HomeMy WebLinkAbout95-05089
-~ '
.
,
.:--'--,.~'- .._,._"..;.:~.....,.:t- '(..,;..0. - - -', .,...-.. --~~~"",,-,,,,,-,_,,,,,~,,,,',rJjr",~
- ~-_.:,. - ''':}'?~sr,~:,~:,~~~~{+"iJr.\C:'}f1i\~~~~rIF~~?i''}~ )S~"1~:~:Y~"~~;;(::;:',_<'4'i :~: .,';>>
Office of Divorce Master
9 North Hanover Street
Carlisle, Pennsylvania 17013
CAROL J. LINDSAY
ATTORNEY AT LAW
FLOWER, MORGENTHAL,
11 EAST HIGH STREET
CARLISLE, PA 17013
_...~..._.,-",..".....,..~-
,
.
FLOWER , LINDSAY
"'---'_1'.' T.li-~-". ..
"
'.
r--- <,
- -:-: ~,-,',<t','
F"~-~<<-a[.:;,~- .. ", .
.. , ~~ 1.1 :
~,' - - .
JII 2 3'9 8 ~".' H' - 0 .3 2 - .
..frrnrfn - - :
PB"mA :
7158334 U,S, POIlAGI :
Office of Divorce Master
9 North Hanover Street
Carlisle, Pennsylvania 17013
L",'r"'''''.l
.. " "'1,,:
" :~
.J' ,l I
'_1' 't' ,: '!' ":lW\ . .
.""" ..,._"t~,J
. .:, ~_~~: ,. .trT III '.,In'~ ~""t.'~ ~ t.!""t~ Ur :,.
"':~:.:."', .~:;~~.:~ -;-;~\l-:--:- ~~"
.',
lINTHO~l J. BAR~,."r
l440-NO~~22ND AVE.
PENI~..I~M!""'Pi'. FLORIDA 33026
~"
1",111".111"..,.11,.11...11,11,.""11,1..11I,,,1,1,.. ..III
....,'-..,.,-i.';,.~c-&:.u.:.a.""."...,..;~-;\!"-;.'...~-,.._'''............
,_".~C.<..,.._.).;._..',,-.t,:,.,...;';:"'.";''''''~ii;''''''''''
,
,
r
"
J
.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slleel
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorce Masler
Tr.cl .10 Col,er
Office ManageriReporter
We.t Shore
697-0371 Exl. 6535
January 21, 1998
Anthony J. Barbera
1440 Northwest 122nd Avenue
penbroke Pines, Florida 33026
RE: Lisa E. Barbera vs. Anthony J. Barbera
No. 95 - 5089 civil
In Divorce
Dear Mr. Barbera:
By order of Court of President Judge George E. Hoffer of
cumberland County, Pennsylvania, dated January 16, 1998, I have
been appointed Master in the above referenced divorce
proceedings.
A complaint in divorce was filed on September 25, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claims of equitable distribution,
alimony, alimony pendente lite, and counsel fees and expenses.
Your counsel of record, Carol J. Lindsay, has received
Court approval to withdraw as counsel and Judge Hoffer has
entered an order dated January 14, 1998, permitting her to
withdraw. Consequently, I am writing to you directly since, to
the best of my knowledge, you are not currently represented by
counsel.
Mr. Williams has filed a pre-hearing memorandum in
accordance with our rules of civil procedure and has asked that
we proceed to schedule a hearing on this matter. He also points
out that there are some outstanding interrogatories which have
not been answered.
My purpose in writing to you is to determine your
position with regard to grounds for divorce, that is, whether
you are willing to sign an affidavit of consent or whether you
agree that the parties have been separated for a period in
,
Mr. Barbera, Plaintiff
2
21 January 1998
excess of two years. I also need to know your position with
regard to the outstanding economic claims which have been raised
in the complaint. Since economic issues are being pursued by
your wife, you are directed to file a pre-trial statement in
accordance P.R.C.P. 1920.33(b) by Friday, February 20, 1998.
After receipt of your pre-trial statement, I will schedule a
pre-hearing conference with you, if you remain unrepresented by
counsel, or with your attorney, if you obtain an attorney in the
meantime; and with Mr. Williams, who is currently representing
your wife, Lisa.
I appreciate your response to my inquiry regarding this
matter so we can proceed here with the pending action in
Pennsylvania with your participation in bringing this case to a
final resolution.
Very truly yours,
~t[(IJk_-a
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
cc: Thomas J. Williams, Esquire
~ ,........---,......-......---,-----------~-,- -........ ....- _.-_._-,--~ ~-~-----_._.'- _....- -.-", ~ ~-, ------.~.----
"'I
.~,****~-~*.~~**~-*~***)**~*~**~~~
. ~~" ~ -------.- ---- '-.- _. .
I~
I".
I~
PLEAS I~
~
fi
~ T A' ~ -~ "~ ~: ~: .~ ~
, ,
~
~
IN THE COURT OF COMMON
, '
~(
. i
~;
, ,
OF CUMBERLAND COUNTY
~
STATE OF ~ PENNA.
~l
~i
i
~i
"'1
Wi
.,,)
~i
'.'r
...f
~I
i
~\
'."
, !
~i
, i
~l
~,:
i
~l
LISA E. BARBmA
:\ (), 95-5089
\'t'r...ll....
ArmmY J. BARBmA
,".'
~;
~
DECREE IN
DIVORCE
~~
~
....
~i
(.1
KI
~l
""
81
81
K1
81
~l
~l
~l
~
8
~
8
M(
'I
M'
,)
,
8'
~
-
'.~:. .:.:. -:.: -:.: :.: :.: f . ,f. ;.. :.: ~.: :.. :.: :.;":.: :.: :.: :.: :..
AND NOW,
7"/'", q'"
..,~" 1999
it is ordered and
decreed that ".
. , . J.,ISA E.. BARBmA , . .
., plaintiff,
defendant,
and ,........,.,.".~.~...~
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 entered;
tOre.
I),othonnl,lt\
~
...
)e
,i
8
W
.,
~
"
i"
~
~
~
M
"
~
"
S
~
I,'
~
"
8
S
\~
"
W
:'.'
'~
"
S
,
:~
),'.
I~
~
'~
v.
','
~
*'
~
~
~
~
J, ~
~
~
~
J/," ~~" (.~I tlllJ' /:1.:/b'i .1-4 k~~,
~) ,t' 7~' <... '_r >1:/ -# .I '
, /';7~G/ /ov(~......(i:;/ 4-,cZ7 "'''H.e'p-
J 11I1,!<.n"',"lIll,I'OI)I""~."I'''\I'"k
llulnllll ~~'I'jlil 1111111'''
Ilt\lIC'<l 1I~ "I '1'1"1 Iii ~. '\1
ljo,.,1l1
LISA E, BARBERA.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
NO, 95-5089
ANTIIONY J, BARBERA.
Defcndant
IN DIVORCE
PRAECIPF TO TRANSMIT RECORD
To thc Prothonotary:
Transmit the rccord. together with thc following infonnation. to thc court for entry of a
divorce dccrec:
\. Ground for divorce: irrctrievable breakdown undcr Scction 3301(c) ofthc Divorce
Codc,
2, Date and manner of service of the complain\: ccrtified mail addressec only. returned
unopened, sent again via first class mail on Septcmber 27. 1995 and was not returned, See Affidavit
of Service as filed,
3, Datc ofexccution ofthc PlaintifTs affidavit ofconscnt required by Section 3301 (c)
of the Divorcc Code; November 2. 1998; by the Defendant; January 28. 1999,
4, Related claims pending: Nonc,
5, Date PlaintifTs Waiver of Notice III *3301(c) Divorce was filed with the
Prothonotary: Novcmber 2. 1998,
Datc Defendant's Waiver of Noticc in S3301(c) Divorcc was filed with the
Prothonotary: January 29. 1999,
MARTSON DEARDORFF WILLIAMS & OTTO
BY~M- W J.t......'1_~_
Thomas 1. W' i'
Ten East Hig
Carlisle. PA 17013-3093
(717) 243-3341
Attorneys Ii.l[ Plainll 1'1'
Dati:: F~hruary 3, 1999
1""'
C
';0-
p-
i..~
UJ'
0'
H=:'
~):
"I,.
l.
(
l.
L:.
'-
".}i~t"
,-. ,~)" '
, 2f~~I~
Q: _', 'L~e;
,\~~: ':,;{,.-:::_,:',~~:f-:~';e-
: .'; :_t.J.')':. rt~.i~z.
, ':~N:,,'~:e:.CC~_.
'(ti' ., ",.<1:
. o'.~;' .~~ .
'. ';' ,'.
I~!
8=~
!ll~~
t;Bra1 .
~...Ilo:l
8Q~
!~~
h
!E
-.;
" "
'. .
,1 ,.
~.0'.1
'0 0
o'tp 0
If) .
r-V)
-
14.
t i
'"R. t1)
@ ~
. \.t}
g "=T
. J!
: ...11
I!
,-....
....---.-
f
],
R
)Q -(t' .o'
l~:
, ..('1)
.11. .;1
.:JC'I..
cJ
.
l.t)
('6
~
. .ald
lUll
.
" .
... .
Lisa Barbera.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
CIVIL ACfION - LAW
No, '/j . jlio/ 'ciVIL TERM
IN DIVORCE
v,
Anthony J. Barbera,
Defendant
NOTICE TO DEFEND AND CLAIM OF 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 divorcc or annulment may be
entered against you by the Court, Ajudgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff, You may lose money or
property or other rights important to you. including custody or visitation of your children,
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage. you may request marriage counseling, A list of marriage counselors is available
in the Office of the Prothonotary at:
CUMBERLAND COUNTY COURTHOUSE
CARLISLE. PENNSYLVANIA 17013
TELEPHONE: 240-6195
IF YOU DO NOT FILE ACLAIM 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.
COURT ADMINISTRATOR. FOURTH FLOOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE. PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
Lisa Barbera.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No, CIVIL TERM
IN DIVORCE
v,
Anthony J. Barbera,
Defendant
~
COUNT I - DIVORCE UNDER 3301(c) OF THE DIVORCE CODE
AND NOW comes Lisa Barbera by and through Frey and Tiley, attorneys for Plaintiff,
and makes the following statement:
I, Plaintiffis Lisa Barbera. who currently resides at 357 Pine Grove Road, Gardners,
Cumberland County, Pennsylvania,
2, Defendant is Anthony J, Barbera. who currently resides at 1249 Deerfield
Parkway, Apartment 103, Buffalo Grove. Illinois 60090,
3, Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4, Plaintiff and Defendant were married on October 21. 1989 in Chambersburg,
Franklin County. Pennsylvania,
5, There have been no prior actions of divorce or for annulment between the parties,
6. The marriage is irretrievably broken,
7, Plaintiff has been advised that counseling is available and that Plaintiffrnay have the
right to request that the Court require the parties to participate in counseling,
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce,
Divorcing Plaintiff and Defendant.
COUNT II . DIVORCE UNDER 3301(d) OF THE DIVORCE CODE
8, The allegations in Paragraphs I through 7 are incorporated herein by reference and are
made a part hereof,
9, Plaintiff and Defendant are now living separate and apart and, at the appropriate time,
Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least
WHEREFORE. Plaintiff requests your Honorable Court to enter a Decree in Divorce.
divorcing Plaintiff and Defendant.
COUNT III . ALIMONY
10, Paragraphs I through 9 of this Complaint are incorporated herein by reference a~
though set forth in full,
II. Plaintifflacks sufficient property to provide for her rea~onable means and is unable
to support herself through appropriate employment.
12, Plaintiff requires reasonable support to adequately maintain herself in accordance
with the standard of living established during the marriage,
WHEREFORE. Plaintiff requests your Honorable Court to enter an award of alimony in
hislher favor,
COUNT IV . EQUITABLE DISTRIBUTION
13, Paragraphs I through 12 of this Complaint are incorporated herein by reference a~
though set forth in full,
14, Plaintiff and Defendant have acquired property. both real and personal during their
marriage from October 21. 1989 until July 9. 1995. the date of separation,
15, Plaintiff and Defendant have been unable to agree as to an equitable division of said
property,
WHEREFORE. Plaintiffrequests your Honorable Court to equitably divide all marital
property,
COUNT V . ALIMONY PENDENTE LITE, COUNSEL FEES,
COSTS AND EXPENSES
16, Paragraphs I through 15 of the Complaint are incorporated herein hy reference a~
though set forth in full,
17, Plaintiff has employed counsel. but is unable to pay the necessary and rea.sonable
attorney's fees for said counsel.
18, Plaintiff is unable to sustain herself during the course of this litigation,
WHEREFORE. Plaintiff requests your Honorable Court to enter an award of Alimony
Pendente Lite. interim counsel fees. costs and expenses. until final hearing and thereupon award
such additional counsel fees. costs and expenses as deemed appropriate,
Frey & Tiley.
Attorneys for Plaintiff
-d
By:
Robert Q, Frey. Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle. Pennsylvania 17013
(717) 243-5838
I verify that the statements made in this complaint 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,
Dated:
August 23. 1995
Q~$
Lis arbera
~. ~/ I..
10' ........ .....
E'7'
Lisa Barbera.
Plainliff
[N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNS YL VANIA
CIVIL ACfION - LAW
No, 95-5089 CIVIL TERM
IN DIVORCE
v,
Anthony J. Barbera,
Defendant
~
AND NOW, this 1st day of February. 1999. [. Robert G, Frey. hereby swear that I have
served a true certified copy of the Complaint in Divorce. with Notice to Defend. in the above-
captioned mailer upon
Anthony 1. Barbera
1249 Deerfield Parkway. ApI. 103
Buffa[o Grove. IL 60090
by depositing same in the United Stales Mail. postage prepaid. certified mail addressee only, return
receipt requested and by United States Mail. postage prepaid. first class mail on September 27.
[995, The Complaint in Divorce with Notice to Defend was returned to my office unopenned; the
Complaint in Divorce. with Notice to Defend. sent by United States Mail. postage prepaid, first
class mail on September 27. 1995 was not returned at any time,
~1_
Robert G, Frey
Allomey for Plaintiff
5 South Hanover Street
Carlis[e. Pennsylvania 17013
(717) 243-5838
o
,.-
I.f) 0
.....J .."
.., -j
;'1 1~ :n
.) ',-
I -,.n
I" 56
::: JOT
.:i:l
J.n
t:~ ijm
,-I
":> ~
.0 -<
~
Q)
~
0-'1
~::)
Sworn and subscribed to before me this
[st day of February. 1999
CY; tMA ~ .d J6~3e1-
- -(
-c'-
, 0
,
- -
. #..
"
NoWIaI Seal
GlaIIa S, "-r. NolIIy PIlbIIc
.~ II'1Wp.,"turnbeo1IIild CounlY
t.\' CommluJa-\ EKPres Aug. 22. 1999
-I
....
......~
-C"-XL
C 'IV '/ '
l1<ci/" ~ ,0-)::,,;
"'\
La '--' "-'<-H
('1<--' 'i I...... '',J (
r 'III" 1M 1 Mill: (il_")()( ~~ ....~I~ "II-riM
trUlrJ In:l ~111 ,~ :0 ""
Jlr"'N 11 u:..~r""lIl 11>1\\1
LISA E, BARBERA.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v,
NO, 95-5089
ANTHONY J. BARBERA.
Dcfcndant
IN DIVORCE
AFFJOA VIT OF CONSENT
COMMONWEALTH OF PENNSYL VANIA )
: SS,
COUNTY OF CUMBERLAND )
1. A Complaint in divorcc undcr Scction 3301(c) of the Divorcc Codc was filcd on or
about September 25. 1995,
2, The marriagc of Plain tilT and Defendant is irretrievably brokcn and nincty days have
clapsed from the date of filing and service of thc Complaint.
3, I consent to the entry of a final decree of divorce after service of noticc of intention
to requcst entry of the decrec,
I verify that the statcrncnts made in this affidavit are true and correct. I understand that false
statemcnts hcrein are madc subject to thc pcnalties of 18 Pa, (', S,. Section 4904 relating to unsworn
falsification to authoritics,
Date:~.2../~
-:7'Y/~ I~
Lisa E, Barbcra. Plaintiff
Sworn to and subscribcd bcforc me this
~ day of Novembcr 1998,
~ f),fj,4M~
~PUbliC
NoW\al Seal
TnCIA 0 Ectoenr*, Ncla'V PublIC
Car1tl1e 8000, Cum\llfllnd COUf'fY
M, CommisSIon eapifel Oct. 23, 2000
.... ;-
tr; C
I = .. , -
r~ '.
lU.
0., -,.
--,
L'- "-.
'1.._ -'
c.:J,-
S ,'-,
,,- I
l~: .. J:"!]
, L. , \~-
-,.
11 O~ :..)
t. I CT' --'
,,"-
n..
,:::'
tJJ~' '.
().'; -
,:7:.'
("),'
.1 ,.
~}L'
f:-'!.
i"
/,
Cj
":'1
I
;:',
'--
:c.:
Co
'"
-.
c:
,
.'.
'.
-;:
,
,'-
ce:,'
',../
J~
;-
..
'iiJ
".4...
..:,
iJ
F "FILL'i"UATAflll:"(j[N()()('QI"Ql.IOI.AFF ~'I.x
l""A1t\t !W21V7 II 51:0 AM
kmlCd II 'OJ", tlo& Ill: PM
LISA E, BARBERA,
Plainti rr
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
v,
NO, 95-5089
ANTHONY J. BARBERA.
Defendant
IN DIVORCE
AFFIOA VIT OF CONSENT
COMMONWEALTH OF PENNSYLVANIA )
: SS,
COUNTY OF CUMBERLAND )
1. A Complaint in divorcc under Section 3301(c) of the Divorcc Code was filed on or
about September 25. 1995,
2, The marriage of Plainti rr and Defcndant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorcc after service of notice of intention
to request enlJy of the decree,
I verifY that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa, C, S" Section 4904 relating to unsworn
falsification to authorities,
Date: J . d y. 11
ftcl~ I f.u4.c
Anthony ,Bar1)era. Defendant
Sworn to and subscribed before me this
~day of C)1-WtL't1./, /qqq
(I1r; · J " R ..!i1/l U
~blic 3
NOTARIAl. SEAL
CON~IE A. St4Ul.TZ. ~ I'IoblIC
........-... CumM....1lI Ccu>Iy
Commi-. ' II. 2001
t';:
........
... .~
UI0
().
11:'
~i
-.
li:'
,J
"
C'
c-.
(,
.t I
~,-\
0',
, ,
LISA E, BARBERA,
Plainti IT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v,
NO, 95-5089
ANTHONY], BARBERA,
Dcfcndant
IN DIVORCE
,
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE tINDER ~3301(C) OF THE DIVORCE CODE
I, I consent to the entry of a final dccrcc of divorcc without noticc,
2, I understand that I may lose rights concerning alimony. division ofpropcrty,lawyer's
fees or expcnses if I do not claim thcm bcfore a divorce is grantcd,
3, I understand that I will not be divorccd until a divorcc dccrce is cntered by the Court
and that a copy of the decree will bc sent to mc immcdiately after it is filed with the Prothonotary,
I verifY that thc statements madc in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa, C.S, ~4904 relating to unsworn
falsification to authorities,
Date: } - d r~ '(1,
A~~.t!~
~ '-',
'l
~ -,
U.l_'
L"
r-'
.... I
~i C'.
" C'
_I,
0:' ."
I
" r.Jl , "
C. C;;'
)
. #
LISA E. BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
.
.
.
.
vs.
: NO. 95 - 5089 CIVIL
.
.
ANTHONY J. BARBERA,
Defendant
:
IN DIVORCE
AND NOW,
ORDER OF ~
this .J- '2; day of ~--
1998, the economic claims raised in the proceedings having been
resolved in accordance with a matrimonial and equitable
distribution settlement agreement dated December 17, 1998, the
appointment of the Master is vacated and counsel can file a
praecipe transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
P.J.
cc: Thomas J. Williams
Attorney for Plaintiff I
_ e~"" IP"'~""( 1;1.. :2yJQr
Mark 1(, Emery . , J il
Attorney for Defendant
MATRIMONIAL AND EQUITABLE DISTRIBUTION
SETTLEMENT AGREEMENT
r THIS AGREEMENT , made this L1! day of
jJt.(Ctf'fl t-:I.,:IS 1998, by and between Anthony J. Barbera
.
("Husband"), and Lisa E. Barbera ("Wife").
RECITALS
A. The parties hereto, being Husband and Wife, were
lawfully married on October 21, ~. \'\ ~<<t
B. Differences have arisen between Husband and Wife
in consequence of which they have begun to live separate and apart
from each other.
C. Husband and Wife acknowledge that they both have
consulted their attorneys and have been advised by their attorneys
of all of their rights and duties or have had the opportunity to
consult independent legal counsel and have willfully, knowingly
and voluntarily waived the right to consult an attorney.
NOW,
in consideration of the mutual
THEREFORE,
promises, covenants and undertaking herein contained, the parties,
each INTENDING TO BE LEGALLY BOUND, agree as follows:
1. Recitals. The Recitals set forth above are incorporated
herein by reference.
2. Divorce. It is specifically understood and agreed by and
between the parties, and each party does hereby warrant and
represent to the other that, as defined in the Divorce Code, their
marriage is irretrievably broken. Wife has filed an action in the
Court of Common Pleas, Cumberland County, Pennsylvania, at Docket
No. 95-5089. The parties agree to take all legal steps (including
the timely and prompt submission of all documents and the taking
of all actions) necessary to assure that a divorce pursuant to 23
Pa. C.S.A. S 3301 as amended of the Divorce Code is entered as
soon as possible. This Agreement and any ancillary or
supplemental agreements shall be incorporated by reference and
merged into the proposed Divorce Decree presented to the Court.
Husband and Wife shall at all times hereafter have the
right to live separate and apart from each other and to reside
from time to time at such place or places as they shall
respectively deem fit, free from any control, restraint or
interference whatsoever by each other. Neither party shall molest
the other in any way whatsoever nor endeavor to compel the other
to cohabit or dwell with him or her by any legal or other
proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness
or unlawfulness of the causes leading to their living apart.
3. Marital Property,
(a) Personal Property. Husband and Wife acknowledge
that they have divided the personal property acquired during their
marriage. Husband being provided the personal property set forth
on Exhibit "A", attached and incorporated fully herein, Excepting
2
that set forth in Exhibit "A", title to all personal property not
otherwise identified herein is vested in the party currently in
possession of such property. Wife hereby relinquishes all right,
title and interest in all other marital and non-marital property.
(b) Retirement. Pp.nsion, 401-K Plan. Husband hereby
relinquishes all right, title and interest in Wife'S retirement,
pension and/or 40l-K Plan, if any, and Wife hereby relinquishes
all right, title and interest in Husband's personal retirement,
pension and/or 40l-K Plan, if any.
(c) Real F.state. Husband hereby waives and
relinquishes any right, title, or interest in'the home located at
357 Pine Grove Road, Gardners, Cumberland County, Pennsylvania,
and Husband agrees to execute any deed or other transfer documents
necessary to fulfill this provision.
(d) Dgga. Wife shall be provided the parties' female
Rottweiler, "Mani Von Chelsea Barbera". Husband shall be provided
the parties' male Rottweiler, "Shotzi Von Seiko..
4. Debts and Obli9ations.
(a) It is agreed and understood that Wife shall be
responsible for the fOllowing marital debts:
(I) First mortgage on property located at 357
Pine Grove Road, Gardners, Pennsylvania, through Home Side
Lending;
3
(2) Home equity loan on property located at 357
Pine Grove Road, Gardners, Pennsylvania, through Members
First Federal Credit Union; and
(3) Members First Federal Credit Union Visa.
It is agreed and understood that Husband shall be
responsible for the following marital debts:
(1) Chevy Chase Mastercard; and
(2) Paccar Financial.
Each of the parties shall indemnify, defend and hold
harmless the other from any claims, demands or liabilities arising
hereafter due to their failure to fulfill their responsibility in
paying the above-referenced marital debts.
It is further agreed and understood that the parties
will execute any documents reasonably necessary to execute a
workout or settlement of any of the above-referenced debts.
(b) Individual debts/obligations. Each of the parties
shall assume all debts and obligations presently in their
individual names and shall indemnify, defend and hold the other
harmless from said debts and obligations, whether incurred prior
to, during, or subsequent to the marriage. This shall include all
personal, individual credit cards and personal individual loans by
either party except as otherwise set forth herein. Each party
hereby agrees to pay and hereby agrees to hold the other harmless
from any and all personal debts and obligations incurred by him or
4
her on or after the date of this Agreement. If any claim, action
or proceeding is hereafter brought seeking to hold the other party
liable on account of any such debts and obligations, such party
will at his or her sole expense defend the other party against any
such claim, action or proceeding, whether or not well-founded, and
indemnify the other party against any loss resulting therefrom.
(c) Joint debts/obliCjJations. Husband and Wife
represent that there are no joint debts or other debts incurred by
either of them, excepting those set forth in this Section 4(a).
Each party otherwise hereby expressly agrees to
indemnify, defend and hold harmless the other from any and all
liability, direct or indirect, including attorneys' fees and
costs, which may arise in connection with an obligation, joint or
otherwise, for which the party has agreed hereunder to bear sole
or partial responsibility, or which the party has failed to
disclose and provide for herein.
S. Legal Fees. Each party agrees that they shall be
responsible for their own legal and other fees incurred by them in
connection with this domestic relations matter unless otherwise
specified herein or otherwise agreed to by them.
6 . Automobi les /Truck. Upon execution hereof, the part ies
agree that the 1990 Ford Bronco and 1992 Chevrolet Camaro
automobiles shall become the sole property of Wife. Husband
waives any right, title or interest he may have in and to said
5
automobiles and shall promptly execute any title or transfer
documents necessary to fulfill this provision.
The parties further agree that the 1992 Kenworth truck
shall become the sole property of the Husband. Wife waives any
right, title or interests she may have in and to said truck and
shall promptly execute any title or transfer documents necessary
to fulfill this provision.
7. Other Writings. Each of the parties hereto agrees to
promptly execute any and all documents, deeds, waivers, bills of
sale, tax returns or other writings reasonably necessary to carry
out the intent of this Agreement,
8. Further Debt.
(a) Wife shall not contract or incur any debt or
liability for which Husband or his property or estate might be
responsible and shall indemnify and save harmless Husband from any
and all claims or demands, including attorneys I fees and costs,
made against him by reason of debts or obligations incurred by
her.
(b) Husband shall not contract or incur any debt or
liability for which Wife or her property or estate might be
responsible and shall indemnify and save harmless Wife from any
and all claims or demands, including attorneys' fees and costs,
made against her by reason of debts or obligations incurred by
him.
6
9. Mutual ReleaRe. Except as otherwise provided herein and
so long as this Agreement is not canceled by subsequent agreement,
the parties hereby release and discharge, absolutely and forever,
each other from any and all rights, claims and demands, past,
present and future, specifically from the following: alimony;
spousal support; division of property; claims or rights of dower
and right to live in the House; right to act as executor or
administrator in the other's estate; rights as devisee or legatee
in the Last Will and Testament of the other; any claim or right as
beneficiary in any life insurance policy of the other unless
specifically named otherwise or as required herein; and any claim
or right in the distributive share or intestate share of the other
party's estate, all unless specified to the contrary herein or in
a subsequent writing signed by the parties hereto. It is
specifically understood that alimony pendente lite is excluded
from this release; and Husband shall remain liable for all
arrearages currently existing under Wife's award of alimony
pendente lite at Docket No. 95-5089.
10. Tax Return. The parties have elected to file separate
individual income tax returns beginning with tax year 1996. Each
party shall be solely liable for any tax liability from that
period forward and shall indemnify, defend and hold the other
harmless from and against any such liability.
7
11. Entire Agreement. This Agreement constitutes the entire
understanding between the parties, and there are no covenants,
conditions, representations or agreements, oral or written, of any
nature whatsoever, other than those herein contained.
12. Legally Binding. It is the intent of the parties
hereto to be legally bound hereby, and this Agreement shall bind
the parties hereto and their respective heirs, executors,
administrators and assigns.
13. Full Disclosure. Each party asserts that she or he has
fully and completely disclosed all the real and personal property
of whatsoever nature and wheresoever located belonging in any way
to each of them; of all debts and encumbrances incurred in
any manner whatsoever by each of them; of all sources and amounts
of income received or receivable by each party; and of every other
fact relating in any way to the subject matter of this Agreement.
These disclosures are part of the consideration made by each party
for entering into this Agreement, Each party further represents
and warrants that there are no undisclosed debts or obligations
for which the other party may be liable, and each party shall
indemnify and hold harmless the other party from any such
liabilities, including attorneys' fees and costs.
14 , Costs to Enforce. In the event that either party
defaults in the performance of any duties or obligations required
by the terms of this Agreement, and legal proceedings are
8
-....-
commenced to enforce such duty or obligations, the party found to
be in default shall be liable for all expenses, including
reasonable attorneys' fees, incurred as a result of such
proceedings.
15. Agreement Volunta~ and Clearly Understood.
to this Agreement acknowledges and declares that
respectively:
Each party
he or she
(a) Is fully and completely informed as to the facts
relating to the subject matter of this Agreement and as to the
rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after
receiving the advice of independent counselor, having been
advised to consult independent counsel, has knowingly and
voluntarily chosen to forego such consultation;
(c) Has given careful and mature thought to the making
of this Agreement;
(d) Has carefully read each provision of this
Agreement; and;
(e) Fully and completely understands each provision of
this Agreement, both as to the subject matter and legal effect.
16. Amendment or Modification. This Agreement may be
amended or modified only by a written instrument signed by both
parties.
9
17. Applicable Law. This Agreement shall be governed,
construed and enforced under the statute and case law of the
Commonwealth of Pennsylvania.
18. Spousal Support. In consideration of the terms hereof,
Husband and Wife mutually agree to waive any claim either may have
for alimony or spousal support except as otherwise provided
herein.
19. Counte~arts. This Agreement may be executed in
separate counterparts, each counterpart deemed an original and
when combined represents the legal binding intent of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the day and year first above written:
WITNESS:
HUSBAND :
Anthony J. Barbera
WITNESS:
WIFE:
~y;,~idI~
ra
10
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~
SS. :
On this, the :!:D-M day Oft) ~ , 1998,
a Notary Public, the undersigned officer, personally appeared Lisa
E. Barbera, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes herein
contained.
seal. .
IN WITNESS WHEREOF, I hereunto set my hand and official
Notary Publ1.c
Commission
(SEAL)
Expires:
NoMFial C ,-,I
~trt(..,... PubIc
I.;-TII ';
Mj ,mm, ~t .". ~
1. Fishing tackle
2. Weight set
3. Camping equipment
4. Saw and carrying case
5. Tire chains
EXHIBIT -A-
J;\hrl>ero\dilrovery,J'C' file I 4'lfJO.95-02
.
.
8, In the letter of March 12, 1996, Petitioner requested the opportunity to appraise the
contents of the marital home.
9. No response has been made to either the request for Interrogatories or the request
for an appraisal of the contents of the marital home,
WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to
show cause why the Interrogatories propounded should not be answered and the appraisal
requested should not be permitted,
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Defendant/Petitioner
By:
../
,...
__1
Carol J, Un say, Esquire
10 # 44693
11 East High Street
Carlisle. PA 17013
(717) 243-5513
1
,
d:\tlart)(:I'I\diM'1NCry.JlCI lile I "'}(n.II~..n2
. .
LISA BARBERA,
IN THE COURT OF COMMON PLEAS OF
CUMBERlAND COUNTY, PENNSYLVANIA
Plaintiff/Respondent
vs.
CIVIL ACTION - lAW
NO. 95-5089 CIVIL TERM
IN DIVORCE
ANTHONY J. BARBERA,
Defendant/Petitioner
~'fl'
AND now, this ft day of
, 1996, I. Carol J, Undsay, Esquire,
of the law firm of FLOWER, MORGENTHAl, LOWER & LINDSAY Attorneys, hereby certify that
I served the within Petition to Compel Discovery this day by depositing same in the United States
Mail, First Class, Postage Prepaid. in Carlisle, Pennsylvania. addressed to:
Robert G, Frey. Esquire
FREY & TILEY
5 South Hanover Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Defendant/Petitioner
By:
Carol J, Unds
10 1/ 44693
'--.-/ 11 East High Street
Carlisle. PA 17013
(717) 243.5513
~
..
. .
.
I
I
I
'. !
EXHIBIT "A"
d:\b.....n\ln:.noplori.. m. I 491JO.9S.oz
USA BARBERA,
.
.
Plaintiff
.
.
V8. .
.
.
.
.
.
Defendant .
.
~
~~
~
.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-5089 CIVIL TERM
By:
Carol J. Undsay, Esquire
10 II 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
ANTHONY J. BARBERA,
IN DIVORCE
TO: USA BARBERA
c/o Robert G. Frey, Esquire
FREY & TILEY
5 South Hanover Street
Carlisle, PA 17013
YOU ARE HEREBY NOTIFIED that you are required, pursuant to Pennsylvania Rule of Civil
Procedure No. 4005, to serve upon the undersigned, within thirty (30) days, after service of this
Notice, your Answers in writing under oath to the following Interrogatories. These Interrogatories
shall be deemed to be continuing and if, between the time of your Answers and the time of trial
in this case, you, or any acting on your behalf, learn of any further information not contained in
these Answers, you shall promptly furnish that Infirmation to the undersigned by Supplemental
Answers.
FLOWER, MORGENTHAL FLOWER & UNDSAY
Attomeys tor Plaintiff
d:\boJl>era\lnlenoplOria RIo 11 4lJQG.95.02
USA BARBERA, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
VI. . CIVIL ACTION - LAW
.
. NO. 95-5089 CML TERM
.
ANTHONY J. BARBERA, .
.
Defendant . IN DIVORCE
.
Defendant, ANTHONY J. BARBERA, propounds the following Interrogatories to Plaintiff, LISA
BARBERA, which must be answered within thirty (30) days of service hereof.
1. If you are living separate and apart from your spouse, please state what you consider to be the
date of saparation.
ANSWER:
..
I
d:\bllbo.,\I,cenoplOrica me /I 4\JOO.9S~Z
'.
..
2. State the name and relationship of each person residing with you.
ANSWER:
a. Is that Individual(sl employad7 If so, by whom, and state that amount of hislhar
annual income.
b. Does that individual have eny other source of income7 If so, how much on an
annual basis, and from what sourca.
c. Does that individual(sl contribute to the household expenses7
ANSWER:
Z
c1:\blrt>ero\bllem>ptoria me # 4~.oz
.
3. Are you presently employed? (Full and part-time employment included)
ANSWER:
A. If your Answer is in the affirmative, stata fully for each employment:
1. The full nama, address and telephone number of your place of
employment;
2. The date you commenced your employment;
3. Your jOb title or position.
ANSWER:
1.
2.
3.
B. Do you have any written or oral employment contracts with your present
employer?
ANSWER:
"
3
,
I
d:\blrben\lttlenoplOri.. rue # 4900-9S.a2
4. Have you received or are you entitled to receive any bonusas during the past three (3) years?
If so, state the amount of bonus recalved or amount you are entitled to receive, and detail when
aach was recalved or when you expect to racelve the bonus. Summarize the terms of the bonus
arrangemant, including how the bonus was calculated.
ANSWER:
.
d:\b&rbc..\lnlcnoplllrlca me, 49OG-9S-01
..
5. Doas the business or individual or other entity owe you any money, whether resulting from loan,
undistributed profit, dividend or other form of credit. to which you are now entitled or will be
entitled in the future?
ANSWER:
"
s
d:\bOlttn\IDtcnoplllrica ftIe (I 4~9S.()1
6. Are you the ownar. individuelly or with others, or any intarest In any sacuritlas, or In any mutual
fund, including but not IImitad to, stock funds, money market funds, bonds, municipal bond
funds, gold funds, etc.? If so, pleasa list the names of said securities or funds.
ANSWER:
6
d:\_..\llItenoplOricI 1Uo' 490().9S.(l2
7. Do you own, Individually or Jointly with another, any cartiflcates of deposit, treasury notas, or
othar depository recalpt of any kind7
ANSWER:
..
7
c1:\balbon\lII14noplOria IUo (I 49C0.95-ll1
8. Do you now or have you at any time since the date of marriage, maintained or had accass to
a safe deposit box? If so, please detail the contents at the time opanad, and tha date of
separation?
ANSWER:
.
d:\bube..\InIC""plOriu lUc' 49QG.9$..o2
12. Hava you filed a financial statemant or loan application with any lending or credit Institution
during the past flva yaars? If so, please name the lending or credit Institution, and ettach all
such financial statements or loan applications to your Answars to thase Interrogatories, and
state the amount, term(s) and purpose(s) of such loan(s).
ANSWER:
u
13. Ust all outstanding dabts which you are obligated to pay, having a balance in excess of $300.00
for each debt.
ANSWER:
\
J3
c1:\balbal1l\lDtcnoplOria IUc # 49lJl).9S.Q2
'.
-. .....
14. Please estimate the current market value of your household contents including, but not limited
to, furnishings. personal effects or other personal property (excluding jewelry).
ANSWER:
14
c1:\balbal1l\bllCnoplOria IUc # 4~9s.02
15. Do you hava an ownership in any furs, gold, diamonds or other precious gams or metals or
jewelry, having a value of $300.00 or more for each item? If so, please describe each item and
state its current market value.
ANSWER:
'\
IS
c1:\balbal1l\IAICnopIOIl.. IUc # 4~9S-02
,
". ..
16. Do you receive, or have you received, during the past three (3) years, any gifts, contributions.
gratuitlas, benefits, services, fringe benefits or perquisites from any source, business or
otherwise, including family members, for any of the following expenses? Detail the source. the
dates and amounts of payments or goods or services and the purpose of the payment or goods
or services:
A. Uving accommodations, including utilities and related expenses:
B. Food. housahold products and sundries:
C. Clothing;
D. Recreation and entartainment (e.g.. club memberships, dues. etc.);
E. Vacation or travel;
F. Education:
G. Automobile or other vehicle;
H. Expense account or reimbursement;
I. Company credit cards;
J. Use of company facilities (boat. cottage. condominium, etc.);
K. Company loans and salary or advance account;
L. Company product discounts;
M. Ufe, health, disability or automobile insurance; or
N. Other (specify).
ANSWER:
16
c1:\balbal1l\lnlcnoplOria roc # 4~9S.Q
17. Do you own or heve any interest In any property (real or personsll. contract right, patent, chose
In action, or expectancy of eny kind, Including an Interest or right titled or held In the neme of
another, not previously Identified In your Answers to the pracedlng Interrogatories? If so,
describe In deteil the property. contract right. patent. chose in action. or expectancy, and state:
A. The Identity of the person you share such interest with;
B. The date you acquired your Interest;
C. The value at acquisition:
D. Present value and how determined.
ANSWER:
\
11
d:\balbal1l\lalenoplOri.. rue # 4~9S.Q
19. Please refer to Schedule A (attached hereto) Do you now. or did you at any time within three
years before your separation, have any interest in any of the itams listed on Schedule A? If so,
please so designate by placing an "x" in tha :parentheses provided next to the items and or
aach designated item on Schedule A; plaase provide the information requasted on Schedule A
immediately balow the dasignated items. Please answer on attached Schedule A.
FLOWER. MORGENTHAL FLOWER It UNDSA Y
Attorneys for Defendant
By:
\
Carol J. Undsay, Esquire
10 , 44693
11 East High Street
Carlisle. PA 17013
(717) 243-5513
19
c1:\belbal1l\IDICmlploria rue # 4~9s.02
"
". ...
&HEWn.E.A
EXPLANAnON OF TERMS:
Date of Acquisition: The date the item was acquired. Pleasa be as specific as possible.
Value of Acquisition:
The purchase prica or valua of the item which it was acquired.
Separation Value:
The value of the times as of the date you can determine to be the date of
separation.
Current Value:
The current and/or present value of the time as of tha data of answering
these Interrogatories.
(I
A.
REAL PROPERTY
1. P1easa provide the address and/or a brief description of each piece of real
estate.
al
bl
cl
dl
el
2. Dlte of acquisition.
II
bl
cl
dl
el
3. Cost of acquisition.
.1
bJ
cJ
dl
el
d:\_I1l\lalenoplOria ruc # 4~
'.
o. ...
(J
B.
MOTOR VEHICLES, BOATS. AIRPLANES. ETC.
If any of the motor vehicles listed In this Section B hive been appraised. please provide
copies of such appraisallsl.
1. Please state the make. model. and year of each vehicle. boat. motor bike.
airplane, etc. owned by you.
al
bl
cJ
dJ
al
2. Date and acquisition. cost of acquisition and from whom purchased.
al
bl
cJ
dl
el
al
bl
cl
dl
el
3. Value of the vehicle at separation. its current value. and basis for such
valuation.
4. Milage at date of separation.
II
bl
cJ
dl
el
d:\b<Ibal1l\lecenopIOIlca IUc # 4~9S.Q
()
E.
PATENTS. COPYRIGHTS, INVENTIONS. ROYALTIES
Are you the owner of, or have you applied for any patents. copyrights. Inventions. or
royalties7 If so, please provide a complete description. including the date granted.
ANSWER:
(J
F.
UFE iNSURANCE POLICIES
1. Name and address of insurance company and type of policy (ordinary life.
term, annuity, etc. I and identifying number.
aJ
bl
cl
dl
el
2. Face value. and current cash surrender value:
al
bl
cl
dl
el
3. Indicate loans against each policy. Including date. amount. and purpose of
loan.
al
bJ
c)
dl
el
d:\bubcl1l\lalenoplOria IUc # 4~9S.Q
-. -.
()
G.
INHERITANCES AND EXPECTANCIES (TRUSTS, ESTATES. ETC.)
Please state from whom you have received or expect to receive an Inharitance andlor
expectancy, and In what form (cash, property, etc.I and when you expect to receive
same. If part of an Estate or trust. please designate name. address, and telephona
number of the Executor. Administrator. or Trustee. Provide a copy of the Will or Trust
Instrument in which you are names as beneficiary.
(J
H.
MISCELLANEOUS INVESTMENTS (REAL ESTA TE, MINERAL. OIL, GAS,
COAL OR OTHER SUCH INVESTMENTS)
1. Please name andlor describe each. and the date of acquisition, and in whose
name the assets are listed.
a)
b)
c)
d)
e)
2. P1aasa state the amount of your total investment in each of the above, and
amount of any future Obligations. and payment dates thareof.
a)
bJ
cJ
d)
a)
3. Attach a copy of the prospectus for each such investment.
c1:\:.arbcl1l\lnlcnoploll.. roc # 4~9S-02
. .. .
~
I, the undersigned. hereby verify that the statements made herein are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S
4904. relating to unswom falsification to authorities.
Usa Barbera
Date:
. . . .
EXHIBIT "B"
LAW OFFICES
-' .,.
FLOWER, MORGENTHAL. FLOWER & Llr,lDSA '5'--
A PROFESSIONAL CORPORATION .. ,f' j,- f)
11 EAST HIGH STREET .. '.. ,.v'')lJ
CARLISLE, PENNSYLVANIA 17013-3016 ~rJ'
BlEI'SClI A MOROENlllAL
(197.S-198S)
JAMES D. FLOWER
ROOER M. MOROENrnAL
JAMES 0, FLOWER. ./R.
CAROL J. UNDSA Y
(717) Z43-5513
FAX: (717) Z4~IO
FLOWER. KRAMER
MOROENrnAL A FLOWER
(1985-1991)
March 12. 1996
Robert G. Frey, Esquire
FREY &; nLEY
5 South Hanover Street
Carlisle, PA 17013
RE: Barbera v. Barbera
No. 95-5089 Civil Term
Dear Rob:
This letter is a reminder that I served on you Interrogatories for your client's
response. Those Interrogatories were due on February 17. 1996. Would you pleasa let
me know when you expect the answers to be completed and verified.
In the meantime, my client re-news the request for his personal property, including
his sports equipment, fishing gear. bows and rifles, and his clothing.
In order to make sure that there are no dissipated assets. I would like to arrange
for an appraiser to appraise the contents of the marital home. I propose that we simply
have an appraiser contact your client for an acceptable time. Please let me know if that
is acceptable.
Because it is tax season. would you please have your client give to us the 1099
form she is holding from Ty Pruett, of Baltimore, Maryland. My client cannot prepare his
returns without that information. Would you let us know who holds the first mortgage.
My client claims that this mortgage is assigned from time to time and he is not sure who
the present mortgage holder is.
Finally, although your client may have filed her Federal income tax return, I am sure
the parties would enjoy a more favorable treatment if they filed jointly. This we propose.
If your client is unwilling to join with mine, she should understand that my client intends
to claim one-half of the mortgage interest since he paid the mortgage for 11 out of 12
months of the year.
Because your client has not been very responsive, I am going to feel compelled to
file a Motion for Special Relief and to compel the Interrogatories if the information
.
Robert G. Frey, Esquire
. FREY '" TILEY
. 2 '
March 12,1996.
requested is not provided within ten days. Please refer to your latter of December 28,
1995, I am willing to bet Mrs. Barbera never made it in with the documents requested.
Very truly yours,
flOWER, MORGENTHAL, FLOWER & UNDSAY, P.C.
Carol J. Lindsay
CJL\tjb
cc: Anthony J. Barber.
fie _4100-16-02
(7\
,
'" .....
"
I""
"
<,
, '\
I
i.
)
.
-
~ . <:\wp.~I\b.rt>era\wilhdrnw.m"l
tlcl'cndu=r 11,1'}I)7
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA BARBERA,
VS.
CIVIL ACTION. LAW
NO. 95.5089 CIVIL TERM
ANTHONY J, BARBERA,
Defendant
IN DIVORCE
ORDER OF COUBI
AND NOW this ~ day of 4u.c--
, 1997, upon consideration
of the within Petition to Withdraw as Counsel, a Rule is issued upon the parties in this case to
show cause, if any, why Petitioner, Carol J, Lindsay, Esquire, and her law firm, should not be
permitted to withdraw as counsel for Anthony J. Barbera,
RULE returnable
days from the date of service.
By the Court,
J,
,
, <:\wpSl\balbal1l\wilhdrew,pel
Oc<cmhcr 17,1997
USA BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-5089 CIVIL TERM
vs.
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
fiIITlQN TO WITHDRAW AS COUNSEL
Now comes CAROL L. LINDSAY, ESQUIRE, counsel for the Defendant above, and
petitions this Honorable Court as follows:
1. Petitioner is Carol J, Lindsay, Esquire, an attorney with the law firm of FLOWER,
MORGENTHAL, FLOWER & LINDSAY, P,C" 11 East High Street, Carlisle, Cumberland County,
Pennsylvania, which firm was retained to represent the Defendant herein,
2. In the course of Petitioner's representation, certain disagreements have arisen
between Petitioner and Defendant, and those disagreements have rendered it impossible for
Petitioner to zealously represent the Defendant.
3. Although litigation is pending, no hearings have been scheduled or sought by either
party.
WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Defendant to
show cause why Petitioner may not be permitted to withdraw as counsel.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Date:
By: (I.J~ 112_~
~ui~ say, Esquire
10 # 4
11 Easl High Street
Carlisle, PA 17013
(717) 243-5513
I
. c:\wrSl\~.rbcra\wilhdraw,mOI
Ilet'emher 17,111)7
USA BARBERA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95.5089 CIVIL TERM
Plaintiff
va.
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
<;-
AND now, this /7 day of ~ , 1997, I, Carol J. Lindsay, Esquire,
U
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that
1 served the within Petition to Withdraw as Counsel this day by depositing same in the United
States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Anthony J. Barbera
1440 Northwest 122nd Avenue
Penbroke Pines, Florida 33026
Thomas J, Williams, Esquire
MARTSON, DEARDORFF, WILUAMS & OTTO
Ten East High Street
Carlisle. PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
Car J. Lindsay, Esquire
10 44693
11 East High Street
Carlisle. PA 17013
(717) 243-5513
~~ ow B.."
~I ~
~ ,8,
... 11
I m ..
~ ' I.
, !I
~~ ~ I .
t1 ~
~ .
0\ II
~ .
04
~ m 8,
0\ !B
is .
i .' i'~
.... :y~
-'i-'."'" .--:,'.
:rf:j~~~l~' .
. . ;>;~: :f'lsl',i!' i I
. "(~15
. . )":'1"1" IE r
,;.::~'~.: ::'. .,~.;i. ~: . i ~ i
..' ,.'..'1
-- ,-".,
'-: <,' ','::' ,
..
..
"ii';"
,'" ~>':'I.~-'
'.
. .
Verification
I verify that the statements made in the foregoing document
are true and correct to the best of my knowledge, information and
belief. This Verification is made only as to the factual
averments contained herein, and not to legal conclusions and
averments authored by counsel in his capacity as attorney for the
party or parties hereto. 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.
~
.'l 11L____
~ lS, E. bera
{"......J(~.'.........\u.1o-..1..
'.
DRIi~
LISA E. BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-5089 CIVIL TERM
IN DIVORCE
ANTHONY J. BARBERA.
Defendant
ORDER OF COURT
AND NOW, this 28th day of October
, 1996 . upon
consideration of the attached petition for Alimony Penden:e Lite
and/or counsel fees. it is hereby directed that the parties and
their respective counsel appear before
R.J. Shadday
on November 25, 1996 at 9:00 a.m. for a conference, after which the
conference officer may recommend that an order for Alimony
Pendente Lite be entered.
You are further order to bring to the conference:
(1) a true copy of your most recent Federal Income Tax
Return, 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(c).
(4) verification of child care expenses.
(5) proof of medical coverage which you may have. 0= may
~ave available to you.
l.......-.~-'.'Ta.\Il...iII_'..I..
If you fail to appear for the conference or bring the
required documents, the court may issue a warrant for your
arrest.
I
I
I
I
I
I
I
,
,
I
I
i.
October 28, 1996
BY THE COURT,
Harold E. Sheel~7 ,rresiden.} Judge
Date of Order: ,I ~/,~,_.~...~~
R.J. Shadday, re ce Officer U
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU MAY GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required
by law to comply with the Americans with Disabilities Act of
1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court. please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business
before the court. You must attend the scheduled conference or
hearing.
f"........WClfW.I~\N'l.t.un
DR
LISA E. BARBERA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-5089 CIVIL ACTION
IN DIVORCE
ANTHONY J. BARBERA
Defendant
NOTICE
You are hereby notified that the Cumberland County Court has
scheduled a hearing in the above-captioned case to be held in
Courtroom No. . Fourth Floor. Cumberland County Court
House, Carlisle, Pennsylvania, before the Honorable Judges of
said Court. which hearing you are required to attend on.
at
You are further ordered to bring to the hearing:
1. a true copy of you most recent Federal Income Tax Re:urn. as
filed;
2. your pay stubs for the preceding six months;
3. a completed Income and Expense Statement in the form
attached to this notice; and
4. a statement from your employer of your earnings and
deductions on the enclosed Earnings Report.
If you fail to appear for the hearing the Court may issue a
warrant for your arrest. If you fail to bring the requi.red
documents, the Court may hold you in contempt.
BY THE COURT
Harold E. Sheely
President Judge
Date:
BY
Conference Office~
Enclosures
I' ......IlWrllf\l<.t'l"4MJ,IiaA>lUUlI"....
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA E. BARBERA,
Plaintiff
CIVIL ACTION - LAW
V.
ANTHONY J. BARBERA,
Defendant
NO. 95-5089 CIVIL TERM
IN DIVORCE
ORDBR OF COURT
AND NOW, this
day of
, 1996, upon due
consideration of the attached PETITION FOR ALIMONY PENDENTE LITE,
AND INTERIM COUNSEL FEES, a Rule is issued upon the Defendant to
show cause why the relief sought in Plaintiff's Petition should
not be granted.
Rule returnable at a hearing to be held on
1996 at
o'clock .m., in Courtroom No.
, CUmberland
County Courthouse, Carlisle, Pennsylvania.
BY THE COURT:
, J.
1...."'.~.'~_"-""'...1....
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA E. BARBERA,
Plaintiff
.
.
CIVIL ACTION - LAW
V.
ANTHONY J. BARBERA,
Defendant
NO. 95-5089 CIVIL TERM
IN DIVORCE
PBTITION POR ALIMONY PBHDBNTB LITB,
COUlfSBL FBBS AJfD BXPQSBS
AND NOW, comes Petitioner, Lisa E. Barbera, through William
c. Vohs, Esquire, HANFT & VOHS, and petitions the Court for the
award of alimony pendente lite, counsel fees and expenses
pursuant to Section 3702 of the Divorce Code (23 P.S. Section
3702:
(1) Petitioner is Lisa E. Barbera in the above-captioned
matter.
(2) Respondent is Anthony J. Barbera in the above-captioned
matter.
I. ALIMONY PENDENTE LITE
(3) The allegations of Paragraph 1 and 2 are made a part
hereof and incorporated herein by reference.
(4) Petitioner lacks sufficient property to provide for her
reasonable needs and is unable to support herself through
appropriate employment.
(5) Petitioner requires reaaonable support to adequately
maintain herself during the pendency of this divorce action in
accordance with the standard of living established during the
1.......-lII'1ilf'o'l.I~",A,M...l,."
marriage.
(6) Respondent is financially able to provide for the
reasonable needs of the Petitioner.
WHEREFORE, Petitioner prays that this Honorable Court enter
a maximum fair award for alimony pendente lite during the
pendency of this divorce action.
II. COUNSEL FEES AND EXPENSES
(7) Petitioner has retained the services of HANFT & VOHS
and the counsel fees. costs and expenses for representation in
this action will be substantial and continuing.
(8) Petitioner is without sufficient funds, income or
assets to pay such counsel fees. costs and expenses.
(9) Petitioner will need to retain the services of a
certified public accountant, appraiser and other experts with
regard to this action.
WHEREFORE, Petitioner prays that this Honorable Court enter
an award for preliminary and interim counsel fees, costs and
expenses and to enter a final award of counsel fees, costs and
expenses.
Respectfully submitted,
HANFT & VOHS
W 1 am C. Vohs, Esqu re
Attorney for Petitioner
l' .......................,,.... ... ,t"! tto...
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA E. BARBERA, .
.
Plaintiff . CIVIL ACTION - LAW
.
.
.
V. :
.
.
ANTHONY J. BARBERA, . NO. 95-5089 CIVIL TERM
.
Defendant : IN DIVORCE
CBRTIPICATB OP SBRVICB
AND NOW, this ~ day of September, 1996, I, William C.
Vohs, Esquire, hereby certify that the following persons were
served with a true and correct copy of the Petition for Alimony
Pendente Lite, Counsel Fees and Expenses by United States Mail,
First Class, Postage Prepaid. addressed as follows:
Carol J. Lindsay, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013
HANFT ,& . VO
I
W1 1 C. Vohs, Esqu re
Attorney ID No. 65208
11 West Pomfret Street, Suite
Carlisle, PA 17013
(717)249-5373
{' .,...ll.'alOM.IY.....-......... ..........
DR 25.781
LISA E. UARBEltA .
PLAINTI FF II'ETITIONER
IN TIlE COURT OF COMMON PLEAS OF
CllMUERLAND COUNTY. PENNSYLVANIA
VS
CIVIL ACTION - LAW
ANTIIONY J. BARBERA.
DEFENDANT/RESPONDENT:
NO. 95- 5089 CIVIL TERM
ORDER OF COURT
AND NOW. this 16th day of December, 1996. based upon the Court's detennination that
Petitioner's monthly nct income/earning capacity is Sl!lA. per month and Respondent's monthly net
incomc/caming capacity is S N/ A per month, it is hereby Ordered that the Respondent pay to the
Dlll11eslie Relations Section. Court of Common Pleas, S 400.00 a month payable $ 400.00 ocr month
as alimony pelll.lente lile. effective 9/11/96. Arrears scl al S 1.000.00 as of 12117/96. shall be
payahle at S IlKI.IKI ocr l1111nlh . Firsl paymcnt duc on or before 1/1/97. and cach monlh thereafter.
Cnnsidemlion is I!ivcn filf nlaintil1'hcinl! resoonsible for a (jrst and second mortl!al!e on the marital
hOlllc. This order is to be naid on or before the 20'" dav of each month.
Failure to make cach payment on lime and in full will cause all arrears to become subject to
inum:diate collection hy all of the means as provided by 23 Pa.C.S.t 3703. Further. if the Court
linds. afier hearing. thaI the Respondcnl has willfully failed 10 comply with this Order. it may declare
Ihe Rcspondcnt in civil contempt of Court and ils discretion make an appropriate Order. including.
hut not limited to. commitment of the Respondent to prison lor a period IlOIlo exceed six months.
Paymenls must be made by cash. chl.'Ck or moncy order. Cash paymenls must be made in
person, All checks and money orders must be made payable 10 Domestic Relations Section and
delivered or mailed to Domestic Relations Section, 13 North lIanover Street. P.O. Box 320, Carlisle.
Pennsylvania. 17013. Each paymcnl musl bear your Domeslic Relations number (DR 25.781 ) in
order to be processed.
Respondent is responsible Illr scrvicc li:I.'S of N/A 10 be paid within l!lA. as detennined by
the Domcslic Relations Section.
This Onlcr shall becomc tinalten days ancr thc mailing orthe notice orthe entry orthe Order
tt! the parties unless either Jlarty tilcs a wrillcn dcmand with the Prothonotary for a hearing dc novo
hclilrc lhe Court.
Copies delivered to parties on
Consented:
/;;. .3.-"1("
l'lainti n7Pctitioner
PlaintilT/Petitioner's Allomey
Defendant/Respondent
Defendant/Respondent' 5 Allomey
DRO: R.J. Shadday
cc: pctilioner and respondent
cc: Carol Lindsay, Esq.
cc: William Vohs, Esq.
J.
In -m~~~;?,r;:FnOM RECORD
n:IIJ 1110 '..I " ' , ", '~I'~ ;l~':" ,.":! r../I13....
T ' --- ,) "II! ;~, -: 1" , , ""
hiS ~f'"of:f r., " ..,- :!. t'..l~!l...':\ flJ.
t . ::.' ,~~, 19q~
f'h,.,;:':;" .Q5
Prothonotary
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby
certify that a copy of the foregoing Petition for Contempt was served this dale by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Carol J. Lindsay, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
II East High Street
Carlisle, P A 17013
MARTSON, DEARDORFF, WILLIAMS & OTTO
ricia D. Eckenroad
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: October 28, 1997
\
~
~
DR 25.7111
USA E, BARBERA.
l'I.AINTIFF/PETI'n< IN ER
IN TIlE ('OlIRT OF COMMON PLEAS OF
ClIMBERLAND COIINTY. PENNSYLVANIA
VS
CIVIL ACTION - LAW
ANTIIONY J. BARBERA.
DEFENDANT/RESPONDENT:
NO,95- 50119 CIVIL TERM
ORJ)ER OF COURT
AND NOW. this 16th day of December. 1996. based upon the Court's detennination that
Petitioner's monthly net income/earning capacity is $ N/A per month and Respondent's monthly net
incomclcarning capacity is $ N/A per month. it is hereby Ordered that the Respondent pay to the
Domestic Relations Section. Court of Common Pleas. $ 400.00 a month payable $ 400.00 ocr month
as alimony pendente lite. ellcctivc 9/11/%, Arrears set at $ I.O()O,OO as of 12/17/%. shall be
payahle at $ 11111,00 ocr monlh , First payment due on or bcline 1/1/97. and each n1\ll11h therealier,
('onsidemtion is civen li'r fllaintill' hcinc resflonsible IiII' a Iirst and sccond murtcace on the marital
home, This ordcr is to be flaid on or belilre thc 20'" day of each month.
Failure to make each paymenlontime and in full will cause all arrears to become subjeclto
immediate collection hy alloflhe means as provided by 23 Pa.C.S,9 3703, Further. iflhe Court
Iinds. alier hearing. that the Respondent has willfully lailed to comply with Ihis Order. ilmay declare
the Respondent in civil contemptofCollrl and its diseretionmake an appropriate Order. including.
hutnotlimiled 10. commitmenlofthe Respondenlto prison IiII' a period not to exceed six months,
Payments must be made hy cash. check or money order. Cash payments must be made in
person, All checks and money orders must be made payahle to Domestic Relations Section and
delivered or mailed to Domestic Relations S\.'Ction. 13 North Ilanover Street. 1',0. Box 3:!O. Carlisle.
I'ennsy Iv.lIlia. 17013, Each paymenlmust bear your Domestic Relations numhcrt DR 25.7111 ) in
order to be processed,
Respondent is responsiblc lilr service kes of NIA to he paid within N/A .IS detennined by
the Domestic Relations Sl'Ction,
',!'
I ~ ~.
,-
I"
,
;
I
C
~ '>-
..::r t-:
~' .. . ,; ~"C
r co , ~/
~ '.) ::.:0
";'
j". I:"J
<: ",-
M . ~..')
E~: I ~~;
;a: /..
'.!.J
"'" l:l.
i -. "
lL r- =s
0 0\ U
...
.'
............
,.
C\'All!il\harhcr"\l"Ujll1l1UC.I~1 lik ''''JlIlI.').'.II~ lul\ ~.I.I'rl7
LISA E. BARBERA,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
CIVIL ACTION. LAW
vs.
ANTHONY J. BARBERA,
Defendant/Respondent
9"-
NO. lIi-S089 CIVIL TERM
DR # 2S,781
, 1997, upon consideration of
the within Petition for Continuance. the hearing s
Office of Domestic Relations is hereby ordered and directed to provide to the parties and their
counsel notice of the next available hearing date at which time the Petition and Appeal shall be
heard,
By the Court,
'"
\,
J.
cc: C.,oI J lNtd..,.. ht,,,...
WII~am c. Vah.. [.4U".
~f\Cki J Sh.:::~H~:{"'.; lj;;i 9'1.
....... . ,
... ,.
RlED-OFFlCE
O~ -,,~ - -'''\1''''' ''''T' "'.J
r ;! ,- 1..1..., "_;",;.)J."I
91 JUl. 2,! PI, 3: no
CU'::''', ,',' ::..:"
r...,_ _' ,. "I.. .....: t
F;::N: ~'~:.i~.'''..\: ",
l':\"'l\.~I\h;trhc:r.l\l"Ill\llnll\:l~ 1 IIh' , 1'.11111-"'.111 luh 11.l'r17 '
LISA E. BARBERA,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
CIVIL ACTION. LAW
'1r'
NO. 91.5089 CIVIL TERM
DR # 25,781
vs.
ANTHONY J. BARBERA,
Defendant/Respondent
PETITION FOR CONTINUANCE
1, By Order of July 14. 1997. this Honorable Court has set July 31, 1997 at 9:30 a,m.
as the time for a hearing on an appeal of the entry of an Order of alimony pendente lite and a
hearing on a Petition for contempt filed by the Office of Domestic Relations due to non-payment
of the APL Order,
2. The undersigned represents Anthony J, Barbera and will be on vacation out of State
on July 31, 1997.
3. The undersigned respectfully requests a continuance of the APL appeal and
contempt hearing to the following week or such time as the Court schedule permits,
4. Counsel for the Petitioner objects to the continuance,
WHEREFORE, counsel for Respondent requests this Honorable Court to continue the
hearing set for July 31, 1997.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Defendant/Respondent
By:
y, Esquire
r:\wp.~I\harhc:ra\l't1nlmU\"'I~1 hit: I.NIIO..J~.1I2 .Iul~ 1.1.1."" .
\,ERIFICA liON
I, the undersigned, hereby verify that the statements made herein 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: J/v 1/(7
(,:\"11~I\h..r1I!.:r;I\l'Il,iII1lIU:_11\:1 Ilk '-I'.H~I.'~ 111 luh 11.I'rJ'
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
CIVIL ACTION. LAW
LISA E. BARBERA,
Plaintiff/Petitioner
ANTHONY J. BARBERA,
Defendant/Respondent
NO. 96.5089 CIVIL TERM
DR # 25,781
CERTIFICATE OF SERVICE
AND now, this ?Y day of
, 1997. I, Carol J, Lindsay, Esquire,
of the law firm of FLOWER, MORGENTH L, FLOWER & LINDSAY Attorneys, hereby certify that
I served the within PETITION FOR CONTINUANCE this day by depositing same in the United
States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
William C, Vohs, Esquire
HANFT & VOHS
11 West Pomfret Street, Suite 2
Carlisle, PA 17013
Ricki J, Shadday, Conference Officer
OFFICE OF DOMESTIC RELATIONS
13 North Hanover Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Defendant/Respondent
By__
I J. Lind y, Esquire
# 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
~ C' ~
.:J .,.
.
~ .. " .'
~g -
- .
.,... "
{ , . ..,~-
1-.~ . .-:.: ,.
0....
~t ,
-'1' ~. .'
t"
Uj-' . '..
[t\:: .,.
.', 1"':'-; .l..
1'. "".
u. r- :5
0 r;r u
LFIII:S'OAfAfIU. (J(-M)(J('o.IlI ~lIl11-UMn
CrralN OI:lSq"OUlfllP\l
R~iwd OI'I~Vlfl,)lI5P\l
LISA E. BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95.5089
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
ORDER
-tL
AND NOW, this Ib day of January, 1998, upon consideration of the Petition of Defendant's
attorney to withdraw, and the answer filed on behalf of Plaint,.. it is hereby ordered as follows:
I. Defense counsel is permitted to withdraw upon ~ days notice upon Defendant prior
to the effective date of such withdrawal;
2. At or prior to such withdrawal, counsel for Defendant shall file of record an address
wherein service on Defendant may be made; and
3. No delay of the pending divorce litigation and related matters will be considered
based solely upon counsel's withdrawal as attorney for Defendant.
~
f
~
~'
-
~
....
..........
, .....
I ~...
"~
~/
>;: .:r r-
L.
;.3:: v:
11;:.- .. ' .
(), - .
r.: ~
,", . ,
'(<'
U' ....:'
U,"
."
LL " ~.
I' ~ "
- .;J...
l5 co:: :.'\
C!1 "..)
,'~ ~.
LI SA BARBERA,
PIa inti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
95-5089 CIVIL TERM
DR 25,781
V.
ANTHONY J. BARBERA,
Defendant
IN RE: ALIMONY ~ENDENTE LITE
ORDER, Of COURT
AND NOH, December 11, 1997, 10:17 a,m" on the
defendant's appeal from the recommended order of alimony
pendente lite, after hearing and consideration of the testimony
presented. we do direct that the defendant shall pay alimony
pendente lite of S400,OO per month, with the effective date
being September 11. 1996,
A contempt petition has concurrently been filed with
this appeal alleging that the defendant has not made any payment
on the Order since it was entered on September 11, 1996.
Examination of D.R,O, records indicate that the defendant has
not made 0 single payment since the date of the Order,
Therefore, we make the Rule absolute and we do find the
defendant to be in contempt of our prior order directing
payment,
Having found the defendant to be in contempt. we
sentence him to a term of imprisonment in the Cumberland County
Prison of three months. We give the defendant an opportunity to
purge himself of this contempt and of this jail sentence by
immediately making his monthly payment of $400,00. plus on
additional S100.00 per month on the accrued arrearage
Should these poyment~ not begIn WIthin thirty days of
96-5089 CIVIL TERM
PAGE 2
today's dote, we direct that 0 bench warrant sholl issue for the
defendant's arrest,
We direct plaintiff's counsel to monitor the situation
with the D,R.O. so that counsel con remind D,R,O, since D,R.O.
has many other cases to monitor.
By the Court,
Georg
D,R.O,
Thomas J. Williams, ESQUire> 1:1/12/11
For the Plaintiff ~~~~
,\,\cUJl.,. d
Carol J. Lindsay, ESQuire .
For the Defendant ' ',; '--.... ,
:mtf
.
>- N ?::
~ co..:
0 C, . ~ of..(
~~; , -,;;",
:r.: . ,.
....:-:
? ....:: _.:.J
~(> N ".",:.;
E~ "_. (;J
I 1..::::
~: 'Z
u:~t: -- .!JUj
i=' oa , Ll a.. ,
-, ....
Lt. ~ 5
0 0'\ U
.-
LISA E. BARBERA,
Plaintiff
vs.
ANTHONY J. BARBERA,
Defendant
po
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-5089 CIVIL
IN DIVORCE
IN RE: PLAINTIFF'S MOTION TO COMPEL
AND NOW, this
ORDER
20'
day of April, 1998, a brief argument on the plaintiff's
motion to compel is set for Thursday, May 7, 1998, at 3:30 p.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, PA,
Thomas J. Williams, Esquire
For the Plaintiff
Mark K. Emery, Esquire
For the Defendant
:rlm
BY THE COURT.
(\ ~ t"ll'\,(\d....( If / .:u/ q 8 .
""\) n J '6' .
LISA E. BARBERA.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. 95-5089
ANTHONY J. BARBERA.
Defendant
IN DIVORCE
ORDER
AND NOW. this _ day of April. 1998. in consideration of the foregoing Pelition.
Defendant is hereby Ordered and Directed to file supplemental answers to Plaintiff's Interrogatories
within days of the date of this Order containing the infonnation requested in the
Interrogatories.
If Defendant fails to file supplemental answers to Interrogatories within the time period set
forth above containing the infonnation requested in the Interrogatories. he shall be precluded from
introducing evidence at the Master's Hearing regarding the subject matter of the infonnation
requested.
BY THE COURT.
George E. Hoffer. PJ,
f '11 ~.S OATAFII f{jF.N[)()(VI.QOOI.Mnr lldt
Outed m'n'" II ~'lnAM
MrollN lW'U~II(lflll"M
LISA E. BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-5089
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
PLAINTIFF'S MOTION TO COMPEL
AND NOW, comes Plaintiff, Lisa Barbera, by and through her attorneys, MARTSON,
DEARDORFF, WILLIAMS & orro, pursuant to Pa. R.C.P. ~4019, and, in support thereof,
avers as follows:
1. Plaintiff served thirteen (13) interrogatories on Defendant's former counsel on or
about December I I, 1997.
2. Defendant's present counsel promised answers to these Interrogatories by the
Master's Pre-Hearing Conference on March 17, 1998.
3. The Answer were actually received on March 18, 1998, the day after the Master's
Pre-Hearing Conference. A copy of said Answers are attached hereto as Exhibit" A."
4. The Answers to Inlerrogatories are woefully inadequate in the following respects:
a, Interrogatory No. 1 asks concerning employment agreements. No details on
these are provided. Income information was provided in the form of a few
weeks worth of check stubs in response to Interrogatory No, 4, Each of those
varies as to the truck rental income and also as to the charge/credits deducled
each week, without explanation.
b. In the answer to Interrogatory No, 5, a reference is made to credit cards (Visa
and MasterCard). a car payment and a motorcycle payment Interrogatory
No, 6 asks for details of these and none is provided; instead, there is an
improper altcmptto limilthat1nterrogatory to "marital liabilities. "
c. Interrogatory No, 11 asks for asset information, Again, nothing is provided
about the car or the motorcycle or. for lhat malter, the dog thaI is menlioned
in Defendant's Answer to Interrogatory No.5, Defendant has taken the
position throughoullhis litigation thaI he has no place of residence and lives
out of his truck, making his claim of expenses related to his dog something
that he should explain.
d. Interrogatory No. 13 asks for inlbnnation regarding applications for loans or
for credit. A simple statement is made that all applications were made prior
to separation and are known to Plaintiff. Applications with reg:;rd to the
credit cards, the car and the motorcycle financing were obviously made after
the separation and are not known to Plaintiff.
5. On March 30, 1998, counsel for Plaintiff wrote to counsel for Defendant requesting
supplemental answers within a reasonable time providing the above missing details. In response,
counsel for Defendant wrote that he considered the answers to Interrogatories satisfaclory, bUI that
he would see ifhe could get what he could as far as additional details, with no promises being made
as to the compleleness of the infonnation or the timeliness.
6. A Master's Hearing in this case is scheduled for June 25, 1998.
WHEREFORE, Plaintiff prays Your Honorable Court to Order and Direct Defendant to file
supplemental answers to Plaintiffs Interrogatories containing the complete infonnation requested
or be precluded from introducing evidence regarding same al the Master's Hearing.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & aTIO
B'~:;l&.:J!..:.
Ten Easl High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attomeys for Plaintiff
Date: April 15, 1998
F \fILUOATAlILM!HDOCtI\tca-IHT 1'*
C,....II)'UIl1II.SUOA..
.~; OlfUotIDI.4709'M
,
LISA E. BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-5089
ANTHONY 1. BARBERA,
Defendant
IN DIVORCE
PI.AINTlFF'S INTERROGATORIES DIRECTED TO DEFENDANT
TO: ANTHONY J. BARBERA, Defendant
Enclosed are Interrogatories propounded by Plaintiff to be answered under oath by the
aforesaid Defendant pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of
service hereof. A copy of said Answers sba11 be served upon counsel for Plaintiff at the address
below.
These Interrogatories shall be deemed to be continuing Interrogatories and if, between the
time of your Answers to said Interrogatories and the time of trial of this case, you or anyone
acting in your behalf learn of any further information not contained in your said Answers, you
shall promptly furnish said infonnation to the undersigned by supplemental answers.
Unless otherwise specified, response to the following Interrogatories shall give the
requested infonnation for the period from January,l, 1992, to the present (hereinafter sometimes
referred to as the "time period").
It is hereby cerofied that a true and correct copy of these Interrogatories was mailed to
counsel for the Defendant on this date by the undersigned.
MARTSON. DEARDORFF, WILLIAMS &. OTTO
BYS~) ~~
Thomas J. Williams, Esquire
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Dale: January 22, 1998
Interrogatory No. I
Identify all of your employers and state your job title(s). If there is/are a written
agreement(s) or contract(s) of employment to which you are a party. even if you are self-employed
or conduct a business or profession as a sole proprietor. partner or corporation. identify it/them
and attach a copy(ies). Similarly. if there is/are an oral agreement(s) or contract(s) of employment
to which you are a party. please state and describe its/their terms.
ANSWER:
Independent Contractor - truck driver, current oral
contract with Diamond-Fox Transportation System.
Interrogatory No, 2
Regarding your employment income:
A. Are you compensated on a salary basis?
B. For each of your jobs state in full:
(i) Your gross employment income per hour, week, month and/or year;
(ii) The number of hours per week lhat you normally work;
(iii) Whether you receive additional compensation for overtime work and, if so,
the rate of pay received for overtime work and the average IWIDber of hours
of overtime you work per week or month;
(iv) The dates on which you are paid for both regular and overtime work;
(v) The amount of your gross earnings from any and all employment income
of any nature for each of the past four (4) years and the current year;
(vi) List all bonuses earned by you for each of the past four (4) years and to
date this year, including the date the bonus was paid or will be paid and the
gross and net amount thereof;
(vii) Whether during the past two (2) years you lost any time in the excess of
two (2) weeks from work as a result of any of the following: (state the
approximate amount of time and salary lost for each cause):
a. Illness:
b. Absences for personal reasons other than illness (explain
reasons) :
(viii) The exact amount of your take-home pay for each of the past thirteen (13)
pay periods. Designate the date of the pay perioos involved. Please attach
copies of your pay stubs for said pay periods;
(ix) The amount deducted from your gross salary per pay period for each of the
following:
a. Federal Income Tax;
b. State Income Tax;
c. Social Security Contribution;
d. Life Insurance;
e. Health Insurance;
f. Pension PIan(s);
g. Profit-Sharing Plan(s);
h. Union Dues or Assessments;
i. Credit Union Payments (give details);
j. Wage Assignments (give details);
k. Charitable Contributions;
I. Savings Plan(s);
m. Employees Welfare Fund; and
n. Any other (specify in detail);
(x) Please provide the name and address of each bookkeeper, payroll clerk or
other person who has custody of records of sa1arits, commissioos, bomJses,
allowances, expenses or any other sums of money paid to you by your
present employer(s) during the term of your employment.
ANSWER:
A. No.
B. (i) 1997 gross income totaled $105,376.84.
(ii) 70
(iii) No
(iv) Wednesday of each week
(v) All information has been provided
(vi) None
(vii) None
(viii) See attached
(ix) None, except for $250.00 per week to Diamond Transport for
loan to repair truck, current outstanding balance is $5,200.00.
Wage attachment through Domestic Relations Office.
Interrogatory U2 (cont.)
(x) N/A
Interrogatory No.3
Do you receive, or have you received during the past five (5) years, any gift, stipend,
contribution, compensation, gratuities, benefits, services or goods from any source, business or
otherwise. for any of the follOwing personal expenses? Identify the source, the dates and amounts
of payments or goods or services, the purpose of the payments or goods or services, the name and
address and the relationship to you of the provider of each payment or good or service:
A. Living accommodations, including utilities and related expenses;
B. Food, household products and sundries;
C. Automobile;
D. Clothing;
E. Recreation, entertainment (e.g. club memberships, dues, etc.);
F. Vacation or travel;
G. Medical/dental care or insurance;
H. Life insurance;
I. Other insurance;
J. Retirement or pension benefits;
K. Education;
L. Legal fees;
M. Other (specify).
ANSWER:
No.
I_~U
01/21/98
I,-.AL
058653
PAV__
RBT NO.
1lEHTM.
0WlllfICIElITI _ 1lEHTM.
01/07198
3766-0
3,918.09 -1,962.30 1,955.79
DIRECT ~EPOSlt:::@~mND
DATE A ?1
...."')J Ir _&1DI....1IC.
'4__.--....-...
I_~U
01/28/98
I., "AL]
058699
PAV__
RBTNO. 1lEHTM. ~ __II.
01/14/98
3766-0 5,100,81 4,183,11 917,70
~OND
IIIIICIII)r" _.."........
'.0._..,.-.---
r"AL \
\QIEOlIlA,. I 058587
01/07/99
FUET NO. _AI.
~"VptIIOll_ 6 "'S
3766-0 3,72 ...
12/24/97
DIRECT DEPO~oND
DATE.-JJ
QWU1ICAEIl'T'8 NET_AI.
-933.36 2,792.92
......w AI",......-
P'O'_..,.....~...
:R
l-llA,.
01/14/99
l'AV__
I;._AL/
058619
~NO. ~.-&. Q~ -_AI.
12/31/97
3766-0 979.45 -715.04 264.41
R
DIRECT DEPO~OND
DATE II, rf
....~JJI. _1A1IOII___.
P.a._........_..
I~~q
12/17/97
I '
1','._1
058449
~AV__
I'U!lETHO.
flB(TAI.
I.o...a!JClBllS NET flB(TAI.
12/03/97
3766-0
1,770.81 -1,498.50
272.31
DIRECT DEPO~OND
'DATE I J111
....r.. _.tA...........1IC.
''O'_I_......~...
:R
I~~q
12/24/97
~:):--,I
058499
I'AV__
I'U!lETHO.
flB(TAI.
OLrJ'OflCliBJTl NlTMNrAL
12/10/97
3766-0
2,828.62 -1,361,08 1,467.54
:R
DIRECT DEPO~oND
DATE~
....-- _1.........11:.
,.0._.,....._...
'-RAL I
IOI!*~~
12/03/97
058363
11/19/97
f\&T1lll PENTA&. a_ N!TPENTA&.
3766-0 864.14 -576.50 287.64
~"V__
:R
DIRECT DEP~oND
DATE I ~,
~rA ~.TA""1WI1IM.1IC.
P'O'..__..........-...
IOI!*~~
12/10/97
\1IlUIil"Ai.
,':":,!~
058412
PAV__
11/26/97
f\&T1lll
PENTA&.
Q1It. _~' ..-,. NET...,.,.,.
3766-0
3.'04.16 -2,0'6.68 1.447.48
:R
DIRECT DEPOS@oND
DATE pliO
.....- ~..,....-
'4_..,......--...
Answer to Interrogatory No. 5
Second Mortgage
Trock payment
Trock insurance
Visa
Mastercard
Car payment
Car insurance
Motorcycle
Motorcycle insurance
Loan from Diamond Transport
Trock expenses: (estimAt"'l)
Fuel
Repairs
Maintenance
$ 168.00
1139.30
460.16
400.00
200.00
515.73
115.00
315.36
1 00.00
1000.00
Food
Phone cards
Clothing
Dog Food
Veterinary bills
APL
Showers
Toiletries
2200.00
1000.00
500.00
1000.00
40.00
100.00
100.00
25.00
500.00
155.00
108.50
Interrogatory No.6
Identify any and all expenses, liabilities or obligations of whatever nature, including a list
of credit card accounts, that you may have, and for each, please state:
A. The nature of the liability or Obligation;
B. Date acquired;
C. The identity of the creditor or obligee;
D. The amount of the original liability or obligation;
E. The outstanding balance, if any;
F. The account number;
G. The amount and frequency of payments thereon.
ANSWER:
All marital liabilities, of which such information is known
to Plaintiff. For additional information, see Answers to
Interlogatory No.5.
Interrogatory No.7
If you now own or hold from past or present employment and/or military service, or
expect to own or hold at any time within the next ten (10) years if you continue your present
employment and/or military service, any interest, whether as a beneficiary, owner, participant or
otherwise in any pension, stock purchase option, retirement, profit sharing, life insurance,
deferred compensation, or other employee or employment benefit plan or any Keogh, HR-IO,
401(k), individual retirement account or other benefit plan, provide the following:
A. If there is a written contract or description of such plans, attach copies of all such
documents and identify them;
B. The specific inclusive time periods during which contributions were made to such
plan by you or by anyone else for your benefit and the specific dates and amounts
of all individual contributions;
C. If your benefits and rights in and to such plan have not entirely vested in you, the
earliest date on which they will commence to vest, the degree to which they are
vested in you at this time, and the date by which they will be completely vested in
you;
D. The earliest date on which you could withdraw funds from such plan and the
amount or portion of benefits you would be entitled to withdraw at that time;
E. State the present cash value of any such plan, identifying the source of your
information, and identify and attach copies of any documents in support thereof.
ANSWER:
N/A
Interrogatory No. 10
Identify and describe all real estate in which you have an interest and for each property
stale the deed book reference, the purchase price, the mortgage book reference and amount of any
mortgages. the current market value, the identity of any and all co-owners, and the nature of the
interest each owner, including yourself, has in the property.
ANSWER:
Marital property located at 357 Pine Grove Road.
All such information is know to the Plaintiff.
Interrogatory No. 11
Please list all assets of any nature whatsoever, marital and/or non-marital, which are
owned, possessed or controlled by you individually or jointly with any other person(s) or
entity(ies) or by another for you in trust or for your benefit, or in which you claim to have an
interest of any nature whatsoever, at this time or at any time during the preceding five (5) years.
For each asset, please provide the date of acquisition, purchase price or acquisition value, present
cash value and the nature and amount of any debt or encumbrance.
Identify and state your relation, if any, to any person or persons who hold any of Ihe above
assets jointly wilh you or share in any way in the ownership or control of those assets with you.
If you have sold any assets, please provide the date sold, to whom it was sold, where it
was sold, and the amount received for said asset.
ANSWER:
Marital home, Ford Bronco, Chevy Camaro, Bass Tracker,
Truck.
All such information is known to the Plaintiff.
Inlerrogatory No. 12
If at any time during the three (3) years immedialely preceding the filing of this action of
divorce, or at any time since the filing of this action, you have placed any gifts or assets of any
nature or type whatsoever into the possession, ownership, care, control, name, title or custody
of any other person, company or entity, provide:
A. A complete description of the ilems, assets of interests, including a reference to any
applicable account or certificale numbers, title numbers, policy numbers, registration numbers,
serial numbers, brand designations or the like;
B. The identity of the transferee and your relationship thereto;
C. Its value on the dale of transfer and on the dale of separation, stating the dale of
transfer and the consideration which was received, if any; and
D. The disposition of the proceeds.
ANSWER:
N/A
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby
certify that a copy of the foregoing Plaintiffs Motion to Compel served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mark K. Emery, Esquire
FENSTERMACHER AND ASSOCIATES, P.C.
The Graystone Tavem
5115 East Trindle Road
Mechanicsburg, P A 17055
MARTSON, DEARDORFF, WILLIAMS & OTIO
~~i-i) ~
~=~ighStreet
Carlisle, PA 17013
(717) 243-3341
Dated: April IS, 1998
LISA E. BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
95-5089 CIVIL
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
IN RE: PLAINTIFF'S MOTION TO COMPEL
ORDER
AND NOW, this
I"
day of May. 1998, it appearing that counsel for the
defendant is making a good faith effort for compliance in this case, action on the within motion
BY THE COURT.
10 compel is DEFERRED on the condition that the defendant continue to supplement answers to
interrogatories and provide tax returns as they become available.
--1\t..' /1/L
Kevin A. Hess. J.
Thomas J. Williams, Esquire
For the Plaintiff
.'
Mark K. Emery, Esquire
For the Defendant
_ ~..... ._~~ sj"Jq&,
.A 1'.
:rlm
. ..
LISA E. BARBERA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 95-5089 CIVIL
ANTHONY J. BARBERA,
Defendant IN DIVORCE
IN RE: DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES
ORDER
AND NOW, this
'-(,.
day of June, 1998, a rule is issued on Ihe plaintiff to
show cause why the relief requested in the within motion ought not to be granted. This rule
returnable fifteen (15) days after service,
BY THE COURT.
,.. -1.i // L
Kevin A. Hess, J.
/
_'~. "....1:- ;,i .~.'\ ~
,
'\ "
(: \'
. '..
(,(\
, ", '. :- ~
'1' \ I ,.
\,':' ~"l .
\.:'.'. J~' . " ,..~{
",V '.. "
. ': ",-'
("...:.,\, ", ,...:\'.." .
\,\:.,.,
.~
~~
~
~
.1
~
~
~
(~
.
..
.
.
. ,'.
.
.
!
~
. .
.~HER AND ASSOC~
-nEGMYSlOlI1l\IIRI lES, RC.
IUI_~h
~ -
~1_
~y ai_
..
~:
J~
,
,
,
LISA BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 95-5089 Civil
v.
ANTHONY J. BARBERA.
Defendant
IN DIVORCE
DEFENDANT'S MOTION TO COMPEL ANSWERS TO
INTERROGATORIES
AND NOW comes the Defendant. Anthony J. Barbera. by and
through his attorneys, the Offices of Fenstermacher and
Associates, P.C., and files this Motion to Compel Answers to
Interrogatories. as follows:
1. Defendant served Interrogatories upon Plaintiff on
April 17, 1998. A copy of the Interrogatories are attached and
incorporated herein as Exhibit "A".
2. As of this date, Plaintiff has not served her Anewere
to Interrogatories.
3. A Master's Hearing on this case is scheduled for June
25, 1998.
4. The undersigned has attempted to contact Plaintiff's
couneel prior to the filing of the instant Motion, but has not
been successful; and therefore it is assumed that Plaintiff does
not concur.
5. Judge Hess has previously ruled in this action on
Plaintiff's Motion to Compel.
WHEREFORE, Defendant respectfully requests this Honorable
Court Order Plaintiff to serve full and complete Answers to
Interrogatories by no later than within 20 days, or
alternatively, within 7 days prior to the scheduled Master's
Hearing, or be precluded from introducing any evidence regarding
information requested in the Interrogatories at the Master's
Hearing. and all other sanctions deemed appropriate.
Reepectfully submitted.
FENSTERMACHER AND ASSOCIATES, P,C.
By:
.;";~~/ :.Y:/ a----
/c<c--~. ~~~
John R. Fenstermacher
Supreme Court I.D. #29940
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Defendant
DATED: 7-.))- 9y
LISA BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO: 95-5089 Civil
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
DEFENDANT'S SECOND SET OF INTERROGATORIES
PROPOUNDED UPON THE PLAINTIFF
TO: THOMAS J. WILLIAMS, ESQUIRE
MARTSON, DEARDORFF, WILLIAMS AND OTTO
10 EAST HIGH STREET
CARLISLE, PA 17013
These Interrogatories are propounded pursuant to the
Pennsylvania Rules of Civil Procedure and are to be answered by
the Plaintiff in accordance therewith. Plaintiff is required to
answer these Interrogatories in writing under oath, based upon all
information available to her and to her attorneys, employees, and
other agents, or representatives. Plaintiff is also required to
serve answers to these Interrogatories within thirty (301 days, to
the offices of Defendant's counsel. Fenstermacher and Associates,
P.C., 5115 Eaet Trindle Road, Mechanicsburg, Pennsylvania 17055,
and supplement their answers in accordance with the Pennsylvania
Rules of Civil Procedure.
These Interrogatories are to be answered by the
Plaintiff, Lisa Barbera.
INSTRUCTIONS
A. The words "you" or "your" when used herein refer to
Lisa Barbera, her agents, servants and/or employees.
B. "Identity" when used herein with respect to an
individual means to state: (1) the person's full name and present
or last known address; and, (2) the person's position, employer
and employer's address at the time of the events referred to in
the Interrogatory.
c. "Identify" when used herein with respect to an
entity other than an individual (e.g., a corporation, partnership,
unincorporated association, governmental agency, etc.), or a
division or subdivision thereof, means to state the full name and
present or last known address of the entity, and, if applicable,
the full name and present or last known address of the entity's
division or subdivision.
D. "Document" when used herein means any record,
including any object containing written, printed, or magnetically
recorded information, a graphic or photographic representation, or
sound. "Document" includes the original or any copy of any
statement, report, letter, memorandum, book, article, note,
blueprint, drawing, sketch, photograph, motion picture, videotape,
sound recording. "Document" also includes any card, disc, tape,
printout or any other article designed for use with a computer or
other word or data processing system.
E. "Identify" when used herein with respect to a
document means to state: (1) the nature of the document (Le.,
whether it is a statement, report, etc.); (2) the title of the
document, or, if the document has no title, a description of the
document; (3) the identity of the person or persons who prepared
the document; (4) the identity of the person or persons for whom
the document was prepared or to whom the document was directed;
(5) the date the document was prepared; and, (6) the identity of
the present custodian of the document or any copy of the document.
1. Identify all marital property or assets in your
possession, or in which you have had any interest within the last
three (3) years and, in addition, identify:
a. Its date of acquisition;
purchase;
b. Purchase price or consideration provided to
c. Present cash value;
d. All liens or encumbrances; and
e. The location and nature of all documents
evidencing the purchase and current value.
ANSWER:
2. Identify all marital property or assets which you have
sold in the last three (3) years, and, in addition, identify:
sale;
a. The selling price or consideration received for
b. The individual to whom it was sold; and
c. The location and nature of all documents, including
contracts for sale, evidencing the sale.
ANSWER:
3. Identify all non-marital property or assets in your
possession or in which you have any interest whatsoever within
the last three (3) years, and, in addition, identify:
a. Its date of acquisition;
purchase;
b. Purchase price or consideration provided to
c. Present cash value;
d. All liens or encumbrances; and
e. The location and nature of all documents
evidencing the purchase and current value.
ANSWER:
4.
performed
Gardners,
Identify the current location of all appraisals
on the marital home located at 357 Pine Grove Road,
PA, and, in addition, identify:
a. The appraised value; and
b. The individual who conducted the appraisal.
ANSWER:
5. Identify any and all debts and/or liabilities which you
are presently aware of for which you are liable, either
individually or jointly with another person, and, in addition,
identify:
a. The date such debt or liability was incurred;
b. The monthly ~ayment on such debt or liability;
c. The current outstanding balance for such debt or
liability; and
d. All other individuals jointly liable for such debt
or liability.
ANSWER:
6. Identify your monthly expenses, in detail, including,
but not limited to, mortgage, clothing, food, utilities,
telephone, transportation and auto, medical and dental, insurance
of any nature, loan payments, taxes and any other items.
ANSWER:
8. Do you anticipate receipt of any devise, bequest, gift
or inheritance? If so, set forth:
a. When receip~ is anticipated;
b. Amount to be received;
c. From whom the receipt is anticipated; and
d. Attach any documents in support of such bequest,
devise, gift or inheritance.
ANSWER:
9. State the extent, type and location of all books,
papers, records, journals or other documents in your possession
or control which would reflect your income or assets. Attach a
copy of each such document. Also, attach a copy of your current
financial statement.
ANSWER:
10. State whether there is any money owing to you whether
by an individual, partnership, or corporation, including but not
limited to, judgments, notes, contract rights, loans,
assignments, etc. and set forth:
a. Nature and amount of each obligation and date
incurred;
b.
Name and address of each debtor;
c.
Conditions of payment;
d.
Consideration given;
e.
Collateral or security for obligations;
f.
Current balance due; and
g.
and attach.
Any writing indicating proof of debt or obligation
ANSWER:
12. Do you have any other businesses or business interests
not referred to previously in these interrogatories? (Business
interest includes any venture which is pursued either
individually or jointly with another individual or entity.)
Please list each business interest and indicate the value, as
well as the yearly income therefrom.
ANSWER:
13. Set forth all gifts and inheritances received, either
in money or some other form, from the date of your marriage until
the present, providing:
a. Date received;
b. Item received and value at time received;
c. Value at time of separation;
d. Name and address of person, firm or corporation
from which received;
e. Reasons or basis for receipt;
f. If sold, date of sale;
g. Consideration received; and
h. Disposition of the proceeds.
ANSWER:
FENSTERMACHER AND ASSOCIATES, P.C.
By: ~
Mark I Emery, Esquire
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
CERTIFICATE OF SERVICE
AND NOW, on this
n
AI" (
, 1998, I,
day of
Mark K. Emery, Esquire, hereby certify that I have served the
foregoing Defendant's Second Set of Interrogatories by mailing a
true and correct copy by United States first class mail, addressed
as follows:
THOMAS J. WILLIAMS, ESQUIRE
HARTSON, DEARDORFF, WILLIAMS AND OTTO
10 EAST HIGH STREET
CARLISLE, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
By: h/
Mark I K. ' Emery
,
LISA E. BARBERA,
Plainti IT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-5089
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
, I "., ORDER
AND NOW, this r:t day of January, 1998, upon consideration of the Petition of
Defendant's counsel to withdraw, and the Answer tiled by PlaintilT, it is hereby ORDERED and
DECREED as follows:
I. Carol J. Lindsay, Esquire is penniued to withdraw as counsel for Defendant,
Anthony J. Barbera.
2. The withdraw of counsel shall not be a reason or excuse for any delay on the
part of Defendant with respect to either a proceeding related to this divorce,
or an obligation to cooperate and/or provide infonnation as required by
applicable Rules of Procedure.
J.
.
,
t
!
J
l
~
~
F:'t1t t-SOAT AFlI.Etil N(XJ(VRl,It...A.S!i IIde'
('raIN: In'2J'9111 ~Ull M.t
Rl\l-.1 OI",,,,~uH95<1P"
LISA E. BARBERA,
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
v.
NO. 95-5089
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
PLAINTIFF'S ANSWER WITH NEW MATTER
TO PETITION TO WITHDRAW AS COUNSEL
AND NOW, comes the PlaintilT, by and through her attomeys, MARTSON, DEARDORFF,
WILLIAMS & OTTO and hereby responds to the Petition to Withdraw as Counsel as follows:
I. Admitted.
2. Denied. After reasonable investigation, PlaintilT is without knowledge or infonnation
sufficient to fonn a belief as to the disagreements between Defendant and his counsel.
3. Admitted. By way of further answer, the reason why the Divorce Master has not
already been appointed is because Defendant has not provided the infonnation requested.
NEW MATTER
4. There are interrogatories outstanding from Defendant which are now overdue.
5. Defendant has been uncooperative throughout this case, with the only cooperation
received by virtue of his attorney.
WHEREFORE, Plaintiff has no objection to Defendant's counsel withdrawing, provided that
the Court specifically order that this will not in any way delay, or be a ground or reason for delay,
of any proceeding in this lawsuit or obligation on the part of Defendant to cooperate as required by
the Rules of Procedure. PlaintilT would have no objection to an Order being issued by the Court in
the fonn attached.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
n:;.f:; J/::!.:::
Ten East High Street
Carlisle, PA 17013
(717) 243-334\
Dated: January 9, \998
Attorneys lilr Plaintitl.
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby
certify that a copy of the foregoing Plaintilrs Answer to Petition to Withdraw as Counsel was served
this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
Carol J. Lindsay, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
II East High Street
Carlisle,PA 17013
MARTSON, DEARDORFF, WILLIAMS & OTTO
~{)~
Tricia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 9, 1998
V5.
ANTHONY J, BARBERA,
Defendant
.
-.
LISA E, BARBERA,
Plaintiff
DATE:
-' ~~ 11\: Q~
'(, flllh
-
--'
/ 2It.I( (6
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95 - 5089 CIVIL
19
IN DIVORCE
STATUS SHEET
ACTIVITIES:
,~~. 10 <:8.lt'171~~11\
~
,.1 . '" ,... i ('"
I (1'/1( ,,/ ,/>'1</,,,.,
/
/t.,. . .1 "
, ~/__. ("'f I II I I
,
".,;' ., / __. J J ./ (. / '" ((""
c(.. . ;-.' .1 ,:.,./,.;,..d ../;/II,,!
.:.- J ~ .~' I
'-~ .-......
.'~) "
~ I (. . (.. ,,.1 (,.
:, 1",./
,
" " ,,( .
, I
, ,. If -(t
't ",
,.~ t"
/
." /. '/' .J
f ' ~ .
1 ,
'f '
.. / ~ '
I
.i
.. i
"
. ,',
, .
I
I .
nt:<IH''-I,.l -,kr.t (,~ <j ,.......--r;;;.,'\ft'\Ioo1..A,..IJa."',,'../rv..7;J,.'-'.
~.x-..,~.,..:t...,,~_;JiIl:4...,..... .'tllttrA(~1'tkll.{ , 'l..1171 "'if,
6 1.J.A-.... '{'~LC.o.~ 1~(LVl ~;j-
.
"
OFFICE OF DIVORCE MASTER
CUM8ERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
IE. Robert Elicker, II
Divorce Masler
Tr.cl ",0 Colyer
Office ManagerlReporter
We.t Shore
697-0371 Ext. 6535
January 21, 1998
Anthony J. Barbera
1440 Northwest 122nd Avenue
Penbroke pines, Florida 33026
RE: Lisa E, Barbera vs, Anthony J, Barbera
No. 95 - 5089 civil
In Divorce
Dear Mr, Barbera:
By order of Court of President Judge George E. Hoffer of
cumberland County, Pennsylvania, dated January 16, 1998, I have
been appointed Master in the above referenced divorce
proceedings,
A complaint in divorce was filed on September 25, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claims of equitable distribution,
alimony, alimony pendente lite, and counsel fees and expenses,
Your counsel of record, Carol J, Lindsay, has received
Court approval to withdraw as counsel and Judge Hoffer has
entered an order dated January 14, 1998, permitting her to
withdraw. Consequently, I am writing to you directly since, to
the best of my knowledge, you are not currently represented by
counsel,
Mr, Williams has filed a pre-hearing memorandum in
accordance with our rules of civil procedure and has asked that
we proceed to schedule a hearing on this matter. He also points
out that there are some outstanding interrogatories which have
not been answered,
My purpose in writing to you is to determine your
position with regard to grounds for divorce, that is, whether
you are willing to sign an affidavit of consent or whether you
agree that the parties have been separated for a period in
'.
Mr, Barbera, Plaintiff
2
21 January 1998
excess of two years. I also need to know your position with
regard to the outstanding economic claims which have been raised
in the complaint, since economic issues are being pursued by
your wite, you are directed to tile a pre-trial statement in
accordance P,R,C,P, 1920.33(b) by Friday, February 20, 1998.
Atter receipt of your pre-trial statement, I will schedule a
pre-hearing conterence with you, if you remain unrepresented by
counsel, or with your attorney, it you obtain an attorney in the
meantime; and with Mr, Williams, who is currently representing
your wite, Lisa,
I appreciate your response to my inquiry regarding this
matter so we can proceed here with the pending action in
Pennsylvania with your participation in bringing this case to a
tinal resolution,
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for tailure to tile the pre-trial statements
are eet forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL,
cc: Tho,~as J. Williams, Esquire
~
~
LISA E. BARBERA,
Plaintitt
,
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 95 - 5089 CIVIL
ANTHONY J, BARBERA,
Detendant
,
.
.
.
IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Tuesday, March 17, 1998
Present tor the Plaintiff, Lisa E, Barbera, is
attorney Thomas J, Williams, and present for the Defendant,
Anthony J. Barbera, is attorney Mark K. Emery,
A divorce complaint was filed on September 25,
1995, raising grounds for divorce of irretrievable breakdown of
the marriage, On April 9, 1996, a counterclaim was filed
rai.ing grounds tor divorce of indignities and adultery.
Coun.el have indicated that the parties will both sign
attidavit. ot consent and waivers of notice of intention to
request entry ot divorce decree so that the divorce can be
concluded under Section 3301(c) of the Domestic Relations Code.
with respect to the alimony claim, counsel at this
time have indicated they will not pursue the marital misconduct
tactor; however, Mr, Williams would like to keep the claim open
at the present time to determine if there may be some way to
.tructure a settlement using the alimony claim.
The parties were married on October 21, 1989, and
.eparated July 9, 1995. They were no children born of the
marriage.
Wife is 37 years of age and resides at 357 Pine
Grove Road, Gardners, Pennsylvania, where she lives with a male
triend, She is a high school graduate and works as a driver
recruiter tor Franklin Logistics. Her gross weekly income is
$500.00, her net weekly income is $378.77, Wife is currently
the recipient of an order for alimony pendente lite directing
husband to pay her $400,00 per month and $100.00 on arrears for
a total of $500.00. Mr. Emery indicated that he thought the
total arrearage at this time was around $6,000.00. Wife has not
raised any health issues.
Husband is 51 years of age and does not have a
current address, His counsel has indicated that he uses his
truck as his place of abode and that all notices should be sent
~
to Mr. Emery and he will notify his client of any hearings or
conferences that are scheduled, Mr. Barbera is a high school
graduate and is self-employed as a truck driver. In 1995 his
income as shown on the tax return filed for that year was
$9,545.00. Mr, Barbera is directed to produce copies of his
1996 and 1997 tax returns to counsel for review and to give
authorization to his public accountant, David Yarlett, to
provide those tax return copies to counsel. Mr. Williams has
also produced some forms which he has asked that Mr. Barbera
sign allowing his wife to request copies of the IRS returns
directly. Husband has not raised any health issues.
On December 16, 1996, husband was directed to pay
$400.00 per month as alimony pendente lite. On December 11,
1997, an order was entered directing that in addition to the
$400.00, husband was to pay $100.00 on arrearage. On January
16, 1998, an order was entered attaching husband's income. On
January 20, 1998, husband was adjudged guilty of indirect
contempt and a warrant was issued for his arrest. That order is
the order that is currently pending and apparently if husband
appears in this county or in Pennsylvania, if the order is
transmitted to any other counties, he would be subject to being
taken into custody, Counsel have indicated that they will
attempt to work out the method by which husband can appear here
in this Court to answer the issues that are being presented in
the divorce proceedings.
Husband and wife own a property at 357 pine Grove
Road, Gardners, Pennsylvania, which is in Dickinson Township,
Cumberland County, Counsel have agreed that the house needs to
be appraised and are going to arrange for an appraisal, The
Master suggested that they perhaps agree to a joint appraiser
and share the cost of that appraisal. The home is subject to a
mortgage in favor of Homeside Lending with an approximate payoff
of $66,000.00 and a second mortgage in favor of Members 1st with
a payoff of around $11,000.00. The $11,000.00 second mortgage
was used to purchase a 1978 truck tractor. That loan is still
open and is in default, The 1978 truck tractor was traded by
the parties on a 1992 Kenworth truck tractor which was purchased
in April 1994. The down payment consisted of $32,000.00
borrowed from PACCAR which obligated both parties to the loan.
The monthly payment on that amount is $1,139.00 and Mr. Emery
believes that his client has been making that payment.
With respect to the mortgages, wife has been making
the first mortgage payment and although husband may have made
some payments on account of the second mortgage, there have been
occasions where wife has had to make payments to keep the house
from going into foreclosure. Apparently that may be the case
..-.--..
--
.
currently since Mr. Williams has indicated that that mortgage is
in default.
There are two vehicles that the parties own, a 1992
Camero and a 1990 Bronco, Both vehicles are in wife's
possession and the Camero has been valued by Mr. Williams'
client at $6,000,00 and the Bronco at $8,000,00 less a $3,500.00
debt in favor of Chase Auto Financing, According to wife, the
total net value of the vehicles is $10,500.00. Mr. Emery can
review those numbers to see if he can stipulate to those values.
Wife sold a 1990 17' bass tracker boat for
$1,650.00 and claims that she used the proceeds to payoff the
debt to Nations Credit of $1,634.59. Mr. Williams is requested
to provide verification of that transaction to Mr. Emery.
The household tangible personal property has been
in possession of wife and Mr, Williams is going to discuss with
his client a suggested value for that property that was owned by
the parties at the time that they separated. If counsel can
agree on a value then we can avoid the necessity of having an
appraisal.
Wife claims that husband has a ring belonging to
her father which she would like to have returned. Mr. Emery is
going to discuss that issue with his client to see if he can
obtain the ring and return it to wife.
The pre-trial statement lists debts to Members 1st
visa, Chevy Chase MasterCard, Sears, Mongomery Ward, and
Gordons. Counsel are requested to attempt to get the date of
separation balances if not already provided. According to Mr.
Emery the Members 1st Visa had a date of separation balance of
$4,000.00, husband has been paying on that debt and Mr, Emery
believes the balance is around $1,400,00. The debt to Sears at
separation as shown on wife's pre-trial statement was $1,000,00,
debt to Montgomery Ward at separation was $1,500,00, and the
debt to Gordons was $1,500.00, All of those debts have been
paid by wife.
A major issue is the Chevy Chase MasterCard and how
the parties used that credit. Perhaps wife charged some
gasoline on that account but for the most part she believes that
the money charged was used for husband in maintaining his truck
and for his own business expenses. The Master has indicated
that if the money on the Chevy Chase MasterCard was used for the
operation and preservation of an asset, we can characterize the
debt as marital, which it probably is if it was charged on a
card used by both parties during the marriage, and look to the
.
value of the asset for distribution with the other assets in the
case.
The Kenworth truck is going to be appraised and Mr.
Williams is going to make some inquiries from a truck appraiser
to see what information is needed in order to do an appraisal
and then counsel can make arrangements to get a value for the
truck.
A hearing is scheduled for Thursday, June 25, 1998,
at 9:00 a.m. Notices will be sent to counsel and to Mrs.
Barbera. As indicated, we do not have an address for Mr.
Barbera and his counsel will be responsible for notifying him of
the hearing date,
E. Robert Elicker, II
Divorce Master
cc: Thomas J. Williams
Attorney for Plaintiff
Hark K. Emery
Attorney for Defendant
E. Hoff r, President Judge
LISA E. Bl'\RBERA,
Plaintiff
.
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
: NO. 95 - 5089 CIVIL
VB.
J\lI1l'HCN{ J, Bl'\RBERA,
Defendant
: CIVIL ACTION - LAW
,
,
: IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Lisa E. Barbera Plaintiff
,
Thanas J, Willians , Counsel for Plaintiff
Anthony J. Barbera , Defendant
Mark K, Emery , Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 25th day
of .1l1np , 199B, at 9:00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case,
Date of Order and
Notice: 3/18/98
By:
Divorce Master
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
TELEPHONE (717) 249-3166
LISA E, BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
CIVIL ACTION - LAW
NO, 95 - 5089 CIVIL
ANTHONY J, BARBERA,
Defendant
IN DIVORCE
CONFERENCE
WITH COUNSEL AND PARTIES
TO: Thomas J. Williams
Lisa E. Barbera
Counsel for Plaintiff
Plaintiff
Mark K. Emery
Anthony J, Barbera
, Counsel for Defendant
Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the
17th
day of August, 1998, at 1:30
p.m., with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of settlement
of claims. If issues remain after the conference, a hearing
will be scheduled at another date.
Very truly yours,
Date of Notice: 6/25/98
E. Robert Elicker, II
Divorce Master
LISA E, BARBERA,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO, 95 - 5089
.
,
VB.
CIVIL ACTION - LAW
ANTHONY J. BARBERA,
Defendant
: IN DIVORCE
RESCHEDULED HEARING
ORDER AND NOTICE SETTING HEARING
TO: Lisa E. Barbera Plaintiff
.
Thomas J. Williams Counsel for Plaintiff
,
Anthony J. Barbera Defendant
,
Mark K. Emery Counsel for Defendant
,
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9
Hanover Street. Carlisle. Pennsylvania on the 22nd
of October , 1998. at 9:00 a.m.. at which
North
day
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
t _ ~rt,
rg_ ,.'br
Pres iden t Judge
Date of Order and
Notice: 6/25/98
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT An'ORD ONE. GO 1'0 OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBEllLAND COIJNTY BAil ASSOCIATION
2 L I HEIny AVENIJE
CAI/LlSLE.I'A 17011
TEL E PilON E (1 I / I .' 4'1 - \ I h h
FENSTERMACHER AND ASSOCIATES, P.C,
AlTORNEYS AND COUNSELORS AT lAW
~-
,'._ ....J..
.J.. .."....
~';.-,. '''1(
.. I .""..z~'l'
.....~;\.,~
',~.'
Tilt &RArtTON' TAVERN
MARK It EMERY. ESQUIRE
DIRECT DIAl. 17171 691.5439
December 17, 1998
E. Robert Elicker, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17103
RE: Barbera v. Barbera
95-5089 Civil
Dear Mr. Elicker:
I enclose a fully executed copy of the Matrimonial and
Equitable Distribution Agreement in the above-referenced matter.
You had kept the matter open after the hearing of October 22,
1998 was continued. Should you have any questions, please
contact me.
Thank you for your time and efforts in this matter.
Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
~f~
Mark K. Emery
rc
Enclosure
cc: Thomas Williams
"
TIlE GRAVSTONE TAVERN
5115 EAST TRlNOU: ROAD
MECHANICSBURG. PENNSYLVANIA 17055
1717) 691-5400
FAX 17171691.5441
OCEAN ClTV OmcE
26 BAY AVENUE
OCEAN CI1Y. NJ llll226
(6091 391.9461
HARRISBURG OFFICE
108 UNCOLN STREET
HARRISBURG. PA 17112
(7171 S45.8610
~ 1\~/1BI'~
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 95-5089 Civil
LISA BARBERA,
Plaintiff
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
DEFENDANT ANTHONY J. BARBERA'S AMENDMENTS
TO HIS PRE-TRIAL STATEMENT
AND NOW comes the Defendant, Anthony J. Barbera, by and
through his attorneys, the Offices of Fenstermacher and
Associates, P.c., and files these amendments to his Pre-Trial
Statement, as follows:
1. List of Ass.ts:
Marital:
Value
Date of
Valuation
Encumbrance
Kenworth Truck
Marital Home
$32,400
$97,000
May 1998
9/9/94
$12,000
$75,000
4. Exhibits:
A, Appraisal of home (attached)
B. Appraisal of Kenworth Truck (attached)
11. PrODOsed Resolution:
Mr. Barbera to have sole title to Kenworth Truck and be
responsible for the encumbrance. Mr. Barbera to obtain his
personal belongings, including but not limited to guns, fishing
tackle, weight set, camping equipment, tools, tire chains,
clothing and Seiko watch.
Ms. Barbera to retain all other marital assets. Ms. Barbera
to be responsible for mortgages on home, Visa, Mastercard and any
other debt or charges.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
~/.,
By: ~._ . ~___
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Defendant
DATED: tf- f) -'1'1
CERTIFICATE OF SERVICE
AND NOW, on this !:).
day of J",.-f
, 1998, I,
Mark K. Emery, Esquire, hereby certify that I have served the
foregoing Defendant's Amendments to His Pre-Trial Statement by
mailing a true and correct copy by United States first class
mail, addressed as follows:
THOMAS J. WILLIAMS, ESQUIRE
MARTSON, DEARDORFF, WILLIAMS AND OTTO
10 EAST HIGH STREET
CARLISLE, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
~.:f/' ~
.
.
,
,..,
'!: .
.~.
Fl!NSTERMACitER AND ASSOCIATES. P.C.
. . . . !f. ~ 'lNIERII
5S2W' ,_ MW>
MI!DW ~1lCI.1'l!NNlI\'UIi\N 1_
'.,..
~
LISA BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v.
NO: 95-5089 Civil
ANTHONY J. BARBERA,
Defendant
In Divorce
PRAECIPB TO ENTBR APPBARAHCB
TO THE PROTHONOTARY:
Please enter the appearance of Mark K. Emery, Esquire
as counsel for the Defendant, Anthony J. Barbera.
Respectfully submitted.
FENSTERMACHER AND ASSOCIATES, P.C.
,/~- .~
By: _:,..~ A /" ;.?
Mark . Efnery, Esquire
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Defendant
DATED: .)- /7- C( l'
~
~
1-..
l!J(~}
()::.'
-.,
i1t:;' ;
:;..
.lit
-oJ
~.'
,-:
\,() >-
COO: t~.
.. , -
C\J ,;-...)
... "
~" . "
e..
o.
....
"
t3
Co1
L,
L..:
r,'\
C1'i
.-
. C
'....
-
,j
U
FENSTERMACHER AND ASSOCIATES, P.C.
ATTORNEYS AND COUNSELORS AT LAW
. ,j..~~\
. .-.........
,.,1 .. ". -
.- ~\.'..' ~.I!'..
."J "'~......, ....
.~."lI:::.1 r."
. ''',.'.
;""\0 ,-...
T#E 6RArtTONE IAVlRN
April 30, 1998
~
Thomas J. Williams, Esquire
Martson, Deardorff, Williams and Otto
10 East High Street
Carlisle, PA 17013
RE: Barbera v. Barbera
Docket No. 72-1993
~
Dear Tom:
This correspondence shall act as a formal supplementation to
the Answers to Interrogatories previously served:
General Objections
r
1. Defendant objects to the Interrogatories to the extent
they are not relevant to claims for Equitable Distribution which,
at this time, are the only claims Plaintiff has set for a
Master's Hearing.
that
made
2 .
they
part
Defendant objects to the Interrogatories to the extent
refer to "definitionsH which are not attached to or
of the Interrogatories.
r
3. Defendant objects to the Interrogatories to the extent
they request documents or information beyond the scope of the
Rules of Civil Procedure.
InterrQ9atories
1. Defendant's oral agreement with Diamond Transport
provides that he is to receive 65\ of the gross revenue Diamond
Transportation receives from each load. The 65\ of the load is
set forth as the "rentalH amount on the Truck Rental Account
stubs. The Charge/Credits deduction is for fuel which is charged
to Diamond Transport, leaving Defendant's income set forth under
"Net Rental".
t tAHRL'iHURn on"teL
Wit IJNCOl.N STREEl
.i"HR1SIUJR(., PA 17112
(1171 ~~ Khtn
TIlE GRAYSTONF. TAVERN
5115 FAST T1lINDlL ROAn
Ml'CIlANICSIIUHG, Pt:NNSYI.VANIA 17n~,5
17171 b"\.!>4IXI
lAX 1'1171 tl91 ~J441
OCEAN CITY ot-TICL
Il6 MY AVENU~
{lCEAN CIlY, NJ 0fI226
(609. 391.9461
.
6. 1\11 references to Visa and Mastercard are to the
parties' marital accounts, of which all information is known to
the Plaintiff.
Defendant's motorcycle, purchased after the date of
separation, is valued at approximately $9,500. It is financed
through Harley-Davidson Credit. All statements in Defendant's
possession will be provided, when available.
Defendant currently leases a Jeep, with payments being
made to First Chicago Bank. All statements in Defendant's
possession will be provided, when available.
11. All information has been provided. In specific regard
to the Jeep identified in prior Interrogatories, as it is leased,
it is not titled to the Defendant and is not an asset. In regard
to Defendant's dog, the dog travels and resides on the road with
the Defendant. The costs are obvious and self-explanatory.
13. All information has previously been provided.
Defendant is not in possession of any applications or statements.
It is my understanding that the statements referenced
above are being mailed to me; and I should receive them early
next week.
Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
crs
VERIFICATION
I, Mark K. Emery, do hereby certify that the Defendant is
not available to verify these Answers, and that such answers are
true and correct to the best of my belief and knowledge, such
answers being provided by the Defendant. I understand that these
Answers are made subject to the penalties of 18 Pa. c.S.A. ~4904,
relating to unsworn falsification.
Mark K. Emery
DATE:
c:\wpS I \barbcra\rraccipe,rc.
January 2J,I9'JlI
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-5089 CIVIL TERM
LISA BARBERA,
va.
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
~
TO THE PROTHONOTARY:
Please let the record reflect that Defendant's mailing address is P. O. Box 55, New
Kingstown, Pennsylvania 17072.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
By:
Carol J. say, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date:
Z./3/.fY
,
f;: r- (~
..:I
~ ci' :~.,..
u:~':J .
EE;, ';.':1.
...;: " "'j
~. ~:-
\:: 0 ~. :
(, J
w'- .
:. ,.
EE'- CO : .luJ
r- IoU ;'~I ::L
-- t.._
" 0Cl 'j
0 0" U
LISA BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 95-5089 Civil
v.
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
DEFENDANT ANTHONY J. BARBERA'S PRE-TRIAL
STATEMENT PURSUANT TO PA. R.C.P. 1920.33(b)
AND NOW comes the Defendant, Anthony J. Barbera, by and
through his attorneys, the Offices of Fenstermacher and
Associates, P.c., and files this Pre-Trial Statement, as follows:
1, List of Assetsl
Date of
Marital: Value Valuation Encumbrance
Kenworth Truck Unknown $12,000
1992 camaro $6,000 4/25/98 0
1990 Ford Bronco $8,000 4/25/98 $ 3,500
Marital Home Unknown $75,000
Home furnishings Unknown 0
Bass Tracker
Boat/trailer Unknown 0
Non-Marit.al:
Motorcycle
Clothes/Misc.
4/25/98
4/25/98
9,500
o
$9,500
500
2, ~.rts: Pursuant to the Pre-Hearing Conference, Defendant
is expecting the production of an appraisal of the home by
Plaintiff's counsel. As of this date, such has not been
provided. Therefore, Defendant reserves the right to present an
expert appraiser of the marital home.
Pursuant to the Pre-Hearing Conference, Plaintiff's counsel
was to contact a truck appraiser and advise as to what
information would be necessary to perform an appraisal. As of
this date, no information has been provided. Therefore,
Defendant reserves the right to obtain an expert appraisal of the
Kenworth truck.
Pursuant to the Pre-Hearing Conference, Plaintiff's counsel
was to provide a proposed value of the tangible personal property
in possession of the Plaintiff. As of this date, no proposal has
been provided. Therefore, Defendant reserves the right to obtain
an expert appraisal of the tangible personal property in
Plaintiff's possession.
3, Non-e~ert Witnesses: Dave Yarlett - Mr. Yarlett is an
accountant who has performed services for both Plaintiff and
Defendant. Mr. Yarlett will testify as to Defendant's income and
expenses. Defendant reserves the right to timely supplement this
response upon receipt of relevant information from the Plaintiff.
4, Ryhibits:
A. Income tax returns of Defendant
B. Any appraisals, as set forth in Paragraph 2, above
C. Credit card statements
D. Kenworth Truck financing statements
E. Weekly pay stubs of Defendant
Defendant reserves the right to timely supplement this response
upon receipt of relevant information from the Plaintiff.
5. Defendant'. Inoome: See Defendant's Income and Expense
Statement and 1996 Federal Income Tax Return, attached hereto.
6. Defendant's B~enses: See Defendant's Income and Expense
Statement, attached hereto.
7, Pension Value: Defendant has no pension.
8, Counsel Fees: None.
9, Disputed Value of Property: None as of this time.
Defendant reserves the right to supplement this response upon the
determination of the value of the marital home, Kenworth Truck,
marital property in Plaintiff's possession, and Bass Tracker boat
and trailer.
10, Marital Debts:
Marital Home: the marital home currently has two mortgages
believed to be in the current amounts of approximately
$65,000 and $11,000.
Kenworth Truck: initial debt was $45,000; currently owe
approximately $12,000.
1990 Bronco: currently owe $3,500.
Chevy Chase Mastercard: current balance unknown.
Visa: current balance approximately $1,400.
11. propo.ed Resolution: Absent a valuation of the Kenworth
Truck and marital home, along with the value and disposition of
other marital property, Defendant is unable at this time to
provide a proposed resolution.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
f%/ /~~
By:'" , ~ :;-;::; -"-L-.- -'-~/-~
Mar . 'Eme .,. ~
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Defendant
DATED: Lt- JI-/-'f(
<....".....-.... ."'.'..--'.
CERTIFICATE OF SERVICE
AND NOW, on this --1.i- day of 11,or:1 , 1998, I,
---P,
Mark K. Emery, Esquire, hereby certify that I have served the
foregoing Defendant's Pre-Trial Statement by mailing a true and
correct copy by United States first class mail, addressed as
follows:
THOMAS J. WILLIAMS, ESQUIRE
HARTSON, DEARDORFF, WILLIAMS AND OTTO
10 EAST HIGH STREET
CARLISLE, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C,
~~~J~-
By: ,,;,,- ::;;',;.:~ ~ -,.J &,...-
Mark J(; mey
I,
,
"
i'
i
I
!
Pay period (weekly, bi-weekly, etc,)
Weekly
DiCOHE
AHHUAL FIGURES
$ 78,400.00 (1996)
PAY PER PERIOD
Gross Pay:
$
Deductions:
Federal:
$
$
$
$
F.I.C.A. :
state Income Tax:
Local Income Tax:
Hospital/Medical Insurance:
Life Insurance:
Pension/Profit Sharing:
Credit Union:
Savings Bonds:
other: (Specify)
'l'OTAL DEDUCTIONS:
$
NET PAY PER PERIOD: See Defendant's 1996 $
Income Tax Return,
attached hereto.
U'J.'lmK ]]ICOKE:
(Fill in appropriate column)
WEEKLY
MONTHLY
YEARLY
Interest:
Dividends:
Pension:
Annuity:
Social Security:
I
I Rents:
I
Royalties:
I
1
I
i'
1
i
Expense Account:
Gifts:
Unemployment compensation:
Worker's Compensation:
other: (Specify)
'l"O'.rAL U'.l'WU( ]]ICOKE: $ 0 $ 0 $ 0
'l"O'.rAL BET ]]ICOKE: $ $ $
I'
I 'l"O'.rAL BET , U'.l'WU< ]]ICOKE: $ $ $
I
I
I.
I
I
EXPENSES: WEEKLY MOHTBLY YEARLY
Home
Mortgage/rent 168.00 2,016,00
Maintenance
Utilities:
Electric
Gas
oil
Water
I Sewer
Trash
" Telephone
I'
I
,
I Employment:
'I
!
I public Transportation
Lunch
Taxes:
Real Estate
Personal Property
Income
Insurance:
Homeowners
Automobile 11 5 . 00 1,380.00
Life
Accident
I Other - Truck/Motorcycle 560.16 6,721.92
I:
, Automobile:
Payments 515.73 6,188.76
l' Fuel
I Repairs
i Truck:
I
Payments 1,139, 30 13 , 671. 60
r Repairs/Maintenance/Fuel 3,700.00 44,400.00
Motorcycle
Payments 315,36 3,784.32
I.
'i
EXPENSES :
WEEKLY
MOHTBLY
YEARLY
Medical:
I,
I
I
,
I
Doctor
Dentist
orthodonist
Hospital
Medicine
special needs
(glasses, braces, etc.)
Education:
Private school
Parochial school
College
Religious
Personal:
Clothing
Food
Barber/Hairdresser
100.00
1,000.00
1,200.00
12,000.00
Credi t Payments:
Credit cards
Charge accounts
Other (specify)
600.00
7,200.00
Memberships:
Loans:
I
I'
I
I
<<XI~i.xllJoj~1J
Diamond Transport
1,000.00
12,000.00
(5,000,00
remaining balance)
I
I
I
I
I
I
EXPENSES :
WEEKLY MOHTHLY
YEARLY
Miscellaneous:
,
I:
Ii
Ii
I'
Ii
I:
I
Household help
Child care
papers/books/magazines
Entertainment
Pay television
Vacation
Legal fees
Charitable contributions
Other child support
Alimony payments
Gifts (Christmas and
birthdays)
500.00
6,000.00
500.00
6,000.00
Other:
nng fnnrl/U~t ~i11i
f;hnwprq
Toiletries
125.00
155.00
108.50
1,500.00
1,860.00
1,302.00
TOTAL EXPENSES:
10,602.05
127,224.60
,
i
i:
PROPERTY OWNED:
DescriDtion
Checking Account
(bank & acct. no.)
savings Account
(bank & acct. no.)
, credit Union
1
I stocks/Bonds
I:
Real Estate
1 other:
I
1
1
I TOTAL:
,
i
,
I' DfSURAHCE :
1 COJlDaJ1V
Hospital
Blue Cross
Other
Medical
Blue Shield
,. other
I'
, Health/Accident
i. Disability Income
I'
" Dental
,
I:
Other
I
I
I'
!
Value
$
Policv No.
OWnersbiD
H W J
Coveraae
H W J
F tkJllllrnelllllfU...I,...l'~', In'''''l.I1I ...,....:...,.,.,.
tJ 04~_l!.s. Individuill tncollle Tax Ilelurn
!~!!.._l_'!.'.:' )1~;~'),J1' 1 1).',1I_.!?-_",. "'lllh.'1 11' ..,..1I1~"I""'"
Labol
r.;...",lllflh'JI''')
u.. 0,.
IRS I.bel,
OU1CIWI!,f!,
plen~o pllllt
ollypo,
PI.lld.nU.1
Eleclloll
Camp.lgn
cs.. ."trut: Ilon\ )
RUng StatuI
Check only
ono bux.
Exomplions
II morc IIwn
Ii dope..'enls,
see the t1l:5lruc.
lions for I.", (jc,
Income
Attach
Copy B 01
youlfonn.
W-2. W.2G. &
1099.fl hore.
If you d.l not
gel a W?, see
the IIlSlrUCOOll5
lur !lno J.
ftr.lo~c. hul do
not alL-tell. allY
paymenl. Also,
please er )Close
fonn 104Q.V
(see Ule InstrUC.
lions for line 62),
'flAil' ""'II."....
/AI l"..tll"....
AU I I III tn
1I^,!1I11'/'
II. ..11),,111/1"''''1. "1"."." f "..III."... '.11
la,"II'"''
ib.'14M1~"'.II,,,,,I"'I,,,~I..Il"I) II "., It"..... ,,""1
.. :.1,,1,,1,.,'
2]04 [t1[HM(I UI
CliY~~-,. 1"...1' 'If..., IIll'.; II~..-" I (..~, ",u,... ,
'._1.."..,,1
[AGAN
t DepcncJclllfj:
__..!!lJ,'/:.III,1I11"
1.lr.IIl_III'"
d 10Iill'IUII1I)1" ,.f "ll:CII1IJhllllS c1alllJf:'!
7 Wage'i. !..1I.111':", 11115. ell:. Atlach I HIIII('.) W;'
al TnllJlo 11I1r:1I!~,I. Attach Sdwuulo U 111I~cr 'MIIU
b TI.".O""lt Inll'IOSt. Du not encllkJO 01111110 H..l
9 Olv,(jund IllClJllI('. Attach Schodulu IJ II uvc. ",100
10 Tax81J1~ wknl'., credits, or onsel!;; Clf '.l.,tc and k/'
11 Alimony Il~cel""ll
12 UUSIlIn~~. llU)III'~ or llos~.). Atlach :;dh'duh' CUI t
19 CapiLli ~'"ll 01 (loss). lI,cquI'Cti, UU.lell Jt;1l4'duh' J
14 OUIe, t,,'IUrj tlt (kISses). Alladl rUIIll,l/1)1
151 TotalIH^ Ik,hthuhuns 11SO\
161 T(jIJIIJt~mIHlls 311'1 ,uUludteS 16a
11 HCIlI"llt'.11 C~.l;lle. royalll"':;, p.uhK:I:.hll'.... ~: u.q''',
18 rarl1lllk..OlIllP 01 (105S). Allarh $(:Itt'dll:'~ I
19 UtlCu1Idll,IIIC'111 t:0I1IpCI1....111U11
20. SoclJl ~I\:ulllr OOll'hts t .~~J
21 OUlet ll)L'IIIlC I Isllype ilItoJ nl1lClull '.l!e llt.lu....lt d.
22 Atkllltt:! ~~~_ll. "' Vie 1.11 rl~lt CUltllllllllJl 111M". :
231 YOll 1I~^ ttcdl..;hon (see II tSbl.A:hUI I','
bSpulJ",(~'S.lIU\ ,hhx:hon ('iel' Hl'.htld"lIl")
24 Mlw"J l~'I)('n,e~. AttndllulIll J'''.1 \ '11 J'''111
25 Ch.' hall ul sl'III'IIlJJkJyrllt:lll lax. ^ll.lt II :.it:I1\;ljlll.
26 Sell "Illployr.tllloallh 1Il'.;1'311re t"~II' ltnn ("..,' 1,1 "
27 KaYl ;}lId ..t~l t'lllllklycd SlP 111.111\ 11 ~I r. tl,.,\~ .,'
28 F'cna!l\' \ Ill!.lllf Wllhdrav.:lllll ~.1'V~Il'l.
29 NIllI'"lW 11.11-1 Ht1IP,I'Ul's s...'\t, ...
J) MJ Itl~'., ;"'J,I .")
31 Sljllldd hili' III !rUIII hIM'.'.' 1111'. I, )'1111 atljll',"',1
BMrol i'riVocy A"indPIl'el\Vu'k Ilt~lucllon Ad Nolit., '0. ill,llIllliou,
Adjusted
Groll
Incomo
If I... 3115
lnlor $28,495
(I...Jer $9,500 II
achlld <lid not
11\10 woU, you),
'!one UlO Insbuc.
OOf15 tOI IIno 5-1,
II ~,-'I,II" I
'j99S
I ('rlJ nt,,,.. '"''
.1'1'1t'.l!lIdlltq
1)01'''''....'1...'' "'1.1-11."'" "JlAI.
.- : I" ]\ti'~1iJ,.' -.
..--. --.--.-. ------.
'"'" !Jou,' !I.uln,. No.
^".I.I<Il'"III"1I
:.1.111,
ill'(;..I.'
.. ()o yuu wll'll :J.J I., yu 10 Uw. It.uJ?
If D 1l11It'II.n. d'lns yolJ ',POll',t' \'.1111 ~...!::.y 1'I1I"~
1 SlIltJl.t
2 f\,I;UIl..tJ Mil "l tC'unt rehhl' ((p'I'IlIII'ldy Iln' 11.1 ~, Itlllf')
3 X M:IlIfl'd !l1I"'1 scp.",,"? rollMll. 1"1.,, ~'I)lIIj.""" j J :.1111\'" It. fuJlI",mr.lloro .... .U~^ .I:._ U~IlU[R^
4 tIt'tnl nllt'lll~.chokJ (WIUI quahl}I",! I"!'! '1111- I.' 1I..lllll:ll<lm.) If lilt'! qualifYllItj ItC'5011 I'"..} dukl hut not yolK
(j"'K:!ltdt1lll. cnter Uus duld's 1I;lIlH'llt!ll"- _._ _. ._____~__ ___ _____________
5 ~!.E,;1...IItIOW(I?I) WIll, df'I'(:I~I"l\1 dlll,1 (~" q I' 1/." 1Il"tJ ... 19 ) C:;HI: 111':.1111I;\1011:;'
6.~;~;'iei:. II ',11U1 Pill":'. (or S.fIlH"'111(~ (ll.,~) ':.I!" , "tI. Y"'I ;1', a Ih~I,,~;..lclIlll'.llh tII I! rlr'.c.rlfn...
- 11m 1.1(ll'lllIl1.donutdlm:kIJlP I.. 6:'A~"""'"
--
b[LsI_luu"';e.. Nil olr..'
.- ..- --.. - chileh....
(3) 'h'I"'''h,,,r,, (4) II. 01 I.. Ie w'"
,pi... "JIlS"'P Illonlh'i II~ClI .
In yuu III roUf IlI}tlll! ".... ..U1 ,.. _
In l~r, e. tllIl.oIlv.
__. ___. _~..llt,...I.."
lII.orc. Of ..p.
- -.'."011('"
I....,.c....)
I1fl
S'J12~ -~'8"2
(lll'
~I- I
I..,;
P(.,
<1''''111'':'.1.,0;,1
',luunl"'1 II
, P...:rll,IIf"
'111;1111.111111$
.. .., ..
l-.!!!l_______
" 11.~tU"t' l.bOS (see IIr:.lIu.:liolls)
I II La<lhlt~ mnutllll ("o('l~ lIGII!i)
IJ l.p,ahl,' ;IIIIOU1' (".f'l! "....lIs) .
Ii',. 'dr.b, etl.. AlIcJI;h Scll [
I b ! ..;,ahl;:: "'1KJlJlI (!.Iel! Ilt.-ills)
lIu'i I', lJl total blCOll1e
230
23b
24
25
;"'11.) 26
21
28
29
__ ]_~Jl.
.,'.'. illl.I'lUe
,'I,] .n - 301]
- ------_.-
SI'lJlI'.'. \otl.1 S.elllll)' "0,
J 7~:5l.:07Ql___
r <>1 holl' lilldino IIno
111..IIUl. Iou.. .ao
in1hlltlloll91nlho booklet.
)' n.. No Hot. CJ.d/fJI/I
- "x-~ .Ycos',",,,orchowyo
lour''',OI~
- _.n. t'au".1unrl
Ilfop~"'b
0Il1t...1e_
u..,.. .....
^,lcl "limber,
.--"I.re'llOll
....n ,.. ....
7
8.
9
10
-----.
11
-1( ~-___~.372,
13
14
l!ib
1Gb
17
18
19
lOb
21
~ 22
~J
~ 31
168,
- -- },2Q4,-
It.'" 1040 (I9'Jl.)
f 01111 10~0 (I'YJ6)
Tax
Computation
^N "lOllY J IIMIl[f(^
32 ^'IUHIIII hulllllll!! 31 (mllll'.h!d H'Il~i'. Il~;()nll')
33. L'tlC(;k II I I You wete (l'i/uldl'l, I I IIhrlll. I ~'llllU\e '14'.1'. L'IIuldcr.
Add tile 'IUlflll"1 olwll.c',chcckl't1,lllo1'H ill.Jf~lllt'l 1I1"!ol..llll!W
IlllIon,1
.. 33.
;~(il - 7G - 3011 Pill ,. 2
32 2 204,
[ -- --- ---<=-
If you wanl
lho 1115 tu
fi\lllO your
lax 500 Iho
instrucfions
fa, fino Jl,
b If yuu iIl(' 111;11111'11 flhllq ~,"p;IIi:1I(Jly i"II' )11\11 ! 1"111"," 1!"IlIl!I!', 1!1't1u.-;hrJlI',
or you ~'IU n dll.JI !Jlahl'. 1111011, :.r~t! 1I1'~IIlIl;hllll'i .1111 r11l'{,k 11I!/f! ." 3Jb
34f.nICf [1I0nIlZ(!tI deductions 110m :ldll'{jlJlt~ At III"!. .'i. O.
lie
Illl~.r~. 51.lId.lld deduction r.ll()~llll!l.nw lur YUill 111111'1 ~,I;lItr". Uu' ~.f!(! Illl~
01 InslllJl;hons If you dlCCkOlJ il!l{ hox (11111)1' lla llf .. ur sOrTIcuno
)lOUr: cnn Clilllll you DS n dcporut!1l
- -
eSlllql.!.- $4,000 .rAiIlIIl'dhIIIlI.J1111i11l"'I'.1tIiIItI)'lIllJwtdow(m) -- $(i,lOO
'Ilcn.l uf houscllultJ -~ $5,'/1)(1 . r,1111If!tI '1111 It) 5cpmnloly - $1, I'l)
35 SulJbllcl hno :.1 horn lu., J2 _
36 If line 37 IS lSl8.4'~ III Jess, mulhlllJ S7,~~) lit III(' lo1.1111111111111 .1 ,..rllllllllll\.. cLllmrd on line (d. 1I11llr. )J
IS over SB8,4/'J, Sl'f~ lhcMlkrJlr.l':1 In UI(! IRshuf.IIUIIS lof 1J.e .1lWlllllll" Cilia
S1 TUlblelllcolllo. 5ulJl1acl IIno Jj Ilolllllnc :t!J. 1111111' .l(II~ 111010 Ulall111VJ J~, enli'l O.
38 Tlx. San IIlSllldllU1S. Clu"ck II lulallI.dLKJc:-. illlY 1.\,' hUIIl a I I f'mm(s) H::1I,'
b U fUfm .1'112 .
39 Cled,l h. ch,kl and ,Iependml COl' _"I AIl-xII room 2411
40 CrelJII 101 U1C ('Idcrly or UK! lhsalJlcd. Allach ~;ch Il
41 forolgn tax Cll'lll\. Altach form 11 Hi ..
42 QUlO', Cllock ,I horn.... ... II Imlll J!JIKJ h I I
Form 113% c ! I Faron 8001 d lurm ("1"''')
43 Add line!.> 39 It IIlJuyh 42
44 Subbact 11IK!'.1 J 110m hne 33. II hllC (1.11:) 111f,J11~ 111.111 !'IIl~ :m, f~lllcr 0
45 Solf-employm""1 lax, Allilch Schetl,,'e 5E,
46 Alternabvc tnllllllll.mlax. Altach Falfll G251
47 SS ant.! ~hc3le I.lt on lip Incomc not IcpoIlaJ Iu c,"plo)1le. /111.11 II IlNIIl41Jl
48 Tax on quallflcd rebren1(!lIt plans. ll'ldkJfllq 11l^5. Illl''1IJIICtJ, allach rurrH ~29
49 Advance earl1f~d IIlCome t:rcdl1llo-lyrllfmls bUill r Ulllli'.) W.r'.
50 Household empl()ymenllilxes. AUacl, ~ichcIJult! II
51 hld 1nl44 50. 11",,, 1''''' 101.11"
52 redelal ,",omo t... WlI1/1O/d Iro", 100ms W 7 .",1 11m .
53
43
"/III
45
46
-~!... --
48
49
50
.. 51
Ix]
34 0,
35 2,204.
J6 2 550,
r1 O.
.. 38 0,
Credits
39
40
~ ----
42
Olher
Taxes
Payments
52
1996 estimated lax payr1lf!l'Ils and 01l1U\l1t npph~:d
from 1995 ,elum . . . .. .. . . . . .. . . '. .
54 Earned Incorae crelU1- ^Ilach Sthcdule [I(; II tuU ILlVe;) qUilhlyull1
dlild, "'"Ia.<able ~"ned 'IICOIl1e: JI11OOlo1 . ..
and lIP". .. _ _ _ _ _ __ n _ _ _ _
55 AmounlllllllJ Willi Form 4368 ('ec:luc~., lor extCl15IU1I)
56 Excess socIal SCClI'lty aud RATA ta1- WlUlhekJ (sel! nr.bs)
57 Other paymelll... Check 11 from a I~J fOlln ;'.1 n
b, 1-' lu"n'II,l6
58 Add III Ie:, !;? ~ d. I hese ill e YOlK lolnl paVll1Cnl9
Refund 59 II line !l8IS lIIoce Ih.1l1 hne 51, suhlr3Ct line !JllulIlI hne!iS IIII'. I. IlIe amuunt JDU Owerplld
Havo it sent 60. Amo",1 uf lme ~19 you walll R,lunded 10 Yo"
dlfecUy 10 )'0\1 .. b ROU'lllg l.....nbt!1
llank accomtl See
inslrucbons and I'll" d Acco'JlI,.."ho.
,n 6Ob, c, end d, 61 Amounlof hne \9)00 wanl Appll;dlo You;-""-EsI~;i;ci-l" _
53
Attach Forms
W-2, W-2G,
and 1099-R
to page I.
54
55
56
57
.. 5a
59
.. 60.
il Sd'VUIg;i
l. I )'Ill!: I I Cht.-cklny
.. 61
Amounl You
Owe
62 U hne ",liS IIltlln than hnl1lJ8, slA,h"d hne !~. "01111"". 'll. 1IIIs IS "Ie Amount You 0...
for IIt!lal15 011 how '0 pay nnll use rutin 1040.V. ~'"'' 1l1'~IIl,:IIIJlts .... 62
63 Esbnl:ltr~t1la)O.I"'llaltv. ^1",1) 1IIl:I\Il:h~ Oil hne t,;' 163
u.. p.nal.... fJll'~"")" I <tft bll, 11I11 h.'ln ....."..,...111.., 'fib.." al"' .... , .''',1....,.''.... 'K!ll"lllln and ..l....u..nb. ...ld k1 ... ,-",I 0111I)' N~ Ill"
b.MI, I.,.. flue f1"'1!'\' I. ..... CVlI~lfl u.c......MI ,.f ''''''PMl'f ("....1 U, It, 1.I>I''''"")''....wd un.. .'.UIlN"...." of ....Jlpr.p.'" h... all)' "'.....,..
Sign
Here
Ycu S...b.
II.llp
'fuurOo.'upllbun
Koop a <:"py
of VIIS ,elLln
lor yoLl recor<ls,
.
TRUCK DRIVEII
-- SiiouM:, llil.uPalrOf-'---.-..- -. --
s,;w..'tSMJ"a\u.'ii" ".."I fi.iHli.lllll.lli.r..i ~ill.l'l
.
I'.ll'!
"-
I'leopaI''''' SoaaI hcunty No
1.1..
I
_ ~1~!:~"..~~ lJ__
Plid
Prep.rer'.
Use Only
rl.....CIl..
~kn....h
filln',fUI,.
(..-..
....._J
".sAck\-ei,
.'PCflde
,
5.!!lf.: p!:~l "d
..
,..
._..~-_..- ...-------.---
IWU11.' 111 '.~,..
v
0,
335,
0,
335.
335,
Schedule C
(Form 1040)
Profit ur I.oss 110;11 Business
(5010 rropli-:I.,,<".hlp)
... Pa,llIorshlp", "..illl vcnhllc",,' 1',11I110.,1 rile Forml0G5.
... AtI.u:h In rann 1040 or FO'III ll"... ~ SC'~ iJl'.hUCll'1l19 for Schedulo C(rUIIII IU40).
1>.r..IIl~"1 011.. Tl......~
Inletllal"fO'oef'lMs..v.c. 99
ru.n. 01 r,opftttor
ANTltONY J OARB~-'t^-
A Pllntlpal~, otP'o'n..... ~1I.....JIfIQI'I,~h..IDf n.hl<" (we "I\lll~ It ~,..)
QM1No 15-t~OO14
1996
09
Sod" Seu,", '&llmbe, (SII')
2GI-7(j-301l
TRUCKDRIVEII
o ta'" rllldpal D....... Ced. (...,..b)
_____ _. . G338
o [Jnpl.,..'OH..I[JH~U.,
E -....-e-.............',,) . 2104 EMERALIJ LN
Cllf, Town..P.O,S..'.,..21'C.... -EiiGAN~ -M-N- 5~122--28";' .. - -.. -.. --.... -.... - _...0...... - --.. -.... _.
F Accot.ntlng meUlOd: (I) iXfc;;s11 (2)Uk~I"..I-(3) Tl "'1,,, ('I";~,iy). .. - - -.. - 0'"'' ..... -.. X -Y-n- U -N.o"
G OK.l you 'materially p8lhclpalc' IIllllQ operatloll of U,IIS hu .IUCS5 till Ill., 1 ,,,., If l-L,' seo IIlStruchons fO! hllllt on Iossos ..
H If you starled or acqulled "," 1M"",," durll"l 1996, till',:1I hmo
lR.rt I ,'I I"como 0 __ ... _._
1 Gross receipls or sales. Clullon: 1/ tiltS II1COlUP. was ICI'l1flcd 10 you ,1,1 / ,11111 W-2 nllc1lho
"StatuiOf)' etTJ'loyee' box on IIlat /."", was cJU.',:hecl. :r;("',II0 u,!'lrur.t,,'I'". ;llkJ c:llach "Orc . .
2 Rellxns and allowances .
3 SlJJlraetlina 2 Irom 1m 1 ..
4 Cost 01 goods sold (from 1101: 42101' pall" 2)
C EkIuln. NImI.lI 110 s.p....lkr\aIlM., ''''"If!, L..... 01..."'.
5 Grot. ptOIIl SlJJlract I... 4 Irom II,., 3 . . . . .
6 Other income. includlf19 (ederal old state gasoline or '11"11.])[ credit III 4 ,il If ItI
GrOSllncome. Add Iinl:s 5 (u kJ (i
I -"', Ex "leI. Enter e IIses lor ~US,",,55 uso ",
AdvertJsilg ........... 8
Bad debts Irom sales 0'
services (see inslrur:tJo1ls)
10 e:.;nJ lrucllllplllU8S ("'" ,".Irs)
11 COInm15sions and lees .
12 Deplelion..............
13 DepreclatJon and seetJo1l
179 expense dedur:tJon
l~~~~~~'~') .
Uf lIun!!..' C111'Y.JI1 hne 30.
19 (".11 ,kIn OI"J plofil-sharWlg plan..
20 n,:"I.., Ie:"e (soe 1l15Irur:llOns):
. Vdlllle\ In.xlluMI,. and IqUlprACnl ...
bUll,. I lJtr..iiness properly
21 (~PI Ill!'. rnlll rnamlenance......
22 ~~lll 'I'I~ (I ut IncluJl:..J Ul Part III)
23 101,"'''; HUt! hcenses............
24 havd, meals, arxI enlerlc,inmolll:
.11t-l','el
.. 9
.. lU
11
12
13
17 ~OO,
14 Employea benefit prC!lJalUs b Me'..!< or.'
(olherlhanonlina 19)... 14 _____ ......,11.111.11""1...
15 inswlIICI(o\Iwlhanhoallb).. 15 __--"...301. el"IM~,')I,"lllne24bsulr.
16 Interest: Jl't I III 11ll1l1.1hollS (see mslls)
1/ob'-tplldlobank,oIr) 161 ~_ d~:'~",,,':11l,,,74cflo,,,I...24b.
bOU..r............... 1Gb _--.!. ~1l!!.:. 25 trio',''''',
17 log.,l..d proleo.io.w """"" 17_1----__._ 4_~..:. 2G \,/" ,.", \,.""'"ploY'"elll c'ed'!;;)
1a OlflCe erose. . . .. . . .!!...L- 15. I ~ 8, VII",. ':'1""".' III""lme 48 on 7
28 ToIII....-belore o'flllll<ie5 I.., business use 01 hOlllo. Add Illle":: """ugi,27111colurms
29 Tanlebve proM (loss), SulJlrncl 1111.;>8 Irom ,... 7
30 E_s lor businass use 01 you hUI11". AI"'eh Form Ull29 .
" NltproBtar{1oll). SlJJlrocll,"" ."Irom In: 2'J.
. If a profi~ enler on Fonn 1040,lln.12, 8I1l1 .1.001' Sd.edule SE.UII" 2 1',Inll1lory
employees, see ins~ur:\JotI5). Es~"os and Irusts, enler "" form 10011, '''''.1 .
. II a loss, you IIIUIt \I" on I" III" .12
52 If you have a Sass. check UlO box thai descl1hr.s yoLl Il1vl".lmCIII", II II' , .,lI'1lly,
. II you checked 32a, e"ler UlC kl',' on Forn. 1040,lIno Il, 1)1" .too ''', '-, heduro 5E,1lnI2 (slatu'" y
employees. He inslrucbOIl!.). Est.lles D1JJ bu~.ls. elllm nil I urn! HJ.1I, Inj;' J . ..
. 11 you checked 32b, YIII' n.u.t "1I,,,:h rorm6190
BAA For r...warlI Roducllon Act Nulie.. _ rorm 1040 1,,,hucUUIl.,
flJl"UIl,' 1111 'J'",
~]
78.490,
1
2
3
4
78.490.
5
78 490.
6
~ 7
78 490,
.... 19
20.
lOb
21
.. ZZ
... 23
6 189.
4.268.
3 765.
3 754.
..... 241
505,
10.950,
5 475.
... 24d
.. 25
26
'Z1
~ 28
5 475.
I 677,
12 295.
76 118.
29
30
2 372.
31
2 372.
l
NI__tll
32.t.J atll'"
Some_I
32 bU II 110111 IIa.
~;cl..<ltJlc C (Forni 1040) 19''-;
;'GI-7G-30J 1
Pac}C 2
"-'b'rl'lllv '/ lic:o:-.I ~~;~~rk~t'---C.r~ I OilIer (il-li,;Ch C;l:f)lanallon)
Wo':~ Utero any chango 11\ llolurmu UIIl' qunnhllo5. co:.I.5, '"/ Villuah~lIl~. II' j"';"~'lllponlng and clu~InfJ 1I1V\1l1hJly7
II'Yos:allllcho.planalloll... ..... ...... ...... ..... . ....-'-'_--'-.~
35 Invontory at begirYllng of yom. If cl/florent fr(1111 lust Y('j"U". 1:I051l11J III'" I.:. "'I.
al~leh allplan8tion ........ . ..... . . . . . . ..
36 Purchases less cost olllem!i WllIMJlilwn for f}(~lson"II".(~
!f1 Cost of labor, 00 not inellKle ,;alaIY 1h1K1 to )'Ill' sell
38 Malerials and Sl4JPlles
... .... 38
39 OUler eosls .. .. . . .. . . . . .
40 Add hnos 35 Ulfoll\1139
41 Irwenlory aland of )'Ilar .
35
36
!f1
39
40
41
sold. SWhiK:1 hue ,11 IIurn lint' 110. Elll("~I't! rr.5l.dlllf:':: .i~~II1IIII<ltr. I. 'ilK! ..,..... 4~
Inrorrnallon on Your Vehicle. Complel" IIII'; 1"'1 O"'f " ,"lI af" r.lalllllllY cm 01 hock "'I""r.eS on line 10 ond are not
required to fllo Form 4!:06.? lor this lMr.>lnDSS. !Jro II Ie InstrtJClrlII ,. :'u IIIK: 13 10 fllxl out If you must Ido.
43 When did you placa)'lll.< vehICI. .11 "CIvic. for busines" I"POSOS? (,"'" ,iii, day, yeor)
.
44 Of UIO lolal runber of 1II,Ies you <hovo yo.. "chICle d"",'! 1996, elll", II", I"."ber 0' m,1.5 you used your vehICle fer:
.SUSIIlCSS ____________ bComll1ulill\J.___._
45 00 you (or yol.< spouse) ha"" olloll..r vehicle aVOIlablc '"' personal If.'''-
COUIC'
46 Was yol.< vehicle avallatJle rOI use '''.ong off.duly hour"!
47.00 you have avidenca 10 suppo,t)"... deduclron? ...
b If 'Y.s: Is Ihe evidence WTlIIOII?
IRart V.I Other Expenses.llslllOlow busll,"ss .'1"".'''.5 nol IIICI~I. """"1"..'5 8. 2ti 0' hila 30.
J~~~~~5J..__..________
~Q~~Mb~~~Q~___..__.._.....___..____
J!!~FJ1~ J1t!E..5_ __ _ _.... __
_G~~RJl_I!O_G__ _ _ _.. _.. _ .. .. .. .
JQ!:.l..5_ _ _ _ _ _...... _ _..,
!Q~T~~~______..___
..5~~l..E~ _ __ __.
!~~S_O!.l~l_ ~~{O~ _ _ _ _ _ _.. ..
48 TolllollllnJqlllll_. [lIle' 1101. ,"l1 011 pay" I, I.., ;./
rll:OlI~' (1'1.. l 'r",
.
. .l] Y.. 0 No
..0 Y.. 0 No
.. 0 Y.. 0 No
....~
5 474.89
2 080.00
375.00
2.029.70
108.60
32.00
21.00
2 173.56
48
12 295,
Schedule SE
(Form 1040)
SoU-EmploYllIent Tax
0fM) "0, 1~5W14
. Soelnstructioll,\ lor Sch~""I. SE (ronn 1040).
. ^1t..<I, to roo,,, 1040,
1996
17
o.par1men1 of tw Ir..1Uf)'
Ifl..,nII Ari.,... s.rtic. 99
NIlme of Penon W1'1 WI-fmpIoJmI.llncoolft (a" "liMn onfoun 1(140)
:i(It:I.-11 ~;Cr.IUlly NllOlhuf Ur PerSOll
w,lI, SeU.Employmenlll1cOlIllJ. 2&1.76- 3011
ANTHONY J BARBERA
Who MUlt Rle Schedule SE
You musl file Schedule SE ":
. You had netearn!rl!JS fiom oelf.emplllymenl "011I oU,er than chUlch omp' ,\oe IlleOIllO (line 401 Sho" Schedule SE or line 4c 01 long
Schedule SE) 01 ~ or more, Or
. You had chu'ch omployee incomo of $108.28 Of morc. Incurno from serVI',I', you pCI'orrncd as a mlnls(OI or a rncm1Jcr or a rollglOus
order Isnotch<6Ch employee llleomo. See ,nsll1lCl,ons.
Note: Even ,ryou hove 0 loss or a s/llall amoonl or ,neorne ~orn sell'e/llploy,"~nl. " may be 10 yoor bene'" 10 Me Schedule SE and use
el/her 'opllonal me/hod' in Pall II of Long Schedule SE See /IIsl,ucl,ons
Exc~: If yCIl1" only self.employment Income was from ealnlngs 85 a nllm lror, member of a rollgtOus order, or Christian SCience
practihoner, line! you r,led Form 436 I and received IRS epproval nollo be la",t1 UI11h05O earnings, do not I,le Schetluie SE, Instead,
write 'Exempl- Form 4361' on Form 1040, line 45. '
May I use Short Schedule SE or Must I use Long Schedule SE?
Did You Receive W"llt5 or; 1~.lnl9967l
!yes
~
No
Are you a minister, member of a rehglou5 order, or
Christian Sc",nce prachtlOner \10110 rece,ved IRS Ollproval
not 10 be taxed on earT1lngs 110'" lhese sources, but you
owe self-employment tax on other earnings?
+NO
~
\",,:. Ule lolal of your wages and b~ subject to socIa.l
:,''C1Jflly or railroad relllement tax plus your net carrnngs
Illlln self employment more Ulan $62,700?
+No
Nul i .:i ~;;f-;celve tl~ SWJeCt to SOCial wcunlv or MedK:at'c
-j I " IIlal you did not report to your employe. ~
Are you using one of the optional mcUJOds to figure yollr
net eamongs? (see ,nstructlO' ,,)
Yes
No
Did you rece,ve chur'cI1 emplovee oncorne reported on I Yes
FonnW,20l$108.28orrmre~ ~
+NO
You Illy Use Short Schedule SE Below
L_
You Must Use Long Schodule SE
Section A - Short Schedulo SE, Cautlon: Read "oo...e Iv see" you (,'" use SI,or/ Sc/Jooule 51:"
1 Nel farm prolot or (loss) from Schedule F, lme 36, and f..", parhlOrslllp:;, f.chedule K.l (Form 1(65),
~I~.... ............. ... . ..... ...... 1
2 Nel Pfof,t or (loss) from Schedule C,lone 31; Schedule C EZ, line 3; aI>' ~;clledule K.I (Form 1(65),
line I~ (other than 'allnlng). M'llIslers and members 01 religIOUS orde,'. see ,nstruclJons for armunls
to report on thIS hoo. See InstructiOns for oaler Income to report
2
2 372.
3 Combine lines I and 2
4 Net NmII....trom Ml'-ettIflloymenL Mutbply Ill'" 3 lJy 92.3~% (.923~). h 'e,.. UI3Il $400, do not f,le
lhos schedule; you do "'I owe self employmenltax
5 SeI'..mployl,....I taL If the omaurll on lone 4 15:
. $(;2,700 or less, mulbply III'" 4IJy 15.3% (.1~13). [Iller IIIe resull IIe'e "Kl 011 Form 1040, line 45.
. More than $(;2,700, mulbolyJIlJ' 4 bv 2.9% (.029). 111ell, ildtl $1,114 :'", 10 UlO lesult. llller the
Iotal here and on Form lIMO, _ e;
3
2 372.
· 4
2 191,
5
335.
6 Deduc1IonloronHlllllolMl'~ttal,Mulhl~y l"llJ ~lJy :il'l'. ('.,
Enter the result here am on ronillG4t1,1Ine 2!i __
BAA For P",U'IIOrIt Reduction Act NoUe.. _ Form 1040 In.buclions,
fQlA.l101 I,fM'j "_'
I 6 I
168,
Scheltule SE (Form 1040) 199G
o COllnEC I [~) t I (~~!~:I<od)
PAYEn'S name, It'te' address. nly, (.Utle, .llId ZIP rotl!'
I 'IF!..",
OMU Nu 1!:,1~0I15
$ ,'0'1'10,01\
D I1~MONU TIIANSPUR T A i iON S't'STEI1,
P.O, BOX 1557
RACINE WI 53401
, 11'1, ;',,, .
:;;
'il@~5
Miscellaneous
Income
3 (1111. I I '11111'
$
f..", 1099-MISC
. ._~..----
P^Y[I1'S redofalldtnUfalion hlll;;1 I1ECU'Il.Ur's kj.;~;;;:;'-;-;;'lltt..!;-
39-0799876 2::'..2796553 $
-.. -----.. .-
REOPllNT'S namt,ltloollddless IllChKJUty .11" no.), dl~, "ll1le. Rnft jU',.11do
ANTHONY ANU/OR l. 15/, OARDcnA
" rClktA '''H'lIll' 1.'1 wlthhotd 5 rislllnglN".IIIfIJ(,.Of....J!\
.L___ . u____
Copy B
For RecIpient
fj U.~Ir" '.' 'villi,' '''I'I~II(I"k 7 tl"ncfll'''' ')'"0 t.nlltx'Il....-lllfJll
$ $
EAGAN,MN 55122-284r' $
_.:li_.____
11115 IS irllpor1anllt1J;
Iltkxnlt'1ion and is
lJcv>g I..",;shed 10 lhe
-Inlomal Revenue
GeMca. U you Bl'O
required 10 Ilia a
Il'tum.a 1)8gbger:K:8
"cn"lly Of olhef
sancllOl1lllay be
tll1llOsed 01'1 you IUliS
I1lOJlnol>laialllellld
UIO IRS determineo
UIII ~ has no! been
repol1td
n ',..1"1,'
01111'1 t
. 1',1,1111'111. .Il.....'tl tll 9 ('aynr 1I~1I'" IItll"Ct sak.... u,
'" 1IIt',,";1 $!i.OOO 'If IIlC." 01 COfI'.IIlIMl1
pforhff.l~ 10,:': t~l}'rr I J
.._.ll~I*'lllllll'~~..!.._.
2104 ENER'~LJ) Li'l
,.
~,
1U Ct.", _11';>>11,1' fl1fM,;l'r.tJoi f I til.llc .n, "lIllllilll W1lhh.'U
Aceoun' numbe< (oplional)
12 ~.I,II,.,I'.I~I.l.~i r,lale nllmllCl
01 ',': :i:~-!j
FOIm 1099-MtSC
(keep for 't'f,ur ,eCOid!;)
Oloparllllf'lllltl'lhe luumlllY . 11111.'mal Revenue SeMce
. ,
.
~ ~~,
i:..- >~
"" , --
j'
l',C:) .::...; ~
(-' .
I",
I, "'
t._;_
('" '''-
t, "
. ' r,.:
'f"
L.:.. r.
t--:'- "
'r
I" ,.,
\.,) "~ )
",;, (.)
PACSES: IIlJ~1I1111112~
DR )~~7KI
LISA E. BARBERA
PLAINTIFF/PETITIONER
IN TIlE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY PENNSYL VANIA
VS.
DOMESTIC RELATIONS SECTION
CIVIL ACTION. SUPPORT
ANTHONYJ.BARBERA
DEFENDANTffiESPONDENT
NO. 115-511KlJ
ORDER OF COURT
AND NOW, Ihis 171h day of Juuc, IlJ'IK, IT IS HEREBY ORDERED Ilmllhc BCllch Warr:1l11
isslled Jmll1l1arll~, IIJIJK. is VACATED for Ihc followillg rcasoll: Thc Dcfclldallt has had all cffccli\'c
ordcr of allaclullclIl of illcomc sillcc 011 or abolll Fcbma,,' 2, IlJl)lI. .
cc pcliliollcr alld resPOlld:)
cc. Wllh;II~1 C. Vohs, Esq ::,> ,n..u..:t... cl
Cl' Mark" Emc" ) ,""t..~
'-~..._.-
URO R. J Shadday .../ CJ;l.lq~
j,F".j
>- t:> ....
~ 1.:::
t"'- 6; - -
" 4.::-
UJ ~.~..:
C)";
tJ:~ ......:;
U, .J
q: f.....' (. "
c> C'J , .
L:j .. ;
E.~! , .. J
.: _. ~.!...
~
" ~ ::>
u u' W
>- t;D '-
u; ~
.."' ';':
~--: (,,/' "'1'
1.'..:
<.' ,
~::
l"-i ,
~ " 'oj !
~.
C~ N .. ,
. I , " : 'j
-..' .. '.
- .:~ ;
I (;~
C C" 0
(6) The hearing is expected to take 2 (hours) ~.
, (7) Ad~itic:lDll1 ,information, if any, relevant to the motion: Defendant has
1nterrogator1es 1n Wh1Ch to answer and h1S counsel filed a Motion t W' w
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
LISA E. BARBERA
Plaintiff
vs,
Am'HCNi J. BARBERA
NO. 95-5089
19
MOTION FOR APPOINTMENT OF MASTER
LISA E. BARBERA (Plaintiff) ~jf~HJ:,
a master with respect to the following claims:
( X) Divorce
( ) Annulment
(X) Alilllony
(X) Al1mony Pendente Lite
moves the court to appoint
(X)
( )
(X)
(X)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the lDOtion states:
(1) Discovery is complete as to the c1aims(s) for which the
appointment of a master is requested,
(2) The defendant (has) ~ appeared in the action 0IJ1Iil1i1J.l~
(by his attorney, Carol J, Lindsav ,Esquire).
(3) The staturory ground(s) for divorce (is) (~ irretrievable
breakdown
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested,
(b) An agreement has been resched with respect to the
following claims: None.
(c)
~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXYYYYYXYyyyyyyyyyyyyyyy
(5) The action (4,-mII:)c (does not involve) complex 188ues of law
or fact.
outstanding
Date: January 15, 1998 :r ...) ~ ~
Attorney fd'r (Plaintiff)
AND NW 1.__ (~ O~~9rINTING ~ ~)
is appointad~ with r..pect to the following claims:
Esquire,
,
J
~..
'.,'
F:~E~'.c:;:::~
", ," ,._, ',", '\'/':"1
>,1 ;'1
C'l :t,','
.,(1
., ~ ~:, "'. "n
..I .. .-" .i:"
C':. ~.'..
f"' ,"
I '~.: \
, ,;:'Y
~ '
>.;: ,n ;-
~ 'J <'- 1-:
" "
1-'
~ -
\tl:;.
C~..
.-,
u.. .. C...
L1~{
~~ !;)
" ,
':':i. ..
"
lJ: ' 0&:. '0_
....
L'- ce :.J
0 c), l.)
c:\wpSl\blrbo..\I.....r,mn file "4'lll~95~J2 November IR,IW7
~
The undersigned, Carol J. Undsay, Esquire, avers that the facts set forth in the foregoing
instrument, based upon information and belief, were developed from conversations with Defendant
and information gained in the investigation of this file, and this Verification is rnade for the reason
that Defendant is outside of the jurisdiction of the Court, and that his Verification could not be
obtained within the time allowed for the filing of this pleading, and this Verification is made subject
to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
A<<orneys for Defendant
By:
Carol J, Lind ay, Esquire
101/44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date:
3
l'
,
. I
I
I
I
.:\wpSl\b."'.n\......'.ron m. '49lXl-9~12 N"..mhc, 18,1'117
LISA BARBERA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-5089 CIVIL TERM
Plaintiff
vs.
ANTHONY J. BARBERA.
Defendant
IN DIVORCE
AND now, this If( day of ~IH~ , 1997, I, Carol J. Undsay, Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that
I served the within Answer to Petition for Contempt this day by depositing same in the United
States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Thomas J. Williams, Esquire
MARTSON. DEARDORFF. WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Defendant
By:
~
~
Carol J. Un~ay, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
Ci: \.C) ;-
:;;: t~;
,-- .. , .:
~u8 - t.):.;
). - -- "
rtf' :
,. . ~ ':':,j
Oc .n ",'
6: ,I::;
u-.',
E" :- ."'-1
. :-L S! :~r.:...
~-
" 1- -'
U c.r U
.
d'\hiuhera\an.wcr rile II 4')l.~IJ~.U2
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA BARBERA,
VB.
CIVIL ACTION - LAW
NO. 95-5089 CIVIL TERM
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
NQTICE
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the
following pages, you must take prompt action, You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the Court,
A judgment may also be entered against you for any other claim or relief requested in these papers by
the Plaintiff. You may lose money or property or other rights important to you, including custody or
visitation of your children,
When the ground for the divorce is indignities or irretrievable breakdown of the marriage. you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LAWYERS FEES OR
EXPENSES BEFORE A DECREE OF 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.
COURT ADMINISTRATOR. FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
CARLISLE. PENNSYLVANIA 17013
17171 240-6200
FLOWER. MORGENTHAL FLOWER 81 LINDSAY, P.C.
::'''-;r ~''t'~~
Carol J,'bndsay, Esquire
ID # 44693
11 East HIgh Street
Carlisle, PA 17013
(717) 243-5513
Date:
.') if h~.
I I
d:\b.rbcra\.......' me I 4CJOO.9S-01
USA BARBERA,
Plaintiff
va,
ANTHONY J. BARBERA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-5089 CIVIL TERM
IN DIVORCE
ANSWER AND COUNTER-CLAIM
COUNT I - DIVORCE PURSUANT TO
$ECTION 3301 (C) OF THE DIVORCE CODE
1. Admitted.
2. Adrnitted.
3. Admitted.
4. Adrnitted.
5. Admitted.
6. Admitted.
7. No answer required.
WHEREFORE, Defendant requests this Honorable Court to enter a Decree in Divorce
divorcing Plaintiff from Defendant.
COUNT II . DIVORCE PURSUANT 1:.0
$ECTIQN 3301 (D) OF THE DIVORCE CODE
8. No answer required.
9, Admitted that the parties are now living separate and apart.
WHEREFORE, Defendant requests this Honorable Court to enter a Decree in Divorce
d:\barbcro\.nsw.. file # 491Jll.'/S.02
divorcing Plaintiff from Defendant.
COUNT III . ALIMONY
10. No answer required.
11. Denied that Plaintiff lacks sufficient property to provide for her reasonable means,
Denied that Plaintiff is unable to support herself through appropriate employment.
12. Denied that Plaintiff requires reasonable support to adequately maintain herself,
WHEREFORE, Defendant requests this Honorable Court to deny an award of alimony,
COUNT IV . EQUITABLE DISTRIBUTION
13. No answer required.
14. Admitted.
1 S. Admitted.
WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital
property.
COVNT V . ALIMONY PENDENTE LITE, COUNSEL FEES.
COSTS AND EXPENSES
16, No answer required.
17. Admitted that Plaintiff has employed counsel. Denied that Plaintiff is unable to pay
the necessary and reasonable attorney's fees for said counsel.
18. Denied that Plaintiff is unable to sustain herself during the course of the litigation,
WHEREFORE, Defendant prays this Honorable Court to deny alimony, alimony pendente
lite, counsel fees and costs,
)
d:'~.rto<..'.nliWer file' 491.~'1~~11
CQ.U.NIEB:CLAlM
DIVORCE PURSIJANT TO SECTION 3301 (A).W
19. In the course of the marriage, Plaintiff, Lisa Barbera, has committed adultery while
Defendant was an innocent and injured spouse,
WHEREFORE, Defendant prays this Honorable Court to enter a Decree in Divorce divorcing
Plaintiff from Defendant.
DIVORCE PURSUANT TO SECTION 3301 (A)(6)
20. In the course of the marriage, Plaintiff offered such indignities to Defendant, an
innocent and injured spouse, as to render his condition intolerable and his life burdensome.
WHEREFORE, Defendant prays this Honorable Court to enter a Decree in Divorce divorcing
Plaintiff from Defendant.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P,C.
Attorneys for Defendant
By:
'--.-
aral J. Lind ay. Esquire
D # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
,
d:\hlrbera\I"""" file 1# 4'lOO-9S~11
, '
LISA BARBERA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95.5089 CIVIL TERM
Plaintiff
VI.
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
qflt A'/.'M ./
AND now, this day of I ' 1996, I, Carol J. Undsay, Esquire,
of the law firm of FLOWER, MORGENTHA~, FLO~ER & LINDSAY Attorneys, hereby certify that
I served the within Answer this day by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Robert G, Frey, Esquire
FREY & TILEY
5 South Hanover Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
AttorneYI for Defendant/Petitioner
By:
/ Carol J, U dsay, Esquire
~ _ ID # 446
11 East High Street
Carlisle, PA 17013
(717) 243-5513
>- c:) ~-
{J,
i: ; <
U~l~~ --
0 ,
p,:' . ,
-'r - "
Q, C'\
Q: ~ ~
I - .
,
L.:- r~ " i:J
L'_
t "-,
i l.l.. H1 .:>
i u U\ 0
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA E. BARBERA,
Plaintiff
CIVIL ACTION - LAW
v,
ANTHONY J. BARBERA,
Defendant
NO. 95-5089 CIVIL TERM
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please enter my appearance for the Plaintiff, Lisa E.
Barbera, in the above-captioned matter.
Respectfully submitted,
~~~
Attorney ID No. 65208
11 W. Pomfret Street, Suite 2
Carlisle, PA 17013
(717) 249-5373
TO THE PROTHONOTARY:
Please withdraw my appearance for the Plaintiff, Lisa E.
Barbera, in the above-captioned matter,
Respectfully submitted,
FREY & TILEY ,....-:-
V~ o--~-->-j-..d ,A-~
Robert G. Frey, ESqUire~
Supreme Court Number 46 7
5 South Hanover Street /
Carlisle, PA 17013
(717) 243-5838
l' ......l('WlM.t'h'U..Ull:......"mrrrr ""
~
~ C\J C
~ ;;:
I' ~ -,li
'J
.... )~
ii: -~~
8. II'>
- .);z:
tflL g :~~
-,.
,::: to<( -<
& ~ a
, llll.U\DAT "'ILI'(JlNDCX:1MOO1.Pl.A.I~
C'lMIN. I~'U.'" II suo AM
In'lMllt loo....'IUIIIAM
LISA E. BARBERA,
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5089
v.
ANTHONY J. BARBERA,
DEFENDANT
IN SUPPORT O. vn. C~
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please withdraw the appearance of HANFT & VOHS on behalf of Plaintiff in the above
matter.
HANFT & VOHS
By ~~AA ~
William C. Vohs
11 West Pomftet Street
Carlisle, PA 17013
Dated:/O/2f/Y7
Attorneys for Plaintiff
Enter the appearance of MARTSON, DEARDORFF, WILLIAMS & OITO on behalf of
Plaintiff in the above matter.
MARTSON, DEARDORFF, WILLIAMS & OTTO
By ~~J /Ad, ~-,
Thomas J. Williims, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: ,t)k<;/? l
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA,first class mail, postage prepaid, addressed as follows:
Carol J. Lindsay, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
II East High Street
Carlisle, PA 17013
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ci;!/~ .(). f~rpt~t
ncia O. Eckenroad
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Oated: October 28, 1997
DR 25781
LISA E. BARBERA,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: CIVIL ACTION - DIVORCE
VS
ANTHONY J. BARBERA,
Respondent : NO. 5089 CV 1991
PETITION FOR CIVIL CONTEMPT
TO THE HONORABLE JUDGE OF SAID COURT:
The undersigned Petitioner, R. J. Shadday, of the Domestic Relations Section
represents that:
1. Lisa E. Barbera, who resides at 357 Pine Grove Road, Gardners, PA 17324 was the
petitioner and Anthonv J. Barbera who resides at P. O. Box 55, New Klnastown, PA 17072 was
the respondent in an action instituted in the Court of Common Pleas of Cumberland County.
Pennsylvania on SeDtember 13, 1996 .
2. That since the entry of the Alimony Pendente Lite order in that action on December
16, 1996 the respondent has willfully failed to obey the said order in that the respondent has
failed to maintain payments as directed per court order.
3. If the Court finds that you willfully failed to comply with it's order for Alimony Pendente
Lite, you may be found to be in contempt of court and sentenced to a oeriod of incarceration for a
oeriod not to exceed six month
lNherefore, Petitioner respectfully prays that the Court find the defendant in contempt and
further prays for such other relief as to the Court may seem Just and proper.
I verify that the statements made in this Petition are true and correct,
I understand that false statements herein are made subject to penalties
of 18 pa C S Sec. 4904, relating to.!l.nswom falsificallons to a!'lhOfflies
Dated: Januarv 10, 1997
, ,
I ~
^
.'
t. ;:':'::''?r
/'
oJ n
J:) '- .....,
:I ..c
u 0 -
.;>- ..s:.
1 ><
0 C. I).,)
~
~l '- "---'
'" -0 .
.- cI .)
6 ~ oJ -
I/'l d q:
'- -
-.J Cl-
. ? ."....
..
v
()o
o
\.[)
6
"-
oJ
SJ
I..
,.8
?
?
c.J
~
,-
01
SJ
Ul \..
cJ 0
<;S:J
. i!
I II U U U U U ~~ u :; u II ~~ I! I! !:!: ~.. .... 1:1:
~.. ~..
:i :i:i :i:i :: i: :i: .. :i:i .. :i:i .. ... .. .. =~ ~~ EE
.. .. .. ,.. ~.. ..~
.... .... .... .... .... "'.... ..'" .... .... .... .... .... ..... ~.. .." ....
!I 00 00 00 00 00 00 o. 00 00 ~~ 00 ~~ ~~ '~~ .~~ II ..
~~ -:~ ~~ ~~ ~": ~~ ":~ ~c: ":~ -:-: 00
I:
"
..
~ \I .. .. .. ... 00 .. o. .. .. .. o. .. .. .. n n ~~
" 00 ~~ o. 00 ~~ 00 00 00 ~~ ~l:!' ~~ 00 '0 .0
~ . . .~ '.; 'N . " 'ti
~ ~ !l !l
0
.. s;
I: ~
i I
'Zl~ !i
a' I .0 00 00 gg o. 0" 00 .. .. u 's. Ii ~~ ~~ '~~ ~~ ~~
-5 00 00 00 00 00 ~~ ... ~~ . .~
.. ' = . .' .....; . . . .;"
j~ ~ . . .. .~ .. .. = . .. '. = .
~ .. ~ ~ '.. ~ '.. ~ .. ~ .. .. ~
J j : I I II II II l! If If . II . II If .. . II " Il II II
....
il~3
l. ! I~ ... :u lill '!~ ... .... ..0 "0 .0 .... :I: II II 1;1 II ia u
..0 ~-: ~~ ~~ ..0 "!~ ..0
~ . ':' ':' ~ . . . ,: . ..' ,: . ,: . ,: . ,: . ,: ."
11 ~ po .. ~ ~ ~
eJ I!g .... ... ~. ;:: ~~ ~~ ~~ I!: .... ~.. .... ~.. ;:l'l .... ... ....
"0 .... ... ~.. ~o ... .... ... .... ....
.... ...i =:: i~ i~ I:: .... .... ..; .... .... ill ~j ~~ Ii~ li. Ii.
.... .... .... .... .... ... ...
I! o. .. o. III II II ~~ 00 '00 gg o. o. ... .. u u ..
00 ..0 ... ~~ 00 ..0 00 00 .0 00
.. ii ii n 00 00 o. 00 .0 00 ii ii ii ii ii ii ii
/ill iii n n =:.1 .0 .."
~.. .... .... .... .... .. ...
J
n i. h h h h II II h II h h h Ii h h h h h
~ !! u~ I; I! ~j t.. .... ... .... U \:1 tl: U ~i \:.. 1:0 U U U
.." "I u sa .... ...=t
n i;R :i ~I .... :1 =1 at =1 ~r: ::r: ii's; SE
". "0 "0 ~I $1 1:1 ~I "I ~I ~i <:1 ...0 ~I U ..... ~I
"I "I ~I ~. ~. .. .1 ::1
. . 0 0 0
12/1e/1997 17:48 8142242988 .
. . .'
..
t! l!r: r:r: l!t! ;!l!"::r: ::I!! (:(: 1!#!'!:1:
I .. l!'. .. .. .. ~. E'. ~= .~
~~ "=.'== ::' =~ ~~ t~" J~
r ~... .:.
. ~ ~~ II ~; ~~ ~~ ~~ ~~ ~~ ~~
.
~S .. II ~:!! ~I::. II :: :: ~~ II II ::
.. ~ . ~ ~~'" ~ ~ ." ~ . ti . i
" "
e. I! a
.. I: ..
J~!i !i l' l' ;' i~ i~ l' :';~.l~
~! ~ : I_ . II II' II . . .
it.
II!) ; 00 ..0 00 ~I ".~ o,ol! 0..00 100 ~I
~ i ~~ ~~ ~~ ~ : = ~. ~ -
f
I
J .... ... ::~ n u .... .... .... \!:
.", .... ... ... 0"
~. .:. .:. ~i G~ ~~ ;= ~= ."
.. ... ... U,'
I: ,;
..
, .. .. II .. ~~ ~~ III :: III
.. .. ..
f ii ii ii ii s; , . ii
00 00 00
00 00 n
... ....
:=4:i
I~
n il ls 15 Is Is 15 ., 15 15 I
~ . i! ~i ~i ~= ~I i! ~i ii ~I ,
n ~ ,1 = =1 = =1 ~ ~ :
SMITH TRAl~T
..
,.
"
. . . .
, ,
, .
"
.'
, ,
, .
"
. ,
.' .
.'
.' '
In the Court of Common Pleas or CUMBERLAND County, Pennsylvania
DlI:IIE.\T1C RELAnO~S SF.CTIO:ll
P.O. BOX no, CARLISLE, PA. 11013
Phone: (717) 240-6545 Fax: (7t7) Z4O-6248
Plaintiff Name: Lisa E. Barbera
Defendant Name: Anthony J. Barbera
Docket Number: 95 CV 5089
PACSES Case Number: 094000024
Other State ID Number:
1'1_...... AU r.......poaclaK.lD.... iad.....lb. PACSE.~ C... :II1Dhor.
Income and ["oense Statement
THIS FORM MUST BE FILLED OUT
Ilf ynu an: sclt"-<:m(lluyctl ur if ynu are salaric:t.l hy a business uf whidl yuu an: uwm:r in whole or pan. you must
also liII .,utlhe SU(l(llelllentallncume Slat.mem which a(lpears onlbe last (lage uf this incomc: and ex(lc:1ISC
'lalemem,)
INCOME STATEMENT OF Lisa Ellen Barbera
I veritY Ihat the stalements made inlhis hll.lIrnc: and Ex(lc:1ISC S13ll:ment an: lruC and COlTCCt. I undcl'SWlll that
lalse: stalell1Cnts herein are suhjcclllllhe criminal (lc:naIties of 18 Pa. C.S, ~ 4904. relating 10 un,..wom
Ialsificalionlo authoriries. ~ 'C7~ . 0
17/1n/Q'7 l_lllJ pl,nC17tti,_
Dale Plaim. I ur Delcrnlalll
INCOME:
Emplnyc:r Qni ~h '1'r:ar'lGty'''+
Aililr~ 111 ~ l"'lncuznn ~n, Dn;aring ~il'\9J' PA
Type: ufWurk Driver Recruiter
h.nlizc:t.l Payn.U Dc:t.IuclimL':
Pay",U No, 1l'IRI Gmss Pay (lCr Pay Periud S 500.00 Pay Period (wkly.. hi-wkly.. elc.1 weekly
Fc:t.Ier:a1 Wilhhulding S 57.91 SIIc.al SccurilY
I Slate Income Tax S 14,00 Retin:nll:lIl
Crc:t.lil Union IS Life hL'Ura11l:e
S 37 ,32 L.",al Wage Tax
S I SavinlJS BmlW;
I S I Hc:llth I l1.,'Urance
Ss.oo
s
, OIlier DctllIClimL' I '(lCClly I
$12.00
$
:-.leI Pay pe:r P:ly P.ril1<l S 378_ 77
Service Tvpe: M
FllmllN-OOIl
Wllrker 10 21201
hll.:onlC and ExpellSC: Statement
PACSES Case: Number
094000024
(Fill in AP!lml'riate Columnl
EXPENSES
(continued) WEEK MONTH YEAR
Waler S S S
Sewer 25,00
Employment
Public Tr.u\)'JlCINliulI S S S ,
LUlll.:h 100.00
Taxes
Real Estate S $ $ 918.14
Pe[1l(lIIal Pmpeny I
Income 300.00
Insurance
HomeuWlICfS S S 1$ 205.00
Autolllobile 998.00 I
Life 135,00
Accident I
Healdl <;n_nn
Other I
I
."..omoblJe I
PaynlCDlS S S 287.00 S
Fuel 130.00 I
Rq>airs 500.00
I
Medial
Dtlcmr $ Is S .."" "0
DemiSI ]50.00
OnhoollntiSl
P3@e 3 tll b
Film! IN.Q08
Wnrker ID 21201
ServIce rvllt: M
Ino;llme and Expense: Slalemenl
PACSES Case Number 094000024
(Fill in Ap""'l'riale Culumnl
EXPENSES
(contlnuedl WEEK MONTH YEAR
Hllspital
~etIidne 100.00
Sflt:Cialllm1s (gIL'iSl:S.
hrao;c:s. IInhllpetlio; 250.00
lIevio;esl
Educalion i
Privale So;hlM11 $ $ $ I
PanM:hial SdllMlI
ClIllege
Religinus I
Penonal I !
clnlhing $ $ $ ^^^ nn I
F.MId 225.00
Barl1ertHainlressc:r 10.00
cretlil Paymems:
I Cretlil Canl 50,00
Charge Ao;o;llunl
~eRlho:rships
Loans
Cn:dil Uninn S S $ I
I
MIKelIaJI&ous
Hllu....:hnlll Help S $ 1$
OlihJCan: I I I
I
, I
Papersl !kM,kSl Ma,wl1l: I I
Elllcnallwem 1 ~^^ ftft
P3v TV I A'>n ftft
i Va.::uiuu I I 500,00
Pa,e 4 .., ~
F.,nn IN-008
W.,rker ID 21201
SelVl<e Type M
hll:llnle ;;.:uj Expense Stllemcm
PACSES Case Number 0940000~4
EXPENSES
(continued)
(Fill in AllJ'Impriale clllumnl
MONTH
YEAR
WEEK
Gifts
Legal Fees
Charitable CmnribulillllS
Olher Child Suppn"
Alimnny Payments
400.00
1,100.00
Other
$
$
$
, TOTAL EXPENSES
$
$
$
1
PROPERTY
OWNED
!Ownenhlp ·
I
'H W J
,
DESCRlPfION
VALUE
I
Oll:.:killg A':~IlUlll~
Savings A':':IlUlIIS
Crc:dit Uninn
1$ 100.00
I
x
5lllcks/8llnds
Re:u Estate
IOdler
IRA
TOT AL
1$
I NSUIlANO:
CtlMPANY
I'IILlCY'
,
,
I Coyenp.
i H W C
,
, Hnsflllal Highnark
i Blue C",Sos -
Odler
: ~c:dical . Highnark
. Blue 5111cld
I OdlCr
. H - Hushand W - Wilt: r 1\'mhlllCll J . JllIlIl
x
x
P:U!C 5 lIt n
FnntllS.008
Wnrker ID 21201
Sel'o'"e Tyt'C M
Incumc: aJ1Ii Expense: SL1Ic:mc:m
PACSES Case Number
Conn.. .
tNSURANl:E
He:ahhl Accident
Disability Incume:
Dental
Other
* H - Hushand W - Wife: C - Comhined J - Joint
(;l)MPANY
POLICY /I
H W C
SUDDlementallncome Statement
a. This tilnn is III he tilled out hy a person
(II whuope:rates a husint:ss or practicc:.~ a I?wfession. llr
(2) who is a memher of a pannership ur jUlllt venture. or
(3) whu is a sharehulde:r in and is salaried hy a closed curporation or similar entity,
h, Attach III this statement a copy llf the following documents relating to the parmership. joint
ve:nture. husinl:Ss. protession. corporation or Similar entity:
( 1\ the: most rl:Cent Federal Income Tax Return. and
(2) the: most rc:cent Protit and L'ISS Statement
c. ~ame: of husincss:
Address and te:le:phone: numher:
d. ;o.Iature: of husinl:Ss Icheck onel
( 1) pannership
(2) joint venture:
(3) prot~sion
(4) closed corporation
(5) olhe:r
c:, ~ame: of accuuntant. controlle:r or uther pe:rsun in charge: uf tinancial rl:Cords:
f, Annual income trum hUSIIIl:Ss:
( II Huw I,ften is incume: received'!
(2) Grus.~ income per pay peril1d:
,3) Net income per pay pefh1d:
(4) Spt:titil:ll ..tc:ductilms. it any:
PallC b ,,' b
Form IN-008
Wnrkc:rlD 21201
Scrvkc Tyl't' M
~ 1 040
Label
U..lho
IRS lobol,
OIherw1$O ,
please pnnt
or typ..
Pre.ldontlol
Eloc\lon
Compolgn
filing Status
Ched< only
one box.
Exemptions
II more than
6 d.p.nd.nts,
see IOStrs
Income
Atla<h
copy B of
yourfOrml
W.2, W.2G."
1099-R here.
" you d,d
~ct oet a
W-2, see
Instructions.
:.nclose
out do not
.nach your
~aymentand
:layment
'IOucher.
Adl' ustments
\0 ncome
Adjusted
Gross Income
BM
[)l:'pn "Iont 01 th~ lrc:l!.Ury - 11\11:1[1;1, fil'.l':~l.I' ~J"!'" (I'
U.S. Individualln~ 1( Return
For the ear Jan 1 . Dee 31 199'../. vI other ta:a: cat be Innln
lmr "A ,,'
,1995. CI
_ 00 Mol wlllt Of'~ . In"" ,p.a('
19 JJ lot ,.
1995
V... a.d" lea'"' ...
u,
U\, NMnt
261-76-3011
YNh,trgmf
BARBERA
MI La,tN"'"
.,....'. Sod" leal"" No.
178-52-0707
For Privacy Act
end Poporiwori<
Reduction Act NoIlco.
_lnslNc\lon..
V.. No
X
ANTHONY
II. JaanI Rllbln. SpouM'. r.,1 NMI'
.......- ....
Hame~'" (rr.Iftbef trd,,,..u.IIYouHnt .P.O. Do.. '" 1n\tr\olCtMlfY\
1249 DEERFIELD PKWY
# 103
SIIIlI ZIP CedI
City. TGWft. PMI orra. "You HlYt . f..., M*"'. S.. InUndO"'.
.....0......
'Y".".,."c~
'f'N' ..tJllIOoC't'
--
BUFFALO GROVE I L 60089
Do you wanl $3 to 00 10 thIS 1u1d?...,........... ,................ ............,......
. 11 a int rel\.m, doe. ur ouse went $310 010 Ih'S tund? ,'" .................... .......
1 Sinola
2 Married l,hng joint roturn (...n if only ona had ,ncomo)
3 X Mallled filing separato rtn, Enter spouse's SSN above & full name her. .,.....,. ~ LISA BARBERA
4 Head of t'cusot'cld (WIth qualifying porson), If lhe quahfyinO p.rson IS a child but not your dependont,
.nter this ch,ld's name here ............... ~
Quali n widower with do endent child .r 5 ouse d,ed. 19
Vourself. If your par.nl (or someona .Ise) can cla,m you as a d.p.nd.nt on his or
her tax ,.turn, do nol check box 6a, But be sure to clieck the bOx on In 33b on PO 2,
b Sou.. "..................... "....."""......".".................".....
c Depondonl.: (2) Q<po.-.n.....' (3) -, (4)......... ,"'
~Ity runblr,lI born f~ Nt p!horM cIlIN""'..
,....- L."nom' ..,....."....- .. ..,,,. ..-
0_-
,...... "
1.....-
- ~.;;:-."..
. ...,...
..... ,.. ...
..-..
........ .. .. .
d n... ctildddn'l we.... rou bIA" cIamId")'O&I'........ '"*. ",..1915 agr""-&' d1Idll'llfl . . . . . . . . . .
o Tolal number ot ...mPtoons claimed .. .. . .. .. .. . ' . . ' . .. . . . ' . . . .. . , .. , .. . .. . . ' . . '
7 w.gos, I8lan.., tip.. otc, Attach Form(s) W-2 .,.......,......,....,...,.,""',......,.,.
e.TU8bI.inlerasl income, Atlach Schedule B" 0'" $400,..,.....,...""',."..,..,,.. ,."
b TOll_ompI inlaras\, Don' includo on hne Sa ' ' . . . . . . . . ' .l!J!.\
9 Dividend inc:OI11O. AttachSchedula B ,Io..r $400. ",... ...."..... .."....... .........."
10 T..able ,efundS. cred,ts, or offsets 01 sl.ta and local,noome t.... ......,..,...............
11 A1l111OnYrace.ved,..,..,.. .........,..,...., ,..",........,................. .....
12 BusinOS5l11COme or (loss), Atlach schedule C or C.EZ ,.......' ........,...............,.,
13 Cap0\81 oam or (losS), If requlled, Atlach Schedul. 0 ' .. ' .. . ' . .. ' . .. . . .. . . .. .. .,.........
14 Other O.ine or (1osse5). Atlach Form 4797 ,...., ' . . .. . .. .. .. .. .. .. ' , ' . . . .. .
150 Total IRA dislflbullOl1S,...... LJ!!.! J b T..abl. amounl ........,',.
16. Tol pen5IOnS & annuli'" ....lli!J J b Tuable amounl ............
17 Rantal ,..I estala, royoll..., partnershiPS, S corpor.I,ons, truSlS, .tc. Attach Sch E ........'
11 Fann InCOrI18 or (loss), Atlach Schedul. F . . . ' , . ' . . . . . . . . . .. . , .. . . . . . . . . . . ,
19 ~Ioymontc:ornponsat"'""'"'''''''' .."..........,...........
2G. Social .....tty beneftls . . I 2G.\ I b T a..bIOB"",..,t ."
n Other~ ___________________________________
22 Add the amounts ,n the tar r column for hnes 7 . 21, ThI. IS lotallncomo
23. Yru IRA deductoon ,.., 23.
b Spouse'. IRA deduct"'" . 23b
24 MovIng .......... Atlach Form 3903 or 3903 F 24
:zs One-half ot ..If._loymonl tax . :zs
Z6 Salf.employed health .,....nce deduct,on Z6
Z7 Koo;o.-l"~ 5tP plans. If S{P, _~; 27
21 Penalty on ...Iy wl\hdl....1 01 ..."ngs 21
2lI ~patdR~"SSM. 2t
9
10
11
12
13
14
15b
16b
17
11
19
2Gb
21
~22
10,271,
I
PLAINTIFF'S
EXHIBIT
3
10,271.
726.
. 30
30 Add hnos 238 Ihro h 29. Tholse a'. 1'0" tol.lodu.I-'
. 31
9,545.
51 SlilOad'" .t\l.n"2'2 ,.....,.......... ,....1.... ,'...,..... J"Ji 0.,.,(11I1(1I ""*'
..-II (/ftt....,....ZIOJ.cW~f.,..."'...a.;,... t.,..,""I)If1l'l"ftlIf' I"_M"""
Fo'm 10010 (1995)
'01,\;.111;' ".;-t.~
I
\..\
1
726.
Section 179 Expense Report
.. Keep lor your records
1995
PAGE
Nome(s) shown on return
ANTHONY BARBERA
SOClol Security Number
261-76-3011
ActiVIty
Description
01
Property
Business Use
CosVBasls
5ch C TRUCKDRIVER
1992 W900L KENWORTH
62.000.
From K.1(s):
Currenl year
Carryover
~.".,:': 'j"'-"-'"
..~".., , . _' . - - c....,....
~ 1'" '-__ -. ~r -j ''',
.~ .~:. ;~ I: ' ",r~ ~ ,,.. ~{~
'f 'i' '.. .' - ~ ,
.. ... - , .
Totall:
62,000.
Current year
Carryover
Elected
Section 179
Expense
12.000,
12.000.
r orlll 4562
"-. Depreciation and Amortization
(Including Inlonmation on Listod Prop: ty,
. At~ch \hI. lorm to your retum.
N.m.(.) Shown onR.~m I Oo..n.., lJf Acllv.ry to 'Much ttnfOl'm n.I....
ANTHONY BARBERA 5ch C TRUCKDRIVER
~ Election to Expense Certaln Tangible Property (Soctlon 179)
010: II u have an tlsted Pr er " com lete Part V before u com lele Parf I
1 MaXImum dollar limitalion. II an ent.rprlS. zone busine... see Ins~uctIOns. .' ...............................
2 Total cost of secbon 179 property placed In seNlca dlJ'lng the tax )'liar.. .. ..................................
3 Threshold cost 01 secbon 179 ptoperty before reduction In hmltabon.. .....................................
4 Reducbon In limitatIOn. Slbncl line 3 from hne 2. Illero or I.... enter .0. ..................................
5
[wCl..tm.nl Df III tr...",,,,
lnllftl.1 n....fl..,. s.n.ICI' ('fJ)
OMU 110 I~SOI~:
1995
67
~.ltfrtll' H"""',
261-76-3011
1
2
3
4
51 7 500
62 000.
$200 000
O.
Dollar limitatIon lor tax )'liar. Slb~act line 4 from line I. II zero or less. enter .0.. II married fiI'"ll
se aratel f see InstructIOns. . . . . . . . . . . . . . .' ....,.... .".,. . . . . . . . . . , . . . . . , . . . , . ' , . , . . . . . . ' . . . . 5
6 I Desc" hon 01 ro er b Cost c Elected cost
1992 W900L KENWORTH 62 000. 12 000.
SlCtlon A - Gen...1 A...t Account E11Ctlon
8.750.
;':,:;:-,.d, 'E: ..i~;~
!i".~_ '. ',' '. ~~-:;:'~tf':
~r.~~~ :.1 .... ~'~':.~~~:i~~
r:,-.,:;,r I~I.~;,:~~
12 000.
8 750.
8 750.
8.750.
~:~.1~'~' ~:.~~/1\~'Jr:ffi
14 ~r~r:re r:~~=te~~~~~~~~~n~~ I ~~ ~~~~! ~e~ .pl~.~~~ .I~. ~~~~ ~~I~~ ~~.~~ ~~~ ~~~ ~~.
(I) (b) Mon...nd (c) a.... ,,, d__ (eI) (I) (I)
Clnl/flclbanof~ yur~ ~sIv'tV"lrMnt.. R.cov.ypenod eonv.nllllon Mehld
en NI'YIte only - ... tnSt'uctlIaM)
SlCtlon B - Gen...' D 11m GDS
50.000.5.0 rs
HY
7 LlSt.d ptoperty. Enter amOlJ'lt hom hne 27 7
8 Total .lected cost 01 secbon 179 ptoperty. Add amounts In column (c). hnes 6 and 7 ......................... 8
9 Tentabve d.duchon. Enter the smaller ot line 50r line 8.. ..................................... 9
10 Carryover of dosalloweddeduchon hom 1994......... ........................... ................... '" 10
11 Taxable Income hmltabon. Enter the smaller of taxable Income (not tess than zero) or line 5........ 11
12 Section 179 expense deducbon. Add hnes 9 and 10. but do nol enter more than line 11 ....... 12
13 Ca vcr of disallowed deduction to 1996. Add lines 9 and 10. less line 12 ........... 13 O.
Note: Do not use Part /I or Perf 11/ below for listed property (automobdes. certaIn other vehICles. cellular telephones. certarn computers. or
properly used for entertarnment. recreatIon. or amusement) Instead. use Part V for listed property.
!iIiB MACRS Depreciation for Assets Placed In Service Only During Your 1995 Tax Year
(Do Not Includl Lhlld Property)
27.5 rs
27.5 rs
39 rs
h Norvesldenbal real .
property
tit!
20
21 Total. Add deductIOns on lme .
and on ttle appropnate Itnes t
.,.s 15 and 1f
'!Un Part
'Olumn (g,l. .nd hnes 171t1,ough 20. Enter here
liPS ancS ccrporahons - see tnStructlOr1S
22 for assets ~""'" above and placpd In ~f"fVI(' 'he- CJ'l!'""t ~'eJr, ('nter
the portion or the baSIS attnbutllbte to sect ,-,,~ls
BAA For Poperwon RocIuction Ad Nolle., _ in.truction..
22
I t~"-..s: II.';'\":"J"
200DB
S/L
51L
5/L
51L
5/L
S/L
S/L
17
1.
19
20
21
(0)000--
-......
10 000.
18.750.
~~"'l~ l".'~~~'t
\ ..\" ."'. ."
t~~:,:., ~ .' ,....... :~~j,
..."'.. ..,., _...... .._....-l..~_
Form 4562 (1995'
Form 2210
Underpayment of l','or" I~~O"O
Estima . Tax by Individuals, Estates anr'-'rusts 1995
.. Se. 'Ip.r.te 'n,wcUon.. .
. Atuch to Fonn 1040. 1040A. 104ONR. l040NR.EZ, or 1041. 06A
141df1t., N....'
o..UrtrMnl 0'.... T,..1UfV
Internal Rrw~ s..v.c. .
NIIM(&) Ihown on till ,.ann
ANTHONY BARBERA
261-76-3011
Not.: In most cases. you do not need to me Form 2210. The IRS w,lI ngufe 8ny penally you OWll 8nd send you a bIll. Frl.e Form 2210 only II one
Of more boxes /fI PerIl appr,/o you. If you do no/ need 10 1,Ie Form 2210. you sllll may use 1110 ngureyour penalty. Enter Ihe amount /tom ',ne
20 Of l/fIe J6 on Ule penalty /fI/t o( your return. but dO not attach Form 2210
Reasons for filing - lila, b, or c below applies to you. you may bit able to IoWl!r or alimrnata yoU' penally. But you
must check the boxas that apply /tnd file Form 2210 WIth your tax return. 1I1d bltlow applies to you. check that box and Ii'"
Fonn 2210 with your tax return.
1 Check whichever boxes apply (II no"" apply, see tha Nole above):
.0 You request a ..lvor, In certain cirCU'TlStances, tha IRS WIll waive all or pert 01 tha penalty. SafI Wllvor 01 PlOIlly in tha ntrucbons.
O You usa tha .nnUIIInd Incom.lnsllllment m.thod. II yoII' Income varied dur'"ll tha )'liar, this melhod may reduc/t the amoLnt 0' 0t1ll
b or.more raqu"ed Installments. See tha Instrucbons.
O You had lederallncome lax withheld from wages and you ~eat it as paid lor asbmalad tax PlI'poses when It was .ctu.1Iy withheld
c instead 01 in equat amoLnts on tha payment <fUll datas. See the rnstrucbons lor lin/t 22.
~n YOII' required arnJlll peymant (line 13 below) is based on your 1994 lax and you filed or era filing a joint retum lor /tithar 1994 or 1995
-!!u but not both years.
_ Required Annual. Amount
2Entor yoII' 1995 tax alter credits................................................................. ............ 2
30thar taxes...... ............................,.............. .... ..... ............................. 3
'Add lines 2 and 3 .... ....................,................... ......... ...................... ....... ..
ned Income credIt ........................................ .......... 5
..' 'dit lor hldaraltax peid on Iullis ............................................... 6
. ,'.:d IIl'I/tS 5 and 6 .................................................... ......................................
8ClJ'f8nt)'ller tax. Subtract II"" 7 from lme 4 ..................................................................
9M.Jlbply II"" 8 by 90% (.90) ............................................ .......... 9 1 815.
10Wllhholdlng tuas. Do not includa anyulmalad tax paymenls on tl1IS lme ..... ..... ... ........................ 10
11 Slbtract II"" 10 from IIn/t 8. IIIttss than $500, stop here; do not complete or IlIe this Ionn. You do not owe
tha penalty. ....... .............................................................. ........................... 11
56f..
1 451.
2 017.
2 017.
o.
2 017.
12Enter thoIlax silo,,", on Y!lll' 1994 lax ratum(110% 01 that amoLnt if the adlustad gross Income silo,,", on
that ratum is more than $150,000, or II married III.,g separately lor 1995. mora than $7S,OOOl.
ClutIon: Seeklslr1lc/1OflS ............ .............................. ................................... 12
1!RoqulrId _I poyment. Entar the.....u.r ofline 9 or lone 12 . . . .................................... 13
Nole: If Irne /0 is equal fo or more Ulan 11M /3. stop here; you do no/ OWlllh/t penaffy. Do no/ "'" Form 22/0 un"'" you checl<ed
boX Id aIlcMr.
_ Short Method (ClutIon: Read Ule mtrucllOflS 10 see ,I you can us/t the short me/hod, If you checl<ed box 1 bore IfI
PlIrt I. sI< thIS r, 8nd 10 P",'IV
14Enter the amoLn~ If any. from h"" 10 above ..................
15Entar thoI total amoLnt. it any, 01 O$~tod tax peymonls you made
16Add lines 14and 15 ........................... ..........
1.815.
........ 14
......... 15
o.
o.
17Tolll Ul~.ntlor?c:r. Subnct lme 16 from Ii"" 13. If zero or less. stop here; you do not OWl!
tha penalty. DO not Ilill onn 2210 Lnless you chetked box ld above .., ................................
18Wliply lire 17 by .06066 .. .. .. . . .. .. . .. . .. .. .. . .. .. . . .. . . . . .. . . .. . .. . . . . .. . . . . . . . . .. . .. . .. .. . . .. . .
"0 ittha amoLnton Ii"" 17 was paid on orlfllf 4115/96. enter .0..
olf tha amoLnt on h"" 17. was paid bllont 4115/96. make tha follOWIng computabon to IInd thoI amoLnt
III enter on I.... 19. .
1 815.
110.
AmoLnt on
hne 17
x
Number 01 days peid
before 4115/96
,
.00025 .
l'
2OPIIlIIly. Slbtracllme 19 from Ii"" 18. Enter tha "suit here and
on Form 1040. lme 66; Form 1040A. hna 34' Form 1000.T,
""" 42; Form 10401'fl. It"" 66; Fonn t~.EZ. It"" <'6;
or Form 1041, Ire 26
8AA For P.porwork RIductIon Act Notice. _ ....""clion..
"20
110.
Fonn 2210 (1995)
fOlZUlIZ 12~
......... Profit or Loss From Business '""'
(Sol. Propri.tol'hlp)
. P.rtn'I'hIP', joint ..ntu..., .tc, must nl. Fo"" 1065.
. Altachto Fo"" 10400rFo"" 041. . S..lnstructlonslorSchodul.C(Form 1040~
-......,.-CUN)
261-76-3011
B bWPIl......__c:.l..
6338
E _. Addtr............Jlt.'-' 1lD) . J~!t.!1~E_RnEJ.Q_PJ!lL !'_lO'.L_______ _______ _____ _ ___ __ __.
c.t)>.T_..P.O.............,.. BUFFALO GROVE, IL 60089
F AccoU'lbng method: (l)[Rj Cash (2)0 Accrual (3)U Other (SpeCify) · _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
G Method(s) usad to L....elcest OIher(llladI Doanol:&1l'J(11 ~
H ;~;~;7~~:~~~~~I;~~n;~c;;~::tvalua~~ .;:t;:~~;~.;; ;~;;?............... Y.. NIe
Did you 'matanally par1ic:lp8ta' In tha operabon ol1his business dur'"llI995? II 'No,' see Instrucbons lor 1,",lt on losses . . . . . . . . . X
II' ou started or a uirad this busIness durl 1995. check here. .. . . .. . . .. . ... . . .. . . .. . .. .. . . . .. . . .. .. .. . .. .. . . .. . .. . .. . . .. . . .. ,"1 I
Income
Gross receipts or sales. Caution: If IllIS InCome was reported to you on Frxm W.2 and Ille
'Statutory e""toyee'l>oJf on Ill'" form was Checlced. see the rrostruCtlOflS and checlc here ........... -lJ
2 Returns and allowances................. .. .............. ............... .......... ................
3 Slbnct line 2 from I,"" I .............. ................ ........................ .................
4 Cost ot goods sold (from line 40 on page 2). ............... .. .. .. . .. .. .. . . . . . . . .. . .. .. . .. .. . . .. .. .. . ..
5 Clroa.....IIl. SLbnct I,"" 4 from I,"" 3.... .... ........... .................. ....... ............... ......
6 Other Income. Including Iedaral and state gasoline or fUel tax credit or rall.nd................................
7 Gras,Income. Add lines Sand6.. .......... ............. ................... ................ ...........
Ex n.... Enlar e nses lor business usa of II' home on line 30.
8 Ad....rtoslng.................... 8 19 Pension and prohl.shanng plens . . . .. . ... 19
9 Ba~ debts from sales 20 Rant or lease:
or "erv1C8S .................... 9 . Vehicla, macl\lnery.1IId aqu~t ............. 20.
.~ f';:.. and truck expenses ........ 10 bOtherbusineuproperty ................. 20b
..omn1lSSKlns and fees ......... 11 21 RepaIrS and maintenance. .. .. . .. .. . .. ... 21
2 Deplebon...................... 12 22 SupplMls (not Includad in Part IIQ 22
23 Taxe. and lICenses. . . . . . . 23
13 Deptecl8bon and secbon 2A Trawl. meals. and entertarnment
179 expense deducbon
(notincludadinPartllQ ..... .. 13 IB 750. . Trawl 2A.
14 Emplo)'lle beneht pn;lgrams b Meals and
(other than on line 19) ...... .. 14 entertarnmenl ... . . . .. ..
15 Insurance (0U.1IlIIl tealtfl) . 15 3 366. c Entel !01(, aliI" Z4b
16 Interest ..... to Illl\lutlOlls .
. MortQage (pard to briJ, elI:) 1&. 6 230. d Slbnct line 240 from Ins 24b . ...
bOther....... ......... 1&b 25 UIIlibes .
17 LagaI and preltssllllll_ .. .... 17 45. 2& Wages (less employment etedlts)
18 0IfIca e nse.. . .. . 1. Z1 Ou. (from Ii.. 46 011
28 Totalllllll ,_ belore expenses lor busnsss usa 01 home. Add lIne. 8 tnrough 27 In colunns
29 Tentabw profit (loss). Slbnct line 28 from line 7 '
!ll Expenses lor buslll8SS usa 01)'016 home. Al1acn Form 8829
Schedulo C
(F 0"" 1040)
Department of 1M T ,..aury
1,..1.nu1 R...,......,. 5"-1(.
Na~ofProp".klt
ANTHONY BARBERA
A Pnncp.I au.n... Of Prof.ulon. IncJudll"lO ProG.ct 01 5....1C.
TRUCKDRIVER
C _.......IIHD........___.L_O......
31 ....proftlOl'(IoH~ Slbnctlone 30 from I,"" 29.
. II a profit enter on Form 1040,Ilne 12, and ..... on Schodule Sf. Una 2 (statutory
employees. see mslruCbons). Esllltas and trusts, enter on Form 1041. lme 3 ..
. II a loss, you IlIlISt go on to hne 32 . .
3Z II you hew a loSS. cheCk tl1a box '""I describes your mveslment '" !hIS acb\l1ty.
. II you checked 328. enter the loss on Form 1040.11na 12, and ..... on Schodule SE.... 2 (stalUtory
employees. see InslruCbons). Estate. and trusts. enter on Form 1041. line 3 .
}
. II you checked 32b. you IlIlISt allllch Form &1.
BAA For p............ Reduction Act NolIo. _ Form 1040 instructions.
rC>i~11111~
}
OWJf-4" l!lo4S.Q07"
1995
09
~IO"'(IIN),.""
1 101 593.
2
3 101 593.
4
5 101 593.
6
7 101.593.
24 675_
2 295.
9 664.
4 832.
2Ad 4 B32.
25 100.
2&
Z1 31 029.
.. 91 322.
a 10 271.
!ll
31
10.271.
All_In
!Z.O atr.
Some .....Im..t
!Zb;l It not at .n.
SchllOule C (Form 1(40) 1995
Schodul" SE
(Form 1040)
~, Self-Employment Tax
OMllrlO 1!lo(')OO7.
[)tplf1rMnt 01 f1e r t.......,
lnl.ma' R....enue SWYJCe
. SOl inllrucllon.lor Schedule SE (Form 1040~
. AtIoch 10 Form 1040.
1995
17
Name of P....:n..1t ..........,......Income (It thew" on fornl 1(40)
Social Secuf'ltv Nlmbcr of Person
Wltn SIII..mploymlnt Income. 261 - 76 . 3011
ANTHONY BARBERA
Who Must File Schedule SE
You mustllle Schadula SE i1:
I You had net aam!ngS from seil.employment from other \hln chll'ch emplo)'lle income ~Ine 401 Short Schedule SE or line 4c 01 Long
Schedule SE) 01 S400 or more, or
I You had chll'ch emplo)'lle income 01 $108.28 or more. Income from serVICes you performed as e mllllStar or a member 01 a religIOUS
ordar I. not chlJ'Ch emplo)'lle income. .
No": Even II you have" loss or a small amounl 01 Income /tom self-errploymenl. """'1 be 10 your beneftl 10 nte Schedule SE and use
e/fher 'op/lOfl4l mefhod' rn Par/II of Long Schedule SE.
,
Elclflllon:l1 yoII' only seil.employment income was from earnings as a minister, member 01 a religious order, or ChrlSban SCience
practiboner, ind you fried Form 4361 and received IRS apptoval net to be !axed on those earnrngs, do not Ille Schedule SE. Instaad,
write 'Exempt-Form 4361' on Form 1040, lme 47.
May I use Short Schedule SE or MUST I use Long Schedule SE?
Did you receive wages or tips In 1995?
No
VIS
Ate you e mlr1lStar, member 01 a religious ordar, or VII
ChrlSban SCience practitioner ..no received IRS approval
not lD be taxacl on earnings from these. SOlJ'Cas, but you
owe sell.employment tax on other aamrngs?
lNo
VIS
Was the total 01 yoII' wages and tJps slbj8cllD social
seCl6ity or railroad rebrementtax plUl yoII' net earnings
from self. employment more than $61,2007
Ate you USIll9 one 01 the ophonal methods lD 119lI'e yoII'
neteamrngs7
Old you receive bps slbj8ct to socllll seclJ'11y or MadlC.llre
tax that you did not report lD yotS emplo)'llr7
VII
~No
No
Did you receMl chLrch emplore income reported on
Form W.2 01 $108.28 or more
lNo
YOllIIIIY UN Short Scheclule SE below
YOllIllllll UN Long Schedule SE
Section A - Short Schedule SE. c.utIon: RUd lI/lOve /0 see II you can use Short Schedule SE.
1 Net farm profrt or (loss) from SChedula F. lme 36, and farm partnerships. Schedule K.l(Form 1065).
lme 158 ............. ...................... .................,........ ....... ........... 1
2 Net ptOllt or (loss) from Schedule C, /one 31; SchoduIo C.EZ, ,.... 3; and Schedula K.l (Form 1065),
In 158 (olnar than farming). MIIlIsters and mernbets of relIgIOUS orders see rnslrUCbons lor IIIOOUlts
to report on this I..... See InSlrUCbons tor other n:orna to report . . . . . . . . . . . . . . . . . .
2
10271.
3 Comblnelmesland2 ..... ..................
4 NetMlftil..,1rom ......mploymenL Wbply line 3 by 92.35'110 (.9235). II lass than S4OO. do not trle
thIS schedule; you do net owe seil.emnloymentla. .. .. '
5 Self "IF'lI~"'I"'tlaL Uthe amot.I'1ton hne 415:
. $61,200 or lass. mull1ply lme 4 by 1~.3'llo (.153). Enter Ina result here and on Form 1040,1111I47.
,
10 271.
.. 4
9 485.
J
,
1 451
....,. . ~ "11: . ... ~ . "t.
'. 1\. . "."(
,'{". 'l': , ' :, _~Wl'
l..;~ _! \ ': ~ :.~.
"L '1 .'"
:;:,.'.} ,., ',' ,."1:0;.
:;J'Jo)'" l "___~.,,
. Mole than $61.200. mul~Oly_lo!l8 4 bv 2.9% (.029). lhen. adQ $7,588.00 10 the resull. Enter Ina
total here ani on F'ann lQ4Q, line 47.
, Deduction lor one-hell o.Hlr..tnployment taL Mutlipl~ hne 5 ~,' 50% (~)
Enter tle result here am on ronil104O.1iM 25
8M ror F'......__ll Reduction Act NotIce, _ rorm 1040 InItructions.
! , I
726.
Scnedule SE (form 1040) 1995
'twA! 101 IDlt9J9~
..
-
...
"0:
-""~-:
""'~.. - I
[] COR~CTED (if checked) .
"
.,
;:.
: ..
OMO Uo. 1545-0115
. 1 Rents
~ ,'1". $
..~ ........ 2 Royallles
~_...- .."'" ...... s
~in(~.m:MH,~-l~~"::--1 ' . 3 ~'-r,"- .
.", . '--.; ',.", fl,~ . I .' i ..:-_;.... ":, \Ju:" .....,-/,..
.....~:...': ," ~.~._.~~ . .'.~,!..::t 'H; t.: . '",:,' :. ....~.~lr':. $..,.... ........;. "",' . .""....
PAYER'SF.,.,.,_~ REClP!E/fT'S~~~~: .,.__tu_ 5 Floh~bOOt.~~'. ':'. 'CopyB
41-14hillllJ..f,l":'1G;'.30I.l !i..:,.,'$ ...... ..;,;-..$ ; . ." '.forReCiPlent
RECIPIENTS nome. ...., ~..... (1l1ClJd;ng 1QlI.o.): Clly, """'~ l'!!,iXX!' f,. ~""'! tun~ ~ 7. 'Nonlll'P'oyt. compenutloo i. """onan! '"
'. _.,', ," _.~.,' .... ..'... .:~...l.~'l'$'~.l::': ",," .....$. .;,.')17.:1.' (l(" antom\alI<)naN11S
nmnD" ~1U\N~Mb{'r.;;.. 'jJi:'.;l~f~~ a\~.~~~",oI .]IyO,.-ollftd.....oI n~="1f~':
'J . . ef.fIC .' "t"kI.U\ \,6/..dril . ~.. .nlll.........,.,.;... "$5.000 or rnor; 01 con"'''''' SeMCe. rt you...
o . _ ., ' . ~ ':':'. d .:-. ..,~ r;;...." : '. "".;, '.,. produCtStoltiuyef",..... rtqUiredlo~18a
. Zf.l. 'lJ~.l01) "':" ... . .;: :r~'. $ . .".. . IrtOoiint)lotr.....~CJ tum.lneg<'gl!flCl!
.. . .. . ....~,. penatty cr Otl'1er
. . .. "... 10 prop.' urlnCl pmceeds, 11 Statt tncome tal wtthhetd gncten ~ be
OUIIPALO GRQVR. . Jldie01J9 S':.:'" $ .d,....~,.:;:~
11 StateJPay.'" state numbl th. IRS deterrr."'es
.If.AA.''... . lIIt,hIS"O'O...
,.....~ .", .~ .~ . t r@ponec
PAYEFfS IIrNI address. ~, state. and ZIP code
. mC-CUlOr , JlK:{' ., - .
. lA!iti GR HI' FOAD
~@95 .
Miscellaneous
Income
~..IDII....I"'."',
'__fl.........'..S_.
Fmm 1099-MISe
Aax>unI ......,.. loptlontl)
III\Nlllo, .
.
---..
(keop lor you I records)
o CORRECTED (II checked)
REC1PIENT"S/LENOER'S,no1me. slreel address. City. sU.10, .'.d ZIP coot . ThI ~ It'OM'I rrw, ndi Deli{
MEMBERS lST\FEDERAL CREIUT UNION ==:::,,:=0::.,,,
5275 E. TR IN'OLE RD. PO BOX 40 .............d....".,
"E'CHANICSBUR';'" PA 17055 =-::...--z.:.=""
. na9QI.......m......-
" ....-"""-pod"",,.
"t, wdra~byntwC*llJ".
RECIPIENTS FOClOrol ~ no. I'/l:YBI'S lodallOCUrrty number 1 MorlQIQO InI"nI ,oco_from poyt'(I)/bOrfowo'(II"
23-1360906 . '261-76-3011 . $ '.. "'016.94 ., .
PAYER'~""'.'- _ (rQK!ilg..... ~ I. ritI. ...... ~ ~P ""'! 2 PaIn" paid on purcl1U. 01 pMopal '.'IdOnCe. (500
A. THONY J BARIJERA., . \..., . " '. ~.~"~\~). '.. ..:.'
I c=49 DEERFIELD PKU 'APT..'.tOJ .'." $ . I. '. ' ." .
BUFFALO GROVE IL 60089 3 R.fundol....poId 1n1..... (S.. BOl3 on back.}
. ~~ $
"
'.
I" "
"'.
Acc:oun1 number (optIOnal)
144875-01 i
\
.
...
..
...
..
..
..
.
Yarlett's Income Tax: Service
2741 EnolaRd. ("-
Carlisle, P A 17013 '" ~!! .
(717) 243-8564
Dale./'~'" ." i '':'' 19 /"-
N.... /1. ., '. 0 f-;,6p"~ ""
I" 'I, .
Acdless /J, - y t". .' '0/ , ,/0'.,
. . . ;'
Pnen. ,. ."
~ . . :'.:Lo; I- t": ,... . - 7t..
1I0f< TUES I WED THURS
FR'
AU ,. .. ,. AU ,. SAr
.. .. .. ,. .. ,.
OIJA" DESCRIPTIO"
PRICI
I ,. '~II:l 0
'2 0.. I'.....c",
r
" ,. '.' /1' r ,
If. ',,"
r t..- c:- o
0' ro
L/ :-f, - - ,
- . '0:....
') 1- I' .
.- ~ ''''')
;
,
~
,
,
,
,
,
TOTAL .1 - (.f)
.
..
Copy B
For Plyer
The nbtNb'I n bcldt 1
2.n3i11t'ClOWl11&11
~nI.Oltlng
.....,...,.~..NlNI
AMnut SIrwa . P ..
1tlJMICI1O".rtt.rn..
",","CiI PIftIItY ~ 0I'leI'
waontlllyc.~
CI'I,ou'NiAS
-....
otWftsuttJ
youOWWfIUltO.
.....-
crlDrNMDOIl'IIS
,.........
d_'"
...-.....
',.... '
r:\wp.ll\bart>era\wilhdraw.pr< m. '49O(1.9s.o2 Jlnulry 20,1998
..
.
.
LISA BARBERA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-5089 CIVIL TERM
Plaintiff
va.
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
TO THE PROTHONOTARY:
Pursuant to the Court's Order of January 14, 1998, please withdraw my appearance as
attorney for the Defendant in the captioned case.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
By:
Carol J. U say, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date:
~J ~~ 1f/dliam~ &- (!)tto.
A rROFUSIONAl CORrORAT10N
ATTORNEYS AND COUNSELLORS AT LAw
TEN EAST HIGH STREET
CAAuSLE, PENNSYlVANIA 17013
WIU.AM F. MAImoN
JOHN B. FOWWl, III
DANIU K. DEAIlDOPJ'F
THOMAS). WILLIAM>.
1\'0 V. Orro, III
STErHEN L. BLOOM
GEORGE B. FAI.UR,JR..
M'CIlAU). HANFT
W. DARREN POWEU
TIlOMAS G. CoUINS
CARL C. RiSCH
TEWHONE
(717) 243-3341
FACSlMIU
(717) 243.1850
January IS, 1998
INTERNET
mdwo@>mdwo.com
-RoAlD CUnfltD O..,L TJJAl SrtC1Aun
Honorable George E. HotTer
President Judge
Cumberland County Courthouse
Carlisle, PA 17013
Lisa E. Barbera v. Anthony 1. Barbera )'
No. 95-5089 - Cumberland County C.C.P.
Our File No, 9008.1 /
Dear Judge HotTer:
RE:
V llL
Carol Lindsay has petitioned to withdrawal in this mailer and we have filed an Answer in
which we do not object to her withdrawal as long as it does not delay the pending divorce
proceedings. In that regard, it occurred to me that we should probably have an address of record in
which Defendant can be served; consequently, I would request that an Order authorizing the
withdrawal of counsel specifically provide that counsel shall provide an address of record at which
Defendant may be served at the time of such withdraw.
I have taken the liberty of preparing a proposed Order if you are inclined to pennit counsel's
withdrawal.
Very truly yours,
MARTSON, DEARDORFF, WILLIAMS & OlTO
1~7tA-4~
Thomas J. Williams
TJW/tde
Enclosure
cc: Carol J. Lindsay, Esquire (wlenc.)
F f111-S0"r.uUf(;f,';tT..III."-JItI
I N F () R MAT I () N . A (l \' I t: F. . A I> V () t: A (' Y ."
r'
.
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELA nONS SECTION
Defendant Name: ANTHONY J. BARBBRA
Member ID Number: 6961000027 lit J 5711
PIeue 00lt: AD tClmsJlOlldellu mllSt Iadade the Member ID NlIIDber,
DIAMOND FOX TRANSPORTATION
P.O. BOX 1557
RACINE WI 53401
ORDER OF ATIACHMENT OF INCOME
F1nanda1 Brait Down or Muldole r.uc on Attadunent
Plainliff' Name
LISA B. IWlIlllRA
PACSES
Ca.. Number
e94eoee2a
Doc:tc1
Number
to cv sen
Att.l"hmHll Al'nnIllflfiFreauelK:v
$ see. 00 IMOJmI
$ I
$ I
$ I
$ I
TOTAL AlTACHMENr AMOUNr: $ see. eo
To: DIAMOND FOX TRANSPORTATION
Pursuant to the laws of the Commonwealth of Pennsylvania the income of
ANTHONY J. BARBBRA . defendant obligor, SSN 261-76-3011
of:
is bereby attacbed to the following extent.
You are directed to pay to the Office of the Domestic Relations Section of the Court of
Common Pleas of
CUMBBRLAND
County the sum of $ 500. 00
per
MONTH
from the income due the defendant obligor. The attachment payment
must be sent to the Domestic Relations Section within ten days of the date the defendant
obligor is paid.
Service Type M
Form EN.o28
Worker 10 $IATT
.~ .
.:_IUC'':.,
.
ANTHONY J. BARBBRA
PACSES Member Number: 6961000027
CHECKS SHOULD BE MADE PAYABLE TO: DOMESTIC RELATIONS SBCTION
AND SENT TO THE DOMESTIC RELATIONS SECTION AT:
P,O, BOX 320. CARLISLE, PA. 17013
This order of attachment for support is binding upon you until further notice and shall have
priority over any attachment, execution, garnishment or wage attachment under state or local
law except one relating to a prior support order. You must commence the attachment of the
defendant obligor's income as soon as possible but no later than fourteen days from the date
of the issuance of this Order of Attachment.
You are notified further that pursuant to law:
1. The defendant obligor has been notified that an order of attachment for support would
be issued,
2, Willful failure to comply with this order may result in (i) your being adjudged in contempt
of court and committed to jailor fmed by the court; (ii) your being held liable for any
amount not withheld or withheld but not forwarded to the Domestic Relations Section; and
(iii) attachment of your funds or propeny.
3. The attachment of income or the possibility thereof as a basis, in whole or in part, for the
discharge of an employee or any disciplinary action against or demotion of an employee is
prohibited. Violation may result in (i) your being adjudged in contempt and committed to
jailor fined by the court and (ii) an action against you by the employee for damages.
Service Type M
Pap 2 of 4
Form EN.o28
Worker ID $IATT
ANTHONY J. BARBERA
PACSES Member Number: 6961000027
4. If there are in your employment one or more additional employees whose incomes are
subject to the Order of the Court of Common Pleas of
CUMBERLI\ND
County
for attachment of support, you may combine the attachment payments into a single
payment to the Domestic Relations Section and separately identify the portion attributable
to each obligor.
5. You must notify the Domestic Relations Section when the defendant obligor terminates
employment and provide the Section with the employee's last known address and the name
and address of the new employer, if known.
6. The maximum amount of the attachment shall not exceed ss % of the employee's
net income which is within the limits set in the Consumer Credit Protection Act, 15
V.S.C. U673.
7. The term "income" as defined by law includes compensation for services, including, but
not limited to, wages, salaries, fees, compensation in kind, commissions and similar
items; income derived from business; gains derived from dealings in property; interest;
rents; royalties, dividends, annuities; income from life insurance and endowment
contracts; all forms of retirement; pensions; income from discharge of indebtedness;
distributive share of partnership gross income; income in respect of a decedent; income
from an interest in an estate or lnlst; military retirement benefits; railroad employment
retirement benefits, social security benefits; temporary and permanent disability benefits;
worker's compensation and unemployment compensation.
Page 3 of 4
Form EN~8
WorbrlD $IATT
Service Type M
>- r-.
lr: u': r
,
tr .' .
( '.
I .
.
C -..
, ",
" <'.
l... -
.
.
.
,. .'~
(, C
d
...
~
c8
I"J
.'j r
~ 0 &
<~< 1
1 i
c
o
.,
a
'"t
o
~
G
/.!::.
~
.
."
.
F~
LISA BARBERA.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
DOMESTIC RELATIONS SECTION
96-5089 CIVIL TERM
DR 25.781
V,
ANTHONY J. BARBERA.
Defendant
IN RE: ALIMONY PENDENTE LITE
ORDER OF COURT
AND NOW. December 11, 1997. 10:17 a,m" on the
defendant.s appeal from the recommended order of alimony
pendente lite, after hearing and consideration of the testimony
presented, we do direct that the defendant shall pay alimony
pendente lite of $400,00 per month. with the effective date
being September 11, 1996,
A contempt petition has concurrently been filed with
this appeal alleging that the defendant has not made any payment
on the Order since it was entered on September 11. 1996.
Examination of D,R.O. records indicate that the defendant has
not made a Single payment since the date of the Order.
Therefore, we make the Rule absolute Dnd we do find the
defendant to be in contempt of our prior order directing
payment,
Having found the defendant to be in contempt, we
sentence him to a term of imprisonment in the Cumberland County
Prison of three months. We give the defendant an opportunity to
purge himself of this contempt and of this Jail sentence by
immediately making his monthly payment of $400.00. plus an
additional $100.00 per month an the accrued arrearage.
Should these payments not begin within thirty days of
/~
-- C", >-
L; 1..._
-" ,
f? (.:
UJ'., .
C': "
f~ ,
c>:
e- N
w.'
L.. . ...
I. (~ ,
'-' -=. {J
I
.
\
I
\
\
I
!
..
..~~ ..
...
~,~~ ft/~ cY (!Jtw
A I'ROFU\IOSAL U)RrOkAlION
ATIORNEYS AND COUN~F.1I.01l.\ AT UW
TEN EA.\T H IGtI STRH.T
CARIJS\.E, PENNSYI.vANIA 17013
WILUAM F. MARTSON
JOHN B. FOWWI. III
DANIEL K. DEARDORff
THOMASJ. WILUAMS'
lvo V. Ono, III
STEl'HEN L BwoM
GEORGE B. FAWR, JR.'
MICHAEL J. HANFT
W. DARREN POWEll
THOMAS G. CoLLINS
CARL C. RISCH
TEurHONE
(717) 243.3341
FACSIMILE
(717) 243.1850
January 28, 1998
INTER.'UT
mdwofiPmdwo.com
.Bo.u.D CDnflU> a\1L TalAL SPlC1A1Jn
E. Robert Elicker. II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Lisa E. Barbera v. Anthony J. Barbera
No. 95-5089 - Cumberland County C.C.P.
Our File No. 9008.1
Dear Mr. Elicker:
Thank you for the copy of your letter dated January 21, 1998 to the Defendant in this case,
Anthony J. Barbera, Your leller is addressed to Mr. Barbera at 1440 Northwest 122nd Avenue,
Penbroke Pines. FL 33026, At the time of her withdrawal as counsel for Mr. Barbera. Carol 1.
Lindsay told me that mail she sent to that address came back marked "Return to Sender."
As a condition of her withdrawal, the Court ordered that she provide an address of record for
the Defendant and that address is: P.O, Box 55, New Kingstown, PA 17072. Mr. Barbera did call
me and confinn that that is the address he is using, He also gave me a voice mail number. 1-800-
927-5784, ex!. 267. He told me that he checks that six times a day.
I am taking the liberty of forwarding the January 21, 1998 letter to his P.O. Box in New
Kingstown, together with a copy of this letter.
Mr. Barbera told me that he is employed as an over-the-road truck driver by Diamond Fox,
P.O. Box 1557, Racine, WI 5340 I, and that he can also receive mail addressed to his attention at that
address. He also told me that he essentially lives in his truck. and has no permanent residence. The
truck. by the way. is marital property. jointly titled in the names of both parties.
I N I' (l R M A I I (l N . A Il V t .- I . A Il \. (l (' A C Y '"
f 11I1\(JA.fAlllfm'>(Xx"""'.II.'Il\t11dt
Onlrd Illn~1112121A'"
. Mf\lllC\1 12 19111ull4nr\l
LISA E. BARBERA,
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
No~1ciJ~ot;k
v.
ANTHONY 1. BARBERA,
DEFENDANT
IN DIVORCE
PLAINTIFF'S PRE-HEARING MEMORANDUM
AND NOW COMES PlaintilT, Lisa E. Barbera. by and through her allomeys, MARTSON,
DEARDORFF, WILLIAMS & OTTO and files her Pre-Trial Statement under Pennsylvania Rules
of Civil Procedure 1920.33(bl, as follows:
I. Marital assets of the parties include the marital residence located at 357 Pine Grove
Road. Gardners, Pennsylvania, and three vehicles titled in joint names.
2. PlaintilT docs not intend to call an expert at trial, but reserves the right to supplement
this upon reasonable notice to Defendant.
3, PlaintilT docs not intend to call any witnesses at trial, other than the parties, but
reserves the right to supplement this upon reasonable notice to Defendant.
4. PlaintilT intends to olTer the mortgage on the marital home, and copies of credit card
bills into evidence. PlaintilT reserves the right to supplement this upon reasonable notice to the
Defendant.
5. PlaintilTis employed full time at Smith Transport.
6. Plaintiff's Income and Expense Statement is allached.
7. There are no pensions at issue.
8. PlaintilT is not claiming counsel ti.'\.'S althis lime.
9. The only dispute regarding personal property is the wedding ring that belonged to
Plaintiff's father and that is currently in the possl'Ssion of Defendant.
10. Marital debt of the partil'S includes the mortgage on the marital residence at 357 Pine
Grove Road, Gardners. Pennsylvania. in the amount of $66.000.00, along with a second mortgage
in the amount of $ 11,000.00. There is also outstanding credit card debt to the following:
a. Members First VISA. $4.000.00
b. Chevy Chase MasterCard - $10,000.00
PlaintilThas paid the following outstanding credit card debt incurred during the marriagc:
a, Sears - $1,000.00
b, Montgomery Ward - $1,500.00
c, Gordon's - $1,500.00
II. PlaintilT proposes that she:
a. retain the marital residence and its contents;
b. rctain two of the vehicles;
PlaintilTproposes that Defendant:
a. pay the Member First Visa and the Chevy Chase MasterCard due to
the fact that he incurred this debt during the marriage;
MARTSON, DEARDORFF, WILLIAMS & 0110
By ~ L.~) /;vJl '-'-
Thomas J. Williams, Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: December 19,1997
,
\,
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS li!CTION
P.O. BOX .nt. CAR11ctE. Po\. 11113
Phone: (7\7) 240 6545 Fax: (717) %. Q4I
Plaintiff Name: Lisa E. Barbera
Defendant Name: Anthony J. Barbera
Docket Number: 95 f:o/ 5089
PACSES Case Number: 094000024
Other State ID Number:
"-_ Alr_. . . .___....PACSESC___.
Income and Exoense Statement
THIS FORM MUST BE FILLED OUT
elf ynu an: liClf~mpluyed IIr if ynu an: salaried by a business IIf whith y"u an: owner in wbule or pan. YOllIIIIISI
alsll IillllUl JhI: Supplcull:luaJ II1l."me Swellll:l1l whicb appears 1111 lbe: lasl pap IIf this income and expeose
stalelllClll.1
INCOME STATEMENT OF Lisa Ellen Barbera
I verify IIw the statemcnIS nu in this hll:llme IIIlI Ex(li:llSC StalCllll:lll are trUC: and COIRCL I undmIaDd tIIIl
fabc: llWemmlS hemn an: subja1III lhe criminal pcnallic:s llf 18 Pa. C.S. 14904. rdalilllro lI&"WOm
falsificalinn III authorilies. ~. C> D
17/10/Q7 _ .'}J../111tfl1~
DIIC Plailll f llr Defellllanl
INCOME:
Empluyw:r an.....h ""'"-"~
Addn:s1 111 If! "'l~enn Dn:lIti, Dnari'YJ ~i~I PA
TypenfWork Driver Recruiter
Paynlll Nil. IIl1Al. Gmss Pay per Pay Perillll $ 500.00 Pay Perioll (wkly.. hi-wldy.. eu:.l weekly
hcnlizal Paynlll DetbM:lillns:
FaJm.1 Withhnlwn.
$ 57.91 Sndal SecurilY
$ 14.00 RClimnem
$ Lite Il\WIm.:e
$37.32 lIul Wa.. Tu ~.OO
$ Savinp III1I11b $
$ Hnlth IIlSIIl8IIC8 $12.00
$ S
SlaIl: IlIl:llme Tall
Cmlil Unilln
Other Dedlll;tiull.'Il spa:il} I
~d Pay pc1' hy Perillll $ ]78 _ 77
S.rvl~" TyfIC M
Film IN.oos
Worker 10 31201
Illl:llnll: and Expense Scalemenl
PACSES Case NWIIber 094000024
OTHER (Fill in Appmpriale Column)
INCOME
WEEK MONTH YEAR
hUcml S S 1
Dividcnds
Penlinn
Anluily
Sill:ial SCf.'Urily
RClls
Rnyallics
EXI'CJl'lCAI.'I:INIIl
Gifts
UncmplnymclII
CU.115aIiun
Workmen's
CUl1IflClLwilln
IRS Rcfund
Odler
Odler
TOTAL S S S
TOTAL INCOME S
(Fill in Appropriate Columnl
EXPENSES
WEEK
MONTH
YEAR
"cae
Mnnpac/RCIII
s
S 683.00
40.00
1
MlilICI1II1L'C
Urililics
EICl:lri~
Ga.~
65.00
100.00
Oil
TctqllllHle
35.00
Pap2nt6
Fnnn IN.oo&
hM:nmc and ElpellllC: SlalCnlCnl
PACSES Ca# Number 094000024
(Fill in AJlllmpriate CnIUlllD)
EXPENSES
(contlnued) WEEK MONTH YEAR
Wiler S 1 S
Scwer 25.00
Employment
Public Trallspnnaliun 1 S S
Luum 100.00
Taxes
Real E:i11lC 1 1 S 918.14
Persunal Pnl(lCrry
1000llIIIC 300.00
IIIS1II'UICe
Hllmcllwners S S S 205.00
AUllllllllbile 998.00
Uti: 135.00
Aa:iIlcDl
Healdl c.n nn
Other
Aulamoblle
PayltlClllS S S .,..., 1\1\ S
Fuel 130.00
Rcpai15 500.00
Medal
O<K.lIlr S S S ..no. 00
Oculist 150 nn
Onhodllflli5t
Pqe 3 uf 6
FnlUl IN.008
Wnrkcr 10 21201
,. _ . T.._.. ..
Incume and Expense SlatcnlCRl
PACSES Case NIIIIIbcr 094000024
(Fill in AIIIIOIllliare CUIWM)
EXPENSES
(continued) WEEK MONTH YEAR
HIlS/lica1
MedicillC 100.00
S(1CI:ialllCl:lb Igla5liCll.
braces. Ilnbllp:dic 250.00
lIcvicesl
Education
Privllc Schlllll S $ $
Pam:ltiaI ScblKtI
C\llIege
Rcli,illllS
PenonaI
C1nthing S $ $ n^n nn
FIKIII 225.00
Barberi Hainlrnscr 10.00
Credit PaymcDlS:
CmJil Canl 50.00
C1WVC AccllulU
MembcrshiJ15
Loans
Credil Unilln $ $ $
MIscel1anNus
Hlluschllld Helll S $ S
C1lild Can:
Pap:rslBlIllkslMa,uillC
Eull:nainmcm 'tnn ^^
Pay TV ,.,n nn
Va.:WIHI 500.00
Pace 4 Ilt 6
FIlI1llIN~
W\lrker 10 21201
Servil:c Typ: M
hx:nmc and Expense ScalcnlCDI
PACSES Case Number 094000024
EXPENSES
(condnued)
(Fill in Appropriate Column)
MONTH
YEAR
WEEK
Gifts
Ula! Fccs
Cbaritable CnOlribuliulllI
400.00
1,100.00
0Ihcr Child SUPl'nn
AlilDlny Paymems
Other
$
$
$
TOTAL E-VENSES $ S 1 $
PROPERTY OwnenbIp ·
OWNED DESCRlPfION VALUE
H W J
alcddDl Accnunls $ 100.00 X
Saviap AI.l.'tIUlllS
Crcdil Unilln
SlIIdsl8mllls
Rl:a1 Estate
Ocher IRA
TOTAL $
INSURANc.:E
t:OMPANY
POLICY'
Connp ·
H W C
X
Hnlqlital Hi
8111I: CRISS
OUcr
Mcdi.:al
8111I: Sllickl Highnar!t
Olkr
· H . Husband W. Wire C. Cllmbined J . Jllinl
Plld nf 6
X
Furm IN.oo&
Wor1I:er ID n:ZOl
SCrvltC TVJl8 M
lr.:unlC and Expense Swemelll
PACSES Case NWIlber
Co....... ·
INSURANCE COMPANY
Heallh! Accidenl
DiJability Incllme
Dental
Other
· H - Husband W - Wife C - Cllmhim:d J - Jllinl
POLICY'
H W C
SUDDlementallncDme Statement
a. This fllrm is 10 he tilled OUI hy a perslln
( I) whollpc:ran:s a hu.~inc:ss or practices a ~fIIti:ssion. or
(2) who is a memher lIf a pannership or jOlnl Vl:nture. ur
(3) whn is a sharehlllder in and is salarieil hy a closed corporation or similar entity.
h. Altacb III Ibis statement a copy of the followins documentS relating to the panncrship. joint
venture. business. pmfcssiun. corporation or Similar entity:
(I) the mosl recent Federal Income Tax Return. and
(2) the most recent Prnlit and LllS5 Swement
c. Name of husines.~:
Addn:ss and telephone number:
d. Nature of bu.~inc:ss (check one)
(I) pmncrship
(2) joint venture
(3) profession
(4) c1llsed corporalinn
(S) .lther
e. Name nf accuuntant. controller or other person in charge of linancial records:
f. Annual income frnm hu.~inC5.~:
( I ) Hnw n!ten is income received"
(2) GnlSS income per pay perillll:
(3) Nee income per pay peri.1II:
(41 Spec:itied dcdUl.1ions. if any:
Pall: 6 "I 6
FumlIN.ooa
Worker ID 21201
Servil... TYflC M
I
\
!
I
\
i
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff. Williams & Otlo, hereby
certify that a copy of the foregoing Plaintiff's Pre-Hearing Memorandum was served this date by
depositing same in the Post Office at Carlisle. PA, first class mail, postage prepaid, addressed as
follows:
Carol J. Lindsay, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013
MARTSON, DEARDORFF, WILLIAMS & OTTO
~f;!2 f)tu~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: December 19, 1997
(.'~
"
F.:.~'j.I:;>I""~'::
, -"""'(
},--';i
, ..
\: {f,
r." \'" '1'J
1!1.. II
, ..
C\
,
F .fllU O..l;T..I;fll,I.OI:NOt)('9Il,Il....MUIIIok
l'r'Nk\1 IO'U'I'II ~'lll..l;M
Rt1o,1l\I nl'1~....n14_1n4I'M
LISA E, BARBERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
v,
NO. 95-5089
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
MOTION FOR BENCH WARRANT
AND NOW, comes Plaintiff. Lisa Barbera, by and through her attorneys, MARTSON,
DEARDORFF, WILLIAMS & OlTO, and moves the Court for the issuance of a bench warrant
for the arrest of Defendant, Anthony J. Barbera, for the following reasons:
I. Plaintiffs Petition for Contempt came before Your Honorable Court on December
II, 1997. Defendant appeared through counsel, Carol J. Lindsay, Esquire. Defendant was held
in contempt and given 30 days to purge himself by making the monthly payment of $400.00, plus
an additional $100.00 per month on the accrued arrearage.
2. As of this date, no payments have been received.
3. It was established at the hearing on December 11, 1997 that Defendant has
continually failed to make any payments whatsoever in flagrant disregard of your Order dated
September II, 1996.
WHEREFORE, Plaintiff prays Your Honorable Court to make the contempt absolute and
issue a warrant for the arrest of Defendant Anthony J. Barbera.
Respectfully submitted,
MARTSON. DEARDORFF. WILLIAMS & DlTO
By '1~ ikJi ~
Thomas J. Will' ms, Esquire
Ten East High treet
Carlisle. PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: January 15. 1998
CERTIFICATE OF SERVICE
I. Tricia D. Eckenroad. an authorized agent for Martson, Deardorff. Williams & 0110. hereby
certify that a copy of the foregoing Motion for Bench Warrant served this date by depositing same
in the Post Office at Carlisle. PA. first class mail. postage prepaid. addressed as follows:
Carol J, Lindsay. Esquire
FLOWER. MORGENTHAL, FLOWER & LINDSAY
II East High Street
Carlisle. PA 17013
MARTSON. DEARDORFF. WILLIAMS & ono
~ ().~d
Tricia D. Eckenroad
Ten East High Street
Carlisle. PA 17013
(717) 243-3341
Dated: January IS. 1998
FENSTERMACHER AND ASSOCIATES, P.C.
A170RNEYS AND COUNSELORS AT LAW
. 'I
. ~ ....i...I"'..
~ '~.x.;~
~~~:
...
'(f.
M UArtTON' rAI'r"
MARK K. EMERY. ESQUIRE
DIRECT DIAL 17171691.5439
June 12, 1998
E. Robert Elicker, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17103
RE: Barbera v. Barbera
95-5089 Civil
Dear Mr. Elicker:
Enclosed please find Defendant Anthony J. Barbera's
Amendments to his Pre-Trial Statement, previously filed. We are
scheduled to appear on June 25, 1998 for a Masters Hearing.
Thank you.
Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
By: ~0~
Md"r . Emery
rc
Enclosure
HARRlS8lJRQ OFFICE
lOll UNCOLl< STREET
HARRISBURG. "" 17112
(711) MS-8610
THE GRAYSTONE TAVERN
SlllI EAST TRlNDLE ROAD
MECHANICSBURG. PENNSYLVANIA 17055
(717) 691.S400
FAX 17171691.5441
OCEAN CITY OFFICE
26 ....V AVENUE
OCEAN crrv. NJ lIIl226
(6091391.9461
~ r-' ~
;;.. N ~
0-
'~(' 0' ;;J ..-.:
\ J...
:r: , " ~ ..
~f .. .,
...-: , ,,OJ
'e . ..:,.
'.'> . -0,.)
o!: l..-.'..
~ ' ' , .:/
u.: 1- :r: fliJ
I~ :.,. :'1;1.
-, "
"- on :)
U V' U
<
""-
OZ
11)<
<>
Ul..J
..J>-
ll.~~
ZZ<
OUl...J
::!:ll.,
::!: "Z
O~O
U~-
~O~
f-U..J
"'0-
::JZ~
O<U
Uii2
UlUl
i:cc
i!:~
:!
Ul
~
<
cc
~Z~I/)
=OUl~
UlI=~O
~Oll)t-
I/)::!:Z<
ZII)<8
<"
~~~gj
!!:~::!:i:!
~ffi8~
<""00
...JUlt-t-
ll.0
I~i ;-
~~~ a~;~
~ ~ ~ n;l!;
~?,"",\g 8~~5
O~~~:U",
~~I ~~~ ~
L~~~~~~
:!
Ul
~
<
cc
u.l
<
I/)
:;j
-> ...;
>-
Z
o
:I:
~
. .
.. . .
. .
. .
.".
. .
Ft'llUUATAfIU'CiENOl)(....lIllll.AN~ 2"-
C'rntw 1{)l2J.~1IU'21l"M
1t",1.N M'11911045012I'M
, .
~.
LISA E, BARBERA.
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
v.
NO. 9S-S0l!9
ANTHONY J. BARBERA,
Defendant
IN DIVORCE
PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL
ANSWERS TO INTERROGATORIES
AND NOW, comes the PlaintilT, by and through her allorneys, MARTSON, DEARDORFF,
WILLIAMS & OlTO and answers Plaintiff's Motion to Compel as follows:
1. Admilled,
2. Admilled.
3. Admilled.
4. Admilled that counsel have exchanged telephone calls without success in reaching
each other; however, all phone calls have been returned.
S. Admitted.
NEW MATTER
6. These interrogatories were first served after the pre-trial conference with the Divorce
Master, at a time when discovery was thought to be complete.
7. These are Defendant's Second Set of Interrogatories, PlaintilThaving fully answered
Defendant's original interrogatories.
8. PlaintilT, who works full time, has been scrambling to obtain the infonnation
requested to answer these interrogatories, but, to date. has been unable to do so.
9. PlaintilTwould be willing to provide incomplete answers if desired by Defendant to
be supplemented as more infonnation becomes available.
WHEREFORE, PlaintilT prays that Defendant's Motion to Compel be denied,
Dated: June 12. 1998
MARTSON. DEARDORFF. WILLIAMS & OlTO
By .., /.-"..., 1 tv.J2. ~
Thomas J. WilKams. Esquire
Ten East High Street
Carlisle. PA 17013
(717) 243-3341
Allorneys Illr Plaintill'
- '
.
, .
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby
certitY that a copy of the foregoing Plaintiff's Answer to Defendant's Motion to Compel was served
this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
Mark K. Emery, Esquire
FENSTERMACHER AND ASSOCIATES, P.C.
The Graystone Tavern
5115 East Trindle Road
Mechanicsburg, PA 17055
MARTSON, DEARDORFF, WILLIAMS & OlTO
ra;tfr;IA' If) t-~
\......J 'cia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 12, 1998
FENSTERMACHER AND ASSOCIATES, RC.
AlTORNEVS AND COUNSELORS AT LAW
TIlE UArrTO/ff rAK'.
MARK K. EMERY, ESQUIRE
DIRECT DIAL 17171691.5439
August 14, 1998
E. Robert Elicker, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17103
RE: Barbera v. Barbera
95-5089 Civil
Dear Mr. Elicker:
Please be advised that the above-referenced matter scheduled
for a hearing before you on October 22, 1998 has been resolved
and, therefore, the hearing may be canceled. Thank you for your
efforts in this matter.
If you have any questions or require anything further,
please contact me.
Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
lIc~ 1(. enlf~~
Mark K. Emery
(..u
)
rc
cc: Thomas Williams, Esquire
Anthony Barbera
~ OFFICE
1011 LINCOLN STREET
HARRl58URO, M 17112
(717) 545.8610
'!liE GRIIYSTONE TAVERN
5115 EAST TRlNDLE ROM>
MECHANICSBURG. PENNSYLVANIA 17055
17171691-5400
~~~^A-~~
, r'" /I .
, 1, . I Iq 01}'
" 'I
"
ilL v\\A<j'
OCEAN CITY OFFICE
26 MV AVENUE
<X:EAN CITY. NJ 011226
(6091 391.9461
~ ' ,~Y I
'lll~D
In the Court or Common Pleas or CUMBERLAND County, Pennsylvania
DOMESl'IC RELATIONS SECTION
LISA B. BARBBRA ) Docket Number 9S r:v 5089
Plaintiff )
VI. ) PACSES Case Number 091000021/D25,781
AIITIlONY J. BARBlRA )
Defendant ) Other Slate 10 Number
Order
AND NOW to wit, this
FBBRUARY 18, 1999
it is hereby Ordered
that:
TIm ABOVE CAPTIONED ORDBR OF ALIMONY PINDBNTB LITB IS TBRMINATBD, BFFBCTIVB
FBBRUARY 9, 1999, PURSUANT TO TIm FINAL DBCREB IN DIVORCE.
TlmRB IS A RBMAINING BALANCE OF $S,239.29 OWED TO TIm PETITIONER AND $78.00
OllBD TO TIm DOMBSTIC RBLATIONS SBCTION FOR RBMAINING SBRVICE PEBS. TIm
BALANCB(S) IS PAYABLB AT $500.00 PIR MONTH BY A'M'ACHMBNT OF INCOMB ORDBR.
RBSPONDBNT IS UNDBR A CONTINUING OBLIGATION TO RBPORT ANY CHANGB OF ADDRBSS
OR BMPLOYMBNT TO THB DOMBSTIC RBLATIONS SBCTION WITHIN FIVB DAYS OF SAID
CHANGB.
BY TIlE COURT:
DRD: RJ Shadday
xc: plalntlff'____
defendant ~(\\I.~,ct
. T. Wll11ams. Ill, Esq. /'.Iv'\.l.l.
Semce'-f!liDMry, Esq. II ",I n
.-
RESIDENT ~E
Form OE.OIll
Worker 10 21005
F~~ :~2'-C'.:~ '~':;
C'~: .'","',",:.'j,'R'{
~" ~~n n ,\....\ II', "'. ')
'J',.;rtf~/.:j n :-H.
C." " : ".!TV
l.. ." ' _.' ' ..' .,' '..,.'''' ,I; '. ~ I
r.{),:, 1:,'1:..\'",::.:\
-4:1 J~
In the Court of Common Pleas of CUMBERLAliD County, Pennsylvania
DOMESTIC RELATIONS SECTION
Defendant Name: ANTHONY J. BARBBRA
Member 10 Number: 6961000027
PkaH 110I.: All ro"",poadaIr. 0111II bxJude IIIr M....brr ID NUOIbrr.
DIAMOND FOX TRANSPORTATION
P.O. BOX 1557
RACINE WI 53401
ORDER - TERMINATION OF INCOME ATIACHMENT
Plaintiff Name
LISA Il. BARBERA
Anandal Break Down of Mulllole Cases on Alladunent
PACSES lXltttt-
N~""'r ') Attach""n1 AmouollF..olICncy
025,781 09400002 9~.::' 5e89
TOTAL ATTACHMEl'oT AMOL'l\T.
$ 500. ee IMOImI
i ~
I
$ I
$ I
i ~
I
$ I
$ 500.00
TO: DIAMOND FOX TRANSPORTATION
AND NOW, this 7TH DAY 01" DBCBMBBR, 1999
the Income Attachment Order
dated JANUARY 15,1998 intheamountof$500.00 for
ANTHONY J, BARBBRA
, 261-76-3011 is hereby
TERMINATED, Effective immediately, you are directed to cease all payments and
collections from the income of Defendant which were authorized by said Order,
BY THE COURT:
Date of Order: December 7, 1999
JUDGE
ORa. RJ Sh~dd~y
xc: defend~nt
~
~
FornI EN.Qn
Worker ID 2U05
Srrvke Tyrr M
~
"
cP
--
~
~',-, 0""
. "..'
-..1.
.'
,-
-'
~.:
,.....;
:'."}
~.,
.~:
'.-
~")
;';
I:"~
, t'~
. "
c>
...
"
~\.) e- II L: '5L)~~ \, \~
LISA BARBERA.
Plainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
1'*5' - 5'o'it9
96 598,. nVIL TERM
DR 25.781
V.
ANTHONY J, BARBERA.
Defendant
IN RE: AlIMONY PENDENTE LITE
ORDER OF COURT
AND NOW. December 11. 1997, 10:17 a,m., on the
defendant's appeal from the recommended order of alimony
pendente lite. after hearing and consideration of the testimony
presented. He do direct that the defendant sholl pay alimDny
pendente lite of $400.00 per month. Hith the effective dote
being September 11. 1996,
A contempt petition has concurrently been filed Hith
this appeal alleging that the defendant has not mode any payment
on the Order since it Has entered on September 11. 1996,
Examination of D.R,O. records indicate that the defendant has
not mode 0 single payment since the dote of the Order.
Therefore. He make the Rule absolute and He do find the
defendant to be in contempt of our prior order directing
payment,
Hoving found the defendant to be in contempt. He
sentence him to 0 term of imprisonment in the Cumberland County
Prison of three months. We give the defendant on opportunity to
purge himself of this contempt and of this Jail sentence by
immediately making his monthlY payment of $400.00, plus on
additional $100.00 per month on the accrued arrearage.
Should these payments not begin within thirty days of
96-5089 CIVIL TERM
PAGE 2
today's date, we direct that a bench warrant shall issue for the
defendant's arrest,
We direct plaintiff's counsel to monitor the situation
with the D,R.O, SD that counsel can remind D,R,O. since D.R.O,
has many other cases to monitor.
By the Court,
D.R.O,
Thomas J, Williams. Esquire
For the Plaintiff
Carol J. lindsay, Esquire
For the Defendant
:mtf