The URL can be used to link to this page

Home My WebLink About10-13659LI 5-0r 'E Tt rFy 2010 FEB 25 A' 40: JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10- 3 LoS Civil Term SANDRA SERAS, : CIVIL ACTION - LAW Defendant : 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 01? ?3'.Sa.cav 3q. s-v f 41 sv 1 cL /4,1,, l ? a37Qg6 iANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. jo r 13 6 !5" Civil Term SANDRA SERAS, : CIVIL ACTION - LAW Defendant : DIVORCE COMPLAINT IN DIVORCE COUNT I -_DIVORCE 1. Plaintiff is William Seras, a competent adult individual, who resides at 7 Rockwell Court, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Sandra Seras, a competent adult individual, who resides at 7 Rockwell Court, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 2, 1990 in Wormleysburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have two children together; namely, Andrew William Seras, born October 3, 1994; and Alexa Nicole Seras, born July 14, 1996. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c); WHEREFORE, Plaintiff requests the court to enter a Decree in divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 11. Paragraphs 1 - 10 are herein incorporated by reference. 12. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. Respectfully subm Date: `O J Adams, esquire No. 79465 West South Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF t VERIFICATION I verify that the statements made in these interrogatories are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ??i,?p William Seras, Plaintiff WILLIAM SERAS, Plaintiff vs. SANDRA SERAS, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-1365 CIVIL TERM CIVIL ACTION -AT LAW DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONTARY: r 27 -'-?ca s > - 3 Kindly withdraw the appearance of Jane Adams, Esquire, as attorney for the Plaintiff, William Seras, in the above captioned matter. Dated: Jafie dams, Esquire 17 South Street lisle, PA 17013 Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Plaintiff, William Seras, in the above captioned matter. Dated: Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA S. Ct. ID No. 68735 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant WILLIAM SERAS, Plaintiff V. SANDRA SERAS, Defendant t J r ?y %a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1365 CIVIL ACTION -LAW IN DIVORCE PETITION RAISING ECONOMIC CLAIMS AND NOW, comes the Defendant, Sandra Seras, by and through her attorney, John J. Connelly, Jr., Esquire, Courtney Kishel Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files the following Petition Raising Additional Claims: COUNTI CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 1. Defendant lacks sufficient property and income to provide for her reasonable needs. Defendant requires reasonable alimony to adequately maintain herself in accordance with the standard established during the marriage. Plaintiff is financially able to provide for the reasonable needs of the Defendant. COUNT II CLAIM FOR COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 2. Defendant does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. are %;) I'd A ct-o gum e4 a(n? 5 70 Oa( 3. Plaintiff is full and well able to pay Defendant counsel fees and expenses incidental to this divorce action. WHEREFORE, the Defendant requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. directing the Plaintiff to pay alimony to Defendant; C. directing the Plaintiff to pay Defendant's counsel fees and the cost of this suit; and d. for such further relief as the Court may determine equitable and just. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: November 17, 2011 By: John J. ConnellyjJr * - Attorney I.D. #1 Courtney Kishel Powell Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant FROM CWED)NOV 16 2011 16:06/ST.16:OS/No.762294073S P 1 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: ? (R WILLIAM SERAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1365 SANDRA SERAS, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant, Sandra Seras, hereby certify that I have served a copy of the foregoing Petition Raising Economic Claims on the following on the date and in the manner indicated below: VIA U.S. MAIL. FIRST CLASS. PRE-PAID Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: November 17, 2011 By: Courtney Kishe o ell Attorney I.D. # 1509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff WILLIAM SERAS, Plaintiff V. SANDRA SERAS, Defendant i T!'PRON0 2012 MAY -2 PH 1: 10 CUMBERLAND COUN Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-1365 CIVIL ACTION - LAW DIVORCE INVENTORY OF WILLIAM SERAS, PLAINTIFF Plaintiff, William Seras, by and through his attorney, Jeanne B. Costopoulos, Esquire, files the following Inventory of all property owned or possessed by either party at the time this action was commended and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. By: William Seras, Plaintiff Date: /a? ASSETS OF THE PARTIES Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stock, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates (X) 7. Contents of Safe Deposit boxes ( ) ( ) 8. 9. Trusts Life insurance policies (indicate face value, cash surrender value, and current certification) (X) 10. Annuities (X) 11 Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home (X) 15. Business (list all owners, including percentage (%) of ownership, and officer/director positions held by a party with the company) ( ) 16. Employment termination benefits; severance pay, Workman's Compensation (claim/award) ( ) 17. Profit Sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement Plans, Individual Retirement Accounts ( ) 20. Disability Payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Educational benefits (X) 24. Debts due others, including loans, mortgages held ( ) 25. Household Furnishings and Personalty (Include as a Total Category and attach an itemized list if distribution of such assets is in dispute) (X) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM DESCRIPTION NO. IA Marital Residence - 7 Rockwell Court, Carlisle, PA 17015. Land was purchased 11/1/1991. Deed in both names. The parties built a new home on the property and moved in in 1994. Secured by M&T Line of Credit used to purchase Wife's 2009 Lexus. Value of $300K per appraisal obtained by Wife 5/17/2010. For settlement purposes, both parties will agree to use $304K appraised value. 113 Townhouse located in Laconia, New Hampshire. The parties' have a one third interest in this property as two other couples were on the 2005 deed. Husband estimates the marital value to be $66,600.00 minus 1/3 of the current mortgage balance which Wife is in the process of obtaining. 1 C Back Door Cafe real estate - jointly held by Husband and his mother. Husband has historically paid his mother rent of $450.00 per month which was raised to $550.00 per month 1/1/12. The tax assessment value of the real estate is $164,100.00. Husband's position is that Husband's one half share of the real estate is worth $82,050.00. 2A Husband's 2008 Nissan Rogue. For settlement purposes, the parties agree that this vehicle has a value of $17,515.00 with no encumbrances as of separation. 3A Miscellaneous U.S. Savings bonds located in M&T Safe Deposit Box 6A Ameritrade account - the parties agree that they have equally divided this account with each having received $131,325.34. 10A ITT Hartford Variable Annuity - Jointly owned. $81,646.03 as of 3/21/2012. 15A Back Door Cafe - Business was purchased 3/27/1986 for $65K and as of date of marriage Husband still owed approximately $25,000.00. Appraisal of business was done 12/31/2009 showing value of $73,832.50. Husband's position is that marital increase in value of the business between date of marriage and date of separation (9/1/2009) is about $22,832.50. Wife does not accept the value of the business as being $73,832.50 and she disagrees that the purchase price was $65,000.00. ITEM DESCRIPTION NO. 19A Husband's Morgan Stanley Smith Barney Roth IRA. Parties agree that account is entirely marital with no post-separation contributions. $31,123.63 as of March 20, 2012. 19B Wife's Morgan Stanley Smith Barney Roth IRA. Parties agree that account is entirely marital with no post-separation contributions. $31,041.69 as of December 31, 2011. 19C Marital increase of Husband's premarital Oppenheimer Funds IRA. $77,598.34. 26A Jewelry held by Wife - Appraisals, some replacement value, total $59,728.00. Wife is working on obtaining fair market value appraisals. Husband has a ring in his possession appraised at $1,865.00. NON-MARITAL PROPERTY Plaintiff lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM Description Basis of Exclusion NO. ID Husband's new home Purchased post-separation (August 2010) 2B Wife's 2009 Lexus Purchased post-separation. www.kbb.com value of $28,610.00 as of 6/10/2011. 3B CompuShare/Independent The parties agree this asset shall be excluded Bank Corp stock from the marital estate. Wife desire that it go solely to Alexa. 6B Van Kempen Investments The parties agree these investments, which are titled in their children's names, will be excluded as marital assets as they belong to the children. II A Husband's coins in M&T Gifts from Husband's mother and aunt Safe Deposit Box ITEM Description Basis of Exclusion NO. 1113 Husband's mother's Family heirloom giving to Husband. Husband's diamond ring mother permitted the parties' to hold her diamond ring with the thought that it might someday be given to one of the children in the event of marriage. Husband's mother would prefer that the ring either be returned to her or given to Husband to hold. 11C Husband's aunt's Greek Family heirloom given to Husband. key China plates, cups, etc. 19C Husband's Oppenhiemer Pre-marital. Husband agrees the account has increased in value by approximately $77,598.34 Funds IRA between the date of marriage and date of separation. PROPERTY TRANSFERRED Plaintiff lists all property in which either or both spouses has a legal or equitable interest, individually or with any other person, and which has been transferred within the preceding three (3) years. ITEM NO. DESCRIPTION Date transferred Consideration received 5A Orrstown Bank joint checking Unknown by N/A account. This account has Husband been closed and neither party is seeking credit. 26B Fur Unknown by Unknown by Husband Husband LIABILITIES OF THE PARTIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date this action was commenced. Item DESCRIPTION 24A M&T Line of Credit secured by Marital Residence. Husband's position is that the parties separated 9/1/2009, which was prior to Wife's car purchase. As of 8/4/2009 the balance of this debt was $1,836.57. Wife's new car added $31,421.00 to the debt. The title to the vehicle was issued to Wife on 10/30/2009. Husband is seeking reimbursement from Wife in the amount of $5,241.26 in post-separation payments he made towards Wife's post- separation purchase of her vehicle. Wife has alleged that the parties had an agreement post-separation that Husband would pay various expenses as well as money to Wife each week in lieu of any support obligation. Husband believes no such agreement existed once he stopped the collaborative law process and subsequently filed a divorce complaint on February 25, 2010 24B Expenses related to New Hampshire property. Wife claims that all rent received from this property was deposited into a bank account and used to pay expenses. She claims she has paid $685.00 per month since separation for which she is seeking credit. To date, Wife has not provided any evidence of deposits or paid expenses relating to this property. 24C Wife's post-separation utilities and insurance premiums after the parties were no longer "nesting". Wife did not transfer utilities and car insurance into her own name until 2012. RESPECTFULLY SUBMITTED: By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, William Seras Dated: VERIFICATION I, William Seras, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. a Date: William Seras CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 By: '?? _ JEANNE . COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: Attorney for Plaintiff, William Seras j ?2 ` ? r, Ci??fila'(w'; 2012 HAY -2 0tj 1. CUMEERLAND C? ' .. ,. JEANNE B. COSTOPOULOS, ESQUIRE PENNSYLVANIA' Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA SERAS, Defendant : NO. 10-1365 CIVIL ACTION - LAW DIVORCE PRETRIAL STATEMENT WILLIAM SERAS, PLAINTIFF AND NOW comes the Plaintiff, William Seras, by and through his attorney, Jeanne B. Costopoulos, Esquire, and respectfully submits the following Pretrial Statement: I. A. BACKGROUND INFORMATION PARTIES HUSBAND Plaintiff NAME William P. Seras ADDRESS 102 Sable Drive, Carlisle, PA 17013 AGE 54 DATE OF BIRTH October 28, 1957 HEALTH Good EMPLOYER Self OCCUPATION Restaurant owner/operator WIFE Defendant NAME Sandra P. Seras ADDRESS 7ockwell Court, Carlisle, PA 17015 AGE 52 DATE OF BIRTH July 2, 1959 HEALTH Good EMPLOYER Celerity IT of PA, LLC OCCUPATION Administrative Assistant B. CHILDREN OF THIS MARRIAGE/RELATIONSHIP Andrew William Seras, born October 3, 1994; and Alexa Nicole Seras, born July 4, 1996. C. MARRIAGE INFORMATION DATE OF MARRIAGE December 2, 1990 PLACE OF MARRIAGE Wormleysburg, Cumberland County, Pennsylvania DATE OF SEPARATION September 1, 2009 D. PRIOR MARRIAGES None. E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES None. F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED Complaint in Divorce filed by Husband on February 25, 2010. ISSUES RAISED IN DIVORCE (a) Divorce under section 3301(c) COMPLAINT AND SUBSEQUENT of the Divorce Code; PLEADINGS FILED BY PLAINTIFF (b) Equitable Distribution of property ISSUES RAISED IN COUNTERCLAIM AND SUBSEQUENT PLEADINGS FILED BY DEFENDANT Wife filed Petition Raising Economic Claims on or about November 17, 2011 raising: (a) Alimony; (b) Counsel Fees and Expenses II.MARITAL ASSETS AND DEBTS Husband has filed an Inventory simultaneously herewith, the contents of which are incorporated herein by reference as though fully set forth. III.INCOME & EXPENSES Wife works for Celerity IT of PA, LLC. Wife's gross income is $1,280.00 bi-weekly. Husband has filed an Income and Expense Statement simultaneously herewith, the contents of which are incorporated herein by reference as though fully set forth. IV.WITNESSES Witnesses who may be called to testify in addition to Husband are not known at this time. If such additional witnesses are identified, Husband reserves the right to call them as witnesses upon proper notification to Wife through her counsel. V.LISTING OF PROPOSED EXHIBITS Husband will submit an exhibit list after counsel for both parties prepare a joint list of stipulations as counsel for Husband believes many of the values will be stipulated by the parties. Husband reserves the right to submit exhibits upon providing proper notice to Wife through her counsel. VI.PROPOSED RESOLUTION A. DIVORCE: Husband has filed under section 3301(c) of the Divorce Code. Husband will sign an Affidavit of Consent of Waiver of Notice of Intention and is hopeful that Wife will do the same. If not, grounds have been established under 3301(d) of the Divorce Code as the parties' have been living separate and apart since September 1, 2009. However, neither party has filed necessary documents regarding a 3301(d) divorce. B. EQUITABLE DISTRIBUTION: The marital estate should be equally divided with each receiving assets and debts with a net equivalent to 50% of the total value of the marital estate, C. ALIMONY: Wife should not be entitled to alimony. Wife committed adultery. D. COUNSEL FEES AND EXPENSES: Wife should not be awarded counsel fees or expenses. Husband has paid Wife support in addition to paying many of her bills post- separation beyond what a support calculation would have required. Wife has sufficient assets to cover her own counsel fees and expenses. By: JEA E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, William Seras Dated: / ? CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, William Seras Dated: THE Pill: CUIigERLAND CO ' Q, PENt#S YL ? j' 1?'=Nt? '? JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA SERAS, Defendant :NO. 10-1365 CIVIL ACTION - LAW DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF, WILLIAM SERAS AND NOW comes the Plaintiff, William Seras, by and through his attorney, Jeanne B. Costopoulos, Esquire and respectfully submits the following Income & Expense Statement: INCOME STATEMENT Plaintiff's sole source of income is from self-employment. Plaintiff has owned and operated the Back Door Cafe, a sole proprietorship, for several years. Plaintiff's accountant is Klinger & Associates, P.C., Carlisle, PA. Plaintiff has attached his 2011 Federal Income Tax Return and his February 21, 2011 Social Security Statement. EXPENSE STATEMENT Plaintiffs lists his routine personal expenses as follows: MONTH YEAR HOME MORTGAGE 957.00 MAINTENANCE 300.00 UTILITIES ELECTRIC 95.00 TELEPHONE 70.00 WATER 30.00 TAXES REAL ESTATES Escrowed INCOME Escrowed INSURANCE HOMEOWNERS Escrowed AUTOMOBILE HEALTH 210.00 LIFE 357.00 AUTOMOBILE FUEL 1,000.00 REPAIRS/MAINTENANCE 200.00 MEDICAL DOCTOR 300.00 DENTIST 200.00 MEDICINE 275.00 GLASSES 25.00 EDUCATION RELIGIOUS 250.00 PERSONAL CLOTHING 500.00 FOOD 1,200.00 BARBER/HAIRDRESSER 200.00 CREDIT CARDS 100.00 MONTH WAR CHARGE ACCOUNT MEMBERSHIPS 120.00 LOANS HOME EQUITY LOAN 200.00 MISCELLANEOUS CHILDREN EXPENSES 2,400.00 ENTERTAINMENT 1,200.00 PAY TV 70.00 VACATION 400.00 GIFTS 1,000.00 LEGAL FEES 2,000.00 CONDO FEE 40.00 TOTAL: 1,672.00 12,027.00 CONVERSION TO AVERAGE MONTHLY EXPENSES: $2,674.25 Respectfully Submitted: By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, William Seras Dated: VERIFICATION I, William Seras, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. Date•"\ William Seras CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 By. -- JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 22 Attorney for Plaintiff, William Seras Dated: )30712012 _ E N'.' ent of the Treasury-tntemal Revenue Service (99) 201 1 OMB No. 1545 0074 IRS Use LL 1040 Individual Income Tax Return 2011, ending .20 ror the year Jan. 1-Dec. 31, 2011, or other tax year beginning Last name Your first name and initial William P. Seras if a joint return, spouse's first name and initial Last name Apt. no. Home address (number and street). If you have a P.O. box, see instructions. 102 Sable Drive City, town or post office, state, and ZIP code. If you have a foreign address, also ? OPlt3spaces below (see instructions). PA Carlisle Foreign postal code Foreign country name Foreign province/county Filing Status 1 2 Check only one 3 6a Exemptions b c if more than four dependents, see instructions and check here ? ? Income Attach Form(s) W-2 here. Also attach Forms W-2G and 1099-R if tax was withheld. If you did not get a W-2, see instructions. Enclose, but do not attach, any payment. Also, please use Form 1040-v. Adjusted Gross Income my-Do not write or staple in this sp See separate instructions. Your social security number 209-36-0254 Spouse's social security number 019-40-9280 . Make sure the SSN(s) above and on line 6c are correct. Check here I you, or your spouse 9 filing )oindy, want $3 to go to this fund. Checking a box below will nM change your tax or refund. 1-1 You F] spouse Single 4 U the qualifying person is a child but not your dependent, child's name here. ? Married tiling jointly (even if only one had income) 5? Qualifying widow(er)with dependent child Married filing separately. Enter spouse's SSN above and full name here, Sandra P. Seras Yourself. If someone can claim you as a dependent, do not check box 6a Dependents: First name Last name (2) Dependent's I (3) Dependent's I f( age social security number relationship to you fax rse d ............. Total number of exemptions claimed .... ........ . . . . _ . . . . . . . . . . . _ ....................... .. 7 Wages, salaries, tips, etc. Attach Form(s) - . , , .... . 8a Taxable interest. Attach Schedule B if required ... . ............ ... ..... . 50 13 b Tax-exempt interest. Do not include on line 8a .... ... Sb 9a Ordinary dividends. Attach Schedule B if required 1 4 b Qualified dividends ................ ................................. 9b 10 Taxable refunds, credits, or offsets of state and local income taxes ....... . . ................. . 11 Alimony received .................................................... .............................. 12 Business income or (loss). Attach Schedule C or C-EZ ? 13 Capital gain or (loss). Attach Schedule D if required. If not required, check hen; ? ... ... 14 Other gains or (losses). Attach Form 4797 .......... .......................... 15a IRA distributions 15a b Taxable amount 16a Pensions and annuities 16a b Taxable amount 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E 18 Farm income or (loss). Attach Schedule F ......................... ...... 19 Unemployment compensation 20a Social security benefits 120a b Taxable amount 21 Other income. List type and amount ........................ ......... . ? 22 Combine the amounts in the far right column for lines 7 throu h 21. This is our total income nses 23 - 23 .................... Educator expe ............................ . 24 Certain business expenses of reservists, performing artists, and Attach Form 2106 or 2106-EZ nment officials i 24 . s gover fee-bas Attach Form 8889 nt deduction o i 25 25 . u ngs acc Health sav 26 Moving expenses. Attach Form 3903 ......... 26 .............. Attach Schedule SE ment tax lo em lf f t 27 15 27 . p y - se o Deductible par 28 Self-employed SEP, SIMPLE, and qualified plans .......... 28 .. rance deduction lth i 29 1 704 29 nsu Self-employed hea f savin s l i d 30 30 g rawa o th Penalty on early w SSN ? i t' 31a 31a en s Alimony paid b Recip 32 IRA deduction .. . 32 ti d 33 33 on uc Student loan interest de m 8917 h F 34 34 or Tuition and fees. Attac 35 Domestic production activities deduction. Attach Form 8903 35 36 Add lines 23 through 35 - ? 37 Subtract line 36 from line 22 This is your adjusted gross income ....... For Disclosure, Privacy Act, and Reduction Act Notice, see separate enter Boxes checked 1 on 6a and 6b No. of children if on 6c who: und?, • lived with you r l dit • did not live with intr.) you due to divorce or separation (see instructions) - Dependents on 6c not entered above - - Add numbers on lines above ? 8a 9a 1,424 10 11 12 2,250 13 -1,500 14 15b - 16b 17 18 19 20b 21 22 2,174 op l 86 Fomr 1 040 (2011) 209-36-0254 Pae2 311720t2 William P. Seras 38 ..... 311 ,n,1040(2011) ax and 38 Amount from line 37 (adjusted gross income ....1947 Blind. Total boxes Check You were born before January 2, 8 00- checked a 39a d red its 39a Blin . s born before January 2, 1947, { Spouse wa if: ou were a dual-status alien, check here ? 39b 40 800 5 b If your spouse itemizes on a separate return or y dule A) or your standard deduction (see left margin) . ... h S .. 41 , 489 -5 Standard 40 e c Itemized deductions (from ....... . . . . , 3 700 Deduction 41 . Subtract fine 40 from line 38 .................. . . . . . . . . .. . . . . . . . . 4 for- h 42 Exemptions. Multiply $3,700 by the number on line 6d ................ ........... . 43 0 o People w • check any box on tine 43 .............................. Taxable income. Subtract line 42 from line 41. If line 42 is more oRn line 41, e 962 c ? . ...................... b Fo . . 44 ... 0 39a or 39b or who can be 44 elec ..... ......... ) [] 4972 rm(s) Tax (see instr.. Check if any from: a Attach Form 6 tructions) i 45 5 claimed as a 45 . ns Alternative minimum tax (see 4 6 dependent, see 46 .. Add lines 44 and 45 .. . ............................... . . . . . . . . . . . . . . . . 47 instructions. dit Attach Form 1116 if required • All others Single or Married filing separately, $5,800 Married filing jointly or Qualifying widow(er), $11,600 Head of household, $e,soo Other Taxes 47 Foreign tax cre . Credit for child and dependent care expenses. Attach Form 2441. 48 48 49 Education credits from Form 8863, line 23 49 9 50 50 Retirement savings contributions credit. Attach Form 8880 , _ ...... 51 51 Child tax credit (see instructions) . . ................... 52 >'>z<i3 52 Residential energy credits. Attach Form 5695 53 m Form: a F] 3800 b F] 8801 c f i 54 53 54 ro ts Other cred Add lines 47 through 53. These are your total credits 54 is more than line 46, enter -0- ......... . . . . . . . . . . . . . . . . . 55 0 276 55 Subtract line 54 from line 46. If line 5 56 ............ Self-employment tax. Attach Schedule ....................... ? 4137 b 8919 ...... Q Form: a f 7 .. .. 57 rom Unreported social security and Medicare tax Attach Form 5329 if required 58 58 Additional tax on IRAs, other qualified retirement plans, etc. 59a 59a ........... . ............ Household employment taxes from Schedule Attach Forth 5405 if require ent 9b b . First-time homebuyer credit repaym 60 60 Other taxes. Enter code(s) from instructions . . . ................. . 2 76 61 61 ...... Add lines 55 through 60. This is your total tax . . . . . .. . ::::: W 62 2 and 1099 62 Federal income tax withheld from orris 63 -X Payments 63 2011 estimated tax payments and amount applied from 2010 return a E.1,Ida 64a Earned income credit (EIC) 64a b Nontaxable combat pay election 64b 65 65 Additional child tax credit. Attach Form 8812 _ . _ _ . .... >' A en-n opportunity credit from Form 8863, line 14 66 Refund Direct deposit? See instructions Amount 66 m »::>::»::: 67 First-time homebuyer credit from Form 5405, line 10 67 68 Amount paid with request for extension to file 68 69 `: 69 social security and tier 1 RRTA tax withheld Excess >'s : 70 Credit for federal tax on fuels. Attach Form 4136 TO 71 Credits from Form: a 2439 b [] 8839 c E] 8801 d 8885 71 10- 72 7 2 Add lines 62, 63, 64a, and 65 through 71. These are your total payments ............................................ 73 ___i3 If line 7 2 is more than line 61, subtract line 61 from line 72. This is the amount you overpaid ..... ? a 74a 74a Amount of line 73 you want refunded to you. If Form 8888 is attached, check here .. _ ...... Checking ? b Routing number lo- c T e: Savings <:;ss>::>::> ? d Account number ?- <>>r 75 Amount of line 73 you want applied to your 2012 estimated tax ? 75 o instructions _ ... ? 76 2 7 we. Subtract line 72 from line 61. For details on how to pay, see you Amount 76 Estimated tax penalty (see instructions) ... ..... No You Owe 77 ........ ......... . . Co Do you want to allow another person to discuss this return with the IRS (see Personal sruitl ntSfcatioX umbers(P N) mple? be10 6 9 91 Third Party Designee Designee's Phone no. ? 717-243-7743 ? John H. Klin ler nowledge and belief, name Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my k Sign they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which Preparer has any knowledge. Daytime phone number Date Your occupation Here Your signature ed Joint return? , Self - Em lO If Ne IRS Serrt you an Identity PIN Date Spouse's occupation enter ear it he See instr. it ? Keep a copy Spouse s signature- If a joint return, both must sign. (sae instr.) for your Date Check if PTIN records. spar fs gnature PrinUrype preparers name 7 2,-,- sw_s voyed P 0 0 0 5 3 9 7 7 Paid John H. Klin ler P. • Firm'sEIN? 20-3256991 Preparer Firm's name 1110' Klin ter & Assoc t es Phone no. Use Only Fimsaddess 1110' 1156 Walnut Bottom Rd Ste PA 17015-9130 717-243-7743 Carlisle Farm 1040 (2011) OAA 21/7120/2 Profit or Loss From Business OMB No. 1545-0074 SCHEDULE C (Sole Proprietorship) 2011 (Form 1040) Attachment ? For information on Schedule C and its instructions, go to www.irs-gov/schedulec . Sequence No ?9 65 q . 6epartment of the Treasury 10- Attach to Forth 1040,11MONR or....; partnerships generally must file Form 10 e (g9) i Social security number (S c internal Revenue Serv 209-36-0254 Name of proprietor William P. S e r a s ct or service (see instructions) d B Enter code from instructions 71 u A Principal business or profession, including pro ? 722110 Restaurant Food Sales D Employer IDnumber(EIN),(seeinsV.) C Business name. If no separate business name, leave blank. 25-15 2 0 4 4 Back Door Cafe address (including suite or room no.) ? 15 6 W Hl g Street i ness E Bus City, town or post office, state, and ZIP code Carl isle, PA 17 01 Other (specify) ? ........... . Accrual (3) F Accounting method: (1) X Cash (2) X Yes No te" in the operation of this business during 20119 If "No," see instructions for limit on losses i i " pa c materially part G Did you ? .. . . ......... H If you started or acquired this business during 2011, check ere .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ou to file Form(s) 1099? (see instructions i .. Yes X No re y I Did you make any payments in 2011 that would requ Yes No J If "Yes," did you or will you file all re uired Forms 1099? ............. . ... . . 7OiW Income me 1a 1a Merchant card and third party payments. For 2011, enter 0 14 594 lb .............. b Gross receipts or sales not entered on line 1 a (see instructions) .......... c income reported to you on Form W-2 if the "Statutory Employee" box on «::» that form was checked. Caution. See instr. before completing this line 9 4 1 d 142,5 ........................ d Total gross receipts. Add lines 1 a through 1 c 2 2 Returns and allowances plus any other adjustments (see instructions) 142,594 3 Subtract line 2 from line 1 d 86,989 4 Cost of goods sold (from line 42) . .......... .... 55,605 9 5 Gross profit. Subtract line 4 from line 3 ........... i 6 Other income, including federal and state gasoline or fuel tax credit or refund (see instructions) .. .....? 5 5 6 0 5 7 7 Gross income. Add lines 5 and 6 ....... ...................... Enter ex enses for business use of our home only on line 30. #jftl<< Expenses _ 2 9 3 8 18 Office expense (see instructions) _ .... , 18 8 Advertising 8 19 Pension and profit-sharing plans. . 19 9 Car and truck expenses (see 5 2 4 0 20 Rent or lease (see instructions : .:::::::::: .:::::.:::. 9 instructions) machinery, and equipment 20a 2,445 a Vehicles , 10 Commissions and fees 10 b Other business property 20b 5,400 . . 11 Contract labor (see instructions) 11 21 Repairs and maintenance . . 21 4 016 12 Depletion 12 22 Supplies (not included in Part III) ..... . 22 13 Depreciation and section 179 expense deduction (not 23 Taxes and licenses 23 4 5 6 9 included in Part III) (see 13 858 24 Travel, meals, and entertainment: :::.....::. instructions) ........ .. .......... ............... a Travel ....... 24a .. . . ........ 14 Employee benefit programs b Deductible meals and (other than on line 19) 14 .......... 15 Insurance (other than health) 15 4,455 entertainment (see instructions) 24 `'<` 25 Utilities 25 13,127 .. ::;;;:.;:<;.: 16 Interest: a Mortgage (paid to banks, etc.) 16a 26 Wages (less employment credits) 26 ...... . b Other 16b 176 27a Other expenses (from line 48) .. ...... 27a 8 , 8 4 17 Legal and professional services .. 17 1 2 8-S b Reserved for future use ....... ..... 27b 35S ? 28 53 28 Total expenses before expenses for business use of home. Add lines 8 through 27a , 250 29 2 .... 29 Tentative profit or (loss). Subtract line 28 from line 7 ............................... , 30 Expenses for business use of your home. Attach Form 8829. Do not report such expenses elsewhere 30 31 Net profit or (loss). Subtract line 30 from line 29. • If a profit, enter on both Form 1040, line 12 (or Form 1040NR, line 13) and on Schedule SE, line 2. 250 31 2 If you entered an amount on line 1 c, see instr. Estates and trusts, enter on Form 1041, line 3. 1 • 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). i k • If you checked 32a, enter the loss on both Form 1040, line 12, (or Form 1040NR, line 13) and on Schedule SE, line 2. s . 32a 8 All investment is at r t i If you entered an amount on line 1c, see the instructions for line 31. Estates and trusts, enter on Form 1041, line 3. s no 32b Some investment i k • If you checked 32b, you must attach Form 6198. Your loss may be limited. at r s . For Paperwork Reduction Act Notice, see your tax return instructions. Schedule C (Form 1040) 2011 nAA 73il 7i2012 William P. Seras Schedule C (Form 1040) 2011 Restauri %artt Cost of Goods Sold (sei 33 Method(s) used to value closing inventory a [] Cost 209-36-0254 nt Food bales 2 b F] Lower of cost or market c E] Other (attach explanation) I 34 Was there any change in determining quantities, costs, or valuations between opening and closing inventory? n No I_J Y If "Yes," attach explanation lanation x h tt ' 35 0 p ac e s closing inventory, a 35 Inventory at beginning of year. If different from last year l 36 43,793 use 36 Purchases less cost of items withdrawn for persona lf 37 41 , 210 37 Cost of labor. Do not include any amounts paid to yourse 38 1,986 38 Materials and supplies 39 39 Other costs 40 86,989 40 Add lines 35 through 39 41 Inventory at end of year 0 42 Cost of goods sold Subtract line 41 from line 40 Enter the result here and on line 4 ...... ... 1 42 1 8 6 , 9 8 f? e>t <; Information on Your Vehicle. Complete this part 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 13 to find out if you must file Form 4562. - 43 When did you place your vehicle in service for business purposes? (month, day, year) ? 01/01/08 44 Of the total number of miles you drove your vehicle during 2011, enter the number of miles you used your vehicle for: )3/1 7/2C.1 2 OMB No. 1545-0074 SCHEDULE D Capital Gains and Losses 2011 (Form X040) ? Attach to Form 1040 or Form 1040NR. 1110- See Instructions for Schedule D (Form 1040). Attachment 12 No Ili- Use Form 8949 to list our transactions for lines 1 2 3 8 9 and 10 Department of the Treasury . Sequence Your social security number Internal Revenue Service 99) Name(s) shown on return 2 0 9- 3 6-0 2 5 4 William ID Seras Term Capital Gains and Losses - Assets Held One Year or Less t ` - I Shor Wrt (g) Adjustrnenis to (h) Gain or (loss) Complete Farm 6949 before completing line (f) Cost or other basis or loss from 1,2, or 3. from Form(s) 8949, gain Form(s) 8949, g! Combine columns (e), , line 2, column (f) line 2, column (g) This farm may be easier to complete if you ound off cents ::P (f), and (g) whole dollars. totals from all Forms 8949 with box A 0 1 t h t -11 erm or - S 1 2 2244 2 Short-term totals from all Forms 8949 with box B 44 4 0 - checked in Partl ................................. -7::: - 3 Short-term totals from all Forms 8949 with box C checked in Partl .. .. ... .. .... ... ....... . 4 4 Short-term gain from Form 6252 and short-term gain or (loss) from Forms 4684, 6781, and 8824 5 Net short-term gain or (loss) from partnerships, S corporations, estates, and trusts from 5 ....................................... Schedule(s) K-1 " 6 Short-term capital loss carryover. Enter the amount, if any, from line 8 of your Capital Loss Carryover Worksheet in the instructions 6 7 Net short-tern capital gain or (loss). Combine lines 1 through 6 in column (h). If you have any I 7 I -41 long-term capital gains or losses go to Part II below. Otherwise go to Part III on the back party Long-Term Capital Gains and Losses -Assets Held More Than One Year (g) Adjustments to (h) Gain or (loss) basis Combine columns (e), Form(s) other 8949, gain or loss from Complete Form 8949 before completing line 8, 9, or 10. (e) Sales price from Cfromost or Form( s) 8949, line 4, Form(s) 8949, This form may be easier to complete if you round off cents to column (e) line 4, column (f) line 4, column (g) (f), and (g) whole dollars. 8 Long-term totals from all Forms 8949 with box A 8 9 0 _ 1 checked in Part II ......................... .. . 9 Long-term totals from all Forms 8949 with box B 8 9 5 5 13 2 5 7 0 - 4 3 0 2 checked in Part II ...... ....... .... ....... . 10 Long-term totals from all Forms 8949 with box C checked in Part ll .... .......... _ . 11 Gain from Form 4797, Part I; long-term gain from Forms 2439 and 6252; and long-term gain or (loss) 11 from Forms 4684, 6781, and 8824 12 Net long-term gain or (loss) from partnerships, S corporations, estates, and trusts from Schedule(s) K-1 12 13 Capital gain distributions. See the instructions 14 14 Long-term capital loss carryover. Enter the amount, if any, from line 13 of your Capital Loss Carryover ........................ Worksheet in the instructions 15 Net long-term capital gain or (loss). Combine lines 8 through 14 in column (h). Then go to Part III on 15 - 4 3 0 3 the back ..... ........ ................................. .. Schedule D (Form 1040) 2011 For Paperwork Reduction Act Notice, see your tax return instructions. DAA 13/17/20.2 will-Jam P. Seras Schedule D (Form 1040) 2011 pail : Summary 209-36-0254 Page 2 ... . 16 Combine lines 7 and 15 and enter the result • If line 16 is a gain, enter the amount from line 16 on Form 1040, line 13, or Form 1040NR, line 14. Then go to line 17 below. • if line 16 is a loss, skip lines 17 through 20 below. Then go to line 21. Also be sure to complete line 22. • If line 16 is zero, skip lines 17 through 21 below and enter -0- on Form 1040, line 13, or Form 1040NR, line 14. Then go to line 22. 17 Are lines 15 and 16 both gains? u Yes. Go to line 18. No. Skip lines 18 through 21, and go to line 22. ......... 18 Enter the amount, if any, from line 7 of the 28% Rate Gain Worksheet in the instructions 00. 19 Enter the amount, if any, from line 18 of the Unrecaptured Section 1250 Gain Worksheet in the , instructions 20 Are lines 18 and 19 both zero or blank? Yes. Complete Form 1040 through line 43, or Form 104ONR through line 41. Then comp e e 7-1 the Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040, line 44 (or in the instructions for Form 1040NR, line 42). Do not complete lines 21 and 22 below. ? No. Complete Form 1040 through line 43, or Form 1040NR through line 41. Then complete the Schedule D Tax Worksheet in the instructions. Do not complete lines 21 and 22 below. 21 If line 16 is a loss, enter here and on Form 1040, line 13, or Form 1040NR, line 14, the smaller of: -4,344 • The loss on line 16 or 21 1 5 ($3,000), or if married filing separately, ($1,500) Note. When figuring which amount is smaller, treat both amounts as positive numbers. 22 Do you have qualified dividends on Form 1040, line 9b, or Form 1040NR, line 10b? 'Al ,Yes. Complete Form 1040 through line 43, or Form 1040NR through line 41. Then complete the Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040, line 44 (or in the instructions for Form 1040NR, line 42)- I No. Complete the rest of Form 1040 or Form 1040NR. D (Form 1040) 2011 DAA )3!17!2012 Form 8949 Sales and Other Dispositions of Capital Assets OMB No. 1545 0074 2011 10, See Instructions for Schedule D (Form 1040). 110- For more information about Form 8949, see www.irs•gov/form8949 Attachment 2A Department of the Treasury 3 8, 9, and 1 O. Sequence No. Internal Revenue Service (ss) ? Attach to Schedule D to list your transactions for lines 1, Your social security number Name(s) shown on return 209-36-0254 William P. Seras PartF4': Short-Term Capital Gains and Losses-Assets Held One Year or Less Note: You must check one of the boxes below. Complete a separate Form 8949, page 1, for each box that is checked. *Caution. Do not complete column (b) or (g) until you have read the instructions for those columns (see the Instructions for Schedule D (Form 1040)). Columns (b) and (g) do not apply for most transactions and should generally be left blank. Short-term transactions reported on Form ? (C) Short-term transactions for which (A) Short-term transactions reported . ? (B) ^ o ? & "^c,, ^^f .nn^rtorl to tha IRS You cannot check box A or B Form 1099-t4 wan oas (a) Description of property ) XYZ Co 100 h l is repvnCU w u (b) Code, if any, for column (g)' ?? - (c) Date acquired (Mo., day, yr.) -- --- (d) Date sold (Mo., day, yr.) (e) Sales price (see instructions) (fl Cost or other basis (see instructions) (g) Adjustments to gain or loss, if any* . s . e: 1 (Examp Banco Santa der Various 09/06/11 146 143 US Bancorp Various 09/06/11 51 62 US Bancorp 07/18/11 09/06/11 16 19 2 Totals. Add the amounts in columns (e) and (f). Also, combine the amounts in column (g). Enter here and include on Schedule D, line 1 (if box A above is checked), line 2 (if box B above is checked), or line 3 (if --,._ ? 2 213 2 2 4 For Paperwork Reduction Act Notice, see your tax return instructions. Form 0 a•ra (Zo11 ar-7r2p,12 Attachment Sequence No. 2A Page 2 :arm 9949 (2011) ---'- - " Qame(s) shown on return. Do not enter name and social security number if shown on other side. 2 0 9 - 3 6 - 0 2 5 4 William P. Seras Rrt!11` Long-Term Capital Gains and Losses-Assets Held More Than One Year Note: You must check one of the boxes below. Complete a separate Form 8949, page 2, for each box that is checked. *Caution. Do not complete column (b) or (g) until you have read the instructions for those columns (see the Instructions for Schedule D (Form 1040)). Columns (b) and (g) do not apply for most transactions and should generally be left blank. C ? 9-term transactions for which ed on - (A) Long-term transactions reported on ?X (B) Long-term t;- --4 tjo^s?-4 to the RS Form O Lon you cannot check box A or B Form 1099-B with bas (a) Description of property 3 (Example: 100 sh. XYZ Co.) is reporteo to the i (b) Code, if any, for column (g}• rko upa-v (c) Date acquired Mo., day, yr.) ??• ??? - - -? - (d) Date sold (Mo., day, yr.) (e) (f) (g) Sales price Cost or other basis Adjustments to see instructions) gain or loss, if any' (see instructions) ( Banco Santa der Various 09/06/11 2 643 4 766 Rite Aid Co p Various 09/06/11 695 934 JS Bancorp Various 09/06/11 5 617 7 557 4 Totals. Add the amounts in columns (e) and (f). Also, combine the amounts in column (g). Enter here and include on Schedule D, line 8 (if box A above is checked), line 9 (if box B above is checked), or line 10 A lh? 1955 3,257 0 if box G above is cneGKel7 - 13/17/2012 SCHEDULE SE Form 1040) lepartment of the Treasury Self-Employment Tax ? Attach to Form 1040 or Form 1040NR. ? See separate instructions. OMB No. 1545-0074 2011 Attachment a - Jame of person with self-employment income (as shown on Form 1040) I Social security number of person William P. S e r a s with self-employment income ? 209-36-0254 3efore you begin: To determine if you must file Schedule SE, see the instructions. Way 1 Use Short Schedule SE or Must I Use Long Schedule SE? dote. Use this flowchart only if you must file Schedule SE. If unsure, see Who Must File Schedule SE in the instructions. I Did you receive wages or tips in 2011? 1 1 No Yes Are you a minister, member of a religious order, or Christian Science practitioner who received IRS approval not to be taxed Yes Was the total of your wages and tips subject to social security y- on earnings from these sources, but you owe self-employment or railroad retirement (tier 1) tax plus your net earnings from tax on other earnings? self-employment more than $108,800? No No Yes Are you using one of the optional methods to figure your net Did you receive tips subject to social security or Medicare tax earnings (see instructions)? P!!* that you did not report to your employer? No No Yes Did you receive church employee income (see instructions) Yes No Did you report any wages on Form 8919, Uncollected Social reported an Form W-2 of $108.28 or more? Security and Medicare Tax on Wages? No You may use Short Schedule SE below You must use Long Schedule SE on page 2 iection A-Short Schedule SE. Caution. Read above to see if you can use Short Schedule SE. la Net farm profit or (loss) from Schedule F, line 34, and farm partnerships, Schedule K-1 (Form 1065), box 14, code A b If you received social security retirement or disability benefits, enter the amount of Conservation Reserve Program payments included on Schedule F, line 4b, or listed on Schedule K-1 (Form 1065), box 20, code Y lb ; 2 Net profit or (loss) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), box 14, code A (other than farming); and Schedule K-1 (Form 1065-B), box 9, code J1. Ministers and members of religious orders, see instructions for types of income to report on this line. See instructions for other income to report 2 2,250 3 Combine lines la, tb, and 2 3 2,250 4 Multiply line 3 by 92.35% (-9235). If less than $400, you do not owe self-employment tax; do not file this schedule unless you have an amount on line 1 b ... ... . ..... .. .... ? 4 2 0 7 8 Note. If line 4 is less than $400 due to Conservation Reserve Program payments on line 1b, see instructions. 5 Self-employment tax. If the amount on line 4 is: • $106,800 or less, multiply line 4 by 13.3% (.133). Enter the result here and on Form 1040, line 56, or Form 1040NR, line 54 • More than $106,800, multiply line 4 by 2.9% (.029). Then, add $11,107.20 to the result. Enter the total here and on Form 1040, line 56, or Form 1040NR, line 54 5 276 6 Deduction for employer equivalent portion of self-employment tax If the amount on line 5 is. :;:<:_%::;{•;:.:<;:.;;::<:;.;;;,;:;.: n:4'-: ?:}Y{:•r •i:{-:'ii`i: i:•i::: n ? is • $14,204.40 or less multiply line 5 b 57.51 /° Y (.5751) ;:?.;::;:.>;:.;:;;:;<•;;:;;::•;:;:::;:;:; ° • More than $14,204.40, multiply line 5 by 50 /o (.50) and add $1,067 to the result. Enter the result here and on Form 1040, line 27, or Form 1 27 040NRline s 159 < - =or Paperwork Reduction Act Notice, see your tax return instructions. Schedule SE (Form 1040) 2011 lAA ?V SEC.- YEARS oz ???'IS7R??~ 9"r- is Prevent identity theft-protect your Social Security number Your Social Security Statement 11,10,11,. socirilsecurith.gor Prepared especially for William P. Seras February 21, 2011 See inside fiv your per anal in fornudion ?0 11 oil I'll I-III 000006674 01 MB 0382 X0003 WILLIAM P. SERAS 156 W HIGH ST CARLISLE; PA 17013-2924 Your Estimated Benefits ..................................... Your Earnings Record ........................................ Some Facts About Social SecuritN ...................... If You Need More Information ........................... To Request This .Statement In Spanish ....... (faro Solialar (ira IN'dorociciri eir l;:y?nik?l) .4 4 What Social Security Means To You We are pleased to send you the .Social ,S'ecurily ,Slalrnrctit you requested. This Slaletnenl can help you plan for your financial future. It provides estimates of your Social Security benefits under current law and updates your latest reported earnings. Please read this , /eacine w carefully. If you see a mistake, please let us know. That's important because your benefits will be based on our record of your lifetime earnings. We recommend you keep a copy of your .Slaletnenl with your financial records. Social Security is for people of all ages... We're more than a retirement program. Social Security also can provide benefits if you become disabled and help support your family after you die. Work to build a secure future... Social Security--is the largest source-of income-for most elderly Americans today, but Social Security was never intended to be your only source of income when you retire. You also will need other savings, investments, pensions or retirement accounts to make sure you have enough money to live comfortably when you retire. Saving and investing wisely are important not only for you and your family, but for the entire country. if you want to learn more about how and why to save, you should visit a federal government website dedicated to teaching all Americans the basics of financial management. About Social Security's future... Social Security is a compact between generations. Since 1Q35, America has kept the promise of security for its workers and their families. Now, however, the Social Security system is facing serious financial problems, and action is needed soon to make sure the system will be sound when today's younger workers are ready for retirement. In 2016 we will begin paying more in benefits than we collect in taxes. Without changes, by 2037 the Social Security Trust Fund will be exhausted* and there will be enough money to pay only about 76 cents for each dollar of scheduled benefits. We need to resolve these issues soon to make sure Social Security continues to provide a foundation of protection for future generations. Social Security on the Net... Visit jririi:socitilvecuritl,.gor on the Internet to learn more about Social Security. You can read publications, including Wlim 7?) <Slaly Receivjic RC/il-011 nl Belhfil.N, use our Retirement Estimator to obtain immediate and personalized estimates of future benefits, and when you're ready to apply for benefits, use our improved online application- it's so easy! Michael J. Astrue Commissioner * Thesc estimates arc based on the intermediate assumptions from the Social SceUrlt\ Trustees Annual Report to the Congress. Your Estimated Benefits Retirement You have earned enough credits to qualify for benefits. At your current earnings rite, if you continue working until... your full retirement age (66 and 6 months), your payment would be about ..... $ 801 it month age 70. your payment would be about ................................... $ 1,02'5 a month if you stop working and start receiving benefits at... age 62, your payment would be about ................................... $ 584 a month *Disability You have earned enough credits to qualify for benefits. If you become disabled right now... Your payment would be about ........................................... $ 910 a month *Family If you get retirement or disability benefits, your spouse and children also may qualify for benefits. *Survivors You have earned enough credits for your family to receive survivors benefits. If you die this year, certain members of your family may qualify for the following benefits: Yourchild .......................................................... $ 683 it month Your spouse who is caring for your child .................................. $ 682 it month Your spouse, if benefits start at full retirement age ........................... $ 910 it month Total family benefits cannot be more than ................................. $ 1,365 a month Your spouse or minor child may be eligible for it special one-time death benefit of $355. Medicare You have earned enough credits to qualify for Medicare at age 65. Even if you do not retire at age 65, be sure to contact Social Security three months before your 65th birthday to enroll in Medicare. *Your estimated benefits are based on current law. Congress has made changes to the law in the past and can do so at any time. The law governing benefit amounts may change because, by 2037, the payroll taxes collected will be enough to pay only about 76 percent of scheduled benefits. We based your benefit estimates on these facts: Your date of birth (please verify your name on page I and this date of birth) ..................... October 38, 1957 2009 earnings ................................................................................. None 2010 earnings ................................................................................. None Your estimated taxable earnings per year after 3010 .................................................. None Age you plan to stop working .............................................................. Not Provided Your Social Security number (only the lust four digits are shown to help prevent identity theft) ......... XXX-XX-0254 How Your Benefits Are Estimated To qualify for benefits, you earn "credits" through your work - till to four cash year. This year, for cxanll)lc, you earn one credit for each S1.120 of wages or self employment income. When you've earned $4.480. \OU'vc carried \our four credits for the year. Most people nccd 40 credits. earned over their \yorking lifctimc. to rcccivc rctircmcnt bcncfits. Fordisability and survivors bcncfits. young people nccd tc\\er credits to be eligible. We checked your records to sec \\hcther \ou have carried enough credits to qualify for bcncfits. If you haven't carried enough yct to qualify for any type of benefit. \\c cant give yOU a benefit estimate no\\. If \ou continue to \Ork. \\e11 111W yOU an estimate \\hcn you do qualify. What we assumed - If \OU have enough \\ork credits. \vc estimated \Our bcncfit amounts using your average earnings over \our \yorking lifctimc. For the first rctircmcnt amount sho\\n. and your credits through 2000. \\e assumed \Ou \\OUICI stop \\ork at the rctircmcnt agc you gave us. For later rctircmcnt ages \\c assumed \Otl \\ill continue \\orking Up to those ages. In all the cstinlatcs. \\c used the carnings amounts \OU gave us for last year. this year and future \'cars Generally. the older you arc and the closer you arc to rctircmcnt, the more accurate the retirement cstimatcs \\ ill be because they arc based on a longer \\ork history \\ ith fc\\cr uncertainties such as carnings fluctuations and future la\\ changes. WC cncouragc you to use our online Rctircnncnt Estimator at n irir.sncicrlsc>cziritl'•;;ui'/estinrator to obtain inlnncdiatc and personalized benefit estimates. Vdc can -t pr0\ Ide \"Our actual benefit amount until \OU appt\ for bcncfits. And that amount may differ from the estimates stated above because: (1) Your earnings ma,\ increase or decrease in the future. (2) After you start receiving bcncfits. they \\ Ill be adjusted for cost-of-living increases. (3) Yourestimatcd bcncfits arc based on current la\\. The law governing benefit amounts may change. (4) Your benefit amount may be affected b\ military service, railroad employment or pensions earned through work on which you did not pay Social Security tax. Visit ?rirm..yncialsccuri/?'.??ot/u?1'.ctatenrcnt to learn more. Windfall Elimination Provision (WEP) - In the future. if you receive a pension from cnlploynlent in \\hicll \ou do not pay Social Security taxes. such as sonic federal. state or local government \\ork, some nonprofit organizations or foreign employment. and you also qualify for your own Social Security rctircmcnt or disability bcncfit. your Social Sccurit\ benefit ma\ be reduced. but not eliminated. by WEP. The amount Of the reduction, if any, depends on your carnings and number of years in.jobs in \\hich you paid Social Security taxes. and the year you arc age 62 or become disabled. For more information. please see Wincif dl 1:7iminaliun 1'rovi.\iun (Publication No. 05-10045) at \i'a,ir..socialsecuritl•.r;m!/{VEP. Government Pension Offset (CPO) - If you receive a pension based on federal. state or local government \\ork in \\hich you did not pay Social Sccurit\ taxes and you qualify. no\\ or in the future, for Social Security benefits as a current or former spouse. \yido\\ or \\ido\\cr. you arc likely to be affected b\ GPO. If GPO applies. your Social Securit\ bcncfit \\Ill be reduced b\ an amount equal to two-thirds Of\Our government pension. and could be reduced to zero. Even if \our bcncfit is reduced to zero. you- \\ Ill be eligible for Medicare at age 65 on your spouse s record. To learn more- please sec Government 1'el7si0f7 011Vc•i (Publication No. 05-10007) at rti>>ti w.srrcicrLcecuritl.rov/GPO. Your Earnings Record Years You Worked Your Taxed Social Security Earnings Your Taxed Medicare Earnings 1973 $ 376 $ 376 1974 1,417 1,417 1975 542 542 1976 0 0 1977 757 757 1978 4,658 4,658 1979 5,269 5,269 1980 14.540 14,540 1981 18.810 18.810 1982 21,396 31,396 1983 23.811 23.811 1984 24,591 24.591 1985 27,538 27,538 1986 0 0 1987 0 0 1988 0 0 1989 0 0 Your Taxed Your Taxed Years You Social Security Medicare Worked Earnings Earnings 1990 $ 0 $ 0 1991 0 0 1992 0 0 1993 0 0 1994 0 0 195 0 0 1996 0 0 1997 1 1,541 1 1.541 1998 0 0 1999 5,537 5.537 2000 7,441 7.441 2001 6.680 6.680 2002 5.963 5.963 2003 0 0 2004 2.835 1835 2005 6.632 6,622 2006 5,204 5.204 2007 9:644 _ 94,44- - 2008 0 0 2009 Not yet recorded Total Social Security and Medicare taxes paid over your working career through the last year reported on the chart above: Estimated taxes paid for Social Security: Estimated taxes paid for Medicare: You paid: $15,351 You paid: $3,576 Your employers paid: $7,733 Your employers paid: $1,799 Note: You currently pay 6.2 percent of your salary, up to $106,800, in Social Security taxes and 1.45 percent in Medicare taxes on your entire salary, Your employer also pays 6.2 percent in Social Security taxes and 1.45 percent in Medicare taxes for you. If you are self-employed, you pay the combined employee and employer amount of 12.4 percent in Social Security taxes and 2.9 percent in Medicare taxes on your net earnings. Help- Us-Kee-n- Your-Earnings Record Accurate You. \our employer and Social Security share responsibiIit\_ for the accurac\ of \our earnings record. Since you bcgan \\orking. \\c recorded your reported earnings under your name and Social Security number. We have updated your record each tinge your employer (or you. i f'you'rc self-employed) reported your earnings. Rcnlcnlbcr. its your earnings. not the amount of taxes \ ou paid or the number of credits you've earned. that determine your benefit amount. When \ve figure that anlOUllt. \\c base it Oil \'OUr average carnings over \our lifetime. If our records arc \\rong. you ma\ not receive all the benefits to \\hich vou're entitled. Review this chart carefully using your o\\n records to make stn-c our information is correct and that \\c've recorded each \ Car you \\orkcd. You're the only person \\Iio can look at the earnings chart and kno\\ \\hcthcr it is complete and correct. Sonic or all of \our earnings from last year may not be sho\\n on \our,5'I0107efN. It could be that \\c still \\cre processing last years earnings reports \\hcn your ,S1010?1071 \yas prepared. Your complete earnings for last \ car wil I be sho\\ n oil next car*s S411017071. Note: If you \vorked for more than one cniploycr during any vicar, or if you had both earnings and self-employment income. \\c combined your earnings for the year. There's a limit on the amount of earnings on which you pay Social Security taxes each year. The limit increases yearly. Earnings above the limit \\ Ill not appear on your earnings chart as Social Security earnings. I For Medicare taxes, the maxinlunl earnings amount began rising in 1991. Since 1904, all of your earnings are taxed for Medicare.) Call us right away at 1-800-772-1213 (7 a.m.-7 p.m. your local time) if any earnings for years before last year arc sho\vn incorrectly. Please have \our W-2 or tax return for those years available. (II'you li\c outside [lie U.S.. follo\\ the directions at the bottom of page 4.) Some Facts About Social Security About Social Security and Medicare... Social Security pays retirement, disability, family and survivors benefits. Medicare, a separate program run by the Centers for Medicare & Medicaid Services, helps pay for inpatient hospital care, nursing care, doctors' fees, drugs and other medical services and supplies to people auc 65 and older, as %A'cll as to people who have been receiving Social Security disability benefits for two years or more. Medicare does not pay for long-term care. so you nta' cant to consider options for private insurance. Your Social Security covered earnings qualify you for both programs. For more information about Medicare, visit www,nredicare.gov or call 1-800-633-4227 (TTY 1-877-486-2048 if you are deaf or hard of hearing). Retirement - if you were born before 1938, your full retirement age is 65. Because of a 1983 change in the law, the full retirement age will increase gradually to 67 for people born in 1960 and later. Some people retire before their full retirement age. You can retire as early as 62 and take benefits at a reduced rate If you work after your full retirement age, you can receive higher benefits because of additional earnings and credits for delaved retirement. Disability --- If you become disabled before full retirement age, you can receive disability benefits after six months if you have: -- enough credits from earnings (depending on your age, you must have earned six to 20 of your credits in the three to 10 years before you became disabled); and - a physical or mental impairment that's expected to prevent you from doing "substantial" work for a year or more or result in death. ifyou arc filing for disability benefits. please let us know if N ou arc on actIA c military duty or are a recently discharged veteran. so thal yve can handle your claim more quickly. Family - If you're eligible for disability or retirement benefits, your current or divorced spouse, minor children or adult children disabled before age 22 also may receive benefits. Each may qualify for up to about 50 percent of your benefit amount. Survivors -- When you die, certain members of "'our family may be eligible for benefits: - your spouse age 60 or older (50 or older if disabled, or any age i f caring for your children younger than age 16); and - your children ifunmarried and younger than age 18, still in school and younger than 19 years old, or adult children disabled before age 22. If you are divorced, your ex-spouse could be eligible for a widow's or widower's benefit on your record when you die. Extra Help with Medicare - I f you know someone who is on Medicare and has limited income and resources, extra help is available for prescription drug costs. The extra help can help pay the monthly premiums, annual deductibles and prescription co-payments. To learn more or to apply, visit www.social,5ecuritygov or call 1-800-772-1213 (TTY 1-800-325-0778). Receive benefits and still work... You can work and still get retirement or survivors benefits. If you're younger than your full retirement age, there are limits on how much you can earn without affecting your benefit amount. When you apply for benefits, we'll tell you what the limits are and whether work would affect your monthly benefits. When you reach full retirement age, the earnings limits no longer apply. Before you decide to retire... Carefully consider the advantages and disadvantages of carp retirement. If you choose to receive benefits before you reach full retirement age, your monthly benefits \vill be reduced. To help you decide the best time to retire, we offer a free publication, When TO Starl Recciviiig Renren7cn1 1307c/ils (publication No. 05-10147), tha! Identifies the many factors you should consider before applying. Most people can receive an estimate of their benefit based on their actual Social Security earnings record by going to wtitw..tocialsecuritl.?jot/es7irnnlur. You also can calculate future retirement benefits by using the Social Security Benefit Calculators at tatvtiaocial.?ecrnill.guv. Other helpful free publications include: - Retirement Benefits (No. 05-10035) - Understanding The Benefits (No. 05-10024) - l'onr Retiren7el71 Benefil: How It Is Figured (No. 05-10070) - Wine idl Elimination Provision (No. 05-10045) - Government Pell.Vi )I7 (yj.cct (No. 05-10007) - Identity The11 And )'(Wr Social Security Number (No. 05-10064) We also.have.other leaflets and fact sheets with information about specific topics such as military service, self-employment or foreign employment. You can request Social Security publications at our website, wwmsocialsecuriry.gov, or by calling us at 1-800-772-1213. Our website has a list of frequently asked questions that may answer questions you have. We have easy-to-use online applications for benefits that can save you a telephone call or a trip to a field office. You may also qualify for go?ernmcnt benefits outside of Social Security. For more information on these benefits. visit www.govhen,qfi1s.gov. If you need more information- Visit ici+r+.so?inlse?ariltego?/nr?nrnleruexr on the Internet, contact any SocKil Security office, till] 1-800-772.1213 or write to Social Security Administration, Office of Earnings Operations. P .O. Box 33026, Baltimore, MU 1190-30?6. If you're deaf or hard of hearing, call TTY 1-800-325-0778. If you have questions about your personal information, you must provide your complete SociLd Security number. If your address is incorrect on this .Slulcinellf, ask the Internal Revenue Service to send you a Form 8822. We don't keep your address if you're not receiving Social Security benefits. Para solicitar una Declaration en espanol, [lame al 1-800-772-1213 lhi {y,41 LOTt 1{1...533 iJ {lV AR1 W _3 (i ?I L COUNTY E {?%?JY?vAi??? WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1365 SANDRA SERAS, : CIVIL ACTION - LAW Defendant : DIVORCE ORDER APPOINTING DIVORCE MASTER AND NOW, this day of ad L , 2012, upon consideration of the attached Petition for Appointment of Divorce Master, it is hereby Ordered and Directed that Esquire, is appointed master with respect to the following claims: Equitable Distribution, Alimony, Counsel Fees and Costs BY THE COURT: ? 41 4.1 J. Distribution: ? Jeanne B. Costopoulos, Esq., 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 John J. Connelly, Jr., Esq., P.O. Box 650, Hershey, PA 17033 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant/Petitioner WILLIAM SERAS, Plaintiff/Respondent V. SANDRA SERAS, Defendant/Petitioner FILEO-OF F111E THE. PR01'f10 , " F;Y Cu121 MAY 23 PM 3. F3 CUMBERLAND 'COU"N iVY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1365 CIVIL ACTION -LAW IN DIVORCE AND NOW, comes the Defendant/Petitioner, Sandra Seras, by and through her counsel, John J. Connelly, Jr., Esquire, Courtney Kishel Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP and files this Motion to Compel Answers to Defendant's Request for Production of Documents and Request for Sanctions in the form of Counsel Fees, Costs and Expenses, and avers the following: 1. The Petitioner is Sandra Seras, Defendant in the above-captioned action, who currently resides at 7 Rockwell Court, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Petitioner"). 2. The Respondent is William Seras, Plaintiff in the above-captioned action, who currently resides at 102 Sable Drive, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Respondent"). 3. The parties are Husband and Wife, having been married on December 2, 1990. 4. A Complaint in Divorce was filed on February 25, 2010 asserting one count for divorce and a count for equitable distribution of property. 5. On November 18, 2011, Petitioner filed a Petition Raising Economic Claims asserting a count for alimony, counsel fees and expenses. Petitioner's Motion to Comte Disc overv Remo-uses 6. Averments one (1) through five (5) are incorporated herein by reference. 7. On March 19, 2012, Petitioner's counsel served Respondent's counsel with discovery requests in the nature of Request for Production of Documents. A copy of the Request for Production of Documents is attached hereto as Exhibit "A". 8. Respondent failed to timely provide the discovery responses, which were due on or before April 18, 2012. 9. On April 23, 2012, Petitioner's counsel contacted Respondent's counsel inquiring as to the status of the discovery responses, because as of that date, they still had not been provided. 10. Respondent's counsel responded that same day, advising that the discovery requests would be mailed April 25, 2012. A copy of the e-mail correspondence between counsel is attached hereto and marked as Exhibit "B". 11. Respondent's deposition was scheduled to occur on April 30, 2012 at 2:00 p.m., in anticipation that Respondent would timely provide the discovery responses. This deposition was scheduled with Respondent's counsel on or about March 16, 2012, who was aware that the discovery responses were critical in preparing for and conducting Respondent's deposition. A true and correct copy of the Notice of Oral Deposition dated March 19, 2012 is attached hereto and marked as Exhibit "C". 2 12. On April 27, 2012, when the discovery responses were not provided, Petitioner's counsel notified Respondent's counsel via e-mail correspondence that the deposition of Respondent would have to be postponed because the discovery responses were still not received. Respondent's counsel promptly replied, "That's fine. I understand". A true and correct copy of the e-mail correspondence with counsel is attached hereto and marked as Exhibit "D". 13. On May 4, 2012, when Petitioner's counsel still did not have the discovery responses, another letter was sent to Respondent's counsel inquiring about the status of the discovery. In that correspondence, Respondent's counsel was advised that if the discovery responses were not received by May 18, 2012, a Motion to Compel would be filed. A true and correct copy of the correspondence dated May 4, 2012 is attached hereto and marked as Exhibit «E„ 14. To date, Petitioner's counsel has not received the discovery responses from Respondent or Respondent's counsel. 15. In the meantime, unbeknownst to Petitioner and Petitioner's counsel, Respondent, through his counsel, filed a Petition for Appointment of a Divorce Master on May 2, 2012. Although a Certificate of Service was attached indicating that Respondent's counsel personally served Petitioner's counsel with a copy of the document via first class mail, to date, Petitioner's counsel has yet to receive a copy of this Petition from Respondent's counsel. Petitioner's counsel had to obtain a copy of said document through the Cumberland County website. 16. In his Petition for Appointment of a Divorce Master, Respondent stated, 1. Discovery is substantially complete as to the claims for which the appointment of a Master is requested. Any additional discovery issues that arise once a settlement conference has occurred will be addressed at that time. A true and correct copy of the Petition for the Appointment of a Master is attached hereto and marked as Exhibit "F". 17. On May 3, 2012, an Order was entered appointing a Divorce Master in this matter. Petitioner's counsel was served a copy of this Order from Respondent's counsel. A copy of the Order and envelope from which it was mailed is attached hereto and marked as Exhibit «G„ 18. Upon receipt of the Order, and without having received the outstanding discovery, Petitioner's counsel wrote to Respondent's counsel again advising that that because it appeared that Respondent was prepared to move the divorce matter forward, the discovery responses must be provided by May 11, 2012, or a Motion to Compel would be filed and Petitioner would request counsel fees. A copy of Petitioner's counsel's second letter dated May 4, 2012 is attached hereto as Exhibit "H". 19. Since Respondent has filed an Inventory and an Income and Expense Statement, and appears to be ready to proceed to trial, there is no reason why Respondent cannot provide the discovery responses to Petitioner's counsel within ten (10) days. WHEREFORE, for the foregoing reasons, Petitioner respectfully requests this Court to Order Respondent to provide adequate discovery responses within ten (10) days of the Order. Petitioner's Request for Sanctions in the Form of Counsel Fees 20. Averments one (1) through nineteen (19) are incorporated herein by reference. 21. Respondent has failed to timely provide discovery responses, which were due on or before April 18, 2012. 22. Respondent's deposition, scheduled for April 30, 2012 had to be cancelled because of Respondent's failure to provide the discovery responses. 4 23. Respondent, through his counsel, has not responded to any correspondence since April 27, 2012, the date in which Petitioner's counsel notified Respondent's counsel that the deposition scheduled for April 30, 2012 would have to be postponed until the discovery responses were provided. See Exhibit "D". 24. Despite Respondent's failure to provide the discovery requests and submit to an oral deposition, Respondent advised the Court in his Petition for the Appointment of a Master that discovery is "substantially complete". 25. Discovery is not "substantially complete" and will not be complete until the discovery responses are provided and Respondent's deposition is taken. 26. The divorce matter cannot proceed unless discovery is complete. 27. Respondent's Petition for the Appointment of a Master, and assertion that discovery is "substantially complete" was filed in bad faith, and was dilatory and vexatious conduct, warranting sanctions. 28. Pursuant to 42 Pa.C.S. §2503, a Court can award sanctions in the form of reasonable counsel fees when conduct of a party is found to be vexatious, dilatory, obdurate or in bad faith. 29. Petitioner has incurred reasonable yet substantial counsel fees as a result of attempting on numerous occasions to obtain the discovery responses from Respondent, and will likely continue to incur counsel fees until this matter can be resolved. 30. Petitioner would not have to incur these counsel fees if Respondent would have cooperated and provided the discovery responses in a timely fashion. 31. Additionally, had Respondent provided timely discovery requests and submitted to a deposition as agreed in March, the divorce proceedings would not be delayed. 5 32. Petitioner does not have sufficient resources to waste money paying counsel fees and expenses unnecessarily, and as such, requests the Court order Respondent to pay her counsel fees incurred as a direct result of Respondent's failure to cooperate with the discovery process. 33. In accordance with C.C.R.P. 208.2(d), undersigned counsel has contacted Attorney Costopoulos concerning her position on this Motion; however, she was unavailable, so a voicemail was left requesting her response. However, it is presumed that given the number of documented attempts to obtain the discovery to date, Attorney Costopoulos does not concur in the Petitioner's request to compel discovery or her request for sanctions in the form of counsel fees. WHEREFORE, for the foregoing reasons, Petitioner respectfully requests this Honorable Court Order discovery to be provided within ten (10) days of issuing an Order, find that Respondent's conduct was vexatious and in bad faith, and finther order Respondent to pay Petitioner's reasonable counsel fees that she has incurred and will continue to incur as a direct result of Respondent's failure to cooperate in the discovery process. Dated: May 23, 2012 By: Respectfully submitted, JAMES, SAffM DIETTERICK & CONNELLY, LLP John J. Conne y, . Attorney I.D. 15 5 Courtney Kishel Powell Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant/Petitioner 6 VERIFICATION The undersigned, Courtney Kishel Powell, Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Motion has been prepared by me by knowledge and information acquired during the course of my representation of Defendant, Sandra Seras; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: May 23, 2012 EXHIBIT "A" WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1365 SANDRA SERAS, CIVIL ACTION -LAW Defendant : IN DIVORCE DEPEND-ANT'S REtUEST FOR PRODUCTION OF DOCUMENTS TO: William Seras, Plaintiff c/o Jeann6 B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Defendant, Sandra Seras, by her undersigned counsel, hereby propounds the following request for production of documents and tangible things pursuant to the Pennsylvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at the law offices of James, Smith, Dietterick & Connelly, within thirty (30) days. INSTRUCTIONS AND DEFINITIONS Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit. any response to the numbered request as a whole. If you have any objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty (30) days of service of these requests upon you, regardless of the time set for production of the documents and things requested herein. You are reminded that any objections not raised within the thirty (30) day period provided for by the Rules of Court will be deemed to have been waived by you. These requests are not only for documents and tangible things that are owned by you, but also for documents and tangible things that are in your possession, custody, or control. This means that you must produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession. It also means you must produce documents and tangible things that are in the possession, custody, or control of your agents, employees, and/or attorneys. Before responding to. these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any such legal entity should be construed accordingly. ' Plaintiff' means the particular plaintiff or plaintiffs in this section to whom this request is addressed, as set forth above. "Defendant" means the defendant or defendants named in this action. "Document", "record", "file", and "report" all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. DOCUMENTS TO BE PRODUCED Please produce at the law offices of James, Smith, Dietterick & Connelly, counsel for Defendant, located at 134 Sipe Avenue, Hummelstown, Pennsylvania 17036, within thirty (30) days of the date of this Request, the following documents: 1. Copy of your federal and state income tax return, including all 1099's, 1098's, W- 2's, schedules, and worksheets for 2007 through 2011, with the exception of 2010 which you previously supplied. 2. Copies of the general ledger, profit and loss statements, for the Back Door Cafe from January 1, 2007 through the present. 3. Copies of all monthly bank statements with cancelled checks for the Back Door Cafe, from January 1, 2009 through the present. 4. Copies of monthly statements for any credit card paid by the business from January 1, 2009 through the present. 5. Copies of all declaration pages for all insurance policies covering the Back Door Cafe, including but not limited to policies that cover business equipment, the building, vehicles, liability and business interruption coverage. 6. Copies of all depreciation schedules and fixed asset details for the Back Door Caf6, from January 1, 2007 through December 31, 2011. 7. Copies of all Form 1099's-K's received for 2011 from all credit card, payment card service and/or other payment settlement providers for the Back Door Cafe. 8. Copies of all W-2's for any family members employed by the Back Door Cafe from January 1, 2007 through December 31, 2011. 9. A list with supporting documentation showing dollar amount and specific benefit of all perquisites received by you or any member of your family from the Back Door Cafe from January 1, 2007 through December 31, 2011. Said perquisites shall include but not be limited to the personal use of any company-owned automobile, payment of gasoline, insurance, repairs and maintenance of personal vehicles, the payment of any non-business travel paid by the company, or any other personal expense. 10. Copy of the lease for the rental property at 156 W. High Street, Carlisle, PA 17013 from January 1, 2009 through the present. 11. Copies of IRS Forms 4070 for the Back Door Cafe, from January 1, 2009 through. December 31, 2011. 12. Documentation showing payment by the Back Door Cafe of any portion of insurance, real estate taxes, and/or utilities paid pertaining to the rental until at 156 W. High Street from January 1, 2007 through December 31, 2011. 13. Copies of any and all monthly credit card statements for any credit card used for your personal expenses from January 11 2009 through December 31, 2011. 14. A copy of your most recent mortgage application and/or Uniform Residential Loan Application. 15. All documentation used to determine the value of the Back Door C66 and Front Door Cafe at the time you acquired it. 16. Copies of all monthly bank statements from any financial institution that you have deposited funds or in which you have an interest from January 1, 2009 through the present, with the exception of those records supplied under #3. 17. Copies of your most recent statements concerning your Morgan Stanley Smith Barney Roth IRA, and Oppenheimer accounts. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: March R 2012 By Attorney I.D. #1$0115 Courtney Kishel 15owell Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant, Sandra Seras WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1365 SANDRA SERAS, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, attorney for the Defendant, Sandra Seras, hereby certify that I have served a copy of the foregoing Defendant's Request for Production of Documents on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS. -RE-LAID Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Dated: March IL , 2012 By: Courtney Ibis owell Attorney I.D. 81 09 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant, Sandra Seras JAMES, SMITH, DIETTERICK & CONNELLY, LLP EXHIBIT "B" C-otuirvey K. Pull From: Jeanne Costopoulos Gbclegal@gmail.com] Sent: Monday, April 23, 2012 8:12 PM To: Courtney K. Powell Subject: Re: Seras v. Seras It will go out in Wednesday's mail. My assistant is out so I have to make the copies myself. Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: 717-221-0900 Fax: 717-591-9065 www.ibcfamilylaw.com The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify me immediately by e-mail, and delete the original message. jsdc.com> wrote: On Mon, Apr 23, 2012 at 1:58 PM, Courtney K. Powell <ckp@ Hello Jeanne, I am writing to follow up with you concerning the responses to the discovery requests sent March 19, 2012. They were due last Wednesday, and while I would not normally object to giving you more time on the responses if you need it, as you may recall we scheduled a deposition for next Tuesday with the understanding that we would have the discovery in time. Any idea as to when you can get the information to me? Please advise when you can. Thanks, Courtney Courtney K&hei Poweii, Esquire James, Smith, DieltenL* & Connelly LLP A0. Box 650 Hershey, PA 17033 717.533.3280 71Z533.7771(fax) www.isdc com EXHIBIT "C" WILLIAM SERAS, Plaintiff V. SANDRA SERAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1365 CIVIL ACTION -LAW IN DIVORCE NOTICE BY DEFENDANT TO TAKE ORAL DEPOSITION TO: William Seras, Plaintiff c/o Jeann6 B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that pursuant to the Pennsylvania Rules of Civil Procedure, the undersigned will take the deposition of WILLIAM SERAS, upon oral examination, for the purpose of discovery and for use at trial in the above action, or for both purposes before a stenographer or Notary Public for the Commonwealth of Pennsylvania, or other person authorized to take depositions, at the law offices of James, Smith, Dietterick & Connelly, LLP, 134 Sipe Avenue, Hummelstown, Pennsylvania, on Monday, April 30, 2012, at 2:00 p.m., on all matters, not privileged, which are relevant and material to the issues and subject matter involved in the pending action. The said deponent is required to appear at the aforesaid time at the above address and submit to examination. Dated: JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: Courtney Kishel owell Attorney I.D. #8 509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant WILLIAM SERAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1365 SANDRA SERAS, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly LLP, attorney for the Defendant, Sandra Seras, hereby certify that I have served a copy of the foregoing Notice of Oral Deposition on the following on the date and in the manner indicated below: VIA us, MAIL. FIRST CLASS, PRE-PAID Jeann6 B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: March A 1 2012 V By: 60 ourtney Ki l owell Attorney I.D. 1 09 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant, Sandra Seras EXHIBIT "D" Cow-tray K. Pcfl"H From: Jeanne Costopoulos obclegal@gmail.comj Sent: Friday, April 27, 2012 12:59 PM To: Courtney K. Powell Subject: Re: Deposition That's fine. I understand. leann6 B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: 717-221-0900 Fax: 717-591-9065 Sent from my iPhone 4S. On Apr 27, 2012, at 12:52 PM, "Courtney K. Powell" <ckp@isdc.com> wrote: <image001.gif5 Jeanne, As you know, we have a deposition scheduled Monday afternoon in the Seras matter. Since we have not received the discovery responses yet, we are going to have to cancel it and reschedule it. Please notify your client. When we receive the discovery responses, I will contact you about rescheduling. Thank you, Courtney Courtney KtisW Pbtw#, Esquire da ft&- lames, Smith, Dleitent* 8 Conneiy LLP P.O. Box 650 Hershey, PA 17033 717.533.3280 71Z533.2771 (fax) MMtRk. EXHIBIT "E" JA1vfE5 SMrIH D07E CK & CONNELLY LLP Courtney Kishel Powell cb iak-0 m FAX 717.298.2025 May 4, 2012 VIA FACSIMILE (717) 591-9065 AND U.S. MAIL Jeann6 B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Re: Seras v. Seras Dear Jeann& As you are aware, I provided you with discovery requests in the nature of Request for Production of Documents on March 19, 2012. Those responses were due on April 18, 2012. . Through e-mail correspondence last week, it was my understanding that you were mailing those responses to me on Wednesday, April 25, 2012. However, to date I have not received any discovery materials from you. As you know, we would like to depose your client in an effort to finalize this matter; however, without the discovery materials, we cannot conduct the deposition. In an effort to move this case forward, please consider this letter as notice that if I do not receive the discovery responses by May 18, 2012, we will be filing a Motion to Compel with the Courts. I hope that that will not be necessary. Your attention to this matter is appreciated. CKP/mbl cc: Sandra Seras P.O. BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3280 WWW.JSDC.COM GARY L JAMES MAX J. SMRRH, JR. JOHN J. CONNEL Y, JR. SOOrr A. DETrW" JAMES F. SPADE MATTHEW CHABAL, III NEL W. YARN EDWARD P. SEES RONALD T. TOMAD O SUSAN M. KAM COURRNEY K. POWELL KreERLY A. BONNt3i KAREN N. CDNNELLY CHWSTNE T. BRANN JEssrA E. LOWE GREGORY A. KCGUr, JR. THOMAS J. CAR RALPH M. SALVIA TERESA M. ReFsNYDER JAMES D. YOtMG OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. VA,-c, M111j, vnnre .r **? -COMM. JOURNAL- DATE MAY-04-2012 ***? TIME 0809 * ? MODE - MEMORY TRANSMISSION START-MAY--04 08:08 END-MAY-04 0809 FILE NO.-276 STN NO. COMM. AHHR NO. STATION NAME/TEL NO. PAGES DURATION 001 OK a 5919065 001/001 00:00:36 -JSDC - *rWlc ?Ic**?k?Wplok - - ?IolWok* - - *M?WbWN?lgolt JA1,ar; SrRiH DIt:rllaaac de Cot?a?r rrr ComMry KithdPewrt ,?? rlm?iyriiaa6 , FAX 717.291= pa a XOD HSVFEX PM 17033 CounrAdd? an ^*a May 4, 2012 1I tR AI ME TM- 717AX.3= ' WWWAMOOM VIA FACW&L !7171591-9065 AND U.S,L Yeamrnel H. Coftpoulos, )esquire 130 Getty9mg Pelee, Suite C Mechane>sbeag, PA 17055 Re: San v. Saar Deis Jeann6: As you are aware, I provided you with discovery requests in dw nature of Request for Production, of Docvmews on March 19, 2012. Those responses were due on April 18, 2012. Through a-mail correspondence last meek, it was my unde afsnding dud you were mailing dross responses to me on Wednesday, April 25, 2012, However, to date I have not received any discovery materials ft m you. As you know, we would like to depose your client in an effort to finalize this matter, however, widwat the discovery materials, we cannot conduct the deposition. In m effort to move this case forward, please consider this loner as notice that if I do not receive ft discovery responses by May 18, 2012, we will be filing a Motion to Compel with the Courts. I hope that that will not be necessary. Your attention to this matter is appreciated. CKPfmb1 cc: Sandra Seras very truly yours, ;r e OWL,AWW MIX 1 a1M11. A jam J. OONNRW.IJL 4*0 aa m A611740N 01001. a NIL* YAW mww?R ars.M• GAM M KAM K ftWEL BOHM KkT MN etaammy C]I WURT.1114" Jura?@ LOW pllgglMA. NW. J1. TWIM{d OM PAIN IL aMfM 1NiMM.`RIMMrrpol Jr16 0. YOM OF 00UNW SWOM A. *#^ J1. EXHIBIT "F" ;jF ME PR0TH0N0TAR';. 2012 MAY -2 PM 1: 12 CUMi ERLAND COUNTY PENNSYLVANIA JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA SERAS, Defendant : NO. 10-1365 CIVIL ACTION - LAW DIVORCE PETITION FOR APPOINTA ENT OF DIVORCE MMM AND NOW comes the Plaintiff, William Seras, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and moves this Honorable Court to appoint a divorce master with the respect to the following claims: Equitable Distribution, Alimony, Counsel Fees and Expenses, In support of this motion, Plaintiff states; 1. Discovery is substantially complete as to the claims for which the appointment of a master is requested. Any additional discovery issues that arise once a settlement conference has occurred will be addressed at that time. 2. Defendant is represented by John J. Connelly, Jr., Esquire. 3. The statutory grounds for the divorce are 3301(c) of the Divorce Code. 4. The action is contested with respect to the following claims: (a) Equitable Distribution of property (b) Alimony (c) Counsel Fees and Expenses 11 5. This action does not involve complex issues of law or fact; and 6. The hearing is expected to take one (1) day. Respectfully Submitted: By: JEAN B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff L Dated: VERIFICATIQN I, William Seras, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom verification to authorities. Date: M44, -ON William eras CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 By: A B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 / Attorney for Plaintiff Date: ?Z !? 2 EXHIBIT "G" f ?. `i"gin -t7r;" OTC' 2c?12 NAY -3 A? 11 ? ?? CUMBERLAND COUNT`; FENNSYLyANIA WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1365 SANDRA SERAS, : CIVIL ACTION - LAW Defendant : DIVORCE ORDER APPOINTING DIVORCE MASTER AND NOW, this 3 day of 2012, upon consideration of the attached Petition for Appointment of Divorce Master, it is hereby Ordered and Directed that E C" .2 , Esquire, is appointed master with respect to the following claims: Equitable Distribution, Alimony, Counsel Fees and Costs BY THE COURT: J. Distribution: Jeanne B. Costopoulos, Esq., 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 John J. Connelly, Jr., Esq., P.O. Box 650, Hershey, PA 17033 a Y k(l 0?. ?401k COMD 4 r 0 N a•, d" W y.; M F--? M O N o ? •° a; x lr} i? [37 i U N i?+ Linn T tH' y ? O ? ?a a o ? ?3 o .o ° U N y g C t7f + toC CD V EXHIBIT "H" JAh,O SMIM DIE11'ELtICK & CONNELLY LLP Courtney Kishel Powell cjWQ.isdc,com FAX 717.298.2025 P.O. BOX 650 HERSHEY, PA 17033 Couner Address: 134 SIPE AVENUE May 4, 2012 HUMMELSTOWN, PA 17036 TEL. 717.533.3280 W W W .JSDC. COM VIA FACSIMILE (717 591-906_5 AND U.S. MAIL Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA. 17055 GARY L. JAMES Re: Seras v. Seras MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SOorT A DIErrEFJOK JAMES F. SPADE Dear Jeanne: MATTHEW cMA®AL, III NEIL W. YARN In this morning's mail I received an order appointing Mr. Elicker as the Divorce EDWARD P. SEESM Master in the above-referenced matter. You can imagine my surprise when I opened it, as I COSY K POWs was never provided a copy of the Motion requesting his appointment, or your client's , Y A. BONNER Y Inventory and Income and Expense Statement. I am further perplexed by the fact that you ' cH Lo s discovery filed the Motion for appointment of a Master when you knew your client GRe3OFT! A. KOGUT, JR. C C responses remained outstanding and his deposition was pending. AR TH OM S M. J. AR R TEf1ESA M. RBFSNYDE Since it appears that you are ready to move forward in litigating this matter, please JAMES D. YOUNG JA COUNSEL provide me the discovery responses next week, or I will file a Motion to Compel with the SRI AROs Gmam A B Court and request counsel fees. . ERNARD Your attention to this matter is appreciated. CKP/mbl cc: Sandra Seras v-, M11v vnnrc *,k p?*** adaC -COMM. JOURNAL- DATE MAY-04-2012 ***** TIME 15:45 > ***** . It - MODE - MEMORY TRANSMISSION START-MAY-04 15 44 END-MAY-04 15:45 FILE NO.-283 STN NO. COMM. ABBR NO. STATION NAME/TEL NO. PAGES DURATION 001 OK a 5919065 001/001 00:00:35 MoroK* ?* - VtAFACSIi1 LE (71712&--W ANp? U.S. MAEL Jeum6 B. Codopoalos, Esquire 130 Gettysburg Puce, Saito C Mechanicsburg, PA 17055 Re: Sams v. Sems Dear Jeanne: -JSDC - - *?qc* - - HolaWioldak?lok ]Alvg'S 5NlIIti DQ3T1'B? 14 ?Oi?II?LI' l IJ.P CouftV KixW ftWA PAX 717 . 1'15 P.O. am 660 HE VM,, RA 17033 00WW Md@s t516PEAWR May 4, 2012 r a OM, w, nave ?a.. rar.aea?a owvvv..?oc.coe? ' In this morning's mail 1 received an Order appointing Mr. Elicka' as the Divorce master in the above-taferenced matter. You can imagine my myrise wben I opened it, as I was never prpvided a copy of the Motion requesting his appoint'amt, Of your client's Inva Wq and 10=e and Eapensc Statement. 1 am farther paatplued by the fact that you filed the motion fm appointment of a Master when you knew your client's discovery responses remained outstanding and his deposition was pending. Since it appears that you are ready to move forward in litigating thl, matter, Please provide me the discovery responses n court and request Comm, fees. your attention to this matter is appreciated. Very truly yours, 's e1 0 CKP/mbl cc: Sandra Serer C%WL JN Mac J. aMIK J& JWa J. 0mmu. A JNA! R *W' POILaK YNN EnNwa SLOW ftwAD T. T0#06 CaPNW POU A 0W" lum k oomm Q?1![T. 9WN LOo?7q JR TWOMJ. 00 ==M 1vur.rt 'MR" 0. YouA Qraotr+lns cnweoo?N K wawa DomM A. 000A JR. WILLIAM SERAS, Plaintiff/Respondent V. SANDRA SERAS, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1365 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly LLP, attorney for the Defendant, Sandra Seras, hereby certify that I have served a copy of the foregoing Motion on the following on the date and in the manner indicated below: VIA U.S MAIL- FIRST CLASS. FRE-PAID Jeann6 B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Dated: May 23, 2012 By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP T ourtney Kishel ell Attorney I.D. #8 1549 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Defendant/Petitioner, Sandra Seras WILLIAM SERAS, PLAINTIFF V. SANDRA SE'RAS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1365 CIVIL ORDER OF COURT AND NOW, this 25th day of May, 2012, upon consideration of the Defendant's Motion to Compel Answers to Request for Production of Documents and Request for Sanctions, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before June 15, 2012; 3. The Prothonotary is directed to forward said Answer to this Court. 4. Hearing on the matter will be held on Wednesday, August 15, 2012, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. /Jeanne Costopoulos, Esquire Attorney for Plaintiff John J. Connelly, Jr., Esquire Courtney Kishel Powell, Esquire - c Attorneys for Defendant s kftc, $ bas ?`" ? _ IN L, 2 1, 41I I: 1 d 1r"`x'ir t' L PdD COO T'i" PENNSYLVANIA JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA SERAS, Defendant NO. 10-1365 CIVIL ACTION - LAW DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL ANSWERS TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR SANCTIONS IN THE FORM OF COUNSEL FEES, COSTS AND EXPENSES AND NOW comes the Plaintiff, William Seras, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files this Answer to Defendant's Motion to Compel Answers to Defendant's Request for Production of Documents and Request for Sanctions in the Form of Counsel Fees, Costs and Expenses: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. No response required. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. It is admitted that as of the date Defendant's Motion was filed that her counsel had not yet received the discovery responses. By way of further answer, said responses were sent via mail on June 5, 2012. 15. Admitted. By way of further answer, undersigned counsel had intended to mail the discovery responses with the master documents but had copying issues due to a lack of available staff. 16. Admitted. Again, the intention of undersigned counsel was to mail the completed discovery responses on the same date as the master documents. 17. Admitted. 18. Admitted. 19. Admitted. Accordingly, the responses have been sent on this date. 20. No response required. 21. Admitted. 22. Admitted. By way of further answer, when the deposition was canceled counsel indicated that it would be rescheduled once the discovery responses were received. Since undersigned counsel was aware that the master's office was scheduling pretrial conferences into August of A. 2012, she knew that ample time would be available to provide the discovery responses and to complete Plaintiff's deposition prior to any scheduled master date. In addition, undersigned counsel had previously discussed with counsel for Defendant that she was going to file documents to appoint the master just to keep the case moving while both parties continued to work towards a settlement of the case. 23. Admitted. 24. Admitted. 25. Denied. The discovery responses were completed but were not copied, a fact which undersigned counsel had previously indicated to opposing counsel. Undersigned counsel was out of the office from April 20, 2012 through April 23, 2012 and undersigned counsel's one part-time employee was out of the office to prepare for and attend her own wedding in North Carolina from April 24, 2012 until May 14, 2012 and then after a few days was out sick until last week when the copies were finally made. By way of further answer, undersigned counsel knew the deposition would be complete prior to pretrial conference being held before the master. 26. Admitted. By way of further answer, even if discovery had been provided and the deposition was held as scheduled, the case would still not proceed until a pretrial conference was scheduled before the master which will probably not occur until August of 2012. 27. Denied. Plaintiff personally provided originals of the requested documents to undersigned counsel prior to them being overdue. Counsel for Plaintiff was the sole cause of the delay as she was waiting for her staff to make the voluminous copies from Plaintiff's original documents, some of which were handwritten or double-sided, and a lack of clear understanding as to how much preparation was needed for her employee's wedding resulted in her being unaware as to how many days her employee would be unavailable for the copying project. Undersigned counsel believed at the time of her assertion that discovery was substantially complete since all that was outstanding was the copying and the deposition, both of which would be done long before an available date before the divorce master. 28. Admitted. 29. Undersigned counsel is without sufficient information to comment regarding whether petitioner has incurred reasonable yet substantial counsel fees related to this matter. 30. Admitted. It should be noted that Plaintiff served discovery requests on Defendant on May 9, 2011 and no response was received until July 14, 2011 and some responses still have not been received, such as information regarding real estate in New Hampshire. Therefore, it is alleged that Defendant has also engaged in actions that resulted in late submission of discovery responses. 31. Denied. The divorce proceedings have not been delayed. Since Plaintiff filed documents to appoint the master, once the deposition is complete the case will already be scheduled for a master conference, probably in August of 2012. 32. See answer to 27 above. 33. Undersigned counsel does concur in the Petitioner's request to compel discovery and has in fact sent discovery responses on this date. Undersigned counsel does not concur that sanctions are warranted as no actual delay of the case getting before the divorce master has been established and the delay was solely the cause of copying and staffing issues rather than an attempt to delay the case or other such sinister motive. Defendant is the only party who has acted vexatious in that she has repeatedly harassed Plaintiff about economic issues and other issues related to the divorce case after being warned repeatedly through counsel that she was not to contact Defendant for any reason other than reasonable and civil contact relating to the parties' children. WHEREFORE, Plaintiff respectfully requests that Defendant's Motion be denied since the discovery responses have been submitted, no intentional sinister motive caused the delay, and Defendant still has not provided various discovery responses to Plaintiff and therefore has unclean hands. Respectfully Submitted: By: JEA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Dated: 6 /r// L ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for William Seras, Plaintiff. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing document are based on information known to undersigned counsel and not necessary to her client. 4. The facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: - OkINt B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ? ? f'Z Attorney for Plaintiff Dated: CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 By: JE NE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: 6 ,! 5-// - WILLIAM SERAS, PLAINTIFF V. SANDRA SERAS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1365 CIVIL ORDER OF CAURT AND NOW, this 15"' day of August, 2012, upon consideration of the information from Counsel for Defendant that the parties have reached an agreement and that the hearing this date is no longer needed, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for 2:00 p.m. this date is CANCELLED. By the Court, M. L. Ebert, Jr., J. ~Jeann~ Costopoulos, Esquire Attorney for Plaintiff `John J. Connelly, Jr., Esquire ~"') -~~ ICJ Courtney Kishel Powell, Esquire ~~ ~ Attorneys for Defendant N~ ~' ~ ~ ~' ca s bas ~~~~'S ~, ~~ ~~,5"~a p' ~ c~ . ,.~ ~; ~ ~~~~ :.Y i ,_.~ ~ ~.. n ~- e; ~--4 WILLIAM SERAS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ca v. : NO. 10-1365 SANDRA SERAS, CIVIL ACTION -LAW Defendant : IN DIVORCE ~.- ~ ~+~ 7> c-> -Q 3 2. ORDER OF COURT b -~ ~ AND NOW, this 15`t' day of August, 2012, based upon an agreement reached by the parties, it is hereby ORDERED and DECREED as follows: (a) Plaintiff, William Seras, shall produce any and all outstanding responses to Defendant's Request for Production of Documents to Defendant's counsel no later than Friday, August 17, 2012; and (b) Plaintiff's counsel shall pay Defendant, Sandra Seras, the amount of $1,600.00 counsel fees incurred in resolving the outstanding discovery issues. The amount of $1,600.00 shall be paid within ninety (90) days of August 15, 2012; and (c) The hearing scheduled for Wednesday, August 15, 2012 at 2:00 p.m. relative to this matter is canceled. By the Court, ^~~t. M.L. Ebert, Jr., Judge Distribution: / Jeanne B. Costopoulos, Esquire, 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 ~ Courtney Kishel Powell, Esquire, P.O. Box 650, Hershey, PA 17033 ~ -. ~..:. -~: ~. ~-~., c~ -~; 43 ~ r',. .< WILLIAM P. SERAS, Plaintiff/Respondent VS. SANDRA P. SERAS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 10-1365 CIVIL TERM IN DIVORCE PACSES Case No: 833113756 ORDER OF COURT cn. _- -* l V AND NOW to wit, this 21 st day of February, 2013, it is hereby Ordered that pursuant: to an agreement of the parties, the scheduled conference is continued generally for thirty days and may be relisted at the call of either party. If the matter is not relisted, the complaint for Alimony Pendente Lite will be dismissed, without prejudice. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY 7 THE T: Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Courtney Kishel Powell, Esq. Jeanne B. Costopoulos, Esq. Form OE-001 Service Type: M Worker: 21005 WILLIAM SERAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1365 c� SANDRA SERAS, CIVIL ACTION - LAW Defendant IN DIVORCEM �,, dam. AFFIDAVIT OF CONSENT J ° Qom" r-, J V" 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code wa$c.fild on--d' February 25, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Sandra Seras,Defendant F 1LE,D-t,Ji of T�';;: i'i OT110 13TA4�`' 2813 JUH -S All 11: WILLIAM SERAS CUMBERLAND COUNKTHE COURT OF COMMON PLEAS Plaintiff PENNSYLVANI CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1365 SANDRA SERAS, CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to-me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Sandra Seras,Defendant WILLIAM P. SERAS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 10-1365 CIVIL TERM SANDRA P. SERAS, IN DIVORCE Defendant/Petitioner PACSES Case No: 833113756 ORDER OF COURT AND NOW to wit, on this 11th day of June, 2013, it is hereby Ordered that the claim for Alimony Pendente Lite and request for conference filed on January 17, 2013 in the above captioned matter is dismissed without prejudice due to the Plaintiff withdrawing her claim for Alimony Pendente Lite pursuant to an outside agreement of parties. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the . t) r' ;i 'c Office of the Prothonotary for a hearing de novo before the Court. _o ` G, ,. .... _ BY T OURT: Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Courtney Kishel Powell, Esq. Jeanne B. Costopoulos, Esq. Form OE-001 Service Type:M Worker:21005 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA DOMESTIC RELATIONS SECTION SANDRA P. SERAS, DOCKET NO. 10-1 365m-CIVIL. Plaintiff ' V. PACSES CASE NO. 833113756 -O _'. ' tea' r CD r- .... WILLIAM P. SERAS, CIVIL ACTION - LAW z� -v 4:1 Defendant IN SUPPORT vc- = .a-C) , c , at rD PRAECIPE TO DISCONTINUE Please discontinue the spousal support claim filed by Plaintiff, Sandra P. Seras,in the above-captioned action. JSDC Law Offices Dated: June ,2013 By: Courtney Kishel P ell Attorney I.D. #81 P.O. Box 650 Hershey,PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff J IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA DOMESTIC RELATIONS SECTION SANDRA P. SERAS, DOCKET NO. 10-1365-CIVIL Plaintiff V. PACSES CASE NO. 833113756 WILLIAM P. SERAS, CIVIL ACTION - LAW Defendant IN SUPPORT CERTIFICATE OF,SERVICE 1, Courtney Kishel Powell, Esquire,of James, Smith,Dietterick&Connelly, LLP attorney for the Plaintiff, Sandra P. Seras,hereby certify that I have served a copy of the foregoing Praecipe on the following on the date and in the manner indicated below: VIA U.S.MAIL,FIRST CLASS,PRE-PAID Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 JSDC Law.Offices Dated: June`' 1 ,2013 By Courtney Kisliff PAwell Attorney I.D. 5 9 P.O. Box 650 Hershey,PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff WILLIAM SERAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1365 C_ SANDRA SERAS, CIVIL ACTION - LAW , --03 __- Defendant IN DIVORCE r�n C ;n;.s.. -) ~� CD PRAECIPE TO WITHDRAW CLAIMS D C:) CD -< ca ti TO THE PROTHONOTARY: Please withdraw the claims for alimony, alimony pendente lite, counsel fees and expenses filed by Defendant, Sandra Seras,in the above-captioned action. JAMES, SMITH,DIETTERICK & CONNELLY,LLP Dated: June 20,2013 By: Courtney Kis, Po ell Attorney I.D. 8150 P.O. Box 650 Hershey,PA 17033-0650 (717) 533-3280 Attorneys for Defendant WILLIAM SERAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 10-1365 SANDRA SERAS, CIVIL ACTION -, LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire,of JSDC Law Offices, attorney for the Defendant, Sandra Seras,hereby certify that I have served a copy of the foregoing Praecipe on the following on the date and in the manner indicated below: VIA U.S.MAIL,FIRST CLASS,PRE-PAID Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 JSDC Law Offices Dated: June 20,2013 By: I I ' ourtney Kishel o ell Attorney I.D. #11�50 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant i J F!Ll D-OFFICE O THE PRaj"ot oTAR f 2013 JUN 26 Pty 4: 22 r,uM M YND ppCOUNTY}� WILLIAM SERAS, : IN THE COURT OF COMMA W� --A`S�OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1365 SANDRA SERAS, : CIVIL ACTION - LAW Defendant : DIVORCE PETITION TO VACATE APPOINTMENT OF DIVORCE MASTER AND NOW comes the Plaintiff, William Seras, by and through his attorney, Jeanne B. Costopoulos, Esquire, and requests this Honorable Court to vacate the appointment of the divorce master, In support of this motion,Plaintiff states: 1. A Marital Settlement Agreement dated May 31, 2013 was signed by both parties. 2. Each party has filed an Affidavit of Consent and a Waiver of Notice of Intention to Request Decree in Divorce. 3. Both parties have withdrawn all pending economic claims and there are no remaining claims pending. 4. Counsel for Defendant concurs with the relief requested herein. Respectfully Submitted: By: JEANA B. COSTOPOULO IRE Attorney I.D.No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: 6� Attorney for Plaintiff J CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire,hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure,by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania,through first class mail,prepaid, and addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 By: ANNE B. COSTOPOULOS,-E-SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 �I Attorney for Plaintiff Date: a Np i r Gr THE P'ROTN NOTAEZY 1013 JUN 26 P11 ,4: 22-, CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1365 SANDRA SERAS, : CIVIL ACTION -LAW Defendant : DIVORCE PRAECIPE TO WITHDRAW COUNT II OF COMPLAINT TO THE PROTHONOTARY: Kindly withdraw Count 11 of the Complaint in Divorce filed on February 25, 2010. By: JE E B. COSTOPOULOS, E QUII2E Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: 2 1, Attorney for Plaintiff, William Seras r ' d CERTIFICATE OF SERVICE I,Jeanne B. Costopoulos,Esquire,hereby certify that this day I personally served a copy of the foregoing document upon the person,and in the manner, indicated below,which service satisfies the requirements of the PA Rules of Civil Procedure,by depositing a copy of the same with the United States Post Office at Mechanicsburg,Pennsylvania,through first class mail,prepaid, and addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 By: i0ANNEt B. COSTOPOULOS,ESQ RE Attorney I.D.No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, William Seras Dated: IL ED-0 F F ICE Of T HE PROTHONOTARY 2913 JUN 26 PM -4: 21 CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SERAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1365 SANDRA SERAS, CIVIL ACTION- LAW Defendant DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 con-sent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony,division of property,lawyer's fees,or expenks if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: c.pa William Seras ca LED-UFFICE 01" THE PROTHONGTA,"',, 2013 JUN 26 PM 4. 21 CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SERAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1365 SANDRA SERAS, CIVIL ACTION-LAW Defendant DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c)of the Divorce Code was filed on February 25, 2010. '2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: William Se CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SERAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-1365 SANDRA SERAS, CIVIL ACTION-LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Sandra Seras,Defendant in the above case,accepted service on March 1,2010. of the Complaint in Divorce that was filed on February 25, 2010 at the above term and docket number. Date: -71L I Sandra Seras , • WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -0 3 w ,! V. : NO. 10-1365 °' fn -_ r- cn r I rn SANDRA SERAS, : CIVIL ACTION - LAW N °�', Defendant : DIVORCE D° ORDER TO VACATE APPOINTMENT OF DIVORCE MASTER rW AND NOW,this Z day of <1 J k,, , 2013,upon consideration of the attached Petition to Vacate Appointment of Divorce Master, it is hereby Ordered and Directed that the appointment of the divorce master is hereby vacated and the parties may proceed with filing a Praecipe to Transmit the Record and finalizing the divorce. BY THE COURT: r/91"( J. Distribution: .,. anne B. Costopoulos, Esq., 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 /John J. Connelly, Jr., Esq., P.O. Box 650, Hershey, PA 17033 ar*ES i ZZtl ?AZ/ 3 tv WILLIAM SERAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN r V. :NO. 10-1365 n u o o C C:) SANDRA SERAS, : CIVIL ACTION - LAW 7-'o :;f., Defendant : DIVORCE m , PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record,together with the following information,to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: March 1, 2010 via personal acceptance by Defendant. See Acceptance of Service dated June 27, 2013 filed simultaneously with this Praecipe to Transmit Record. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff. June 5, 2013; by the Defendant: May 31, 2013. 4. Related claims pending: None remaining. Please incorporate without merging the Marital Settlement Agreement of the parties dated May 31, 2013. 5. Date Plaintiff s Waiver of Notice of Intention to Request Entry of Divorce Decree Under §3301(c)of the Divorce Code was filed with the Prothonotary: June 26, 2013. Date Defendant's Waiver of Notice of Intention to Request Entry of Divorce Decree Under §3301(c)of the Divorce Code was filed with the Prothonotary: June 5, 2013. By: JE E B. COSTOPOULOS,ESQUI Attorney I.D.No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Date: 3 WILLIAM SERAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA SERAS : NO. 10-1365 DIVORCE DECREE AND NOW, 1��y �s °'� 2013 , it is ordered and decreed that WILLIAM SERAS plaintiff, and SANDRA SERAS defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows.. (If no claims remain indicate "None.") IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the terms, provisions and conditions of the Marital Settlement Agreement between the parties dated May 31, 2013 are hereby incorporated in this Decree in Divorce by reference as though fully set forth herein at length. By the Court, Attest: Prothonotary Cerf 4K ma i led -fo,a(&foU o lus No�-iCe ��H mailer �nnel(y Ql�