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Home My WebLink About00-06208 ",'Ii "'''' '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. [;,1' ::,,1 . . ;f. '" '" ;f. .. . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Grace L. Cunnungham Plaintiff VERSUS Charles E. Cunninqham Defendant AND NOW, PENNA. No. 00-6208 civil Tenn DECREE IN DIVORCE 1:P<-J.., 30 c::r f. 'lI0/,P1 ~J- ,rrvu ,IT IS ORDERED AND DECREED THAT Grace L. CUrmingham , PLAINTIFF, AND Charles E. Cunningham , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; the attached Stipulation And Aqreement is incoxporated in but not merged -'" - _-:--.,.~" . f"'" _.,-r:~;''''''''" ;,_,'_-___. "-,f An'S;'~~ PROTHONOTARY . . . fE '" "''''''' '. "'~"-'^" ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . ;'-,:.; '_~~j!!,j~~,_"".",,'--'''''_,I.w' _ ....____.J ,__~ _.__ Itl~~- /3g /30 - "~~-l~iIIlilIl ""' ~"...~~." -, "'......:........ ~ - '.t" \" # ',h '! I 1 I M.C'~ ~~4~ 11~~p4~-~ I i t.,- i> I I;; ~" ~~. t I' ,- ~ ~. [; 11 \ I! t I L~ ~ .~__ _ 0 ,_ , GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OFCOMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW NO. 00-6208 CIVIL TERM CHARLES E. CUNNINGHAM, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: U.S. Certified Mail number 2355005754 accepted September 15, 2000, signed by Charles L. CUtmingham. A copy of which is attached hereto. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: Plaintiff was November 12, 2002, Defendant was November 12, 2002. Both Affidavits of Consent were filed of record with the Prothonotary of Cumberland County on November 14,2002. -~~" r , 4. Related claims pending: None 5. Indicated date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Section 3301 (c )or 3301 (d)(1 )(i) or the Divorce Code: Plaintiff s Waiver Executed on November 12, 2002. Defendant's Waiver executed on November 12,2002. Both Waivers were filed of record with the Prothonotary of Cumberland County on November 14, 2002. Respectfully submitted, Date: y -'m!!~~ r, . '- .~ s . . Complete Item, 1 and/or 2 for additional services. . Complete items 3, 4a, and 4b. . Print your name and address on the reverse of this form so thaI we can return this card to you, . Attach ltlislorm to the l.on! of the maHpiece, or on the beck if space does not pennit . Write .Retum Receipt Requested" on the maitpiece below the article number. . The Return Receipt will show to whom the article was delivered end the dale delivered. , ~. " -8 , .- .. " 1! " > " ~ " S .c o 3. Article Addressed to: ~ . tA~ (l#h~'-'i~ f. !:'-WIIJ.IAJtfH'M.d ~ '1n3&.40vS~{'pvrl- rilr.I/~ .I . Aect.-, Gs kJv~ . /If ' 170~ ~~ ...... ~ , '" .*lcerlilied . r &insured .0 COD "' "'I Domestic'Retu\p Fp."~ipt ~,~"~ '" ~.d~ .,; U ~I " Ul D. 'il u " a: c ~ ~ li a: ~:I 'il ~ ~ ,g ~ g,) '" c " .c I- " .~ \ " Martsolf S Bratton ATTORNEYS AND COUNSELORS AT LAw F.R. MARTSOLF BRUCE F. BRATTON 2515 NORTH FRONT STREET P.O. Box 12106 HARRISBURG, PENNSYLVANIA 17108-2106 TELEPHONE (717) 23844241 TELECOPIER (717) 233-6791 FILE NO. September 26, 2000 000073 Office of the Prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Re: Cunningham v. Cunningham Docket No. 00-6208 Dear Sir or Madam: I enclose herewith an original and one copy of an Affidavit of Service to be filed in the above-referenced matter. Please time-stamp and return the extra copy to me in the stamped, self-addressed envelope enclosed. Thank you. - F. Bratton BFB/ner Enclosures cc: Ms. Grace L. Cunningham (w/enc.) -~~ , ~ .. ,,~ ^, ., ~-"', " . GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 00-6208 CHARLES E. CUNNINGHAM, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA S8. COUNTY OF DAUPHIN AND NOW, this 26th day of September, 2000, personally appeared before me, a Notary Public in and for the State and County aforementioned, Bruce F. Bratton, Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce in the above-referenced divorce action was served on the Defendant on September 15, 2000, by certified mail No. Z 355 005 754, return receipt requested, restricted delivery, part hereof. . \ as evidenced by the return receipt Bruce F. Bratton, Esquire Sworn to and subscribed to before me this 26th day of September, 2000. NOTARIAL SEAL NANCY E. ROACH, Notary PublIc Horrltbulv. Dauphin County, PA ~ ComInI."" Expl.... Jon. 29,2001 f. , if_ ~- . .- ~~~--~" " GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, FENNSYLVANIA Vs. NO. 00 - 6208 CIVIL CHARLES E. CUNNINGHAM, Defendant IN DIVORCE THE MASTER: Today is Tuesday, November 12, 2002. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Grace L. Cunningham, and her attorney Jay R. Braderman, and the Defendant, Charles E. Cunningham, and his attorney Barbara Sumple-Sullivan. The divorce complaint was filed on September 11, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint also raised the economic claim of equitable distribution. No c:laims have been raised by either party for alimony or counsel fees and costs. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. The parties were married on April 8, 1978, and separated January 17, 2000. They are the parents of 1 -~!"lmi!W >, -,,,, -l.l ,--.- -- ,~ '. two children, an emancipated child and a minor child who resides with the wife. The Master has been advised that after negotiations today, the parties have reached an agreement with respect to the equitable distribution claim raised in the complaint. An agreement is going to be placed on the record with respect to the economic issue of eq~itable distribution. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement is going to be transcribed and counsel and the parties will have an opportunity to make correction of typographical errors but are bound by the substantive terms of the agreement when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment so that counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Should the parties fail to sign the agreement when they leave the hearing room today, nevertheless, they will bound by the terms of the agreement and the signatures of the parties subsequent to the statement of the agreement on the record are simply an 2 ~ 1 'c '-_ __"'~"'_~,"'7 '"" ~ , . ,_ ~, ~, "j . .- ~ ~"- - ~ ---,----~- affirmation by the parties of the agreement as stated on the record and are not required to bind the parties to the terms of settlement. Ms. Sumple-Sullivan. MS. SUMPLE-SULLIVAN: 1. The parties own real estate located at 3602 Beech Run Road, Mechanicsburg, Pennsylvania. The real estate has an approximate value of $165,000.00. There is a joint obligation in the form of a mortgage due and owing to PSECU in the amount of $75,421. 00. The parties agree that wife shall become the sole owner of the marital residence. Wife shall refinance the joint obligation due and owing to PSECU in the amount of $75,421.00 within 45 days of the date of this agreement. Upon successful refinance of that mortgage obligation and payment to husband of the cash amount of $23,000.00, husband shall sign the deed necessary to transfer and relinquish all his interest in that real estate to wife. Husband shall agree to sign a deed prior to the refinance, which deed shall be held in escrow by counsel for husband and a copy of said deed shall be released to the mortgage company to assist wife in her refinancing. Counsel for husband shall release the original deed as part of the refinance process when he receives the $23,000.00 and PSECU is in fact satisfied. Counsel for wife shall prepare the deed and transmit it to counsel for husband for signature. 2. The parties jointly owned two vehicles, a 1995 Pontiac Bonneville and a 1994 Lincoln Continental. Neither of those cars are presently encumbered by any loan. Husband shall have sole ownership of the 1995 Pontiac Bonneville; wife shall have sole ownership of the 1994 Lincoln Continental. The parties agree to cooperate to execute all documents necessary to transfer sole ownership and title of those vehicles to the respective parties. 3. At the time of separation, the parties had certain savings and checking accounts. Those accounts have been divided to the mutual satisfaction of the parties. There are presently no other joint checking or savings accounts between the parties. 4. The parties have two accounts for the benefit of their children, an Oppenheimer fund of approximately 3 ,:,,, '- ',"'1- .. $17,096.00 and a Templeton Foreign fund of $3,159.00. The parties indicated that these sums shall not be deemed to be marital and shall be used for the sole benefit of their children's college education. Wife shall be designated as the sole owner of those accounts to be used for the benefit of the children and husband agrees to sign any documents necessary to transfer those accounts for administration to wife. 5. Husband has a certain retirement account through TIAA/CREF which account has a current value as of November 11, 2002, of $163,424.00. Said TIAA/CREF account shall become the sole and separate property of husband and wife waives any future claim to said account. 6. Wife additionally has a retirement account through the Pennsylvania State Employees' Retirement System. Husband agrees that all benefits earned through the Pennsylvania State Employees' Retirement System of wife shall be wife's sole and separate property and husband waives any and all claims to that retirement benefit or account including any survivor annuity value that may be attributed to that account. The valuation of wife's pension as completed on November 6, 2002, is $145,435.00 per valuation by Harry M. Leister of Conrad M. Siegel, Inc. 7. Additionally, the parties had acquired certain savings bonds during the course of the marriage. These savings bonds had a value of approximately $11,000.00. Said savings bonds shall be the sole and separate property of wife and husband waives any claims to said savings bonds. 8. During the course of the marriage, the parties also acquired a time-share at the Sheraton Vistana in Orlando, Florida. Said time-share interest shall be the sole and separate property of husband. Wife releases any claims of ownership to that time-share and shall cooperate with husband to execute all documents necessary to transfer sole ownership of the time-share to husband. 9. As referenced above, wife shall also be obligated to pay the cash amount of $23,000.00 to husband. The sum of $23,000.00 shall be due within 45 days of the date of this agreement. 10. The parties have also divided all personal and household items. All items in the possession of husband shall be the sole and separate property of husband. All items in the possession of wife shall be the sole and separate property of wife with the exception of the 4 -i"-"CFw . _~ ".,p', e._ , '< following items that are located in the home and which husband agrees to remove as his separate property within sixty (60) days of the date of this agreement. These additional items to be removed from the home include a canoe with an electric motor, a roll-top desk, the tool cabinet, the cooper boiler, the Niagara Falls picture, the oak barrel, the bookshelf, and oak mantel. 11. The parties affirm that with the exception of the mortgage, there are no outstanding marital debts or obligations existing between them. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. BRADERMAN: Ms. Cunningham, you've heard .the statement of the agreement between the parties. Do you understand everything that has been stated by Ms. Sumple-Sullivan? MS. CUNNINGHAM: Yes. MR. BRADERMAN: Do you agree with what is proposed to be the agreement between the parties? MS. CUNNINGHAM: Yes, I do. MR. BRADERMAN: Do you accept this as the final resolution of the agreement? MS. CUNNINGHAM: Yes, sir. 5 l'jr!lll~III, .,. _ [< ,~ ,R,',~, ,""" ~ '_'~ _,~, """ ._ ',~. ',,!'" ~- MS. SUMPLE-SULLIVAN: Mr. Cunningham, you have been in the hearing room when I put the agreement of the parties on the record; is that correct? MR. CUNNINGHAM: Yes. MS. SUMPLE-SULLIVAN: And did you understand the terms of the agreement? MR. CUNNINGHAM: Yes. MS. SUMPLE-SULLIVAN: And are you accepting the terms of that agreement as your final resolution of all matters arising under this divorce? MR. CUNNINGHAM: I have a question. What about some of the other items that are at the house, such as photographs, those kinds of things? What happens with those items? (A discussion was held off the record.) MS. SUMPLE-SULLIVAN: Mr. Cunningham, you raised a question about personal property. We have had an off the record discussion at which point other items that would become your property were discussed. We are going to read that into the record. There was also an agreement that you would divide and come up with an assortment of family photos of your children and that that would be provided to you from Ms. Cunningham. Again, Mr. Braderman is going to describe the additional items that you will take. 6 ~ ".,. , ",0 .<;, ~ " ,,_,"~ _'''--''1'" ",", __," .", 0 1f - ~--.~ - .~ - ~~ ." - ""'-j" '< MR. BRADERMAN: Beer making supplies, Christmas decorations, stairway spindles, boxes of old picture frames and pictures, photo enlarger and miscellaneous supplies, brown leather satchel, guitar, theater posters, T-shirts, Steeler's doll, assorted hats and clothing, wine skin, round trampoline, gymnastics mat, barrel that houses pennies, Steeler's trash can, black and white TV. THE MASTER: Now, you've heard the addition to the list that Mr. Braderman read on to the record, Mr. Cunningham, does that satisfactorily answer your question? MR. CUNNINGHAM: Yes, it does. THE MASTER: And are you satisfied now that the agreement is in a format that you can accept as a final settlement? MR. CUNNINGHAM: Yes. THE MASTER: Ms. Cunningham, you've heard the addition to the list of items that your husband is to receive from the house. Are you satisfied that those items can be added to the original list as stated? MS. CUNNINGHAM: Yes, I am. THE MASTER: Do you understand that when you leave here today, even though there is no signing of the agreement, you are bound by the terms of this agreement? MS. CUNNINGHAM: Yes. 7 ,-, - ,,~ ,( -, ,,", - ^~ -p -~'t'!'< , , THE MASTER: Mr. Cunningham, likewise, do you understand that even though you do not subs~quently sign the agreement, that you are bound by the terms as stated on the record? MR. CUNNINGHAM: Yes. I acknowledge that I have read the abdve stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which ,may be imposed by law and in particular Section 3105 of the Domestic Relations Code. DATE: Barbara Sumple-Sullivan Attorney for Defendant B '""'"'-. T_'___" c_r,. '-._'r . - ~- GRACE L. CUNNINGHAM, Plaintiff v. CHARLES E. CUNNINGHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 00-6208 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Jay R. Braderman, Esquire, attorney for the above-named Plaintiff, Grace L. Cunningham, certify that Defendant Charles E. Cunningham was served with a Complaint in Divorce on September 15, 2000 as evidenced by a return receipt card and Affidavit of Service, signed by Bruce F. Bratton, Esquire, prior attorney for Plaintiff, which Affidavit of Service and return receipt card, the original of which had been filed of record with the Prothonotary of Cumberland County. Date: "<~- ,~ . ,.r- - .-, ~~ ".., II Ii ii f;1~ ,.,."..,.,......~',.....~ ~llfl!lI' " "" .~ _ "" '""" '- ~, ,~_,." "'"~ '" v ~- (") S; "0 a""; ~r~]"j OJ _~;.:-, ,:::-5c.:.::: ;ti :~': :t,t::! ::::',:; t;? ::::.) \0 o I"~:; t:J rq (") W o o '~l'1 .c:-' f"~'i'i;TJ {J~J .----,-< {_J.....:.J E-j'R .~ :5 -< ~ ?~'" --i,., ". .."ur~ ,,,.,.,...,_~;~!!\'I!'~*'1<"'Rfl"~''''R'''{'''''ffi:FjF>!~-i''''~i~'~~lW'1'P!(;;!I~'''''''''l\''iffi.''~_!W _=~_~, ."". _"^"''' GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ~ NO. CO - I.:<oP Q;U:( /~ CHARLES E. CUNNINGHAM, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 AVISO PARA DEFENDER Y RECLAMAR DERECHOS Usted ha sido demandado en la Corte. Si desea defenderse de las quejas expuestas en las paginas siguientes, de be tomar acci6n !'~~!!i1'41 - ~= con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcioo anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamado8 por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 Date :11 A y--r q-u :TJriflA Bruce F. Bratton, Esquire Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff 2 -.,""""'.......,... -- -.,-.\ ~~- -,- f GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. fHJ- (,;loi ~-r~ CHARLES E. CUNNINGHAM, Defendant IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND (d) OF THE DIVORCE CODE Count I 1. Plaintiff is Grace L. Cunningham, who currently resides at 3602 Beech Run Lane, Mechanicsburg, Cumberland County, pennsylvania. 2. Defendant is Charles E. Cunningham, who currently resides at 4173 Grouse Court, Apartment 115, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about April 8, 1978 in Pittsburgh, Allegheny County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 1~, p ~, , ~, 6. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request that the Court require the parties to participate in counseling. 7. Plaintiff avers as the grounds upon which this action is based: (a) That the marriage between the parties hereto is irretrievably broken; or, alternatively (b) The plaintiff and Defendant have lived separate and apart since approximately November 17, 1999, and, at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce divorcing Plaintiff and Defendant absolutely. Count II CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 9, Plaintiff and Defendant are the owners of various items of real and personal property, accounts, vehicles, furniture, 2 -~1 I household furnishings and other assets acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order equitably distributing the marital property of the parties. Respectfully submitted, Bruce F. Bratton, Esqui e Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 By Date ;N Il~ c?v II Attorneys for Plaintiff 3 ,,~~..- VERIFICATION I verify that the statements made in the attached pleading are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the attached pleading is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to author'ties. Date ^,'v f~d-f-~ . &uUU' ~ " ~ ~ I I I Ii i ii I I' I Ii II Ii 'I I, II " 'I I' II Ii Ii 11 iJ i-I Ii i' H [.'r._ - ~" ~ -~ ,~~ _.1lif\l!...,.,j.~;"._" , -= ~"~ rhO.. ~-.~ '.-."-~ ""---"-~- ~-.~.-~~"- 0 i..:) c::: c' ~. .~~ C/) CB [~~ ';"j ~ '11,}, '.. (J .<:-. -- 8 fJ ~ ....... ~~~~, :: r;. -0 ~ ~ fI:. ~ (j 0 ~;~ - ... CJ . -'-,:-., , 0 0 0 (), "'::""","- );. r"-.: . , "- "- () D ~~~:: -:-:-- -'! "~" () AJ I ( --j ~,,) 27 Iv -< (.rJ -< 0 ~ ft: ~ ~ ;j ....:J - ~t r-=:. ~ " ","..,.,.~_,.",',', Ie ;::"'-"'"' .......,~1iJ"n!'~11II_1L._, v """'~~wt...~H'MiWfii,~"V__ _ r_",_._",!,~'W~m".-;;;-~t"',Sif'_ _ GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 00-6208 CHARLES E. CUNNINGHAM, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN AND NOW, this 26th day of September, 2000, personally appeared before me, a Notary Public in and for the State and County aforementioned, Bruce F. Bratton, Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce in the above-referenced divorce action was served on the Defendant on September 15, 2000, by certified mail No. Z 355 005 754, return receipt requested, restricted delivery, as evidenced by the return receipt part hereof. Bruce F. Bratton, Esquire Sworn to and subscribed to before me this 26th day of September, 2000. NOTARIAL SEAL NANCY E. ROACH, Notary PublIc HctnlshP'll, DaophIn County, PA CaalmltI10n ExpinIJ Jon. at, tOOl IU!'il'$IJ !;"~ ~'- '. ... I also wish to receive the following services (for an extra fee): ~. 0 ddressee's Address 2 .' Restricted Delivery on5ult postmaster for fee. 4a. Article Number 2- 3~ DOS- ) 4b. Service Type o Registered o Expr o Ret 7. D. cD u '1: " Ul il. .;; u " a: " ~ M';ertified j rdTnsured ~ o COD .~ ~~., "Il It'C()JJlpJete items 1 and/or 2 fOr additional services. "en .. Oomplete items 3, 48, and 4b. . . Print your name and addres$ on the reverse of this form so that we can return this _ card to you. G) . Attach this form to the front of the mailpiece, or on the back if space does not ! permit. . Write HRetum Receipt RequestedH on the mailplece below the article number. G) . The Return Receipt wiU show to whom the article was delivered and the date -5 delivered. 's 3. Article Addressed to: 'tl t,.{" (l1h+~'-'f5 f. t~~4.d ~ 'it/3c;.~~t'"e,ur~ ;1.,..1-. /1" .4ecJv-,~kJV"1>>)'1f 17()S'S'" ~ .e :> g, ... Iii ~ , _, D.~mberl1 84 .''''5''.''.B.02'. Domestic' f:leturnRecejpt , _. ~ ~W!I .~ ''1''l11ll!J.1 . -"I -,... ,__~, ~ ""~ - - ~~ '~M , ,',_ .'<." "X'~",,_ . . k_ .-, =-,- p ;,S [RfPi ~rr'; :<:::n (jji;:: ;::::;.,S' !Ie ~8 !i ::< <.':) e;:, yo, ':>i '"0 ,\:, '" :.::./ c' .'f; ~ """ l:,) '. I\) (.1;) _ '-1,;:;1 ,:~;/f!:/ .-':'~lcS :l::::p i?J::-1 ..~fD vir $ -.: ! I .. I JI j .~ ~ i~ $ jl {i H 'j! J' '~; ':' 1:1 ij Jil ::j li~ ,1 ~i! 1.':1 .'-, :11 'ill '::t -r ... .... ....~.. e ~"'''f'''"~.l_U_ _~~JJ""I}~~~~~~~jfl!J~"'~_""..'l"J! _'L~~!!lJJ!I!~~~--- ~~T~W~~ GRACE L CUNNINGHAM, Plaintiff v CHARLES E. CUNNINGHAM, Defendant IN THE COURT OFCOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW NO, 00-6208 CIVIL TERM IN DIVORCE Praecipe to Discontinue Please mark as settled discontinued and withdrawn Count II being a claim for Equitable Distribution, Date "Iiilt, ,_, "1"""'-" Respectfully submitted, Attorney for Plaintiff Grace L. Cmmingham .. 'J '=r r-;' II I tj tl ':1 q ij f1 H ::1 ?) " (', H fl. ij :n. .:.! ~., " ',:1 ! :':t -.j ,'I '.i, " ., ',I '!I )1' "I' I' ,~ ~- '_'C~ -""'~,~~- ->Co' ",'~'., ".,~., , '" '-,^ .. _. ~ ~ .', 0 C) C) r- f'~~ -n ~- ~" r::J -OO~:; P1 fllG.,. C, Z,L /.:..'[~,- ., , (f)",' L-:":;;(t) -<L yl:::,: ''0 --:- " ).-::;,-... ~,-_.,., :l:: f:) ;::.:'~ z,.. .:;:,.."... .=0 [5r"\~ >c -., Z U1 '1> -. :0 -< (::> -< -. ~~B""""f!;,,~T(i)P~\"W"~l""~F""""'l~'~~~~~~.l:B .WJ GRACE L. CUNNINGHAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 00-6208 CIVIL TERM CHARLES E. CUNNINGHAM, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 330l(c) of the Divorce Code was filed on September 11,2000. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of Notice ofIntention to Request Entry of the Decree. . 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses ifI do not claim them before a divorce is granted. 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. Date: C. S. ~4904, relating to unsworn falsification to authorities. jUt /~~{uJ /Grace L. Cmmingham /l' SSN: 196-38-3010 1/ It 2 /0 2- , , o'\f!l'J!!lJ,l'lIl _T' ,~~"._~ !( ~ ~~ - "" J~ h n :i :1 I , 11 iI \1 ;j , .. il .1 :1 iJ i H n :! :1 iJ ,'; oj I' ~j, J i'l - "'~.' _0 "" '." , ~, ,.. ..,. I""'-"'~ ". ,-~' ,-, ',. ' ~._ .,_,,'< .. "'''_~_c_ _ W' .' ... Nt ~ ,,1~Ulli!'fl.~~~ )(lJ;i,_1ijl,WJK1"''''W'\'f:'~'!'-' n -;:'" ~~;; ~~- (j,) ~ -'--~" -- f=-~ '. - ,~~ -", :::::'- c_._"(" ,,;.;- ~-- ,. ~~::! .,<: ',' <<_-.J GRACE L. CUNNINGHAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 00-6208 CIVIL TERM CHARLES E. CUNNINGHAM, Defendant : IN DIVORCE . WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. . 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I understand that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: 1/ /z/() 2- AUt <~/~ Grace L. Cunningham u SSN: 196-38-3010 .~~'l\'W ,- ~~~- '" im i -~, =~. - ~. I I 1 ~ I I ~ i III ,I 1'1.: 1 I:! rJ -1 1 I ~, 1_nIIl1ll1ll!l~~iij~!!i"I"-~~~I!IlMJ!^_,v,,"1_~__f"~i"''''t"j',Pf.'---' ~2 ~.0;: ,--, ,~-:) .r-:'.' "',' -"-, -< f-.~. ...J '"_'<'I~'''' ':""-"'''d"1;''''''',~~$I\1fl;jfjl},<"<<,,,." '-'---'--'iW,.j]T;'fg'f!.$;"~fi'j~'!f"',,,,,~ GRACE L. CUNNINGHAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 00-6208 CIVIL TERM . CHARLES E. CUNNINGHAM, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 330l(c) of the Divorce Code was filed on September 11, 2000. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of Notice ofIntention to Request Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if! do not claim them before a divorce is granted. 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. 94904, relating to unsworn falsification t Date: 1/ /;;L/o~ c . ;,''l!~ I f'i~ ~~-;"'-"""--'>'L_ i ~: I i III I, U n n ['I [\ ,._ r,,' " ,,,:., '","-",,' o.~"~_-w - - __ ,,-< -~-- ",~:~<~,,,,,~ "'-~';"'-"-;;j ,--''''',' >"c_2',' "~'~c .,'-.' ,~ '"~='"""- ,~--~ "'n C~) "''/ C-h .:..c' r:~ '.... ;~; ~'-,-, ~., .:;:;' (, .:.~ .i CO 0~ OY~ 1ii!i'h~~,~m~RW'L_..~U!:I~N~iR',"H~~..t;""";C""<>':;;i?"-<4>'"-!'"!<;"1'"..-,-1""=~""'~i~~"'W*B!~I!i:~___~ GRACE L. CUNNINGHAM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 00-6208 CIVIL TERM CHARLES E. CUNNINGHAM, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I understand that the statements made in this affidavit are true and correct. I 1 understand that false statements herein are made subject to the penalties of 18 Pa. . C. S. ~4904 relating to unsworn falsification to authorities. l Date: //4 /o~ F I . Charles E. Cunningham SSN: 173-44-6940 . C"i~!~"." ---, _~ ~ m=~ - ~ ! , I j ," !~~!!",f@~Il!\P-......_~ ~,unlll n :'J!I'P'~~~l'"<f>'1~~t-W(~ji<'!lN',!(l~~H~;;';\~'_"')(fW"'1tC'~' ''''';~' ~A~; ~ .'~ ,-- ~ CCl >_1""'-'f'""'0';'",~;1,Rt,"t'i'NI",,"q'~'-,>-, '-;","''''f~i\'f1'~~~ JAY R. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET P. 0, BOX 11489 HARRISBURG, PENNSYL VANIA 17108-1489 (717) 232-6600 TELEFAX (717) 238-3816 December 2, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 RE: Cunningham v Cunningham Docket No. 00-6208/ Cumberland County Dear Mr. Elicker: Enclosed please find two executed copies ofthe Transcript regarding the above captioned case. JRBlbab enclosures cc: Barbara Sumple-Su1livan Grace Cunningham ,~-, ,. .-' ',-' -' ,,- > . - "','~"-' ,," 'h-- 'J,'_.' GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 6208 CIVIL CHARLES E. CUNNINGHAM, Defendant IN DIVORCE THE MASTER: Today is Tuesday, November 12, 2002. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Grace L. Cunningham, and her attorney Jay R. Braderman, and the Defendant, Charles E. Cunningham, and his attorney Barbara Sumple-Sullivan. The divorce complaint was filed on September 11, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint also raised the economic claim of equitable distribution. No claims have been raised by either party for alimony or counsel fees and costs. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. The parties were married on April 8, 1978, and separated January 17, 2000. They are the parents of 1 ",> ,'- ~::-:; T."., 'I ."- l;""'1i;,;-" .' ~,- , ~. ,-,.--"", two children, an emancipated child and a minor child who resides with the wife. The Master has been advised that after negotiations today, the parties have reached an agreement with respect to the equitable distribution claim raised in the complaint. An agreement is going to be placed on the record with respect to the economic issue of equitable distribution. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement is going to be transcribed and counsel and the parties will have an opportunity to make correction of typographical errors but are bound by the substantive terms of the agreement when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment so that counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Should the parties fail to sign the agreement when they leave the hearing room today, nevertheless, they will bound by the terms of the agreement and the signatures of the parties subsequent to the statement of the agreement on the record are simply an 2 ".- ".. ~_. r- '-, - "'->~- '.. ~"- ,- - . ,'" - ,-~ affirmation by the parties of the agreement as stated on the record and are not required to bind the parties to the terms of settlement. Ms. Sumple-Sullivan. MS. SUMPLE-SULLIVAN: 1. The parties own real estate located at 3602 Beech Run Road, Mechanicsburg, Pennsylvania. The real estate has an approximate value of $165,000.00. There is a joint obligation in the form of a mortgage due and owing to PSECU in the amount of $75,421.00. The parties agree that wife shall become the sole owner of the marital residence. Wife shall refinance the joint obligation due and owing to PSECU in the amount of $75,421.00 within 45 days of the date of this agreement. Upon successful refinance of that mortgage obligation and payment to husband of the cash amount of $23,000.00, husband shall sign the deed necessary to transfer and relinquish all his interest in that real estate to wife. Husband shall agree to sign a deed prior to the refinance, which deed shall be held in escrow by counsel for husband and a copy of said deed shall be released to the mortgage company to assist wife in her refinancing. Counsel for husband shall release the original deed as part of the refinance process when he receives the $23,000.00 and PSECU is in fact satisfied. Counsel for wife shall prepare the deed and transmit it to counsel for husband for signature. 2. The parties jointly owned two vehicles, a 1995 Pontiac Bonneville and a 1994 Lincoln Continental. Neither of those cars are presently encumbered by any loan. Husband shall have sole ownership of the 1995 Pontiac Bonneville; wife shall have sole ownership of the 1994 Lincoln Continental. The parties agree to cooperate to execute all documents necessary to transfer sole ownership and title of those vehicles to the respective parties. 3. At the time of separation, the parties had certain savings and checking accounts. Those accounts have been divided to the mutual satisfaction of the parties. There are presently no other joint checking or savings accounts between the parties. 4. The parties have two accounts for the benefit of their children, an Oppenheimer fund of approximately 3 -"~'. ' ,. ~~- _J_" --<,- $17,096.00 and a Templeton Foreign fund of $3,159.00. The parties indicated that these sums shall not be deemed to be marital and shall be used for the sole benefit of their children's college education. Wife shall be designated as the sole owner of those accounts to be used for the benefit of the children and husband agrees to sign any documents necessary to transfer those accounts for administration to wife. 5. Husband has a certain retirement account through TIAA/CREF which account has a current value as of November 11, 2002, of $163,424.00. Said TIAA/CREF account shall become the sole and separate property of husband and wife waives any future claim to said account. 6. Wife additionally has a retirement account through the Pennsylvania State Employees' Retirement System. Husband agrees that all benefits earned through the Pennsylvania State Employees' Retirement System of wife shall be wife's sole and separate property and husband waives any and all claims to that retirement benefit or account including any survivor annuity value that may be attributed to that account. The valuation of wife's pension as completed on November 6, 2002, is $145,435.00 per valuation by Harry M. Leister of Conrad M. Siegel, Inc. 7. Additionally, the parties had acquired certain savings bonds during the course of the marriage. These savings bonds had a value of approximately $11,000.00. Said savings bonds shall be the sole and separate property of wife and husband waives any claims to said savings bonds. 8. During the course of the marriage, the parties also acquired a time-share at the Sheraton Vistana in Orlando, Florida. Said time-share interest shall be the sole and separate property of husband. Wife releases any claims of ownership to that time-share and shall cooperate with husband to execute all documents necessary to transfer sole ownership of the time-share to husband. 9. As referenced above, wife shall also be obligated to pay the cash amount of $23,000.00 to husband. The sum of $23,000.00 shall be due within 45 days of the date of this agreement. 10. The parties have also divided all personal and household items. All items in the possession of husband shall be the sole and separate property of husband. All items in the possession of wife shall be the sole and separate property of wife with the exception of the 4 ,... "'.'5,'-:'y__.,' following items that are located in the home and which husband agrees to remove as his separate property within sixty (60) days of the date of this agreement. These additional items to be removed from the home include a canoe with an electric motor, a roll-top desk, the tool cabinet, the cooper boiler, the Niagara Falls picture, the oak barrel, the bookshelf, and oak mantel. 11. The parties affirm that with the exception of the mortgage, there are no outstanding marital debts or obligations existing between them. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. BRADERMAN: Ms. Cunningham, you've heard the statement of the agreement between the parties. Do you understand everything that has been stated by Ms. Sumple-Sullivan? MS. CUNNINGHAM: Yes. MR. BRADERMAN: Do you agree with what is proposed to be the agreement between the parties? MS. CUNNINGHAM: Yes, I do. MR. BRADERMAN: Do you accept this as the final resolution of the agreement? MS. CUNNINGHAM: Yes, sir. 5 ,,,' -,f' -.", MS. SUMPLE-SULLIVAN: Mr. Cunningham, you have been in the hearing room when I put the agreement of the parties on the record; is that correct? MR. CUNNINGHAM: Yes. MS. SUMPLE-SULLIVAN: And did you understand the terms of the agreement? MR. CUNNINGHAM: Yes. MS. SUMPLE-SULLIVAN: And are you accepting the terms of that agreement as your final resolution of all matters arising under this divorce? MR. CUNNINGHAM: I have a question. What about some of the other items that are at the house, such as photographs, those kinds of things? What happens with those items? (A discussion was held off the record.) MS. SUMPLE-SULLIVAN: Mr. Cunningham, you raised a question about personal property. We have had an off the record discussion at which point other items that would become your property were discussed. We are going to read that into the record. There was also an agreement that you would divide and come up with an assortment of family photos of your children and that that would be provided to you from Ms. Cunningham. Again, Mr. Braderman is going to describe the additional items that you will take. 6 , ~,' - . ,> .~.- , .. MR. BRADERMAN: Beer making supplies, Christmas decorations, stairway spindles, boxes of old picture frames and pictures, photo enlarger and miscellaneous supplies, brown leather satchel, guitar, theater posters, T-shirts, Steeler's doll, assorted hats and clothing, wine skin, round trampoline, gymnastics mat, barrel that houses pennies, Steeler's trash can, black and white TV. THE MASTER: Now, you've heard the addition to the list that Mr. Braderman read on to the record, Mr. Cunningham, does that satisfactorily answer your question? MR. CUNNINGHAM: Yes, it does. THE MASTER: And are you satisfied now that the agreement is in a format that you can accept as a final settlement? MR. CUNNINGHAM: Yes. THE MASTER: Ms. Cunningham, you've heard the addition to the list of items that your husband is to receive from the house. Are you satisfied that those items can be added to the original list as stated? MS. CUNNINGHAM: Yes, I am. THE MASTER: Do you understand that when you leave here today, even though there is no signing of the agreement, you are bound by the terms of this agreement? MS. CUNNINGHAM: Yes. 7 . ,~~_w "~'~-' ~<" 0_'. ~. ,~ "~^ . C'"' THE MASTER: Mr. Cunningham, likewise, do you understand that even though you do not subsequently sign the agreement, that you are bound by the terms as stated on the record? MR. CUNNINGHAM: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Jay R. Braderman Grace L. Cunningham Attorney for Plaintiff Barbara Sumple-Sullivan Charles E. Cunningham Attorney for Defendant 8 ." ~ """"0 ,," , -' OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer O1fice Manager/Reporter West Shore 697-0371 Ex!. 6535 November 13, 2002 Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Barbara Sumple-Sullivan Attorney at Law 549 Bridge Street New Cumberland, PA 17070 RE: Grace L. Cunningham vs. Charles E. Cunningham No. 00 - 6208 Civil In Divorce Dear Mr. Braderman and Ms. Sumple-Sullivan: Enclosed is a draft of the agreement which you put on the record on November 12, 2002. Please review the draft for any corrections with the understanding that no substantive changes can be made. After you have reviewed the draft, give us a call so we can make appropriate corrections. We will send the corrected original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document, I will then obtain a Court order vacating my appointment. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master .,.~,,'-'~-, ',_~_. _ _"ry;"1"_~~_",'C"~'-':_"":,:~'_-__":, __', , _-,~ " _ _:'1_,0" ~_ ,_ GRACE L. CUNNINGHAM : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 00 - 6208 19 CIVIL CHARLES E. CUNNINGHAM IN DIVORCE DATE: /11101)- ,I,Dy .----- u/ '''-(0;''' -, c. __~ . .' Defendant STATUS SHEET ?Jo 'O/}/. f~~; No-v.' 'O~ ;,gO /3.,". ~a. Mo rYlttmJ l/1~4Dj ~/f~fv 1/,Ir J6~ ./')1, ~ -~~ . , -----.::.::. .~ , >\'TJ~: ,___' > ,", GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6208 CIVIL CHARLES E. CUNNINGHAM, Defendant IN DIVORCE TO: Jay R. Braderman , Attorney for Plaintiff Barbara Sumple-Sullivan , Attorney for Defendant DATE: Wednesday, July 17, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. . . ~~-~~ . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~ " . ~, , "~- "", "-,.- Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 GRACE L. CUNNINGHAM, Plaintiff qlo//b'r~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-6208 CHARLES E. CUNNINGHAM, Defendant : CIVIL ACTION - LAW : IN DIVORCE ~F,TRT AT, ST A TF,MRNT PTJRSTJ A NT TO p" R C P 1920 :n I. a. PT ,A TNTTFF'S RACKGROTTNTl Grace L. Cunningham 3602 Beech Run Lane Mechanicsburg, P A 17050 DOB: Occupation: November 9, 1955 State Employee Office of Consumer Advocate b. nlCFF,NOANT'S RACKGROTTNTl Charles E. Cunningham 4173 Grouse Court, Apt. 115 Mechanicsburg, P A 17055 DOB: Occupation: October 19, 1953 Development Director - American Heart Association c. Date of marriage: April 8, 1978 d. Place of marriage: Allegheny County, Pennsylvania e. Children: Daughter - Maggie May Cunningham (DOB: 3113/82-emancipated) Daughter - Allison Leigh Cunningham (DOB: 3/2/86-resides with Mother) --"<"';"'-'0',,,,,,,,,<',,, , --,-~<--" -\ :"~_:,(_,,,;T5_;;; \-'t':;;';'~-~i-:'~'.<:iX ,'_ii,.:", ,';_,i!-:,,;~~~ ~_,i:'-_:;;::;:,:i ~~:-':i ,;:;: .-, ""'.- ,~,;:{-<'--\;~- ::,;,_,,,:0,,:,,,:;, c>';,; ; ;.,,~~.::,:>_~-;-,~_;;;, "f'_-,,'--'-- '-~--' -,,<>'.,-,-':> I' Support Order attached. f. Grotmds for divorce: Marriage is irretrievably broken (DOS: 1/17/2000) g. Issues for determination: Equitable Distribution II. PRRTTNRNT PROCRnTJR AT, mSTORV Complaint in Divorce filed 9/11/2000 Appointment of Master filed 7/11/2002 III. TNVRNTORV APPRAISAl, Attached as Exhibit "A". IV. RXPRRT WITNESS a. To be provided Defendant reserves the right to seek a certified real estate appraisal to update value of real estate closer to hearing. Defendant also reserves the right to obtain updated pension evaluation closer to date of distribution. V, RXHTRTTS 1) Appraisal for real estate; 2) SERS appraisal; and 3) TIAA CREF value. VI. INCOME INFORMATION Not applicable. Support not at issue. VII. FXPRNSR INFORMATION Not applicable. Support not at issue. 2 .-,=, ,- - '-." '.,'" ;~, ~;;'-jC ..,., - ,'_.-0'''-, ,',,: ;._;';;_-i,:;:;}i;;~J';_9;;,-;;.t_i;":- " ~,-- , . , ,"-"->~-",,. '"_",,r_'-' --o_"-"~;:'b3; '.,,~,:~<fr;:.i;' -""-"--\'-,,~-,>,- _>",_,0<\,,-_, '.;',l"','-_ ,- .: ~ :-c~~ ~'l':C;:~:-~'- I' vm. PF,NSTON V AT ,fIR See attached. Defendant reserves the right to obtain update of pension closer to date of distribution. IX. PF.RSONAT, PROPERTY Regarding personal property, it is believed the parties will equitably divide these assets. x. PROPOSF,n ECONOMIC RESOT .TJTTON The parties shall equally share the marital estate. Husband is in need of cash to commence his life. (Husband has no objection to Wife retaining the home if cash is made available to him and the mortgage is refinanced). Pension accounts can be shared. DATE: August 30, 2002 Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 3 ,'-"""," p---.',-:".-:,,-,-- _ -'_;~,:"'H'^",'--{ ^,-- -.,.---'-- ", ,---','- "-' : ~:;;,;--::-;::~~::i;.;::'.'-;>;;;,;..;;:?_;;ii.>-,- _',;_,_;1- ". - _',c'::- :~,~_ J;', <;~~;,:,[{~_,_,'".;;:.;,(;, ,_.,_"~c;__,~<,,:;;,, ~'/",:' ' ,,) .,..:..~ ( ;..., In the Court of Common Pleas of CUMBEllLAND County, Pebnsytvan:ia DOMESTIC RELATIONS SECTION GRJ>.CE L. C1.lNNtNGlDIM ) Order N~r Pl.inciff ) vs. ) PACSES C;l.Se Number CHARl..ES E. CUNN!:<GliAM ) Docket Number Pefendant } Olher State 10 Number 00365 S 2000 642102252 00365 S 2000 ORDER OF COURT ~ Final 0 Interim 0 Modified 2. ~ ~L75 A:-ID NOW, 6TH DAY OF JULY, 2000 ,based upon the Court's determinalion that the Payee's monthly net lncorne is $ 3147,57 and the Payor's momhly not income is $ 3,656.47 , it is hereby ordered that the Payor pay to the Pcnnsylvar.ia State Collection and Disbursement Unit SIX Wv1IDRED THIR7Y FIVE ~~~ XX/IOO Dollars ($ 635 .CO ) a month payable SEMI-l~ON':'~LY as follows: first payment due Jv~Y 15, 2000 ANt> 'l'llE SE:COND PAY DATE 01' &1\CH MON':'H. 11',e effective date of the order is 05/01/00 , Arrears set at $ 237.50 as of JULY 6, 2000 are due in fuB IMMEDIATELY. All terms of t~is Order are subject to collection andlor enforcelT'.ent by contempt proceedings, credit bureau reporting ar.d laX tcfund offset certification and will no, be. initiated as long as obligor does not owe overdue suppor!. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the l1\~ans listed above, For the Support of: Name )>,.LLI SON 1.. CU~"lJINGHJ\M Sinh Oat' 03/02/86 S"rvice Type M Form OE.518 Worker ID n005 . . EXHIBIT "A" I I I I Marital Home $ 160,000.00 10/31101 Appraised Value 3602 Beech Run 10 be uodaled for value increase before distribution) Mechanicsburo, PA $ (76,000.00 10/31/01 balance luodated before distribution) I I $ 84,000.00 Estimated equity as of 11/1/01 Vehicles Bonneville $ 5,000.00 Stipulated Lincoln $ 2,500.00 Stipulated Mercurv Tracer IDauohter's orooerlY) Stipulated I Accounts I Savinos/Checkino 0,00 Washed after support and joint I expenses calculated I I Retirement Accounts I SERS I $127,084.61 Valuation attached-to be updated I I TIAAlCREF $ 165,759.30 Value as of 7/29/02 for distribution - uodate I Bonds I Savinos Bonds $ 11,000,00 I Time Share $ 9,000.00 I Liabilities: Time Share Exoenses: $ 500,00 Paid by Husband Credits Real Estate Rental Credit Due Husband .,~, -," , ' I Summary Appraisal Report UNIF~ "1M RESIDENTIAL APPRAISAL RP~9RT FileNo 0110015 d ProDertv OeseriDllon ~-. j)/ Stale PA . ZiDCode 17055 Property Addres. 3602 Beech Run Lane C~v MechanicsburQ Leaal Desaiption See leaal description ec.Jntv Cumberland As.e.....'.ParceINo.10-17-1037-010 Tax Year 2000 RE. T axe. $ 1 928.00 1 Special Assessment. $ N/A Borrower Cunninah..m Current Owner Same Occueant: Ixl Owner I Tenant I I Vacant " Prooerlv richl. aDlllaised I X I Fee Simnle I I Lea.ehold I Proiect Tvpe I I PUD I I CondominiumlHUDNAonlv\ HOA$ N/A /Mo. , bomood Dr Proie'" Name N/A MaD Reference N/A Cen.u. Tract 113/3240 Sale Price $ N/A Date of Sale N/A DesaiDtion and $ amount of loan charaesJconcessions to be naid I .._N/A LenderlClient CunniMham Address 4173 Grouse Ct Apt 115 Mechanicsburl PA 17050 ADorai.er Prioritv APpraisal Service Inc Addre.. 1064 Hillview Lane Hershev. PA 17033 location tfrban ~ Suburban W Rural Predominant Single family housing Present I~nd use % Land use change Buillup Over 75% [RJ 25-75% 0 Under 25% occupancy PRICE AGE One familY' 70% o Not likely [RJ Likely '(000) I",) Growth rate o Rapid [RJ Stable o Slow [RJ Owner 125 Low 10 2-4 family o In process Property values 0 Increasing 00 Stable 0 Declining o Tenant 250 Hioh 30 Munj./anjy To: Vacant to Demand/supply 0 Shortage [RJ In baIanoe 0 ev.rWI'PY [RJ VacanI(M%) Predominant Commercli1l Residential Marketino time n Under3 ""'. rx13-li mo.. n Over 6 ""'. n Vacaltlover5%i I 15 Vac ) 30% Note: Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood boundaries and characteri.tics: The neiQhborhood boundaries include Beverlv Lane to the north' Florence Circle to the west Acri . Drive to the east "nd Westfield Court to the south. . . Factors that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, employmen. stability, appeal to markid, etc.): . The subiect is located in Hampden Township Cumberland, Countv. The subiect is situated In a sinQle familv residential neiahborhood . " whi,,~ consists of various stvl" homes. Proximitv to all essential services includina schools.lshdPDina, !transportation recleattlnal facilities and emnlovment centers is considered averaae. Market conditions in the subject neighborhood (including support for the above conclusions related to the trend of property va1u~, demand/supply, and marketing time - - such as data on competitive properties for sale in the neighborhood, description of the prevalence of sales and financi~g concessions, etc.): Market condrtions in the subiect neiahborhood are considered moderatelv active with low interest rates'beina the primarv catalvst Sales in the recent past in aeneral have been moderatelv active. Tvpical financina for residential oropelties is 6.5% to 8.5% 15 and 30 year fixed rates with 2-3 mortQaQe placement ooints. . Project Information for PUOs (If applicable) - -Is the developer/builder in control of the Home Owners' Association (HOA)? UVES UNO . Approximate total number of units in the subject project N/A Approximatetotal,Jlumberofunits for sale in the subject project Describe common elements and recreational fac~ities: Dimen.ion. See len..1 descriotion Topography Level/Slopina S~earea 17,556 +/- square feet ( as per tax records) AD Acre Corner Lot lXJ Ve. U No Size Averaae Specific zoning classification and description RS/Residential Suburban Shape Irreaular Zoning compliance (g] Legal fXl~ Legal no~ (Grandfathered use) U Illegal U No zoning Drainage Appears adeauate Hiahest & best use as improved: X Present use other use lexolainl View Averaae Utilities Public Other Off-site Improvements Type Public Private Landscaping Averaae Electricity [RJ Street Macadam [RJ 0 Driveway Surface Macadam Ga. 0 Curb/guffer Concrete [RJ 0 Apparent ...emenl. Of Record Onlv Water [RJ Sidewalk Concrete ~ 0 FEMA Special Flood Hazard Area U Yes _lXJ No Sanitary sewer ~ Street light. Ves R FEMA Zone X Map Date 1/5/96 Storm sewer A1lev No A FEMA Map No., 420360 001 OC Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming zoning, use, etc.): No adverse easements or encroachments known to the appraiser. No oendina soecial assessments known to the aopraiser, GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSUlATION No. of Un~. 1 Foundation Conc. Block Slab Yes Area Sq.Ft 598 Roof 0 No. of Stories 3 Exterior Walls Vinvl/Brick Qaot,fSpaal No % Finished 0% Ceiing Unk ~ Type (Det/A1t.) Detached Roof Surface Asphalt Basement Yas Ceiing N/A Wall. Unk Design (Style) Split Gutters & Own.pt.. Aluminum Su"" Pu"" No Wall. N/A Aoor Unk Existing/Proposed ExistinQ Window Type Wood Dampne.. None noted Floor Concrete None 0 Age (Yrs.) 15+/- Storm/Screens Yes Settlement None noted Outside Enlly Nb u....... 0 Effective Ane Vrs.\ 8 Manufactured House No Infestation None noted . ROOMS Fover Livina Dinino K~chen Den FamilvRm Rac. Rm Bedrooms # Bath. Laundrv Other Area SoH Basement 598 (Level 1 1 1 .5 533 . Level2 1 1 1 598 . 3rd 4 2 960 Ftnished area above arade contaiM: 8 Roomo. 4 Bedr~.\ 2.5 Bal"'.', . 2 091 SQuare Feet of Gr... Livino Area . INTERIOR MaterialslCond~ion HEATING KITCHEN EQUIP, ATIlC AMENmES I CAR STORAGE: Aoors Perao CptlAveraae Type FWA Refrigerator 0 None 0 Fieplace(.)#~ [R] None 0 . Walls ~1I/AveraQe Fuel Elec Range/Oven ~ Stairs 0 Patio Yes [RJ Garage 2 '# of cars TrimtFinish Wood/Averaae CondlionAVQ Disposal Drop Stair [RJ Deck Ves ~ Attached XXXXX Bath Aoor Vinvl/Averaae COOLING Dishwasher [RJ Soottle 0 Porch Ves Detached Bath Wain.cot Fiberal/Averaae Central Ves Fan/Hood 0 Aoor R Fence No R Buill~n Doors Wood/Averaae Other N/A Microwave [RJ Heated Pool No Carport CondlionAva Washer/Drver n Finished Drivewav Mac Add~ional features (special energy efficient items, etc.): The subiect has a front porch rear patio, side deck and a ~ireolace in the familv room. C~)Rdjtion of the impro"e~nts, depreciation (physical, functional, and external), repairs needed quality of construction remodeling/additions etc. The subiect dlsplavs averaae maintenance no reoalrs required. No functional or external obsolescence noted, . U . ~dvers~ envj~o.n~ntal conditi~ns (such as, but not limited 10, h~zardous wastes, t?~ic substances, etc.) present in the improvements, on the site, or in the Immediate VICInity of the .ubJect property: No adverse enVIronmental conditions observed at time of insoection. The appraiser Is not auallfied to detect such substances. FreddieMcwform70 (1..93 PAGE 1 OF2 This klimwae "oollCadonlhDACt o..'IlIlDpmenllbp.llFQI'ms8ys"'m~\234-llnl FalVlieMaeForm1otij 0-93 ~!r,~_C_~""" ,". =_,~_ '_u" _~_ "" Valuittlon Section ESTIMATED SITE VALUE. . , . . . . . . . , . . . . . . . . , , . , , . . ESTIMATED REPRODUCTION COST-I~EW OF IMPROVEMENTS: Dwelling 2,091 Sq.R. @$ 54.94 = $ 1.14,880 Bsmt598 Sq.Ft@$ 10.13 = 6,058 ; F/P Patio Deck Porch = 12,000 , GeIage/Carport ~SqFt @$ 15.65 = 7,199 . TolalEslimaledCosINewu!I. .... .,.1......... = $ 140,137 Less Physical Fundional External Est Remaining Econ. Life: Ilepeciation $22422 = $ 22,422 Depreciated Value 01 hrprovemenls .........,......... = $ -As-is.ValueofSitelmprovements................... = $ I....DICATED VALUE BY COST APPROACH. . . . . . . . . .. = $ ITEM I SUBJECT COMPARABLE NO. 1 3602 Beech Run Lane 833 Ridgewood Drive Address Mechanicsbura Mechanicsburg Proximity to Subiect 2 Blocks Sales Price $ N/A $ PrioeIGroooliv.Area $ 0.00 ttI $ 67.64 ttI Data and/or Inspection MLS/Agent/Courthouse Verification Sources VAlUEIIilJUSlMENlS DESCRIPTION DESCRIPTION I "."Adl""'''' DESCRIPTION I .,!".;"_,, DESCRIPTION.I ..~,-""" Sales or Financing Conv.' Cony. : Cony. :: Concessions 30 Dom ' 63 Dom : 2 Dom : Date 01 Salemme N/A 5/2912001: 5/31/2001: 6/22/2001: location Averaoe Average ' Averaoe ' !3usv/Comm I leaseIklkIFeeSirde Fee Simple Fee Simple: Fee Simple: Fee Simole : Sne AO Acre .23 Acre : 3 000 .23 Acre : 3 000 .35 Acre : View Averaae Average ' Averaae ' Averaae ' Desinn and Appeal Solit/Ava Solit/Ava: Split/Ava: 2 Storv/Ava : dConslJudion Averaae Averaae : Averaae : Averaae : I Aoe 15+/- 20+/- , 2 500 20+/- ' 2 500 20+/- , Condnion Average Averaae : Average : Average : Above Grade Total I 8llnns' Baths total I Bdrms' Balhs : Total' Bdnns' Baths : Total' Bdrmll' Baths : ~ Room Count 8: 4: 2.50 8: 4: 2.50' 8: 4: 2.50' 7: 3: 2.50' Gross livino Area 2091 SoH. 2262 SoH.: -2600 2 112 SoH. : 1 960 SoH. : . Basemenl & Finished Part Basement Part Basement : Part Basement i Full Basement i Rooms Below Grade Unfinished Unfinished' Unfinished' 50% Finished ' : Funclional Ul~ny Averaae Average : Averaae : Averaae : 'Healino/Coolino FWAlCac FWAlCac: FWAlCac: FWAlCac: . EneroyEfficient Ilema None Noted None Noted' None Noted' None Noted ' Garaoe/Caroort 2 Car Garaae 2 Car Garaae: 2 Car Garaae: 2 Car Garaae : . Porch, Palio, Deck, Porch, Patio, Deck Deck : 5,000 Deck : 5,000 Sun Rm,Porch : F.eplace(s), ele. 1 Fireplace 1 Fireolace: 1 Fireplace: 1 Fireolace : Fence Pool, etc. None None : None : None : Other None None : None : None : NelAdi./total) Ixl+ I 1-'$ 7900 IXI. I 1.'$ 10500 Ixl+ 11- '$ AdjusledSalesPric& Gro..: 8.6% Gross: 7,0% Gross: 7,1% ofComoarable Net: 5.2% $ 160900 Nel: 7.0% $ 160400 Nel: 1.9% Comments on Sales Comparison (including the subject propertY'$ compatibility to the neighborhood, etc.): All sales are closed. The sales used were all reasonablv similar dwellinas in the same market area with similar amenities. Adiustments were made based on market extraction andlor iudaement The indicated ranae on the above arid extends from $ 157900 to $ 160 900. All three sales were aiven consideration in the final analvsis. See the attached addendum for comments on the adiustment process. Summary Appraisal Report UNIF' 1M RESIDENTIAL APPRAISAL Rr~~RT tile No, 0110015 = $ 35 000 Comments on Cosn~pproach (such las, source bf cost estimate, . _-=-..;::.l~ site value, square foot calculation an~ for HUD, VA and FmHA, the estimated remaining economic life of t~e property): See sketch for measurements. COMPARABLE NO.2 B26 Ridgewood Drive Mechanicsbur~ 2 Blocks COMPARABLE NO.3 3614 Beech Run Lane Mechanicsbura Same Street 153 000 $ $ 70.9B ttI MLS/Agent/Courthouse 149 900 $ $ 79.03 ttI MLS/Agent/Courthouse 154900 2500 2000 -2,000 -2 000 2,500 3000 $ 157 900 ITEM SUBJECT None Known Tax Records COMPARABLE NO. I None Known Tax Records COMPARABLE NO. 2 None Known Tax Records COMPARABLE NO. 3 None Known Tax Records Date, Price and Data Soorcelor priorsales within _of aooraisal Analysis of any current agreement of sale, option, or listing of the subject property and analysis of any prior sales ofsubjed and c::oIJ1larables within one ~ear ofthe date ofappraisal: Based on tax records no prior sales of the comparables were noted In the oast 12 months, INDICATED VALUE BY SALES COMPARISON APPROACH ...........................,.........................$ 160000 INDlCATEDVALUEBYINCOMEAPPROACHIWADDIicablel EstimatedMarf<etRenlS ION lMa.xGroosRentl4l_ N/A =$ N/A This appraisal is made l29 'as is' 0 subject!o the repaio, alterations, inspections elf oondlions Iisled below ' l,J...bjecl to corrPelion per plans and speciicetiona Cond'lOIllldAppraisal: No comments or conditiOns placed on the appraisaL 'InsuffiCient data available to process the income aoproach. Final Reconc~ialion: The cost approach was considered but aiven limited weiaht Most welahtwas aiven the sales comparison aooroach which is considered the least subiective value indicator. . . The purpose 01 lhis appraisal is to eslimale the markel yal"e olthe real property that is the subject of this I1lport, based on lhe above condnions and the ceIlbtion, contingent and limiting condmons, and market value delinnion that are slated it the attached Freddie Mac Form_aMia Mae Form l004B (Revised 6/93 ). . t (WE) ESTIMATE THE ~ VALU,>- EO, OF THE REAL PROPERTY THAT ISTHE SUBJECT OFTHISREPORT, AS OF 101312001 (WHICHISTHED~Tr<lFINllPi:CTI '<;:;'E IVEDATEOFTHISREPORT)TOBE$ 160,000 , . APPRAISER: r .. ~ : . "7 SUPERVISORY APPRAISER (ONLY tF REQUIRED): Sklnature // V Signature Name StevJ'ln"J. RUDV / } Name Oale Re~6rt Signed 10/18/2001 Dale Renort Sinned Stale Certificalion # RL-001182-L State PA State Certification # Or State license /I Sfafe Or state License tI DOid DOidNot tnsped Property FrEOdleMacFam70 6-93 Stale Slale PAGE20F2 ThiIIltlrm.......oducedOllIhllAClOll'fllklpmentAapilFr.1IJ:l6)'&lem{8QQ)2lf.8n1 Priority Appraisal Service FallllieMallFwm100t &.93 ~, - , ., ,.'''''" - .""'"""~ ADDENDUM .j Borrower: Cunningham Property Address: 3602 Beech Run lane City: Mechanicsburg Lender: Cunningham File No.: 0110015 Case No.: State: PA Zip: 17055 All three sales are reasonably similar style homes from within the subject's immediate neighborhood. The site adjustment reflects the difference in land size. The age adjustments reflects the diminished utility associated with the older physical nature of the comparables. All three sales were given consideration in the final analysis. I' ,I " . II Addendum Page 1 of 1 ". . ,",,- _,~"_,'Y_'_,",T""'~_, -,- " - ]-f-_ '1"~",", ", FLOORPLAN I Borrower: Cunningham j File No.: 0110015 Property Address: 3602 Beech Run Lane Case No,: City: Mechanicsburg State: PA Zip: 17055 ender: Cunnin ham 32.0' Full Bedroom Bath Bedroom b b ci ci M 3rd Level M Full Bedroom Bath Bedroom Clst I I' I' 32.0' 23.0' 1 st Level C::! Kitchen Dining M Family Rm Rm ..-- --L b cO C\l 2nd Level b Living Room 0 2 Car Garage Entry C\I 9.0' 23.0' Sketch by Apex IV Windows TM 23.0' AREA CALCULATIONS SUMMARY Desc:ription Size LIVING AREA BREAKDOWN Code GI,A1 GLA2 GI.A3 I'irst 1'100r Second Floor ftird li'loor Third r100r Garage 533.00 598.00 Invalid 960.00 460.00 Totals Breakdown Subtoti!lls 533.00 First rloor 598.00 13.0 x 32.0 416.00 9.0 x 13.0 111.00 960.00 Second Ji'100.1;' 460.00 23.0 x 26.0 598.00 'rhi.rd Floo%: 30.0 X 32,0 960.00 GAll TOTAL LIVABLE (rounded) 2091 4 Areas Total (rounded) 2091 ", " ,1 ~ ~,' " l!) , ",- ,. LOCATION MAP Borrower: Cunning!1am Properly Address: 3602 Beech Run Lane City: Mechanicsburg lender: Cunnin ham . File No,: ,0110015 Case No,: State: PA Zip: 17055 I' ,I 1 II l<YI.A"O J; ':-..~'~ \'e ,/ ., ... ~,. . OJ .. \, ~ Ii j \, i ~ PA."W..y ,?-rY-:g .. \ / " Gt.IiNWO~ ~ 0 ..t-"~~... \, !f I. \~ '"' Z CI-IEl...sfORO ~ ~ r ,. . ... <"'>I' ~ Q, O\'?l.\\, '1)1 O\)l;I<Al,.a;R"EN~~ <! I'P .!l!>od Hop< ..Q""I<< '84'n,. '" '" ~~'~l'~"-^ 10 rfl~ ' %.,,~ 9:"\ \ !\ r... "\ii,~ Sl;Ivsss > OdHOP'MII"'~l,.e"'oQ\<.. \ji .<:-\ \ i \ '. .'~ ~\I: /i -,~-j .".~( '\ {\J\\l,.!'I:~1" '8,. ',. '.. ~ \#~>lll>.~\-~~; ..i~! . %1<, ~ ~,' ""~ ~ \, ",\<P'_~ : i ; .,,~ \. ~ f.10Y~\ \ \ t/'-f.W" II if "1-.Jl ~~\<f. ~8~ .... l. <'~ \ . '\_....,pol'll'. ~e' .. <0. 00 . h ~,.. . \ li \~.,;" V". - . , :1'1>~0 . ., Ii fl,.Ol'eN:OI> <>'. \ 'Ill: 'Jl: ".... d" 'I Ai ~8t 0 ~ ~ ("".'., '<i II f 9- ~. _' p. I <3'-" ^(;p B "'A"PO~ ~ "1J>",..of) BE ~ <,'N)'('\;"," 1!i~:^~C. RfRq ~~....' c, ~\\ . ,I .~\. t "~~ 'a~ ~i~ ~. ,~~ ill ,.- . 'O.~' . 0......." ~ ~'S\l- \'09< ~. '{<i)-k#'.jl ,~ ~\.; i...,.. .~ . ~~.~i...'~'l~):1i!5::., T 'i ~d l ' "'~~.- l~g ~ '.t:* ~~';' _ 'G ~.:\ .~~ . ~ i$' .~ i<,1~RN ..~, ~~ \. l ~i \\ ;..bfltP SP()\,\1 1'.0 8AR8A~t '\ &l'~1>. \ \ "v;j'i()O\)Nkctl\P:;;~~~" ~~,,~l'D '0 1L!I' \ 10 '} : .'f,.. 1.\"[",-1> ll.. Q~ \i~o<;J?" . \,~\ .. '" <6" ~_', '1l, '" . ".,:~':" i!. . . '" rOO '0 ~"'1:;. 't::. CF b..'~.' silo.. Co"",ry Club. ., ...' 1 . I$}. ;.1) (/) N ~.,o" "20 !lOL...... Stnetlltlu USJ.; " 2000 GD:'1nc ,RoU.nOOO ~,~ ~ (j' 9t,~' "p.\.~l"~? OE\\'o\LEll.l~ NDERSON WAY l!>I A'ilAll 1'.0 ~:g:, ","" , ,- -, ~ " - . 'I, _ _.. _ SUBJECT PROPERTY PHOTO A[)D~NDUM Ilorrower: Cunningham . . ileNo.: 01110015 Properly Address: 3602 Beech RUli Lane Case No,: City: Mechanicsburg State: PA Zip: 17055 lender: Cunninoham \ ,. - ,_._,--,. - '.',.", ,-"",,,' _","""""!PIf"""", FRONT VIEW OF SUBJEC1T PROPERTY Appraised Value: $160,000 It I \ 'I REAR VIEW OF SUBJECT PROPERTY STREET SCENE . COMPARABLE PROPERTY PHOTO ADDENDUM , ,'He No,: 0110015 Case No.: ' Borrower: Cunningham Properly Address: 3602 Beech Run Lane City: Mechanicsburg Lender: Cunninoham State: PA Zip: 17055 ,':.\'0 ":< . ~ ",~,~,"--~- ' , ~~ <-" " J,t-. " COMPARABLE SALE #1 833 Ridgewood Drive Mechanicsburg III I, 'I COMPARABLE SALE #2 826 Ridgewood Drive Mechanicsburg COMPARABLE SALE #3 3614 Beech Run Lane Mechanic$burg ___1 1 I Fie No. 0110015 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price IS not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passmg of lItle from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in u.s. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. 'Adjustments to the com parables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the Appraisefs judgment I' STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION Ll1 \ " CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it The appraiser assumes that the tille is good and marketable and, therefore, will not render any opinions about the tille. The property is appraised on the basis of II being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of lis size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal olthe property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best Use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other eppraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc, ) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc. ) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct The appraiser does not assume responsibility for the accurecy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appra,isalthat is subject to satisfactory completion, repairs, or allerations on the assumption that completion of the improvements will be performed in a WOrkmanlike manner, 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer: consultants; professional appraisal orgenizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) Without having to obtain the appraiser's prior written consent The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public reletions, news, sales, or other media. Freddie Mac Form 439 8-93 Page 1 of2 Fannie Mae Form 1004B 6-93 !'.<~^>. ., ,,~ c _., _~I" _ _ " i , ~i.No. 0110015 APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a minimum of three recent sales of proper!les most similar and proximate to the subject property for consideration In the sales comparison analysis and have made a dollar adjustment 'when appropriate to reflect the market reaction to those items of significant variation. If a significant Item in a comparable property is superior to , or more favorable than, the subject property, I have made a negative adjustmentlo reduce the adjusted sales price olthe comparable and, if a significant item In a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken Into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting condilions specified in this form. 4. I have no present or prospective Interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the ~rospective owners or occupants of the subject property or of the present owners or occuq.nt~ of the properties in the Vi,cinillJ, of the tubject property. . 5. I have no present or contemplated future Interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction In value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this appraisal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise slated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse condilions on the marketabilily of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them In the reconciliation section olthls appraisal report I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for iI. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 3602 Beech Run Lane, Mechanicsburg, PA 17055! _~E~ Signature: Name: SteYeEI J. Ru Date SigREf<l: 10/1812001 State Certification #: RL-001182-L or state License #: State: PA Expiration Date of Certification or License: 6/3012003 SUPERVISORY APPRAISER (only If required) Signature: Name: Date Signed: State Certification #: or State License #: state: Expiration Date of Certification or License: o Did 0 Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 1 004B 6-93 ." .,. -',""" ~ 't ~"" MUIT~PURPOSESUPPLEMENTALAD~~NDUM' FO". EDERALL Y RELATED TRANSACTIONS ,,'IRREA) Borrower/Client Cunningham Property Address 3602 Beech Run Lane C~V Mechanicsburg County Cumberland lender Cunningham State PA Zip Code 17055 This Multi-Purpose Supplemental Addendum for Federally Related Transactions was designed to provide the appraiser with a con- venient way to comply with the current appraisal standards and requirements of the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of Currency (OCC), The Office of Thrift Supervision (OTS), the Resolution Trust Corporation (RTC) and the Federal Reserve. This Multi-Purpose Supplemental Addendum Is for use with any appraisal. Only those statements which have been checked by the appraiser apply to the property being appraised. x PURPOSE & FUNCTION OF APPRAISAL The purpose of the appraisal is to estimate the market value of the subject property as defined herein. The function of the appraisal is to assist the above-named lender in evaluating the subject property for lending purposes. This is a federally related transaction. X EXTENT OF APPRAISAL PROCESS I m The appraisal is based on the information gathered by the appraiser from public records,' other identified sources, inspec'lion'j the subject property and neighborhood, and selection of comparable sales within the subject market area. The original source of Ihe com- parables is shown in the Data Source section of lhe market grid along with lhe source of confirmation, if available. The original source is presented first. The sources and data are considered reliable. When conflicting information was provided, the source deemed most reliable has been used. Data believed to be unreliable was not included in the report nor used as a bash; for the value conclusion. W The Reproduction Cost is based on Marshall Valuation Service supplemented by the appraiser's knowledge of the local market. [K] Physical depreciation is based on the estimated effective age of the subject property. Functional and/or external depreciation, if present, is specifically addressed in the appraisal report or other addenda. In estimating the site value, lha appraiser has relied on personal knowledge of the local market. This knowledge is based on prior and/or current analysis of site sales and/or abstraction of site values from sales of improved properties. 00 The subject property is located in an area of primarily owner-occupied single family residences and the Income Approach is not consi- dered to be meaningful. For this reason, the Income Approach was not used. D The Estimated Markel Rent and Gross Rent Multiplier utilized in the Income Approach are based on the appraiser's knowledge of the subject market area. The rental knowledge is based on prior and/or current rental rate surveys of residential properties. The Gross Rent Multiplier is based on prior and/or current analysis of prices and market rates for residential properties. D For income producing properties, actual rents, vacancies and expenses have been reported and analyzed. They have been used to pro~ --- ject futufe rents, vacancies and expenses. X SUBJECT PROPERTY OFFERING INFORMATION ~rding to Multi List records the subject property; L has not been offered for sale in the past .L- months or _ years. = is currently offered for sale for $ = was. o~ered fO~ sale within the past -:--- months or _ years. = Offe~g ~nformat~on was considered In the final reconciliation of value. Offenng Infarmalion waa not conaidered in the Unal reconciliation of value. = Offering information was not available. The reasons for unavailability and the steps taken by the appraiser are explained later in this addendum. X SALES HISTORY OF SUBJECT PROPERTY According to Tax Records the subject property; B has not transferred in the past ~ months or.L- years. has transferred in the past _ months or _ years. All prior sales which have occurred in the past _ months or _ years are listed below and reconCiled to (he appraised value, either in the body of the reDort or in the addenda. Date Sales Price Document .. Seller Buyer X FEMA FLOOD HAZARD DATA eg, Sub~ecl property Is not loca~ed in a FEMA Special Flood Hazard Area. Sub eel property Is located In a FEMA Special Flood Hazard Area. Zone FEMA.'MaDJPanel# Man Oate t..lame of Communitu X 420360 0010C 1/5/96 Hampden Twp - X The community does not participate in the National Flood Insurance Program. .;.;. The community does participate in the National Flood Insurance Program. X It is covered by a regular program. It is covered by an emergency prooram. FW-70M OOCllmber1992 Forms & W~ms Inc_. 315 Whitney Ave. Nuw Haven. CT 06511 All High1$. Reserved ThIS TDrm flIl'R'ducll'll w~h JXIlAiilsilln un 100 ACI DlII'ltJupmltnl Rilpktfosms syslllm (600) 2Ui127 _ '<,.', ..'" ,,' , ~ , x CURRENT SALES CONTRACT CKJThe subject property is currently not under contract. DThe contract and/or os crow instructions were not available for review. The unavailability of the contract is explained later in the addenda section. DThe contract and/or escrow instructions were reviewed. The following summarizes the contract: Contract Date Amendment Date Contract Price Seller DThe contract indicated that personal property was not included in the sale. DThe contract indicated that personal property was lneluded. It consisted of Estimated contributory value is $ ~personal property was not included in the final value estimate. Personal properly was Included in the final value estimate. The contract indicated no flnancjng concessions or other incentives. The contract indicated the following concessions or incentives: DIf concessions or incentives exist, the comparables were checked for similar concessio.ns and a~propriale adjustments were made, if applicable, so thai the final value conclusion is in compliance with the Markel Value deflne~ he;,relll. , ' x MARKET OVERVIEW Include an explanation af current market conditlans and trends. 3-6 months is considered a reasonable marketing period for the subject property based on Multi List records x ADDITIONAL CERTIFICATION (1) The Appraiser certifies and agrees that: Their analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice rUSPAp.), and in accordance with the regulations developed by the lender's Federal Regulatory Agency as required by FIRREA, except that the Departure Provisions of the USPAP do not apply. Their compensation is not contingent upon the reporting of predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated resull, or the occurrence of a subsequent event This appraisal assignment was not based on the requested minimum valuation, a specific valuation, or the approval of a loan. (2) (3) x ADDITIONAL (ENVIRONMENTAL) LIMITING CONDITIONS The value estimated is based on the assumption that the properly is not negatively affected by Ihe existence of hazardous substances or detrimental ellvironmental conditions unless otherwise staled in this report. The appraiser is not an expert in the identification of hazardous substances or detrimental environmental conditions. The appraiser's routine inspection of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous substances or detrimental environmental conditions which would affect the property negatively unless otherwise staled in this report. It is possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental environmental conditions on or around the property that would negatively affect its value. x ADDITIONAL COMMENTS None x APPRAISE . SE/CERTIFICATION Appraiser's Signature Appraiser's Name (prinl) State PA Effective Date 101312001 Date Prepared 10/1812001 Phone # ( 717 ) 533-1925 Residential Cerlification X Cerllfication # RL-001182-L Tax 10 # CO-SIGNING APPRAISER'S CERTIFICATION DThe co-signing appraiser has personally inspected the subject property, both inside and out, and has made an exterior inspection of all compara~le sales listed in the report. The report was prepared by the appraiser under direct supervision of the co-signing appraiser. ~he cO-Signing appraiser accepts responsibility for the contents of the report inclUding the value conclusions and the limiting condi~ tlOns, and C:onfirms thai the certifications apply fully to the co-signing appraiser ~The co-signIng appraiser has not personally inspei;:ted Ihe inlerior of the subject properly and: has not h'1Spected the exterior of the subject property and all comparable sales listed in the report. has inspected the exterior of the subject property and all comparable sales listed in the report. The rep?r! .was prepared by the appraiser under direct supervision of the co-signing appraiser. The co-signing appraiser accepts res~~nsl.blhty for the contents- of the report, including the value conclusions and the limiting condlHons, and -confirms thallhe certlf,.calJOfls apply f.ully to !he co~signing appraiser with the exception of the certification regarding physical inspections. The above descnbes a level of inspectIOn performed by the co-signing appraiser. DThe co-sigl1ing appraiser's level of inspection, involvement in the appraisal process and certification are covered elsewhere In Ihe addenda section of this appraisal. CO-SIGNING APPRAISER'S SIGNATURE & L1CENSE/CER'FIFICATlioN Appraiser's Signature OTrainee Appraiser's Name (print) State Dlicense D Certified Residential 0 Certification # o Review SS # o Other fW.70M Oscamber1992 Forms & W~rms Inc., 315 Whllney Ave. New Haven, CT 06511 All Rights Reserved T~lS 1II'1n reprodll(ed Vlilh ptll"mis~..n (In Ills ACI DII'I....pmsnlllllpillforms s)slsm (000) 2JHI721 ~-J. "" ~~~ '-J , , . PENSION APPRAISERS INC. r", ! r- ! I P.O. Box 4396 · Allentown, PA 18105-4396 1-800-447-0084 · Fax 610-770-9342 E-MAIL: penapp@pensionappraisers.com WWW: http://www.pensionappraisers.com March 18, 2002 Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, Pennsylvania 17070-1931 RE: Present Value of Grace L. Cunningham's Defined Pension Benefit File No. 07-05-01-046-207781 Dear Attorney Sumple-Sullivan: We have determined the present value of the marital share of Grace L. Cunningham's defined pension benefit by the PBGC Actuarial and Mortality Table Method as of March 18, 2002 to be $127,084.61. This valuation was developed and prepared in conformity with the requirements of the Actuarial Standards of Practice No. 34. These Standards were developed by the Pension Committee of the Actuarial Standards Board of the American Academy of Actuaries. The purpose is to set standards for Members and Other Persons Interested in Actuarial Practice Concerning Retirement Plan Benefits in Domestic Relations Actions. Pension Appraisers, Inc. relies on the requestor to provide the information necessary to value pensions. In some cases, information not provided by the requestor may be obtained from plan summaries on file in Pension Appraisers, Inc.'s offices. All information received from the requestor is reviewed for practicability and reasonableness. Any information in question is verified with the requestor, when possible. Any deficiencies in data may materially affect the results of the appraisal. Pension Appraisers, Inc. utilizes the fractional rule allocation method in valuing all pensions for equitable distribution purposes unless otherwise stated. BIRTH DATE: November 9,1955 SEX: Female MARRIAGE DATE: April 8, 1978 VALUATION DATE: March 18, 2002 PENSION PLAN: PA State Employees' Retirement System DATE EMPLOYMENT STARTED: November 14,1981 (Assumed date pension holder began participation in the plan) DATE BENEFITS STOPPED ACCRUING: January 17, 1999 (Assumed date pension holder ended participation in the plan) ASSUMED DATE MARRIAGE ENDED: January 17,1999 AGE WHEN BENEFITS COMMENCE: 60 Years "Valuators of Defined Pension Benefitsfor Equitable Distribution" :>>-."" ~--, ~~,~, ,. , ' -" - 'in r (~ .. PBGC Actuarial and Mortality Tables Method March 18, 2002 Grace L. Cunningham - 07-05-01-046-2077B1 Page 2 MORTALITY TABLES AND INTEREST RATES: Mortality Tables (1983 Group Annuity Mortality Tables), Interest Rates and Factors used by the Pension Benefit Guaranty Corporation to value immediated and deferred annuities in single- employer and multiemployer plans. INTEREST RATE ASSUMPTIONS: Annuity Rates Rates as of March 18, 2002: L = 5.60 %, i2 = 4.25 % and i^ = 4.25 % r . . ~ Estimated Cost of Living Adjustment: 1.00 % Adjusted Rates if Applicable: i1 = 4.60 %, i2 = 3.25 % and i3 = 3.25 % ASSUMED MONTHLY BENEFIT: $1,521.09 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of January 17, 1999. Formula: 0.025 x Years of Service x Final Average Salary = Annual Maximum Full Retirement Data: Years of Service: 18.1270 Years (As of 12/31/99) -0.9528 Years (11/17/99 - 12/31/99) 17.1742 Years (As of 1/17/99) Final Average Salary: $42,512.90 Analysis: 0.025 x 17.1742 x $42,512.90 = $18,253.13 (Annual Benefit) $18.253,13 = $ 1,521.09 (Monthly Benefit) 12 Months l~r_ " ," _ ;", ,I " ~ ,----. r -'. PBGC Actuarial and Mortality Tables Method March 18, 2002 Grace L. Cunningham - 07-05-01-046-2077B1 Page 3 REDUCTION FOR NON-VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 1.0000 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated in the plan during the marriage and the denominator is the total period the pension holder participated in the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $ 127,084.61 Reduction for Non-vesting: Reduction for Marital Coverture: x 1.0000 1.0000 x VALUATION FOR EQUITABLE DISTRIBUTION: $ 127,084,61 .c,..,. , ." .~ P:"\:~.~\~4:;::"''''':''' c;T,"C;~~~~:,"'....,~;t,:'.::.:.:;:.~ ~ . . . · Ac:cutllAccll!ls Pmm. I ttriG i em non, Sertlat llib ~.nbll1c. ~rt ",] - ,,~ bEt'est I:dM - ,'.' " ,i.'. . - ~ ',', .-:- -.:1 " ,_ '" .... 'l'" .... ~" :~P~.,__.c..o.'-'lI{JI:.,".,,,,,,J SMlCMnOl!I M9m;um ' ~II",,""'..,.- . ... .., r~"":."'I~"'" 1~~~"~""""''''"~'''''''IIIII; :Sall!lCancDI &::hadl.!fed ~ Accumulation value by contract. CHARLES e.. CUNNINGHAM ~:.' .'.' , ;,' .1, .$,.:; ;:, . ~.~, . .~, :';\'. <~', ~:'" ;. ~ cnnlnlct(s) 1f.,.;O:U31'~2i! .. : Illi3oJ2~d ..,.... ~mVl!tMqU1tY;~1lJ,1 $190,323..27 i176,515.58 .. ""m > ,'~.:. ... ... "" ... _,J, .., TIM Traditicnal $SSmrt :23 $57,766~8lI CREF Steck $fOO\e6f'.:1S .$S9, '.30.00 Units 6'e.~ 616.005 Unit Value $163.4035 $144.6703 CREF Global Equities $32.,888,$ $29;718.70 Units 507,1~2 507.152 Unit Value $tl-U5Q, $58,5992 1 View aCCt1mulation summarv I View inccme summarv I 'lIe .Sad :H:9. eo.og'rnr :OL969L6L.L :OO~8 ~a~~esBl dH :A8 ~uas dJi~2rm $165.769.50 $li8,Q89.02 $80,e5O.02 616.065 $1313ll85 $26,730 ,46 507.152 552,7070 . Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 GRACE L. CUNNINGHAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-6208 CHARLES E. CUNNINGHAM, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the Defendant's Pre-Trial Statement, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 DATE: August 30, 2002 ( Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. 32317 Attorney for Defendant - .",. . ,~~-", .. . " v. : IN THE COURT OF COMMON PLEAS ('J I If. () I.:l I ffl- : CUMBERLAND COUNTY, PENNSYL V ANIAlI\/"II/ I Y J : CIVIL ACTION - LA W ~ : NO. 00-6208 CIVIL TERM GRACE L. CUNNINGHAM, Plaintiff CHARLES E. CUNNINGHAM, Defendant : IN DIVORCE PRETRIAL STATEMENT OF GRACE L. CUNNINGHAM I. GENERAL INFORMATION 1. Plaintiff, Grace L. Cunningham, is of full age and sui juris. Her health is good. 2. Defendant, Charles E. Cunningham, is offull age and sui juris. His health is believed to be good. 3. The parties were married on April 8, 1978 in Pittsburgh, Allegheny Cotmty, Pennsylvania. 4. Two children were born ofthis marriage, Maggie, born March 13, 1982, now 20 years old; and Allison, born March 2, 1986, now 16 years old. 5. The Divorce Complaint alleges the date of separation of the parties was on or about November 18, 1999. 6. Plaintiff, Grace L. Cunningham, is employed as a consumer educator for the Commonwealth of Pennsylvania and earns a monthly income of approximately $3,240.00. 7. Defendant, Charles E. Cunningham, is employed by the American Heart Association as a development director. His net monthly income is believed to be about $4,000.00. ,~. ~~ ~ --,. ,.,- '-'" "-,-,>,-",, ,., .,,~ -< -~ , , ~ . . .. 8. Pursuant to a Cumberland County Domestic Relations support award, Defendant, Charles E. Cunningham, is paying child support for the support of the parties younger daughter who resides with the Plaintiff as the primary custodial parent. 9. A Complaint in Divorce was filed by Plaintiff on September 11,2000 which Complaint averred irretrievable breakdown ofthe marriage and raised a claim for equitable distribution. II. MARITAL ASSETS 1. The marital assets are set forth in Attachment A, appended hereto. 2. The parties disagree as to the valuation and distribution of certain bank account proceeds. III. MISCELLANEOUS INFORMATION 1. Plaintiff does not intend to call any expert witnesses at trial. 2. Plaintiff does not intend to call any witnesses on her behalf other than herself testifying. 3. During the marriage, Wife worked and also served as a homemaker and mother to two daughters. Husband previously was employed at a much higher salary and it is believed that his earning potential greatly exceeds that of his Wife. His current earnings are greater than that of Wife. 4. List of Exhibits: (a) Plaintiffs current paystub will be provided; a copy of Plaintiff's and Defendant's March 2002 paystubs are attached. (b) Plaintiff's 2001 tax return is attached. 2 ~,~ ~~. . . , (c) Any and all documents indicating the value of marital property in the possession and/or control of Defendant, which are not introduced by the Defendant. IV. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES Wife should receive more of the marital property in that the guidelines under the Divorce Code suggest that resolution. Moreover, the tax consequences of any cash contribution to Wife must be considered. V, REOUESTED RELIEF 1. Master to order parties to sign affidavits and waivers so that a no-fault divorce can be issued. 2. Recommend the Court issue a Decree of Divorce. 3. Recommend to the Court that all economic issues are resolved including equitable distribution. 4. That the Wife be awarded more of the marital property in that the Husband has and will continue to have superior earning capabilities. His outlook for accumulation of capital assets over the future is enhanced. Moreover, Wife is and has been the primary custodial parent of the parties' children. Dated: ra rman, Esquire I 0:0747 1 0 Locust Street . O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff 3 ".'~ ^ {-', ~'_.' - ',~,''''-_ r .,' .", _ , , ~- - _~ > - on , ~ . ,"'!f'?I--, , Attachment A Cunningham Marital Estate Real Estate: 3602 Beech Run Road 160,000,00 10/31/01 Mechanicsburg, P A Appraisal Report 76,000,00 less mortgage 84,000.00 Stipulated Vehicles: Bonneville (H's vehicle) 5,000,00 Stipulated Lincoln (Wife's vehicle) 2,500,00 Stipulated Mercury non-marital Stipulated to daughter Accounts: Savings - advanced to H 8,360,00 Checking - advanced to W 1,900,00 Investments: Oppenheimer Fund 17,096 Templeton Foreign Fund 3,159.00 Children's college Retirement: TIAAlCREF (H) 185,000.00 SERS (W) 127,084 Savings Bonds (W) II ,000.00 Misc. Personalty Divided Time Share 9,000.00 Total Marital Assets 433,844,00 (Not including investments for children's college) Liabilities: (Time share expense to be allocated.) -" - I.... ~ -<I ; " - , COMMONWEALTH OF PA - EMPLOYE STATEMENT PAY PERIOD ENDING: 03-01-02 PAY DATE: 03-15-02 VII: 191402970000 DEPT: 014 CDC: 05300 EMP#: 082695 POSH: B/U: A3 PAY RANGE: ATTORNEY GENERAL 254304 SSN: 196-38-3010 07 STEP: 28 LEVEL: 00 OFF OF CONSHR ADV GRACE L CUNNINGHAM 3602 BEECH RUN LANE MECHANICSBURG PA 17050 ST *WPAI~8E"Eill'$..... lEAlTH BENEFITS KEYSTONE HEALTH - CENTRAL INN HED HOSP RET EMP HLTH PROG (REHP) .IFE INSURANCE IORKERS COMP OCIAL SECUiHiY IEDICARE TOTAL STATE PAID B N F IS PAI6lEAVE STATEMENT SERVICE CREDIT: 20 YR 10 PP PEND 3-01-02 LEAVE USAGE REPORTED SICK 190,00 135.00 4.23 46.49 129.46 30.28 535.46 HOURS EAVE- ACTIVITY ANNUAL SICK PERSONAL ALANCE LAST STATEMENT 272.72 320.14 7.50 CCRUAL THIS PP 5.78 3.75 .00 V REPORTED THIS PP .00 2.00 .00 DJUSTMENTS .00 .00 .00 ALANCE THIS STMT 278.50 321.89 7.50 ACCRUAL RATE: .SICK 5.-00""- GROSS EARNINGS 2,088.00 12,528.00 MINUS DEDUCTIONS FED HTH TX M Ot 216.02 1,296.12 SOC SEC TX 6.20000% 129.46 776.76 SOC SEC/HED TX 1.45000% 30.28 181.68 STATE HTH TX PA 2.80000% 58,46 350.76 LOC HG TX-RES PA 21 910 1.00000% 20.88 125.28 REf P/U CON STATE EMP 6.25000% 130.50 783.00 SUPP INS PROG LONG TERM DIS INSURANCE 6.51 39.06 NET EARNINGS: PLUS REIM8URSEMENTS 1.495.89 TOTAL" DI,RE"CT:,:"OEPOS_IT; ,AMOUNT $" "'1!49S~.~9 2.00 03-01-02 REG SAL PP END BREAKDOWN' GROSS EARN . RATE 27.84 ESSAGE CENTER: LOCAL WAGE TAX COUNTY/MUNICIPALITY: CUMBERLAND COUNTY FHT TAX GROSS: 1.957.50 ,-;.,..,. . :~ ,~, ,._, HOURS 75.00 TOT~Lf;~#~t".i,RNi*,SIHts .PAV{. . SENI~RltVl N.~OR~MloN HAMPDEN THP. - - GROSS 2,088.00 $~, 08~.00 ,. .American Heart a:a AssOl:iation~V ~ _l 0-....... $"_ Earnin'ls Regular Float/Pers Hol Deductions .'.C.6',#'.;Err/'d~FT/#~6Ce.yp~;fj6f.......'il46 iKH ..:t 05703.CMPOOO:.oooo11 0013.t 211 AMERICAN HEART ASSOCIATION, INC. DBA PENNSYL VANIA DELAWARE AFFILIATE 1019 MUMMA RD, PENNSBORO CENTER WORMLEYSBURG, PA 17043 Taxable Meuital Status: Single Exemptions/Allowances: Federal: 1 PAc N/A Camp Hill B: 1 Social Security Number: 173-44.6940 rate hours this period 36.3219 36.3219 (>r6"iip~Y 68.83 2,500.'04 7.00 254,25 $2]754i!W Statutory Federal Income Tax Social Security Tax Medicare Tax PA Slate Income Tax Camp Hill 6 Income Tax Other Checking Dental Ee Charity Medical Vision 403(6) Occup Priv Net pay. .492,36. -168.69' -39.45- -76.01' -27,54: -1 ,785.43 -2.62* .15.00, -33.73" -3.29' -110.17*, '.$0/<& ,., * Excluded from federal taxable wages Your federal taxable wages this period are $2,604.48 j=;jJrjf. ~ 'I ;;'!!.hJJ;:::'i'JiN...:..~Wf.l.;I~j!J1 ~lr.DY~ '" ASrefican Hean ... Associa!ion~V ~"""'l""",.._Str... year to date 13,517.20 254.25 13,771.45 , 2,461.80 843.49 197.27 380.05 137.70 8,917.09 13.10 75.00 168.55 16.45 550.85 10.00 I I Earnings Statement Period Ending, Pay Date: 03/15/2002 03/15/2002 GffJJ @ total to date 31,50 7.00 364.00 " <' ~ T (.I ,.!...11 ;jEV.J.;~ .J,w~ ; J, !: =. h):~ Q .iJ.= ~~;'. ~ u "].!J.0~1;.' J.!!J ~E1J~!. .; II jll ~ ;, ;.t);..;g II. :w..2Jl..l$l!Jt=.;;U;J!;J;;'~!jIJ.,~,lJ~h[~j . . tl i.J _I ~j !,d !:j ~(, amount {lj g'1 $1 .785, 43 f:! If! ~~'j ~p NON-NEGOTIA~LE____[U AMERICAN HEART ASSOCIATION, INC, D6A PENNSYLVANIA DELAWARE AFFILIATE 1019 MUMMA RD. PENNS60RO CENTER WORMLEYS6URG, PA 17043 Deposited to the account of CHARLES CUNNINGHAM . - - - - - - - - - - - - - - - - -- - - ~- - - -- - --- ~ -- - - - ---- --- - -- - - ~-- --- --- - ~ -,- - - - - - - -~ ~ - . - -- - - - - ----- ---- - -- - - - --- -- - -- - - -- - - -- - - - - - - -._-~----~------~-------~-------------- ;;"I~-,~ :1 ',;-E: CJ:W:.ild;.',1... ~r.J':;ljil!.o;d'j :-1;.,:'; ;.',il. " 1..-::::. :,-'- CHARLES CUNNINGHAM 4173 GROUSE CT #115 MECHANICSBURG, PA 17055 Other Benefits and Information Group Term Life FIt/Per Hrs Bal Pto Hrs Bal this period 6.30 r!'J~~ ;:~ ~.d ;'.I_l'jl_::_-rrJ 'Ii:::'!'/ 'f~l;:i' r.~';:-~~'~llr. .': '~ ~ rc-'l-'_.,:- Advice number: Pay date: 00000110013 03/15/2002 transit A6A 2313 8111 II! 1040 " Department ~f the Treasury - Intemal Revenue Service S d' 'd II T R t ~ Form U. ,In IVI ua ncome ax eum (99) IRS use only -!Po not write or staple in this space. For the year Jan 1 . Dee 31, 2001, or other tax year beginninq ,2001, ending ,20 OMS No. 1545.0074 label Your First Name MI Last Name Your Social Security Number (See insVUctions.) Grace L Cunningham 196-38-3010 If a Joint Return, Spouse's First Name MI last Name Spouse's Social Security Number Use the IRS label. Otherw.se, Home Address (number and street). If You Have a P.O. Box, See Instructions. Apartment No. . Important! . please print or type, 3602 Beech Run Lane You must enter your social City, Town or Post Office. If You Have a Foreign Address, See Instructions. Slate ZIP Code security number(s) above. Presid.ntiaJ Mechanicsburg PA 17050 2001 Election Campaign (Seeinstruciions.) Exemptions ~ "Note: Checking 'Yes' will not change your tax or reduce your refund. Do OU, or our spouse if Win a joint return, want $3 to go to this fund? 1 Single 2 Married filing joint return (even if only one had income) 3 Married filing separate return. Enter spouse's SSN above & full name here --- 4 X Head of household (with qualifying person). (See instructions.) If the qualitying person i~ a child but not your dependent, enter this child's name here --- Quali in widow(er) with dependent chiid ear souse died ~ ), (See instJuctions.) Yourself. 11 your parent (or someone else) can claim ycu as a dependent on his or her tax return, do not check box 6a ......--- No Filing Status Check only one boX. S 6a c Dependents: (2) Dependent's social security number (3) Dependent's relationship to you }' ::e::~ ....: 6~.nd6b ... L No. otyour .... ehlld~lIon (4) I if 6C who: ch~a~~\\d -.lived tax credit wnth you . (see ipstrs) . did not i Ilve wItb you due to divorce X or separation (seernAh) .. 1 b S use 2 If more than six dependents, see instructions. (1) First name Ma ie M Cunnin ham Allison L Cunnin ham Last name 182-62-3030 Dau hter 186-66-6653 Dau hter Dependents on6cnot entered.bove . Add numbers ..I 31 d Total number of exemptions claimed entered on ___ ..... .. . . . . . . . ,.....1. . . . . lines .bove . 7 Wages, salaries, tips, etc, Attach Form(s) W-2 . Ii 7 49,853. Income 8a Taxabl. interest. Attach Scheduie B if required. J~ 431. ............. ...... ... Attach Forms b Tax-exempt interest. Do not include on line 8a ... . . . . . . I 8bl W.2 and W.2G 9 Ordinary dividends, Attach Schedule B if required 9 148, here. Also attach . . . . . . . . . . , . . Form(s) 1099-R if 10 Taxable refunds, credits, or offsets ot state and local income taxes (see 'Instructions) , 10 tax was 'ft";t1111~d. 11 Alimony received 11 12 Business income or (loss), Attach Schedule C or C-EZ. 12 If you did not 13 Capitai gain or (loss). Altach Schedule 0 If required, If not required, cheek here. ..~~ 13 20, get a W.2, see instructIons. 14 Other gains or (losses). Attach Form 4797 14 158 Total IRA distributions ..... H*I I b Taxable amount (see instrs) .. i 1Sb 16a Total pensions & annuities. 16a b Taxable amount (see Instrs) 16b 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . 17 Enclose, but do 18 Farm income or (loss). Attach Schedule F .................. .......... .... 18 not attach, any 19 Unemployment compensation 19 payment. Also, lOa Social security bene1its 1 20al Ib Taxable amount (see instrs) . 20b ~Iease use orm 10411.V. 21 Olherincome 21 ----------------- 22 Add the amounts in the far right column for Ilnes7- thi-ouah-21, rhls1s-vour totalin~o-me-'; 22 50,452, 23 IRA deduction (see instructions) . 23 Adjusted 24 Student loan interest deduction (see instructions) 24 Gross 25 Archer MSA deduction. Attach Form 8853 . 25 Income ...... 26 Moving expenses. Attach Form 3903. 26 .... V One.half of self.employment tax. Attach Schedule SE V c. 28 Self-employed health insurance deduction (see instructions) 28 [:); 29 Self.employed SEP, SIMPLE, and qualified plans. 29 < 30 Penalty on early withdrawal of savings. 30 ........ 31 a Alimony paid b Recipient's SSN . ~ 31a 32 32 Add lines 23 through 31a . . . . . . . . . . . . . 33 Subtract line 32 from line 22. This is your adiusted gross income. .. ~ 33 50,452. BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. Form 10411 2001 FDlAOl12 12/10101 "o;';:.'llI!?~_....., .~.~. "14, ~ , I , , i I I "- Grace L Cunnin ham , 34 "Amwnt from line 33 (adjusted gross income) ., . . . . . . . . . . 358 Check if: 0 You were 65/older, 0 Blind; 0 Spouse was 65/older, . tj" B;i~d',' Add the number of boxes checked above and enter the total here. . . . . . . . . . . ." 35a I b If you are married filing separately and your spouse itemizes deductions, or you were a dual-status alien, see instructions and check here.. .. . , . . . -36 Itemized deductions (from Schedule A) or your standard deduction (see left margin) '5l Subtract line 36 from line 34 . . . . . . . . . . 38 If line 34 is $99,725 or less, multiply $2,900 by the total number of exemptions claimed on line 6d. If line 34 is over $99,725, see the worksheet in the instructions. . . . . , . . . . . . 39 Taxable Income. Subtract line 38 from line 37. If line 38 is more than line 37, enter .0. . . . . . . . . . . . 40 Tax (see instrs). Check If any tax is from a 0 Form(s) 8814 b 0 Form 4972 41 Alternative minimum tax (see instructions). Attach Form 6251 42 Add lines 40 and 41 43 Foreign tax credit. Attach Form 1116 if required. . 44 Credit for child and dependent care expenses, Attach Form 2441 45 Credit for the elderly or the disabled, Attach Schedule R . . 46 Education credits. Attach Form 8863. 47 Rate reduction credit. See the worksheet 48 Child tax credit (see instructions) . 49 Adoption credit Attach Form 8839. 50 other credils from a B Form 3800 . b 0 Form 8396 c 0 Form 8801 d Form (Specify) 51 Add lines 4J through SO. These are your total credits 52 Subtract line 51 from line 42. If line 51 is more than line 42, enter .0. . 53 Self.employment tax. Attach Schedule SE . . 54 Social security and Medicare tax on tip income not reported to employer. Attath Form 4137 55 Tax on qualified plans, including IPAs, and other lax. favored accounts. Attach Form 5329 jf required , 56 Advance earned income credit payments from Formes) W-2 fi] Household employment taxes. Attach Schedule H 58 Add lines 52-57. This is your total tax . 59 Federal income tax withheld from Forms W-2 and 1099 . L 60 2001 estlmaled tax payments and amount applied from 2000 relurn . 61 a Earned income credit (ElC) . I b Nontaxable earned income . .1 61 bl 1 62 Excess social security and RRT A tax withheld (see instrs) 63 Additional child tax credit. Attach Form 8812 64 Amount paid with request for extension to file (see instructions) 65 Other payments, Check if from. . . . . a 0 Form 2439 b 0 Form 4136 66 Add lines 59, 50, 61 a, and 62 through 65. These are your total a ments .................................. ... 67 If line 66 is more than line 58, subtract line 58 from line 66. ThiS is the amount you overpaid. 68a Amount of line 67 you want refunded to you . ~ b Routing number 231381116 ~ dAccountnumber. 1196383010 69 Amount of line 67 you want applied to your 2002 estimated tax. . . . . . . . ...~ 70 AmOllnt you owe. Subtract line 66 from line 58. For details on how to pay, see instructions 71 Estimated tax enal . Also include on line 70 71 I 00 you want to allow another person to discuss this return with the IRS (see instructions)? . Yes. Complete the following. [)eslgnee's Phone Personalldentilication !'lame ... No. ~ Number (PIN) ~ Un~er penalties 01 perjury, I declare that 1 have exa~ined this return and accompanying schedules and statements, and to. the best of my knowledge and tlehef, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Your Signab.Jre Date Your Occupation Daytime Phone Number Form 1040 Tax and , , Credits Standard Deduction for- . People who checked any box on line 35a or 35b or who can be claimed as a dependent, see instructions. . All others: Single: $4,550 Head of household, $6,650 Married filing jolntlx or Qualifying widow( er), $7,500 Married filing separately, $3,800 Other Taxes Payments If you have a qualifying child, attach Schedule EIC. FDIA0l12 12/10101 Refund Direct deposit? See instructions and fill in 68b, 58c, and 58d. Amount You Owe Third Party Designee Sign Here Joint return? See instructions. Keep a copy for your records, Paid Preparer's Use Only ~1m-, 01 43 44 45 46 47 48 49 50 59 60 61a 62 63 64 65 ~ c Type: o Checking ~ Spouse's Signature. If a Joint Return, Both Must Sign. ~ 38 39 40 41 ~42 600. 51 ~52 53 54 55 56 57 ~58 6,062. ~ 66 fi7 ......... ~ IRJ Savings Date State Worker Spouse's Occupation Preparer's Irl... Signab.Jre " rirm'sName (or yours if Irl... self-employed).'" Address, and ZIP Code Date Check if self-employed Preparer's SSN or PTIN Self Pre ared - ." I - EIN Phone No. Pa e2 0,4.52" 10,681. 39,771. 8,700. 31,071. 4, 661. 4,661. 600. 4,061. 4,061. 6,062. 2,001. 2,001. X No Form 1040 (2001) - ~. Oepjlrtmant of the Tre:asury (99) Internal Re".'enue ServIce Name(s) Shown on Form 1040 Grace L Cunnin ham Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses (see instructions) ...... .......... ~~~~~ses 2 Enter amount from Form 1040, line 34 .....1 2 3 Multiply line 2 above by 7,5% (.075) 4 Subtract line 3 from line 1. If line 3 is more than line 1 J enter .0- S S tate and local income taxes 6 Real estate taxes (see instructions) . 7' Personal property taxes . 8 Other taxes. List type and amount.. _ _ _ _ _ _ _ _ _ _ _ __ ~!~~-~~~~-------------------~~, 9 Add lines 5 through 8 . 10 Home mtg interest and points reported to you on Form 1098 - Schedule A . (F 2rm 1.D40) TlIJ(es Vou Paid (See instructions.) Inl<lrest Vou Paid (See instructions.) Note. Personal interest is not deductible. Gift. to Charity If you made a gift and gat a benefit for it. see instructions. Casualty and Theft Losses Job Expenses and Most Other Miscellaneous Deductions (See instr'uctions for expenses to deduct here.) Other Miscellaneous Deductions Total itemized Deductions '. Itemized Deductions .. Attach to Form 1040. .. See In.truction. for Schedule A (Form 1040). 5 6 7 8 11 Home mortgage interest not reported to you on Form 1098, If paid to the person from whom you bought the home, see Instructions and shaw that person's name, identifying number, and address ... 12 Po;ntsn~t repOrted toYou on Form 1098.s; instrs to~spclruies- - - - -- 13 Investment mterest. Attach Form 4952 if required. (See inslrs.) . 14 Add lines 10 through 13 . 15 Gifts by cash or cheek, If you made any gift of $250 or more, see instructions 11 12 13 16 Other than by cash or check. If any gift Of $250 or more, see instructions. You must attach Form 8283 if over $500 . 17 Carryover from prior year. 18 Add lines 15 throu h 17 .. 16 17 19 Casual 20 . Attach Form 4684. See instructions. Unreimbursed employee expenses - job travel, union dues, iob education, etc. You must attach Form 2106 or 2106-EZ if required. (See instructions.) ... _______________________________ 20 21 Tax preparation fees 21 22 Other expenses - investment, safe deposit box, etc. List type and amount ... _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ OMB No. '545..Q074 2001 07 Your Sodal Security Number 1, 994. 1,785.. 286. 4,125. 6.556,: 6,556. 23 Add lines 20 through 22 24 Enter amount from Form 1040, line 34 .) 24 I 25 Multiply line 24 above by 2% (.02) 25 26 Subtract line 25 from line 23. If line 25 is more than line 23, enter .0. 'lJ Other - from list in the instructions. list type and amount... _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ . ' 28 Is Form 1040, line 34, over $132,950 (over $66,475 if MFS)? -------~------------------------------------- v IRJ No. oVes. Your deduction is not limited. Add the amts in the far right co! for lines 4 through 27. Also, enter thiS amt on Form 1040, line 36. Your deduction may be limited. See instructions for the amount to enter. BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. -<""""",,",'I!'ll~~ FDIA0301 '01107102 "~~ JIllI]I,."., - - -~ .. 28 10,681. Schedule A (Form 1040) 2001 - Schedule A & B (Form 1040) 2001 Name(s) Shown on Form ~040. 'd ,.Grace'l Cunningham OMS No. 1545-0074 Pa e 2 'Y4ur Sodal Sewrlty "umbel 196-38-3010 Schedule B - Interest and Ordinary Dividends 08 Part I 1 List name of payer. If any interest is from a seller.financed mortgage and the buyer used Amount the property as a personal residence, see the instructions and list this interest first. Also, Interest show that buyer's socIal security number and address . .. J~3JEt~E~02Y~~_~~Q~~~~2~____________________ 290.52 (See instructions J~_SJEt~ E~pJ2y~e_L<;'r~Q~t_ ~lli2~ _ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ __ 17.48 for Form 1040, Irne 8a,) J~~J~~~_~Jgi~~~~9___________________________ 246.59 -------------------------------------------- -------------------------------------------- Note. ffyou -------------------------------------------- received a Form 1 1 Q99-INT, Form 1099-010,0( -------------------------------------------- substibJte statement -------------------------------------------- from a brokerage firm, fisttne firm's -------------------------------------------- name as the payer and enter !he total -------------------------------------------- ir'i~eres1 shown CI'l !hat form. --------~--~-------------------------------- -------------------------------------------- -------------------------------------------- 554.59 5~~21~l_____________________________________ ~Q~~g~~j~VjQ~jQ~___________________________ -123.30 2 Add the amounts on line 1 2 431.29 3 Excludable interest on series EE and I U.S. savings bonds Issued after 1989 from Form 8815, line 14. You must attach Form 8815 ....... 3 4 Subtract line 3 from line 2. Enter the result here and on Form 1040, fine Sa. ~ 4 431 .29 Note. If line 4 is over $400. vou must comDlete Part Ill. Part II 5 List name of payer. Include only ordinary dividends. If you received any capital gain Amount Ordinary distributions, see the instructions for Form 1040. line 13 ~ - --- -------- -- Dividends ir~nJl~~1~m~1~toD_0!~~~~~0____ ------- ------- --- 246 .59 ~Q~e~b~~~~~DQ~_______ -- -- - ----- --- ------- -- -- 34.46 (See instructions for Form 1040, - - -- - -- ---- - ----- - ----- --- - --- --- ---- - - -- --- line 9.) ------- -- ---- ----- ---- -- - --------- ------ -- - - ---- --- - -- -- -- - -------------------------- --- Noh. (f you ------ - --- ------ ---- - ---- -- -- ------- ---- -- -- received a Forn1 - - -- - -- ---- - --- -- - -------- ------------ --- --- 1 Q99.DIV or substibJte statement --- ---- -- - ---- -- --- -- --- - -- --- --- - from a brokerage ---- -- ---- firm, list the firm's ---------- - --- --- - ----------- ---- - -- -- - -- --- name M Ihe payer ~nd enter !he - - - - - - - -- ---- - ---- - - - --- - 5 Qrdinarydi....idends ---- -- --- ------ ---- shown on !hat form. ------ - -- - - --- ------------------- ----- - -- --- ---- - ----- ----- -- ---- - - -- - --- ------ -~--~---- --- ------ ---- --- - - - ------- ---------- - - - -- --- ---- --- - -- - - -- - --- - --- - -- --- - - -- -- -------- - - - - - - -------- - -- - -- - -- - -- -- -------- ---- -- -- -- -------~- -- - -- --- - ---- - -- - ------- -- - - ---- -- - 5Yl2.t_01~t _ ----------- -- - - - -- --- --------------- 281 .05 ~Qf!!i~g~ Jlj ~tJ j gu_tj QIl_ - -- -- - -- - - - ----- -- - - ---- --- -132 83 - -- - --- - --- - --- --- - - - - -------- --- - ---- - -- -- 6 Add the amounts on line 5. Enter the total here and on Form 1040, line 9. ~ 6 148.22 Note. If line 6 is over $400, au must com lete Part III. You must complete .thlS part if you (0) had over $400 of taxable interest or ordinary dividends; (b) had a foreign account; or (c) received a dlstnbutlon from, or were a grantor of, or a transferor to, a foreign trust. Yes No Part III Foreign Accounts and Trusts (See Instructions.) 7 a At any ti~e during 200 1 J did you have an Interest in or a signature or other authority over a financial account In a foreign country, such as a bank account, securities account, or other financial ~ccount? See instructior)s for exceptions and filing requirements for Form TO F 90-22.1 . b If 'Yes,' enter the name of the foreign country p. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 8 During 2001, did. you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust? If 'Yes,' you may have to file Form 3520. See instructions... ... ....... . ... .. .. , .. .. .. . , .... ..... .. '" .. . X for Paperwork Reduction Act N.otice, see Form 1040 instructions. FD1A0401 10101101 Schedule B (Form 1040) 2001 BAA ,""""',- - ., ~"~ .. Federal Information Worksheet . 2001 " ~ Keep for your records Part I - Personallnfonnation Spouse: First Name. Middle Initial Last Name . Social Security No. Occupation Date of Birth or Age as of 1/1/2002 . Daytime Phone. Suffix. . Taxpayer: First Name.. Grace Middle Initial L Suffix. Last Name. Cunn i ngham Social Security No. 196-38'3010 Occupation State Worker Date of Birth 11/09/1955 (mm/dd/yyyy) or Age as of 1/1/2002 ~ Daytime Phone. (717) 783-5049 Ex!... 228 Home Phone. (717) 732,2147 Check to print phone number on Form 1040 aHome Address. 3602 Beech Run Lane City. Meehan; csburg Foreign country . APO/FPO address, check it appropriate (mm/dd/yyyy) Ex!. D Taxpayer Daytime State. PA o Spouse Daytime Apt No. ZIP Code. 17050 . APO 0 FPO o [L Check if you may be eligible for certain tax relief because you were affected by the Terrorist Attack of September 11, 2001 (see Tax Help) . Tax Relief Advance Payment Enter the amount of tax relief advance payment for whIch you and your spouse (if married filing jointly) were eligible 500. Note: Do not reduce this amount if notified by the IRS that the payment was subiect to an offset to pay past due debt such as federal or state taxes, child support payments, student loans, etc.. Part II - Federal Filing Status Check the box for your federal filing status: 1 ~ Single 2 Married filing jOintly 3 Married filing separately Check this box if you did not live with your spouse at any time during the year Check this box if you are eligible to claim your spouse's exemption (see Help) . 4 I8J Head of housetlold If the 'qualifying person' is your child but not your dependent: Child's name 5 0 Qualitying wldow(er) Check the appropriate box for the year your spouse died. . Do you want $3 to go to the Presidential Election Campaign Fund? . ...=8 Child's social security number. .. .. Taxpayer. Soouse .. .. 1999 r- .......... .... "Yes ~ . ~Yes 2000 ' fo- No No Part III - Dependent/Earned Income Credit/Child and Dependent Care Credit Infonnation First Name MI Social Security Number Year C Not a U.S. Qualified E Lived with Qualified -------------- 1------------ of 0 citizen or child/dependent car~ I taxpayer for Last Name SuffiX Relationship birth d resident expenses incurred C in U.S. Education e alien and paid in 2001 : Credit l1.9li&.i~__ __ __ _ __ M 182-62-3030 . f.'- - - - - - - - - - - 0 Cunningham Daughter 1982 L 0 All ison L 186-66-6653 -------------- f.-- - - - - - - - - -- 0 Cunningham Daughter 1986 L 0 -------------- - -- ----------- 0 0 , -------------- - -- ---------~- n . n FDIY4912 11107101 -"'t:"",,,,!!...,,.,.~'I\~ If ~! ~.. Grace L Cunningham Infonnation fOr the Eametllncome Credit Only: . The que'suons below must be answered to calculate EIG. !s the taxpayer or spouse a qualifying child for EIC for another person? ........... . .. . . . . . . . . .. Yes Was the taxpayer's ((3nd spouse's if marrjed filing jointly) home in the United States for more than half of 20017. . . . .. Yes Check if you are filing head of household and your spouse is a nonresident alien and you lived with your spouse during the last six months of 2001 ....................................................................... Check if E1G was dis@llowed or reduced in a previous year and you are required to file Form 8862 this year Notified by the IRS that EIC camot be claimed In 2001 . . . . . . . . . . . .. . . . . . . . . . . I 196-3~-3010 Page 2 8 No 8 No . . . Part IV - Direct Deposit or Direct Debit Information 00 yau want to elect direct deposit of any federal tax refund? Do you want to elect direct debit of federal balance due (Electronic Filing only)? . if you selected. either of the options above, fill out the information below: Name oftinanciallnstltution (opllonal) . . PA State Employees Check the appropriate box . ... Checking 0 Savings IKl Routing number . · 231381116 Account number Enter the following infonnation only if you are requesting direct debit of balance due: Enter the payment delte to withdraw from the account above ... Balance.due amount from this return . . . . . . . , . . . No . Credit Union . 1196383010 . ............. Part V - Standard Deductionlltemized Oeductions Check thiS box if you are itemizing for state tax or other purposes even though your itemized deductions are less than your standard deduction . Check this box if you are married filing separately and your spouse itemized deductions. Check this box to take the standard deduction even if less than itemized deductions ..........:~ ... D Taxpayer Inform.tion: C8n someone (such 13.S your parent) claim you as a dependent? If so, are you actually claimed as a dependent on that person's tax return? Do you qualify as disilbled for Schedule R? See Help Check if taxpayer is legally blind. If decedent's return, enter taxpayer's date of death . . ................ .~Yes ~NO . . . . . . . . . . _ . . . . . . . .... Yes No . . . . , . . . . .. . . . . . . .... Yes No ........................ ... . . . . . . . (mm/dd/yyyy) Spouse Infonnation: C8n someone (such as your parent) claim you as a dependent? If so, is spouse actually claimed as a dependent on that person's tax return? Do you qualify as dls~bied for Schedule R? See Help . Check if spouse is legally blind If de:::edent's return, enter spouse's date of death . ... ............... ..~Yes ~NO . . . . . . . .. . . . , . . . .... Yes No . . . . .. . . . . . . . .... Yes No ............. ... . . . · (mm/dd/yyyy) Part VI- Other Information for Your Tax Return Third Party Designee: Do you want to allow another person to discuss this return with the IRS? If Yes, complete the following: Third party designee name Thtrd party designee phone number. . DYes DNo . . Personal identification number . . Check this box to calculate Form 1040 even if you qualify to use Form 1040A or 1040EZ, Check this box if you are a dual.status alien Do you or your spouse qualify for the special passive activity rules for taxpayers in real property business? (see Help) .. ............ ........... ........... ........ ................................... ... :8 ...... ... .... DYes DNo Excludable income of bona fide residents of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands .....,.,......,...., Excludable income from Puerto Rico . . . Foreign Tax Credit (Form 1116): Check this box to file Form 1116 even if you're not required to file Form 1116 Resident country . .[g] ....... USA FDlY4912 10/15/01 'j't>N\Wl''''_" ~~ ,-~ ~ Grace L Cunningham Part'\1lt - State Finng Infonnation 196138-3010 'Page 3 Enter your state of residence as of December 31, 2001 Check the appropriate box: Resident entire year Resident part of year. Date you established residence in state above. In which state (or foreign country) did you reside before this change? If you Jive in one of the New York counties as indicated in Help, check this box. PA ,... :Ej ~ ...po. ...~D FDIY4912 11/08101 , I )".,,""'-- " ,- Form 1040 or1040A Line 40 or 26 Capital Gain Tax Worksheet .. Keep for your records 2001 , Name(s) Shown on Return Social SecUrity Number Grace L Cunningham 196-38-'(3010 1 Enter the amount from Form 104011040A, line 39125. 1 31,071, 2 Enter the amount from Form 1 04011 040A, iine 13110. 2 20. 3 Subtract iine 2 from iine 1, If zero or less. enter ,0, . . 3 31,051. 4 Figure the tax on the amount on iine 3, Use the Tax T abie or Tax Rate Schedules, whichever appiies. Form 1040A filers use Tax Tables. 4 4,661. 5 Enter the smaller of: . The amount on iine 1 or } · $27,050 if single; $45,200 if married fiiing jointly or quaiifying widow(er); 5 31,071, $22,600 if married filing separately; or $36,250 if head of household, 6 is the amount on iine 3 equal to or more than the amount on iine 5? @ Yes, Leave lines 6 through 8 blank; go to iine 9. X No. Enter the amount from iine 3 ................ 6 31,051. 7 Subract iine 6 from line 5 . 7 20, 8 Multiply iine 7 by 10% (.10) . . . . . . . . . . . ..... 8 2. 9 Are the amounts on lines 2 and 7 the same? []] Yes, Leave lines 9 through 12 blank; go to line 13. D No, Enter the smaller of iine 1 or iine 2 . . 9 10 Enter the amount, if any, from line 7 ... 10 11 Subtract line 10 from iine 9, If zero or less, enter -0- 11 12 Multiply line 11 by 20% (.20) . . . . . . . . . . ...... 12 13 Add lines 4,8, and 12 .. ',., 13 4,663, 14 Figure the tax on the amount on line 1, Use the Tax Table or Tax Rate Schedules, whichever applies, Form 1040A filers use Tax Tables. 14 4,661, 15 Tax on all taxable income Oncluding capital gain distributions). Enter the smaller of line 13 or iine 14 here and on Form 104011040A, line 40/26.. 15 . 4,661. ;-""~. 'I' " - -, I " Tax Payments Worksheet ~ Keep for your records 2001 " . .' Name(s) Shown on Return Grace L Cunningham Social Se~urity Number 196- 38\- 3010 Estimated Tax Payments for 2001 (If more than 4 payments for any state or locali~, see Tax Help) Federal State Local Date Amount Date Amount 10 Date Amount 10 1 04/16/01 04/16/01 04/16/01 - . 2 06/15/01 06/15/01 06/15/01 - 3 09/24/01 09/17/01 09/17/01 4 01/15/02 01/15/02 01/15/02 - 5 a b c d Total Estimated Payments. . Tax Payments Other Than Withholding Federal State 10 Local 10 (If mulbple states, see Tax Help) 6 Overpayments applied to 2001 . . 7 Credited by estates and trusts 8 Totals Lines 1 through 7 . .. .-,'-', ',~ ., 9 2001 extensions .' Taxes Withheld From: Federal State Local 10 FormsW,2. 6,062, 1,469. 525, 11 Forms W-2G . 12 Forms 1099-R 13 Forms 1099-MISC and 1099-G . ~ill 14 Schedules K-l . >., 15 Forms 1099-INT, DIV and OlD. 'i. ." ,. c. 16 Social Security and Railroad Benefits . ';:" > .-.:.- . :::') " ",,-,~<-, '," -," . . 17 Form 1099-8 . St Lac - - 18a Other withholding . St Lac - - b Other withholding St Lac - - c Other withholding St Lac 19 Total Withholding Lines 10 through 18c.. - 6,062, 1,469, 525, 20 Total Tax Payments for 2001 . 6,062. 1,469, 525. Prior Year Taxes Paid In 2001 State 10 Lo~al 10 (If multiple states or iocalities, see Tax Help) 21 Tax paid with 2000 extensions.. 22 2000 estimated tax paid after 12/31/00 .. 23 Balance due paid with 2000 return 24 Other (amended returns, installment payments, etc) '. ;~- ~ r -=~ " ~""" - . >, " " Form 1040 Line 24 Student Loan Interest Deduction Worksheet .. Keep for your records 2001 : Name(s) Shown on Return Social Se~urity Number Grace L Cunningham 196-38POlO ! 1 Enter the total interest you paid in 2001 on qualified student loans (see Form 1040 instructions), Do not include interest that was required to be paid after the first 60 months. . 1 2 Enter the smaller of line 1 or $2,500 . 2 3 Modified AGI . ........ ..... . . . . . . ........ 3 Note: If line 3 is $55,000 or more if single, head of househoid, or qualifying widow(er) or $75,000 or more if married filing jointly, stop here. You cannot take the deduction. 4 Enter: $40,000 if single, head of household, or qualifying widow(er); $60,000 if married filing jointly. .... 4 5 Subtract line 4 from line 3. If zero or less, enter -0- here and on line 7, skip line 6, and go on to iine 8 5 6 Divide line 5 by $15,000. Enter the result as a decimal (rounded to at least three places) . 6 7 Multipiy lme 2 by line 6 . 7 8 Student loan interest deduction, Subtract line 7 trom line 2. Enter the result here and on Form 1040, line 24. 00 not include this amount in figuring any other deduction on your return (such as on Schedule A, C, E, etc.) . 8 . Modified AGI is the amount from Form 1040, line 22, increased by any excludable income !from Puerto Rico, or of bona fide residents of American Samoa, Guam, or the Commonwealth of the Nqrthem Mariana Islands, and foreign earned incomelhousing exclusion, and decreased by amoun$ on Form 1040, lines 23, and 25 through 31a, and any write-in amount next to line 32. ~, - ,~ " . " .. Federal Carryover Worksheet .. Keep for your records 2001 Name(s) Shown on Return Social Security Number Grace L Cunningham 196-38c3010 Tax and Income Infonnation 2000 2001 1 Fi Ii ng status ... ......... 1 4 HH - 2 Number of exemptions for blind or over 65 (0 - 4) 2 3 Itemized deductions after limitation ... .. 3 '.~ 4 Check box if required to itemize deductions. . . . . . . . . . . . . . . . . . 4 ---0- 5 Adjusted gross income. ..... ...... .. 5 50,452, 6 Tax liability for Form 2210 or Form 2210-F. .............. 6 4 ,061. 7 Alternative minimum tax. .... ......... ....... 7 8 Federal overpayment applied to next year estimated tax. 8 9 a State taxes paid with extension.. . .. St ID . 9a -- b State estimates paid after 12/31 .... StID. b -- 10 a Local taxes paid with extension. . . . . Lac ID lOa -- b Local estimates paid after 12131 .... Lac ID b -- ".,-,'. - .,;,..'..'.. 11 Reserved for future use . 11 ." " :(.,'.---.':;--_.. i ,,, IRA Information 2000 2001 12a Basis of Taxpayer's IRA(s) as of 12/31 . 12a b Basis of Spouse's IRA(s) as of 12/31 b 13a Taxpayer's excess IRA contributions as of 12/31 . .... 13a b Spouse's excess IRA contributions as of 12/31 ............ b . 14a Taxpayer's excess MSA contributions as of 12/31 . 14a b Spouse's excess MSA contributions as of 12/31 b 15 a Taxpayer's excess Roth IRA contributions as of 12/31 15a b Spouse's excess Roth IRA contributions as of 12/31 ...... b 16a Excess contributions to taxpayer's Coverdell ESA (Ed IRA) .. 16a b Excess contributions to spouse's Coverdell ESA (Ed IRA) . b Loss and Expense Carryovers 2000 2001 17 Short-term capital loss.. 17 18 Long-term capital loss 18 19a Net operating loss available to carry forward. . 19a b AMT Net operating loss available to carry forward. ......... b 20a Investment interest expense disallowed. 20a b AMT Investment interest expense disallowed b 21 Nonrecaptured net Section 1231 losses from: a 2001 21 a :,~t~:~3;~ ';'-<; ::":;';""".- ;-;.-,;)' b 2000. b c 1999. c d 1998. d . e 1997. e f 1996 .. f .. 22 Reserved for future use . 22 -,~. ,-..,,;.., v,.~._,. 'J;-',\... c..;" . ";/7,::<,;~'~~' ,I;:, -., _.,'., 0.1.....- , ~_~ . r- "', ,. " ~~ .. I, .. Tax Summary .. Keep for your records 2001 Name (s) SSN Grace L Cunningham 196-38dL3010 Total income. ...... 5 ,452, Adjustments to income . Adjusted gross income . 5d,452, Itemized/standard deduction . 1~, 681. Personal exemptions ,700, Taxable income. . . ............... 311,071, Tentative tax . ... ................ ~, 66!. Additi onal taxes . .. Alternative minimum tax . Total credits . ...... 600. Other taxes . ........ ....... Total tax ~ Total payments . 6,062, Estimated tax penalty . Refund . 21,001, Balance due O. Which Form 1040 to file? You must use Form 1040 because you are itemizing deductions, I~ '" . '\ I ,. . 1 . . . III . GRACE L CUNNINGHAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSyrl VANIA , v, : CIVIL ACTION - LAW : NO, 00-6208 CIVIL TERM CHARLES E. CUNNINGHAM, Defendant : IN DIVORCE CERTIFICATION OF SERVICE I hereby certifY that I am this day serving a true and correct copy of the ~ttached Pretrial Statement of Plaintiff, Grace L Cunningham, on the following individual by Fitst Class U.S. Mail addressed as follows: Dated: Barbara Sumple-Sullivan, Esquire 540 Bridge Street New Cumber ra rman, Esquire I, 0, 047 26 Locust Street p, 0, Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff ?l.I~~., ". '-" ,. , c_T'" _"" '.t,..." ,-'.'. ~. -f. '''.,__~'._~__". ""'U _, ,<.. r~__ . ." ,0 j JAY R. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET P. 0. BOX 11489 HARRISBURG, PENNSYLVANIA 17108-1489 Rose AIm Fritz Legal Assistant (717) 232-6600 TELEFAX (717) 238-3816 July 24, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pa 17013 RE: Cunningham v. Cunningham Docket No. 00-6208/Cumberland County Dear Mr, Elicker: Enclosed please find the Discovery Certification in the above-captioned matter. JRB/raf Enclosure cc~ Grace Cunningham , .-" n,', '0-'- ,-")' "..' -r" ," .- ~'-- 71 ~/&J1Z- GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY, 'PENNSYLVANIA vs. NO. 00 - 6208 CIVIL CHARLES E. CUNNINGHAM, Defendant IN DIVORCE TO: Jay R. Braderman , Attorney for Plaintiff Barbara Sumple-Sullivan , Attorney for Defendant DATE: Wednesday, July 17, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ,". I . ~"_. (b) Provide approximate date when discovery will be complete and indicate what action is being \taken to complete discovery. .y NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COPNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BO~ COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRE!SENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETR~AL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. :1 ~'_" - -, -- '~-"" ,'" '. VI u GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO, 00 - 6208 CIVIL CHARLES E. CUNNINGHAM, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Jay R. Braderman Grace L. Cunningham , Counsel for Plaintiff , Plaintiff Barbara Sumple-Sullivan Charles E. Cunningham , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 12th day of November 2002, 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: November 3, 2002 E. Robert Elicker, II Divorce Master 0' j, " ~ ~ , " ,. ~ ". "'; r .- LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 October 24,2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Cunningham v. Cunningham Docket No. 00-6208/ Cumberland County Dear Divorce Master Elicker: This letter will confirm the time change ofthe November 1, 2002 at 9:30 A.M. pre-hearing conference in the above captioned matter. The pre-hearing conference in this matter will start at 2:30 P.M. on November 1, 2002. This new time has been confirmed with Attorney Braderman. Thank you for your consideration in this matter. / ,./ / / I Barbara Sumple-Sullivan BSS/ld cc: Jay R. Braderman, Esquire Mr. Charles E. Cunningham "..-,. "'-"- ,nO' ,- ., ~'''f -~ ~- '1 '.'C ' . n"," ~ - '.-, - I _' _ @, ",-,",=,_,_",. __ ,_~, , GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS OF , CUMBERLAND COUNTY, 'PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 6208 CIVIL CHARLES E. CUNNINGHAM,' Defendant IN DIVORCE NOTICE OF PRE HEARING CONFERENCE TO: Jay R, Braderrnan , Attorney for Plaintiff Barbara Sumple-Sullivan , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Ha~over Street, Carlisle, Pennsylvania, on the 1st day of Nove~er 2002, at 9:30 a.m., at which time we will review the pre-!trial statements previously filed by counsel, define i!ssues, identi fy wi tnesses, explore the possibility of siet tlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/3/02 E. Robert Elicker, II . ' Dlvorce Ma!3ter ,--'/. 'I OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci dO Colyer Office MaMger/Reporter West Shore 697-0371 Ext.6535 July 26, 2002 Jay R. Braderman, Esquire 126 Locust Street P,O, Box 11489 Harris burg, PAl 7108-1489 Barbara Sumple-SUllivan Attorney at Law 549 Bridge Street New Cumberland, PA 17070 RE: Grace L. Cunningham vs. Charles E. Cunningham No. 00 - 6208 Civil In Divorce Dear Mr. Braderman and Ms. Sumple-Sullivan: Both counsel have certified that discovery is compiete, Therefore, we are in a position to proceed with a pretrial statement directive. A divorce complaint was filed on September 11, 2000, r~sing grounds for divorce of irretrievable breakdown of the marriag~, The complaint also averred that the parties separated on Novembdr 17,1999, a period in excess of two years. A claim was raised for equitable distribution. No claims have been raised for alimony or counsel fees and costs. In accordance with P,R.C.P, 1920.33(b) I am directing e~ch counsel to file a pretrial statement on or before Friday, August 16,2002. Upon receipt of the pretrial statement, I will immediately schedule a pre- ~,'-",' """".'-' ,~~,"-,,,,,",",,,~, -." ------'1' __r"",. - '~'<""-'''-' _"~co"~ - ", ,0,' ,. ,.J'~r."'!_~__, ~, ,-, - Mr. Braderman and Ms. Sumple-Sullivan, Attorneys at Law 26 July 2002 Page 2 hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing, Very truly yours, E, Robert Elicker, II Divorce Master NOTE; Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920,33, THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING COUNSEL, FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED, '" i ;r LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 July 22, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Cunningham v. Cunningham Docket No. 00-6208/ Cumberland County Dear Divorce Master Elicker: Enclosed please find the Discovery Certification in the above captionedimatter. ~ . Barbara Sumple-Sulhvan BSS/vs Enclosures Cc: Mr, Jay R. Braderman, Esq. Mr. Charles E. Cunningham '"~ . " .'" -~~ .''''~<,. "-,~'--~-",' "'~-T'" ',"" - ,. ,-"-" ~ ,,~ "- "-. J -e. _,_, ~/}-q4)nt-- GRACE L. CUNNINGHAM, plaintiff IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6208 CIVIL CHARLES E. CUNNINGHAM, Defendant IN DIVORCE TO: Jay R. Braderman , Attorney for Plaintiff Barbara Sumple-Sullivan , Attorney for Defendant DATE: Wednesday, July 17, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. I "_d _,_"_ . e , '-~' (b) Provide approximate date when discovery wilt be complete and indicate what action is being Faken to complete discovery. (Ji? / ~ DATE PLAINTIFF ( ) DEFENDANT (LJ..- NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. , .. ,~ ",- ~'i' . , I , I~ THE COURT OF COMMON ~LEAS OF CUMBERLAND COUNTY, PENN$YI:vANIA GRACE L. CUNNINGHAM, P~ain'Ciff vs. CKWES E. CUNNINGHAM, ~O, 00-6208 19 Charles E. Cunningham )lOTION :;OR AP?ODl~T OF )1....ST:SR ~ (~efencant), moves the c~ur~ to appoint follo~-ng claims: a ~ster with =espect to the (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (X) ( ) ( ) ) Distribution or ?=oper~y Support Counsel E'ees Costs a..~d =:"'~e!l..ses and in suppor~ or ~he motion states: (1) Discovery is complete as to the claims(s) for .hich the appoin:ment of a master is requested. (2) The Plaintiff (has) ~) appeared in' (by hti att:oney, Jay' ,R 'Rr;:::u't:lrm~n RC:::(Jlli TP (3) The staturory ground(s) for divorce (is) the action (personally) ,Esquire) . (are) Irreconcilable differences (4) Delete the inapplicable paragraph(s): (a) T5e ~etiea is a~t Qeate~-eQ. (b) .Ua a;re~eBa sas aees =eaeaea ~iat =~g~ea~ -~ :~e :e::en~~ _:ao- . (c) The action is. contested ~i~h =espect ~o ~~e :ollo~ing clai::ls: Equitable Distribution (5) The action ~) (does not L~volve) complex issues or law Alm ~owr1u. lu.J I is appoin~ed "'la~~J' with for~ (Derendant) ORDER AP?OINTING :L"-ST:SR Barbara sumP~;ullivan, respe~~;e :ofi.o~!:b~~ (ciays) . or fact. None (6) The hearing is e..-q>ec ::ed to take (7) Additional information, if any. o'Cion: Z5 , 2002 Esquire .:.sqU.l.!'e, By p.J ...... "I"" ,= _ .,,", 1< , ~~ -'. ~""a.o.lb.~~""'"'~-=.llt ~- \..tJ ~ b:: 0':; ..( =:5<r. ~;: N 0 0-- wJ ~".J' CJZ ~~.. "C . ..~ <'- .:,)3 -,~" )<.:: c:> 3~ t2\~= - ~-~ -jv. ::3 w u:::t 0) t--- -, :;:;i u.- N 3 0 0 "....,""'....""'" ~> ww lil<>lliiil!.~I""lit<!iil". ,~. .,~,~'" ~ . . ,... ""L, FILED-OfFICE 0- 'f' .,' -"'('\1" ,~, '(T"ny .t. ,:-t\,~_ j" ~<, ) , ti', )j\ ,) lin 02 JUL I I M110: 3 ! CUMBEHlJ\ilD COUI'-l!Y PENNSYLVANIA - " .......' ;...>. ,,-,--,' .~ "j " i i I i . (j GRACE L CUNNINGHAM, : IN THE COURT OF COMMON PLF1AS Plaintiff : CUMBERLAND COUNTY, PENNSfL VANIA v, : CIVIL ACTION - LAW : NO, 00-6208 CIVIL TERM CHARLES E. CUNNINGHAM, Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL / ENTRY OF APPEAR1NCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney for Grace L Cunningham in the above- captioned matter. Date: ;1,6 1t1AJ 0 I Respectfull , ! ~ Ifh- Bruce F, Bratton, Esquir~ Attorney ID, No, 23949 2515 North Front Street Harrisburg, P A 17110 Please enter my appearance as attorney for Grace L Cunninhgam in th~ above-captioned matter. Date: ~ ~~ ,~ " '~'-' I !'--"-~ -".-' _C_, ~ " 'I' J,," ~."', --..,. -_. " n 0 C) C ., s:: ",. -0 fJJ .'0 '3} mpi :;;.:.;1 r'- :Z~'G N ~:~_~ ;~3 :zc ~:2: -.J '::~O [.;20 v '-,- -r, ~8 ::~ c-j :Q --7_( J l)? krn )>c ~ ~ a::- ~ ro j-l li f-i f! [-j (, [! 'I II I: Ii ii' , ~" " H ~ i " h ~'l'!l l!iiM~l1!!1!'!~i,<til!M!i~~~"~W'lW~~"~\I';'#1l1Xj_~{--'f"'~''''''~;f~~''':'~~~!~;j""'!j;.\"""~'~~~<i.t('l'~~~)Ji~~lIljffli"'i~~_;~ JAY R. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET p, O. BOX 11489 HARRlSBURG, PENNSYL VANIA 17108-1489 Rose Ann Fritz Legal Assistant (717) 232-6600 TELEFAX (717) 238-3816 August 13, 2002 E. Robert Elicker, II, Esquire Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, P A 17013 Attention: Traci Jo Colyer RE: Cunningham v. Cunningham Doc,ket No. 00-6208- Civil/Cumberland County Dear Mr, Elicker: With regard to the above, your letter of July 26, 2002 directed. t1J.at a pretrial statement was due from counsel on or before Friday, August 16,2002, Ms, Sumple-Sullivan and myself have been in constant communication attempting to settle this matter and there is always a chance that we may be able to do so, Ms, Sumple-Sullivan, however, is away on vacation this week and part of next week and thus our settlement negotiations are temporarily interrupted, Ms, Sumple-Sullivan suggested that I request of you, as the Master, a two week extension on which to file pretrial statements and request that they be due August 30, 2002 as opposed to August 16,2002. Ms, Sumple-Sullivanjoins in this request and hopefully when she returns from her vacation and our negotiations recommence, that a settlement may ensue. If settlement is not consummated, we then respectfully request that approval be given for us to file our pretrial statements on or before August 30, 2002. JRB/raf cc: . 'Barbara Sump Ie-Sullivan, Esquire Grace L Cunningham - - . ,---.-.,- ,.' ,.",~, - ., ~ " T.=--- ".' LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070.1931 PHONE (717) 774-1445 F~(717)774-7059 August 30, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 170 \3 Re: Cunningham v. Cunningham Docket No. 00-62081 Cumberland County Dear Divorce Master Elicker: Enclosed is the Defendant's Pre-Trial Statement in the above captioned matter. Thank you for your consideration, Barbara Sumple-Sullivan BSS/ld Enclosure cc; Jay R Braderman, Esquire (w/encl) Mr. Charles E. Cunningham (w/encl) " ''''--~'"'':-~-,~- '"' ,'",-'~, "~, , [- ,., .--; ~ _r _ ,....-..c. ",__" ,",_" ,,' JAYR. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET P. 0. BOX 11489 HARRISBURG, PENNSYLVANIA 17108-1489 Rose Ann Fritz Legal Assistant (717) 232-6600 TELEFAX (717) 238-3816 August 28, 2002 E. Robert Elicker, II, Esquire Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, P A 17013 RE: Cunningham v. Cunningham Docket No. 00-6208- Civil/Cumberland County/ln Divorce Dear Mr. Elicker: Enclosed please find Pre-Trial Statement of Grace 1. Cunningham. I am: sending a copy of the same to Barbara Sumple-Sullivan, Esquire, attorney for Charles E. CunniJIJ.gham. I look forward to hearing from you, JRB/raf cc: Barbara Sumple-Sullivan, Esquire Grace 1. Cunningham ,..Y,,-', _~~,_ "' ",,' -.",,'''' ", "-'~ "'~"I .-'",,,~-, ~--,~~, LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1981 PHONE (717) 774-1445 FAX (717) 774.7059 November 18,2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Cunningham v. Cunningham Docket No. 00-6208 / Cumberland County Dear Mr, Elicker: The Transcript of the agreement is acceptable and neither my dient nor I have any chailges, Barbara Sumple-Sullivan BSS/ld cc: Jay R. Braderman, Esquire Mr.CharlesE.Cumllnghmn -- '"~, ,~"- "~- -"~,'--/y,."-,,". "--,-",,-'- ., f"-''-'" - .n' -, -, JAY R. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET P. 0, BOX 11489 HARRISBURG, PENNSYLVANIA 17108-1489 Rose Ann Fritz Legal Assistant (717) 232-6600 TELEFAX (717) 238-3816 November 19, 2002 E. Robert Elicker, II, Esquire Divorce Master Cwnberland County Court of Common Pleas 9 North Hanover Street Carlisle, P A 17013 RE: Cunningham v. Cunningham Docket No. 00-6208- Civil/Cumberland County/In Divorce Dear Mr, Elicker: We have reviewed the transcript of the agreement and it is acceptable and neither my client nor I have any changes, JRB/raf cc: Barbara Swnple-Sullivan, Esquire Grace L Cunningham ly yours, , raderman :ljm - -, F"",,^_-'~_ - ',,". - , ~ r' 0 d, GRACE L. CUNNINGHAM, Plaintiff IN THE COURT OF COMMoN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 00 - 6208 CIVIL CHARLES E, CUNNINGHAM, Defendant IN DIVORCE ORDER OF COURT AND NOW, this Lj'/11 day of ~ fU!.P~ 2002, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on November 11, 2002, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, /J'C f- ,. " llio G ,J. cc: ;Jay R. Braderman Attorney for Plaintiff ;> !!.17J,J RXS / J.. -Jf-Od. /Barbara Sumple-Sullivan Attorney for Defendant --.f- ' '.. I'":""'. ,. '. -, ~ ,'".~.. ,- .-~"' -;..~", . ~. "-~- , I ,.n. ~ -''"~'''''~!illI!i~m:J~Hii!IIi~~J;f~~ili''-''~' mU.Kt.ll!ii - III II.:: n ::1 ,}.J -,j ~tj Wi Ii ! 11 !1-1 I' ;1 lei 11 11 11 Ii II Ii .I 1"'; t' \1 : -)1 I I ~iLF~}-Cf+lCE OF ~~',',~:T-,'~Y'~OTARY 02 DE" -4 PI"! 2: !:; I _ .. t... ..... ~ CUMt3L:iiLAi\i) COUNTY PEi\{NSYL:jpNiA .~ "." . .' GRACE L, CUNNINGHAM, Plaintiff IN THE COURT OF COMM~N PLEAS OF CUMBERLAND COUNTY, pBNNSYLVANIA Vs, NO. 00 - 6208 CIVIL CHARLES E, CUNNINGHAM, Defendant IN DIVORCE THE MASTER: Today is Tuesday, November 12, 2002. This is the date set for a conference with counsel and the parties, Present in the hearing room are the Plaintiff, Grace L. Cunningham, and her attorney Jay R. Braderman, and the Defendant, Charles E. Cunning~am, and his attorney Barbara Sumple-Sullivan, The divorce complaint was filed on September 11, 2000, raising grounds for divorce of irretrievable breakdown of the marriage, The complaint also raised the economic claim of equitable distribution. No c~aims have been raised by either party for alimony or counsel fees and costs. The Master has been provided affioavits of consent and waivers of notice of intention to re~uest entry of divorce decree signed and dated today by both parties so that the divorce can conclude under Section 3301i(c) of the Domestic Relations Code, The Master's office will file the affidavits and waivers with the Prothonotary, The parties were married on April 8, 1978, and separated January 17, 2000. They are the parents of 1 11'lR-~ _ '-, ,'~:''''",,_, _ ~"' ,~_,,",O,v," ' 1-- . ~ " ~-- " " . two children, an emancipated child and a minor child who resides with the wife. The Master has been advised that after negotiations today, the parties have reached an figreement with respect to the equitable distribution claim! raised in the complaint. , An agreement is going to be plaped on the record with respect to the economic issue of equ~table distribution. The agreement as stated on the r~cord will be considered the substantive agreement of the p~rties not subject to any changes or modifications except fpr correction of typographical errors which may be ~ade during the transcription. The agreement is going to b~ transcribed and counsel and the parties will hav~ an opportunity to make correction of typographical errors but are bound by the substantive terms of the agreem~nt when they leave the hearing room today. Upon receipti by the Master of a completed agreement, the Master will prepare an order vacating his appointment so that counsel c~n file a praecipe transmitting the record to the Court requesting a final decree in divorce. Should the parties fail to sign t~e agreement when they leave the hearing room today, nevertheless, they will bound by the terms of th~ agreement and the signatures of the parties subsequent to the statement of the agreement on the record are simply an 2 j~41kl -' ~, - 1'-'0 ." ,'-~,,- - - --, affirmation by the parties of the agreement as s~ated on the record and are not required to bind the part!ies to the terms of settlement. Ms. Sumple-Sullivan. MS. SUMPLE-SULLIVAN: 1. The parties own real estate located at 3602 Beech Run Road, Mechanicsburg, Pennsylvania, The real estate has an approximate value of $165,000.00. There is a joiint obligation in the form of a mortgage due and owipg to PSECU in the amount of $75,421.00. The parties agree, that wife shall become the sole owner of the marital resid~nce. Wife shall refinance the joint obligation due an~ owing to PSECU in the amount of $75,421.00 within 45 days: of the date of this agreement. Upon successful refinance of that mortgage obligation and payment to husband of the cash a~bunt of $23,000,00~ husband shall sign the deednecessar~ to transfer and relinquish all his interest in that. real estate to wife. Husband shall agree to sign a deed prior to the refinance, which deed shall be held in eslcrow by counsel for husband and a copy of said deed shal!l be released to the mortgage company to assist wife:in her refinancing, Counsel for husband shall release the original deed as part of the refinance process when he receives the $23,000.00 and PSECU is in fact sat!isfied, Counsel for wife shall prepare the deed and tran!smit it to counsel for husband for signature, ' 2. The parties jointly owned two vehicles, a 1!995 Pontiac I Bonneville and a 1994 Lincoln Continental. Neither of those cars are presently encumbered by any loan. Husband shall have sole ownership of the 1995 Pontiac Bopneville; wife shall have sole ownership of the 1994 Linco~n Continental. The parties agree to cooperate to ~xecute all documents necessary to transfer sole ownership abd title of those vehicles to the respective parties. 3, At the time of separation, the parties had certain savings and checking accounts. Those accounts have been divided to the mutual satisfaction of the parties. There are presently no other joint checking or savings accounts between the parties, 4, The parties have two accounts for the bene~it of their children, an Oppenheimer fund of approxima~ely 3 $17,096.00 and a Templeton Foreign fund of $3,159.00, The parties indicated that these sums shall not be deemed to be marital and shall be used for the sole benefit of their children's college education. Wife shall be designated as the sole owner of those accounts to be used for the benefit of the children and husband agrees to sign any documents necessary to transfer those accounts for administration to wife, 5. Husband has a certain retirement account through TlAA/cREF which account has a current value as of November 11, 2002, of $163,424.00. Said TlAA/CREF account shall become the sole and separate property of husband and wife waives any future claim to said account. 6. Wife additionally has a retirement account through the Pennsylvania State Employees' Retirement System, Husband agrees that all benefits earned through the Pennsylvania State Employees' Retirement System of wife shall be wife's sole and separate property and husband waives any and all claims to that retirement benefit or account including any survivor annuity value that may be attributed to that account. The valuation of wife's pension as completed on November 6, 2002, is $145,435.00 per valuation by Harry M. Leister of Conrad M, Siegel, Inc, 7. Additionally, the parties had acquired certain savings bonds during the course of the marriage, These savings bonds had a value of approximately $11,000.00. Said savings bonds shall be the sole and separate property of wife and husband waives any claims to said savings bonds, 8, During the course of the marriage, the parties also acquired a time-share at the Sheraton Vistana in Orlando, Florida. Said time-share interest shall be the sole and separate property of husband. Wife releases any claims of ownership to that time-share and shall cooperate with husband to execute all documents necessary to tr~nsfer sole ownership of the time-share to husband. 9. As referenced above, wife shall also be obligated to pay the cash amount of $23,000.00 to husband. The sum of $23,000.00 shall be due within 45 days of the date of this agreement. 10. The parties have also divided all personal and household items, All items in the possession of husband shall be the sole and separate property of husband. All items in the possession of wife shall be the sole and separate property of wife with the exception of the 4 -~. ., h p -, following items that are located in the home and, which husband agrees to remove as his separate property within sixty (60) days of the date of this agreement. ~hese additional items to be removed from the home inc~ude a canoe with an electric motor, a roll-top desk, tpe tool cabinet, the cooper boiler, the Niagara Falls picture, the oak barrel, the bookshelf, and oak mantel. 11. The parties affirm that with the exception pf the mortgage, there are no outstanding marital debts, or obligations existing between them, 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and ea~h party hereby waives and relinquishes any and all right~ he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marit~l relationship including without limitation, statu~ory allowance, widow's allowance, right of intestacy;, right to take against the will of the other, and right to: act as administrator or executor in the other's estate.; Each will at the request of the other execute, acknowledge" and deliver any and all instruments which may be nec~ssary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and! claims, MR, BRADERMAN: Ms. Cunningham, you've heard the statement of the agreement between the parties. Do you understand everything that has been stated by Ms. Sumple-Sullivan? MS, CUNNINGHAM: Yes, MR. BRADERMAN: Do you agree with what is proposed to be the agreement between the parties? MS. CUNNINGHAM: Yes, I do. MR. BRADERMAN: Do you accept this as the final resolution of the agreement? MS. CUNNINGHAM: Yes, sir. 5 ~ ~. '. ", I", ~""""; . C'-< MS. SUMPLE-SULLIVAN: Mr. Cunningham, you have been in the hearing room when I put the agreement of the parties on the record; is that correct? MR. CUNNINGHAM: Yes. MS. SUMPLE-SULLIVAN: And did you understand the terms of the agreement? !~R. CUNNINGHAM: Yes.' MS. SUMPLE-SULLIVAN: And are you accepting the terms of that agreement as your final resolution of all matters arising under this divorce? MR. CUNNINGHAM: I have a question, What about some of the other items that are at the house, such as photographs, those kinds of things? What happens with those items? (A discussion was held off the record.) MS, SUMPLE-SULLIVAN: Mr. Cunningham, you raised a question about personal property. We have had an off the record discussion at which point other items that would become your property were discussed. We are going to read that into the record. There was also an agreement that you would divide and come up with an assortment of family photos of your children and that that would be provided to you from Ms. Cunningham. Again, Mr, Braderman is going to describe the additional items that you will take. 6 .. r ~d MR. BRADERMAN: Beer making supplies, Christmas decorations, stairway spindles, boxes of old picture frames and pictures, photo enlarger and miscellaneous supplies, brown leather satchel, guitar, theater posters, T-shirts, Steeler's doll, assorted hats and clothing, wine skin, round trampoline, gymnastics mat, barrel that hOllses pennies, Steeler's trash can, black and white TV. THE MASTER: Now, you've heard the addition to the list that Mr, Braderman read on to the record, Mr. Cunningham, does that satisfactorily answer your question? MR. CUNNINGHAM: Yes, it does. THE MASTER: And are you satisfied now that the agreement is in a format that you can accept as a final settlement? MR. CUNNINGHAM: Yes. THE MASTER: Ms. Cunningham, you've heard the addition to the list of items t~at your husband is to receive from the house. Are you satisfied that those items can be added to the original list as stated? MS. CUNNINGHAM: Yes, I am. THE MASTER: Do you understand that when you leave here today, even though there is no signing of the agreement, you are bound by the terms of this agreement? MS. CUNNINGHAM: Yes. 7 --~ - ~ -. - . . .-1 THE MASTER: Mr, Cunningham, likewise, do you understand that even though you do not subsequently sign the agreement, that you are bound by the terms as stated on the record? MR. CUNNINGHAM: Yes, I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. DATE: Barbara Sumple-Sullivan Attorney for Defendant L ........ . ........ . ......... . ........ . ......... . ........ . ~:.:.:':':': ", "....:. ...... ........... ......... . ........ . ......... . ........ . ........ . ........ . ~I 8 ,;~~ ,., . . ,~ ,"-,-- . , ' ~~.