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07-2770
o7 -aA,ro C'«?C,`r IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY Fifty - Ninth Judicial District NO: 04- 4056 DEBT: $ 0.00 RECORDED: 10/25/04 SURCHARGE: 10.00 BOOK: PAGE: 0 PRO: 40.50 KIND: DIV JCP FEE: 10.00 SAT DATE: 11/29/06 <PLAINTIFF> 1 EVANS RICHARD J <DEFENDANT> 1 EVANS JOANN T OCTOBER 25, 2004 - Plaintiff's Complaint in Divorce filed by WILLIAM D. KRAUT, ESQ. SAME DATE: Certified copy of Complaint with endorsement thereon to plead to same, issued for service upon the defendant. Verification and Entry of Appearance filed: NOVEMBER 13, 2006 - Praecipe to Enter Appearance filed by Quintina M. Laudermilch, Esquire on behalf of defendant. Petition to Transfer Matter to Cumberland County filed. Entire file sent to Judge for review and Order. NOVEMBER 29, 2006 - ORDER OF COURT - NOW, this 22nd day of November 2006, upon consideration of defendant's petition to transfer, IT IS ORDERED that the petition is GRANTED and the case is TRANSFERRED from the Court of Common Pleas of Cameron County to the Court of Common Pleas of CUMBERLAND County. Plaintiff shall pay all costs incident to the transfer of this action within thirty (30) days of the date of this order. BY THE COURT /s/ Richard A. Masson, President Judge. SAME DATE - Copies sent to the Court of Common Pleas of Cumberland County, William D. Kraut, Esquire for plaintiff, Quintina M. Laudermilch, Esquire for defendant and file. True and Correct copy Certified from the records of Cameron Co Deputy Prothonotary IN THE COURT OF COMMON PLEAS OF THE FIFTY-NINTH JUDICIAL DISTRICT RICHARD J. EVANS, COUNTY BRANCH-CAMERON Plaintiff/Respondent CIVIL ACTION-LAW vs. Docket No. 2004-4056 JOANN T. EVANS, Defendant/Petitioner Petition to Transfer Matter Divorce Filed on Behalf of Joann T. Evans, Defendant/Petitioner Counsel of Record for this Party: : Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 : (717) 657-4795 True and Correct Copy certified from the Records of Cameron Co P papa. Deputy Prothonotary Quintina M. Laudermilch, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 IN THE COURT OF COMMON PLEAS OF THE 59TH JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY BRANCH-CAMERON RICHARD J. EVANS, Plaintiff/Respondent V. JOANN T. EVANS, Defendant/Petitioner AND NOW, this day of CIVIL ACTION-LAW No. 2004-4056 (In Divorce) RULE 2006, upon consideration of the foregoing Petition to Transfer Matter, the Court grants a rule to show cause why the Petitioner is not entitled to the relief requested. Rule returnable within days. BY THE COURT: - J. Quintina M. Laudermilch, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 IN THE COURT OF COMMON PLEAS OF THE 59TH JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY BRANCH-CAMERON RICHARD J. EVANS, Plaintiff/Respondent V. = JOANN T. EVANS, - Defendant/Petitioner CIVIL ACTION-LAW No. 2004-4056 (In Divorce) PETITION TO TRANSFER MATTER AND NOW, this ATay of November, 2006, comes Petitioner, Joann T. Evans, by and through her attorneys, Daley, Zucker & Gingrich, LLC, and files the following Petition to Transfer Matter as follows: 1. The Petitioner, Joann T. Evans, is an adult individual who resides at 721 15'' Street, New Cumberland, PA 17070 in Cumberland County. 2. The Respondent, Richard J. Evans, is an adult individual who now resides at 4 Bross Drive, East Berlin, PA 17316 in York County. 3. A Complaint in Divorce was filed by the Respondent on October 25, 2004, in Cameron County, even though neither the Respondent nor the Petitioner resides in Cameron County. 4. There are matters incident to the divorce that will require additional intervention by the court. True and Correct Copy certified from the Records of Cameron C.b na. Deputy R Gtnorotarv '` T::,_ . 5. The Petitioner does not agree to venue and asks the Court to transfer the matter to the Court of Common Pleas of Cumberland County, Pennsylvania, where Petitioner resides. 6. Transferring the matter Cumberland County would be beneficial because the Petitioner resides in Cumberland County, the Respondent resides in neighboring York County, and it allows for more readily available access to the Court in order to resolve the instant matter. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order directing this matter to be transferred to the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC By. - ? i 4uintina A Laudetmilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Petitioner True and Correct Copy certified from the Records of Cameron Co Ana. CERTIFICATE OF SERVICE I, Jennifer L. Carl, Paralegal, hereby certify that on this q_Y1_A day of 2006, a copy of the foregoing Petition to Transfer Matter was placed in the United States Mail, postage pre-paid, addressed as follows: Date //- 9 - &Gp William D. Kraut, Esquire DIVORCE LAW CENTER 123 East Gay Street West Chester, PA 19380 J i r L. Carl, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 True and Correct Copy Certified from the Records of Cameron Co P a. eputy Prothonotary Quintina M. Laudermilch, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 IN THE COURT OF COMMON PLEAS OF THE 59TH JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY BRANCH-CAMERON RICHARD J. EVANS, Plaintiff V. CIVIL ACTION-LAW No. 2004-4056 JOANN T. EVANS, Defendant (In Divorce) PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Joann T. Evans, in the above- captioned matter. DALEY, ZUCKER & GINGRICH, LLC Date: 'q r7 b By: - intina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant cc: William D. Kraut, Esquire, Attorney for Plaintiff, Divorce Law Center, 123 East Gay Street, West Chester, Pennsylvania 19380 Joann T. Evans, 721 15`h Street, New Cumberland, Pennsylvania 17070 True and Correct Copy certified from the Records of Cameron Co a. Depu,y JENNIFER L. CARL PARALEGAL (717) 657-4795 EMAIL: JCARL@DZGLAW.COM DALEY, ZUCKER & GINGRICH, LLC Cameron County Prothonotary Cameron County Courthouse 20 E. Fifth Street Emporium, PA 15834 November 9, 2006 Re: Evans v. Evans Docket No. 2004-4056 Dear Sir/Madam: ATTORNEYS AT LAW OF COUNSEL: KATHLEEN CAREY DALEY, ESQUIRE PATRICIA CAREY ZUCKER, ESQUIRE KATHLEEN MISTURAK-GINGRICH, ESQUIRE SANDRA L. MEILTON, ESQUIRE LINDSAY GINGRICH MACLAY, ESQUIRE QUINTINA M. LAUDERMILCH, ESQUIRE PATRICIA A. PATTON, OFFICE MGR./PARALEGAL Enclosed please find the Petition to Transfer Matter and two (2) copies, Praecipe to Enter Appearance and three (3) copies, along with a check for $39.00 for the filing fees and a self addressed, stamped envelope for return of the time-stamped documents to our office. Should you have any questions or need further information, please do not hesitate to contact me at the number listed above. Thank you for your attention in this matter. Very tray yours, LEY. ZUCK GINGRICH, LIi.C - ° . --? Jennifer L. Carl I Paralegal ljlc Enclosures True and Correct cc: Joann T. 1&jM6ff'l1' William 1ReK0nt toE@V 0?(%rney for Plaintiff P a. Deputy Prothonotary 1029 SCENERY DRIVE, HARRISBURG. PA 17109 - 7 EL: '717.657..4795 FAX: 717.657.4996 IN THE COURT OF COMMON PLEAS OF THE 59TH JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY BRANCH - CAMERON Richard J. Evans : IN THE COURT OF COMMON PLEAS 721 15`h Street New Cumberland, PA 17070 SS# 188-50-9251 Plaintiff . CAMERON COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW G? Joann T. Evans No. 2004- 721 15`'' Street New Cumberland, PA 17070 c-n SS# 202-46-6483 Defendant IN DIVORCE ' j ? T3 NOTICE TO DEFEND AND CLAIM RIGHTS --; 1 ou wish to defend against the claims set forth in the If t C d i y our . n You have been sue following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or 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 Cameron County Courthouse, Emporium, PA 15834. 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. David J. Reed, Prothonotary Cameron County Courthouse Emporium, PA 15834 TELEPHONE: (814) 486-3355 True and Correct Copy certified from the Records of Cameron Co P a. Deputv Prothon-lar'Y William D. Kraut, Esquire Attorney for Plaintiff, Richard J. Evans Attorney I.D. # 22687 123 East Gay Street West Chester, Pennsylvania 19380 Telephone: (610) 696-8200 Richard J. Evans IN THE COURT OF COMMON PLEAS 721 15`h Street New Cumberland, PA 17070 SS# 188-50-9251 Plaintiff CAMERON COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Joann T. Evans No. 2004 - 721 15th Street New Cumberland, PA 17070 C SS#202-46-6483 Defendant IN DIVORCE E • 1 ? ?.M1 COMPLAINT UNDER § 3301(c) OR § 3301(d) OF THE DIVORCEOl 1. Plaintiff is Richard J. Evans, a resident of Cumberland County, Pennsylvania, lesAing ftf 721 15`h Street, New Cumberland, PA 17070. 2. Defendant is Joann T. Evans, a resident of Cumberland County, Pennsylvania, residing at 721 15`h Street, New Cumberland, PA 17070 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on 08/22/81 in Camp Hill, PA. 5. The marriage is irretrievably broken. 6. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Solider's & Sailor's Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. True and Correct Copy certified from ?tth?e 30IC100404.wpd GAPilotti\laNG\20o4 Cc?ea6? e, ansRi Co nna. ,meron vv G ... y I ) 1? *rv DIVOR Z' LATER By: W iam D. Kraut, Esquire C: VERIFICATION j Cn V 5 +yp i COMMONWEALTH OF PENNSYLVANIA a a ss COUNTY OF CUMBERLAND I, Richard J. Evans being the within named Plaintiff in the foregoing matter, verify that the facts and statements set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the provisions of 18 Pa. C.S., § 4904, relating to unsworn falsification to authorities. True and Correct Copy certified from the Records of Cameron Co far na. RkAard J. E ans Deputy Prothonotary • William D. Kraut, Esquire Attorney for Plaintiff, Richard J. Evans Attorney I.D. # 22687 123 East Gay Street West Chester, Pennsylvania 19380 Telephone: (610) 696-8200 Richard J. Evans SS# 188-50-9251 Plaintiff vs. Joann T. Evans SS#202-46-6483 Defendant : IN THE COURT OF COMMON PLEAS : CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 2004 - 40 IN DIVORCE f Q 3 , 1 T a cn # a- N k ENTRY OF APP CE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Richard J. Evans in the above-captioned matter. DIVORCE LAW CENTER By: 4.am D. Kr®.ut, Esquire 687 7 Attorney ID # 22 True and Correct Copy certified from the P(Cords of Cameron Co P r Deputy Pre,ho, o'a;,; W W Oru -J 1? -41 N O m hi -? _ t ' ` .- _ C3 ?? :I7 Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermitch@dzmtnglaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff CIVIL ACTION - LAW V. No. 2007-2770 JOANN T. EVANS, (In Divorce) Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or 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, High and Hanover Street, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY ZUCKER MEILTON MINER& GINGRICH, LLC V14 Date: By: 4uintidn-ai-M. Laudermilch, Esquire Supreme Court I.D. #94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Defendant Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilchAdzmmalaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff V. JOANN T. EVANS, Defendant CIVIL ACTION - LAW No. 2007-2770 (In Divorce) PETITION FOR EQUITABLE DISTRIBUTION, ALIMONY AND COUNSEL FEES AND EXPENSES AND NOW comes Defendant, Joann T. Evans, by and through her counsel Daley Zucker Meilton Miner & Gingrich, LLC, and files the within Petition for Equitable Distribution, Alimony and Counsel Fees and Expenses: 1. The Plaintiff, Richard J. Evans, filed a Complain tin Divorce on October 25, 2004 in Cameron County, Pennsylvania. 2. On November 3, 2006, the Defendant, Joann T. Evans, filed a petition to transfer the divorce proceedings to Cumberland County, which was granted and docketed at the above- referenced docket number. 3. The Honorable M.L. Ebert has signed Support Orders docketed to No. 00956 S 2006, PACKS 047108723; however, there have been no other prior issues related to the above- referenced matter brought before this Honorable Court. 4. On October 22, 2007, Jennifer L. Carl, Paralegal for Daley Zucker Meilton Miner & Gingrich, LLC, contacted G. Patrick O'Connor, Esquire, counsel for Richard, and advised that this Petition would be filed; however, Mr. O'Connor does not concur with the filing of this Petition. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 5. Paragraphs 1-4 are hereby incorporated by reference. 6. Plaintiff and Defendant are the joint owners as tenants by the entireties of real estate which is subject to equitable distribution by this court. 7. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 8. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. ALIMONY 9. Paragraph 1-8 are hereby incorporated by reference. 10. Plaintiff has inadequate means of support for herself except as provided for by Defendant. 11. Plaintiff is employed part-time with the West Shore School District earning less than $8,000 in gross income annually. 12. Defendant is self-employed as truck driver earning an annual gross income in excess of $50,000. COUNSEL FEES AND EXPENSES 13. Paragraphs 1-12 are hereby incorporated by reference. 14. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 15. Defendant is full well and able to pay counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce from the bonds of matrimony; equitably distribute all property owned by the parties hereto; direct the Defendant to pay Alimony to the Plaintiff; direct the Defendant to pay Plaintiff's counsel fees and the cost of this proceeding; and grant such further relief as the Court may determine equitable and just. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC _ZZ Dated: -'- By: e 4inutina M. Laudermilch, Esquire Z"m Supreme Court I.D. #94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Defendant VERIFICATION I, Joann T. Evans, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: A I)Z31 D Jok4n T. Evans, Defendant CERTIFICATE OF SERVICE AND NOW, this 1 :2- day of 2007, I, Quintina M. Laudermilch hereby certify that I have this day served a copy of the within Petition for Equitable Distribution, Alimony, and Counsel Fees and Expenses, by mailing same by first class mail, postage prepaid, addressed as follows: G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Counsel for Plaintiff DALEY ZUCKER MEILTON MINER & GINGRICH, LLC uintina M. Laudermilch, Esquire Supreme Court I.D. #94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudennilch@dzmmglaw.com ?eP- ?* ? 7?7 V S?• Y ?.'? ?-,: ,-. ;a ?? +"._. r:_r? .. t -T7 mo . , a --:.r?. ?? ?? z _ ? \ _ 6 .s ? ? y?! Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 tlaudermilch17a,dzmms?law.com RICHARD J. EVANS, Plaintiff V. JOANN T. EVANS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2007-2770 (In Divorce) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or 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, High and Hanover Street, 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 32 South Bedford Street, Carlisle, PA 17013 (717) 249-3166 DALEY ZUCKER MEILTON MINER& GINGRICH, LLC Date: By: .14 0,4grozo, 61ntina M. Laudermilch, Esquire, No. #94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Defendant Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilchAdz nmelaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff V. JOANN T. EVANS, Defendant CIVIL ACTION - LAW No. 2007-2770 (In Divorce) AMENDED PETITION FOR EQUITABLE DISTRIBUTION, ALIMONY AND COUNSEL FEES AND EXPENSES AND NOW comes Defendant, Joann T. Evans, by and through her counsel Daley Zucker Meilton Miner & Gingrich, LLC, and files the within Amended Petition for Equitable Distribution, Alimony and Counsel Fees and Expenses: 1. The Plaintiff, Richard J. Evans, filed a Complaint in Divorce on October 25, 2004 in Cameron County, Pennsylvania. 2. On November 3, 2006, the Defendant, Joann T. Evans, filed a Petition to Transfer the divorce proceedings to Cumberland County, which was granted and docketed at the above- referenced docket number. 3. On November 7, 2007, Defendant filed a Petition for Equitable Distribution, Alimony and Counsel Fees and Expenses. The instant pleading amends said Petition. 4. The Honorable M. L. Ebert has signed Support Orders docketed to No. 00956 S 2006, PACSES 047108723; however, there have been no other prior issues related to the above- referenced matter brought before this Honorable Court. 5. On June 26, 2008, Gloria M. Rine, Paralegal for Daley Zucker Meilton Miner & Gingrich, LLC, contacted William D. Kraut, Esquire, counsel of record for Richard, seeking concurrence or non-concurrence for the filing of the within Amended Petition and spoke with his assistant. Mr. Kraut returned the call to Ms. Rine on said date and advised that he was attorney of record for Richard in the Cameron County action; however, he did not enter his appearance in Cumberland County after the action was transferred. He stated that he no longer represents the Plaintiff and is uncertain of his whereabouts. Mr. Kraut stated no concurrence or non- concurrence with the filing of this Petition. On June 26, 2008, Ms. Rine also spoke with Patrick O'Connor, Esquire, who advised that he was no longer representing Richard. At this time, Defendant is uncertain as to the status of the Richard's representation. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 6. Paragraphs 1-5 are hereby incorporated by reference. 7. Plaintiff and Defendant are the joint owners as tenants by the entireties of real estate which is subject to equitable distribution by this court. 8 Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 9. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. ALIMONY 10. Paragraphs 1-9 are hereby incorporated by reference. 11. Defendant has inadequate means of support for herself except as provided for by Plaintiff. 12. Defendant is employed part-time with the West Shore School District earning less than $8,000 in gross income annually. 13. Plaintiff is self-employed as a truck driver earning an annual gross income in excess of $50,000. COUNSEL FEES AND EXPENSES 14. Paragraphs 1-13 are hereby incorporated by reference. 15. Defendant does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 16 divorce action. Plaintiff is full well and able to pay counsel fees and expenses incidental to this WHEREFORE, Defendant requests this Honorable Court enter a Decree in Divorce from the bonds of matrimony; equitably distribute all property owned by the parties hereto; direct the Plaintiff to pay Alimony to the Defendant; direct the Plaintiff to pay Defendant's counsel fees and the cost of this proceeding; and grant such further relief as the Court may determine equitable and just. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Dated: t?4' 0S By: 't klle? L r? ,GrL Wntina M. Laudermilch, Esquire Supreme Court I.D. #94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Quintina M. Laudermilch, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant in the within action; that she takes this affidavit on behalf of Defendant as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Amended Petition for Equitable Distribution, Alimony, Counsel Fees and Expenses are true and correct to the best of her knowledge, information and belief. Quintina M. Laudermilch Sworn to and subscribed before me this R7 day of 2008. '4' 4f .01 Notary Public i D?lON1?YF??I I OF PMSYLVAMA NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Township, Dauphin County My commission expires November 15, 2011 CERTIFICATE OF SERVICE AND NOW, thisa? 7 day of 2008, I, Gloria M. Rine, Paralegal at Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: William D. Kraut, Esquire 123 East Gay Street West Chester, PA 19380 (Plaintiffs counsel of record) G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Mr. Richard J. Evans 4 Bross Drive East Berlin, PA 17316-8906 Gloria M. Rine ?? ?? .?? ? c_.. ? ?..._.M C . .. - . .a?..? ? ,. . -? ..? ice! i_Y`. ? .. J ? t ? - ?v ^? Quintina M. Laudermich, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tl audermi lch A dzmmglaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff V. JOANN T. EVANS, Defendant CIVIL ACTION- LAW Docket No. 2007-2770 (IN DIVORCE) MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, comes Defendant, Joann T. Evans, by and through her undersigned counsel pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure, to file this Motion to Compel Answers to Discovery. In support thereof, Defendant avers as follows: 1. On October 25, 2004, Plaintiff, Richard J. Evans, filed a Complaint in Divorce in the Court of Common Pleas of Cameron County, Pennsylvania. 2. On November 13, 2006, the undersigned counsel filed, with the Cameron County Court, a Praecipe to Enter Appearance on behalf of the Defendant and a Petition to Transfer the matter to the Court of Common Pleas, Cumberland County, Pennsylvania. 3. On November 22, 2006, the Cameron County Court issued an Order transferring the above-captioned divorce matter to Cumberland County and further ordering Plaintiff to pay all fees associated with the transfer to Cumberland County within thirty (30). 4. Numerous requests were made to Plaintiff to pay the filing fees necessary to have the divorce action docketed in Cumberland County; however, Plaintiff refused and Defendant was forced to pay the filing fees herself in order to have the matter docketed in Cumberland County. 5. On November 7, 2007, Defendant filed a Petition for Equitable Distribution, Alimony and Counsel Fees and Expenses and an Amended Petition to correct some typographical errors was filed on June 8, 2008. 6. In order for Defendant to proceed with the pending divorce action, documentation is needed from Plaintiff regarding the parties' various marital assets. 7. On November 5, 2008, Defendant served on Plaintiff, Defendant's Request for Production of Documents and Defendant's First set of Interrogatories. Copies of the Requests are attached hereto as Exhibits "A" and "B" respectively and incorporated by reference. 8. Pursuant to Rule 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure, the Plaintiff was required to respond to the requests for discovery no later than December 5, 2008, thirty (30) days after the requests were served. 9. As of the date of this filing, Plaintiff has yet to respond to the requests for discovery. 10. When Defendant questioned Plaintiff regarding the status of Plaintiff's response to the requests for discovery, Defendant advised that he was "done with attorneys" and that he refused to respond to the discovery and produce the documents requested. 11. Despite being fully informed of his obligations pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff has failed to timely serve responses and/or objections to Defendant's Request for Production of Documents and Defendant's First Set of Interrogatories. 12. The Honorable M. L. Ebert has signed Support Orders docketed to No. 00956 S 2006, PACSES 047108723; however, there have been no other prior issues related to the above- referenced matter brought before this Honorable Court. 13. Defendant believes and therefore avers that Plaintiff is no longer represented by counsel and therefore concurrence of this Motion has not been sought. 14. Defendant hereby requests this Honorable Court Order Plaintiff to produce all responses and answers to Defendant's Request for Production of Documents (Exhibit "A") and Defendant's First Set of Interrogatories (Exhibit "B") within ten (10) days of the date of entry of the said Order. 14. Defendant requests that said Order specify that no objections shall be permitted because any objections are out of time. WHEREFORE, for the reasons set forth above, Defendant respectfully requests this Honorable Court to grant Defendant's Motion to Compel Answers to Discovery and order Plaintiff to provide responses to Defendant's discovery requests within ten (10) days. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Dated: ?? Cf C?J ,/ f C` uintina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant VERIFICATION I, Joann T. Evans, Defendant, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 91200q Mann T. Evans, Defendant Exhibit "A" Quintina M. Laudermilch, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 daudermilch(a?dzmm21aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RICHARD J. EVANS, : Plaintiff CIVIL ACTION - LAW V. JOANN T. EVANS, Defendant No. 2007-2770 (In Divorce) DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF TO: Richard J. Evans, Plaintiff 4 Bross Drive East Berlin, PA 17316 INSTRUCTIONS AND DEFINITIONS Pursuant to PA.R.Civ.P. 4009.11, you are hereby required to produce the below listed documents and/or items for purposes of discovery at the office of Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, PA 17109. This material will be examined and/or photocopied. Said documents or tangible things are to be produced within thirty (30) days of the date of service hereof and supplemented thereafter in accordance with Pa.R.Civ.P. 4009.11. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered request as a whole. If you have any objection to any request, please state your objection fully and set forth that factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty days of service of these requests upon you, regardless of the time set for production of the documents and things requested herein. You are reminded that any objection not raised within the thirty day period provided for by Pa. R.C.P. 4009.12 will be deemed to have been waived by you. These requests are not only for documents and tangible things that are owned by you, but also for documents and tangible things that are in your possession, custody, or control. This means that you must produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession. It. also means you must produce documents and tangible things that are in the possession, custody or control of your agents, employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any such legal entity should be construed accordingly. "Plaintiff 'means the particular plaintiff or plaintiffs in this action. "Defendant" means the defendant or defendants named in this action to whom this requests is addressed, as set forth above. "Document," "record," "file," and "report" all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. "Identify" when used in reference to an individual means: (i) To state his/her full name. (ii) Present residence or last known residence. Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 tlaudermilch607mm2law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RICHARD J. EVANS, : Plaintiff ; V. JOANN T. EVANS, Defendant CIVIL ACTION - LAW No. 2007-2770 (In Divorce) DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF 1. Complete federal and state individual and/or joint personal income tax returns, and any amendments thereto, including W-2 Forms, 1099 Forms., an all attached schedules file by you, or on your behalf for 2006 and 2007. 2. All financial statements, including any and all balance sheets, prepared by you or on behalf of R. J. Evans Transport for 2006 and 2007. 3. Verification of any and all income you have received from January 1, 2007 to present from R. J. Evans Transport and/or from any other source, including copies of all pay stub and/or checks paid to you. 4. All statements, including cancelled checks, issued by any bank, savings institution, or other financial institution to include any account for which you are a owner, joint owner, or signatory from September 1, 2003 to present. 5. All loan applications and loan documents pertaining to any sums of money borrowed or to be borrowed by you, individually or jointly with any other person, or as guarantor from September 1, 2003 to present. 6. Copies of any and all statements verifying the value of your Putnam IRA and PSECU IRA from September 1, 2003 to present. 7. All monthly credit card statements and other charge account statements for any accounts in your name individually or jointly with any other person for September 1, 2003 to September 1, 2004. 8. Documentation verifying the sale by you of any asset having a value in excess of $500.00 from September 1, 2003 to present. 9. All Agreements of Purchase, or Sales Agreements or settlement statements of any and all real estate transactions for real properties presently owned or sold by you from September 1, 2003 to present. 10. All mortgages, mortgage notes, home equity loans, home equity lines of credit and/or bonds relating to any real estate that you presently own, and current statements showing the balances on such obligations. 11. All documents pertaining to the sale and/or purchase of any and all motor vehicles, including, but not limited to trucks and trailers, presently owned by you, or in which you had an interest during the last five (5) years, including a copy of the title(s) to said vehicle(s). 12. All life insurance policies and annuity policies in which you have any interest as an owner, insured, or beneficiary, including any change of beneficiary forms executed by you within the last five (5) years. 13. All writings or statements issued since September 1, 2003 respecting the paid-up value, cash surrender value, and/or loan value of any insurance policy identified in No. 12 above. 14. All appraisals of any and all real estate owned by you individually, or jointly with another person, in the past five (5) years. 15. All deeds of any and all real estate owned by you individually, or jointly with another person, in the past five (5) years. 16. Any and all documents used to support your answers to the Defendant's First Set of Interrogatories. Respectfully Submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Date: L 1?te By: uintina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery :Drive Harrisburg, PA 17109 (717)657-4795 Attorney for Defendant CERTIFICATE OF SERVICE I, Quintina M. Laudermilch, Esquire, hereby certify that on this day of - 54k- Grt L , 2008, a true and correct copy of the Defendant's Request for Production of Documents Addressed to Plaintiff was served upon Plaintiff, by United States Mail, Postage pre-paid, to the following address: Richard J. Evans, Plaintiff 4 Bross Drive East Berlin, PA 17316 Respectfully Submitted, DALEY ZUCXER MEILTON MINER & GINGRICH, LLC By: Qiuntina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 Exhibit "B" Quintina A Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 tlaudermilch@dzmm,gla,,v.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RICHARD J. EVANS, Plaintiff CIVIL ACTION - LAW V. JOANN T. EVANS, Defendant No. 2007-2770 (In Divorce) DEFENDANT'S FIRST SET OF INTERROGATORIES ADDRESSED TO PLAINTIFF TO: Richard J. Evans, Plaintiff 4 Bross Drive East Berlin, PA 17316 Joann T. Evans, Defendant, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, hereby propounds the following Written Interrogatories pursuant to Rule 4005 of the Pennsylvania Rules of Civil Procedure. Full and complete answers, under oath or in the manner prescribed by the rules of this Court are required to be filed within thirty (30) days after service upon you. You are notified that your Answers, duly executed and sworn, must be entered after the corresponding numbered Interrogatory or part thereof, attaching; addition pages as may be required for complete answers. These Interrogatories are continuing in nature. If the responses to the questions change or the Defendant/Respondent becomes aware of new information, there is an obligation to supplement the responses. Failure to do so may result in the imposition of sanctions. Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown," that must be written as the answer. If the question is inapplicable, "N/A" must be written in the answer. Whenever a date, amount, or other computation or figure; is requested, the exact date, amount, computation, or figure is to be given unless it is unknown. If so, give the best estimate or approximation that you can and note that your answer is an estimate or approximation. Whenever the word "identify" or "identity" is used in reference to a person, corporation, or other entity, this means to state, if appropriate, his, her, or its full name, present address, and business affiliation. Quintina A Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657- 4795 tlaudennilch@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RICHARD J. EVANS, Plaintiff CIVIL ACTION - LAW V. No. 2007-2770 JOANN T. EVANS, (In Divorce) Defendant DEFENDANT'S FIRST SET OF INTERROGATORIES ADDRESSED TO PLAINTIFF 1. State your full legal name, or any other name by which you are known. ANSWER: 2. Please state your current address and the date upon which you began residing there. ANSWER: 3. a. Do you presently maintain any credit cards for your personal use? b. Do you have the use of credit cards supplied by your employer? ANSWER: 4. If you answered yes to the previous Interrogatory, for each card state: a. The name of the issuer. b. The card number. C. To whom the card is issued. d. Date the date was issued. e. The name and address of each person who may use the card. f. The balance of the account as of September 1, 2003, if applicable. g. The present balance of the account. ANSWER: 5. Do you and/or you and your spouse have a line of credit with any financial institution? If so, provide the name of the lending institution and the amount owed on the line of credit, and maximum amount that can be borrowed. Are the payments current? Please attach a copy of the most current statement. ANSWER: 6. If you have removed any funds from any source in the last five (5) years, including, but not limited to, your IRA accounts, please respond to the following questions: a. List all of the sources from which you have withdrawn funds. b. What were the dates of these removals? C. Indicate the amount of the funds withdrawn from each of the above sources. d. In whose possession and where are those funds? e. In whose name were the funds listed prior to their removal? f. What were the purposes for those withdrawals? g. Attach all financial statements associated with each withdraw(s). ANSWER: 7. Have you loaned or given any money or property having a value in excess of $500.00 to relatives, friends, or anyone else since the date of your marriage to Defendant? ANSWER: 8. If so, for each person receiving such money or property state: a. The name and address of the person. b. Whether the money or property was a gift or loan. C. The total amount of loaned of given. d. The date of each loan or gift. e. The reason for each loan or gift. f. A description of any consideration or evidence of indebtedness received in exchange for such loan or gift. g. If a loan, detail the amount of the obligation, the loan payments and current balance due. ANSWER: Trace the proceeds, whether cash or other property, from each asset or business interest that was sold or disposed of during the past five (5) years: ANSWER: 10. Identify each record and source of information from which such tracing can be made and attach a copy hereto. ANSWER: 11. If you have disposed of any marital or nonmarital property, real or personal, in the past five (5) years, having a value in excess of $500.00, detail the following: a. Description of the item. b. When the item was sold, loaned, leased, or ;gifted. C. What consideration was received by you for the item? d. Where the proceeds of sale were deposited. e. In whose name they were deposited. ANSWER: 12. Do you own or did you own as of September 1, 2003 any mortgages against any real estate owned by you or any other person? ANSWER: 13. If so, please answer the following: a. The name of the mortgagor. b. The date of the original mortgage and a copy of the accompanying note. C. The amount of the periodic payments(s). d. Date final payment is due. e. Are the mortgage payments current? f. If the mortgage payments are not current, what amount of the payments are in arrears? g. The amount of the principal balance due. ANSWER: 14. List all banks, savings and loans, credit unions, and. financial institutions in which you individually, or jointly with another person, have or had, commencing from six months prior to September 1, 2003 to present, an account in which funds are or were held or upon which you had signature. ANSWER: 15. Do you own, individually or jointly with another person, any certificates of deposit, treasury notes, or other depository receipt of any kind? ANSWER: 16. If so, please state: a. In whose name are the documents registered.? b. What is the current face value of these instruments? C. If there is a maturity date for these instruments, what are those dates? d. What is the location of these instruments? ANSWER: 17. List all outstanding debts you are obligated to pay, :having a balance in excess of $300.00 for each debt and which have had an outstanding balance for more than thirty (30) days. ANSWER: 18. Do you claim that there is property in existence, whether owned individually or with another person, that is your separate property, and not marital property, as defined in the Pennsylvania Divorce Code? If so, for each and every item of such property, state: a. Description of the property. b. Present location and the name and address of person in possession and the basis for such right of possession. C. Basis for your contention that it is not marital property. d. What you contend to be the present fair market value of the property and the basis for your answer. e. Description and current amount of each lien, pledge, mortgage, other encumbrances, or claim against the property. f. The purchase price and terms of purchase if other than a cash transaction. g. Date of acquisition. h. Method of acquisition including the source of funds used to purchase the property. i. The name, address, and relationship to you, if any, of all owners of record of the property. j. Is your ownership interest in that asset recorded in any public record document? If so, please provide full information relating to the recordation. ANSWER: 19. Please provide the address and/or brief description of each piece of real estate, owned by you individually or jointly with another person, for the last five (5) years, indicating whether there is a structure on the property or vacant property only. ANSWER: 20. For each piece of real estate identified above, please state: a. Date of acquisition. b. Cost at acquisition. C. Tax basis of real estate. d. Current value. e. The ownership and identity of each person having an ownership in the real estate. f. Whether any of the above listed real estate has been sold or otherwise transferred during the last five (5) years. If so, identify the property sold or transferred, the date of transfer and the amount received for the sale or transfer. g. Whether any of the above-listed real estate has been listed for sale. If so, on what date, and at what listing price? Have there been any offers to purchase? ANSWER: 21. For each vehicle owned by you individually or jointly with another person, in the last five (5) years, including all trucks and trailers, please state: a. Make and model of the vehicle/trucks/trailer. b. Date of acquisition. C. Cost at acquisition. d. Current value. e. Whether any of the above listed vehicles/trucks/trailers have been sold or otherwise transferred during the last five (5) years. If so, identify the vehicle/truck/trailer sold or transferred, the date of transfer, the amount received for the sale or transfer, the disposition of the funds received from the sale or transfer. f. Provide any and all Documentation regarding the sale or transfer of any vehicle/truck/trailer. ANSWER: Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: / By: -Qfiintina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657- 4795 Attorney for Defendant CERTIFICATE OF SERVICE I, Quintina M. Laudermilch, Esquire, hereby certify that on this day of In/i'NPY lx,r- , 2008, a true and correct copy of the Defendant's First Set of Interrogatories Addressed to Plaintiff was served upon Plaintiff, by United States Mail, Postage pre-paid, to the following address: Richard J. Evans, Plaintiff 4 Bross Drive East Berlin, PA 17316 Respectfully Submitted, DALEY ZUC.KER WILTON MINER & GINGRICH, LLC By: ^ uintina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, PA. 17109 (717)657-4795 CERTIFICATE OF SERVICE I, Amanda M. Shull, Paralegal, hereby certify that on this day of April, 2009, a true and correct copy of the Motion to Compel Answers to Discovery was served upon Plaintiff, by United States Mail, Postage pre-paid, to the following address: Richard J. Evans 4 Bross Drive East Berlin, PA 17316 Defendant, Pro Se Respectfully submitted, DALEY ZUCKER ME-ILTON MINER & GINGRICH, LLC By: Gy/ c(?t ??'?vl *Aman-alegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 F{'1/1 OF TE-!F F'l,-.^TFCN'-)Tk9Y 200 "f'R 13 PM Z: 00 RICHARD J. EVANS, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANN T. EVANS, DEFENDANT NO. 07-2770 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 16th day of April, 2009, upon consideration of the Defendant's Motion to Compel Answers to Discovery, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff, Richard J. Evans, respond to and answer Defendant's discovery request on or before May 8, 2009. No objections to the Defendant's discovery request shall be permitted. The Defendant shall serve a copy of this order upon Richard J. Evans and provide a copy of the return of service to this Court. By the Court, . ?A -t u 1 M. L. Ebert, Jr., J. uintina M. Laudermilch, Esquire Attorney for Defendant chard J Plaintiff bas Evans, Pro Se ?ift.?J iii ??' ,'f •;Gjy-'[j ??..F.? , •y. $? =? ??? ? i ?r?? 61??Z ,?-, ?? ??.? ?,:1i ?'? A't?'d ? ???'?'? ? 1 ?"i1?1 .r, ?_, Quintina M. Laudermich, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilchAdzmmglaw.corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff CIVIL ACTION- LAW V. Docket No. 2007-2770 JOANN T. EVANS, (IN DIVORCE) Defendant AFFIDAVIT OF SERVICE I, Quintina M. Laudermilch, Esquire, being duly sworn according to law, deposes and says that I am an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 28th day of April, 2009, I did serve upon Richard J. Evans, Plaintiff in the foregoing case, a true and correct copy of Judge Ebert's April 16, 2009 Order as well as a time-stamped copy of the Motion to Compel Answers to Discovery, by sending a copy of same to Richard J. Evans via certified mail, return receipt requested and via regular United States mail with Proof of Mailing, to 4 Bross Drive, East Berlin, Pennsylvania, 17316. A copy of the Return Receipt and Proof of Mailing is attached hereto as Exhibit "A". Sworn to and subscribed before me this DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: Quintina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant cowaorrAffA+.R+aa PRW45VLVAN1A NOTARIAL SSAL PATRICIA A. PATTON, No1Nry Pu bk ' Lower Ps" UP.. Dauphin CW* Condon E ' es June 20, 2010 Exhibit "A" rti rL m rq r-I r-q tr m C CerBBed Fee PdoresmeM Required) C3 pagWOW Fog Ir ired) M ed rU TbW Postage & Fees .7 °n 7TO Y 121G t OWOW llftft 1. S. errs! S. Abe OWOM 1", 4 9 A 1 leled Odvary k deeI I 04* yaw rwl OW addreee on the r wow MMt we can mb" the owd 1o you. • 001 - Oft cod to the beak at the rnaq *w% or nice the ftrrt t{ qmo pemrlts. 1. ^Oft Addromd to: My- 0C )GYd J - EVar. H BYM Dive 1EAkAs ? W I", PP 1 X31 l0 x ° ADW C3 B. PAKX*md bar PrMrd lMrrrgl C of k. ?VIAI?S 0. N deewry eidbws dM- iom Mrm 17 D Mo K YES, ~ ddvwy uddl bdow. ? No a 0pMrd Md o BOW w a R of - - O Fk%" ftcl pr kr grndirrdr D UwAd md o mo. 4. RedeN orMry4 ? Pier ° w L ' ` 7004 2890 0001 3911 1527 a 111rerr MIIIMrwlr4 t1Me?e M ?+ aMririrlreiw U.S. POSTAL SERVICE e T E - -? Affix fee here in stamps cy) IP an l MAY K USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT or meter Dost PROVIDE FOR INSURANCE-POSTMASTER W C m 0 W000 it 0.- Received From: I 0 t ' N r, Wr0o ?MM 1629 n Dnve d°Qa /? ` N vY IJbuM 1 1221 1-TO N rn i CO - One piece of ordinary mail addressed to: 0) Lei a. co 0 my. ?2ic??av?l J Evavis 9 r 0 W Y J IIVL tNf1 coq o1 isa lin IPA 1-431 PS Form 3817, Mar. 1989 7' 1\ j 2003 i 4 U?stv'; " ? 4 F}L~ ~ =~ Quintina M. Laudermilch, Esquire ~?~ T~,E ` , - ~ ~_..~ a't~?Y DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 7~6 La3iu .~~~ ~`:~ l.i, v~ i 1029 Scenery Drive Harrisburg, PA 17109 ~i~A,` , , (717) 657-4795 ~ -. ~ ' ~ ,J~~'~ r' tlauderm i lch~u,dzmm glaw. com ^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, . Plaintiff CIVIL ACTION- LAW v. Docket No. 2007-2770 JOANN T. EVANS, (IN DIVORCE) Defendant INVENTORY AND APPRAISEMENT OF JOANN T. EVANS I, Joann T. Evans, file 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 years. I verify that the statements made in this Inventory and Appraisement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Jo T. Evans, Defendant 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. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts (X) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home (X) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits -severance pay, workman's compensation claim/award () 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. MilitarylV.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 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 Number Description of Property Name of All Owners 1 721 15`" Street Husband & Wife New Cumberland, PA 17070 2 R.J. Evans Transport Husband (sole proprietorship) 3 Community Banks Husband & R.J. (checking account) Evans Transport 4 PNC Bank Husband & Wife (checking & savings accounts) 5 Postmark Credit Union Husband & Wife (savings account) 6 PSECU Husband & Wife (checking & savings accounts) 7 PSECU Wife (savings account) 8 Community Banks Husband (checking account) 9 PSECU IRA Wife 10 PSECU IRA Husband 11 Citigroup IRA Husband 12 Citigroup IRA Wife 13 Putnum IRA Husband 14 State Farm Insurance Husband (Life Insurance Policy) 15 2004 Kenworth Truck Husband 16 2001 Utility Trailer Husband 17 2000 Kenworth Trucks Husband 18 2000 Kenworth Truck2 Husband 19 2006 Peterbuilt Truck3 Husband 20 2005 Walbash Trailer4 Husband 17 2005 Fontain Trainers Husband 17 2000 GMC Sierra Husband 18 2000 Jeep Grand Cherokee Wife 19 2004 Ford Expedition6 Husband 20 1965 Cobra' Husband 21 Household goods and personal property Wife 22 Household goods and personal property Husband ' May have been purchased with marital funds or a transfer/exchange of marital property 2 May have been purchased with marital funds or a transfer/exchange of marital property s May have been purchased with marital funds or a transfer/exchange of marital property ° May have been purchased with marital funds or a transfer/exchange of marital property s May have been purchased with marital funds or a transfer/exchange of marital property 6 May have been purchased with marital funds or a transfer/exchange of marital property May have been purchased with marital funds or a transfer/exchange of marital property NON-MARITAL PROPERTY Defendant lists all marital 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 Name of All Owners 1 Community Banks Husband & R.J. (checking account) -post separation Evans Transport 2 PSECU Wife (savings account) -post separation 3 Community Banks Husband (checking account) -post separation 4 PSECU IRA -post separation contributions Wife 5 PSECU IRA -post separation contributions Husband 6 Citigroup IRA -post separation contributions Husband 7 Citigroup IRA -post separation contributions Wife 8 Putnum IRA -post separation contributions Husband 9 State Farm Insurance Husband (Life Insurance Policy) -post separation 10 M&T Bank CD Wife & Daughter 11 4 Bross Drive Husband East Berlin, PA 12 20 Doe Lane Husband Hanover, PA 13 2000 Kenworth Trucks Husband 14 2000 Kenworth Truck9 Husband 15 2006 Peterbuilt Truck10 Husband 16 2005 Walbash Trailers ~ Husband s May have been purchased with separate funds post separation 9 May have been purchased with separate funds post separation 10 May have been purchased with separate funds post separation " May have been purchased with separate funds post separation 17 2005 Fontain Trainer12 Husband 18 2004 Ford Expedition13 Husband 19 1965 Cobra'a Husband 20 Household goods and personal property Wife Acquired post separation 21 Household goods and personal property Husband Acquired post separation 'Z May have been purchased with separate funds post separation 13 May have been purchased with separate funds post separation 'a May have been purchased with separate funds post separation PROPERTY TRANSFERRED 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 Number Descriution of Proaerty Person to Whom Transferred 1 PSECU IRA (Husband) Husband 2 State Farm Life Insurance Husband (Cash Surrender Value)(Husband) 3 2004 Kenworth Truck Husband 4 2001 Utility Trailer Husband 5 2000 Kenworth Truck Husband 6 2000 Kenworth Truck Husband 7 2005 Fontain Trailer Husband LIABILITIES OF PARTIES Defendant lists all liabilities of either or both spouses alone or with any person as of the date action was commenced: Item Description of Property Name of Creditor(s) Name of Debtor(s) Number 1 Mortgage on Washington Mutually Husband & Wife 721 15th Street New Cumberland, PA 17070 2 Home Equity Line of Credit Sovereign Bank Husband & Wife 721 15th Street New Cumberland, PA 17070 3 Home Equity Loan Sovereign Bank Husband & Wife (formerly Harris Savings) 4 Home Equity Loan Sovereign Bank16 Husband & Wife (formerly Harris Savings) 5 Mortgage on Wells Fargo Husband 4 Bross Drive East Berlin PA 6 Line of Credit PSECU Husband 7 Credit Card PNC Bank Husband 8 Credit Card Circuit City/Chase Husband 9 Credit Card Sears Husband 10 Credit Card Chase Husband 11 Credit Card Capital One Husband 12 Credit Card CitiCard Husband 13 Credit Card Lowes Husband 14 Credit Card Chase Husband 15 Credit Card Discover Card Husband is Paid off post separation. 16 Refinanced/satisfied post separation by new mortgage on marital residence 16 17 18 19 Credit Card Wells Fargo Husband Credit Card FIA Card Services Husband Auto Loan PSECU Husband (Ford Expedition) Auto Loan Unknown Husband (1965 Cobra) CERTIFICATE OF SERVICE q `~ ----. AND NOW, this O~ / day of ~ UU) , 2010, I, Gloria M. Rine, Paralegal, hereby certify that I have, this day, served the within Inventory and Appraisement on Plaintiff, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Richard J. Evans 4 Bross Drive East Berlin, PA 17331 Plaintiff Gloria M. Rine ~; Quintina M. Laudermilch, Esquire - DALEY ZUCKER MEILTON MINER & GINGRICH, LLC ~ n rr~~ (1i~U .4:i;i ~:7 ''t"s 4 t:i' f `i 1029 Scenery Drive Harrisburg, PA 17109 ~ ~ ~ ~, CJ+~ ~ ~ ~ ~~~ (717) 657-4795 t r 'v i ~r . 4 P', I ., tlaudermilch(a,dzmmglaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff CIVI"L ACTION- LAW v. Docket No. 2007-2770 JOANN T. EVANS, (IN DIVORCE) Defendant INCOME AND EXPENSE STATEMENT Attached hereto is the Income and Expense Statement of Defendant, Joann T. Evans, submitted pursuant to Pa. R.C.P. No. 1920.31. i ~~ intina M. Lau ermilch Attorney for Defendant INCOME AND EXPENSE STATEMENT OF JOANN T. EVANS Employer: West Shore School District Address: 507 Fishing Creek Road, New Cumberland, PA 17070-0803 Type of Work: Food Services Payroll Number: Pay Period (weekly, biweekly, etc.): bi-weekly Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Union Dues Medicare Net Pay per Pay Period: INCOME $ 589.20 $ 30.81 35.15 8.22 17.41 44.19 22.19 8.42 8.22 $ 414.591 Other Income: Interest/Dividends Pension/Annuity Social Security Rents/Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Spousal Support Week Month (Fill in Appropriate Column) $ $ 444.00 Year Total TOTAL MONTHLY INCOME $ 220.00 $ $ 444.00 $ 220.00 $ 1,360.60 ' This amount reflects the average net pay per pay period. The actual net income per pay period varies based on the number of hours worked each pay period. Home EXPENSES Weekly Monthly Yearly (Fill in Appropriate Column) Mortgage/rent $ $ $ Maintenance $ $ 9.08 $ 109.00 Cable/Internet $ $ 60.00 $ 720.00 Electric $ $ 150.00 $ 1,800.00 Home repairs $ $ 50.00 $ 600.00 Oil/Gas $ $ 120.00 $ 1,440.00 Telephone/Internet $ $ 85.00 $ 1,020.00 Water $ $ 45.00 $ 540.00 Sewer/Trash $ $ 65.00 $ 780.00 Employment Public $ $ $ Lunch $ $ $ Taxes Real Estate $ $ 54.66 $ 656.00 Personal $ $ 1.66 $ 20.00 Income $ $ 104.33 $ 1,252.00 Insurance Homeowners $ $ 34.92 $ 419.00 Automobile $ $ 64.66 $ 776.00 Weekly Monthly Yearly (Fill in Appropriate Column) Life $ $ 21.75 $ 261.00 Accident $ $ $ Health $ $ $ Other $ $ $ Automobile Payments $ $ $ Fuel $ $ 200.00 $ 2,400.00 Repairs/Maintenance $ $ 250.00 $ 3,000.00 Registration/Auto Club $ $ 6.25 $ 75.00 Medical Doctor $ $ 11.66 $ 140.00 Dentist $ $ $ Orthodontist $ $ $ Hospital $ $ 20.83 $ 250.002 Medicine $ $ $ Special needs (glasses, braces, orthopedic devices) $ $ 34.83 $ 418.00 Education Private school $ $ $ Parochial school $ $ $ College $ $ $ Books/Miscellaneous $ $ _ $ z Represents annual insurance deductible Weekly Monthly Yearly (Fill in Appropriate Column) Personal Clothing Food Barber/hairdresser Personal care Hobbies Laundry/Dry Cleaning Memberships Loans Credit Union Miscellaneous Household help Child care Papers/books/magazines Entertainment Vacation Gifts Legal fees Charitable contributions $ $ 83.33 $ 1,000.00 $ $ 300.00 $ 3,600.00 $ $ 20.00 $ 240.00 $ $ 30.00 $ 360.00 $ $ $ $ $ $ $ $ 3.00 $ 36.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7.58 $ 91.00 $ $ $ $ $ 41.66 $ 500.00 $ $ $ $ $ 166.66 $ 2,000.00 $ $ 5.00 $ 60.00 Weekly Monthly Yearly (Fill in Appropriate Column) Other child support Alimony payments $ $ $ $ $ $ Other Tax preparation Lawn Service TOTAL EXPENSES $ $ 25.91 $ 311.00 $ $ 23.33 $ 280.00 $ $ 2,096.14 $ 25,154.00 PROPERTY OWNED Ownership* Description Value H W J See Inventory and Checking accounts Appraisement _ _ See Inventory and Savings accounts Appraisement _ See Inventory and Credit Union Appraisement See Inventory and Stocks/bonds Appraisement _ _ See Inventory and Real estate Appraisement _ _ See Inventory and Other Annralsement TOTAL *H=Husband; W=Wife; J=Joint INSURANCE Policy Coverage* Company No. H W C Hospital Blue Cross CHIP ZAR114078152001 X Medical Blue Shield Health/Accident Disability Income Dental United Concordia 219000003 X Other (Eye) NVA 000007134 X H=Husband; W=Wife; C=Child VERIFICATION I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Jo .Evans, Defendant CERTIFICATE OF SERVICE AND NOW, this ~ day of y ~-t~'~, , 2010, I, Gloria M. Rine, Paralegal, hereby certify that I have, this day, served the within document on Plaintiff, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Richard J. Evans 4 Bross Drive East Berlin, PA 17316 Defendant ;' G~ Gloria M. Rine 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the motion: None. Respectfully Submitted, DALEY ZUCKER MELTON MINER & GINGRICH, LLC lrG c~ ~C, «2~ h Date: ~ Id By: uintina M. Lau ermilch, Esquire Supreme Court I.D. #94664 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant AND NOW, ~ , 2010, C~ . C~~ ~~~P~/ 7 Esquire, is appointed master with respect to the following claims: _- ~ .~~A~t-~ G~ ~ BY THE~COURT: ~ ~, J Moving Partv: Joann T. Evans, Defendant ,/Quintina M. Laudermilch, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilch(c~dzmmglaw.com ~~tF~S' ~/~ ~~ v `~ !7'~.`3.l l~~ No n-1(lloving Partv: ~ Richard J. Evans, Plaintiff 4 Bross Drive East Berlin PA 17316 ~ ~=; , -~ i' ~,- 1 ~- 4 ~ G~ ~ = _~ : - < 5 6° C.:~ i- _.. .r. ~° ~ --c Oct. 11. 2010 3.42PM DALEY, ZUCKER, GINGRICH, LLC. No. 1641 P. 3/3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff CIVIL ACTION- LAW v. Docket No. 2007-2770 :MM ? --a Z-q =J rn JOANN T. EVANS, (IN DIVORCE) - w ` ice, Defendant <U. -n 2 5- AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 25, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of 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. I verify that the statements made in this affidavit are true and correct, 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /© `/ - J t Oct. 11. 2010 3:42PM DALEY, ZUCKER, GINGRICH, LLC, No.1641 P. 2/3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, plaintiff CIVIL ACTION- LAW V. Docket No, 2007-2770 ' CD 2 j JOANN T. EVANS, (IN DIVORCE) -r - Defendant M m C-) m F WAIVER OF NOTICE OF INTENTION ?C) T REQUEST ENTRY OF A DIVORCE DECREE < -ri UNDER 3301 c D 3301 d OF THE DIVORCE O E ? 6C-1 I consent to the entry of a final decree in divorce without notice. I . 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 Cowl and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date, /d 7 Oct. 11. 2010 3.33PM DALEY, ZUCKER, GINGRICH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, No. 1648 P. 3 Plaintiff CIVIL ACTION- LAW -: V. DocltetNo.2007-2770 Ca CD n- ? -am JOANN T. EVANS, (IN DIVORCE) -cn - In I Defendant AFFIDAVIT OF CONSENT c-: :z F 1 A com laint in divorce under § 3301(c) of the Divorce Code was filen - . p October 25, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date; IO11110 Ank?T " Mm T. Evans, Defendant ZDQAn Oct.11, 2010 3.32PM DALEY, ZUCKER, GINGRICH, LLC, No. 1646 P. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, C1 Plaintiff CIVIL ACTION- LAW K w --? V. Docket No. 2007-2770 rn ® ? rn JOANN T. EVANS, (IN DIVORCE) <? - Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENT RY OF A DIVORCE DECREE -- UNDER 63301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: `o Jo T. Evans, Defendant Quintina M. Laudermilch, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 635 N. 12`h Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 tlauderm itch gdzmmglaw . com t 17 JUL 12 AM B: 02 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff CIVIL ACTION- LAW v. JOANN T. EVANS, Defendant Docket No. 2007-2770 (IN DIVORCE) PETITION TO REVOKE MASTER AND NOW, comes Defendant, Joann T. Evans, by and through her counsel, Zucker Meilton Miner & Gingrich, LLC, and petitions this Honorable Court as follows: 1. With regard to a Motion for Appointment of Master filed by Plaintiff in the matter on June 29, 2010, E. Robert Elicker, II, Esquire, was appointed Master on July 1, 2010 Order entered by the Honorable Kevin A. Hess. 2. The parties have resolved all of their outstanding economic claims and entered into a Marital Settlement Agreement dated June 25, 2012. 3. The parties request that the Master's appointment be revoked. 4. Counsel for Plaintiff concurs with the filing of this Petition and its requested relief. WHEREFORE, Petitioner respectfully requests this Honorable Court to revoke E. Rob?rt Elicker, II, Esquire, as Divorce Master in the within matter. Respectfully submitted, Date: DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By:'?? Quintina M. Laudermilch, Esquire Supreme Court I.D. No. 94664 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Attorneys for Defendant CERTIFICATE OF SERVICE AND NOW, this day of J6A , 2012, I, Gloria M. Rine, Paralegal at Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy o? the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Thomas M. Clark, Esquire Colgan & Associates, LLC 130 W. Church Street, Suite 100 Dillsburg, PA 17019 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 ............... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff V. JOANN T. EVANS, Defendant n 1:1ED-OFFICE E_; U PROTHONOTARY 2012 JUL 16 AM 11: 4 5 CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION- LAW : Docket No. 2007-2770 (IN DIVORCE) ORDER AND NOW, this t day of 57 -j- , 2012, upon consideration of the within Petition to Revoke Master, it is hereby ORDERED AND DECREED that the appointment of E. Robert Elicker, II, Esquire, as Divorce Master in the above matter is hereby revoked. BY THE COURT: Distribution: ? Thomas M. Clark, Esquire, Colgan & Associates, LLC, 130 W. Church Street, Suite 100, Dillsburg, PA 17019, Counsel for Plaintiff Quintina M. Laudermilch, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 635 N. 12`h Street, Suite 101, Lemoyne, PA 17043, Counsel for Defendant v` E. Robert Elicker, Il, Esquire, 9 North Hanover Street, Carlisle, PA 17013, Divorce Master is .ta. lc,,? F - _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. EVANS, Plaintiff V. JOANN T. EVANS, Defendant CIVIL ACTION- LAW Docket No. 2007-2770 (IN DIVORCE) s:! PENN5YLV WN -}? ACCEPTANCE OF SERVICE AND NOW, this day of /V _ 2012, 1. Joann T. Defendant, hereby acknowledge and certify as follows: 1. That on or about October 29, 2004, I did receive and accept service of Complaint in Divorce filed in the divorce action commenced to No. 2004-4056, in the Court Common Pleas of the 59`" Judicial District of Pennsylvania, County Branch - Cameron, whi was mailed to me via first class mail by William D. Kraut, Esquire, Divorce Law Center, 1 East Gay Street, West Chester, Pennsylvania. 2. That upon Motion filed by my counsel to transfer the matter to County and by Order entered on November 22, 2006 by the Honorable Richard A. President Judge of Cameron County, said Cameron County action was transferred to the Court COH1r110i1 Pleas of Cuniberkand County, P.-m-isyiJa2 ia- and docketed to the above tern: number. Sworn to and subscribed before me this day of 2012. r?I Notary Public Joar& T. Evans, Defendant (SEAL) COMMONWEALTH of PmsYLvmm Notarlal Seal Gloria M. Rine, Notary PubNc LSMOYne Boro, Cumber" County y Cwnftlon 50res Nov. 15, 2015 LM- MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 0 a RICHARD J. EVANS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PEN14?YVVANIA _, z,. °' , V. NO. 2007-2770 C= co c JOANN T. EVANS,' Defendant CIVIL ACTION - DIVORCE ;a 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Defendant accepted service on or about October 29, 2004, said Acceptance of Service was filed with this Honorable Court on July 31, 2012. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: October 11, 2010; By Defendant: October 11, 2010. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: No related claims were raised by either party before this Honorable Court. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 13, 2010; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 13, 2010. Respectfully Submitted, ,,I Dated: f `Z COLGAN SS ATES, LLC By Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 IN THE COURT OF COMMON PLEAS C RICHARD J. EVANS :CUMBERLAND COUNTY, PENNSYLVA V. : JOANN T. EVANS Np. 2007-2770 DIVORCE DECREE AND NOW, i~s,~ /G ZD ~ Z- , it is ordered and decreed RICHARD J. EVANS ,plaintiff, and JOANN T. EVANS ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. k~ P ~~~ F CIA By the Court, C/ G~~~ /cG~