day for each and every day she remains in the residence beyond that date. Upon Wife vacating the residence, she shall turn over all keys to Husband and shall no longer have access to the property for any purpose. B. Furnishings and Personalty. The parties shall divide between them to their mutual satisfaction all furnishings and other personal property located in the Marital Residence. Said division shall be accomplished prior to September 30, 2005, the date Wife must move from the residence. All personal property remaining in the residence after September 30, 2005 shall become the sole and separate property of Husband except as specifically agreed upon in writing by the parties. In the event the parties cannot agree on the distribution of their personal property, the matter may be submitted by either party to the Court of Common Pleas, Cumberland County, Pennsylvania. C. Motor Vehicles. (1) Husband shall retain the 1997 Chevrolet Blazer and shall have in place his own automobile insurance upon execution hereof. 4 (2) Wife shall retain her leased interest in the 2000 Volvo S40. Wife shall assume sole responsibility for the said lease and shall indemnify and hold Husband harmless on same. (3) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. D. Life Insurance. Each of the parties shall retain any life insurance policies in their individual names. E. Pension and Retirement Benefits. Wife shall retain has her sole and separate property her annuity through Nationwide and her profit sharing plan through Allstate. Husband shall retain his IRA with Allstate. F. Bank Accounts. The parties have divided to their satisfaction joint bank accounts owned by the parties. Any bank accounts in the parties' individual name shall remain their sole and separate property. G. CDs. The parties have cashed and divided certificates of deposits held with Harris Savings and PNC Bank. Each party will retain the proceeds previously distributed to them. H. Safe. The parties have a safe located at the marital residence. The contents of which shall be divided between the parties based on their mutual agreement. 1. Cash Payment. Wife will pay to Husband at the time of the execution of this Agreement, the sum of $5,000.00 representing the completion of the equitable distribution of marital property. This payment of $5,000.00 to Husband shall have no tax consequence to either party. J. Bonds. The parties have acquired, during the course of their marriage, savings bonds which they intend to retain for the purpose of their daughter's education. The parties shall, within thirty (30) days of the execution of this Agreement, inventory the said bonds and make a determination as to the amount currently being held. The party retaining the bonds shall be responsible for the application of those bonds to their daughter's education. In the event 5 the bonds are not necessary for the education of their daughter, the parties shall hold them to be gifted to their daughter at a later date by agreement of the parties. K. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. L. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. M. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. N. Marital Debt. There is no marital debt of the parties with the exception of the Mellon Bank home equity loan for which Wife is assuming responsibility. 0. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, 6 and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. P. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. Q. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. R. Warrantv as to Future Oblisations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, 7 interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. SUPPORT. A. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Except as provided herein, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. In the event Wife seeks a child support payment from Husband for the parties' minor child at any time prior to her attaining the age of majority, Husband shall be immediately entitled to receive from Wife an alimony payment to be established by the application and the support guidelines more particularly set forth in Pennsylvania Rules of Civil Procedure, Rule 1910.16-4 Part IV, spousal support or alimony pendente lite. The said alimony due Husband shall be calculated based on this formula and shall be payable to Husband in the amount determined by the guideline formula for a period of time continuing until the termination of any child support award secured by Wife. The said alimony payment shall be wage attached. The Court of Common Pleas, Cumberland County, Pennsylvania, shall retain jurisdiction of the alimony claim. B. CHILD SUPPORT. The parties have agreed because of the method in which equitable distribution occurred and because of the parties' mutual waivers, including but not limited to Husband's waiver of spousal support, alimony and alimony pendente lite, any child support due to Wife or Husband for support of the parties' minor child has been either prepaid or waived. In this regard and at the time of execution hereof, Wife will not receive child support and Husband will not receive alimony. Further, in the event Husband at some point in the future 8 would be entitled under Pennsylvania law to receive child support from Wife, based upon the terms herein Husband does waive such right to receive support from Wife. Moreover, provided Wife's financial circumstances are relatively similar to her financial condition at the time of execution hereof, in the event Wife seeks child support for the parties' minor child, Husband shall be entitled to an award of alimony as more particularly set forth in paragraph 7(A) hereof. Wife recognizes that her right to seek child support may continue regardless of the prepayment of the child support as contemplated in the distribution of the property and the entry of this Agreement. Nonetheless, Wife further acknowledges that she will have an alimony obligation to Husband by seeking child support and such action on Wife's part shall trigger the right of Husband to seek that alimony payment even after the finalization of the Decree in Divorce. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming 9 the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of 10 the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: John M. DiMartile 10 19 Dogwood Lane Enola, PA 17025 and to Wife, if made or addressed to the following: Karen V. DiMartile 10 19 Dogwood Lane Enola, PA 17025 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last parry to execute this Agreement. 12 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 13 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. CU?1,ttr WITNESS' ohn M. DiMartile K en . DiM 14 Distribution of Personal Property- To Be Retained BV The Wife Re: DiMartile v DiMartile Kitchen Items Computer Room Various Dishes Bed Silverware Filing Cabinets Utensils Bread Box Knife Sets Trivets Miscellaneous Canisters Curio Cabinet Treadmill Dining Room Set Washer and Dryer Giraffes Shop-Vac Picture Post-separation purchases Sconces Sun Room End Tables Pictures Sconces TV/TV Stand Living Room Pictures Big Screen TV End Tables Piano 15 ? ., f.J c: ? c_> .n (?l C'°) '. Q? .L ..J ?7 T{ T -±? .. _, j-? ."J ?, r .?1 ': i.7 ?l JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 99 - 7552 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (3X) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: December 27, 1999 by restricted delivery, certified mail no. Z 448 660 657. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: September 15, 2005; Defendant: August 28, 2005. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated August 28, 2005. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: September 15, 2005; by Defendant: August 28, 2005. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both the Plaintiff's and Defendant's Waivers were filed on September 16, 2005. JAMES, SMITH, DIETTERRICK & CONNELLY LLP Date: October] , 2005 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 Post Uthce Box 650 N F)_ ,-a .-: , Q -st ^ .-l .?-. ?? _ ? ;7 sv- . G,, _._ ,I ,_ ; --? ?. i'? , .- 7, . f y { ..„ _s JOHN M. DiMARTILE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENN V. : NO. 9 ASS c KAREN V. DiMARTILE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 Jr., Esquire JOHN M. DiMARTILE, Plaintiff V. KAREN V. DiMARTILE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. q 9_ 7 i 5 Z ? T CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. :NO. 92 - 7 t ,Y2. Oc,.,-t T¢ KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE Plaintiff is John M. DiMartile, social security no. 182-52-6076, who currently resides at 1019 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Karen V. DiMartile, social security no. 174-56-3730, who currently resides at 1019 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 3, 1986, in Enola, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. The Defendant is not a member of the Armed Services of the United States of America or its Allies. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since December 13, 1999. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that he is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render his condition intolerable and life burdensome. 12. This action is not collusive. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 13. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 14. Plaintiff is unable to support himself through appropriate employment. 15. Plaintiff lacks sufficient property and income to provide for her/his reasonable needs. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 16. Plaintiff does not have sufficient funds to support himself and pay the counsel fees and expenses incidental to this action. 17. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; C. directing the Defendant to pay alimony to Plaintiff, d. directing the Defendant to pay alimony pendente lite Plaintiffs counsel fees and the cost of this suit; and for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date BY Esquire Attbmn for Pia Post ffice Box Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading 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 unswom falsification to authorities. Date: /69 - c) ezel°L?-./'/?y M. DiMartile, Plaintiff JfAn o-N " cam, G M CY C` CJIwA]MW810N OP PBNBV LNNAA NtPL,ST REV. eao OvPBR,BTraPIrL,ITH VITAL RBCOROS RECORD OF oo//yt????11 DIVORCE OR ANNULMENT c?%? YY1AEt°.1 AIJI? IZ (CHECK ONE) ? HUSBAND STATE FILE NUMBER SIRE FILE OATE OF BRIM THIS BLACK I I q ? ? ISaePhl MARRIAGE l&A)ST(uc_1oo 6_) er_ WIFE S. MAIDEN NAME (Abdaw (L1W S. GATE IA*"" (O+Y/ y~ l BRT SIL1VDE.a I?f EIU y. I ti1Wl?7lLE I10. RESIOENCE ' S~ w R.0. GA% Bow//y Am Cowry ?/5 SbN 11. PLACE (SW, y AVOW Co.. lA)(3 /AI/tGi 111A Milt t-4111, IA /l:ernAA2 Pl Y),i A 10? -OF.Y?I IA7LJ L .'V MN IL NUMBER RA CE t ,USUAL OCCUPATION OF THIS WHITE SLACK OTHERISPec" MARRIAGE cl 11 &Alous M AKA SEPL 1S. PLACE OF I r4m, a Fn wCPM" 1L OREOF (MAM) RAO (ymo THIS MARRIAGE )OF AJA A THIS MARRAGE d4 -Z) I 17X NUMBER OF 17S. NUMBER OF DEPENOeir 1L PLA INTIFF 1B. DECREE GRANTED TO CHILDREN TNIS CHILDREN UNDER 18 HU SBAND WIFE O7HERIS ocM W"ANO WIFE OTHERC;*moty) MARRIAGE 1 1 I 9 ? ? ? ? W. NuM OF HUJILYVO mFE JYLII UTHEH LSOwW Zl. I.ETAAl urIRlNpi FtJfi C"WRENN ES(nE 11U DAORCE OR ANNULMENT CUSTODY OF ? ? SAM HLYQSEfFC?D 3 ? of THE pI uo4"5 E 2Y. DATE OF DECREE (Mmfh) (Dry" (HPO 1 £f. DATE REPORT SENT (AbuA) PAW - (Y*" 24. SIGNATURE OF TRANSCRIBING CLERK JOHN M. DIMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7552 KAREN V. DIMARTILE, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this. ? day of 2000, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Karen V. DiMartile, on December 27, 1999 by certified mail number Z 448 660 657, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and 3nbscrib,ed before me Phis day of Notary Public 2000. Notarial Seal Stephanie L Gaffeyp? pr,yli? ?? ?• 26.20b2 Mer - PeareyhanNa Assacleaon ot WaW 'r m SENDER: I also wish to receive the 9 M • Complete items 1 and/or 2 for additional services, • Complete items 3, 4a, and 4b. following services (for an a • Print your name and address on the reverse of this form so that we can return this card to ou extra fee): Y y or on the back if space does not • Attach this farm to the front of the misplace 1. ? Addressee's Address ro , Pennd. • Write "Return Receipt Requested" on the mailpiece below the article number. 2.P-f3estricted Delivery m .t. • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. $ 0 3. A icle Addressed to: rt 4a. Article N umber J j ? CL ll- C19 >'lG?(]OC??1Gr/?E? 46. Service Type ? Registered Certified % gr 0 7 o - G IJ?' C ?? 1 /"h ? Express Mail ? Insured ? Return Receipt Pr Mercha ise ? COD c 7. Date eliv /1 3 fGi ? i 5. Received 8y: (Print Name) B. Addressee's Address (On it requested Y and lee is paid) q c 6. Sign ddr ssee at)??iIr-f 5 0 Ps m 38 er 1994 102595-981 Domestic Return Receipt JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: 01 HN M. DiMARTILE, Plaintiff c? d o ? T "Ut i` N ' mrg, ;?- ?, , s? i -ro ?? ?l ' ? _ T? ' ' (?., ? ? i ? TQ ??% G_ ? 1?1 ? ? JOHN M. DiMARTILE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 99 - 7552 CIVIL KAREN V. DiMARTILE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. 0 W4 ? Date: KA V i TILE, Defendant mrr', m -mss j..F.. rn:- _ tT 6 ? r o ' C , ? C c y? o -- _ t s C- 3 3 2 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY r, STATE OF PENNA. JOHN M. DiMARTILE, Plaintiff NO. 99-7552 VERSUS KAREN V DiMARTILE. Defendant DECREE IN DIVORCE AND NOW, ?G?lw /g ` 2005 IT IS ORDERED AND DECREED THAT JOHN M. DiMARTILE PLAINTIFF, AND KAREN V. DiMARTTLF DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement is hereby BY THE COURT: PROTHONOTARY 1-2-7, V J (? - (,?t