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HomeMy WebLinkAbout04-1742BRIAN E. MORRIS, Plaintiff VS. NANCI I. MORRIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. IF YOU DO NOT PILE 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, PA 17013 (717) 249-3166 In the Court of Common Pleas of CUMBERLAnd) County, Pennsylvania DOMESTIC RELATIONS SECTION ISABEL N. MORRIS Plaintiff vs. BRIAN E. MORRIS Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 04-1742 CIVIL 698106497 ORDER OF COURT - RESCHFJ~ULE A HEARING You, BRIAN EUGENE MORRIS 320 LIBERTY CT, MECHANICSBURG, PA. 17050-1830-20 of are ordered to appear at DOMESTIC RELATIONS HEARING DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 onthe 30TH DAY OF AUGUST, 2004 at 9:00~q for a hearing. This date replaces the prior hearing date of JULY 19, 2004 ~' ~/ You are further required to bring to the hearing: ~ 1. a tree copy of your most recent Federal Income Tax Return, including W-2s~ 9, 'U!,~ 2. your pay smbs for the preceding six (6) months, / .'..~.f~ __.~ ~ 3. the Income and Expense Statement attached to this order as required b;~/Rule t9)_~: H (c).,~ ~ 4. verification of child care expenses, and d -" L;4 -~- ~ 5. proof of medical coverage which you may have, or may have available to you x 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 MORRIS v. MORRIS PACSES Case Number: 698106497 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAy BE ABLE TO PROVIDE S ~ a s~vutc~:v VEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES AC, T OF 1990 The Court of Common Pleas of CU~,m~Ri~,~ County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Worker ID 21302 In the Court of Common Pleas of CUMBERLAND DOMESTIC RELATIONs SECTION County, Pennsylvania ISABEL N. MORRIs BRIAN E. MORRIs Plaintiff ) Dt~gket Number ) ) PACSEs Case Number Defendant ) ) Other State ID Number 04-1742 CIVIL 698106497 Yon, ORDER OF COURT . RESCHEDULE A HEARING ISABEL NANcI MORRIs of are ordered to appear at DOMESTIc RELATIoNs /{EARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 onthe 30T~ DAy OF AUGUST, 2004 at 9:ooaM for,ahearing. This date replaces the prior hearing date of armor 19, 2004 OH are filrth~- · ~" Y · ~r required to bring to the hearing: ~1 a true copy of your most recent Federal Into . ~. your pay stubs for the nrec~,: ...... me Tax Return, including W_~:~ 3 ,~._, ~- ,~mg SlX (0) month~ · ,de inCome and Expense S .... o, 5 ~2~_, X ' 4. verification of ~'-:,~ -,[ement attached to this order as o. Pr°°t °f medical coverage which you ma h Service Type M Form CM-514 Worker ID 21302 MORRIs ¥' MORRIs PACSES Case Number: 698106497 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: ~ __ BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAy ATYEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS O YOU WITH INFORMA , ,~..._ FFICE MAY BE ABLE TO PROVIDE TION ~oul' A - GENCIE~ TItAT MAy OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of comply with the Americans with D' · CUM~ERrma~D Coun facilities and reasonable a o,-~,-~js-a'bllities A..ct of 1990. F ,-;-,c^n--~ !.s req.uired by law to c,-,,,,m,v~aanons available to disabl(~ar '~~.u.~.-an°n aoo.ut accessible before the court, please contact our office e,,~ mdwMuals having business at:. (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or nnsiness before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Worker ID 21302 BRIAN E. MORRIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NANCI I. MORRIS, : CIVIL ACTION - LAW Defendant : ACTION IN DIVORCE CO~fPLAINT IN DIVORCE NOW COMES Plaintiff, BRIAN E. MORRIS, by his attorneys, Purcell, Krug &Haller, and avers as follows: currently resides at County, Pennsylvania 2. Defendant last known address Cumberland County, 3. Plaintiff COUNT I DIVORCE PURSUANT TO SECTION 3301{c) OF THE DIVORCE CODE Plaintiff is BRIAN E. MORRIS, 320 Liberty Court, 17050. is NANCI I. MORRIS, is 320 Liberty Court, Pennsylvania 17050. and Defendant have been bona OR 3301 an adult individual who Mechanicsburg, Cumberland an adult individual whose Mechanicsburg, fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 9, 2001, in Las Vegas, Nevada. 5. There have been no prior actions in divorce or annulment between the parties. 6. The marriage 7. Plaintiff has been advised that and that Plaintiff may have the right to is irretrievably broken. counseling is available request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests that the Court enter a decree in divorce. COUNT II DIVORCE PURSUA/~T TO SECTION 3301(a) (6) 8. Plaintiff repeats and realleges the averments contained in paragraphs 1 through 7 as if more fully set out at length herein. 9. Plaintiff avers that he is the innocent and injured spouse and that the Defendant has offered such indignities to him as to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to Section of the Divorce Code. COUNT III DIVORCE PURSUANT TO SECTION 3305(a) (4) 10. Plaintiff repeats and realleges the averments contained in paragraphs 1 through 9 as if more fully set out at length herein. 11. Plaintiff seeks an annulment pursuant to Section 3305(a} (4). At all times relevant hereto, Defendant has been naturally and incurably impotent as she is HIV positive. Plaintiff was not aware of this at the time of marriage. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Annulment. Date: PURCELL, KRUG & HALLER squire (717)234-4178 Attorney for Plaintiff Brian E. Morris hereby verify that the facts contained Complaint are true and correct knowledge, information and belief. VERIFICATION , Plaintiff in the within action, in the foregoing to the best of my I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: BRIAN E. MORRIS, Plaintiff VS. NANCI I. MORRIS, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1742 CIVIL ACTION - LAW ACTION IN DIVORCE AFFIDAVIT OF SERVICE, COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : I, John W. firm of Purcell, the 23=d day of April, 2004, I hand-delivered a copy of the original Complaint in Divorce to Defendant, Nanci A. Morris, approximately 9:00 a.m. at the Cumberland County Courthouse. Purcell, Jr., Esquire, at attorney at the law Krug &Haller, hereby swear and affirm that on 1719 N. Front Street Harrisburg, PA 17102 (717) 234-41'78 at Sworn and subscribed to befo=e me this day 2004. Nota~ Public kk} COMMONWEALTH OF PENNSYLVANIA Angeia S. Shaffer, No~a~ Public City Of Harrisburg. Dauphin County My Commission Expires Jan. 12,2008 Member, Pennsylvania Asscciation Of Not~de~ BRIAN E. MORRIS, Plaintiff NANCl I. MORRIS, Defendant IN THE COURT OF: COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1742 CIVIL ACTION - LAW ACTION IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Nanci I. Morris, to proceed in forma pauperis. I, Nichole M. Walters, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date:~ Nichole M. Walters YWCA DOMESTIC VIOLENCE LEGAL CLINIC 114 Walnut Street, 2nd Floor Harrisburg, PA 17101 (717) 724-0516 Attorneys for Applicant/Defendant ORDER AND NOW, this day of ,2004, pursuant to Pa.R.Civ. P. 240(d), upon presentation and consideration of the within Praecipe to Proceed In Forma Pauperis and the Affidavit in support thereof, said Application is hereby granted. , Prothonotary BRIAN E. MORRIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1742 NANCI I. MORRIS, Defendant : CIVIL ACTION - LAW : ACTION IN DIVOP, CE ANSWER TO DIVORCE COMPLAINT, NEW MATTER AND AFFIRMATIVE DEFENSES Defendant Nanci I. Morris through her attorneys the YWCA Domestic Violence Legal Clinic and Nichole M. Walters answers Plaintiff's Complaint in Divorce and sets forth the following counterclaims and affirmative defenses: ANSWER TO DIVORCE COMPLAINT COUNT I DIVORCE PURSUANT TO SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Admitted. 2. Admitted in part; Denied in part. It is admitted that Defendant is Nanci I. Morris. It is denied that Defendant resides at 320 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania. Defendant presently resides at a confidential address in Cumberland County. 3. Admitted. 4. Denied. Plaintiff and Defendant were married on December 10, 2001, in Las Vegas, Nevada. 5. Admitted. 6. Admitted. 7. Admitted. COUNT II DIVORCE PURSUANT TO SECTION 3301(a)¢6) 8. No answer required. 9. Denied. It is specifically denied that Plaintiff is the innocent and injured spouse. It is further denied that Defendant offered indignities to Plaintiff. COUNT III DIVORCE PURSUANT TO SECTION 3305(a)(5) 10. No answer required. 11. Denied. It is specifically denied that Defl,~ndant is impotent as she conceived a child during the parties' marriage. Therefore, Defendant can neither be "incapable of sexual intercourse" nor can she be "infertile." It is further denied that Defendant was HIV positive at the time the parties were married, as Defendant had an AIDS test just prior to the parties' marriage, the results of which were negative. NEW MATTER I. COUNTERCLAIM FOR INDIGNITIES PURSUANT TO SECTION 3301(a)(6) OF THE DIVORCE CODF 12. Defendant's answers to Paragraphs one 'through eleven are hereby reiterated and incorporated by reference. 13. The grounds upon which this action is based are irretrievable breakdown or, in the alternative, indignities to the person of Defendant, the innocent and injured spouse, so as to render her condition intolerable and life burdensome and a divorce pursuant to Section 3303 (c) or 3301 (a) (6) of the Divorce Code is sought. WHEREFORE, Defendant respectfully requests the court to enter a decree in Divorce, divorcing her bonds of matrimony pursuant to Section 3301(c), Section 3301 (d) or 3301 (a) (6) of the Divorce Code. II. COUNTERCLAIM FOR AMMONY AND ALIMONY PENDENTE ILITF 14. Defendant's answers to Paragraphs one through thirteen are hereby reiterated and incorporated by reference. 15. Defendant lacks sufficient property for her reasonable needs and is unable to obtain employment as she is not yet a U.S. citizen; therefore she is unable to sustain herself in accordance with the standard of living established during the marriage. 16. Plaintiff is employed and is financially able to provide for the reasonable needs of Defendant. WHEREFORE, Defendant respectfully requests the court to enter an award of reasonable alimony and alimony pendente lite. AFFIRMATIVE DEFENSES 17. Defendant's answers to Paragraphs one through sixteen are hereby reiterated and incorporated by reference. 18. Plaintiff's request for an annulment is barred by the doctrine of laches as Plaintiff learned of Defendant's HIV status seven months prior to requesting an annulment. 19. Plaintiff's request for an annulment is barred by the theory of condonation as Plaintiff and Defendant continued to engage in sexual intemourse after Plaintiff learned of Defendant's HIV status. 20. Plaintiff's request for an annulment is disingenuous as Defendant may have contracted the HIV virus from Plaintiff. Defendant has repeatedly asked Plaintiff to have an AIDS test done. However, if Plaintiff has had such a test performed, Defendant has not seen the results of such a test. WHEREFORE, Defendant requests that Plaintiff's demand for an annulment pursuant to Section 3305(a)(4) of the Divorce Code be dismissed with prejudice. Respectfully submitted, The YWCA Domestic Violence Legal Clinic Date: Nichole M. Walters 114 Walnut Street, 2nd Floor Harrisburg, PA 17101 (717) 724.-0516 Attorneys for Defendant VERIFICATION I verify that the statements made in this Answer to Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. sec. 4904 relating to unsworn falsification to authorities. ', e f Na ' , Defendant BRIAN E. MORRIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1742 NANCl I. MORRIS, Defendant : CIVIL ACTION - [.AW : ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Nichole M. Walters, Esquire, hereby certify that I caused to be served a copy of the foregoing Answer to Divorce Complaint, New Matter and Affirmative Defenses to the following person by regular United States mail, addressed as follows: Nichole M. Stanley O'Gorman, Esq. PURCELL, KRUG & HALLEIF~ 1719 Nor[h Front Street Harrisburg, PA 17102 Date: Nichole M. Walters, Esquire The YWCA Domestic Violence Legal Clinic 114 Walnut Street, 2nd Floor Harrisburg, PA 17101 (717) 724-0516 Attorney No. 84478 Attorneys for Defendant BRIAN E. MORRIS, Plaintiff NANCl I. MORRIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1742 : CIVIL ACTION - LAW : ACTION IN DIVORCE PRAECIPE TO ENTER RULE UPON PLAINTIFF TO FILE A BILL OF PARI'ICULARS To The Prothonotary: Pursuant to Pa.R.C.P. 1920.21, kindly enter a Rule upon Plaintiff, Brian E. Morris, to file a Bill of Particulars within twenty days afl;er service of the Rule or suffer a judgment of non pros. Date: Nichole M. Walters YWCA DOMESTIC 'VIOLENCE LEGAL CLINIC 114 Walnut Street, 2nd Floor Harrisburg, PA 17101 (717) 724-0516 Attorneys for Defendant RULE AND NOW, this /~.~ ~;~day of --/1~,...~- ,200ia Rule is hereby entered upon Plaintiff, Brian E. Morris. Plaintiff shall file a Bill of Particulars within twenty days after service of the Rule or suffer a judgment of non pros. , Prothorte'~ary BRIAN E. MORRIS, Plaintiff vs. NANCI I. MORRIS, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1742 CIVIL : : CIVIL ACTION - LAW : ACTION IN DIVORCE PLAINTIFF'S BILL OF PARTICb-LA/~S comes Plaintiff, Brian E. Krug and Haller, AND NOW, his attorneys, Purcell, Bill of Particulars: Morris, by and through and files the following 1. Defendant (hereinafter "Wife") is HIV positive. believed and averred that Wife was aware that she was HIV It is positive same to Plaintiff 2. without virus. there at the time of marriage but willfully failed to disclose (hereinafter "Husband"). Wife is not capable of engaging in subjecting Husband to the risk of It is widely known that AIDS is a is no known cure. sexual intercourse contracting the AIDS fatal disease for which 3. Husband would not have married Wife if he had been informed that she was HIV positive. 4. Additionally, Wife has engaged in a course of conduct throughout the marriage which has rendered. Husband's condition intolerable and life burdensome. Examples of Wife's conduct include, but are not limited to, the items set forth herein. 5. From the date of marriage until February, 2002, despite repeated request, Wife refused to accompany Husband on his almost daily visits with his mother who was dying of brain cancer. 6. When Husband's mother died in February, 2002, Wife refused to accompany him to the funeral. 7. After Husband left the parties' home for the funeral, Wife walked from their home in Harrisburg to the church in Camp Hill. Then, in front of friends and relatives, she argued with Husband and accused him of walk. 8. Concerned that Wife's leaving her behind and forcing her to story was true, Husband's brother- in-law offered Wife his cell again. Wife sister) that phone number in case this happened then informed the brother-in-law's wife (Husband's her husband wanted to have a sexual relationship with Wife and offered the phone number as evidence. 9. Throughout the marriage, Wife falsely and repeatedly accused Husband of having an affair. She made this accusation to Husband and to others. 10. Defendant contacted all of the women in Plaintiff's cell phone address book and accused them of having an affair with her husband. Ail of the women were employees of Plaintiff. One quit as a result of Defendant's conduct. 11. Wife has informed Husband's family and friends that he gave her AIDS. Husband does not have AIDS. and does not carry the HIV virus. 2 12. In March, 2003 Wife was convinced that the propane tank for the parties' gas grill was a bomb. She called police to come to the house twice. 13. Later the same week, propane tank was not a bomb, running around the parties' still not convinced that the Wife became hysterical and began home and yard screaming. She then threw herself tirade. into the Conodoguinet Creek and continued her 14. Wife killed the parties' puppy by strangling and drowning it. She told Husband that God told her she had to sacrifice something she loved to save Husband and his son from the "bomb". 15. Husband's minor son was at home when Wife killed the a result of the incident, he required psychological puppy. As counseling. 16. On several occasions, Husband came home from work to find Wife walking around the neighborhood in high heels and an evening gown. 17. Wife and her cousin repeatedly and without Husband's permission accessed Husband's e-mail account to monitor his mail. 18. Wife deleted Husband's personal e--mail, including one e-mail which contained hotel confirmation numbers for a business trip. Wife admitted to deleting the message, of having an affair. and accused Husband 3 19. permission accessed Husband's internet. 20. Wife and her cousin repeatedly and without Husband's financial accounts from the On several occasions after the parties had an argument, Wife left home and failed to return for the night. She reportedly spent the night on a park bench along the Susquehanna River. 21. fear for crystal ashtray at In addition to the above, Wife has caused Husband to his physical safety by throwing dishes, silverware and a him. Date: June 1, 2004 PURCELL, K.~HALLER lichole ~. St~%~O G~an, Esquire .719 North Fr~Street l~r~8PA i[7102 Attorney for Plaintiff 4 VERIFICATION Brian E. Morris hereby verify that the facts contained in the foregoing Plaintiff's Bill of Particulars are true and correct to tlhe best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 C.S. Section 4904, relating to unsworn falsification to authorities. Plaintiff in the within action, DATE: CERTIFICATE OF SERVICE I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug &Haller and counsel for Plaintiff, hereby certify that service of the PLAINTIFF'S BILL OF PARTICU~RS was made on the following by First-Class Regular Mail, Postage-Prepaid on June 1, 2004: Nichole M. Walters, Esquire YWCA of Greater Harrisburg Legal Clinic 114 Walnut Street, 2nd Floor Harrisburg, PA 17101 Tricia Kowalczyk u~J In the Court of Common Pleas of cuMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ISABEL N. MORRIS ¥$. BRIAN E. MORRIS Plaintiff Defendant ) Docket Number ) ) PACSES Case Number ) ) other State ID Number 04-1742 CIVIL 698106497 ORDER AND NOW, to wit on this 16TE DAY OF JUNE, :~004 1T IS HEREBY ORDERED that the C) Complaint for Support or C) Petition to Modify or C) Other filed on o-t~E 15, 2004 in the above captioned ALIMONY pENDENTE LITE matter is dismissed without prejudice due to: TEE pARTIES' INCOME CAPACITIES BEING APPROXIMATELY EQUAL AND THE DEFENDANT HAVING A CHILD SuPpORT OBLIGATION- C) The Complaint or Petition may be reinstated upon written application of the plaimiff petitioner. DRO: RJ shadday xc: plaintiff defendant Nichole Staley o'Go~maD, Esquire Grace D'Alo, Esquire Service Type M BY THEFT: Form OE-506 Worker 1D 2 3. 0 0 5 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants, Leonard and The Right Cut JUDITH PICKEL, Plaintiff VS. PATRICE LEONARD, individual and d/b/a The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1942 CIVIL JURY TRIAL DEIvlANDED NOTICE TO PLEAD TO: Plaintiffs and her counsel, YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days. DATE: :230570.¢ JOH~ON, DUFFLE, STEWART & WEIDNER J~(d,{on J. Shipman, E~tquire P.O. Box 109 Lemoyne~ PA 17~3-0109 A~orneys for Defendants, Leonard and The Right Cut Telephone: 717-761-4540 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market S~eet P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant, Leonard JUDITH PICKEL, V. Plaintiff PATRICE LEONARD, individual and d/b/a The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC. SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1942 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, PATRICE LEONARD, INDIVIDUALLY AND DOING BUSINESS AS THF RIGHT CUT AND NOW, come the Defendants, Patrice Leonard, individually and doing business as The Right Cut, by and through her counsel, Jefferson J. Shipman, Esquire, and file the following Answer and New Matter: 1. Admitted upon information and belief. 2. (sic) 3. Admitted. 4. Denied. The averments contained in Paragraph 4 are conclusions of law and fact to which no response is required. If a response is deemed to, be required, the averments contained therein are specifically denied. 5. Denied. The averments contained in Paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in Paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. The averments contained in Paragraph 7 are directed to another party and accordingly no response is required. 8. The averments contained in Paragraph 8 are directed to another party and accordingly no response is required. 9. The averments contained in Paragraph 9 are directed to another party and accordingly no response is required. 10. Denied. The averments contained in Paragraph 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 11. Denied. The averments contained in Paragraph 11 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 12. Denied. The averments contained in Paragraph 12 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 13. Admitted in part, denied in part. It is admitted only that the Plaintiff fell in the beauty supply store. The remaining averments of 13 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 14. Admitted in part, denied in part. It is admitted that at ,,;ome point in time the Plaintiff was in line to pay for her merchandise. The remaining averments of 14 are denied as stated. 15. Denied. After reasonable .investigation, Ms. Leonard is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. The averments contained in Paragraph 16, and subparagraphs (a) through (g) are conclusions of law and fact to which no response is required. If a response is deemed to be required, each and every averment of Paragraph 16, and subparagraphs (a) through (g) are specifically denied. By way of further response, subparagraph (g) has been stricken and deleted from the Complaint by way of Stipulation of Counsel. (a) Denied. It is specifically denied that Ms. Leonard was in any way negligent and careless by placing a filled hand basket on the floor in the vicinity of the Plaintiff; (b) Denied. It is specifically denied that Ms. Leonard was negligent in allegedly not notifying the Plaintiff that she had placed the hand basket beh~ind Plaintiff; (c) Denied. It is specifically denied that Ms. Leonard created a tripping hazard; (d) Denied. It is specifically denied that Ms. Leon-~rd was negligent in placing the hand basket on the floor; (e) Denied. It is specifically denied that Ms. Leonard was in any way negligent in allegedly failing to warn of a dangerous condition; (f) Denied. It is specifically denied that Ms. Leonard was in any way negligent in failing to correct a dangerous condition presented by the hand basked; and (g) Subparagraph (g) has been stricken and deleted from the Complaint by way of Stipulation of Counsel. 17. Denied. The averments contained in Paragraph 17 are conclusions of law and fact to which no response is required. 3 18. Denied. After reasonable investigation, Ms. Leonard is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 18 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 19. Denied. After reasonable investigation, Ms. Leonard is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 20. Denied. After reasonable investigation, Ms. Leonard is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 20 relating to Plaintiff's alleged medical expenses and treatment and the same are therefore denied and strict proof demanded at the time of trial. 21. Denied. After reasonable investigation, Ms. Leonard is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 21 relating to Plaintiff's alleged loss of earnings and the same are therefore denied and strict proof demanded at the time of trial. 22. Denied. After reasonable investigation Ms. Leonard is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 22 relating to Plaintiff's alleged severe physical pan and mental anguish and humiliation, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Patrice Leonard, individually a, nd doing business as The Right Cut respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II Judith Pickel v. The Right Cut 23. The answering Defendant incorporates herein by reference answers to Paragraphs 1 through 22 above as though fully set forth herein at length. 4 24. Denied. The averments contained in Paragraph 24, and subparagraphs (a) through (d), are conclusions of law and fac{ to which no response is required, if a response is deemed to be required, the averments contained therein are specifically denied. Denied. It is specifically denied that Defendant failed to properly instruct Patrice (a) Leonard; (b) (c) Denied. It is specifically denied that the Defendant failed to train Patrice Leonard; Denied. It is specifically denied that the Defendants were in any way negligent with respect to the Plaintiff's alleged cause of action; and (d) The averments contained in subparagraph (d) of Paragraph 24 has been stricken and deleted form the Complaint by way of Stipulation of Counsel. WHEREFORE, the Defendant, The Right Cut respectfully requests that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT III Judith Pickel v. Schoeneman Beauty Supply, Inc. 25. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 22 above as though fully set forth herein at length. 26. The averments contained in Paragraph 26, and subparagraphs (a) through (d), are directed to another party and accordingly, no response is required. WHEREFORE, the Defendants, Patrice Leonard, individually and doing business as The Right Cut respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. 5 COUNT III (sic) Judith Pickel v. Schoeneman Beauty Supply, Inc. 27. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 22 above as though fully set forth herein at length. 28. The averments contained in Paragraph 28, and subparagraphs (a) through (d), are directed to another party and accordingly, no response is required. WHEREFORE, the Defendants, Patrice Leonard, individually and doing business as The Right Cut respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT IV Judith Pickel v. Schoeman Beauty Supply, Inc. 29. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 22 above as though fully set forth herein at length. 30. The averments contained in Paragraph 30, and subparagraphs (a) through (d), are directed to another party and accordingly, no response is required. WHEREFORE, the Defendants, Patrice Leonard, individually and doing business as The Right Cut respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, Defendant interposes the following New Matter: 31. That the Plaintiff has failed to state a cause of action as to the answering Defendants. 32. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act and by the Doctrine of Cornparative Negligence. 33. That the Plaintiffs negligence consisted of the following: (a) Failing to watch where she was walking and stepping; (b) Walking in an inattentive manner; and (c) Walking in a hurried or otherwise inappropriate manner. 34. That the Plaintiff may have assumed the risk of her injuries. 35. That if it should be found that there was any negligent on the part of the answering Defendants, which is specifically denied, any such negligence was not a proximate or legal cause of any damages to the Plaintiff. WHEREFORE, the answering Defendants respectfully requests that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, .~N, DUFFLE, STEWART & WEIDNER ,;1~e~(~' J. Sh~pma~,'Esquire D. #: 51785 P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Telephone: 717-761-4540 7 VERIFICATION I, Patrice Leonard, have read the foregoing Answer and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. {}4904 ~'elating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. {34804. ' ~ice'-Leonard ,~ DATE: :230796.1 227253-1 CERTTFZCA TE OF SERI CE AND NOW, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Gregg Durlofsky, Esquire 111 west Germantown Pick Plymouth Meeting, PA 19462 Attorney for Plaintiff Gregory Cassamatis, Esquire Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Attorneys for Defendant Schoeneman :229812.1 JOHNSOI~, DUFFLE, STEVVART & WEIDNER P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants, Leonard and The Right Cut 227504-1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ISABEL N. MORRIS Plaintiff vs. BRIAN E. MORRIS Defendant ) Docket Number ) ) PACSF[S Case Number ) ) Other State ID Number 04-1742 CIVIL 698106497 ORDER OF COURT You, ISABEL NANCI MORRIS plaintiff/defendant of are ordered to appear at DOMESTIC RELATIONS REARING RM DOMESTIC RELATIONS OFC, 13 N H3-NOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the OwJLY 19, 2004 at I:30PM for a hearing. You are further required to bring to the hearing: 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to y6u:f~; 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker 1D 21302 MORRIS '4. MORRIS PACSES Case Number: 698106497 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE iMAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLA/qD CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERUmXD County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: {717) 240-6225 · All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 In the Court of Common Pleas of CUM~ERLANO County, Pennsylvania DOMESTIC RELATIONS SECTION ISABEL N. MORRIS Plaimiff vs. BRIAN E. MORRIS Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 04-1742 CIVIL 698106497 ORDER OF COURT You, BRIAN EUGENE MORRIS 320 LIBERTY CT, MECFd%NICSBURG, PA. 17050-1830-20 plaintiff/defendant of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N Fd%NOVER ST, CARLISLE, PA. 17013-3014-13 before a heating officer of the Domestic Relations Section, on the JULY 19, 2004 at i:30PM for a heating. You are further required to bring to the heating: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to'~°l~ 5. information relating to professional licenses 6. other: ~ Form CM-509 Service Type M Worker ID 21302 MORRIS v. MORRIS PACSES Case Number: 698106497 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES 'THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERld~ND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CD31BER~ County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: t717) 240-6225 · All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 BRIAN E. NANCI I. MORRIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-].742 MORRIS, : CIVIL ACTION - LAW Defendant : ACTION IN DIVORCE ~OTICE TO DEFEND ~ CLAT~ RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. 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, PA 17013 (717) 249-3166 BRIAN E. MORRIS, Plaintiff vs. NANCI I. MORRIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1742 CIVIL ACTION - LAW ACTION IN DIVORCE ~LAINTIFF'S PETITIONRAISINGAD~i,~TIONAL CLAI~4S pURSUANT TO Pa.R.C.p. ~1920.13(b) (2) OF ?a= DIVORC= CODE AND NOW, Comes ?laintiff, Brian E. Morris, by his attorneys, Purcell, Krug &Haller, and avers as follows: 12. through COUNT IV E~UIT~.BLE DISTRIBUTIO~ Plaintiff incorporates herein by reference paragraphs 1 11 as if set forth at length. 13. Plaintiff and Defendant have debts which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff prays the Court to equitably distribute the marital debt of the parties. IPURCELL, KRUG & 'chole M~tal ,ID #79866 l 1719 North Fron' Harrisburg, PA (717)234-4178 HALLER ~treet e 17102 Attorney for Plaintiff VERIFICATION I, Brian E. Morris · Plaintiff in the within action, hereby verify that the facts contained in the foregoing Petition are true and Correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~ERTIFICATE OF SERVi~CE I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug &Haller, counsel for Plaintiff, hereby certify that service of the PLAINTIFF'S PETITION RAISING ADDITIONAL CLAIMS PURSUANT TO Pa.R.C.p. ~1920.13(b) (2) OF THE DIVORCE CODE was served upon the following by first class regular mail on August 11, 2004: Nichole M. Walters, Esq'uire YWCA of Greater Harrisburg Legal Clinic 114 Walnut Street, Second Floor Harrisburg, PA 1710] Tricia Kowal{~~-- -- -- BRIAN E. MORRIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION NANCI I. MORRIS, : PACSES NO. 698106497 Defendant/Petitioner: DOCKET NO. 04-1742 CIVIL INDEX OF EXHIBITS Defendant's Exhibit No. 1 - QuickBooks statement Defendant's Exhibit No. 2 - Monthly business expenses Defendant's Exhibit No. 3 - 2003 federal tax return Defendant's Exhibit No. 4 - IRA statement Defendant's Exhibit No. 5 - Expenses Defendant's Exhibit No. 6 - Property Settlement Agreement Defendant's Exhibit No. 7 -- Health insurance statement Z-O ut Store Close - P. eceiptDate/T~m~: 111/200410;~0~0AMD6/11~z0044.~0:OOPM MINUS 5:1~25 PM SALES RETURNS NET Sales: ~ 15.Q0 3S,483.84 Tax: 2,165.80 1.08 2,16422 Tolal: 38,6b'7.64 19.08 38,648.S6 DISCOUNT BREAKOUT Global: PAID IN 2,~06-19 745~5 RECEIPT COUNTS ] Check Lisf~ng Net C~t: Cash Ilowt~al PAID OUT 06.75 66.75 DOLLARS Paid In: Paid Cut: Net: Check Net: All Ca,ds Paid Out: Net: AMEX Net: DSCVR Net: MASTER Paid Out: Net: VISA Paid Out: Net: Net: Page 1 NET 3,629.09 21(33 1 0 0 0 2~42~40 7,788.46 18,654.94 7a6.57 0.00 786.57 18,975.64 19.{~ 18,g55.56 Z07~67 ~076~7 Z77.01 19~ 3,106.35 0.00 13,515.61 bOO 13,515.61 250~9 The Havana Lounge and Tobacconist: Monthly Busine~ Expenses Rent - 1800.00 Health Insurance - 187.00 (For 1 employee, remainder of p~remium included in Personal expenses) Electricity- 100.00 DirecTV - 50.00 Phone - 89.00 Liability Insurance - 51.00 Water - 20.00 Gas - 75.00 Advertising - 250.00 Other (Office/Cleaning Supplies) - 100.00 Total Monthly Business Expenses: 2722.00 Form 465 (Rev December 2003) Installment Agreement Request "If you are filing this form with your tax return, attach it to page 1 of the return. Othenvise, see ins~uctions. Caution: Da not file this form if.you are currently making payments on an installment agreemanL Instead, call/-800-829- I040. If you are in bankruptc,y or we have accepted your offer-in-compromise, see 8ankruptc), or Offer-~tl Complomise in the instructions. I You, first name and initial Last name Y~r s~Jal securi~ mlmbe¢ BRIAN E MORRIS 211-62-0173 320 LIBERTY STREET MECHANICSBURG, PA 17050 2 If this address is new since you filed ),our last tax return, check here ...................................................... ~- ~ 3 766-6081 4 737-3660 7 Enter the tax return for which you are making this request (for example, Form 1040) .................... ~- F0~'~J 1040 8 Enter the tax year for which you are making this request (for example, 2003) ........................... 9 Enter the total amount you owe as shown on your tax return .............................................. 19 10 Enter the amount of any payment you are making with your tax return (or notice). See in,afl'uction~ ......... 10 11 Enter the amountyou can pay each month. Make your payments as large as possible to limit interest and penalty charges. The charges will continue until you pay in full ............................... 12 Enter the date you want to make your payment each month. Do not enter a date later than the 28th ...... 2003 44,315. 13 If you want to make your payments by electronic funds withdrawal from your checking aa=aunt, see the instructions and fill in lines t3a and 13b. "aRouting number · ' bAccount number I authorize the U.S. Treasury and its designated Financial Agent to initiate a monthly ACH electronic funds withdrawal entry to the financial institution account indicated forpayments of my Federal taxes owed, and the financial institution to debit the entry to this ac~ou/~t. This authorization is to remain in full force and effect until I notify the U.S. Treasury Financial Agent to terminate the authorization. To revoke payment I must contact the U.S. Treasury Financa Agent at 1-~0-829-~i040 no later than 7 business days prior to the payment (settlement) date. I also authorize the financial institutions invo ved n the process ng of the e ectronic payments of taxes to receive confidential information necessary to answer inquiries and resoive issues related to the payments. BAA For Privacy Act and Paperwork Reduction Act Notice, see separate insttucfions. Form ~465 (Rev 12-2003) Form 1 040 U.S. Individual Income Tax Return 2003 (99) IRS Use On~-Do outwore or st~d~ in~his,p,ce. For the year Jan ] - Dec 31, 2003, ur other tax year beginning ,2003, ending ,20 OMB No. Label Your erst name MI Last name Year social secur~y number (s.ei.sa~ions.) BRIAN E MORRIS 211-62-0173 Use the IRS label. Otherwise, please print or type. Presidential Election Home address (number and s~'eet). If you beve a P.O. box, see instructions. 320 LIBERTY STREET MECHANICSBURG, PA 17050 A Important! · You must enter your social security number(s) above. Campaign (See insbucbens.) Filing Status Check only one box. Exemptions If more than five dependents, see instructions. Note: Checking 'Yes' will not change your tax or reduce your refund. You Spouse Do you, or your spouse if filing a ioint return, want $3 to go to this fund? .......... ~' r~ Yes ~ No ~ Yes ~ No 1 X~ Single 4 I I Head of household (with quaJitying person). (See 2 ~ Married filing jointly (even if only ~ne had income) -- instructions.) If the qualifying person is a child but not your dependent, enter this child's 3 Married filing separately. Enter spouse's SSN above & full name here ~' name here.. ~ 5 ~ Qualifying widow(er) with dependent child. (See insttuctJees.) 6a ~J Yourself. If your parent (or someone else) can claim you as a dependent on his or --} ~.~fboxes b ~--'] Spouseher tax return,, do not check box 6a ............................................... ~ 6a'heCkN~.Ofed ~1,..and 6~ (2) Dependent's ('5) Dependent's (4) V~ a c Dependents: social security relationship dUalUyin0 · lived number to you child for c~ild tax credit with you ..... (1) First name Last name (see ms~) · Income Attach Forms W-2 and W-2G here. Also attach Form(s) *1099-R if tax was withheld. if you did not iget a W-2, see nstructions. Enclose, but do not affach, any payment. Also, ~lease use orm 1040-V. Adjusted 24 Gross Income 25 26 27 28 29 30 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ......................................... 8a Taxable interest. Attach Schedule B if required ........................................ bTax-exempt interest. Do not include on line 8a ............. I 8bi 9a Ordinary dividends. Attach Schedule B if required ...................................... b aaa~ divs (see instrs) .................................................. I 10 Taxable refunds, credits, or offsets ot state and ]~cal income texe~ (see i~tructions) ...................... 11 Alimony received ................................................ 12 Business income or (loss). Attach Schedule C or C-EZ. 13a Capital gain or (loss). Att Sch D if rs:id. If not reqd, ck here ........................ '"' [] P~-MW ~ ~.~, pm ~=-,~ ..................................... 14 Other gains or (losses). Attach Form 4-797 ......................................... 15a IRA distributions ........... 15a b Taxable amount (see instrs).. 16a Pensions and 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 ........................................................ ~Oa Social SEcurJ~ benefits ......... I 20al I b Taxable amount (see instrs).. 21 Other income 22 Add the amounts in the far right column for This is total income ..... Educator expenses (see instructions). .................. IRA deduction (see instructions) ....................... Student loan interest deduction (see instructions) Tuition and fees deduction (see instructions) Moving expenses. Attach Form 3903 ................... One-half of self-employment tax. Attach Schedule SE.. Self-employed heedth insurance deduction (see instrs). ..... Self-employed SEP, SIMPLE, and qualified plans ......... Penalty on eady withdrawal of sawngs ................ BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice. see instructions. 32a Alimony paid b Rec~pient's SSN,, ~' 33 Add lines 23 through 32a ........................................................... 34 Subtract line 33 from line 22. This rs your adiusted c)ross income. ....... 34 I FDiA0112L 01/16104 -66,965. 262,045. 195,080. 195,080. Form 1040 (2003) Form 1040 (2003) BRIAN E MORRIS 211-62-0173 Page ? Tax and 195,080. Credits Standard Deduction for- e People who checked any box on line 36a or 36b or who can be claimed as a dependent, see instructions. · All others: Single or Married filing separately, $4,750 Married filing ~ointl~ or uahfying widow(er), $9,500 Head of household, $7,000 35 Amount from line 34 (adjusted gross income) ......................................... 36aCheck ~- [~ You were born before January2,1939, E~Blind. Totalboxes if: L LJ spouse was born before January 2, 1939, LJ Blind. checked" 36a __ L b If you are married filing separately and your spouse itemizes deductions, or you were a dual-status alien, see instructions and check here ............ 37 Itemized deductions (from Schedule A) or your standard deduction (sse left margin) ................... --~8 Subtract line 37 from tine 35 ......................................................... 39 If line 35 is $104,625 or less, multiply $3,050 by the total number of axemptions claimed on line 6d. If line 35 is over $104,625, see the worksheet in the instructions .......... 40 Taxable income. Sutitrect line 39 from line 38. If line 39 is more than line 38, enter -0-. ..... 41 Tax (see iestrs). Check if any tax is from a [] Form(s) 8814 b [] Form 4972 m 42 Alternative minimum tax (see instructions). Attach Form 6251 .......... 43 Add tines 41 and ~ ............................................................... 44 Foreign tax credit Attach Form 1116 if required_ ............ 45 Credit for child and dependent care expenses. Attach Form 244]. 46 Credit for the elderly or the disabled. Attach Schedule R .... 47 Education credits. Attach Form 8863 ....... 48 Retirement savings contributions credit. Attach Form 8880... 49 Child tax credit (see instructions) 50 Adoption credit. Attach Form 8839 ............ 51 Credits from: a [] Form 8396 b~r-] Form 8859 52 Other credits. Check applicable box(es): a ~')Form 3800 b ~] Form c [--]Specify ~ 88D1 53 Add lines 44 through 52. These are your total credits .................................. 54 Subtract line 53 from line 43. If line 53 is more than line 43, enter -0. ................ 4,750. 190,330. 1,647. 188,683. 49,836. 49,836. 49,836. 49,836. Other Taxes Payments If you have a qualifying child, attach Schedule EIC. 55 Self-employment tax. Attach Schedule SE ...................................................... 56 Social security and Medicare tax on tip incomo not reported te emplayor. Attach Form 4137. ................. 57 Tax on qualified plans, including IP. As, and other tax*favored accounts. Attach Form 532~J if required ........... 58 Advance earned income credit payments from Form(s) W-2 ............................ 59 Household employment taxes. Attach Schedule H ...................................... 60 Add lines 54-59. This is your tetel tax ...................................................... 5,683. 61 Federal income tax withheld from Forms W-2 and 1099 ...... 61 1 62 2003 estimated tax payments and amount applied from 2002 return ........ 62 63 Earned income credit (EIC) ............................... I 63 I 64 Excess social security and tier 1 RRTA tax withheld (see instructions) ...... I 64 I 6~ Additional child tax credit. Attach Form 8812 ............... I 6~ I 66 Amount paid with request for extension to file (see i~structioes) .......... 66 I 67 0thorpmtefrom: a []Form2439 b []Form4136 c [~FormS~5 67 68 Add lines 61 through 67. These are your tetel payments ......................................... 5,683. Refund Direct deposit7 See instructions and fill in 7Ob, 70c, and 70d. Amount You Owe 69 If line 68 is more than tine 60, subtract line 60 from line 68. This is ~he amount you overpaid ............... 70a Amount of line 69 you want refunded to ~o~ .............................. ~' b Routing numbeK ....... I I ~. c Type: ~'~ Checking [] "' d Account number ....... I 71 Amount of (ice 69 you want applied tn your 2004 estimated tax ........ ~1 7'Il 1 72 Amount you ewe. Subtract line 68 from line 60. For details on how to pay, s~e instrncfiens ........ 7~ Estimated tax penalty (see instructions) .................... t 73 I Third Party Designee 44,315. Do you want to allow another person to discuss this return with the IRS (see instructions)~ ........................................................... [] Yes. Complete the following. [] No name ~. [:)1~p~1~ m3. ~' number (PIN) ~' Sign Here Joint return? See instructions. Keep a copy for your records. Paid Preparer's Use Only Date S~ouse's occupation ~ Firm's name DEVANEY & CO. , P.C. se,-emD,o~..d)'222 S MARKET ST - STE 202 ELIZABETHTOWN, PA 17022 SIN 23--2922842 Pho,, ,o. 717-367-3225 Form 1040 (2003) FDIAO112[. 01 I16104 Form 22~ 0 Underp. ayment of Estimated Tax by Individuals, Estates, and Trusts "See separate instructions. "Attach to Form 1040, 1040A, 1040NR, 1040NR-E"Z, or 1041. 2003 Name(s) shown on tax return Identi~ing nu~nb~ BRIAN E MORRIS 211-62-0173 Complete lines ] through 7 below. Is line 7 less than $] ,0007 ,[ .o Complete lines 8 and 9 below. Is line 6 equal to or more than line 9? [ ,[ .e Do You Have To File Form 22107 '- Do not file Form 2210. You do not owe a penalty. Yes You may owe a penalty. Does any box in Part II below apply? No Do not file Form 2210. You are not required to figure your penalty because the IRS will figure it and send you a bill for any unpaid amount. If you want to figure it, you may use Part III or Part tV as a worksheet and enter your penalty amount on your tax return (see instructions), but do not file Form 2210. Yes You do not owe a penalty. Do not file Form 2210 (but if box F below applies, you must file page ] of Form 2210 below). You must file Form 2230. Does box B, C, or D apply? No Yea [ ~, ~- You must figure your penalty. You are not required to figure your penalty because the IRS will figure it and send you a bill for any unpaid amount. If you want to figure it, you may use Part III or Part IV as a worksheet and enter your penalty amount on your tax return (see instructions), but file only page of For~a 2210. Required Annual Payment (see instructions) Enter your 2003 tax after credits from Form 1040, line 54 (or comparable line of your return). ............... Ill 49,836. Other taxes, including self-employment tax (see instructions) ............................................. Refundable credits. Enter the total of your earned income credit, additional child tax credit credit for Federal tax paid on fuels, and hea th coverage tax cred t for eig bio individuals ............................ 0. Current year tax. Combine lines ], 2, and 3 .............................................................. 49,836. Multiply line 4 by 90% (.90) .................................................. I 5 I 44,852. Withholding taxes. Do not include estimated tax payments. See instructions ............................... 6 5,683. Subtract line 6 from line 4. If less than $1,000, you do not owe a penalty; de not file Form 2210 ............ ! 44,153. Maximum required annual payment based on prior year's tax (see instructions) ............................ 11,344. Required annual payment, Enter the sma/let of line 5 or line 8 ........................................... 11,344,. Next: Is line 9 more than line 67 E~] No. You do not owe a penalty. Do not file Form 2210 unless box E below applies. ~-] Yes. You may owe a penalty, but do not file Form Z210 unless one or more boxes in Part II below applies. · If box B, C, or D applies, you must figure your penalty and file Form 2230. · If only box A or E (or both) applies, file only page 1 of Form 22]0. You are not required to figure your Penalty the IRS will figure it and send you a bill for any unpaid amount. If you want to figure your penalty, you rnay use Part or V as a worksheet and enter your penalty, on your tax return (see instructions), but file only page 1 of Form 2210.. ~ Reasons for Filing. Check applicable boxes. If none apply, do not file Form 2210. A [] You request a waiver (see instructions) of your entire penalty. You must check this box and file page 3 of Form 2210, but you are not required to figure your penalty. B C D E BAA For Paperwork Reduction Act Notice, see separate instructions. [~You request a waiver (see instructions) of part of your penalty. You must figure your penalty and waiver amount and file Form 2210. E~ Your income varied during the year and your penalty is reduced or eliminated when figured using the annualized income installment method, You must figure the penalty using Schedule Al and file Form 22~0. E~] Your penalty is lower when figured by treating the Federal income tax withheld from your wages as paid on the dates it was actually withheld, instead of in equal amounts on the payment due dates. You must figure your penalty and file Form E~] You filed or are filing a joint return for either 2002 or 2003 but not for both years, and line 8 above is smaller than line 5 above. You must file page 1 of Form 22 0. but you are not required to figure your penalty (unless box B, C, or D applies). Form 2210 (2003) FDIZD313L 12J31/03 Form 2210 (2003) BRIAN E MORRIS 211-62-0173 Page 2 ~ Short Method You may use the short method if: · You made no estimated tax payments (or your only payments were withheld Federal income tax) or · You paid estimated tax in equal amounts on your due dates. You must use the regular method (Part IV) instead of the short method if: · You made any estimated tax payments late, · You checked box C or D in Part II, or · You are filing Form 1040NR or 1040NR-EZ and you did not receive wages as an employee subject to U.S. income tax withholding. Note: If any payment was made earlier than the due date, you may use the short method, but using it may cause you to pay a larger penalty than the regular method. If the payment was only a few days early, the difference is likely to be small. 10 Enter the amount from line 9, Form 2210.. 11 Enter the amount, if any, from line 6, Form 2210 .............................. 11 12 Enter the total amount, if any, of estimated tax payments you made ........... 5,683. 13 Add Fines 11 and 12 ......... 14 Total underpayment for year. Subtract kine 13 from line 10. If zero or less, stop here; you do not owe the penalty. Do not file Form 2210 unless you checked box E on page 1 ............................... 15 Multiply line 14 by .02867.. 16 · If the amount on tine 14 was paid on or after 4/15/04, enter -0-. · If the amount on line 14 was paid before 4/15/04, make the following computation to find the amount to enter on line 16. Amount on Number of days paid line 14 x before 4/15/04 x .0001 t ....................... 17 Penalty. Subtract line 16 from line 15. Enter the result here and on Form 1040 line 73 Form 104OA, ne 48; Form 1040NR, ne 72; Form 1040NR-EZ, ne 26; or Form 1041, line 26, but do not file Form 2210 unless you checked a box in Part II on page 1 ................................................................. 11,344. 5,683. 5,661. 162. 0. 162. Form 2210 (2003) SCHEDULE C(99) Profit or Loss From Business OMSNo. 1545-0074 (Form 10e,0) (Sole Proprietorship) Del~artment of ~leTreasury ~'.a...rsh,p.,joth, v..tur.a, atc, mu., ,,. Fo..10.,, or,0 .. 2003 Internal Revenue Service I~ Attach to Fo.. 1040 or 1041. "' See Instructions for Schedule C (Form 1040). 09 Name of aroprieto~ BRIAN E MORRIS Socia~ security number (SSN) 211-62-0173 HAVANA LOUNGE & TOBACCONIST ~ 424940 HAVANA LOUNGE & TOBACCONIST 54-2107909 E a~i,essa,~dr,s, i,c,udi,;~orroo~r,o.>"4401 CARLISLE PIKE, SUITE D CAMP HILL, PA 17011 F Accounting method: (1) []Cash (2) E~Accrual (3) E~ Other (specify) ,- G Did you 'materially participate' in the operation of this business during 20037 If 'No,' see in';tr-uc~io-n; f;~-Ii~11i"~ o'-n;o';s';~'.-~-~;~' -~ N-o- H If you started or acquired this business during 2003, check here.. ~"I I Income ,G, ross receipts or sales. Caul]on. If this income was reported to you on Form W-2 and the r~l Statutory employee' box on that form was checked, see the instructions and check here .......... Returns and allowances ................................................................................ 2 Subtract line 2 from line ] .............................................................................. Cost of goods sold (from line 42 on page 2) ............................................................ 4 Gross profit. Subtract line 4 from line 3 ................................................................. Other income, including Federal and state gasoline or fuel tax credit or refund ............................. 6 Gross income. Add nas 5 and 6 ..................................................................... ~" 7 8 Advertising ................... 9 Car and truck expenses (see instructions) ............. 10 Commissions and fees ........ 11 Contract labor (see instructions) 12 Depletion ..................... 13 Depreciation and section ~ 79 expense deduction (not included in Part III) (see instructions) ............. -14 Employee benefit programs (other than on line ]9~ ........ 15 Insurance (other than health).. 16 Interest: a Mortgage (pard to banks, eto) ........ b Offie~ ....................... 17 Legal & professional services.. 18 Office expense. ............... business use of ,our home only/on line 30. 7,808. 19 Pension and profit-sharing plans ....... 20 Rent or lease (see instructions): a Vehicles, machinery, and equipment. b Other business property ............... Repairs and maintenance .............. 22 Supplies (not included in Part Ill) ....... 23 Taxes and licenses .................... 24 Travel, meals, and entertainment . a Travel ............................. 33, 955. b Meals and entertainment .... 8 1 9. c Enter nond~uctible / amount included on line 24b (see ins'as).. d Subtract line 24c from line 24b .... 2~ Utilities.. 26 Wages (less employment c~edits) ..... 125. 27 Other expenses (from line ~ an 28 Total expenses before expenses for business use of home. Add lines 8 through 27 in columns. ........... 33,545. 33,545. 35,000. -1,455. -1,455. 6,511. 5,447. 6,100. 4,745. 65,510. -66,965. -66,965. 29 Tentative profit (loss). Subtract line 28 from line 7. .................................................... 30 Expenses for business use of your home. Attach Form 8829 ...................................... 31 Net profit or (loss), Subtract line 30 from line 29. · If a profit, enter on Form 1040 line 12 and also on Schedule SE line 2 (statutory I employees, see instructions). Estates and trusts, enter on Form ]04t, line 3. ~ ................ · If a loss, you must go to line 32. ._~ 32 If you have a loss, check the box that describes your investment in this activity (see instructions). · If you checked 32a, enter the loss on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees, see instructions). Estates and trusts, enter on Form 1043, line 3. · . If you checked 32b. you must attach Form 6'198. All investment is 32a ~a at risk. Some investment 32b ] lisn°t at risk. BAA For Paperwork Reduction Act Notice, see Form 104~ instructions. Schedule C (Form 104~) 2003 ~zml~ ~on,~o3 Schedule C (Form 1040) 2003 BRIAN E MORRIS 211-62-0173 Page 2 ~ Cost of Goods SoJd (see instructions) ~3 Method(s) used to value closing inventory; a [] Cost b [] Lower of cost or market c []Other (attach explanation) 34 W,a,s th,ere any change in determining quantities, costs, or valuations between opening and closing inventory? if Yes, attacn explanatior~ ........................................................................................ []Yes 35 inventory at beginning of year. If different from last year's closing inventory, attach explanation .................................................................................... 35 36 Purchases less cost of items withdrawn for personal use ................................................. $7 Cost of labor. Do not include any amounts paid to yoursel[ ............................................... 38 Materials and supplies ................................................................................ Other costs ............................................................................................ 40 Add lines 35 through 39 ................................................................................ 41 Inventory at end of year ................................................................................ 42. Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on page 1, line 4 .............. 42 ~ Information on Your Vehicle. Comptete this par/only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 73 to find out if you must file Form 4562. ~'-~No 47,377. 37 38 47,377. 41 12,377. 35,000. 43 When did you place your vehicle in service for business purposes? (month, day, year) 44 Of the total number of miles you drove your vehicle during 2003, enter the number of miles you used your vehicle for: a Business b Commuting cOther 45 Do you (or your spouse) have another vehicle available for personal use?. ........................................... r'~Yes [-'~No 46 Was your vehicle available for personal use during off-duty hours7 .................................................. []Yes []No 47a Do you have evidence to suppor/your deduction7 .................................................................. []Yes [] No b If 'Yes,' is the evidence written?. .................................................................................. r~ Yes r-'] No ~ Other Experlses. List below business expenses not included on lines 8-26 or line 30. _B_U S_I_N~_ S_S_ _P R_O_M_O T_I_O_N ........................................... 4, 305. SECuKITY 440 48 Total other expenses. Enter here and on page 1, line 27 ........................................... I 48 4,745. Schedule C (Form 1040) 2003 Form 4562 BRIAN E MORRIS Depreciation and Amortization (Including Information on Listed Prooerb/) ~ See separate instructions. - --- '* Attach to your tax return. OMB No. 1545-0172 2003 IdentJlvi~g number 211-62-0173 SCHEDULE C - HAVANA LOUNGE & TOBACCONIST ~ Election To Expense Certain Property Under Section 179 Note: If you have any listed properly, complete Part V before you complete Pad I Maximum amount. See instructions for a higher limit for certain businesses .................. Total cost of section 179 property placed in service (see instructions) ..................................... Threshold cost of section 179 property before reduction in limitation.. Reduction in limitation. Subtract line 3 from line 2. If zero or less, enter -0-. ............................ Dollar limitation for tax year. Subtract line 4 from line 1. If zero or less, enter -0-. If married filing separately, see instructions ..................................... (a) Description of property (b) Cost (l:~si~ess use only) (c) Elected cost Listed property. Enter the amount from line 29 ..................................... L 7 I $100,000. $400,000. 8 Total elected cost of section 179 property. Add amounts in column (c), lines 6 and 7 ....................... 12 9 Tentative deduction. Enter the smaller of line 5 or line 8, ................................................. ~ 10 Carryover of disallowed deduction from line 13 of your 2002 Form 4562. ................................... 10 11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5 (see instrs).. 11 12 Section 179 expense deduction. Add lines 9 and 10, but do not enter more than line 1l ................... 13 Carryover of disallowed deduction to 2004. Add lines 9 and 10, less line 12 ........ ~3 I Note: Do not use Part II or Part III below for listed property. Instead, use Part V. ~ Special Depreciation Allowance and Other Depreciation (Do not include listed property.) 14 Special depreciation allowance for qualified properly (other than listed properly) placed in service during the 16 tax year (see instructions) .............................................................................. 14 15 Property subject to section 168(0(1) election (see instructions). ........................................... 15 16 Other depreciation (including ACRS) (see instructions) ................................................... ~ MACRS Depreciation (Do not include listed properb/.) (See instructions) Section A 29,709. 17 MACRS deductions for assets placed in service in tax years beginning before 2003... 18 If you are electing under section 1680)(4) to group any assets placed in service during tbe tax year in~ one or more general asset accounts, check here Section B - Assets Placed in Service Durin9 2003 Tax Year Usin; i the Genera) D ~recia~on S, stem ' (a) (b) taon~ and (C) ~as~ f~r deore~iatlon (d) (e) (f) (g) Depreciation b 5-year prope .......... ~d7 .......... 29,709. 7 HY 200DB 4,246. d 10-),ear property... -- · 15-year property.** f 20-year property... 925'yearpr°perty ......... 25 yrs S/T. h Residential rental 27.5 ~'rs :[~ S/L property ................. 27.5 yrs :[,24 S/L i Nonresidential real 3 9 ~rrs i[~J S/L property ................. ].~ S/T. Section C -.Assets Plac__e~ ~ Service During 2003 Tax Year Usin9 the Alternative Depre~-i~tleq System 20a Class life .... ~20 S/L b ] 2-year ..... ~;rs c 40-year ...... ~rs ~M S/L [~'~ Summary (see instructions) 21 Listed property. Enter amount from line 28 21 22 Total. Add amounts from line IZ, lines 14 through 17, Jine~ 9 and 20 in column (g), and ne Zl. Enter here and on the appropriate lines of your return. Partnerships and S corporations -- see instru~0ns ......................................... / ZZ I ~-~ 3 ~, 9 55. 23 For assets shown above and placed in service during the current year enter the portion of the basis attr butab e o sect on 263A costs ' BAA For Paperwork Reduction Act Notice, see instructions. FDIZOS12.L m/2S/05 Form 4562 (2003) 2003 ,ORM 1099-R 3istributionn From Pensions, Annuities, Retirement or ~roflt Sharinil P!ans~ IF~a~ insurance Contracts~ etc. 1-800-662-2739 PAGE 1 OF 3 OUP, P.O. BOX 2600' VALLE? ~RGE, PA 19482-2600 Payer's Name Vanguard Fiduciary Trust Company I,,,111,,,111,,,,I,1,11,,,,,,111,,I,,,11,11,,,,I,1,1 VFTC CUST ZRA A/C BRIAN E HORRZS BENE OF H ROBERT LASDAY 520 LIBERTY CT NECHANICSBURG PA 17050-18~0 Payer's Federal Identification Number 23-2640992 Recipient's Taxpayer Identification Number F~*eral income iix withheld in box 4, attach Copy B to your return. Plan Name I Fund Name Account Number Box 1: Box 2a: []ox 2b: ~Box 7: Box lO: Box 11: ,Box 12: Gross Taxable Taxable~ Distribution IRA/ Distribution Amount Amount Not Code(s) SEP/ State Tax State/Payer's State Determined ~ SIMPLE Withheld State No. Distribution BENEFICIARY II IA 09960941860 GROWTH INDE) FUND INV X 17,688.$9 17,688.59 X 1,768.8~ { 04 HEALTH CARE IUND IN¥ 09960941860 X 6S,989.29 6.5,989.29 X $,915.9SI 04 ASSET ALLOCA rlON FUND INV 09960941860 X 10,215.29 10,215.29 X0.0.. 004 MID*CAP INDEX FUND INV 09960941860 X xo.o,..o SMALL-CAP Gl~ 3WTH INDEX J09860941860 I X 22,7~.6.67 22,766.67 X 0.00 04 (lB I Income and Expense Statement PACSES Case Number Section m: Expenses Instructions: Only show extraordinary expenses in ~ section unless you ~led out Section II on page Cwo. The eategories in BOLD FONT are especially important for calculating child support. If you are requesang Spousal Support/APL or if you assert your ease cannot be determined according to the guideline grids or t0rmula, this section must be fully completed. EXPENSES Home Mo~gage/Rent UO. lities Electric Gas O~ Telephone Water Sewer Employment Public Transport. Lunch Real estate Automobile Life Accident He~th Other Automobile Payrr~nts FueI Repairs Medical (Fill in Appropriate Column) WEEK MONTH YEAR $ 500 '75 $ $ $ Total WEEK Expenses: EXPENSES (Fill in Appropriata Column) (continuexl) WEEK MONTH YEAR Education Private School $ $ $ College P~ligious Personal C]oming $ $ .~D $ ood I Ba~er/ Hairdresser l d Credit Payments Credit Card Charge Memberships Credit Union $ $ $ Miscellaneous Household Help $ $ $ Child care Paints/books Magazines Pay TV Vacation Legal fe~s Charitable Contr~ullons Other CMId s.. n 7?al. c0 Allmony Other 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 i8 Pa. C.S. § 49~y,j~tLng to uaswom falsification to authorities. Page 3 of 3 Fc Service Type PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , ~,~r~,'7 ,.2,900', is by and between: BRIAN E. MORRIS, of 257 R North Street, Harrisburg, Pennsylvania, 17101, party of the first pa~, hereinafter referred to as "Husband"; and JAMIE J. MORRIS, of 35 Winding Hill Drive, Mechanicsburg, Pennsylvania, 17055, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 14 March 1992 and they are the parents of one child, Bailey Christopher Morris, born 16 January 1997; WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apa~ from one another and Wife has initiated an action in divorce filed to No. 2000-6966 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CHILD SUPPORT. Husband shall payto Wife, for the support of their minor child, Bailey Christopher Morris, the sum of Seven Hundred Thirty-Seven and 50/100 ($737.50) Dollars per month, commencing on the first day of the onth following the entry of a final decree in divorce between the parties and continuing thereafter during the minority of the child. In addition to such cash payment, Husband shall pay fifty (50%) percent of all expenses incurred for the healthcare of the child, including medical, dental, and all other healthcare expenses, beyond those expenses paid by insurance. The parties agree that they will cooperate to implement the terms and provisions of this paragraph. Husband's payments under this paragraph shall be made privately to Wife unless Husband fails to make the payments when due, at which time, at Wife's sole election, the terms of this agreement shall be entered as an order by the Court of Common Pleas of Cumberland County, Pennsylvania, and Husband shall, thereafter, make such support payments through the Domestic Relations Qffice of that court. 2. COLLEGE EDUCATION FOR CHILD. Husband and Wife mutually represent that their child may desire formal education beyond high school and they do hereby agree to each pay fifty (50%) percent of the direct costs, including tuition, room and board, and other direct living expenses, of the child incurred in the I,~gitimate formal education of the child following high school, including college or trade school, up to a total of five years or until the child obtains an undergraduate college degree, whichever first occurs. 3. LIFE INSURANCE FOR BENEFIT OF CHILD. Husband agrees that he shall obtain insurance on his life paying a death benefit of at least $100,000.00 and name the parties' child as the sole and exclusive beneficiary of such policy. Further, Husband agrees that he shall pay ~11 premiums and take all actions necessary to maintain such insurance, without reduction in the death benefit, and continuing the child as the sole and exclusive.beneficiary, until the child attains the age of twenty-three (23) years. Further, Husband agrees that he shall provide proof to Wife, at least annually, of the continuation of such insurance in compliance with this paragraph. Wife agrees that she shall obtain insurance on her life paying a death benefit of at least $100,000.00 and name the parties' child as the sole and exclusive beneficiary of such policy. Further, Wife agrees that she shall pay al! premiums and take all actions necessary to maintain such insurance, without reduction in the death benefit, and continuing the child as the sole and exclusive beneficiary, until the child attains the age of twenty-three (23) years. Further, Wife agrees that she shall provide proof to Husband, at least annually, of the continuation of such insurance in compliance with this paragraph. 4. MARITAL RESIDENCE. The parties acknowledge that they were the owners of the marital residence at 35 Winding Hill Drive in Mechanicsburg, Cumberland County, Pennsylvania, and that Husband previously transferred that property to Wife alone, subject to the existing debt against it. Husband does hereby confirm that property to be the sole and separate property of Wife and Husband does hereby waive, release, and relinquish any and all interest in or claim to the said property. 5. MOTOR VEHICLES. The parties will transfer to Wife the jointly-owned 1995 Volvo 850 automobile and the parties acknowledge that such vehicle is owned free of any debt. The parties will transfer to Husband 'the jointly-owned 1995 Jeep Grand Cherokee automobile and the parties acknowledge that such vehicle is owned free of any debt. The parties agree that they will make, execute, acknowledge and deliver any and all documents necessary to transfer the titles as set out above. 6. WIFE'S ASSETS RELEASED BY HUSBAND. is currently the owner of the following assets: A. Wife's account at AIIfirst Bank. B. C. The parties acknowledge that Wife Wife's account within the Highmark 401(k) plan. Any pension Wife may have acquired as a result of her employment by Highmark or its predecessor. Husband does hereby waive, release, and relinquish, absolutely and without limitation, all of his right, title, or interest in or claim to the above assets and does confirm them to be the sole and separate property of Wife from and after the date of this agreement. 7. HUSBAND'S ASSETS RELEASED BY WIFI~. The parties acknowledge that Husband is currently the owner of the following assets: A. Husband's IRA with Fidelity Investments; B. Any pension Husband has as a result of his employment by Gmerek and Hayden, P.C. Wife does hereby waive, release, and relinquish, absolutely and without limitation, all of her right, title, or interest in or claim to the above assets and does confirm them to be the sole and separate property of Husband from and after the date of this agreement. 8. ALIMONY PEND£NTE LITE. Husband shall pay to Wife, as alimony pendente lite, the sum of One Thousand ($1,000.00) Dollars per month, commencing on 1 October 2000 and continuing until the end of the month in which the final decree in divorce is entered between the parties. The payments shall be made by Husband to Wife directly, without payment through the Domestic Relations Office or any court. Both parties will treat the payments, for tax purposes, as alimony so that Husband shall deduct the payments from his income and Wife shall include the payments within her income, for income tax purposes. Wife shall proceed with the divorce action between the parties so that it will be concluded promptly and so that Husband's obligation to pay alimony pendente lite hereunder can terminate and his obligation to pay child support in accordance with this agreement can then commence. 9. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, househoJd furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to. the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 10. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all c. laim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distlribution of the same. 1 1. WAIVER OF ALIMONY, SPOUSAL SUPPORT AND ALIMONY PENDENTE LITF The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that: they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 1 2. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these prese~ts for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, execu'tors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either par-ty may have against the other. 13. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMR. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any' and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony )endente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 14. REPRESENTATION AS TO NO DEBT,C;. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not >reviously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joi=nt names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 15. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to haw~ a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 16. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the econ, omic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representatiol~ with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 17. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be r~sponsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 18. CONCLUSION OF DIVORCE. The parties agree that they shall, promptly upon the request of Wife's attorney, make, execute, acknowledge, and deliver unto said attorney, consents and waivers pursuant to Section 3301(c) of the Pennsylvania Divorce Code and any and all other documents reasonably necessary to conclude a divorce action. The parties agree that they shall take any and all action necessary to conclude a divorce ~ursuant to Section 3301(c) promptly after the execution of this agreement. 19. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced ~n accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 20. SEVERABILIT¥. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain vapid and fully enforceable. 8 21. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have s~et their hands and seals the day and year first abo~e w'r'~ten. Witness~ BRIAN E. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) On this, the ~ day of ~'~J/~¢x~t,~x~ ,~.2.0~0~, before me, the undersigned officer, ~ersonally appeared BRIAN E. MORRIS known to me (or satisfactorily proven) to be the )erson whose name is subscribed to the within instrument, and acknowledged that said )erson executed same for the purposes therein contained .... ..' se~ IN WITNESS WHEREOF, I hereunto set my ha~d"~nd official ~ Ohades Frank Class iii, Nota~ Public ~ Lower Paxton Twp., ~auphin County [ COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF (-. '~- r'~, 5 ~ ) On this, the IHeL' day of ~f'~'~' ,_2.OGO,~efore me, the undersigned officer, personally appeared JAMIE J. MORRIS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said ~erson executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Comfnission ExlSires: TARy PUBLIC · . CU~.~L4 10 I INSURANCE, INC. The Havana Lounge & Tobacconist INVOICE: 10119799 ACCOUNT: 760286 DUE DATE: 8/20/2004 BILLING FOR THE MONTH OF: 9/2004 Group Lite Medical Dental Vision Supp Life Depend Life Addt'l Life STD LTD Total Premium Total Insured Employees: 2 2 I 1 Premium Amount: 10.00 665.82 14.88 3.72 $694.42 $714.42 Adjustments: Chamber Dues: ............................................................ 10.00 Important Reminders Invoice Payment Please pay as billed and return invoice payment using the enclosed return envelope or mail invoice payments to: PCI Insurance, Inc. P.O. Box 8500-54773 Philadelphia, PA 19178-4773 Enrollment Changes Please forward ALL enrollment changes and updates separately from your invoice payment. Enrollment changes and updates should be submitted as the event occurs and can be faxed to: 717.72(}.5598 or mailed to: PCI Insurance, Inc. Please visit our web site at www.pciinsurance.com for important updates to the Attention: Operations Center ChamberAdvantage. Group 5 Select Participation Guidelines and updated 417 Walnut Street Frequently Asked Questions documents regarding these programs. Harrisburg, PA 17101 Changes to coverage outside of open enrollment may be made as a result of these qualifying events: adoption, birth, marriage, divorce, legal separation, death of a spouse or dependent and loss of coverage. If yOU have questions regarding the invoice, please call 877.463.9891. L PLEASE RETURN THIS PORTION WITH YOUR PAYMENT PCl INSURANCE, INC. P.O. BOX 8500-54773 PHILADELPHIA, PA 19178-4773 THE HAVANA LOUNGE & TOBACCONIST 4401-D CARLISLE PIKE CAMP HILL, PA 17011 PLEASE PAY FULL AMOUNT DUE ' ACCOUNT 760286 BILLING CYCLE 9/2004 DUE DATE 8/20/2004 'AMOUNT DUE $1,418.84 ' AMOUNT PAID Please remember to make all checks payable to: PCl insurance, Inc. INVOICE: 10119799 Commerce Online - Check Image Page 1 of 1 To pdnt this page Click Here. Close Window This is the front of your check 1133 HAVANA LOUNGE & TOBACGONIST fO0 & & :l ~f e.'O,a & aO &ftc, This is the back of your check https://banking.commercepc.com/popup/checkImage.asp?serialNum=0000001133 &amoun... 8/24/2004 z · -i [-- · ~' 0 m e- Z ~ .-I o --I .~. 0 o 0 o 0 o ~ ~ GO 0 · Commerce Online - Check Image Page 1 of I To print this page Click Here. Close Window This is the front of your check I(AVABi~k LO4JNGE & ~ACCOI#ST 1 111 This is the back of your check ...... ~ . . :.'.~ ~?;T https://banking.commercepc.com/popup/cheCkImage.asp?serialNum--0000001111 &amoun... 8/24/2004 BRIAN E. MORRIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent:. CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION V. · PACSES NO. 698106497 NANCI I. MORRIS, ' Defendant/Petitioner: DOCKET NO. 04-1742 CIVIL INTERIM ORDER OF CO.U]~--T-T AND NOW, this 1st day of September, 2004, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it ~s ordered and decreed as follows: The Wife's claim for alimony pendente lite is denied; provided, however, that the Husband shalt continue to provide health insurance coverage for the benefit of the Wife as is presently in place pending the entry of a final decree in divorce. The parties are hereby advised that they may file written exceptions within ten (10) days of this to the Support Mast-r s Report and Recommendation order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. ¢ Cc: Nanci I. Morris Brian E. Morris Nichole Waiters, Esquire For the Plaintiff " n Esquire Nichole Staley OLsorma , For the Defendant DRO BR AN E. MORRIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent:. CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION V. · PACSES NO. 698106497 NANCl I. MORRIS, ' Defendant/Petitioner: DOCKET NO. 04-1742 CIVIL SUPPORT MASTER'S REPORT AN__D R_ECOMMENDATiO--N ~ 'n- held before the undersigned Support Master on Follow nga nean g August 30, 2004 the following report and recommendation are made: FINDI_NGS OF F.A~CT] 1. The Plaintiff hereinafter as "the Husband," is Brian E. Morris, who resides at 35 Winding Hill Drive, Mechanicsburg, Pennsylvania. 2. The Defendant, hereinafter referred to as "thE, Wife" is Nancy I. Morris, who currently resides at a confidential address. 3. The parties are husband and wife having married on December 20, 2001. 4. The parties separated on or about April 4, 2004. 5. On or about May 13, 2004 the Husband filed the present action for divorce. 6. The Wife filed a petition for alimony pendente lite which is presently at issue. 7. The Wife is a native of BraZJL 8. The parties met in an internet chat room and corresponded regularlY. 9. The Wife came to the United States on December 4, 2001, and the parties were married two weeks later. 10. Prior to relocating to the United States the Wife was an attorney working for the Government of Brazil earning $120,00(:).00 to $150,000.00 per year. 11 .The Wife has not been gainfully employed since moving to the United States. 12. In April, 2003 the parties met with an attorney specializing in immigration law for the purpose of applying for citizenship for the wife. EXHIBIT "A" 13.The Husband did not file the apptication for citizenship as the Wife's sponsor prior to the separation. 14. Since the separation the Wife has filed for resid, ent status in the United States as an abused spouse of a United States citizem 15.The Wife filed ~ complaint against the Husband under the Protection from Abuse Act. 16, Although denyi~g any abuse, the Husband entered into a consent order in the PFA action. 17,The Wife has resided in a shelter since the separation. 18.The Wife does not have legal authority to be employed in the United States. 19. In July, 2004 the wife was diagnosed with lymphoma and with an inoperable brain tumor. 20. Because of the disease and treatment the Wife is presently disabled and unable to work. 21 .The Husband was employed for six years as a government affairs specialist prior to the marriage earning $28,000,00 to ,$43,000.00 annually. 22.The Husband was not employed when the parties married. 23.The Husband's mother died in February, 2002, 24.The Husband received an inheritance in excess of $360,000.00 following his mother's death. 25.The parties lived off of the inheritance for approximately 18 months. 26.On August 1,2003 the Husband started a business operating as The Havana Lounge and Tobacconist. 27.The Husband utilized approximately $180,000.00 of his inheritance to pay start-uP costs for the business. 28.The business operated at a loss for the balance of 2003. 29. In 2004 the business has had average monthly gross profits of approximately $3,407.00. 30. In 2004 the Husband's business has had average monthly operating expenses of $2,722.00. 31 .The Husband has approximately $23,162.00 remaining from his inheritance. 32. Over 70% of the proceeds generated from sales in the business are cash. 33. The Husband routinely removes cash from the register to pay personal bills. 34.The Husband has a minor child from a prior marriage for whom he has an obligation to pay $737.50 per month. 35.The Husband is presently residing with his former wife and their child. 36. The Husband provides health insurance coverage on himself and the Wife at a cost of approximately $527.00 per month. 37.The Husband will file his 2004 tax return as married/separate. 38.The Husband has a liability to the internal Revenue Service for unpaid income taxes for tax year 2003 in the amount of $44,315.00. 39.The Husband filed for bankruptcy protection i,n August, 2004. DISCUSSION_ The purpose of alimony pendente lite is to enable a dependent spouse to prosecute or defend a divorce action. Litmans v. Lit_romans 673 A.2d. 382 (Pa. Super. 1996). Calculation of an alimony pendente lite award is performed in the same manner as spousal support under the guidelines. Mascaro. v. Mascaro_ 803 A.2d. 1186 (Pa. 2002). An earning capacity may be imputed to a dependent spouse who has no actual earnings in computing a spousal supporl or APL obligation. Ke__ssler v. H_elmick, 672 A.2d. 1380 (Pa. Super. 1996). This is so even when the dependent spouse is not employed during the marriage. Strawn v. Str._awn, 664 A.2d. 129 (Pa. Super. 1995). The Plaintiff argues, however, that in this case no earning capacity should be imputed to her for two reasons. First, under the immigration laws of this country she is not permitted to be gainfully employed without receiving work authorization from the INS. Secondly, because of her medical condition and the regimen of her chemotherapy treatment, she is totally disabled and cannot work. The Defendant argues that the Plaintiff could have worked following the separation had she returned to Brazil where she had a six figure income before the marriage. He does not challenge her present physical incapacity to obtain and retain gainful employment arty's earning capacity is that amount he or she can realistically be Ap . expected to earn under the circumstances considering his or her age, health, physical and mental condition and training. R_Riley v. Fole_~, 783 A.2d. 807 (Pa. Super. 2001 ). In the opinion of this Master it is not realistic to expect the Wife to immediately return to Brazil upon separation when divorce litigation is in process. Within three months of the separation the wife was diagnosed with inoperable cancer and became physically disabled. Considering all of the circumstances in this case, no earning capacity will be imputed to the Wife. The Husband was not employed in any capacity for the first 19 months of the marriage. He had worked for approximately six years as a government affairs specialist prior to the marriage earning $43,000.00 in his last year of employment. The Husband began receiving a substantial inheritance shortly after the parties were married, and the parties supported themselves on the inheritance. In 2003 the Husband made a decision to start his present business which opened on or about August 1,2003. As with the majority of start-up businesses, a loss was incurred during the remainder of the year. The business has operated profitably in 2004 with income exceeding expenses by approximately $685.00 per month. The Husband continues to defray the majority of his personal expenses by withdrawing funds from his inheritance account which has a current balance of approximately $23,000.00. The Wife argues that the Husband should be imputed with an earning capacity commensurate with his prior income as a government affairs specialist. However, the Husband was not employed when the parties married in December, 2001, has never worked as a government affairs specialist during the course of the marriage, and did not work during the marriage until opening his business in August, 2003. While it is true that the Husband could have ,returned to work in his prior field instead of opening the business, it appears that the decision to start the cigar lounge was one jointly made by both parties. The Wife, with her legal background, assisted with much of the paperwork involved in setting up the business. She also worked at the lounge several hours per day prior to the separation. There is no evidence that the Husband has voluntarily reduced his income to avoid a support obligation to the Wife. The Husband's inheritance does not constitute income for the purposes of determining a support obligation. _Humphreys v. D_eRoss_ 790 A.2d. 281 (Pa. 2002). The Husband is also faced with a substantial debt to the Internal Revenue Service for unpaid income taxes for 2003 when the parties were together. The Husband is currently paying his former wife $737.50 per month as support for their child This obligation must be deducted from the Husband's income before calculating any monetary obligation owed to the Wife as alimony pendente lite.~ See Pa. R.C.P. 1910.16-a. 4 in adjudicating a claim for alimony pendente lite, a Court should consider "the ability of the other party to pay, the separate estate and income of the petitioning party, and the character, situation and surroundings of the parties." L_itman__s v. Littmans, supra at 389. While it is clear that the Wife does not have sufficient i~me or assets to meet her needs during the pendency of this action, in the opinion of this Master the Husband does not have the financial ability to pay alimony pendente lite. However, a recommendation will be made that he continue to provide health insurance coverage on the Wife as is presently in place pending the final decree in divorce. RECOMMENDATION The Wife's claim for alimony pendente lite is denied; provided, however, that the Husband shall continue to provide health insurance coverage for the benefit of the Wife as is presently in place pending the entry of a final decree in divorce. Michael R. Rundle Support Master BRIAN E. MORRIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 04 - 1742 CIVIL NANCI I. MORRIS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 9yt,., day of +iiVL/JA4 2005, the Master having been informed of the death of the Defendant, Nanci I. Morris, on November 7, 2004, and having been provided a certified copy of a death certificate verifying the death of the Defendant, the appointment of the Master is vacated. BY THE COURT, cc: vNichole M. Staley O'Gorman Attorney for Plaintiff ~ichole M. Walters Attorney for Defendant y ~ 09.-D9-OS 10 :C1 H~:; ;~';- G~~J _Ii ~,.., G ~li, i'; lO certifv that llll' informatiun here given is correctly copied from an original certificate of death duly filed \vilh me as K;d RC\2,i"'trar~ Tht' qri~in"l certificate \vill he forwarded to till' State Vital Records Office for per1l1~ltlCnl filing. -'.... '- WARNING: It is illegal to duplicate this copy by photostat or photograph. F,-'l' for this certificate. $2.00 ~{~\~KM!l,f~'~~_ #~~ / ~,...:f<F~ 4'~/, \'A'\. (.,'$1/ 1li'~~\ P~i ?;. \~~ [B:.:fl :I~~ .. ". . ',' , (t~~ ...)~/ \~~_.' /.'.'~l ~- "'-ft.,.. c ~\: " """~",..-:"ENl \\""",11 ""-"-"-N~ P 10887860 No. Hl051-43Rav2187 ~/?;~ ... d I,Deal Rcgi:-:.trar i~OV 11 2004 Date COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH MOTHER'S N/IlME (First. Midda. Maid8rl Surnern.) ". INFORMANT'S MAILING ADDRESS (Stre8t, CHyITown, Slale. ZIp Code) 2~.35 Winding Hill Drive, Mechanicsburg, PA PLACE OF DISPOSITION. Nam. ofCelll8\11ry. Crflmalory LOCATION. CitylTown, Slate. Zip Cod<l llfOtl1<lrPlace Cremation Society 0 2ic.pennsylvania Crematory NAME AND ADDRESS Of FACIlIT 22c. Services. Inc., llCHlSE NUMaER <!NT I~NT '" NAME Of DECEQ,ENT (first, Mlddla, Lilt) 1. AGE (lnt Elirthdlly) BIRTHPLACE (Cilyand Slaltor ForelgonCounlry) HI.... Brazil I"".~.nlm 7. 'a. FACiliTY NAME: (II nOl in$l~utlon, gl'1'8 ,treflland numoer) 'z. . 'EX 2:. Female Morris I. 36 '{II COUNTY OF DEATH Harrisburg KINO Of BUSINESS IINOUSTR'\' Harrisburg :-'$ DECEDENT eVER IN US_ ARMED FORCES? '{esO Noli] 12. lb. Dau hin DECEDENT'S USUAL OCCUPATION (o....=:~~~~ k. 11a. Homemaker 11b. Domestic DECEDENT'S MAIUNG ADDRESS (Stf~, CltyITC'lIf\. $liI\e.lip oda) DECEDENT'S P.O. Box 1039 ~~~:b~LNCE ~. Carlisle, PA 17013 ~~i~rs FATHER'S NAME (Flr,l, Middla, t.ast) ". INFORMANT' NA E (TypalPrllll) 20a. METHQO OF DISPOSITION OonlItioo 0 Bunal DCrllrTl8bon m1ImO\'al ffom$llde 0 0 . 21a. Qlher{$plIQly} 21b. . 51 FUNE L Vie I E.NSEE OR ~RSON ACTING AS SUCH . " l1a.Slale PA '" det'l(/8nl h~.in a lownship? 17b. COunl~ Cumberland Jose h Ferreira Brian E. Morris 12. 200 LICENSE NUMBER '2b. FD 013376 To the bNt 01 my knowiedg8,d8ath OCI':O"radal 1M time, daleaod!ll&C4stat<Kt (Signet......I\ndTille) ,,... TIME OF DEATH trcfb 1-1 M 24. DATE PRONOUNCED DEAD (MC<\\h. Da'j, Yllilf\ 21. f'...L.t>v€TYI8t:--n........ T. 4'}t,.--;i./ 2:7. PART I: E..le,th.dlo.o_."""...."'compl_._hc.....dlh.d_. Donol_'Iho_.oldylng,.uch...anlloco,_plrato<y,,,'"I,.h,,,,~o'h..rt'.ilu'. L1...,.,ly""'..ouwonoochlul. IMMEDIATE CAUSE (Final dis8aseor C<ln{jjtlQrl f8$ultingin death)-+ , INT12-I\'CI2.AN,~L B)tEb)N~, UUElO\Ol\.o.s"COIi8EQlIENCEOFj b. Tl-h-t-t'O"YlBO( VTV PEN! A I C NOND~TO;:~:2:~~UE~EO: ~OR'" ACON QUEH F) resullmgOflOeath)LAST d, A'!- ') VVERE AUTOPSY FIN[)jNGS MANNER OF DEATH AVAll.ABlE PRIOR TO ............... COMPLETION OF CAUSE Nflufill L:::J OF DE....lI-n Acddenl 0 o DATE OF DEATH (~(lnth, Dey> Year) 04. NDV f1t1(j}?'12 711 20..1 R..,_D ~:;,,,,) 0 RA . Am8rtcan Ind:I;ro, BI.atl<_IMIi\e, 11\ (SpilClfy) Hispanic! 10. razilian SURVIVING SPOUSE (1...Ie,g1vomo"",",,"rn.) " 'I1c.DYes,d6cEIdenlh~8din 11d.D ~~hl~a:~\i~l:':af i~. B-rian Mon:is ~p Carlisle cllylbaro Nair Ferreira 17055 ''''. Harrisburg, PA 17109 Harrisburg, PA 17109 DATE SIGNED (Monlh.O"y.YealJ 23b. 23c. WAS CASE REFERRED TO A MEDICAL EXAMINER /CORONER? 21. YuKi JL No 0 'Approxlm6te PART II: Other sillnif,caotCOl1d!tlOOa COf\t(1but<<vw IQ \iealh, WI : illlervalbtllwea 001 resuitlllg InlhEI undlrtYlIlg cilusegiYelI 111 PART I : 0I1S81andoealh '-lei , lo")l.:;l t, [ STII4tcJr i t/Y>vV : '2,...." rnA IS COI DATE OF INJURY (1.1"""'.0.,,'1...) HDmlckle o o o Pending Inye~ligallul\ ,~ PlACE OF INJURY buiOin~,.'".I~lyJ ,~. 30b. -Alho,,,a, lilrm. Slreel factory,olfice " YesD NoD '0<. yesO No 'IuD ~I!!J SUICIde CO...doolbtl<leleflTllned 281. 28b. CERTIFIER (CheckOl1ly one) "~~~T:tJ'~~IGor~~"~~~J'g~,S~~~":~~~~~:t':: ~:I~~= ~~~r~.hmFe~~~fId_~~il.~ ~~ .';orf1I-"e.!Qd itam 23) ". 'PRONOUNCING AND CERTIFYING PHYSICIAN (PhYSICIan both pronouoong dllath am! cel1itylflg 10 caU08 of dealh) Tothab..tolmyknowlad\J&,dUUlOl:CWIlRllttMtlme,oate,mdplul.lndduelo!heclu"s('jlnd mlnlleru silled... "MEDICAL EXA~INERlCORDNER On tl\tl baala ola..mlnallon Ind/or Inv..llglllon, In my opinion, death occurred al tha time, dlte,....d pllce, tI\d dua IQttle c..uau\toj.ll<l fMI'\-nt1"n-.teted.. 311. REGIS~'S SIGNAT 33, (.L/n/'I1- bJ Il-'I..-r I TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURy OCCURRED /'WI) 0311). LICE E NUMBER 3 c. DATE SIGN~Dpl.~ll)., Dav, Y,e,-) o 'kll1f)O~1 hE "0. vv 2f' UJtJ'f NAME AND ADDRESS OF PERSON",...,.,O CO)o\PLEi1ZD AUSE OF.OE-'\.TH I') (lIem27)T~pllorPnnl fZ-vL~l) (L. . {~K.ft?.1I'li:-"'"Y'L r1'I o .?- .-U L-.AS, /1-(2. b/L . 32. I ..."38;"1126 A If DATE FILED (Monlh, Day, Year) ". ry/~~ -to fJe ;5cA-tlr/&t7