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HomeMy WebLinkAbout02-1353PATRICIA KAY EVERETT, PLAINTIFF vs. EARNEST EVERETT, J-IL, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBEItI.AND COUNTY, : PENNSYLVANIA : NO.~ -~/~ CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR 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 fights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 PATRICIA KAY EVERETT, PLAINTIFF VS. EARNEST EVERETT, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA NO. O;~ - k)~ CML TERM CIVIL ACTION- LAW ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the plaintiff, PATRICIA KAY EVERETT, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is PATRICIA KAY EVERETT, an adult individual, who currently resides at 2154 Valley Street, Enola, Cumberland County, Pennsylvania, 17025, and has resided in Cumberland County for over ten (10) years. 2. Defendant is EARNEST EVERETT, JR., an adult individual, who currently resides at 1810 Green Street, Apartment #1, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months mediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on November 13, 1992. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff*has chosen not to engage in, or to request any coun.qeling. 8. Defendant was a member of the United States Military Services two (2) years prior to the parties' marriage; however, Defendant does not have any military benefits which are issues in this divorce. Plaintiffhas never been a member of the United States Military Services. 9. Plaintiff and Defendant have no children from their marriage. COUNT I - REQUF.~T FOR NO-FAULT DIVORCE UNDER SECTION 3301(e) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may aiso file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce at, er ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, PATRICIA KAY EVERETT, respectfully requests the court to enter a Decree of Divorce pursamnt to Section 3301(c) of the Divorce Code. COUNT H - REOUEST FOR EOUITABI~E DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. thereto. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, PATRICIA KAY EVERETT, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Dated: March ~_~, 2002 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Cand~ Counsel for Plaintiff PA I.D. # 64998X,,~ 5021 Fast Trindle Rc td Suite 100 Mechanicsburg PA 17050 (717) 796-1930 ~squire VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: PATRICIA KAY EVERETT SHERIFF'S RETURN - OUT OF COUNTY · CAS~ NO: 2002-01353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVERETT PATRICIA KAY VS EVERETT EARNEST JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EVERETT EARNEST JR but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On April 19th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 04/19/2002 R< Thomas -Kli~ ~ Sheriff of Cumberland County SUSAN KAY CANDIELLO Sworn and subscribed to before me In The Court of Common Pleas of Cumberland County, Pennsylvania Patricia Kay Everett VS. Earnest Everett Jr. SERVE: sane No. 02 1353 civil Now, April~ 3 ,~ 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauph~ County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA $ow~ within Affidavit of Service , 20__, at o'clock M. served the upon by handing to a and made known to copy of the original So aI1swers, the contents thereof. Sworn and subscribed before me this __ day of ., 20 Sheriffof COSTS SERVICE MT[.EAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:April 12, 2002 COMPLAINT IN DIVORCE EVERETT EARNEST JR to HIM of the original : EVERETT PATRICIA KAY vs : EVERETT EAR~EST JR Sheriff's Return No. 0795-T - - -2002 OTHER COI/NTY NO. 02-1353 at 9:44PM served the within upon by personally handing i true attested copy(les) COMPLAINT IN DIVORCE and making known to him/her the contents thereof at 1810 GREEN ST APT 1 HBG, PA 17102-0000 Sworn and subscribed to before me this 15TH day/~ APRIL, 2002 PROTHONOTARY So Answers, Sheriff of Dauphin County, P~. Deputy Sheriff Sheriff's Costs: $25.50 PD 04/10/2002 RCPT NO 162756 LINCOLN PATRICIA KAY EVERETr, PlaintitlTRespondent EARNEST EVERETT, JR., Defendam/Petitioner : THE COURT OF COMMON PI.gAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No: 02-1353 : CIVIL ACTION- AT LAW : DIVORCE PETITION' li'~R Rii'J,ATED CI,AIMg PIIR,qlIANT TO PA.ILC.P. 19~.1~h~ AND NOW, comes the Defendant, Earnest Everett, pro se, and respectfully represents as follows in support of this Petitio~ 1. The Petitioner is the Defendant above-named. 2. The Respondent is the Plaintiff above-name& 3. The Petitioner and Respondent wc~e mamed on November 13, 1992. 4. The Respondent has filed a Complaint for Divorce to the above caption and number. COUNT I COIINT II- CI,AIM I~R I?,OI]ITARI,E DI,qTRIRIITION 5. P~hs one ( 1 ) through four (4)are incorporated herein by reference as though fully set fortK 6. While no settlement has been reached as of the date of the filing of this Complaint, Defe, dnqt is and has always been willing to negotiate a fair and reasonable settlement of all matters with Plaintiff to the extent that a written Settlement Agreement might be entered into between the parties iMor to the time of hea~ing on this Divorce Complaint, Defendant desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 7. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 8. Plaintiff and Defendnqt are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equi*_~ble distribution by this court. WHERF~FORE, Defendant requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the paxties hereto prior to the time of a hearing, Defendant respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may detera~ine equitable and just. COUNT Il Rlr~_IIi~.gT I~R AI.IMONY. AI.IMONV PEN-DEWIT. I.FIT. PURglTANT TO ~gF~TION 37fi20l~ ~ DIVORCE CODE 9. Paragraphs one (1) through eight (8)are incorporated herein by reference as though fully set forth. 10. The Petitioner is the dependent spouse and lacks sufficient property to provide for his reasonable means and is upahle to support himself completely through appropriate employment. 11. Petitioner requires reasonable support to adequately maintain himself in accord~qce with the standard of living established during the marriage. 12. Petitioner may be in need of hiring an attorney, an accountant, or other expert and does not have the funds necessary to pay said fees pending divorce litigation. WHEREFORE, Petitioner requests this Honorable Court to enter and award counsel fees, costs, and expenses as are deemed necessary and appropriate and to enter an award of reasonable alimony upon final hearing and permanently thereafter. RESPECTFULLY SUBMITTED: 1810 Green Street Harrisburg, PA 17102 (717) 580-1405 or (717) 238-4889 PATRICIA KAY EVERETT, EARNEST EVERETT, Jla, De fe~-gtam/Petitione, : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No: 024353 · CIVIL ACTION- AT LAW · DIVORCE VE~RII~I~ATION I, Earnest Everett, Jr., verify that the statements made in the foregoing Petition for Related Claims are true and correct to the best of my knowledge, infomiation, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa~C.S. Section 4904 relating to unswom falsification to authorities. Dated: Earnest Everett, Jr. PATRICIA KAY EVERETT, Plaintiff/Respondent · THE COURT OF COMMON pI~l~AS OF · CUMBERLAND COUNTY, PFMNSYLVANIA : No: 02-1353 .- : CIVIL ACTION - AT LAW : DIVORCE ~I~TB~'~ATF. OF I, Earnest Everett, Jr., hereby certifij that I am thi.~ day serving a copy oftbe foregoing document upon the person, and in the manner, indicated below, which service ~sfies the requirements of the PA Rules of Civil Procedure, by mailing a copy of the same to the following Susan Kay Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 BY: Earnest Everett, Jr. - Defendant/Petitioner 1810 Green Street Harrisburg, PA 17102 (717) 580-1405 or (717) 2384889 PATRICIA KAY EVERETT, Plaintiff/Respondent VS. EARNEST EVERETT, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-1353 CIVIL TERM IN DIVORCE DI~ 32126 Pacses~ 618104926 ORDER OF COURT AND NOW, this 18t~ day of October, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or co, nsel fees, it is hereby directed that the parties and their respective counsel appear before ~ on November 20t 2002 at 9:00A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax ReUm~ including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you 15: you fail to appear for the conference or bring the required doo~ments, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Indge Mail copies on 10-18-02 to: Petitioner Respondent Jeanne Costopoulos, Esquire Date of Order: October 18, 2002 ' r' :; , .~ J. Sb~dday, Conference Officer( YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU BO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 PATRICIA KAY EVERETT, PLAINTIFF VSo EARNEST EVERETT, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1353 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE TO THE PROTHONOTARY: Please file the attached Sheriff's Return (for service of the Complaint in Divorce) in the court file for the above captioned divorce matter. Respectfully submitted, Dated: November~5~-~, 2002 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. ~1i ulre i 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:April 12, 2002 COMPLAINT IN DIVORCE EVERETT EARNEST JR to HIM of the original COMPLAINT IN DIVORCE to him/her the contents thereof at 1810 GREEN ST APT 1 HBG, PA 17102-0000 : EVERETT PATRICIA KAY vs : EVERETT EARNEST JR Sheriff's Return No. 0795-T - -2002 OTHER COUNTY NO. 02-1353 at 9:44PM served the within upon by personally b~nding 1 true attested copy(ies) and makin9 known Sworn and subscribed to before me this 15TH day/~ APRIL, 2002 ! \ ! PROTHONOTARY So Answers Sheriff of Dauphin County, P~. By Deputy Sheriff Sheriff's Costs: $25.50 PD 04/10/2002 RCPT NO 162756 LINCOLN SHERIFF'S RETURN - OUT OF 'COUNTY CASE NO: 2002-01353 ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVERETT PATRICIA KAY VS EVERETT EARNEST JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EVERETT EARNEST JR but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On April 19th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 04/19/2002 So answemsc · J~ ~-~-~ ~ R~ ?homasKl±hb ~ Sheriff of Cumberland Couney SUSAN KAY CANDIELLO Sworn and subscribed to before me this day of A.D. Prothonotary ' In The Court of Cot Patricia Kay Everett · VS. Earnest Everett Jr. SERVE: same non Pleas of Cumberlan£ Uounty, Pennsylvania No. 02 1353 civil NOW, April'~ 3 ,: 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20__ Sheriff of COSTS SERVICE MI1.EAGE AFFIDAVIT County, PA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION EARNEST J. EVERETT Plaintiff vs. PATRICIA K. EVERETT Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-1353~CIVIL 618104926 ORDER AND NOW, to wit on this 26TH DAY OF NOVEMBER, 2002 IT IS HEREBY ORDERED that the O Complaint for Support or O Petition to Modify or (~) Other ALIMONY PENDENTE LITE filed on 09/27/0:2 in the above captioned matter is dismissed without prejudice due to: THE DEFENDANT HAVING THE BURDEN OF UNUSUAL MARITAL :FIXED OBLIGATIONS AND MAINTAINING MEDICAL INSD-RANCE COVERAGE FOR PLAINTIFF . DEFENDANT IS TO CONTINUE TO MAINTAIN MEDICAL INSURANCE COVERAGE FOR THE PLAINTIFF. 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shad~ay xc: plaintiff defendant Susan Candiello, Esquire BY THE COURT: Edgar B. £~yley JUDGE Service Type M Form 0E-506 Worker ID 21005 PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No: 02-1353 : CWIL ACTION - AT LAW : DIVORCE PRAE~IPE TI) ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Jeann6 B. Costopoulos, Esquire, as attorney of record for Defendant, Earnest Everett, Jr., in the above captioned matter. BY: Je~ann~ B. Costopoulos, Esquire 5000 Ritter Road, Suite 2(}2 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735; PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 02-1353 CIVIL ACTION - AT LAW DIVORCE CI~.RTIFICATE O1~ ~RVI[CE I, Jeann6 B. Costopoulos, Esquire, hereby certify that tiffs day I served a copy of the foregoing Praecipe 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: Susan Kay Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 DATED: BY: J~m6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechauicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 PATRICIA KAY EVERETT, PLAINTWF VS. EARNEST EVERETT, JR., DEFENDANT : IN ~ COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-1553 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 19, 2002. 2. The marriage between the Plaintiff and Defendant ~s irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distfibution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the fight to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maimains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C S. Section 4904, relating to unswom falsification to authorities. DATE PATRICIA KAY EVERETT PATRICIA KAY EVERETT, PLAINT11ZF EARNEST EVERETT, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1353 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330Hc) OF DIVORCE,CODE 1. I consem to the emry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PATRICIA KAY EVERETT PATRICIA KAY EVERETT, PLAINTIFF EARNEST EVERETT, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-1353 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in coart. 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 deeme of divorce or annulment m~ay be entered against you by the court. A judgment may also be ente~d against you for any other claim or relief requested in these papers by the plaintiff You may lose money or property or other fights important to you. When the ground for the divome is indignities or irretrievable breakdown of the marriage, you may request mzzriage counseling. A list of marriage counselors is available in the Office of the Prothonota~ at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 PATRICIA KAY EVERETT, PLAINTIFF VS. EARNEST EVERETT, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-1353 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AMENDED COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, PATRICIA KAY EVERETT, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following amended complaint in divorce. 1. Plaintiffis PATRICIA KAY EVERETT, an adult individual who currently resides at 2154 Valley Street, Enola, Cumberland County, Pennsylvania, 17025, and has resided in Cumberland County for over one (1) year. 2. Defendant is EARNEST EVERETT, JR,, an adult individual who currently resides at 1810 Green Street, Apt. 1, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least eight (8) months immediately previous to the filing of this Complaint. 4. The Plaintiffand Defendant were lawfully married on November 13, 1992. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Defendant was a member of the United States Military Services two (2) years prior to the parties' marriage; however, Defendant does not have any military benefits which are issues in this divorce. Plaintiffhas never been a member of the United States Military Services. 9. Plaintiff and Defendant have no children from their marriage. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF ~ DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WBEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, PATRICIA KAY EVERETT, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT H - REOUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. thereto. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of ail relevant factors. WHEREFORE, Plaimiff, PATRICIA KAY EVERETT, respectfully requests the Court to enter an order of equitable distribution of maritai property pursuant to Section 3502(a) of the Divorce Code. COUNT m - REQUEST FOR COUNSEL FEES., COSTS AND EXPENSES UNDER 3104.~ 3323~ 3502(e~ AND 3702 OF THE DIVORCE CODE 14. thereto. 15. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference Plaintiffhas employed Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C. to represent her in this divorce action. 16. Defendant has continued in a course of action to deliberately cause the Plaintiffto incur additional counsel fees, costs and expenses. 17. Plaintiff is unable to pay the necessary counsel fees, costs and expenses, as a direct result of the maritai debt she has had to assume and the Defendant's actions to delay and thwart any settlemem of the marital assets and liabilities. WglEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final heating, Plaintiff, PATRICIA KAY EVERETT, respectfully requests after final heating, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Dated: April C7~, 2004 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Counsel for ~laintiff J PA I.D. # 6499_~// 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. PATRICIA KAY EVERETT Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. ~ Civil Term : : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE .AND WAIVER OF COUNSELINC 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 19, 2002. 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are lxue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Earnest Everett, Jr. PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1353 CIVIL ACTION - LAW DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 c OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI do not claim them before a diw~ree 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 ~n 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 unswom falsification to authorities. Earnest ]Everett, Jr. PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-1353 : : CIVIL ACTION - LAW : DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT EARNEST EVERETT, JR. AND NOW COMES the Defendant, Earnest Evarctt (hereinafter referred to as Husband), by and through his attorney, Jeann6 B. Costopoulos, Esquire, and files the following Pre-Trial Statement in accordance with Pennsylvania Rule of Civil Procedure 1920.33(b): 1. Assets: See Inventory and Appraisement of Defendant Earnest Everett, Jr., filed simultaneously with this Pretrial Statement, which is incorporated herein by reference as though fully set forth. 2. Expert Witnesses. None anticipated. 3. Non-Expert Witnesses. Other than himself, Husband intends calling his sister, Priscilla Jackson, regarding payment of Husband's 1ifc insurance premiums, Husband's financial problems, and a conversation with Plaintiff (hereinafter referred to as Wife) regarding payment of a loan using monies from Husband's Thrift Savings Plan. 4. Husband's Exhibit List: Exhibit No. 1 2 3 4 5 Description Income & Expense Stalement of Earnest Everett, Jr. Inventory & Appraisement of Earnest Everett, Jr. Ohio National Financial Services documents 2154 Valley Street Property Record Card Defendant's Interrogatories to Plaintiff- First Set 6 Plaintiff's Answers to Defendant's Request for the Production of Documents - First Set Husband reserves the right to present Exhibits listed in Plaintiff' s Pretrial Statement if she fails to do so. Husband further reserves the right to sctpplement this provision to include other exhibits necessary to the hearing, all of which were previously exchanged by counsel. 5. Husband's Gross Income: See Income and Expense Statement of Defendant Earnest Everett, Jr., filed simultaneously with this Pretrial Statement, which is incorporated herein by reference as though fully set forth. 6. Husband's Expenses: See Income and Expense State:ment of Defendant Earnest Everett, Jr., filed simultaneously with this Pretrial Statement, which is incorporated herein by reference as though fully set forth. 7. Pension/Retirement: Husband was terminated from his position with the Navy Depot and thenceforth was no longer entitled to benefits under his CSRS Retirement Plan. Shortly after separation, Wife assisted Husband in cashing his Thrift Savings Plan, valued at approximately $20,000.00. The money was paid in the form ora check which Husband immediately signed and mined over to Wife:. Husband is unaware of how Wife utilized the funds. Wife has a CSRS Retirement Plan and a Thrift Savings Plan, both of which are still intact. It is believed Wife borrowed against her Thrift Savings Plan post-separation, which should not be subtracted from the value of the Plan for equitable distribution purposes. 8. Counsel Fees: Husband requested counsel fees in Count II of his Petition for Related Claims filed September 27, 2002. To date, Husband has incurred fees in the amount of $500.00 and he will owe an additional $1,500.00 in legal fees for representation through the Master's Hearing. Husband requests that Wife be responsible for 50% of his attorney's fees under the reasoning set forth in paragraph 12 below. Wife requested counsel fees, costs and expenses in her Amended Complaint in Divorce, filed April 6, 2004. Wife's request should be denied because Husband has not deliberately caused Wife to incur counsel fees, costs and expenses. Since Wife's initial Complaint in Divorce was filed on March 19, 2002, Husband was without sufficient funds to retain counsel and was reluctant to enter into a settlement agreement without first obtaining counsel. Once Husband retained counsel mad was prepared to accept Wife's proposal as set forth in her original Pretrial Statement, Wife rescinded her proposal and has since insisted on a hearing. Husband's dire financial situation has resulted in his not being on par with Wife throughout the divorce litigation. Husband was unable to afford appraisals of the real estate, he did not have the funds; to conduct an investigation of expenses allegedly incurred by Wife post-separation, and he did not have the funds needed to compel Wife to provide the information she failed to disclose in her responses to his discovery requests. In any event, Husband does not have the ability to pay Wife's counsel fees as his bills exceed his income and he is dependent on his sister for assistance to make ends meet. 9. ~al Property_. Husband proposes each party retain any furnishings or personalty currently in his or her possession. 10. Marital Debt. Husband is without sufficient information to verify post-separation debt claimed by Wife. Husband did not authorize Wife to incur post-separation expenses over and above that necessary to prevent dissipation of assets pending final distribution of the marital estate. Accordingly, Husband believes Wife should not get credit for any expenses or improvements which were either not authorized by Husband or else unnecessary to prevent dissipation of assets or to provide basic maintenance to the properties. 1 I. Pm osed Resolution of Economic Issue:;. Husband proposes that in full satisfaction of all claims, Wife should pay him $30,000.00 and transfer to him the 1994 Jeep Grand Cherokee. In exchange, Wife shall retain all remaining assets of the parties, including all three real properties and the furnishings and personalty the:rein, her CSRS retirement, her Thrift Savings Plan, her business interests, her bank accounts, and her stocks and bo~ds. 12. Alimon3~. Husband filed a claim for alimony on September 27, 2002. Prior to separating, the parties were married for 9 years. Before getting married, the parties lived together and commingled their funds since 1994. From 1994 until November of 2000, every payday Husband gave to Wife his entire paycheck, which was then commingled with Wife's paychecks and used for marital expenses and to obtain marital assets. Wife has historically earned more money than Husband. Furthermore, Wife is more educated and her future income prospects are much more promising than those of Husband. Accordingly, Husband is requesting alimony in the amotmt of $200.00 per month for a period of one year. BY: ~~los, Esqui'r~ e-~' 5000 Ritter Road, Suite 202 Mechanicsburg, PA. 17055 Pa.S.Ct. ID No. 68735 Telephone: (717) 790-9546 ATTORNEY FOR ]DEFENDANT PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1353 CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the fc,regoing Pretrial Statement to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania 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: Susan Kay Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Date: BY: eann~:z=:z~6 B ~ C°stopouios, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Pa.S.Ct. ID No. 68735 Telephone: (717) 790-9546 ATTORNEY FOR DEFENDANT -- © PATRICIA KAY EVERETT, Plaintiff Vo EARNEST EVERETT, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-1353 : : CIVIL ACTION - LAW : DIVORCE INVENTORY & APPRAISEMENT OF DEFENDANT EARNEST EVERETT, JR. Defendant files the following Inventory of all prope~y owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this Inventory are tree and correct to the best of his knowledge information and belief. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Earnest Everett, Jr. PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-1353 : : CIVIL ACTION - LAW : DIVORCE ASSETS OF THE PARTIES PAGE Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. (x) 2. (x) 3. ()4. (x) 5. ()6. ()7. ()8. Real properly Motor vehicles Stocks, bonds, securities, and options Certificates of deposit Checking accounts, cash Savings accounts, money markets, and savings certificates Contents of safe deposit boxes Trusts (X) 9. Life insurance policies ( ) 10. Annuities ( ) 11. Girls ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, and royalties ( ) 14. Personal property outside the home (X) 15. Business interests ( ) 16. Employment termination benefits ( ) 17. Profit sharing plans (X) 18. Pension plans ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims ( ) 22. Military/VA benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty ( ) 26. Other PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-1353 : : CIVIL ACTION - LAW : DIVORCE MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person(s) as o1~ the date this action was commenced: Item No. Description 1 2154 Valley Street, Enola, PA $159,340.00 2 222 Kelker Street, Harrisburg, PA Unknown 3 618 Peffer Street, Harrisburg, PA 26,500.00 4 Wife's Thrift Savings Plan 19,834.69 5 Husband's Thrift Savings Plan 20,000.00 6 Wife's CSRS Retirement Plan Unknown 7 1994 Jeep Grand Cherokee Unknown 8 Husband' Life Insurance Policy 593.36 9 Wife's stocks (Utilicorp, Home Depot) Unknown 10 Wife's business interests - PKE Crafts Unknown 11 Wife's bank accounts Unknown 12 Household furnishings & personalty Unknown NON-MARITAL PROPERTY Defendant lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Non-Marital portion of marital residence located at 21.54 Valley Street, Enola, PA. This property consisted of undeveloped land given to Wife by her mother. After the parties were married, the marital residence was built upon on the land. .PROPERTY TRANSFERRED Defendant lists all marital property in which a spouse l~tad a legal or equitable interest which was transferred within the preceding three years from the date of separation of the parties: 2_22 Kelker Street, Harrisburg, PA was originally in Husband's name. Without the knowledge of Husband, Wife permitted the property to be foreclosed upon even though Husband had provided her with funds necessary to pay offthe mortgage. Wife purchased the property at the foreclosure sale and it is Husband's understanding that the property is now in her name solely. _. usband s Thrift Savings Plan was cashed out and the proceeds provided to Wife shortly after separation. LIABILITIES OF THE PARTIES Defendant lists all marital debts incurred by either or both spouses which are currently owing or which have been paid since the date of separation of the parties: Wife handled the art' ' · p ~es finances, ~ncluding payment of bills. Therefore, Wife is in a better position than Husband to list the marital debt of the parties as of separation. Husband has insufficient personal knowledge as to the exact amount of debt owed by the parties as of separation and currently. PATRICIA KAY EVERETT, Plaintiff Vo EARNEST EVERETT, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1353 : : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Inventory and Appraisement to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania 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: Susan Kay Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Date: ~/0/ BY: ~eann~ B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Pa.S.Ct. ID No. 687135 Telephone: (717) 790-9546 ATTORNEY FOR DEFENDANT pATKICIA KAY EYEKETT, plaintiff EARNEST EVEI~ETT, JR., Defendant AppRAISEMENT iNvENTORY &OF DEFENDANT EARNEST EVERETT, ~ coMMON pLEAS . ,.-,~r: COUKF OF .... ~.~SYLYAN1A · IN tr~ ..... r,~l IllTh/', F~m~' : No. 02-1353 : . LAW cW1L ACTIO~ . DW oKCE owned or possessed by either party Defendant files the following Inventory of all property preceding three · . ~ commenced and all property transferred within the at the time this action w~ ' ' are true and correct to the years, statements made in this, Inventory Defendant verifies that the best of his knowledge information and belief. Defendant understands that false statements herein are made pa.C.S. §4904 relating to unswom falsification to authorities. Date: subject to the penalties of 18 Signed: Earnest Everett, Jr. PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1353 CIVIL ACTION - LAW DIVORCE ASSETS OF TIlE PARTIES PAGE Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities, and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money markets, and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies ( ) 10. Annuities ( ) ll. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, and royalties ( ) 14. Personal property outside the home (X) 15. Business interests ( ) 16. Employment termination benefits ( ) 17. Profit sh~ring plans (X) 18. Pension plans ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims ( ) 22. Military/VA benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty ( ) 26. Other PATRICIA KAY EVERETT, Plaimiff EARNEST EVERETT, JR., Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1353 : CIVIL ACTION - [,AW : DIVORCE MARITAL PROPERTY. Defendant lists all marital property in which either or both spouses have a legal or equitable imerest individually or with any other person(s) as of the date this action was commenced: _Item No. D_Description. $159,340.00 1 2154 Valley Street, Enola, PA 2 222 Kelker Street, Harrisburg, PA Unknown 3 618 Peffer Street, Harrisburg, PA 26,500.00 19,834.69 4 Wife's Thrift Savings Plan 20,000.00 5 Husband's Thrift Savings Plan Unknown 6 Wife's CSRS Retirement Plan Unknown 7 1994 Jeep Grand Cherokee 593.36 8 Husband' Life Insurance Policy 9 Wife's stocks (Utilicorp, Home Depot) Unknown 10 ' Wife's business interests-pKE Crafts Unknown Unknown 11 Wife's bank accounts 12 Household furnishings & personalty Unknown NON-MARITAL PROPERTY Defendant lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Non-Marital portion of marital residence located at 2154 Valley Street, Enola, PA. This property consisted of undeveloped land given to Wife by her mother. After the parties were married, the marital residence was built upon on the land. PROPERTY TRANSFERRED Defendant lists all marital property in which a spouse had a legal or equitable interest which was transferred within the preceding three years from the date of separation of the parties: 222 Kelker Street, Harrisburg, PA was originally in Husband's name. Without the knowledge of Husband, Wife permitted the property to be foreclosed upon even though Husband had provided her with funds necessary to pay off the mortgage. Wife purchased the property at the foreclosure sale and it is Husband's understanding that the property is now in her name solely. Husband's Thrift Savings Plan was cashed out and the proceeds provided to Wife shortly after separation. LIABILITIES OF THE PARTIES Defendant lists all marital debts incurred by either or both s.pouses which are currently owing or which have been paid since the date of separation of the parties: Wife handled the parties' finances, including payment of bills. Therefore, Wife is in a be~ter position than Husband to list the marital debt of the parties as of separation. Husband has insufficient personal knowledge as to the exact amotmt of debt owed by the parties as of separation and currently. PATPdCIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-1353 : : CIVIL ACTION - ]LAW : DIVORCE CERTIFICATE OF SERVICE. I hereby certify that I am this day serving a copy of the foregoing Invemory and Appraisement to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania 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: Susan Kay Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 BY: e~/6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Pa.S.Ct. ID No. 68735 Telephone: (717) 790-9546 ATTORNEY FOR DEFENDANT PATRICIA KAY EVERETT, Plaintiff Vo EARNEST EVERETT, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-1353 : : CIVIL ACTION - LAW : DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT EARNEST EVERETT, JR. INCOME Employer: Address: Job Location: Job Title: Gross Pay Per Pay Period: Wal-Mart Associates, Inc. 702 S.W. 8th Street, Bantonville, AR 72716-0135 Grayson Road, Hershey, PA Sales Associate $8.35 per hour plus occasional overtime 22 week average = $28][ .57 gross per week Itemized Payroll Deductions: Federal $ 23.86 FICA 19.30 State 8.00 Local 2.52 Total Average Weekly Deductions: $53.68 Net Average Monthly Pay: $987.52 Defendant's 5/30/2004 paystub (showing 22-weeks year-to-date) and 2003 tax remm are attached. AVERAGE MONTHLY EXPENSES Rem - $275.00 per month Car insurance - $249.00 per month Gasoline & car repairs - $350.00 per month Food - $125.00 per month Clothes - $125.00 per month TOTAL AVERAGE EXPENSES PER MONTH: $1,124.013, PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-1353 : : CIVIL ACTION - LAW : DIVORCE VERIFICATION I, Earnest Everett, Jr., hereby verify that the statements made in the foregoing Income & Expense Statement are tree and correct to the best of my knowledge, information, and belief. 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: Earnest Everett, Jr. ~/ ~ PATRICIA KAY EVERETT, Plaintiff EARNEST EVERETT, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-1353 CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the tbregoing Income & Expense Statement to the person and in the manner indicated below, whi[ch service satisfies the requiremems of the Pennsylvania 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: Susan Kay Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 BY: J~Dulos, Esquire · ~ 5000 Ritter Road,~ Suite 202 Mechanicsburg, PA 17055 Pa.S.Ct. ID No. 68735 Telephone: (717)790-9546 ATTORNEY FOR DEFENDANT Form Department of the Treasury - Internal Revenue Service 1040A U.S. Individual Income Tax Return (0s) 2003 ,.su. on,y. Donotwdteorstspleinthissp OMB No. 1545- 0085 Label Your social security number (See page 19.) EARNEST EVERETT 210-40-0392 Usethe 1624 BERRYHILL STREET Spouse'ssocJalsecuritynumber IRSlabel. HARRISBURG, PA 17104 Important! · pleaseOtherwise pr nt · You must ente[your or type. SSN(s) above. You Spouse Presidential ~k Note. Checking "Yes" will not change your tax or reduce your refund, r--~ ['~ ~ ~ Election Campaign (See pa,qe 20.) ~F Do you or your spouse iff[ lt~i~i ~{? returr~ ~[~,~3to ~i~i)~i~,q~r3~:::: · ;i[:: i:::: · . · · IXl Yes [ } No I .J Yes l · No ~=~ Single :i::ii!:iiii .... ?.::i: :~:i!ii!ii~! ........ :*iiii!i~ :!i:iii:!* 4 ':~ ~d (~i~sehold (with qualifying person). (See page 20.) Filing I ~ Married filing joinUy (e~;~ ffonly one ~l~ income~ !:i: ,f t ~::~::~i~:~litying person is a ch lid but no~ your dependent, enter this Status 2 ~Ma ed ng sop= a e y ~ ~ spou~:S~ove ~;~ ~::n~::~elow chil~i~ii~ame h ere · ~ Check only 3 ii!::i 5 ~ Q~/in,Q widow(er) with depend ent child (See pa,qe 21.) one box. · t checked on Exemptions 6a ~ Yourself. ifyourparent(orsomeoneetse)canciaimyouasa ~o ~lboxe~ dependent on his or her tax return, do not check box 6a. 6a and 6b 1 NO of children you D ~ ~pouse (4)v~,I qual (3) Dependent's child for eiived wdh c Dependents; (2) Dependent's relationship to child tax cr (1) First name Last name social security number you see pg 23) edid ne~ live wi[h you due separation entered above Add numbers d Total number of exemptions claimed, above Income 7 9 r 219. 7 Wa,q es, salarie% tips, etc. Attach Form(s) W-2 here. Also attach Form(s) 1099- Riftax was withheld. Adjusted gross income 8a Taxable interest .:~1~1~ ~h ed u!~:t~:~q uired. b Tax. exempt int(~st. D~:~ i~ e o n:ii~i~ 8a. b Ouamifieddivid~s~e~J ~::::::~? ~?': :::::::::::: :::::::::: :: ::~:: 10a Capitm ~ain d ~{~:~see ~::?p:' ::? ~[:::~:::~: b Pos- May 5 capital ~ain distdbutions(~e pa~e 25). 10b 11a IRA l~b Taxableamount distribut~o ns. 11a (see page 25}. 12a Pensionsand 12b Taxableamount annuities 12a (see ps, ge 13 Unem p oyment compensation anG ~)~sl~rm~r~nt ~d divide~i ~iii!ii~ I::ii::ii :iiii:? 14b:~'bi;~nount 14a Social security :ii!i? benefits. 14a 1~ Add lines 7 through 14b 16 Ed ucator expenses {see pa~e 28}. 16 17 iRA deduction {see pa~e 28), 17 18 Student loan interest deduction (~e pa~e 31), 1~ Tuf[ion ~nd fees deduction (~e page 31)~ 2~ Add lines ~ 6 thio u~h 19. ~ese are ~our total adjustments, 21 Subtract line 20 from line 15. This is your adiusted .qr°ss inc°me' KBA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page $7. 8a 9a 10a 11b 12b 13 14b · 15 20 9r219. ! 9~219. Form 1040A (2003) 1040A (2003 FD1040A- 1V 1.18 Folm Sol ware Copyright 1996 - 2004 H&R Block Tax Services Inc Form t 040A (2003/ Tax, credits, and payments Standard L b Deduction for -- 24 · People who 25 checked any 26 box online 27 23a or 23b or who can be claimed asa 28 dependent. 29 see page 32. · AIl others: 30 $9.5oo 33 $7000 35 36 37 38 39 4O I [fyouhave a quali~ing 41 ~child,attach ;42 Schedule EIC 43 Refund Direct deposit? SeepageS0 and flllin 45b.45c. and 45d. EARNEST EVERETT 22 Entertheamountfromline21 (adiustedgrossincome/, 23a Check {~ You were born before January 2. 1939. ~ Blind ~Tota, boxes it: Spouse was born before January 2, 1939, Blind Jchecl~(ed · If you are married filing separately and your spouse itemizes dod uctions, see page 32 and check here Enter your standard deduction (see left margin). Subtract line 24 from line 22. If line 24 is more than line 22, enter - 0-. Multiply $3,050 by the total number of exemptions claimed on line 6d. · 23b 210-40-0392 Pa~e2 22 9,219. 25 Subtract fine 26 fro m fine 25. If line 26 is more than fine 25, enter- 0-. This is ye u r taxable income, s?::: i:::: :.~ .... Tax nc ud ng any alter~:~'mir~i~: ~ee ~e 3~i?,?. ~:,ii!::::i: :;ii::::;: Credit for child and del~lent care e)~:nses, iii: i i !::;:i!~i::: A~ach Schedule 2. ?:~:. ::~: :[~¢? 29 ::?: Cred it fo r th e eld eriy o r t ~:~;:~:~. At~ ~?::.::~ :~::: ::?:::: :~ :~:::i~ Schedule3. 30 26 Education credits. Attach Form 8863. 31 Retirement savings contributions credit. Attach Form 8880 32 Child tax credit (see page 37). 33 Adoption credit Attach Form 8839 34 4r750. 4,469. 6~100. · 27 O, 28 O. Add lines29 through 34. These ~y~u r to[~iticredit~i :: ;' Sub ract ne 35 from fine ;~ i~i'iine'~i~ m~ii~an [i~ 28;~ier- 0-.:~ ~: Advance earned incom~dit pay~t~or~s)~. Add lines 36 and 37. ~i~our tg~a~::~ :~ :.:.~ Federalincometaxwithh~ia~¢~rm{W-2 ~:~: ::::::::::::::::::::::::::::: and 1099. 39 9~3. 2003 estimated tax payments and amount applied from 2002 return 40 Earned income credit (EIC). 41 2 ¢ 5A ? . Ad ditional child tax credit. AEach Form 8812. 42 Add lines 39 through 42. These are ye ur total payments. 44 f ne43 smore~ i~38 sgj~:~:HjR¢38 fromlin~, .::::?i' 45a Amountoftin~::~you~{~ndedt~u. ;:?::: :~::~::~: ::~:?:?' :;??,?:~?: :~!~?.~ ~::~ ~;: number I0~[~:~:0 5 ::::::::::::::::::::::::::: ~ ~::~ Typ~::~ d:~[[::~ ~ings number ~08779802~0400392 35 46 Amount of line 44you want applied to your 2004 estimated tax. 46 36 0. 37 · 38 0. ~ ~ 3,460. ~ 3~460. · ~a 3,460. 47 Amount you owe. Subtract fine 43 from line 38. For details on how Amount · 47 to pay, see pa,ge 51 you owe 48 Estimated axpenalty(seepa,qe~¢¢ ~i? Third party Do you want to allow another person ~i~.~ihi~iurn~h the [R~i(~;'~ii~ 52)? ~J Yes. Completepersonalthe following.iD numberLJ No Designee's name :i~ :: ~r~e n°' designee ~. PREPARER :.~ · (PIN)· I Under e~altie$ of el UI dec a e h~:i::have' exam n~ ;~ $ ~i~ ~'::'~i~i~'i~ ~j;~edu{e$. .:., a.d statements, and to the bes~ of my Sign knowleP~ ge and b elope f ,Jth Ye¥ are tcue, c6?t ¢ct. and accufafel¥ hs~ all ar~oilt~ a'n~ ~Btc~S ~,r income I received during the tax year D ecl~ratlen of preparer Iother th an the taxpayer)is based on allinformation of which the preparer ha!;sny knowledge here Your signature ~ Date Your occupation Daytime phone number Seepage20. For Info Only-Do not fil~ SALES Keep a copy Spouse's signature. If a joint return, both must sign.I Date Spouse's occupation foryour records. For Info Only-Do not fil~ Preparar's ~,~)/~,.. ~ ~ ~ Date Checkif t Preparer'sSSNorPTIN Paid signature ~L_c-/C'~r-~¢~--"/'-- '- - ~ ~ I 2/20/20041self'empl°ye,d~ I preparer's Firm'sname¢~ . . [['-[ AND R ~LO~,/K EIN 43-1632899 use only yours if self- employed), · addres%andZlPcode F~ARRISBURG! PA 17111-0000 Phoneno.{717) 564-697b Form 1040A (2003) 1040A (2003) FD1040A- 2V 1.18 Form Softwsre Copyright 1998- 2004 H&R B~ock Tax Services, lnc SCHEDULE EIC {Form 1040A or 1040) I Name(s) shown on return EARNEST EVERETT Earned Income Credit Qualifying Child information Complete and attach to Form 1040A or 1040 only if you have a qualifying child OMB No. 1545- 0074 ®03 Attachment Sequence No.43 Your social security number 210-40-0392 Before you begin: SeetheinstructionsforForm1040A, line41,orForm1040,1ine63, tomakesurethat (a) you can take the EIC and {b) you have a qualifying child. Qualifying Child Information 1 Child's name If you have more than two qualifying children, you only have to list two to get the maximum credit. · if you take the EiC even though you are not eligible, you may not be allowed to take the credit f°r uP to 10 years See page 2 of schedule for details, tw takeus ongertoprocessyoul:~.~'~and s,?~@~O~'[efund ~r~linallJj~eSthatapply :foreachquali~ngchild. ::~ ??':::::~?.~::~ ::~::~¢:::~:::::~?~ ?~:~ ........... ~/~:::':??~: :~?~?~:' Be sure the ch d's name on ne ~:nd soci:~l'~%ify nu~ (~)p~::i~ 2 E~i[h the child"s ~cial~curifycard O he~i.~[~[h~ timewe~o~yo:~;~:~red~'r disallow your E C. if the name o r SSN on the ~ s so&~l:~ ty c~ ~:n~{~rract callthe~:ial Secur,y Adm n stration a 1-800-772- 1~i~[~??:? :[::~i. ::.? /:: i~: Child 1 The child must have an SSN asdeflned on pa~:~ of he Form 104OA instructions or page 47 o f t~i~i Forml04Onstructionsunessthechildwas~and :i:::' ::i::::!: :~:::: d ed n 2003 fyour ch Id was born a~d died i~3. :::!i ::::::!: : and did not have an SSN. enter"Died' on this li~:~ and attach a copy of the child's birth certificate. b Child's year of birth 3 If the child was born before 1985-- a Wasthe child under ag of 2003 and a student? b Wasthe child permanentl) disabled during any part of 2003? Child's relationship to you (for example, son, daughter, grandchild, niece, hep hew, foster child, etc.) First name Last name %LYSEA :OLEMAN Number of months child lived with you in the United States during 2003 · If the child lived with you for more than half of 2003 but less than 7 months, enter"7" i!ii:i: · If the child was born or died in 2003 and your home wasthe child's home for the entire time he or she was alive during 2003, enter "12". 159-78-9010 Year 1997 If born after 1984, skip lines 3a and 3b; go to line 4. Continue Child 2 First name Last name If born after 1984, skip lines 3a and 3b; go to line 4. [] Yes. [] No. Gotoline 4. Continue ;i!iii===i [] Yes. [] No. The child is not a Continue The child is not a qualifying child, qualifying child. RANDCHILD Do not enter more than 12 months. months Do not enter more than 12 months Y°U may als° be able t° take the additi°nal child tax credit if y°ur child (a) was under age 17 at the end °f 2003' (b) is claimed asyour dependent on line 6c of Form 1040Aor Form 1040, and {c) is a U~S citizen or resident alien. For more details, see the instructions for line 42 of Form 1040A or line 65 of Fo rm 10~o. KBA For Paperwork Reduction Act Notice, see Form 1040A or 1040 instructions. Schedule EIC (Form 1040Aor 1040) 2003 FDEIC- 1V 1.31 1040- Sch E C 2003 ~rv, ~ ForrnSofwareCopyight1996 2004H&ReockTaxS ces n 0300117025 PA-40- 2003 Pennsylvania Income Tax Return ENTER ONE LETTER OR NUMBER IN EACH EOX. Do Not Use Your Preprinted Label 210400392 EVERETT EARNEST 1624 BERRYHILL STREET HARRISBURG 717 232 6277 N Extension. i:.ii?!I ........ iii?= i ::::: i¥::: ::~::i i:~! :;: ~,m e n d e d Return. Occupation from 01/03 to 12/03 S Single/Married, Filing Jointly/Married, Filing Separately/Final Return/Deceased Date of Death ~ ! ~ Farmers. la Gross Compensation. Do not include exempt income, such as combatzone pay and qualifying retirement benefits. See the instructions. la 9219 lb Unreimb ursed Employee Bus, ness Expenses. Interest Income Complete and ~'m;t I~i~ule A i,i~ r $2,500 2 3 Divid end In co me Co m plet e a n~i~ii:'i~ Sc~i~]~::i:~:° v e r $2 ,5o~iil 4 Net Income or Loss from the Operation ora Business, LOSS Profession, or Farm. 5 Net Gain or Loss from the Sale. Exchange. or Disposition of Property. LOSS N 6 Net Income or Loss from Rents. Royalties. Patents. or Copyrights. LOSS N 7 Es ate or Trust Income Complete and sub mit PA S¢~h~ 8 Gambling and Lottery Winnings. 9 Tota PA Taxable Income. Add only the positive 2, 3, 4, 5, 6, 7, and 8. DO NOT ADD any losses re~ii~d on Lin e~, d~: ~: ~.~:~ 10 Medical Savings Account. CAUTION. Do not deduct medical expends or insurance. See the instructions. 11 Adjured pA Taxable Income, Subtract Line 10 from Line 9, 0 9219 0 0 0 5 0 6 0 7 0 8 0 9 9219 10 0 11 9219 EC Page I of 2 FC 0300117025 0300117025 0300217023 PA-40-2003 SocialSecudty Number 210400392 Name(s) EARNEST EVERETT 12 PA Tax Liability. Multiply Line 11 by the tax rate shown on the Form PA- V insert. 13 Total PA Tax V~thhe~d. See the instructions. 15 2003EsmaedlnstallmentPayments. :i]:::.i: :::::: :?ii?i:::iii::!il~:[~: ::' ~i::!~:::[ :! 16 2003 Ex ens on Payment :ii:::::: .... : :: ::::: :: :::::::: ::: :: ::::::::: ::~i[ ~: :![: 17 Nonresident Tax Withheld from your PA Sc~i: NR~:~i::!i~ side-is ° nly) : :i::~i 18 Total Estimated Payments and Credits. Add Lines 14, 15, 16, and 17. TAX BACK/Tax Forgiveness Credit. 19a Filing Status: 01Unmarried or Separated 02 Married 03 Deceased 19b Dependents, Part B, Line 2, PA Schedule SP 20 Total Eligibility Income from part C, Line 11, PA Schedule SP. 21 TAX ~,ACKITax Forgiveness Credit from Part~i~l~i~:i~l:6, PAi~edul~:~P. 22 Resden Credit. SubmityourPASchedul~}:Gand~J~i~l~}i~- i:?~ } 23 TotalOtherCredits. SubmityourPASched~i:!? :[:: :![ii::~ :::?:::?:::::::::::::::: 24 TOTAL PAYMENTS and CREDITS. Add Lines 13 and 18, 21,22, and 23. 25 TAX DUE. I~ Line 12 is more than Line 24, enter the difference here. 26 Penaltiesand interest. Seetheinstructions. 27 TOTAL PAYMENT, Add Lines 25 and 26. ~8 29 3O 12 258 13 258 ::~: 14 0 15 0 16 0 17 0 18 0 19~ 01 19b 01 20 9219 21 258 22 0 23 0 24 516 25 0 26 0 27 0 258 31 32 33 Refund-Amounto Lne28yoc~nt'a~l:.~'~!m 'ed~i~~ . :::iiii::::i? i~,fund :~iilJ~ ~:.~i Credit- AmountofLine28you~i~::~"edii'~i~i~4estimat~i~ccod~iii' ::::::::::::::::::::::::: ]!1] Amount of Line 28 you want to donate to the Wild Resource Conservation Fund. · 3 1 Amd unt of Line 28 you want to donate to the United States Olympic Committee. Amount of Line 28 you want to donate to the Governor Robert P, Casey Memorial Organ and Tissue Donstien Awareness Trust Fund. 34 Amount of Line 28 you want to donate to the Korea/Vietnam Memorial I nc, 35 Amoun ofLne2ByouwanttodonatetotheBreast~:~el'~Jca ~ence~i:i:: Research Fund. ! :ii! !i :i!i ................::::: 258 0 0 32 0 33 0 34 0 35 0 Your Signature Date Preparer or Company Name, other than taxpayer(s) based on all information of which the preparer has any knowledge. (Please Print) [Date ~ Preparer telephone number H AND R BLOCK 112/20/04 I (717) 564-6975 Page 2 of 2 L 0300217023 0300217023 J WAGE STATEMENT SUMMARY pA- 4o W- 2s (09- o3) 2003 0301910014 Name shown first on the PA- 40 (if filing jointly) OFFICIAL USE ONLY Social Secudty Number (ahown first) 210-40-0392 EARNEST EVERETT See the instructions to determine if you may use this schedule for your Form(s) W- 2. Do not sub mit you r Form (s) W- 2 if using this schedule. Enter th e required information from each Form W- 2 Keep your original forms. Important: Your PA and fed eral compensation may be different, CAUTION: Do not use this schedule if: (1) your Form(s) W- 2 shows that you earned income in another state; or (2) you believe an amount on your Form(s) W- 2 is incorrect; or (3) your employer withheld PA income tax at more than the 2003 tax rate. If any of these circumstances apply, you must sub mit legible photocopies of your actual Form(s) W- 2 If you have compensation from forms other than Form(s) W- 2, complete PA Schedule MC Miscellaneous Compensation below. ~lumber of Form(s) W- 2 2 If you need more space, you may photocopy this schedule or prepare your own schedule in this format. first (~:~ e PA-40 or the spouse (S). f Marr ed F linR Jo nt y Indicate whether the ~orm TS E N fmmboxb ?::? Fed era ~;s fro m ~ 1:?~::::~::~:: ~::~;~mp~n from box 16 pA tax withheld from box 17 T 23-2940374 ~: ~:: ~3 ~:~b ~ ~ 753)0 2~0C T 7 1 - 0 7 9 4 4 0 9 .... ~ ~::~?~"6 ~ ~ 0 ~:'~?~: 8,4 6 6 3 0 2 3; ~0 C Totas Addtheamouns ncolumn c andinci~onL[~? la of your PA. 40. Add the amountsin column (d~:~? :? ~:::~::~ :::~:~:::: :~ .:: i~::::~ includeonLine13ofyourPA-40. $ 9~219D0 ~ 25E )C Caution: The Depa~ment reserves the right to request your actual W- 2 and 1099 forms. PA-40 MC (09- 03) MISCELLANEOUS COMPENSATION 2003 Name shown first on the PA- 40 (even it filing jointly) I Social Security Number (shown first) See the instructions. Enter the re~ ,rm o r stater ~ PA taxable compensation may be different, Enter only your PA amounts. £ orm with an explanation, i-40 or spouse (S). TIS pa yer El N or ssN;i~i~r N~!iii::Ji::J::~i f romi !:;; ~T a x al~ ~ii:::.i :: ::! i ! :! PATax FederaITaxable ~ I.i~t~ Compensation Withheld Income CODES: A. Executorfee B, Jury duty pay C. Directorfee D. txpel E. Honorarium F. Covenant notto compete G. Damages or settlement tot Iostwages, other than personal injury H. Other nonemployee compensatio n. Describe: I. Early distribution from retirement or pension plan g 0301910014 0301910014 PA SCHEDULE SP 0301120010 Special TAX BACK/Tax Forgiveness pA- 40 Schedule SP {09- 03) 2003 Name ottaxpayer claiming TAX BACK/Tax Forgiveness (if filing a PA- 40 jointly, enter the name shown first) EARNEST EVERETT OFFICIAL USE ONLY Social Security Number 210-40-0392 Spouse s Social Security Number Spouse's Name (even if filing separately) Part A. FilingStatusforTAXBACKFfaxForgiveness. ] Unmarried. Fi[lin the Unmarried box on Line 19a ofyour PA- 40, and the box that describes your situati°n. Single. Unmarried on December 31,2003. Check this box if divorced. S ng e and c a reed as a dependent on ~ ~ e son ~ e P~ ~:Ente~:~::other person's name(s) and SSN(s) ~ Separated F ntheUnmarredboxonL~gaofyour~L40,°nl¢~:~¢~kA~[[~ar~rsuantt°awfi~enagfeementandlivedapaAf°rthe last six months of 2003, o r (bi ¢~ were ~Ar~ but ~t~f:~ ii~, ed apa~ the lest six months of 2003. ~ Married. Fill in the Married box on Line 19a ~:~'~. 40,'~od~ouse s SS N a~'na me above. Check the box that d e~ribes y°ur situati°n. Marded and claiming T~ BAC ~Tax Forgiveness together with mY spouse. Married and filing separate PA tax returns· ~ Ce~ification. Check this box ce~i~ing that you and your spou~ are subm~ting the same information on each PA Schedule SP, ~ Married with a spouse who is a depend ent on another per~n's PA Schedule SP or Fed e ral Income Tax return. Enter the SSN(s) and name(s) of the person claiming your spouse· SSN: SSN: Name(s): ~ Separated and living apa~ from my spou~;~r less~n the ~t si~bnths~[~03. E~{e~ spout's SSN and name ab°ye. ~ Deceased. Fi~intheDeceasedb~x~nLne:~:.~fy~.~A~:~u~ta~a~zeth~sinc~me~ seethein~ructions. Fiflinthe Decedenfls box in Pa~ C, Briefly explain the[~thod yo~e~:~l~e t B~ ~laimant'~i'e here: Pa~ B. Jent Children, Provide ali of the ~:~ fo~ch d~hd eh~b m~;~d ditio nal sheets ~n this format ~f needed. 1. Dependent's Name Age Relationship Social Security No. ALYSEA COLEMAN 5 GRANDCE ILD L59-75-9010 Important: Only claim the child or child ten that you claimed asyour dependent(s) on your 2003 Federal Income Tax Return. 2. Number of dependent children for pA Schedule SP. Enter on Line 2. ~ 19b of your PA-40 ....... Part C. Eligibility Income. If Unmarried or Separat,ed, or for a Decedent, use the Your Income column Checkto show that you are reporting f~d~ent s ~l~leli~ed income.: :: ~ If Married use the Your Income and S~:l'~e:~i~:~!i~d the total~ us, ,crt income thai is not taxable for PA purposes on Lines 2 thro ugh 10. See th~ i~structi~i:: ? · PATaxablelncomefromyourPA-:~: ~i::::i::.:iii~ ..... iii?i: 1 2, Nontaxableinterest, dividendsan~i~~i~i::!!::i. .;!::iiiii:::i:'~::: i?i, 2. 000 000 000 00C £0¢ The Eligibility Income Tables are on page 30. 3~ Alimony ................................ 3. 4. Insurance proceeds and inheritances 4. 5 Gifts, awards, and prizes 5. 6. Nonresidentincome- Par[-yea[residentsand nonresidents 6. 7~ Nontaxable militaryincome Do not include combat pay .... 8. Gain excluded from'ibc sale cfa residence ............ 8. 9 Nontaxable educational asaistance .......... i:;:i::i~:i;:? iii .:~:i9. 10 Cash rece ved for personal purposasfrom outside y~home 10 11 TotalEligibilitylncome. AddLineslthroughl0. ¢i:i;i~:::il' Totai J Total Enter on Line 20 of your PA- 40 ............. ....... li?i!:!11 Part D, Calculating Your TAX BACKJTax Forgiveness. 12. 12. PATax Liability, from your PA -40, Line 12 ................................................... 14. 13 Less Resident Credit, from your PA - 40, Line 22 ............................................... 13. 14, Net PA Tax Liability, Subtract Line 13 from Line 12 ......................................... 15 Percentage of TAX BACK/Tax Forgiveness from the Eligibility Income Table using your dependents from Part B and your 1.00 Eligibility Income from Line 11 16. TAXBACK/TaxForgivenessCreditMultiplyLine14bythedecimalonLine15 EnteronLine;!l°fy°urPA'40 .. 16. Unmarried or Separated- Decedent- Married- Joint Income I Enter the decimal. 25algol L 0301120010 0301120010 J RETURN BY APRIL 15, 2004 TO: CAPITAL TAX COLLECTION BUREAU See Page 3 of Instruction Sheets in this packet for mailing address labels ~ see back of Taxpayer's Copy of return for addresses, phone numbers, and office hours. 3 CONSTITUTE PROOF OF FILING, THE TAXPAYER'S COPY MUST E VALIDATED BY THE BUREAU* TO HAVE YOUR COPY VALIDATED Y MAIL, RETURN BOTH THE TAX BUREAU'S ANe TAXPAYER'S COPIES LONG WiTH A SELF ADDRESSED STAMPED ENVELOPE, ©03 LOCAL EARNED INCOME TAX RETURN (FORM 531) www.captax.com TAX OFFICE USE ONLY ' DO NOT WRITE ~N THIS AREA. SOC. SEC. NO. ¢ W-2 EARNINGS (From attached W-2's) -'_MPLOYEE BUSINESS EXPENSES (Attached Federal Form 2106 & State Schedule UE) TAXABLE W-2 EARNINGS LESS EBEs (Subtract Line 2 from Line 1) OTHER TAXABLE EARNED INCOME (NO INTEREST OR DIVIDENDS) LISTTYPE: TOTAL TAXABLE EARNED INCOME (Add Lines 3 and 4) ENTER ONLY 10% OF NET LOSS(ES) FROM BUSINESS. PROFESSION. OR FARM (See instructions for more information)~ Repo~t remainder of Net Loss{esl on Line 9 below ReDed Net Profit(s/on Li,e 8 below. (Attach Federal and State Schedules C. F and/or K-1 (1065~1 SUBTOTAL (Subtract Line 6 from Line 5) IF LESS THAN ZERO, ENTER ZERO Attach Federal and State ScheduJes C, F NET PROFIT(S) FROM BUSINESS, PROFESSION, OR FARM and/er K- ENTER ONLY 90% OF NET LOSS(ES) from Business, Profession or Farm ¢065)) Subtract Line 9 from Line 8 (IF LESS THAN ZERO, ENTER ZERO) REQUIRED FOR INFORMATION PURPOSES ONLY: Enter Ne1 on your PA-40 return TOTAL TAXABLE EARNED INCOME AND NET PROFITS (Add Line 7 and 10) !NTER TAX RATE FROM THE "TAX RATE TABLE" FOUND ON THE LAST PAGE OF THIS FORM PACKET TAX LIABILITY: Multiply Line 12 by Line 13 TOTAL LOCAL INCOME TAXES WITHHELD EXCEPT PHILADELPHIA INCOME TAX (From attached W-2's, Box 1 QUARTERLY PAYMENTS AND/OR LAST YEAR'S OVERPAYMENT CREDITED TO THIS "('EAR CREDITS FOR TAXES PAID TO PHILADELPHIA AND/OR STATES OTHER THAN PA (A3q'ACH SCH. G) AND/OR CREDITS FOR CERTIFIED RESIDENTS OF THE HARRISBURG KEYSTONE OPPORTUNITY ZONE (KOZ) TOTAL WITHHOLDINGS & PAYMENTS (Add Line 15, 16 and 17) TAX BALANCE DUE (Subtract Line 18 from Line 14) PAYMENT NOT NECESSARY IF LESS THAN $1.00 INTEREST & PENALTY (See Instructions) TOTAL BALANCE DUE (Add Lines 19 and 20) Make check payable to "CTCB" ~VERPAYMENT (Subtract Line 14 from Line-18) IF LESS THAN ZERO, ENTER ZERO (~) ~VERPAYMENT TO BE REFUNDED ENTER "TAXPAYER" CHECK ONE "SPOUSE" OR "BOTH" CHECKING SAVINGS ROUTING NO. ACCOUNT !!!:A:~JMENT TO BE CR!DITE:TO NE:YE!R'!TA! : NUMBER (IF KNOWN) (LAS~, Fi RST, Mi EGINNING OF THE TAX FLUNG ; oN BA~ OF SuREAU,s. COPY HOME EAR TO PRESENT? E~NO OF RETURN ADDRESS Final Return For Earned Income Tax TAXING AUTHORITY OF RESIDENCE: C T CB CITY, TWP, OR BOROC'{ARR I S BURG CITY SC HOOL DISTRICT:HARR I S BURG CITY ACCOUNTNO (IfAny): TAXPAYER TAXPAYER:EVERETT EARNEST SPOUSE SPOUSE: ADDRESS: 1624 BERRYHILL STREET HARRISBURG PA 17104 1. EARNINGS FROM WAGES, SALARIES, TiPS AND BONUSES .................... $ _ 2, LESS ALLOWABLE EMPLOYEE BUSINESS EXPENSES ....................... $ ( 3. NET LOSS FROM SELF- EMPLOYEMENT(Sch. C, E, F, or K- 1) ........... $ ( 4. SUB TOTAL (Line 1 less lines 2 and 3) glessthan zero, enter zero ............. 5. OTHER TAXABLE INCOME IDENTIFY SOURCE ( )$ 6. NET PROFIT FROM SELF- EMPLOYMENT (Sch. C, E, F, or K- 1) ................... $ 7. TOTAL EARNED INCOME SUBJECT TO THIS TAX (Add lines 4, 5, and 6) ........... 8. TAX (Line 7 multiplied by % rate above) ...................................... $ 9. TOTAL LOCAL WAGE TAXWITHHELD BY EMPLOYER/S (Per W- 2/S) ............ $ TAXYEAR: ~2 0 0 3 NO. MONTHS RESIDED HERE: 52 LOCAL TAX RATE: 1 . 0 0 00 ss#: 210-40-0392 SS#: TELENOS._(717) 232-62?? (DAYTIME) (EVENING/ WEEKEND) SPOUSE TAXPAYER 9~219.00 $ )$( )$( 9¢219.00 $ $ 9,219.00 $ 92.00 $ 100.00 $ 10. QUARTERLY PAYMENTS TAXPAYER SPOUSE 1st Quarter .......... 2nd Quarter 3rd Quarter ....... 4th Quarter $ 11. TOTAL CREDITS (Add 9 and 10) ....................................... $ 12, IFLINESISGREATERTHANLINE11 ENTERTAXDUE ..................... $ 13. IFLINE11 tSGREATERTHANLINESENTERREFUND .................. $ LEGAL RESIDENCE FO R THIS TAX YEAR (IF CHANGED WITHIN TH E yEAR) 100 . 00 $ 8.00 $ No, months TAXPAYER SPOUSE I declare that this return, including accompanying schedules and statements, has been exami~ ed by me and is to the best of my knowledge and beliefa true, correct and complete return. Taxpayer Signature Date Spouse Signature Make Checks Payable to: EARNEST EVERETT Prepared by: H AND R BLOCK ZipCode 17111-0000 Date 02/20/2004 Date Mailte: EARNEST EVERETT 1624 BERRYHILL STREET HARRISE~URG PA 17104 Local 2003 PALOCAL- 1V 1.3 Form Software Copy ~ght 1996 2004H&eBlockTaxSelv~ces Inc 702 S.W. 8T~ ST BENTONVILLE, AR 72716-0135 2 FGderal income tax wlthheJd -?-~--I ...... !~!-s§-°!° .... 8465.72 ~ %Ri ~ Wage and Tax J ~? sa,, Incom,,tax ~s L,=~J wages, tips, ,to, ~ VV'~ Statement , J 236.96 8465.72 Copy C For EMPLOYEE S .................................... Empl~eeonba~ofCo~B.) 84.65 [ C DA[JPHINE ~ a Control number b Employer identification number 23-2940374 c Employer's name, address, and ZIP code CARLIN MESSENGER SERVICE, 3955 WALNUT STREET HARRISBURG, PA 17109 d Employee's sociat secubty number 210-40-0392 e Employee's name, address, and ZiP code EARNEST EVERETT 1624 BERRYHILL STREET HARRISBURG, PA 17104 OMB No. 1545-000g LLC Copy C For EMPLOYEE'S RECORDS. See Notice to Employee on back of Copy B). I Wages, tips, other compensation 753.3~ 3 Social security wages 753.3~ 2 Federal income t~ withheld 37.00. 4 Social secud~ tax withheld 46.71 5 Medicare wages and tips 6 Medicare tax withheld 753.36 10.92 7 Social security tips 8 Allocated tips 9 Advance EIC payment 11 Nonqualified plans 14 Other OPT 10.00 PASUI 0.15 10 Dependent care benefits 12a See instructions for box 12 15 S~ate Employer's state ID number JJ~l /'~ Wage and Tax Form VV m ~m Statement 16 State wages, tips, etc. 17 State income tax 753.36 21.1 2003 f8 Local wages, tips, etc. 19 Local income tax 20 Loc~{y name 753.36 15.06 middlet 39-1908647 Department of the Treasury--Internal ReverFue Serv This information is being furnished to the Intama Revenue Serv ce ye a~'e required to file a tax return a negligence pena y or o her sanction be reposed on you if this income is taxable and you fail to report it, PATRICIA KAY EVERETT, : Plaintiff : VS. EARNEST EVERETT, JR., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1353 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~0 day of 2004, the parties and Counsel having entered '~nto an agreement and stipulation resolving the economic issues on July 15, 2004, the date set for a Master's hearing, the agreement and stipulation havin~ been transcribed, and subsequently signed by the parties and Counsel, the appointment of the Master is Vacated and COUnsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY TNE COgRT, CC: /Usan Kay Candiello Attorney for Plaintiff ~eanne B. Costopoulos Attorney for Defendant PATRICIA KAY EVERETT, Plaintiff VS. EARNEST EVERETT, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1353 CIVIL IN DIVORCE THE MASTER: Today is Thursday, July 15, 2004. This is the date set for a Master's hearing. Present in the hearing room are the Plaintiff, Patricia Kay Everett, and her counsel Susan Kay Candiello, and the Defendant, Earnest Everett, Jr., and his counsel Jeanne B. Costopoulos. This action was commenced by the filing of a divorce complaint on March 19, 2002, raising grounds for divorce of irretrievable breakdown of the marriage. Both parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers have previously been filed with the Prothonotary of Cumberland County. On September 27, 2002, the Defendant filed a petition raising claims on his behalf of equitable distribution, alimony, alimony pendente lite and counsel fees. Wife filed an amended complaint on April 6, 2004, raising on her behalf a claim for counsel fees and costs. She previously raised a claim for equitable distribution. This morning we began the testimony of wife and we were in the process of continuing with the hearing after the lunch break. At that time, after discussion with the Master and Counsel, the parties h~ve worked out an agreement with respect to the outstanding economic claims. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for Correction of typographical errors which may be made during the transcription. The parties and Counsel will return later this afternoon to review the agreement for any typographical errors, make any COrrections as necessary, and then affix their signatures affirming the terms of settlement as Stated on the record. In any event, the parties will be bound by the terms of the settlement as stated on the record when they leave the hearing room today. The signing of the agreement is an affirmation of the terms of settlement and upon receipt by the Master of the signed agreement, the Master will prepare an order vacating his appointment and Counsel can then conclude the proceedings by the filing of a praecipe to transmit the record. It is the Master's understanding that as part of the settlement certain documents will have to be 2 signed and notarized to complete the transfer of assets. Those documents should be completed and signed within ten (10) days of today's date so that there are no further outstanding issues between the parties and the divorce can be concluded posthaste. 1992, born The parties were married on November 13, and separated May 31, 2000. There were no children of this marriage. Wife Pennsylvania 17025; Street, Harrisburg, MS. resides at 2154 Valley Street, Enola, husband resides at 1624 Berryhill Pennsylvania 17101. Ms. Candiello. CANDIELLO: The agreement that the parties have reached is as follows: 1. Wife's counsel shall prepare and file a praecipe to transmit to have the divorce finalized following the Master vacating his appointment. 2. Husband will sign a new deed to the Peffer Street property relinquishing all his right, title and interest in the Peffer Street property. 3. Husband will sign a waiver of all his right, title and interest in the Valley Street property as requested or required by the present mortgage company, Bank of America, to enable wife to refinance the mortgage on the Valley Street property. Following husband's signing of the waiver to remove all right, title and interest in the Valley Street property, wife shall take immediate action to refinance the Valley Street property to remove husband's name from the mortgage on that property. 4. Husband will agree to sign the title to the 1994 Jeep Cherokee to remove his name and place the title to that vehicle solely in wife's name. 5. Husband will agree to sign a release of any right, title and interest he may have in wife's pension or retirement through CSRS. Wife will agree to sign a release of any right, title and interest she may have in husband's pension or retirement through CSRS. 6. Husband shall receive the craft products, craft items, and craft supplies presently in wife's basement. Husband shall have 90 days to make arrangements to get the craft items and shall provide wife with two (2) weeks notice before he is getting that property to enable wife to bring the property out of the basement for him to be picked up in the driveway of the Valley Street property. 7. Each party, husband and wife, represents to each other today that this is the extent of all their debts and loans and judgments; anything they may have against them and that from this day forward they each agree to be responsible for any debts, loans, judgments that are solely in their individual name. 8. Each party withdraws the claim for counsel fees and husband waives his right to alimony. 9. Wife's counsel shall prepare all waivers and deeds and present them to husband's counsel for execution with the exception of husband's CSRS waiver which shall be prepared by his counsel. 10. The parties, through counsel, shall agree to a time to meet at Penn Dot for the transfer of the title to the 1994 Jeep Cherokee into wife's name alone. Expense of transferring title shall be wife's expense. 11. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Ms. Everett, you've heard the 4 statement of the agreement on the record? MS. EVERETT: Yes. THE MASTER: Oo you have any questions about it? MS. EVERETT: THE MASTER: MS. EVERETT: THE MASTER: NO. Do you understand it? Yes, I do. Are you willing to accept that Statement as divorce Case? final settlement of all claims in this MS. EVERETT: Yes. THE MASTER: Mr. during these proceedings today? that was stated it? Everett, you've been present MR. EVERETT: Yes. THE MASTER: Do you understand the agreement on the record? MR. EVERETT: Yes. THE MASTER: Do you have any questions about MR. EVERETT: No, sir. THE MASTER: Are you willing to accept the terms of the agreement as final and complete settlement of all claims in this divorce action? MR. EVERETT: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ttorn~Y~laintiff ~ ~eanne B. Costo~oul~s · - Attorney for Defendant Patricia Kay Everett Earnest E~er- , PATRICIA KAY EVERETT, PLAINTIFF VS. EARNEST EVERETT, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-1353 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divome decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, Earnest Everett, Jr., signed the Acceptance of Service on November 6, 2002. Said Acceptance of Service was filed with the Cumberland County Prothonotary on November 15, 2002. 3. Date of execution of the Affidavit of Consent required bY Section 3301(c) °fthe Divorce Code by: Plaintiff.' March 4, 2004 Defendant: June 16, 2004 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement A4,,reement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 5. i certify that the Waiver of Notice of Intention to Request Entry of a Div°rce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on March 4, 2004 by the Plaintiff and on June 14, 2004 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documems required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: July c~j 2004 ~Usan Kay Can~li~fo, l~]~tuire Counsel for Plaintiff// PA I.D. # 64998 5021 East Trindl~ Road Mechanicsburg PA 17050 (717) 796-1930 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF )laintif~ VERSUS De~end~nt PENNA. DECREE IN DIVORCE DECREED THAT Patricia Kay Everett IS ORDERED AND PLAINTIFF, AND Earnest Everett~ Jr. ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN EI~TERED; ATTEST: _ ~ [/'~ J' c - ~ PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA di/~ Plaintiff i Vs : File No. Defev4/ant : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or /after the entry°f a Final Decree in Div°rce dated/ZfMQ /ffl ~'2&9 '~/ hereby elects to resume the prior surname of ~ .~/~ ~ /, and gives this written notice avowing his / her intention pursuant t.o.h~pr, ovisions of 54 P.S. 704. Date:-~ ~7~ /~p_~z/ -//~~ ~/~ Signature Signature of name being resumed seal. NOTARIAL SEAL CLAUD!A ^. BR£WBAKER, NOIARY PUBLIC Carllsle Boro, Cumberland County My Commission Expires April 4, 2005 Prothonotary or Notary Public