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HomeMy WebLinkAbout09-2289ABRAHAM LAW OFFICES 45 East Main Street. Hummelstown, PA 17036 (717) 566-9380 AMY E. SMITH Plaintiff v. COLBY B. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. pq _ aa89 Ccvi I Terwt : CIVIL ACTION -LAW DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or aanulment 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 ar 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 mamage, you may request marriage counseling. A list of marriage counselors is available in the Office of Court Administrator, 4~' Floor, Cumberland County Courthouse, Cazlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR E~P'ENSES 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 5ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4"' Floor, Cumberland County Courthouse Carlisle, PA 1 ?013 (717) 240.6200 AMY E. SMITH : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. COLBY B. SMITH :CIVIL ACTION -LAW Defendant :DIVORCE COMPLAINT AND NOW, comes Plaintiff, Amy E. Smith, by and through her attorney, James W. Abraham, Esquire, Abraham Law Offices, Hummelstown, Pennsylvania and files the following: COUNT I - NO-FAULT DIVORCE (Pursuant to 23 Pa C S Section 3301(c)) 1. Plaintiff, Amy E. Smith, is an adult individual who resides at 6240 Run Cross Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant, Colby B. Smith, is an adult individual who resides at 6240 Run Cross Lane, Enola, Cumberland County, Pennsylvania. 3. Plaintiffhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 30, 1990 in Ligonier, Fennsylvania. S. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are not members of the Armed Forces of the United States. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. COUNT II - EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. Plaintiff and Defendant have accumulated real and personal property and other assets during the course of the marriage, which are marital property and marital assets; as well as debts during the marriage which are marital debts. 11. Plaintiff is entitled to the fair and equitable distribution of Plaintiff's equitable share of said property and assets in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests your Honorable Court to equitably distribute the marital property and debts hereto. COUNT III ALIMONY. I • MONY PENDENTE LITE COUNSEL FEES d~ COSTS 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. Plaintiffs income and/or earning capacity through appropriate employment is substantially and significantly less than Defendant's income and/or earning capacity and has been substantially and significantly less throughout the marriage. 14. Plaintiff has insufficient funds to support herself in accordance with the standard of living and station of life which the parties established during the marriage through appropriate employment; and Defendant's substantially higher income enables Defendant to contribute to the support and maintenance of Plaintiff and to pay alimony in accordance with the Divorce Code of Pennsylvania. 15. Plaintiff is without sufficient funds to support herself and is unable to appropriately maintain herself during the course of this litigation and the pendency of this action; and Defendant's substantially higher income enables Defendant to pay alimony pendente lite to Plaintiff in accordance with the Divorce Code of Pennsylvania. 16. Plaintiff is without sufficient funds to retain and/or continue to retain counsel to represent her in this matter; and without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and adequately litigate her rights in this matter; and Defendant's substantially higher income enables Defendant to pay Plaintiff's attorney fees and costs of the litigation hereto. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to award Plaintiff alimony, alimony pendente lite, attorney fees and costs. Respectfully submitted: James W. Abraham, Esq. Abraham Law Offices 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Plaintiff, DATE: Amy E. Smith ~ ~~.-09 _,.. - ~ I, ~ ~' the. undersigned, herby verify and eotm that the foregoing document and the statements made therein are tine-and-c©t to-the best of;my l~o~vlsdge, informs#on and belief. I fiu~her understand that any £~se meats :herein.are sula,~ect to the penalties of Title 18 Pa.C.S.A. Section 49Q~ relating tfl,unswQrn falsification to authorities. DATE: ~{ -~ 3 - a q . , CERTII+'ICA~ 111H' SER~~E I, James W. Abraham, Esquire, the undersigned, hereby certify that I-have served a five and correct copy of the foregoing document, by certified mail, upon the following person at the following address on the date stated herein: Colby B. smith 6240 Run Cross Lane Enola, FA 17025 DATE: y-~ 3 - a James W. Abraham, Esquire FIt.E~7-i~1t~ QF THE PF~~I~~'~~TAI~Y 2QQ4 APR ! 3 PSI ! ~ ~ 4 C~.~P~R~ _~° ~:.:~.~uti~Y ~~l(, .5o P~ ATN q~* ~1d9 0 '~ f~t~ a a3ss3 3°'`~efs ABkAHAM LAW OFFICES,LLC 45 East Main St.,Hummelstown,PA 17036 717-566-9380;Fax 533-9385;abelawAcomcast.net Attorney for Plaintiff,Amy E. Smith AMY E. SMITH : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09—2289 CIVIL TERM COLBY B. SMITH : CIVIL ACTION—LAW Defendant : DIVORCE MOTION FOR APPOINTMENT OF MASTER , 4 Amy E. Smith,Plaintiff, moves the court to appoint a master with respect to tic following claims: n _ ( x) Divorce (x ) Distribution of Property -- = ( ) Annulment ( ) Support (x ) Alimony (x) Counsel Fees (x ) Alimony Pendente Lite (x ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The Defendant has appeared in the action by an attorney, Emily Long Hoffman, Esquire, 255 Market St., Millesburg, PA 17061. 3. The statutory ground(s) for divorce is irretrievable breakdown. 4. The action is contested with respect to the following claims: Divorce, Equitable Distribution,Alimony, APL, Counsel Fees, Costs &Expenses 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the Motion: None. Date: 1/30/14 James W. Abraham, Esquire Attorney for Plaintiff, Amy E. Smith AND NOW, , 2014, Esquire is appointed master with respect to the following claims: • BY THE COURT: CERTIFICATE OF SERVICE I, James W. Abraham, Esquire,the undersigned,hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following person(s) at the following address(es) on the date stated below: Emily Long Hoffman, Esquire 255 Market Street Millersburg PA 17061 DATE: 1/30/14 James W. Abraham, Esquire ABRAHAM LAW OFFICES, LLC 45 East Main St., Hummelstown, PA 17036 717-566-9380; Fax 533-9385;abelaw(&comcast.net Attorney for Plaintiff, Amy E. Smith = 1,''1 21) JAN 30 Apf11: t0 CUMBERLAND D COU' -((-yy AMY E. SMITH : IN THE C( �1y10N PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09—2289 CIVIL TERM COLBY B. SMITH : CIVIL ACTION—LAW Defendant : DIVORCE PLAINTIFF'S INVENTORY Plaintiff, Amy E. Smith, files the following Inventory of all of the property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years, with Verification attached hereto and made part hereof. ABRAHAM LAW OFFICES,LLC James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 717-566-9380 Attorney for Plaintiff, Amy E. Smith DATE: 1/30/14 ASSETS OF THE PARTIES Defendant marks on the following list those items applicable to the above-captioned action and itemizes the assets on the following pages. (x) 1. Real Property (x) 2. Motor Vehicles ( ) 3. Stocks,bonds, securities and options ( ) 4. Certificate of Deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life Insurance policies (face, cash surrender value/beneficiaries) ( ) 10.Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (owners,percentage of,positions held) ( ) 16. Employment termination benefits/severance pay, workers comp. ( ) 17. Profit sharing plans (x) 18. Pension plans (employee contributions/date plan vests) (x) 19. Retirement Plans, IRAs ( ) 20. Disability payments ( ) 21. Litigation claims (matured/unmatured) (x) 22. MilitaryN.A. Benefits ( ) 23. Education benefits ( ) 24. Debts, including loans, mortgages (x) 25. Household furnishings and personalty(include as total category; attach itemized list if distribution of assets is disputed. ( ) 26. Other: 2 MARITAL ASSETS ITEM NO. PROPERTY DESCRIPTION ALL OWNERS 1 Marital Residence, 2125 Whitehall Lane, Enola, PA Joint 18 Commonwealth Of Pennsylvania pension Husband 19 IRA—State Street Bank& Trust Wife 22 Military pension Husband 25 Household furnishings Joint NON-MARITAL ASSETS 1 Eddie Bauer 401(k) Wife 2. All assets acquired by either party after date of final separation. MARITAL DEBTS ITEM NO. DESCRIPTION CREDITOR DEBTORS AMOUNTS 1 Mortgage—marital First Third Bank Joint $400,000.00 residence NON-MARITAL DEBTS 1. All debts incurred by either party after date of final separation. PROPERTY TRANSFERRED Plaintiff and Defendant sold the former marital residence and purchased the existing marital residence since separation. Plaintiff has not transferred any other property. Plaintiff reserves any and all claims to property transferred by Defendant, if any. 3 • VERIFICATION I, James W. Abraham, Esquire, the undersigned, attorney for Plaintiff, Amy E. Smith, hereby verify and confirm I have reviewed the statements made in the foregoing document with Plaintiff and that Plaintiff hereby verifies that said statements are true and correct to the best of Plaintiff's knowledge, information and belief, and Plaintiff understands that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 1/30/14 James W. Abraham, Esquire CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following person(s) on the date stated herein: Emily Long Hoffman, Esquire 255 Market Street Millersburg PA 17061 DATE: 1/30/14 James W. Abraham, Esquire ' ABRAHAM LAW OFFICES, LLC 45 East Main Street, Hummelstown, PA 17036 717-566-9380; Fax 566-9385;abelaw(&comcast.net Attorney for Plaintiff,Amy E. Smith AMY E. SMITH : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09—2289 CIVIL TERM COLBY B. SMITH : CIVIL ACTION—LAW Defendant : DIVORCE r a G rn -G � --u- PLAINTIFF'S INCOME & EXPENSE STATEMENT -„ ,-).- 3ca ter,': Plaintiff, Amy E. Smith, files the following Income & Expense Statement in the�abbovgn captioned action in divorce in accordance with Pa.R.C.P. 1920.31, with Verification attached hereto and made part hereof. ABRAHAM LAW OFFICES,LLC 7A(.--------- James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 717-566-9380 Attorney for Plaintiff, Amy E. Smith DATE: 1/30/14 INCOME Employer: Eddie Bauer, LLC Gross pay per period: $46,880.00 annual gross; $1,904 gross bi-weekly; $1,275 net bi-weekly. Deductions: See attached pay stub Federal Withholding: Social Security: Medicare: Local Wage Tax: State Income Tax: Unemployment: Retirement: Savings Bonds: Credit Union: Health Insurance: Life Insurance: Union Dues: Other(Specify): Net Monthly Income: $ 2,762.00 ($1,275 x 26 div.by 12) Other Income (Net Amounts): Month Year Interest: Dividends: Annuity: Social Security: Rents: Royalties: Expense Account: Gifts: Unemployment compensation: Worker's compensation: Other(Specify): Spousal Support: Total: $ None $ None TOTAL NET INCOME: $ 2,762.00 $ 33,144.00 2 CHECK NO: A441183 - EST. 1 920 EDDIE BAUER LLC CHECK DATE: 5/24/2013 10401 NE 8TH STREET PERIOD ENDING: 5/18/2013 SUITE 500 BELLEVUE,WA 98004 PAY FREQUENCY: BI-WEEKLY PAY PERIOD: 05/05/2013-05 SMITH,AMY E ID NUMBER: 0988114683 STATUS EXEMPT TAX ADJUSTMENTS: STATE AND LOCAL CODE 2125 WHITETAIL LANE BASE RATE: 1,900.24 FED: MARRIED 1 FED: ST: PRI: PA LOCI: EP LOC3: ENOLA, PA 17025 SSN: ST1: 0 DI/UC: SEC: LOC2: LOC4. ST2: LOCAL: L005 IMPORTANT MESSAGE PHONE NUMBER:800-599-9393 CURRENT DISCOUNT CODE: 174 HOURS AND EARNINGS TAXES AND DEDUCTIONS SPECIAL INFORMA CURRENT Y-T-D CURRENT Y-T-D DESCRIPTION HOURS/UNITS EARNINGS HOURS/UNITS EARNINGS DESCRIPTION AMOUNT AMOUNT REGULAR 23.7530 64.00 1,520.19 752.00 17,658.31 SO SEC TAX 118.06 1,281.84 FAST 309,: HOLIDAY .00 .00 32.00 746.19 MEDICARE SERVICENUMBER 27.62 299.79 PERSONAL VACATION 23.7530 8.00 190.03 40.00 950.13 TAX HOLIDAY BAL SICK 100% 23.7530 8.00 190.02 24.00 565.43 FED INC TAX 163.82 1,893.50 MERCHANDISE .00 4.00 .00 4.00 PRI-STATE QTD DTHOURS TAX 58.46 634.71 QTD HOL HOURS PERSONAL .00 .00 32.00 750.83 PRI-LOCAL QTD OTHOURS HOL TAX 30.47 330.77 QTD PERS SUP-LOCAL 2.00 22.00 HOURS . TOTAL H/E 80.00 1,904.24 880.00 20,674.89 TAX QTD REG HOURS SDI/UC TAX 1.33 14.48 QTD SICK HOURS QTD VAC HOURS TOTAL TAXES 401.76 4,477.09 VACATION BAL PRE-TAX ITEMS AFTER-TAX ITEMS CURRENT NET P 401K -114.01 -1,240.21 401K ROTH AT 114.01 1,240.21 DISTRIBUTION EXPENSE REIMB .00 -121.34 XXXXXXXXXXXXX0333 TOTAL PRE-TAX -114.01 -1,240.21 CHECK AMOUNT TOTAL 80.00 1,790.23 880.00 19,434.68 TOTAL PER,DED 114.01 1,118.87 GROSS PRE-TAX FIT TAXABLE LESS TAXES LESS DEDS EQ NET PAY CURRENT 1,904.24 -114.01 1,790.23 401.76 114.01 1,274.46 TOTAL CURRENT NET Y-T-D 20,674.89 -1,240.21 19,434.68 4,477.09 1,118.87 13,838.72 PAY ©2011 Ceridian Corporation.All rights reserve EXPENSES Month Year Residence: Rent 1,200.00 (estimated pending physical separation) Maintenance Homeowners insurance Utilities: Electric 100.00 (estimated pending physical separation) Gas Telephone 125.00 Water Sewer/trash Personal: Food 400.00 Clothing 300.00 Other Automobiles: Payments: 294.00 Insurance/Repairs/Maintenance/Fuel 200.00 Medical: Doctor: Dentist/Orthodontist Hospital Medicine Special Needs (eye care, etc.) - Contacts Education: Private/Parochial School College: Credit Payments: Credit cards Charge accounts Memberships Outstanding Loans: Creditor: 3 Month Year Miscellaneous: Household help: Child care: Pay/Cable/TV/Computer Legal Fees: 200.00 Charitable contributions Vacation Entertainment Gifts—Holidays/birthdays Other(specify) Support/Alimony TOTAL EXPENSES: $ 2,819.00 $ 31,500.00 4 VERIFICATION I, James W. Abraham, Esquire, the undersigned, attorney for Plaintiff, Amy E. Smith, hereby verify and confirm I have reviewed the statements made in the foregoing document with Plaintiff and that Plaintiff hereby verifies that said statements are true and correct to the best of Plaintiff's knowledge, information and belief, and Plaintiff understands that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 1/30/14 James W. Abraham, Esquire CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following person(s) on the date stated herein: Emily Long Hoffman, Esquire 255 Market Street Millersburg PA 17061 DATE: 1/30/14 James W. Abraham, Esquire ' ,j.BkAHAM LAW OFFICES,LLC 45 East Main St.,Hummelstown,PA 17036 717-566-9380;Fax 533-9385;abelaw @comcast.net Attorney for Plaintiff,Amy E. Smith AMY E. SMITH : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09–2289 CIVIL TERM COLBY B. SMITH : CIVIL ACTION–LAW Defendant : DIVORCE c- MOTION FOR APPOINTMENT OF MASTER re CA) D _4 Amy E. Smith,Plaintiff, moves the court to appoint a master with respect to following claims: -7C-) (x) Divorce (x ) Distribution of Property – — i ( ) Annulment ( ) Support (x) Alimony (x ) Counsel Fees (x ) Alimony Pendente Lite (x ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The Defendant has appeared in the action by an attorney, Emily Long Hoffman, Esquire, 255 Market St., Millesburg, PA 17061. 3. The statutory ground(s) for divorce is irretrievable breakdown. 4. The action is contested with respect to the following claims: Divorce, Equitable Distribution, Alimony, APL, Counsel Fees, Costs &Expenses 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the Motion: None. Date: 1/30/14 James W. Abraham,Esquire Attorney for Plaintiff, Amy E. Smith AND NOW, /0 , 2014, r �L� ! 1- if Esquire is appointed master w respect to the following claims: r rra p. CO BY THE COURT:, o *—z z c A-4J ,¢ `�' f leg P CERTIFICATE OF SERVICE I, James W. Abraham, Esquire,the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following person(s) at the following address(es) on the date stated below: Emily Long Hoffman, Esquire 255 Market Street Millersburg PA 17061 1C " DATE: 1/30/14 James W. Abraham, Esquire ABRAHAM LAW OFFICES, LLC 45 East Main Street, Hummelstown, PA 17036 717-566-9380; Fax 566-9385; abelaw@comcast.net Attorney for Plaintiff, Amy E. Smith AMY E. SMITH : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c.) (--- v. : NO. 09 — 2289 CIVIL TERM T' `1 rn as rn 3,.. n,?, COLBY B. SMITH : CIVIL ACTION — LAW cn r- � l' -G x' .r- cD . Defendant : DIVORCE n;. PRE-TRIAL STATEMENT OF PLAINTIFF AMY E. SMITH r`' AND NOW, comes Plaintiff, Amy E. Smith, by and through her attorney, James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania and files the following: 1. Plaintiff, Amy E. Smith (hereinafter "Wife") is an adult individual who currently resides at 2125 Whitetail Lane, Enola, Pennsylvania and is presently forty-six (46) years of age. 2. Defendant, Colby B. Smith (hereinafter "Husband") is an adult individual who resides at 2125 Whitetail Lane, Enola, Pennsylvania, and is presently fifty-seven (57) years of age. 3. The parties have been married for approximately nineteen (19) years from the date of the marriage on June 30, 1990 through their date of final separation on or about April 13, 2009, when Wife filed for divorce, but neither party moved out of the marital residence as at the time, the parties' six (6) children resided at the marital residence. Currently, four (4) of the six (6) children, ages nine (9) through fifteen (15) continue to reside at the marital residence. 4. Husband works for the federal government and earns approximately $120,000.00 gross per year and Wife works at Eddie Bauer and earns approximately $50,000.00 gross per year. Wife started working at Eddie Bauer full time a few months prior to the date of final separation (April 13, 2009, date of divorce filing), however, Wife's 401(k) account did not begin until after the date of final separation. 5. The major marital assets include Husband's federal pension and military pension and the marital residence, however, there is little or no equity in the marital residence. 6. During the course of the nineteen (19) year marriage, Husband was the sole and/or primary wage earner as Wife was a "stay-at-home Mom" for the parties six (6) children. 7. Wife submits and proposes the following as to equitable distribution: A. Husband to receive the marital residence. B. Wife to receive fifty (55%) percent of Husband's pension benefits by QDRO. C. The parties would keep the vehicles in their current possession. D. The parties will maintain all other personal property in their respective possession. E. Wife's 401(k) account through her employer, Eddie Bauer, is a post- separation asset and is not marital property and is not subject to distribution. 8. Wife submits and proposes that Wife would receive alimony in the amount of $1,500.00 per month as it is Wife's intention to relocate and physically separate from 2 Husband prior to the divorce master hearing. 9. In consideration of a fifty-five (55%) percent allocation to Wife and forty- five (45%) to Husband of the marital assets, each party would pay their respective attorney fees and costs. 10. LENGTH OF HEARING: Husband submits that the Master's hearing will take one (1) day. 11. WITNSSES & EXHIBITS: Witnesses: 1) Wife 2) Husband on cross-examination. 3) Any witnesses presented by Husband on cross-examination. 4) Wife reserves the right to call additional witnesses in rebuttal or otherwise as permitted by the Court. Exhibits: 1) Actuary valuation of Husband's pensions (pending). 2) Wife's recent 401(k) statements attached. 3). 2012 Local Tax document stating gross annual income of the parties attached. 12. SPECIAL EVIDENTIARY ISSUES: Wife is not aware of any special evidentiary issues. 3 WHEREFORE, Wife respectfully requests Your Honorable Court to enter an Order as stated in Paragraphs 7, 8 and 9 herein as to any and all claims of this divorce action, as well as any other relief the Court may deem proper. DATE: 8/4/14 Respectfully submitted: James W. Abraham, Esquire Abraham Law Offices, LLC 45 East Main Street Hummelstown, PA 17036 717-566-9380 Attorney for Plaintiff, Amy E. Smith 4 VERIFICATION I, James W. Abraham, Esquire, the undersigned, attorney for Plaintiff, Amy E. Smith, hereby verify and confirm I have reviewed the statements made in the foregoing document with Plaintiff and that Plaintiff hereby verifies that said statements are true and correct to the best of Plaintiff's knowledge, information and belief, and Plaintiff understands that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 8/4/14 James W. Abraham, Esquire ITI1COLBY 05(28/2013 1:51 PM GS -32-1 (8.12) • TAXPAYER ANNUAL LOCAL EARNED INCOME TAX RETURN HAMPDEN TWP, CUMBERLAND VALLEY S D You are entitled to receive a written explanation of your rights with regard to the audit, appeal, enforcement, refund and collection of local taxes. Contact your Tax Officer iu have relocated during the tax year, please supply additional inforrnation. Tax Year DATES LIVING AT EACH ADDRESS STREET ADDRESS (No PO Box, RD or RR) CITY OR POST OFFICE STATE ZIP TO TO See Statement 1 MYTIME PHONE NUMBER RESIDENT PSD CODE . EXTENSION ''If you need additional space - please see back of forrn. AST NAME, FIRST NAME, MIDDLE INITIAL 3mith Colby B SPOUSES LAST NAME, FIRST NAME, MIDDLE INITIAL Smith Amy E ;TREET ADDRESS (No PO Box, RD or RR) 2125 Whitetail Lane ;ECOND LINE OF ADDRESS ;ITY Enola STATE PA ZIP CODE 17025 MYTIME PHONE NUMBER RESIDENT PSD CODE . EXTENSION - - AMENDED RETURN _ NON-RESIDENT _ 210401 The calculations in the column, ONLY - Single X reported in the first regardless of whether Combining income USE BLACK OR BLUE Married, Filing Jointly column - MUST pertain to the name the husband or wife appears is NOT permitted. INK TO COMPLETE THIS Mulled, Filing Separately printed first. FORM Final Return* Social Security # Spouse's Social Security # 484-04-2802 191-40-8299 If you had NO EARNED check the reason disabled deceased _ homemaker unemploye --.. INCOME, why: student military retired If you had NO EARNED check the reason disabled -- - deceased homemaker unemploye INCOME, why: student military retired Gross Compensation as Reported on W -2(s). (Enclose W -2s) 120,308 .00 49,770 .o0 , Unreimbursed Employee Business Expenses. (Enclose PA Schedule UE) , Other Taxable Eamed Income * .00 .00 Total Taxable Earned Income (Subtract Line 2 from Line 1 and add Line 3) 120,308.00 49,770.00 . Net Profit (Enclose PA Schedules') NON-TAXABLE S -Corp earnings check this box: _ .00 .00 Net Loss (Enc)ose PA Schedules') .00 .00 . Total Taxable Net Profit (Subtract Line 6 from Line 5. If less than zero. enter zero) .00 .00 . Total Taxable Earned Income arid Net Profit (Add Lines 4 and 7) 120,308.00 49,770.00 . Total TaX Liability (Line 8 multiplied by 1.60000% 1.60000%) 1,925.00 796 .00 0, Total Local Earned Income Tax Withheld as Reported on W -2(s) 1,925.0o 796.0o 1. Quarterly Estimated Payments/Credit From Previous Tax Year .00 .00 2. Miscellaneous Tax Credits .00 .00 3. TOTAL PAYMENTS and CREDITS (Add Lines 10 through 12) 1,925.00 796.00 4. Refund IF MORE THAN $1.00, enter amount (or select option in 15) .00 .00 5. Credit Taxpayer/Spouse Credit to next year (Amount of Line 13 you want as a credit to your account) Credit to spouse .00 .00 6. EARNED INCOME TAX BALANCE DUE (Line 9 minus Line 13) 0 .00 0.00 7. Penalty after April 15* (multiply Line 16 by ) .00 .00 8. Interest after April 15* (multiply Line 16 by ) .00 .00 9, TOTAL PAYMENT DUE (Md Lines 16, 17, and 18) 0.00 0 .00 .ee Instructions Under penalties of perjury, I (we) declare that I (we) have examined this information, including all accompanying schedules and statements and to the best of my (our) belief, they are true, correct and complete. YOUR SIGNATURE SPOUSE'S SIGNATURE (If Filing Jointly) DATE (MM/DD(YYYY) PREPARER'S PRINTED NAME & SIGNATURE Dwayne Keller PHONE NUMBER 717-516-0700 Irish Green Eddie Bauer LLC 03Ec 10401 NE Rh Street Suite 500 Bellevue WA 90004-4346 111111111111PIPhl"ill1'111'11I1f1"111 11111111111111"1111 AMY SMITH 2125 WHITETAIL LANE ENOLA PA 17025.3052 OD543e Managing Your Account AUL's Retirement Services Division offers our customers 24-hour account management capabilities. These tools allow you to view your investment option information, change your investment elections, transfer your balances between investments, update your personal information and much more. Yow account can be accessed through the website and/or the toil -free interactive voice response system listed below. Visit us online at www.aneamerica.com 6 Participant Se -vice Center 1-$00.249.6269 atPlan Number 925781 Social Security Number 1,111,**°2s02 "i+* Your Plan's Representative RS SPEC iAL MARKETING SERVICES Date of Entry 10/01/2009 Preparing for Retirement .=-1111. s. A household budget can put you in -control of -your spending -to heip you - — work toward your financial goats. To develop your budget. first calculate the total monthly income for your household. Then, add up the monthly expenses. Think about changes you could snake to your spending to help you reach your goals. It may take a few months to get your budget right, so adjust it if necessary. Information About Your Plan To better assist you in working toward your financial goals, we have made some exciting enhancements to ourwebsrte. including easy access to log in to your account and enhanced resources to help you along your financial journey. Check out the new site atwww.oneemerlca.com. Also, be sure to visit our special retirement preparation resources at www.oneamerice.cornitoolbox. In addition, we have been making improvements to our Account Services website to make it easier to manage your account online. More information will be corning as we get closer to launching the new Account Services, P1I1II 11tl IE ft 1I1I AUL '8B101r,tle144110CIL3lr47 m4e1.A'JAUIOI.FFT.AuI ....,.C35?F 1...o2EC P. on g! Q VourCantrttiut7ons. • $.1,373.84 O Companyl Cantnbutions $457,98 al investment Gain/Loss . $506.88 Ica tie 6313114 fli A-a-G/r- 3 /1,7-z r Total Vested Account Value 533,76113 I Personal Performance of Your Retirement Accoum During This Period 1.56% During the Past 12 Months 9.85% Source of Account Dollars 401(k) Deferral Employer Match Roth Deferral SS 401kMatch Total Account Value 1113,152.70 82,231.48 813,152,70 $G,,22324 $33,760.13 CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document, by first class mail and/or hand delivery, upon the following person at the following address on the date stated herein: E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Emily Long Hoffman, Esquire 255 Market Street Millersburg PA 17061 DATE: 8/4/14 James W. Abraham, Esquire Emily Long Hoffman, Esquire Attorney ID 66307 255 Market St. Millersburg, PA 17061 717-979-8849 Attorney for Defendant/Respondent AMY E. SMITH Plaintiff v. COLBY B. SMITH Defendant CF 22I1,4UG 7 p,�� CU/ 1�?r I PE Fig S y1: cot J }, :IN THE COURT OF COMMON PLEAS 4 h/a :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09-2289 CIVIL TERM: :CIVIL ACTION - DIVORCE DEFENDANT, PRE-TRIAL STATEMENT 1. List of Assets: # Description 1. 2125 Whitehall Lane, Enola, PA 2. Commonwealth of PA pension 3. Military Pension 4. IRA with State Street Bank and Trust 5. IRA'Fidelity Destiny Plans II • 6. IRA Fidelity Destiny Plans II 7. Eddie Bauer 401(k) 8. Fidelity Destiny Plans II 9. Monumental Life Insurance 9. Household furnishings 2. Expert Witnesses Owner Possessor JT JT H H H H W W JT H IT JT 1. Real estate appraiser may be needed. 2. Retirement appraiser may be needed. Vehicle appraiser may be needed. We reserve the right to update this list as needed. 90882 1 Notes Value to be determined Purchased 9/12 for $417,000 VA Loan H In pay status Commissioned 6/78 Retired 10/01 $1,768 as of 7/13 $2,070 as of 7/13 May be post separation $207 as of 7/13 No cash value Loan in the amount of $42,000 approx. 3. Witnesses 1. Colby B. Smith We reserve the right to call additional witnesses if needed. 4. Exhibits 1. Statements associated with various assets. 2. Spreadsheets outlining family budget (attached hereto) 3. Tax returns and Pay statements We reserve the right to update this list 5. Defendant's income Updated tax return and pay statements will be provided at conference Comm. Of PA $4,860.10 gross bi-weekly USMC Retirement Income $1392.30 gross bi-weekly 6. Defendant's monthly expenses: Attached hereto as set forth on spreadsheet Yearly expenses exceed yearly income by approximately $11,638.98 7. Value of Retirement Benefits: to be determined. 8. Fees: Husband has attorney fees. 9. The main issues are: 1. Property valuation and property distribution. 10. Debts: Creditor Debtor Notes First Third Bank Mortgage JT Honda Loan payment VA Mortgage Care Credit Blue Visa NavCheck Life Insurance Loan (Monumental) Home Depot Best buy USAA 11. Proposed resolution of economic issues: In the amount of approximately $400,000 approx. $24,000 owed on Husband's car approx. amount of $21,500 owed Financial Charge Overdraft $8,500 Approx. $42,000 owed on loan against policy Appox. $723 Approx. $487.58 Approx. $17,500 The parties will maintain the same household until their economic circumstances allow them to financially part ways. 90882 1 Date: 8/4/2014 ctfully submitted, Emily Long Hoffinan, Esquire Sup. Ct. ID # 66307 255 Market St. Millersburg, PA 17061 (717) 979-8849 CERTIFICATE OF SERVICE A true and correct copy of the attached document was served on opposing counsel on this day via U.S. First Class Mail addressed as below: James Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 By: Date: 8/6/2014 90882 1 Respectfully submitted, Emily Lon Hoffman, Esquire = 1:51-WttkLY Category BALANCE i1:31= AMT MUNIIA113r AMS _ - EXPENSE TYPE An"ntiah Monthl 0 -Income $1,392.30 $1,392.30 $3,016.64 USMC Retirement (incl extra $750 W/H tax.perbmonthi)2(12/24/13: added 1.5% COLA) (+$250 in W/H tax - $3011.02) $55,260.00 $4,605.00 $4,860.10 $3,467.81 $7,513.58 Pay - CoPA (Apr 2013 - new norm - $3270.37) (7/1/13 - 6% - NO) (8/13/13 - $3299.62; med waiver app'd) (1/1/14 - $3328) (mid-July 2014 - $3499.17; remainder of 2014 - $3489.25) $135,609.00 $5,199.75 $4,860.10 $0.00 2.25% eff 3/1/14; 2.25% eff 4/1/14; 2.0% eff 7/1/14; less 1.0% health increase (applied factor of .70 to adjust for annual budget) $4,860.10 $4,860.10 1 -Monthly Fixed $4,814.18 ($45.92) ($99.50) Orthodontist - Aliza ($99.50/mo until Nov 2015; down pmt was $1,062.50) $4,783.59 ($30.58) ($66.27) Orthodontist - Alivia, Ava ($99.50/mo until 20_; _ down pmt $_,_._) $4,682.37 ($101.22) ($219.32) USAA (5/15/14 - updated; $1315.91/ 6 mo starting in July 2014 ($219.32 monthly)) $3,602.75 ($1,079.62) ($2,339.17) Mortgage (VA Loan): 2/1/14 - $2317.26 (pmt thru 1/1/15 - $2,339.17 - escrow shortage) $3,602.75 $0.00 $0.00 SAVINGS / INVESTMENT $3,581.67 ($21.08) ($45.68) CareCredit (Farley - surgery ($110 X 4 mos May, Jun, Jul, Aug; $108.17 Sep) (annualized at $45.68 per month) entered 4/15/14 $3,573.59 ($8.08) ($17.50) YMCA (to Amy) ($30/mo for 7 mos) $3,573.59 $0.00 $0.00 Reserved . $3,573.59 $0.00 $0.00 Reserved 2 -Monthly Variable $3,527.44 ($46.15) ($100.00) - PAWC ($99.24 per month 2/13 to 2/14) $3,365.90 ($161.54) ($350.00) ATT (7/22/14 - $350/mo (need $27.50/mo from CDS) (contribution from Alexandra - $50 per month) $3,273.59 ($92.31) ($200.00) Comcast ($196 per month 2/13 to 2/14) $3,144.36 ($129.23) ($280.00) PPL ($275.05 per month 3/13 to 2/14) $3,121.28 ($23.08) ($50.00) UGI ($44.41 per month for 2/13 to 2/14) $2,890.51 ($230.77) ($500.00) Blue VISA - Payoff (NFCU Auto X-fer) $2,807.44 ($83.08) ($180.00) Blue VISA Finance Charge $2,761.28 ($46.15) ($100.00) NAVCHECK Finance Charge $2,761.28 $0.00 $0.00 Repayment - Kids Accts (CDS: $6660.26; AJS: $2110.77; CBS: $1471.27) GOAL - $150 per month $2,657.90 ($103.38) ($224.00) Insurance Loan - Interest Payment ($224/month) (6% x $31,934.53; 7.25% x $10,515.24) (Auto X-fer to Ava's NFCU Acct) $2,583.48 ($74.42) ($161.25) Home Depot - $345 to 7/14; $240.37 in 8/14; $52.43 Sep 14 to Feb 15 (last pmt $52.45) (annualized at $345 X 4 + $240.37 + $52.43 X 6 = $1,934.95) (16th) $2,571.46 ($12.02) ($26.03) Best Buy (12th) (B -day - CMAS - $487.58; 10 X $45 + 1 X $37.58) (July - one-time pmt for 2nd game - $42.39) $2,571.46 $0.00 $0.00 Reserved $2,571.46 $0.00 $0.00 Reserved $2,571.46 $0.00 $0.00 Reserved $2,571.46 $0.00 $0.00 • Reserved $2,571.46 $0.00 $0.00 Reserved 3 -Monthly Dependent 4 -Bi -weekly Variable $2,433.00 ($138.46) ($300.00) Clothes (Children's Place; GAP; Kohls; Dicks) (monthly ave for Kohls, Dicks combined $441.99 for 3/13 to 4/14 $2,433.00 $0.00 $0.00 Reserved $2,433.00 $0.00 $0.00 Reserved $2,433.00 $0.00 $0.00 Reserved $983.00 ($1,450.00) ($3,141.67) Food / Misc (^'$103/day = $1450 biweekly) $733.00 ($250.00) $633.00 ($100.00) ($541.67) Gas [Bi -weekly 4 X $62.50] Cash - ATM ($50 per week) $513.00 ($120.00) Tutoring - Aliva, Ava ($40 per session; 2 per week) ($260.00) ($160 per payday X 9 mos) USAA Loan $453.00 ($60.00) ($130.00) Savings -4 youngest kids ($10 per child per payday; x- fer on Tuesday following CoPA paydate) Amt Avail / Balance Amt Needed $300.05 ($152.95) ($331.39) USAA Loan Pmt $17.5K, 72 month term $17,500 $7,020 $114.00 ($186.05) ($403.11) Honda - Loan Pmt (Van) ($186.05 bi-wkly thru May 2020) $10,480 $0 $114.00 $0.00 $0.00 Reserved $10,480 $0 6 -Weekly Variable $114.00 $0.00 $0.00 RESERVED $10,480 $2,000 $114.00 j $8,480 $2,000 $114.00 $6,480 $1,444 $114.00 ` �� $5,036 9 -Monthly Optional $114.00 $0.00 $0.00 RESERVED $5,036 QTRLY: Hampden Twp - svcs ($155.05); USNA Pledge - 9 -Quarterly Fixed $93.23 ($20.77) ($45.00) $25 (mid -Mar, Jun, Sep, Dec) $5,036 0- nnua ae • a Expenses '7-$447.6s '� ($540.88) ($1,171.92) See Below -Annualized Expenses Annualized extra (negative) -$11,638.98 Difference Committed Total Budget ANNUAL EXPENSE PLANNING ESTIMATES $6,892.24 $14,063.00 $20,955.24