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HomeMy WebLinkAbout00-08114 I, '~ ,-C'-'N'>'-'"--- ,---,_C_',_ , " , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNA. STATE OF , LARRY G. BROTHERS, Plaintiff, No. CIVIL TERM 00-8114 , , , VERSUS BARBARA A. BROTHERS, , nP.fp.l1n~nt. DECREE IN DIVORCE AND NOW, 17 .;r I. 'Jf" f~ . 2003 , IT IS ORDERED AND June , LARRY G. BROTHERS , PLAINTIFF, DECREED THAT AND BARBARA A. BROTHERS , 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; AND IT IS FURTHER ORDERED AND DECREED, that the of a certain Separation and Property Settlement dated May 6, 2003, are hereby incorporate as though the same were set forth he n at , and conditions' between the parties ' by reference as fully Agreement shall not , with, but shall ATTEST: PROTHONOTARY , , _, ',,'J , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , J. , , , ~ I ,~ .,....,. ~ '<;)0 .. &3 t,.){). OJ ~~~ '~ ."~.~ I: ill , ~:;; f'f , A . ..' . .. CtvI-. Oi'l't ~~ -r~id ..~ '71~ ~4.t z) e:4 ~ .. ,"' .~,",.,,~ . :[,,'~'~ _, "",,_~~~'4-~,~"~'JWlr _" '__,'~"_ ~ 01;1" ~ -, " ..J ,~,-, "'-,,,,-." , _oM<. 1'::;; LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 8114 CIVIL BARBARA A. BROTHERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 3~ day of ~. the proceedings having 2003, the economic claims raised in been resolved in accordance with a separation and property settlement agreement dated May 6, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Paul J. Esposito Attorney for Plaintiff Samuel L. Andes Attorney for Defendant ~ ~ (...o~.03 ~. -~, ,,,~=~~. ~ "- . ~'_. '~,.~ -.~ -.. _,,' .,__ r ~' - ,.. ~_~, -,_ ,~.. l":;;t,~_- , - ~,~~ ,-- ~~~" ~"_". U~'~'_ _n n, '~,.\)~ 7to. C/O. ; //'1 CivJ -r:...... SEPARATION AND PROPERTY SETTLEMENT AGREEMENT TIllS AGREEMENT, made this to -I:E day of M ( , 2003, by and between BARBARA A. BROTHERS, (hereinafter referred to as "Wife") and LARRY G. BROTHERS, (hereinafter referred to as "Husband"). WITNESSEm: WHEREAS, the parties hereto are Husband and Wife, having been married on March 18, 1961, at York County, Pennsylvania; and , WHEREAS, the parties separated on or about October 25,2000; and WHEREAS, there are no minor children to the marriage; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between thern relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. _ c _ ~__, ,~~. , NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deern fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be j;- 2 ^ -~"'~".~- - '~-" ~ ^' ", ~n "~ __ _ ~- "~ o. - , --~'~-Yi responsible and shall indernnify and save Husband harmless from any and all claims or demands rnade against him by reason of debts or obligations incurred by her. 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts or obligations, which were jointly incurred by them during their marriage. 5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DISPOSITION OF REAL PROPERTY A. Marital Residence and Adjacent Lot. The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situate at 756 Old Quaker Road, Lewisberry, York County, Pennsylvania and an unirnproved lot of approximately 6.25 acres (hereinafter referred to 3 .~ ~~~.~" ,- "'~- "--,."~ .~.---- ."~ .. ,. -~ '"'-', as the "marital residence and adjacent lot"). The parties agree as follows with respect to the marital residence and adjacent lot: i. Husband shall become the sole and exclusive owner of the marital residence and adjacent lot and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest (including the fair rental value of the marital residence and adjacent lot, which may have accrued since the parties' separation) she may have in and to the marital residence and adjacent lot. Wife shall, contemporaneously with the signing of this Agreement, execute special warranty deeds conveying all of her right, title and interest in the marital residence and adjacent lot to Husband. Such deeds shall be held in escrow by Wife's counsel, pending the cornpletion of Husband's financing arrangements to which further reference is made in Paragraph 9 of this Agreement. ii. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the marital residence and adjacent lot shall be endorsed to reflect Husband 4 - ~"- ~' " -~~" - ,-' ,--,-, -. '.,;,' -,,~ ,,_ "_ ._' _, ~=_~ _ ~~ _~ ~w~~ ._ ,___ - ~'~;" as sole owner thereof and further agrees that Husband shall be entitled to receive any payrnents now or hereafter due under any such insurance policies. lll. Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the marital residence and adjacent lot since the date of the parties' separation. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney's fees which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the rnarital residence and adjacent lot. IV. Wife's waiver and relinquishment of her interest in the marital residence and adjacent lot shall not be effective until she has received from Husband the payment of $200,000.00 described in Paragraph 9 of this Agreement. B. 757 Potts Hill Road. Lewisben:y. York County. Pennsylvania. The parties acknowledge that Husband is a titled owner of that certain building and lot and all improvements thereupon situate at 757 Potts Hill Road, Lewisberry, York County, Pennsylvania. Wife hereby waives, relinquishes and releases any and all past, present or i:- 5 '. --- ~ ,-- -- --~ -. future right, title, claim or interest she may have in and to said property by virtue of the parties' marriage or otherwise. Wife shall contemporaneously with the signing of this Agreement execute a quitclaim deed evidencing her waiver, relinquishment and release of any and all right, title or interest she rnay have in said property. Notwithstanding the foregoing, Wife's waiver and relinquishment of her interest in said property shall not be effective until she has received from Husband the payment of $200,000.00 described in Paragraph 9 of this Agreement. 7. DIVISION OF ASSETS Husband hereby assigns, conveys and transfers all of his right, title and interest in and to any and all furniture, furnishings, household equipment and appliances, pictures, works of art, books, jewelry and any other items of tangible personal property of whatever nature that are presently in the possession of Wife and those items which appear on Schedule A, which is attached hereto and made a part hereof, with the exception of the Cherry Dining Room Suite and Coins and Stamps, which shall be the sole and exclusive property of Husband. In addition, Wife shall be the sole and exclusive owner of her Public School Employees Retirement System Account, Nationwide SEP IRA, and 1995 Ford Explorer. Wife hereby assigns, conveys and transfers all of her right, title and interest in and to any and all furniture, furnishings, household equipment and appliances, pictures, 6 .--- 'i~ti' works of art, books, jewelry, fIreanns and any other items of tangible personal property of whatever nature that are presently in the possession of Husband with the exception of those items which appear on Schedule A. The aforesaid items shall constitute the sole and exclusive property of Husband. In addition, Husband shall be the sole and exclusive owner of all of the Individual Retirement Accounts and Certificates of Deposit that are currently in his name and/or possession, the 1986 Chevrolet half-ton pick- up truck, 1995 Ford Contour, Oldsmobile, 2002 Chevrolet Impala, all of the cash proceeds from the sale of timber pursuant to the Timber Sale Agreement of March 27,2000, and all United States Savings Bonds on which Husband's name appears. To the extent that Wife's name appears as a co-owner on any of the United States Savings Bonds, she will fully cooperate in having her name removed from said bonds. Notwithstanding the foregoing, the parties hereby agree that the framed photographs of their grandchildren at the marital residence shall be the sole and exclusive property of Wife. Notwithstanding the foregoing, the parties hereby agree that Wife may return to the marital residence, if she has not already done so, accompanied by a neutral third party to be mutually designated by the parties, to enable Husband and Wife to review the contents of the home and determine if there are any other personal effects Wife may recover. Attached to and rnade a part of this Agreement is Schedule B, which is an 7 -. . -~' -- ,'.,--' .A'-' ~ -, _~._ _,' __''._, __. _~""__ _.~",_"_ - ~ -ok: .41 enumeration of the assets being retained by the parties, respectively, without regard to any i :1 contention by either party as to whether any particular asset would be defined as marital or ii Ii non-marital. The purpose of including Schedule B as a part of this Agreement is for full and :: ~ ] " '1 fair disclosure consistent with Paragraph 12 of this Agreement. Schedule B does set forth i 8. LARRY AND ROBERT BROTHERS' PARTNERSmp I , , I I all of the parties' marital assets, as well as assets which may be considered non-marital. Wife hereby specifically waives and relinquishes any and all right, title, , , !i , " claim or interest, if any she has, in and to Husband's interest in the Larry and Robert :,] :1 : ~ " :'! Brothers' partnership. 9. CASH PAYMENT In consideration of and for Wife's waiver and relinquishment of all rights arising from the marital relationship, including but not limited to her right, title and interest in and to the real estate described in Paragraph 6 of this Agreement, Husband shall pay to Wife the lump sum of Two Hundred Thousand and No/lOO Dollars ($200,000.00) within sixty (60) days from the date of execution of this Agreement. 10. AFTER-ACOUlRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, 8 ~ , , .- " . ___o.-'_~~' - -- ",', ';'~ ~_,__ A;j , ~ _ -'" _'~. _n. ._== _~=<,.~~ ~__.., W",_~_ '''~'."'_' _ which are or were acquired by him or her after the parties' date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. ALIMONY PENDENTE LITE ORDER Husband and Wife acknowledge that an Order for alimony pendente lite was i: entered on February 7, 2001, to Docket No. DR 30349 in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties hereby agree that said alimony pendente lite order shall terminate as of the date of the final decree in divorce between the parties. However, Husband shall nonetheless be fully obligated to satisfy any and all arrears of record existent as of the date of termination. 12. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has. had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real 9 'P, ,_ ,.. _ '._'" '.." ". _ c ~ - ~-- ~ = -- -~- - < ~ ''; ~~ and/or personal property, estate and assets, earnings and incorne of the other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or respective incorne, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreernent. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 13. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully 10 > >" = '.'_ "un ~'"".. __ _,.-. __ =.~, __ _""~.__ '0'; explained to Husband by his counsel, Paul J. Esposito, Esquire, and to Wife by her counsel, Samuel L. Andes, Esquire. Each party confirms that he or she fully understands the terrns, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 14. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all tax, penalty, and interest payments, as well as attorney and accounting fees incurred arising from the failure to declare income or disallowance of the claimed deduction. The parties further agree that each will imrnediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible 11 ~~ r_ <"". " ~ - -" party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing authority. Thereafter, the innocent party shall have the right to secure his/her own counsel and the responsible party shall pay the reasonable and necessary fees thereof. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a Debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the parties hereby acknowledge and agree that no obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party specifically waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 16. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE. AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this 12 -- h 0 _""" ~ ~; , Ii] " I' 1:, 1'1 iJ Ii I I! u 1 , i 1 , I , :1 'I 1 - ~ . n,._" "f"" "--'~~,' '.'", _ _ ',' -, "',, ""'r'_ -', "1-. _,_ ,-,',,-~-,,~, ... " , - ='.'~~-'_... Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 17. COUNSEL FEES, COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of the marriage and the preparation and execution of this Agreement. 18. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws ofPennsylvania or any other jurisdiction. 19. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any 13 - , '~'-'-,' ,n,_ .' '''-''~:bt', r t I ! 1,- , !-: l~ ~ i " _n __~_,_' -he, _, n_ _.. ,_ ,,,,_,~_,, - ,- ---,-~ ~--' ~. .,-,-~~."" ,~ - - -- ~~ ~ -'<~~- .',,-, ~"~-~~_ 7 '_;.;' " _~,_ and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirernent plans of any sort or nature, deferred cornpensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 20. RELEASE OF CLAIMS A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, 14 ~- -, - ~.. - --'.. ~- 'j- ','-..1- -",~,- --", <'''<~~, ~.",,~ ",,-,<< --;~ -~~ ,. "~-""",,.....--, ,-,-- ,-_, -""'-~~"-",":d,'~':' renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits i-': '" under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, 15 ,- ~M _,_._<~ .-K'~---_'~' "o_",''''~'I''''''''_~__/' .,_ M _"_"",',," " ___,_~J;: -;;n-", 0' __~__ ,_, , ,~. ,-~I; ~ _,C- -,J;,,' ,.~ .;"CV~-~__ "o.~-'_"'-'--"";"*,,,~ "''''>-''o'd_'l.;"";:",.,,, ~,-- _ . _ ~~ _ ii', claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, :- , engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's I.': " rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as !1 [1 i~ 11 <, ;;! testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Exceptfor the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. E. Husband and Wife acknowledge that Husband has instituted a no-fault action in divorce against Wife docketed to No. 00-8114 in the Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall, promptly and without delay, proceed with the said divorce action, and the parties shall execute all documents necessary to conclude the divorce immediately upon presentation of same. 16 ~\ 21. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE This Agreernent may be incorporated into a decree of divorce for purposes of enforcement only, but shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, ~ '1 shall retain any rernedies in law or in equity under this Agreement as an independent :~ 1,1 "I r ,~ contract. Such remedies in law or equity are specifically not waived or released. Ii , I:j i'~ )':! 22. MODIFICATION No modification, rescission or amendmentto this Agreement shall be effective :-j , I'! i;: :1 l1 unless in writing and signed by each of the parties hereto. 23. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 24. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 25. SEVERABILITY If any provision of this Agreement is held by a court of cornpetent jurisdiction 17 ~~ "c"'-_A' .'-' --,- . -'."' - '"=0> _"~_. 1'_'__ '_""'_"__o~'''"''-''.'''_ _~_.. ," " ',> ,.,,--V',' - '""'rrr~I' to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way 26. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 27. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 28. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confIrm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 18 , "", ;~ ,~."~. -- -"' "c_ do 1__ =, _". _",. '~" . "e~"'"',.-",..."""-M - _~ --':'--~n~',i; 29. MUTUAL COOPERATION : ~ Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that rnay be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on dernand to cornply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 30. BREACH If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other rernedies or relief as rnay be available to hirn or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 31. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19 ~--- 00"',,' , ~ - 't.. " ,,- ," ~" ,-- <-~-" _"d>,_'_'~' '..",.,,-. .~.-". '" . 32. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 33. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or atternpt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: ~~. QjJ Q.~ ILfIrd ~"a,~ BARBARA A. BROTHERS ~ dL,JWlk" L G. BROTIlERS 20 -~ -J'i"';~ :!~ Ij ij , " , :; ., ,.. l ~ . -~ 1- _ " ,,-. " "~ '-.- n ~". >~ -l;J._'!;'.' DESIRED INVENTORY BY BARBARA BROTHERS (BROTHERS RESIDENCE, 756 OLD QUAKERRD., LEWISBERRY, PA 17339) LIVING ROOM · CHAIRS (2 wing and 1 Chippendale) · DESKlCHAIR (Ladies Cherry desk) and its contents · SOFA TABLE · COFFEE TABLE . PAINTINGS (not painting of house) . PICTURES OF GRANDCHILDREN . PIANO" (MY WISH IS THAT IT BE GIVEN TO MADELINE) HALLWAY · FRAMED PICTURES OF GRANDCHILDREN DINING ROOM . TABLE/CHAIRS . CHINA HUTCH . CHINA . DISHES NOT BELONGING TO BROTHERS' F AMIL Y I<'AMIL Y ROOM · PICTURES OF CHILDREN/GRANDCHILDREN . GIFTS FROM CHILDREN TO M KITCHEN-.NOTHING MY BEDROOM . BED/MATTRESS . CLOTHES . PERSONAL ITEMS MY BATHROOM . PERSONAL ITEMS ~. : ~..: I ri Other bed rooms . COLLECTED ITEMS IN CLOSETS . JAPANESE ITEMS . CLOTHES AND PERSONAL ITEMS . DOLLS AND ACCESSORIESI KNICK KNACKS . MY BOOKS - . -~"~,.^ "=,~,, -'"'".-~ ,~ ~~J" ~ ~- < ~--~-- ';'... ,~-....~ ~,:~ ...-.. i SPARE BEDROOM 1 · IRON BED AND MATTRESS . BEDDING . BOOKS · CLOTHES/PERSONAL ITEMS SPARE BEDROOM 2 . BOOKS · CLOTHES/SHOES · PERSONAL ITEMS . PICTURES MASTER BED . PERSONAL ITEMS (GIFTS; ETC.) · CLOTHES AND PERSONAL ITEMS GARAGE ATTIC · ITEMS TO BE INVENTORIED, SORTED AND ENUMERA TED(ESPECIALL Y ITEMS BELONGING TO MY FAMILY. HOUSE ATTIC . ITEMS TO BE INVENTORIED, SORTED AND ENUMERATED . SET OF ROSE CHINA FROM MY GRANDMOTHER BASEMENT . ITEMS TO BE INVENTORIED, SORTED AND ENUMERATED GARAGE . ITEMS TO BE INVENTORIED AND SORTED COINS AND STAMPS TO BE GIVEN TO GRANDCHILDREN PERSONALlFAMIL Y ITEMS . BIRTH CERTlFICA TES . DIPLOMAS . PERSONAL RECORDS . V. FAMILY PICTURES/SLIDES ETC. . CHILDREN'S TOYS IF APPLICABLE (TO BE GIVEN TO THEM) . BOOKS ,I ,'-~~ ,~_. ~ ^" ,,-, '~-,- SCHEDULE A SEE A IT ACHED LIST ',j SCHEDULE B Husband 1. 756 Old Quaker Road Lewisberry, P A (Former Marital Residence and Adjacent Lot) 2. 757 Potts Hill Road Lewisberry, P A (50% share) 3. All personal property in Husband's possession with the exception of the items set forth in Schedule A 4. 1986 Chevrolet Half-Ton Pick-up Truck 5. 1995 Ford Contour 6. 1987 Oldsmobile 7. 2002 Chevrolet Impala 8. Proceeds from sale of timber 9. Larry and Robert Brothers Partnership (50% interest) 10. U. S. Savings Bond M45637793EE (Face Value $1,000.00) 11. U. S. Savings Bond C345978217EE (Face Value $100.00) 12. U. S. Savings Bond C409327113EE (Face Value$100.00) 13. U. S. Savings Bond C481283308EE (Face Value $100.00) Wife 1. Public School Employees Retirement Systern Account 2. Nationwide SEP IRA 3. 1995 Ford Explorer 4. All personal property in Wife's possession and items set forth in Schedule A -".- en,' -...-- ~ -, -H- "~- 'n",",', ''',,'"-,'-'__' --"- ",,-, ''',"''''0 ",~',,~~;;.-"=; "L'_' 'r;", _;" ":" SCHEDULE B - continued Husband 14. U. S. Savings Bond R130207770EE (Face Value $200.00) 15. U. S. Savings Bond R132173362EE (Face Value $200.00) 16. Certificate of Deposit No. 160004686 ($11,698.94) 17. Certificate of Deposit No. 710003856 ($11,210.27) (Redeemed: June 26, 2002) 18. Money Market Account ($18,797.54) 19. Waypoint Checking Account No. 010032155 ($1,275.57 as of December 28,2001) 20. IRA No. 7401995 ($9,841.21) 21. Certificate of Deposit No. 514-0176585 ($28,914.90) 22. IRA No. 750271-0 ($4,768.25) 23. Certificate of Deposit No. 097778 (Matured: December 21, 1998) ($7,820.48) 24. Certificate of Deposit No. 131263 (Matured: April 27, 2001) (Funds deposited in Fulton Bank Money Market Account) (Approximately $10,000.00) , -~,-~--_...._-'" ~".-- '-'-~~~_ ,~-~ ~.,_ ~___'O_'Y',,_""""w.~ - '"N~,_,._,",_of__ __ __"'j STATE OF PENNSYLVANIA COUNTYOF~~!nj~ ss: On this, the ~ day of Jlli11{~ , 2003, before me, the undersigned officer, personally appear BARBARA A. BROTHERS, known to rne (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N01ARIAL SEAL M,f! M MARKINS, N01ARV PUBLIC 1'1 EMOYNE 'BORO CUMBERLANO COUN ~y COMMISSIOIi' EXPIRES JAN, 31, 200S STATE OF PENNSYLVANIA COUNTY OF ~().~) SS: On this, the {g th day of ~ ,2003, before me, the undersigned officer, personally appeared LARRY G. BROTHERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial eal . Jennifer L. Boltz. Notal1: Public City of Harrisburg.. Dauphin County My Commission Expires May 30, 2~ Membei', pennsyival1iaAssooiatUlnol NoIaJ19S 93886.2 . ~f ,. 0_;' ,-;--",-,~ h-~-'",~~',:,:,-/<:-:- ,. ,--:_ ,": ~--;,:-~--:~J~', ~i. ,-';:~;;, ",- ~ ,--< :-/;,,'~;,:;,,;:..;~ ,- , -, - >-- ,,--, " '-" - ~ ,--,"- - -', '::'1" ,,' '..' ., .;:"~..;.,)",,;';',,,,;'''.:'.f,"':v:;. ... "'I' ",1 ii I ,I I , I i I I ,I , ji I! GOLDBERG, KATZMAN & SHIPMAN, P.c. Paul 1. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 I i '] I: LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 00- PII'-f GIU;( y~ IN DIVORCE 1 I :1 iJ I BARBARA A. BROTHERS, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. " :J 'i ,J When the ground for 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, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 'f_ t' " ~,,';.;,- - ,~.:,~":_:,-- -'" ' I," "~'. _, """ ,"''',1'-' ",' ,_ /,;-_,.",__", ;--c_,' ""T " J"-,:,y_",,_-'-~':_::_-':'__-__:_,~,:::;-_,__"---:____ ,_. "," _c," __ -.-_'_"0._",T""'><";;"ih"'-'" :J,-,',-, -- ,,":; -'1 "'1 Ii .I ,:i Goldberg, Katzman & Shipman, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff LARRY G. BROTHERS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01J- 2//'1 G.;;J ~ BARBARA A. BROTHERS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELING LARRY G. BROTHERS, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling, 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 1/1JA... /3, 2. 0 0 () ~~j?~A4/ LARRY . BROTHERS '.1 '- ,,' -; -. .",,;:., ) '-;:" - '-, " ' , ,- -" :-~ I "-"'. J.-,:~-:-_:,;: -_-:,~~~-"'"'-~ _ 0 -~-" .", 0- ,-, -~- ,., -'1'- '-,' .. ]: , h .,-, -"',',"-"', ',c_ ~':~:;-;-:j~~;;;ji ,,;-,,~v '_~_'_" ,,,' ; 1 . 0 iL.~-,_~ I II ! , , GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul 1. Esposito - J.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 , ~ i'i 'j LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. fJV. fll'-l Cu';J ~ IN DIVORCE BARBARA A. BROTHERS, Defendant COMPLAINT IN DIVORCE 1. Plaintiff, LARRY G. BROTHERS, is an adult individual, who currently resides at 756 Old Quaker Road, Lewisberry, York County, Pennsylvania. 2. Defendant, BARBARA A. BROTHERS, is an adult individual who currently resides at c/o Pat McCurdy, 463 Delancey Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff avers that he has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on March 18, 1961, in Lewisberry, York County, Pennsylvania. , 'I - - ,'''~ "i~;.,';'~;; ,",' ~,'~J-:----~> ", "---~~.--, "" ,- , ..1/ "'--1',;-"" " - ~ '-j , -- ,;;;,;.;.,~--:,-;,.:,,::;~;,,"Y,- ""--"':';J 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. 8. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs I through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to: (a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and (b) Order such other relief as the Court deems just and reasonable. Respectfully submitted, RG, KATZMAN & SHIPMAN, PoCo By PAUL J. SP SITO, ESQUIRE 320 Market St., P. O. Box 1268 Harrisburg, PA 17018-1268 Supreme Court ID #25454 Attorneys for Plaintiff wi '"I , VERIFICATION I verifY that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief 1 understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~(}( /.~ 2() 0 lJ ~ hi?ud.tA-ft., LARRY . BROTHERS ',-, _'-_'<;~_~,h '",~,,,,- ~ '. ~-- =,.' ~,-,,- ~.--" ;-. --".-.-~"'" - H" - " ".~" -," ",,' - ;i' ,:'-:'- ~ - , .~ " :.\\-- fJ r- ........ en o ~ ~ 3 ~-o o -,~,-_._'"-". ,~ ' ~"- , (J " jl <7't ........ ~ ~ .......... ~ Ci( r;; ~. . C)8t1 f r D() P-- ~ ?:Jt ~ ~ (") ~: -0[1_; n~r\' ~~e? C'J., r;"C; ~~~:; ~~~; -( '~\ ! Cl C) o -71 ~ ;~~ ~ ....~~~ ':~~~~ , - 1,~~Z; b l5f11 -oj ~ :0 -<;, {~-"," " -0 --'-'- :'0 co JJrJ ',-" -;^,c~.'- ,;i.h--,=-- L - '..,'- ,-'-', "",';"-'^^ ~ j,-'<", O--""";':'_~:-:'}_'~~4_:_-';: . .,_,'_ ; -- -, - '-:--".; ~'-"" ',~ ~;;,,;,,:~,,:_- ~kiic ;~,~,_, ""'''';,,_.,;; . ",~'--'o'_ - ,g,.;~~: --",'- GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320E Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 1710S-1268 (717) 234-4161 LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 1 'I 4Ili 'I q !I I , ! i ! BARBARA A. BROTHERS, Defendant NO. 00-8114 civil Term IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, hereby accept service of the Complaint in Divorce in behalf of Barbara A. Brothers, Defendant in the above-captioned action, and acknowledge that I am authorized to do so. Date: is &e".,W 2\)"" ,~~ - ,. ~,=,", ,_.' ,_M ~ ,'- -~ . ..^' ~ ., -~ -~;- ~-1ll ci r>.__. -']" ~tr'"' '> --::"~,~~~~--_:,-,:('" ',.'";;.~.;--", ,- -~,.~.,...~ - ".'" ,.,,", , ,-., ~,,< '-'- ,. ';'~--<l.:-~>~-~" (", S -r.leU nln-- Z:J~o ;;....:::C S? ~~_. r:: c. ~c: .':'.:e.'-, ';F;;;::.:: :=i -< 'I I G) h> S? ,:.11 en l;x LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 16. 2000, and was served upon the Defendant on or about 15 December 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming. final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. a.Jlun ? A(J 03 ~Y'-l' 't ~ -IJ,lWliJA4J LARRY . BROTHERS Ii ~C~ "'_'u ~ ..;; ,." Ii.i~ ,~ ~~~". ,~'_'A' ~)(' __,V ,y.- ;,,~ --, ' ......,. "." ,p",i"""" "'b'~'"'"" l~,:~-..," o c ~~ n~~r ~/--! ~\~ ~~:' r:: i.. ::;:;-" Z"'- -Cj >c: Z -~ -< __'1"' ,,'"' ~)':, '~ c~-, """- ,-.... '-=l L_', :p ".H "",--:::;-::: ~d...-, ;..:" Pl ;:':~ > ':] :< --J r& LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE 'WAIVER OFIV","CE'OF'INTENTION TO"REcrtJeST'ENTRY"'" ," , OF A DIVORCE DECREE UNDER SECTION 3301 Ic) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa" C.S.Section 4904 relating to unsworn falsification to authorities. II - ~G, '~'''-');W'._F ,- "~(<<:"'_' "r '. ,~~ """-~-'"-'''''''~. , "~. " . 0 __''. <:;_;;~~;~O__,_ ~"~~~"ij-~~~ mLl , --"._" ;;"';'i;ili;';'""'''''';llr'''~" .~ o c ~ :::.-...... -orx:~ rnfT: Z-1, zi" ~~:. :;:"'-.. 1>'('-~_ 2;..:..._ Pc Z -:;l -, ~,- ~. '~'-' Co," C) <T ~ ..,J LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 16 November 2000 and served upon the Defendant on or about 15 December 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Jtr/JC,,,) .;:2003 Date ' ~<<~ .. BARBARA A. BROTHERS II . L .. 'WJ.t ..'.,', = ^,~^^ . ~,~" "-,^' -,<; '- -.;.;.(;. ,,- "'-"'-i~<-:::'-~~ ::.:.;;~~.~,~'t ",'d" ~ .^ ,~ '" """.~,~,-,,_,,",,~~. '.,'P N' . .,iiC,,,'"',,"'!.~;:,s::n .' ':. - - ,~ -- - '-- i.-;'~'i~-"'~," ~.- ,-~.",,--< '"- -^ ',', ~~,,-;::.. ""' ~~ -'-, I I , I i 0 C) C L"_I s:. C_ "0':;:' ,"- n) Lr: :;;E ~e ., .' .' ~:o? cr"- !2.c "C1" :E:c ' " ~C - -, " ;;PC . ' ~.~~\ Z \""V ~:~ -, ~ -<.: [0 t;';; " I" LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vS. CIVIL ACTION - LAW NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. CoSo Section 4904 relating to unsworn falsification to authorities. \ hu} e. b? I d- 00.3 Date 4~/?A~/ BARBARA A. BROTHERS - II ~'-Jr .,. ",-';:,' ri'-~ ,...u.,!~wtt" ,- --~~d~~'t .-:,;'ii ".-k;j-iih;+',!t,\;;,;, '.,~c_ '-'" "~- .; .--. """' , Q c... ~'O Y~l fr\f-n ~,~~~., (P. ," :<" c:::C j:'-", ("^ '~(j p'C~ z :2 - c-;". .'" ~-- "1 ~! ~ ~ "'" rv '-;}\ 'p ~ fi! 1'--:--- - ""',~--{;".-, ~- .. ,I , ~---"." .-' - ,,' '-.,- '"',J"~_'2:;~-i:~c.r' '.;;""- ,...., "'~_;~-t'?~W~~;~"~:;:~::~f~: -rE:;t:,:"~~.:,s~,;:~'f:_';:}r:"~_:):,t.~_:if~.\~,~:ri? ;!");;t:,;'-~t0'V,,'W'W;:\-;,'~f,.~;;,~'0~,,';~i'-'i_;ti"> ";~ --- ;.,. ,; - ;- \"..,,' - - -~'~7,;--' .-:,,'-'--,.;-;;,,;- GOLDBERG, KATZMAN & SIDPMAN, P.c. Paul J. Esposito, Esquire Supreme Court ill #25454 320 Market Street., P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant CIVIL ACTION - LAW 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 S 3301(c) ofthe Divorce Code. 2. Date and manner of service of the Complaint: by Acceotance of Service bv Defendant's Attorney. Samuel L. Andes. ESQuire. on December 15.2000. 3. (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by Plaintiffon June 7. 2003; by Defendant on June 2. 2003 . (b)(I) Date of execution of the Affidavit required by S 3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: June 16. 2003 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the prothonotary: June 16 200 96874.1 -' do,,' ']"f(" .,-!::I'l.t1 .'-. ',-':'\:,.;:,;:;~~ ~"'lir . ~~ - ~, ~i;,;;j";";;'.ii"ji,;;;i,, ';\'liD';;,;; .-" ,-> ~- ~, -- 'i.""" Q ~;-~- (F~ . ~::- )?: '--- -~~~ '--<.. ),::- (;~;- ~, ..'::" ::, i~:;,~ I I I -' ." ~~2 .'0 \0 ". , ~ .-- ~>--- '~-, !t;-., 'ii" ; .. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT TInS AGREEMENT, rnade this 6 ~ day of M >7 ' 2003, by and between BARBARA A. BROTHERS, (hereinafter referred to as "Wife") and LARRY G. BR011lERS,(hereinafter referred to as "Husband"). WITNESSETII: WHEREAS, the parties hereto are Husband and Wife, having been married on March 18, 1961, at York County, Pennsylvania; and WHEREAS, the parties separated on or about October 25, 2000; and WHEREAS, there are no minor children to the marriage; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. ~ - , ~~ --~ ".' ." .,";; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, SUCcessors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside frorn time to time at such place or places as they shall respectively deem fit, free frorn any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by hirn. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be 2 -,= . - I ~,-^ ,- ,," . """ -=", ~'.'-__ ~= _'0-",-"_,_,_"",. ,-~~,-,_-,_ -"''''..:0.",;';;' .-;0,;;";('",:1 j ; responsible and shall indemnify and save Husband harmless from any and all claims or dernands rnade against him by reason of debts or obligations incurred by her. 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts or obligations, which were jointly incurred by them during their marriage. 5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indernnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DISPOSITION OF REAL PROPERTY A. Marital Residence and Adjacent Lot. The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situate at 756 Old Quaker Road, Lewisberry, York County, Pennsylvania and an unimproved lot of approximately 6.25 acres (hereinafter referred to 3 >"''''''''1 .'.- --".<"."''-< , c'.___,' .,."0' ,,',".- _'I",'.., ~."~ '-"^~,,,- '~"'<'''-~j- ,--'''''."",''.': "c~'<~/~-N4'"" ti, as the "marital residence and adjacent lot"). The parties agree as follows with respect to the marital residence and adjacent lot: 1. Husband shall become the sole and exclusive owner of the marital residence and adjacent lot and shall be permitted to take any action with respect thereto that he deerns appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest (including the fair rental value of the marital residence and adjacent lot, which may have accrued since the parties' separation) she may have in and to the marital residence and adjacent lot. Wife shall, contemporaneously with the signing of this Agreement, execute special warranty deeds conveying all of her right, title and interest in the marital residence and adjacent lot to Husband. Such deeds shall be held in escrow by Wife's counsel, pending the completion of Husband's financing arrangements to which further reference is made in Paragraph 9 of this Agreement. ii. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the marital residence and adjacent lot shall be endorsed to reflect Husband 4 -"~-~." -,,- - ._'-'r__;.. ,,-,,"-' "'-<-~.~,,-~ _".,,^'"' ,~_ ' ,_,.'",_~~___""^',,,,,_;,,",,,",'>',"""""_'_'_ ~--<-'-~'i\~ I as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. ill. Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the rnarital residence and adjacent lot since the date of the parties' separation. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney's fees which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the rnarital residence and adjacent lot. IV. Wife's waiver and relinquishment of her interest in the marital residence and adjacent lot shall not be effective until she has received from Husband the payment of $200,000.00 described in Paragraph 9 of this Agreement. B. 757 Potts Hill Road. Lewisberry. York County. Pennsylvania. The parties acknowledge that Husband is a titled owner of that certain building and lot and all improvements thereupon situate at 757 Potts Hill Road, Lewisberry, York County, Pennsylvania. Wife hereby waives, relinquishes and releases any and all past, present or 5 ~H ~ 'I -.- "'to ^ ".+' ,~., ~,~,,' .~_. ~.'. .,~ ,,- ,,- ',,,"',,,'-"<"''''0'' "h'""O' 'd.:^ ~ 'I future right, title, clairn or interest she may have in and to said property by virtue of the parties' marriage or otherwise. Wife shall contemporaneously with the signing of this Agreement execute a quitclaim deed evidencing her waiver, relinquishment and release of any and all right, title or interest she may have in said property. Notwithstanding the foregoing, Wife's waiver and relinquishment of her interest in said property shall not be effective until she has received frorn Husband the payment of $200,000.00 described in Paragraph 9 of this Agreement. 7. DIVISION OF ASSETS Husband hereby assigns, conveys and transfers all of his right, title and interest in and to any and all furniture, furnishings, household equipment and appliances, pictures, works of art, books, jewelry and any other iterns of tangible personal property of whatever nature that are presently in the possession of Wife and those iterns which appear on Schedule A, which is attached hereto and made a part hereof, with the exception of the Cherry Dining Room Suite and Coins and Stamps, which shall be the sole and exclusive property of Husband. In addition, Wife shall be the sole and exclusive owner of her Public School Employees Retirement Systern Account, Nationwide SEP IRA, and 1995 Ford Explorer. Wife hereby assigns, conveys and transfers all of her right, title and interest in and to any and all furniture, furnishings, household equipment and appliances, pictures, 6 ---j"';'] works of art, books, jewehy, fIrearms and any other items of tangible personal property of whatever nature that are presently in the possession of Husband with the exception of those of all of the Individual Retirernent Accounts and Certificates of Deposit that are currently in j I j I I I I I i .1 1 items which appear on Schedule A. The aforesaid items shall constitute the sole and exclusive property of Husband. In addition, Husband shall be the sole and exclusive owner his name and/or possession, the 1986 Chevrolet half-ton pick- up truck, 1995 Ford Contour, Oldsrnobile, 2002 Chevroletlmpala, all of the cash proceeds from the sale of timber pursuant to the Timber Sale Agreement of March 27,2000, and all United States Savings Bonds on which Husband's name appears. To the extent that Wife's name appears as a co-owner on any of the United States Savings Bonds, she will fully cooperate in having her name removed from said bonds. Notwithstanding the foregoing, the parties hereby agree that the framed photographs of their grandchildren at the marital residence shall be the sole and exclusive property of Wife. Notwithstanding the foregoing, the parties hereby agree that Wife may return to the marital residence, if she has not already done so, accompanied by a neutral third party to be mutually designated by the parties, to enable Husband and Wife to review the contents of the horne and determine if there are any other personal effects Wife may recover. Attached to and made a part of this Agreement is Schedule B, which is an 7 " ~" . --".~ ",,- '1'",.., ._~",,-r "'~_~ - _"~___"__ ,", _. ._." _",,_ '~." - '," "- - 'I.' .,,-, .;;,,;;,~ T _~~*,1<'___,_-, -,,-~' ","""",.' ~__ "pi--'- ,".'oi '^'X_~'_.<:h'_{,\<!,;", ".- _~ '_'~~-_\~ enumeration of the assets being retained by the parties, respectively, without regard to any contention by either party as to whether any particular asset would be defined as marital or non-marital. The purpose of including Schedule B as a part of this Agreernent is for full and fair disclosure consistent with Paragraph 12 of this Agreement. Schedule B does set forth all of the parties' marital assets, as well as assets which may be considered non-marital. 8. LARRY AND ROBERT BROTHERS' PARTNERSlllP Wife hereby specifically waives and relinquishes any and all right, title, claim or interest, if any she has, in and to Husband's interest in the Larry and Robert Brothers' partnership. 9. CASH PAYMENT In consideration of and for Wife's waiver and relinquishment of all rights arising from the marital relationship, including but not limited to her right, title and interest in and to the real estate described in Paragraph 6 of this Agreement, Husband shall pay to Wife the lump sum of Two Hundred Thousand and No/lOO Dollars ($200,000.00) within sixty (60) days from the date of execution of this Agreement. 10. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, 8 -~~".. ,,^-' '.,-'"~_~ _'I"'"_'~,~>,_.__ '<'~-""='--'~ '-~;-," '..' C.': ,._n' , 0;,;,-1 ...' '".. ;",2",,,--,,,,>~ ,;;'",,-'," ",-- 'J. <.I ,,- --,~~, - ~,~~<"",""",.< "-",,";,: . ,'.,,'~-- ',- which are or were acquired by him or her after the parties' date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. ALIMONY PENDENTE LITE ORDER Husband and Wife acknowledge that an Order for alimony pendente lite was entered on February 7, 2001, to Docket No. DR 30349 in the Court of Common Pleas of Curnberland County, Pennsylvania. The parties hereby agree that said alimony pendente lite order shall terminate as of the date of the final decree in divorce between the parties. However, Husband shall nonetheless be fully obligated to satisfy any and all arrears of record existent as of the date of termination. 12. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real 9 ~"O" ^~ ' " , -'< -,"_:1.__'.,_',."_ -- ",'",,-~, ~- ,- '""<~Hi' ,'." . ",""- ~".. """_i" ~j.... -;::,,~ ,,,-,:,_,. ,~_:>,,_ ,__'; and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or respective income, assets and liabilities, whether such are held jointly or in the narne of one party alone. Each party agrees that any right to further disclosure, valuation, enurneration or staternent thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreernent is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, rernain actionable. 13. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully 10 ,', C<',';'..<' ,.,":!"_,' ' explained to Husband by his counsel, Paul J. Esposito, Esquire, and to Wife by her counsel, Samuel L. Andes, Esquire. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 14. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Comrnonwealth of Pennsylvania or other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all tax, penalty, and interest payrnents, as well as attorney and accounting fees incurred arising from the failure to declare income or disallowance of the claimed deduction. The parties further agree that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them frorn the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible 11 , -" ,_~ "",,-,. _'=," 'r <". ,.-,-- ,IJ;'-""-"'''''--~,'''''"J-'';-A..',~.'''>.--''''~.,.."-' -,,,'''-;"c'',;"'-';'''''~-~*'',-,_.i,\ "''''~''.k- _ ,;(;;~'; 'j:~ party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing authority. Thereafter, the innocent party shall have the right to secure hislher own counsel and the responsible party shall pay the reasonable and necessary fees thereof. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a Debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the parties hereby acknowledge and agree that no obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party specifically waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 16. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE. AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek rnodification of the terms of this 12 -. - ~ ~^ --- ~ " ,-~-_ r_i;,J.:. "r ." ,''''' -""'0' _A> ~- ~,< -~, __ --,<p-_'_._ ,-_"_~"'" -~'-"-_'-~_'^V-'__'W", <~"C"' ", :,-_ Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 17. COUNSEL FEES. COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of the marriage and the preparation and execution of this Agreement. 18. WAIVER OF INHERITANCE RIGHTS :, ij Unless otherwise specifically provided in this Agreement, as of the date of ,; 1',1 'I execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the tenns of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 19. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficilllY rights and any 13 and all rights as a smviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirernent plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank. accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreernent any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is othelWise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 20. RELEASE OF CLAIMS A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, 14 renounces and forever abandons any claim, right, title or interest whatsoever he or she rnay have in property transferred to the other party pursuant to this Agreernent or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged frorn any obligation under this Agreement or any instrument or document executed pursuant to this Agreernent. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party rnay have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in or as to any breach of this Agreernent, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate frorn any and all rights, 15 -", < ~~. -"-~ .'-.--"-." I""-"''''"''~,-'-''-'''f:..'''d_. -"-;-'-'~"<--"'- . . -' -,I> -;'1 J' ~-~,,,,,,,_.'-;';; '~<'~'_;-"'''''-':>',z~," -C. l".<~_;"__ ,;;,.,- '". '",$.-[~;--.;J;;S~"._;i" -.;,.-,. , -', ,- "'1 claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. E. Husband and Wife acknowledge that Husband has instituted a no-fault action in divorce against Wife docketed to No. 00-8114 in the Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall, promptly and without delay, proceed with the said divorce action, and the parties shall execute all documents necessary to conclude the divorce inunediately upon presentation of same. 16 '-';,-' ~-". - , ,-~----,--, 21. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreernent as an independent contract. Such rernedies in law or equity are specifically not waived or released. 22. MODIFICATION No modification, rescission or amendmentto this Agreement shall be effective unless in writing and signed by each of the parties hereto. 23. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 24. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreernent. 25. SEVERABILITY If any provision of this Agreernent is held by a court of competent jurisdiction 17 I' ~ .- - -~ ',,, ,;,;; " -'-,"",'" - ,-",.,. ,~'~I-"-' ,.. ,,', ""."~-', ;,-"'",'. '"" '," ,', ''-'-'''' ..""""",..- . <,,~~ <' ,- to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way 26. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 27. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 28. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confinn that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 18 O. '-- '" " ,,- "_I'"'__,",-~I_ ~'. -.' ,,, ~~,_~~"""". >.""-~-,-,,;,'C"_~;,,,,_--.~__,,-~, -, '_,_'_d.i'&.".,,,", :...._.; / ~ _ . ._, ,_ ,,_ ". _-;~ 29. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to cornply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 30. BREACH If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to hirn or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 31. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19 ,-- ~ ~ ~-~~"'~ , - - ,~ ~. '<'~'I"'''-' ,~_ ,'.~_~~'_V,_" '"'''_,=;,_ '':' ,_-':.1'_ .,. ~_1 "" . -; '-~',-"',:i,",;,-o _;, ,,,,-, ~, ,; :~:" .::',' -od.C"';;-- ,-o'H' , ~ '. , .; '.(':! I ! 32. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 33. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE This Agreernent shall rernain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: ~~ -(jfQ Gr \ k~. tj~~ BARBARA A. B" OTHERS Gfl2 J1J ~] L~. BROTHERS 20 roo ,'. . ~",'.,',d'_'_ '._ 'I,~ <", ",','n'''-'-.''.___ ;n~ . _._ ",-,-_,,, _ "~_."<;A"'- -"V"''''''''''~'_-;'o.-n,_ '_, ',.;__ SCHEDULE A SEE A IT ACHED LIST I ~ ., . "L ~I 0' 0- 'r;,: DESIRED INVENTORY BY BARBARA BROTHERS (BROTHERS RESIDENCE, 756 OLD QUAKER RD., LEWISBERRY, PA 17339) LIVING ROOM. · CHAIRS (2 wing and 1 Chippendale) · DESI<JCHAIR (Ladies Cherry desk) and its contents . SOFA TABLE . COFFEE TABLE . PAINTINGS (not painting of house) . PICTURES OF GRANDCHILDREN . PIANO. (MY WISH IS THAT IT BE GIVEN TO MADELINE) HALLWAY . FRAMED PICTURES OF GRANDCHILDREN DINING ROOM. . TABLE/CHAIRS . CHINA HUTCH . CHINA . DISHES NOT BELONGING TO BROTHERS' FAMILY FAMILY ROOM . PICTURES OF CHILDREN/GRANDCHILDREN . GIFTS FROM CHILDREN TO M KITCHEN--NOTHING MY BEDROOM . BED/MATTRESS . CLOTHES . PERSONAL ITEMS MY BATHROOM . PERSONAL ITEMS I ; , Other bed rooms . COLLECTED ITEMS IN CLOSETS . JAPANESE ITEMS . CLOTHES AND PERSONAL ITEMS . DOLLS AND ACCESSORIES/ KNICK KNACKS . MY. BOOKS r - , ,- ,~ ; -" '- ~.iii-;; .....- I . , SPARE BEDROOM 1 .. IRON BED AND MATTRESS .. BEDDING . BOOKS · CLOTHES/PERSONAL ITEMS SPARE BEDROOM 2. · BOOKS .. CLOTHES/SHOES · PERSONAL ITEMS .. PICTURES MASTER BED . PERSONAL ITEMS (GIFTS,ETC.) · CLOTHES AND PERSONAL ITEMS GARAGE ATTIC · ITEMS TO BE INVENTORIED, SORTED AND ENUMERA TED(ESPECIALL Y ITEMS BELONGING TO MY FAMILY. HOUSE ATTIC · ITEMS TO BE INVENTORIED, SORTED AND ENUMERATED . SET OF ROSE CHINA FROM MY GRANDMOTHER BASEMENT · ITBMS TO BE INVENTORIED, SORTED AND BNUMERA TED GARAGE . ITEMS TO BE INVENTORIED AND SORTED COINS AND STAMPS TO BE GIVEN TO GRANDCHILDREN PERSONAUFAMILY ITEMS . BIRTH CERTIFICATES . DIPLOMAS . PERSONAL RECORDS . V. FAMILY PICTURES/SLIDES ETe. .. CHILDREN'S TOYS IF APPLICABLE (TO BE GIVEN TO THEM) .. BOOKS ,. ~ ,I ~.~~- ,,( '\ _".:0 , ",-" ",p--'---' -"'.-.-- ,; , -~;,,- , ., ,;-,- ,;",:,;~;1 , ,'. " ".,~: ~,' _"-"';._:~,;;"~_",-"-,_",,,_,, /- b,,{',~~, ':";;..-',;,,,,--,' -;i, ,,,,,,'_.' '^ _ '. .H SCHEDULE B Husband 1. 756 Old Quaker Road Lewisberry, P A (Former Marital Residence and Adjacent Lot) 2. 757 Potts Hill Road Lewisberry, P A (50% share) 3. All personal property in Husband's possession with the exception of the items set forth in Schedule A 4. 1986 Chevrolet Half-Ton Pick-up Truck 5. 1995 Ford Contour 6. 1987 Oldsmobile 7. 2002 Chevrolet Impala 8. Proceeds from sale of timber 9. Larry and Robert Brothers Partnership (50% interest) 10. U. S. Savings Bond M45637793EE (Face Value $1,000.00) 11. U. S. Savings Bond C345978217EE (Face Value $100.00) 12. U. S. Savings Bond C409327113EE (Face Value$100.00) 13. U. S. Savings Bond C481283308EE (Face Value $100.00) Wife 1. Public School Ernployees Retirement System Account 2. Nationwide SEP IRA 3. 1995 Ford Explorer 4. All personal property in Wife's possession and items set forth in Schedule A ~- . -.. ~ . "<'.'~'"' -~- "--". .' I;". '.,-, -, ,-- r:~'-" ,'-'-" ...- -. - ;, -' :- .-:~,' ,he" "".,.,'",;. "-'---.' '. ~,' ,,-,+'-i- ,__~,c ~:. <<-c__~ ';'-' ,;",,;..~B_i'~--' ,,'., '-''---' ';:c. ',,,,:J .I j j . '. SCHEDULE B - continued Husband 14. U. S. Savings Bond R130207770EE (Face Value $200.00) 15. U. S. Savings Bond R132173362EE (Face Value $200.00) 16. Certificate of Deposit No. 160004686 ($11,698.94) 17. Certificate of Deposit No. 710003856 ($11,210.27) (Redeemed: June 26,2002) 18. Money Market Account ($18,797.54) 19. Waypoint Checking Account No. 010032155 ($1,275.57 as of December 28,2001) 20. IRA No. 7401995 ($9,841.21) 21. Certificate of Deposit No. 514-0176585 ($28,914.90) 22. IRA No. 750271-0 ($4,768.25) 23. Certificate of Deposit No. 097778 (Matured: December 21, 1998) ($7,820.48) 24. Certificate of Deposit No. 131263 (Matured: April 27, 2001) (Funds deposited in Fulton Bank Money Market Account) (Approximately $10,000.00) ~ --~---"- - "~.., - ~ - ;"- ,. _ -, I ,'"- ~ ^i-~ L_ ,_'0 '-. :-,..-;1,.;'-- -"_d-"-'__~,,-'-_ ""'0_'0';__,-,"'''_' '~'~"'''''"'''-'''''=''~''"'~''-'-'.'-' " ~-- '-~",-d'; ;0: !i: . '. ,. I' L~ !! I:! I: i: . . I.i " STATE OF PENNSYLVANIA COUNTY OF Cum buJll1'd ~ 1" ss: i': L: On this, the :J.Yd day of Milit undersigned officer, personally appear BARBARA A. BROTHERS, known to me (or " , 2003, before me, the f~ n satisfactorily proven) to be the person whose name is subscribed to the within instrument, ,-j ~1 I;; 1'.: and acknowledged that he executed the same for the purposes therein contained. I ,., NOTARIAL SEAL AMY M IlARKlNS. NOTARY PUBLIC lEMOYNE 'BOIW.. CUMBERLAND COUNl'I MY COMMISSION EXPIRES JAN. 31. 2005 :-: i.,' 1.1 I:, , I: '.j IN WITNESS WHEREOF, I hereunto set my hand and official seal. . ij ,-, i'j STATE OF PENNSYLVANIA COUNTY OF -.J)~ SS: On this, the ~ day Of~, 2003, before me, the undersigned officer, personally appeared LARRY G. BROTHERS, known to me (or satisfactorily ,: I-j i-' ;t proven) to be the person whose narne is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Jennifer L. Boll.. No.1lI'l' Publlo City of H.,.,.;.hurg, Oaupliln County My Commililli.or- f€kpl-l'!",;~ Ml'IY 1f\ 2005 Member, ennsYlWi"i~'~;;,!,:,^1ll flIl 93886.2 ~~. VMA~~. !ff;of~ mnn fp- VB. 1~ f. P1f{)th~5 ~~t DATE: :1 'J '" " I ~. ""'" ; ',. -," ,~ " ':.,.. " : ,~^, ;.~. '".0' _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.00"'0111 CIVIL 19 IN DIVORCE STATUS SHEET ACTIVITIES: t/11 Qr <(1..? ~ ~ 1"--, ';,,--, ,'~- ,-~ -,' "i{ LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 8114 CIVIL BARBARA A. BROTHERS, Defendant IN DIVORCE TO: Paul J. Esposito , Attorney for Plaintiff Samuel L. Andes , Attorney for Defendant DATE: Tuesday, August 14, 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. - "~" Co ,,<..,~, , ' "--""1<>'4 ^ (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. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-15361 28 May 2003 FAX (717) 761-1433 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Larry G. Brothers vs. Barbara A. Brothers No. 00-8114 Civil Term In Divorce Dear Mr. Elicker: I represent the Defendant in the above matter. The parties have resolved their differences and signed a settlement agreement which will make further proceedings on this unnecessary. I enclose one fully-executed copy of that agreement. Please file the documents necessary to have your appointment vacated so that we can conclude the divorce. Sincerely, ~&- L. Andes amh / Enclosure cc: Paul J. Esposito, Esquire Barbara A. Brothers ._, . ~ < LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 8114 CIVIL BARBARA A. BROTHERS, Defendant IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Paul J. Esposito , Attorney for Plaintiff Samuel L. Andes , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 17th day of March, 2003, at 10:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 3/4/03 E. Robert Elicker, II Divorce Master ,'" ,,' J . ~ LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 8114 CIVIL BARBARA A. BROTHERS, Defendant IN DIVORCE RESCHEDULED PRE-HEARrNG CONFERENCE TO: Paul J. Esposito , Attorney for Plaintiff Samuel L. Andes , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 10th day of March, 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/28/03 E. Robert Elicker, II Divorce Master ,-I. . ~\ " ,,- ,.,'- LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 8114 CIVIL BARBARA A. BROTHERS, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Paul J. Esposito Attorney for Plaintiff Samuel L. Andes , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 3rd day of March 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 1/13/02 E. Robert Elicker, II Divorce Master 1..",'- ~ . """;,~,-,,,, ,; ,~",'-~' i-_f".'"' ~~j,:" -0''-'''''' , '"",,,,,,'^<,,- 'dl;~;;;,;d,,",[~'.- 'Co ;",,''''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 .to Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 November 27, 2002 Paul J. Espostio, Esquire GOLDBERG, KATZMAN & SHIPMAN 320E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lernoyne, PA 17043 RE: Larry G. Brothers vs. Barbara A. Brothers No. 00 - 8114 Civil In Divorce Dear Ms. Esposito and Mr. Andes: Mr. Andes certified on August 21,2002, that discovery is cornplete; I have not heard frorn Mr. Esposito. Therefore, I will not deal with any discovery issues at the tirne of the pre-hearing conference and expect that all outstanding discovery rnatters have been resolved and that counsel are prepared to advance a list of the assets comprising the marital estate and values for those assets. A complaint in divorce was filed on November 16, 2000, raising grounds for divorce of irretrievable breakdown of the rnarriage. No econornic claims were raised in the complaint. I assume that there is no issue with respect to grounds for divorce and that the parties will either sign affidavits of consent or one of the parties will file an affidavit under Section 3301(d). Mr. Andes filed on behalf of the Defendant a petition for economic relief raising economic issues of equitable distribution, alimony, alirnony pendente lite, and counsel fees and expenses on January 8,2001. " . 'of _ _ _," c..' _'~-,~",,-i. '<' ;,.,-,.- . --'~-'j-i " , Mr. Esposito and Mr. Andes, Attorneys at Law 27 November 2002 Page 2 In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, December 20, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-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. -J._~ . . , .... , LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court for economic relief based upon the following: COUNT I EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE. Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 17. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expense of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in this litigation of this action. Date: / ;/; 7/tJ() I / ~a ,(~?J BARBARA A. BROTHERS ~ Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 :c' L ,~".;.., , ,,. ". ai!!' q/~~~62..Te- LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 8114 CIVIL BARBARA A. BROTHERS, Defendant IN DIVORCE TO: Paul J. Esposito Attorney for Plaintiff Samuel L. Andes , Attorney for Defendant DATE: Tuesday, August 14, 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. I certify that fonnal discoveI}' is complete. The p3.rties will need to update statements and other exhibits to obtain current values prior to the hearing but we believe that can be done without fonnal discoveI}'. --2J ~~...i' ~< D TE ~FO;:MJ;); ~ COUNSEL FOR DEFENDANT C><') 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. -"-"-"", ~ Commonwealth of Pennsylvania County of Cumberland, ss: LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vS. NO. 2000-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE Motion for Appointment of Master Barbara A. Brothers, Defendant moves the court to appoint a Master with respect to the following claims: (XX) Divorce ( ) Annulment (XX) Alimony (XX) Alimony Pendente Lite (XX) Distribution of Property ( ) Support (XX) Counsel Fees (XX) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the c1aim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action personally by his attorney, Paul J.Esposito, Esquire. 3. The statutory ground(s) for divorce are: divorce, distribution of property, alimony, alimony pendente lite, counsel fees, costs and expenses. 4. Check the applicable paragraph(s). (XX) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days. 7. Additional information, if any, relevant to the~" ~ f. f11~~'''''t- 2-W~ _~,,_ Q Date I L. Andes Attorney for Defendant AND NOW, 4v-~ 7 2002, . E ~.~~ Esquire, is appointed Mas with respect to the following claims: divorce, distribution of property, alimony, counsel fees, alimony pendente lite, and costs and expenses. flJ. ~ -. >- ,~) ~: ~ ('-...l >::; Z M ;:) wf~ n~ o.~ r::JL;, o:~d. ~:: <, 't ' Cl.... O~ 6!- 6Q ...0 ~~ L:~ l.UC~ I Ef~ '-" turn :::> COn... }-, c:t :-~ U- N ::) 0 0 0 1" ~ , "I ,i . iW p i; ,~,- ",0." ...._'u. -,~-- F1LED-OFP('t- ("'~ T'I"- _, . 1\..1 "Jt. ,h- ;-,!:.('Y:~"':I"\\~("'-I '.RV ," ",',_.'_ ,,)i1j,.) p, I 02 ALlG -7 M\ II: 26 CUIviBb'1LAr'JD COUNTY PENNSYLVANVI " _, ,-", ',,",'. "',,,,,,,,,",," ._... . .,-,. P'!:,.."" ,,"f ~.,"""',..~ 0, ,,.Ali tOfl"'C) ~ _'.~J 8-7-0A. l' ~ .~fil'fl'~~~~~~~ ~',!. ~~ , ' "..." ',,',. % /, ~ I, ."'" .. --- ~. ';- "-. -~,,'~- ~ " ~,' " ,r.;~"-".._,I'. " , -'w''';'- ;' ,'. '>~"~;" ~J:-;.. - "" ,-,' ',_,,'_.' '-:,--:,J~,:\; ~:~__c:-<~;:\~-;;_:~ ,Y_'.""" . .,,-;; SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 8 August 2002 FAX (717) 761-1435 E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Larry G. Brothers vs. Barbara A. Brothers No. 2000-8114 Dear Mr. Elicker: I represent the Defendant in the above matter. Paul Esposito, Esquire, represents the Plaintiff. The parties have been separated since October of 2000 and, although it is clear they are not going to reconcile the save the marriage, they have not been able to agree upon an economic or financial settlement. Because of that, I have filed a motion asking the court to appoint you as master in the case so that we can attempt to resolve the economic issues with your assistance. I enclose a copy of the motion. At this point, the parties have not filed consents and they have not been separated for two full years. However, I expect the parties will sign consents prior to any hearings and, if, they will not, I expect a two-year separation will have been completed by the time of your final hearings. Rather than postpone the proceedings any further until those documents are filed or that time has passed, I request that you commence your process so that we can move the case toward settlement or, if necessary, a final hearing. I have sent a copy of this letter, and my motion, to Paul Esposito, and I am certain you will hear from him if he objects to this procedure. Sincerely, Ie Enclosure cc: Paul J. Esposito, Esquire , . LI ~" ,I "' .~;- Commonwealth of Pennsylvania County of Cumberland, ss: LARRY G. BROTHERS, Plaintiff vS. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. BROTHERS, Defendant NO. 2000-8114 CIVIL TERM IN DIVORCE Motion for Appointment of Master Barbara A. Brothers, Defendant moves the court to appoint a Master witB ref]iiiect ~ the -? following claims: -0 Go ~ '-='__ q;Jf.\ ~~ ~lF (XX) Distribution of e;.&pertpji!~ ( ) S -<"" =lQ upport r:::;,._" -0 -,--" ~ " :-;:-1'1 (XX) Counsel Fees $"'::, --0)",,,,6 ~(_; .;-.-rn (XX) Costs and Expefi"sll:s S:? S 0::1 ,-" ~ -':... (;-.) -.<.. (XX) Divorce ( ) Annulment (XX) Alimony (XX) Alimony Pendente Lite and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action personally by his attorney, Paul J. Esposito, Esquire. 3. The statutory ground(s) for divorce are: divorce, distribution of property, alimony, alimony pendente lite, counsel fees, costs and expenses. 4. Check the applicable paragraph(s). (XX) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days. 7. Add"',"" 'o'''m'''''o. If '"Y. ,,',"'"' "'~~) n Lr::kl(! ,,(5,:1- ~2-_ ~~___~ D~ ~L~ Attorney for Defendant AND NOW, 2002, Esquire, is appointed Master with respect to the following claims: divorce, distribution of property, alimony, counsel fees, alimony pendente lite, and costs and expenses. BY THE COURT, J. LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE MOTION FOR ALIMONY PENDENTE LITE AND NOW comes the above-named Defendant, Barbara A. Brothers, by her attorney, Samuel L. Andes, and moves the court to enter an order granting her Alimony Pendente Lite on the claim for such as raised in Count IV of her Petition for Economic Relief previously filed in this matter, a copy of which is attached hereto and marked as Exhibit A. Date: 5\)~,\A~" 200 , , ~ Sa I L. An es Attorney for Defendant Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 . . :,1 ,.1 - ^' " ,;....-~, ~~~il-~ " LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court for economic relief based upon the following: COUNT I - EaUIT ABLE DISTRIBUTION OF MARITAL PROPERTY 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III - ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to ....I. ~.-I , "'-'I .-,.,',' " ,--, . support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 17. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expense of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in this litigation of this action. Date: /;2/;" 7 /rJu / / /) f "',,>1 ~ {;?-<-15~~../ BARBARA A. BROTHERS ~ Samuel L. Andes Attorney for Defendant Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 . ~ --. >~ ~"'. , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY G. BROTHERS, Plaintiff NO. 008114 CIVIL TERM vs. CIVIL ACTION - LAW BARBARA A. BROTHERS, Defendant IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Barbara A. Brothers ADDRESS P.O. Box 401 Enola, Pa 17025 BIRTH DATE August 23, 1945 SOCIAL SECURITY NUMBER 211-40-5742 HOME PHONE 766-2689 WORK PHONE 909-0710 ext. 103 EMPLOYER NAME National Sexual Violence Resource Center EMPLOYER ADDRESS JOB TITLE / POSITION Information Specialist DATE EMPLOYMENT COMMENCED Summer of 2000 GROSS PAY $27,000.00 per year NET PAY $700.00 every two weeks OTHER INCOME ATTORNEY'S NAME Samuel L. Andes, Esquire ATTORNEY'S ADDRESS 525 North 12th Street Lemoyne, PA 17043 ATTORNEY'S PHONE NUMBER 761-5361 ~'i . , . RESPONDENT NAME Larry G. Brothers ADDRESS 756 Old Quaker Road Lewisberry, PA 17339 BIRTH DATE July 26, 1943 SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME Leonard Brothers & Sons Plumbing & Heating EMPLOYER ADDRESS JOB TITLE / POSITION DATE EMPLOYMENT COMMENCED More than 10 years ago GROSS PAY $50,000.00 or more NET PAY Unknown OTHER INCOME ATTORNEY'S NAME Paul J. Esposito, Esquire ATTORNEY'S ADDRESS 320-E Market Street Harrisburg, PA 17101 ATTORNEY'S PHONE NUMBER 234-4161 MARRIAGE INFORMATION DATE OF MARRIAGE March 18, 1961 PLACE OF MARRIAGE Lewisberry, Pennsylvania DATE OF SEPARATION late October 2000 ADDRESS OF LAST MARITAL HOME DESCRIPTION OF DOCUMENT RAISING APL CLAIM DATE APL DOCUMENT FILED I~ ^ .~~ 01____, .. , .~:! LARRY G. BROTHERS, PlaintifliRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE BARBARA A. BROTHERS, Defendant/Petitioner NO. 00-8114 CIVIL TERM IN DIVORCE DR# 30349 Pacses# 315102977 ORDER OF COURT AND NOW, this 17th day ofJanuary, 200, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Februarv 6. 2001 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stobs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Petitioner < Respondent Samuel Andes, Esquire Paul Esposito, Esquire Jj (] /Ii f '-:~ I' ~. ii".l i......~...4 " . . R. . Shadday, Conference Officer Date of Order: January 17, 200 I YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 ~~~liL~Ji!!~~~tit~~'.u~cillictii,titkli~~&ill:~&M~'liil~,-lii#!\illiil-~.lIl,-ii1 --.""-""o.J"__Ulii~""~~ ~'!itlll.ml1':ltjll;llililjai~5I! ~'-' iH!iJi!l;flli!'~o'<l:I .-,= - :~ -2' Ii I I I I', i: I ! I i: 0 0 0 ~ ~.h ii~ '- ..-j :... :c ." ;:: r'l'- i): -rJhl 2: 0;) ~t:fO , C) L -0 '-.10 :r -. ::II: g~ z:- -m .. ?5 '" .::- -< .. ., . .,'",- ~ , ~ ~ ~~" .....i~~ "",,_, DR 30349 PACSES ill 315102977 LARRY G. BROTHERS, Plaintiff/Respondent vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW BARBARA A. BROTHERS, Defendant/Petitioner : NO. 00-8114 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of February, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,356.22 per month and Respondent's monthly net income/earning capacity is $2,146.63 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $466.00 per month payable monthly as follows; $466.00 per month for alimony pendente lite and $O.OOon arrears. First payment due on or before the 20th day of each month. Arrears set at $782.00 as of February 7, 2001. The effective date of the order is January 5, 2001. This order includes an additional $150.00 per month for one half of wife's costs for insurance through a cobra program. Husband is given credit for $150.00 for the month of January, 2001, as costs had not commenced. The remaining balance of$782.00 is to be paid on or before February 20, 2001 and thereafter by the 20th day of each month. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.s 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Barbara A. Brothers. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PASCDU P.O. Box 69110 Harrisburg, PA 17106-9110 r'O' " II II il 1'1' !, [;1 i:\ Iii III I,'.j", !; I I, !:j ," il-! i,l 1'1 i.',' 'I [;) :1 i~1 1',1 ,:: ,. I~' x~j~ """ "! EMOC~ w$~~~4,~,l!lIl_~ . 'T') 13 Q \ r (\"~ - n"_ fl, .,~ ~:~ 1;'18 '. ' '1('" 'I 'fV 1"\, 1:J..IP;:-'t"'i' t",_ lh,,/'.}'\ i I VI..Jlvd...l\'-' .\..: ' \11\ PENNSYLVI~\\~lh ~.,. . """". ~ 'CO'< ,~K~~.~~iO'i~"<"i<#""'''';''1!1"~RJ,''n#{~'~i~fi,ijj;ij~'!f~~ ,;-"- - ~ ~IL -,-. Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. This Order shall become final ten days after the mailing of the notice ofthe entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on ;2,,/02.01 to: < Eb BY THE COURT, Petitioner Respondent Samuel Andes, Esquire Paul Esposito, Esquire ~ Edward E. Guido 1. - - LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 1~ '^'^r day of 2002, upon consideration of the attached Petition for Interim Relief, a Rule is hereby issued upon the Plaintiff to show cause, if any he has, why the relief requested therein should not be granted. Rule returnable do days from service upon Plaintiff's counsel of record. J. Distribution: /Paul J. Esposito, Esquire (Attorney for Plaintiff) P.O. Box 1268, Harrisburg, PA 17108-1268 :> t~ aU Q.6-07-1SI R"X,S ...samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, Pa 17043 ! , - " ~ ," .,'~ '~,'-' T_.'''''~' ...-' ,,'-,," ,l,~"".,,,,, '-' -~ "" V,'.'; '1 . "')"" " " <<,,/'", 3: ',It. '\ ".\\'i , ~ ,,";"i U,,j.,)I'1 ",.:__-,,',""i\.Y'., ~~ 1~1 \\1\ ("_\ 1\'>" .,;..-,' ",'\!I\ '_\",lr'\ VI"; '.'~ -t- \~,,\'::)\\,;..I ' ,?\::..i'.',\'-i' ~- , J~OO1iiJ ~~~~~~~""-_-~'~'~_'. ~, "",,,~ ~-~-:, - LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION. LAW NO. 2000-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE PETITION FOR INTERIM RELIEF I. AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court for interim relief, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties separated in October of 2000 and have lived separate and apart since that time. The parties are not going to reconcile and the marriage is over. 3. Since separation, Plaintiff has been in complete control of virtually all of the marital assets, which include: A. The former marital residence which consists of a home located on approximately 17 acres of land and which has a value of at least $215,000.00 and against which there are no liens. B. A building lot next to the marital residence which has a value of at least $45,000.00, against which there are no liens. C. A commercial building at which Plaintiff operates the business that he and his brother own. Plaintiff inherited his one half interest in this property but the increase in value during the marriage, of Plaintiff's one half interest in that property, is at least $49,000.00. D. Certificates of deposit, savings accounts, and other accounts in financial institutions which Plaintiff holds in his name alone or otherwise controls and which have a total value substantially in excess of $62,000.00. E. Individual retirement accounts held by Plaintiff alone which have a value ih excess of $13,000.00. F. Retirement accounts held by Defendant, which consist of an unmatured account with the Public School Employees Retirement System, ,-,.-C"S-'- "~' '--'-.'---"' ,#0 which has a current value of approximately $15,000.00, and an IRA which has a value of approximately $670.00. G. Cash proceeds of timber which Plaintiff sold from the marital real estate after separation and for which he has not accounted to Defendant. Defendant does not know the amount of the proceeds of the sale of timber but believes that the sale proceeds were approximately $20,000.00. Since the parties separation, Plaintiff has exclusively enjoyed the control and benefit of the above assets, with the exception of the retirement assets in Plaintiff's name, which are not available to her. 4. Although Plaintiff pays a modest amount of alimony pendente lite, the amount of that award is not sufficient to meet Defendant's financial needs. 5. Defendant needs access to a portion of the marital assets to meet her financial needs and to meet the financial burdens of this litigation. Without access to a portion of the marital funds, she will not be able to prepare this case for settlement or litigation or to properly press her economic claims in the divorce action. 6. To date, Plaintiff has refused to make available any portion of the marital assets to Defendant. Defendant believes that Plaintiff is attempting to force her to make concessions in settlement because she is unable to afford to properly present and litigate her rights. 7. Without access to a portion of the marital funds and assets, Defendant is not able to engage an attorney or other expert and is not able to properly protect her rights in this litigation. WHEREFORE, Defendant prays this court to order a partial distribution of the marital investment accounts or the sale of some of the marital real estate to raise funds to permit her to properly present, defend, and litigate the economic claims in this case. s,~i2J1 Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 '--''-''-.'-, , -", ~, .'"-'- VERI FICA TION I verify that the statements made in this Petition for Interim Relief are true and correct. I understand that any false statements in this Petition for Interim Relief are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: -'I-,f( t -d '2:.-- A~h 0: &4;; BARBARA A. BRonfERS - II ~';;, "" -, .~. ,..^C ", ~,~, "'_~~. "U"-..;,........,,"~~~l."" q "",-. . "^ ,,< '"~, ~" ~_.-_"r.J.-><:__'k_,_",;:_''.l:E ii"" ,', ';-'i."__;" - ,- ~, ,~ .~" ,> C) 5::; \:7C{1 en!'-'-! ....-:::. -'. LI" ~;c.:'.> ~-'"-, ~~: -7 =2 , "'~'.',., '>'r'~";i ,~"j 1"-,.1 , I r<> ~ C1 '-H ;;:::~ " ~~') rT1 -.-i "po.. ':v -< (.~ . .,. ,"~-, .- .... -.-"_ ",-..",., -"-I~- n_.'~.'" _,,. '.', .'" -.. _,_-~" ~~''''ci.'i~~"-__''- con," " - -,- 1;:,<, j-- ;--"-.. ""~,-" . .r_-._i'_-,-;--,__/'~;,;,,:__;..;0;,"--"',_;,;> ~,,~,f..;;';;-iill.;,;;,;~;.._~; ':;" __or. - -;. ._'-,/. ;,:{;; GOlDBERG. KATZMAN & SHIPMAN. P.C. Paul J. Esposito, Esquire Supreme Court ill #25454 320 Market Street. P.O. Box 1268 Hanisburg,PA 11108-1268 Attorneys for Plaintiff LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION FOR INTERIM RELIEF 1. Admitted. 2. Admitted. 3. Denied. It is specifically denied that Plaintiffhas exerted complete control of virtually all of the parties' marital assets. To the contrary, Plaintiff has preserved and maintained the parties' marital assets for their mutual benefit. A. Defendant voluntarily vacated the marital residence, which consists of a home located on approximately 8.3 acres. Plaintiff did nothing to force her to leave and, in fact, did not want the separation. Plaintiff has continued to reside in and maintain and preserve the marital residence without contribution from Defendant. The property has been professionally appraised at Plaintiff's expense, $1,150.00, as part of his effort to reach a prompt and final distribution of this and all other assets of the parties and a comprehensive resolution of all economic issues presented by this case. ~. = < ~ ~'-"" "IT4-'" ,., - ',- c. -" ~-,,--, ;-,~> >~..c.,'"_._"''''' "~'.'~'~",;";'~o-;;" ,", <_, ,,'_ .~"', ,-- _." -~ --;",.C,_::;', ,__" _ ''''~' '",;~..j"1 - ..;-, ,,,,...,,,;,,:,.-,_'0, ';',*,.J:'__-C0.,,",:';;i:~'-A;,--.?;"1~"- ~;;;c,;'o<,;",', '%:>iJ' ";~,:,_,__ ,- 0'-' -t";;'~;;:-"1 B. Plaintiff has never denied Defendant access to the building lot. This lot has also been appraised at Plaintifr s sole expense. C. As Defendant states, Plaintiff operates the business of which he is part owner with his brother. This real estate has also been appraised at Plaintifr s sole expense. The value ofPlaintifr s interest subject to equitable distribution is approximately $25,500.00. D. The Certificates of Deposit and other financial accounts have been maintained and preserved by Plaintiff, some of which are his non-marital property. E. The IRAs are not accessible at this time without incurring adverse tax and penalty implications. F. Plaintiff acknowledges Defendant has a PSERS retirement and an IRA retirement account. G. Plaintiff has made a full accounting to Defendant for the proceeds from the sale of the timber. The Contract for Sale was entered into prior to separation. The down payment of $480.00, which was ten per cent (10%) of the total contract price, was received prior to separation. The balance of $4,320.00 was received subsequent to separation and deposited in an account at the Drover's Bank. Plaintiffhas never excluded Defendant from the assets which he has maintained and preserved since separation for their mutual benefit. 2 .~. ,"~ ' j'''-''- -'> = -- ~ ".~-.. "'-"-"-",. '--",,- ~-o--h . '."" ""_ ,;;\.".,,-.., '-'.;,:,.>- . "_;,".: ".i -,__~^-_ <""';'i 4. Denied. On February 7, 2001, the Honorable Edward E. Guido issued an Order directing Plaintiff to pay to Defendant the sum of$466.00 per month for alimony pendente lite, which includes $150.00 per month toward the cost of Defendant's medical insurance coverage. An additional payment of$782.00 was made by Plaintiff to Defendant in February, 2001, on arrears, as a result of the retroactive application of the Order. Plaintiff has reason to believe that the amount of alimony pendente lite being paid is more than Defendant may be entitled, due to an increase in her income since the entry ofthe Order. Plaintiffis without knowledge as to whether Defendant is unable to meet her financial needs, and proof thereof is demanded. 5. Denied. Proof is demanded. Further, Plaintiff has made two comprehensive offers to settle this matter, including a very substantial cash payment, neither of which has been accepted by Defendant. 6. Denied. It is specifically denied that Plaintiff is attempting, in any way, to force Defendant to make concessions in settlement. To the contrary, Plaintiffhas made fair offers to settle, provided voluminous information sought by Defendant and paid for appraisals, all in an attempt to reach a settlement without protracted litigation and legal expenses. 7. Denied. Defendant has been ably and vigorously represented in this matter. Equitable distribution will give her considerable assets, many of which will be liquid and from which she can pay her legal expenses. A partial distribution would be inappropriate and would give Defendant less incentive to settle than she has exhibited, particularly in view of the support she has been receiving from Plaintiff since February, 2001. 3 J " _ _ _-,"-'~, '0","_'_ _' --o~''''''-.-;.;-'- "'~ + -3- ""__,~.; " ~- V "'r"',;,,;.C:'-:,"-.C;';-. - '-. -,,, ~< = '-. ---'~,,, .> h: _,;-, n_ i! "-j';> '> ,~,.;,-';';-:. -,- - :;:-;_::';;::;-_\,'~;-,;'-_~S~-;:.:_-,__., -, ,C__, ""'j WHEREFORE, Plaintiffrespectfully requests that the Defendant's Petition for InterimRelief be denied. GOLDBERG, KATZMAN & SIllPMAN, P.C. By: ~ Paul Esp ito, Esquire Supreme Court 1.0.#25454 320 Market Street - Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DATE: "'l'AJ ao , 2002 -~ ,.~ ~.-,,-,-, - --"-~- ,<;,,- .-,~' . --',<---, .' -""~-";,,,,,,,-,,,..I -'--,,,,, - -2"~&-", '-"c,..",,_,~~-~ <',,-,-<,,,;... 'if;("-.ci":";:;k,":;"".;:GjC-,>-v-'-'-"-'-~,_,V_,,,~_,_ ,--"~ ;;'lfbi VERIFICATION I verny that the statements contained in the foregoing RESPONSES TO PETITION FOR INTERIM RELIEF are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. "'" ~ /7, ,gb02 ~ i!.,t::;MdA4.J LARRY G. ROTiIERS . e',. _, ,,-,,',,--C_-~' '''''--,-.w.l''c'' "'-"'0 'J'-" ,. e.'_'".,,,,, . ,~"'''''='",,,,.,~~, ~"''''-,,-' ,<~ _. ,,' -e',,-, '4 - - ~;",~- "'--:-~ ", I - - - ~ ,'-'- ,-, ., -&-, . . CERTIFICATE OF SERVICE On this OOIP day of May, 2002, I certify that a copy of the foregoing PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION FOR INTERIM RELIEF was served upon the following counsel of record for Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~QUmE 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ill #25454 Attorneys for Plaintiff 79367.1 a" ,'c ,^,,,",,,",, ""-', " ,,-,' -~~,~~~""","""-,,,,,, ,,,.. "~,,,<~~." '-c ~""-- ,"",,_ ..-,,' ",-,,;"-' , ~.,'" '.<__",<u"_ - - ~-' .".-;;' ""', ','-~.. "-, . --,",,',,'," -"'h."""'-' o ~~ ~f'; ~:~:' ~t~" -s; ;__- C-- '...." ~f; z ..~ -( '.". e. .," '. '.'''1 C:;. f".," " ['-v -T. ':';) ~,,:::i .....;; ~'-,..., =< J OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951,2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. Russo MICHAEL J. CROCENZr THOMAS J. WEBER STEVEN E. GRUBB JOHN DELoRENZO JOHN R. NINOSKY ROYCE L. MORRIS DAVID M. STECKEL HEATHER L. PATERNO 89080.1 . _', _-'" ','-,'A',o;:, ,- ,.,'- - '" ,,;-,,,-,_._, ~---i-,-~'-, ~~-c.~ -"'--~,_ ;~,-; 320 MARKET STREET. STRAWBERRY SQUARE P.O. Box 1268 . HARRISBURG, PENNSYLVANIA 17108-1268 717.234.4161 . 717.234.6808 (FAX) GOLDBERG, KATZMAN & SHIPMAN, P.C. ATTORNEYS AT LAW December 19, 2002 E. Robert Elicker, II Office of Divorce Master Attention: Tracy Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Brothers v. Brothers Cumberland County Docket No. 00-8114 Civil Term Dear Mr. Elicker: Enclosed please find the following: 1. Original and one copy of the Inventory and Appraisement of Larry G. Brothers. 2. Original and one copy of the Pre-Trial Statement. Please time-stamp the extra copies and return them to me in the enclosed envelope. By copy of this letter to Mr. Andes, I am furnishing him with copies ofthese documents. If you have any questions regarding the enclosures, please feel free to contact me. PJE/rkr Enclosures cc: Samuel L. Andes, Esquire (With Enclosures) Larry G. Brothers (With Enclosures) CARLISLE OFFICE: 717.245.0597 . YORK OFFICE: 717.843.7912 p, '---"- .", v"~~i " GOLDBERG. KATZMAN & SHIPMAN. P.C. Paul J. Esposito. Esquire Supreme Court ID #25454 320 Market Street. P.O. Box 1268 Harrisburg,PA 17108~1268 Attorneys for Plaintiff /rr I'tD ,b'Yf LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant CIVIL ACTION - LAW IN DIVORCE PRE-TIDAL STATEMENT AND NOW COMES Plaintiff, LARRY G. BROTHERS, by his attorneys, Goldberg, Katzman & Shipman, P. C., and Paul 1. Esposito, Esquire, and files the following Pre-Trial Statement pursuant to Pennsylvania Rule of Civil Procedure 1920.33(a) and (b): 1. LIST OF MARITAL AND NON-MARITAL ASSETS. - See attached Inventory and Appraisement of Plaintiff. 2. EXPERT WITNESSES. - None anticipated. 3. OTHER WITNESSES. - Plaintiff anticipates no witnesses other than himself 4. EXHIBITS. (1) 2001 income tax returns; (2) Real Estate Appraisal Reports; (3) Pennsylvania School Employees' Retirement System Statement; (4) Deeds; (5) Timber Sale Contract; (6) Bank and credit union statements (Certificates of Deposit and checking . '..," ,- -" ~" '~ ." ~,~" - ,n """'~_ "__~,'-"",p'" ___ _""_~ .", _ _"? <~. -_ '" -"'"",, -'''_"''-'''-1""_-;';'',~,''"'~ ~."'",,-=_ ,~,_'c ' ,_ _ ;, -k _, '<; accounts); (7) IRA Statements. Plaintiff reserves the right to supplement this statement with additional exhibits as they are determined and become available. 5. INCOME STATEMENT. - See Income and Expense Statement of Plaintiff attached. 6. EXPENSE STATEMENT. - See Income and Expense Statement of Plaintiff attached. 7. PENSIONS. - Plaintiff has no pension or retirement benefits, nor does he participate in any pension or retirement plan. To the best of Plaintiff's knowledge, Defendant has a retirement benefit through the West Shore School District Teachers' Retirement Plan. The value for equitable distribution purposes is unknown; however, as ofJune 30, 2000, Defendant's contributions and interest totalled $14,928.34. 8. COUNSEL FEES. - Claim filed by Defendant. 9. DISPUTED PERSONAL PROPERTY. - None anticipated. 10. MARITAL DEBTS. - None. 11. RESOLUTION OF THE ECONOMIC ISSUES. - (A) Defendant shall retain the 1995 Ford Explorer, her West Shore School District retirement benefits and her personal property, including jewelry. (B) Plaintiff shall retain the remainder of the parties' marital assets. (C) Plaintiff shall make a lump-sum payment of $175,000.00 to Wife upon 2 89028.1 *~c,-_, _., < ;';"J_. .. "....,""'_,_~'"""" 'co e',,-'"' --~-, "-, "'-- ~^ --,~- ,""~',-,!___~"'V_~_ .-~""'''_~ __, _, - -'1<"';;;~ entry of a final decree in divorce. (D) The parties shall retain their separate non-marital assets. (F) Defendant shall waive any right or interest in the marital assets which were transferred by Plaintiff subsequent to separation. (G) The parties shall waive and relinquish any other claims either may have, including alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses. (H) The parties shall be divorced pursuant to Section 3301(c) or, in the alternative, Section 3301(d) of the Divorce Code, as amended. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.c. By P~QUlRE 320 Market Street, Post Office Box 1268 Harrisburg,PA 17108-1268 (717) 234-4161 Supreme Court I.D. #25454 (717) 234-4161 Attorneys for Plaintiff . co:' ",- -.- ,---:.:",,'" - - ~,- ,""-;--;'- -~~-,- _ cC-.'_"'),.. , ',;0 'J :'-..I"-",'~--'':"",;",-'''",;- -:-F-!!---.'-c,,-<;:".s.:_' ;""--_'___'" "~~""'. -;';f-ifi';;"ib':->~"" ,~-; ~_ ," ,,~ ',,:.j " GOLDBERG. KATZMAN &. SIllPMAN, P.C. Paul 1. Esposito. Esquire Supreme Court IP #25454 320 Market Stre~ P.O. Box 1268 Harrisburg,PA 17108-1268 Attorneys for Plaintiff LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant CIVIL ACTION -LAW IN DIVORCE Income and Exnense Statement INCOME STATEMENT OF LARRY G. BROTHERS I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa.C.S, 94904, relating to unsworn falsification to authorities. VU. 19:ZM)2 a'<~~t3.~ Date I Plainti Income: Employer Address Type of Work Payroll No: Gross Pay per Pay Period $ Pay Period (wkly., bi-wkly, etc.) Itemized Pay roll Deductions: Federal Withholding $ Social Security $ Local Wage Tax $ State Income Tax $ Retirement $ Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ Other Deductions (specify) $ $ $ $ $ Net Pay per Pay Period $ . ~. --- - ,~, "-," --4"', ,-,,-- ~- _ '_'_, , . -"_,:,,, _;.. - _,- - ~'__ ,_~ .~.__ ,- ~ -',k,O' ;"'" .;,,- -,;;;-" _'~' -->_~-.i:''''~';J."J_ -,,,- ,_~"",,,, ';~':;~";-.J.-,,;,;.,-,...";,f,<;;,,:,;,"- -- - - '~,i"'0"-'S,,'r'~'-ciI_ ,"X';'::::i: OTllER lNCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Conlpensation Workmen's Compensation IRS Refund Other. Self-Employment 2,671.25 32,055.00 - gross income - Partnership - Larry and Robert Brothers Partners Other - Interest, 350.83 4,210.00 Dividends and Capital Gains TOTAL lNCOME $ $3,022.08 $36,265.00 EXPENSES WEEK MONTH YEAR Home MortgagelRent $ $ $ Maintenance 41.67 500.00 Utilities Electric 108.33 1,300.00 Gas Oil Telephone 29.17 350.00 - ~ - . ~ ~ ~ N~ ,~-' ,_- -= .-- -.-~," ;..~-"",~~-=....--..,~"-,,,"- -- ~.-"~. -'"~'- '';''=T-"~,---^,,-,"'''',,,_,'--_i ',,- ';'-~""-'1 .' EXPENSES (cout'd) WEEK MONTH YEAR Water $ $ $ Sewer Employment Public Transportation $ $ $ Lunch Taxes Real Estate $ $264.30 $3,171.55 Personal Property 34.30 411.60 Income (Federal Income 709.58 8,515.00 Tax) P A Stale Income Tax 84.67 1,016.00 Local Income Tax 26.71 320.55 Insurance Homeowners $ $28.33 $340.00 Automobile 56.17 674.00 Life 26.83 322.00 Accident Health 375.00 4,500.00 Other Automobile Payments $ $777.00 $9,324.00 Fuel Repairs Medical Doctor $ $16.67 $200.00 ~ -,.. . . .- ,~~,'" "" ~-'''-~--,",-#''''~.-''''''"",.-"..;,;; '-' ,;: "C,",,," '!l.";_~ ~f -"~:_''< '~, " , . ,:0 ,,1,,_":" , v.,",. ",:.,;,~,~,j,;;;;~hv;..,~,i;r.i(,,=:~~' -,-. ,'- ",",-,,,,:',<i> fL~.ji'h,,:<,ji_~,.,- c EXPENSES (cont'd) WEEK MONTH YEAR Dentist $ $32.08 $385.00 Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $37.50 $450.00 Food 250.00 3,000.00 Baroer/Hairdresser 8.33 100.00 Credit Payments Credit Card Charge Account Memberships Loans Credit Union $ $ $ Miscellaneous Household Help $ $133.33 $1,600.00 '<-" C-_'_"", ,',,,_;c:',,'- -' ',~-,,-. "I'~-<".'-"""- ,;..;~'""-',~-,'''''',,,,,,-,:;;_=:,~-~-,,, "~" -"""',, ---t" -<,-,'_ ',-;,'::,..\,,,:-,,,,;1-, _._'_.<",,,:;,,,,,,,,,,,,,,-;.,,',__.-..-,-_:-, c,;,:;;",';" ,~,:_""",',,;c...:fu-""::.;,>,t..:<,..? , " e-_ ""'_:"', EXPENSES (cont'd) WEEK MONTH YEAR Child Care $ $ $ PapersIBookslMagazine Entertainment Pay TV 36.83 442.00 Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony Payments 466.00 5,592.00 (APL) Other $ $ $ TOTAL EXPENSES $ $3,542.80 $42,513.70 :. - ,,,,,-,,,,--. I, , -,,-.,." ,. ...." 'Jl~ _" ,-. - - ~ - SCHEDlJLE K-~ Partner's Share of Income, Credits, Deductions, etc. OMS No. 1~45-0099 . (Form 1065) .. See separate instructions. ~@01 Department of the T(easulj' Internal Revenue SerVice For calendar year 2001 or tax year beginning .2001. and ending I 20 Partner's identifying number ~ 199-34 8197 Partnership's identifying number ~ 23 6451217 Partner's name, address, and ZIP code Partnership's name, address, and ZIP code Larry Brothers 756 Old Quaker Lewisberry, PA Road 17339 Larry & Robert 757 Potts Hill Lewisberry, PA Brothers Road 17339 Partners A This part~er is a ~ general partner 0 limited partner o Iimit$:lliability company member B What type of entity is this partner? ~ ~ll.~.1h;9.:-i:i:l:\""o' C . Is this partner a 0 domestic or a 0 foreign partner? F Partner's share of liabilities (see instructions): Nonrecourse. $ ...............,.... Qualified nonrecourse financing $ .................... Other . . . . . . . $ ......,............. (ij 8efor~ change (iij End of or termination year G Tax shelter registration number. .. _.....__.._._...._........ DEnter partner's percentage of: Profit sharing. . . Loss sharing . . Ownership of capitai E IRS Center where partnership filed return: J Analysis of partner's capital account: ..~:?.. % SO % -_....--. % % ..~9... % H Check here If this partnership is a publiciy traded partnership as defined in section 469(k)(2). . 0 Check applicable boxes: (1) rAFinal K-1 (2) 0 Amended K-1 ........' % (a) Capital account at beginning of year (c) Partner's share 01 lines 3,4, and 7. Form 1065, $chedule M-2 (b) Capital contributed during year (a) Distributive share item u; ., o ...J - III E o (,) .5 1 Ordinary income 009S) from trade or business activities 2 Net income (loss) from rental root estate activities 3 Net income (loss) from other rental activities. 4 Portfolio income (loss): a Interest b Ordinary dividends . o Royaities. ....... d Net short-term capital gain Obss) e (1) Net long-term capital gain (loss). (2) 28% rate gain Ooss) (3) Qualified 5-year gain . 1 Other portfOliO income Ooss) (attach schedule) 5 Guaranteed payments to partner . . . . 6 Net section 1231 gain (los9) (other than due to casualty or theft) 7 Other income Ooss) (attach schedule). . . 4a 4b 4c 4d 4e(1) 4e(2) 4e(3) 41 5 6 7 Charitable contributions (see instructions) (attach schedule) Section 179 expense deduction. . . . . . Deductions related to portfolio income (attach schedule) . Other deductions (attach schedule). . . . . 12a Low-income housing credit: (1) From section 42(j)(5) partnerships (2) Other than on line 12a(1). . . b Qualified rehabilitation expenditures related to rental real estate activities . . . . c Credits (other than credits shown on lines 12a and 12b) related to rental real estate activities. d Credits related to other rental activities 13 Other credits. . For Paperwork Reduction Act Notice, see Instructions for Form 1065. , 8 (,)., :I t: 9 'tIo c!l +:: 10 11 .l!l '5 ~ (,) (d) Withdrawals and distributions (b) Amount 1 2 3 3Y~S" I;;' '-I ~,plDo\) 8 9 10 11 12c 12d 13 Cat. No. 11394A (el Capital account at end of year {combine columns (a) through (d)) (cl 1040 filers enter the amount in column (b) on: } See page 6 of Partner's Instructions for Schedule K.1 (Form 1065). Sch. 8, Part I, line 1 Sch. 5, Part II, fine 5 Sch. E, Part I, line 4 Seh. D, line 5. col. (~ Sch. 0, line 12, col. (f) Sch. D, line 12. col. (g) Line 4 of WOTIIshee\ fur 5th. 0, ful, 19 Enter on applicable line of your return, } See page 6 of Partner's Instructions for Schedule K~1 (Form 1065). Enter on -applicable line of your return. $ch. A, line 15 or 16 } See pages 7 and 8 of Partner's Instructions for Schedule K-1 (Form 1065), } Form 8586, line 5 I See page 8 of Partner's Instructions iot Schedule K.1 (Form 1065). Schedule K-1 (Form 1065) 2001 16a Depreciation adjustment on property placed in service after 1986 b Adjusted gain or loss . c Depletion (other than oil and gas) . d (1) Gross income from oil, gas, and geothermai properties (2) Deductions aliocable to oil, gas. and geothermal properties e Other adjustments and tax reference items attach schedule 17a Name of foreign country or U.S. possession ~ .00..,........... b Gross income from all sources . c Gross Income sourced at partner level d Foreign gross income sourced at partnership level: (1) Passive (2) Listed categories (attach schedule) (3) Genera/limitation . . e Deductions aliocated and apportioned at ~artner leve/: (1) Interest expense ' (2) Other. . . .. . f Deductions aliocated and apportioned at partnership level to foreign source income: (11 Passive . . . . . " . . . (2) Listed categories (attach schedule) (3) General limitation . . . . . . . 9 Total foreign taxes (check one): ~ 0 Paid 0 Accrued . h Reduction in taxes available for credit (attach schedule) . 18 Section 59(e)(2) expenditures: a Type ~ ..........00..........00. b Amount .! 19 Tax-exempt interest Income 20 Other tax-exempt income. 21 Nondeductible expenses . 22 Distributions of money (cash and marketable securities) 23 Distributions of property other than money . . . . 24 Recapture of low-income housing credit: a From section 42OJ(5) partnerships . . . . . . . } Form ee11 Ii"" e b Other than on line 24a . ' 25 Supplemental information required to be reported separately to each partner (attach additional schedules if more space is needed): ~_" >' I Schedule K-1 (FoITJl1065) 2001 (a) Distributive share item - "- "'.. S'" -- "'''' "'- >= " 14a Interest expense on investment debts . b (1) Investment income included on lines 4a, 4b, 4c, and 4f (2) Investment expenses included on line 10 . 15a Net earnings (loss) from self-employment. b Gross farming or fishing income. c Gross nonfarm income. e~ 'l'E "',.. " " .,a ~ ~ ~ >- E ~.s ~ - !!l1l . = $ $ E ~ ;;;.!. ~ e :f.c.... '" Ql " {l c Cl .~ o L.L. ... Ql .:::: - o c o :;:l co E ... o ..... .5 1\j .... C Ql E '" a. c. ::> CIl ",-i, -~ ",_ _ "' .:...,,,~_ ~ J~ ,~" '.," '0 _Co" " _J ". " _ ,nl. 'e~,',_ j "~-~",,,_,,-, " _ ~"C' Page' 2 (c) 1040 filers enter the amount in column (b) on: (b) Amount 14a 14b(l) 14b(21 15a 15b 15c 16a 16b 16c 16d(1) 16d(2) 16e 3~o~ Form 4952, line 1 } See page 9 of Partner's Instructions for Schedule K.1 (Form 1065). Sch. SE, Section A or B } See page 9 of Partner's Instructions for Schedule K-1 (Form 1065), See page 9 of Partner's InstrUctions for Schedule K.1 (Form 1065) and Instructions for Form 6251. Form 1116, Part I Form 1116. Part II Form 1116, line 12 } See page 9 of Partner's Instructions for Schedule K-1 (Form 1065). Form 1040. line ab ] See pages 9 and 10 of Partner's Instructions for Schedule K~1 (Form 1065). 16b 19 20 21 22 23 .......................................,..............,..................,....,.............................................t.'......... ......................................................................................................................................... ................ ... ................ ...... ..................... ........ .......... '.'" ......... ..... ..~......"" --... ...... ...... ........ -..........-...-....-.......-..-......................................--.............................-.................................... ... ................ ............ .-. ..-.... ...... .~..... ....... '-. ................... .-........ ...-... .... ......... ........... -.... ........ -............................-.....-.......................-.................--...............-.....-........-........................... Schedule K-1 (Form 1065) 2001 E' U.S. Individual Income Tax Return Il(99) 0 IRS Use Only. Do not write or staple in this space. ~ Label for the. y98l" Jan. 1.~. 31, 2001,orcthert8xyaarbsglnr.ing' , . 20C 1, ending 20 OMB No. 1545-0074 L Your first name and initial Last name Your social security number (See A Larrv G Brothers 199:34:8197 instructions on page 19.) B If a joinl return, spouse's first name and initial Last name E Spouse's social security number Use the IRS L label. H Home address (number and street). If you have a P.O. box, see page 19. I Apt no. .. Important! .. Otherwise, E 756 Old (Juaker Road You must enter please print R City, town 01' post office. state, and ZIP code. If you have a foreign address, see page 19. your SSN(s) above. or type. E Presidential Lewwisberrv. PA 17339 Note. Checking uYesu will not change your tax or reduce your refund. Do you, or your spouse if filing a joint return, want $3 to go to this fund? ... ....~.... X Single Married filing joinl relurn (even if only one had income) Married filing separate return. Enler spouse's social security no. above andfuli name here.~ Head of household (with qualifying person). (See page 19.) if Ihe qualifying person is a child bul nol your dependent enler this child's name here. ~ 5 Qualifying widow(er) with dependenl child (year spouse died ~ . (See page 19.) 6a Yourself. II your parent (or someone else) can claim you as a dependent on his or her tax return, do not check box 6a b Souse c Dependents: (1}Firstname <-= 1040 Election C;.ampaign .... (See page'19.) ~ Filing Status Check only one box. Exemptions If more than six dependenls, see page 20. '. " '~ d Income 7 Attach 8a Forms W-2 and b W.2G here. 9 Aleo attach 10 Form{s) 1099.R if lax 11 was withheld. 12 il you did nol 13 gel a W-2, 14 see page 21. 15_ 16a Enclose, bul do 17 nolattach,any payment Aiso, 18 please use 19 Form 1040-.v. 20a 21 Adjusted Gross Income 110001 11-27-01 , ,;;:, ;,_1 ,1 I,^ 2001 1 2 3 4 ""' ,~ ..:.J _ You Yes [X] No '''''"'"'-'" ~_." -~ =~ )-:<,>, .' I Spouse DYes No Last I\ama (2) Dependent's social sectJritynumber (3) Dependent's relationship to you Total number of exemplions claimed ,,,.,, """... "." .""" ...".".."", .. ..",," ,,,....,, """,,' Wages, saiaries,tips, elc. Attach Form(s) W-2 "'''''"",,,,,,,,,,,,,,,,,,,,,,,, "",,,,,,,,,,,,' """""""""""" ~::~:~::::~~:~r::~: ~~~~~~Ii~d~i:~~~;r:: :::::::: :::::: :::::::::::.::.. i "iib i......,,,.,,....,,,,......,,... Qrdinary dividends. Attach Schedule B ij required ....""""""""."."""..." """""."" """,,''', ". """'" Taxable refunds, credits, or ottaets of stale and locai income taxes '''"""''',,,,,,'',, """, """""",,,,,, """ Aiimony received . """ .". ""'" .... ......",.",,,. "",,,,,,,,,, ",,,,,,,,,,,,,,,,, ,,,,,,,,,, ,... ...,.".. ,......"..",,,.,,,... Business income dr (ioss). Attach Schedule C or C-EZ ""."..""""....".""..,,,..,,,,,,,,.,,....,,,,...,,,,..,,.,,. Capital gain or (loss). Attach Schedule 0 II required. If nol required, check here ,..",,,,,..,.....,,, ~ D Oll1er gains or (losses). Attach Form 4797 """,,,,"'" ""'''''''""""" """",,,,,,,,,,,,,,,,,,,,,,,,,,,,,"",,,,, Total IRA dislributions ~ I b Taxable amount (see page 23) Total pensions and annuities ,,'''' ~I b Taxable amounl (see page 23) Rental real estate, royalties, partnerships, S corporalions, trusts, elc. Attach Schedule E ",.."",,,,,,,,,,,,,,, Farm income or (ioss). Attach Schedule F "",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"',,,,,,,,"",,,,,,'''...,,,''..,,, Unempioyment compensation ..."" ,,,. ".."...., ,,,..' ." '''''',,,,...,,.,,, ,,,.,.,,,,,,,,..,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,, Social security benefits ."."""" I 20a I I b Taxabie amount (see page 25) Other income. List type and amount (see page 27) . 22 Addlhe amounls in the farrlghl column lor lines 7 through 21. This is yourtotallncome ". .."...." ~ 23 IRA deduction hoe page 27) ,.........."...."""""."""",,,.,,,,,,,,,,.,,,,,, 23 ' 24 Studenlioan interesl deduclion (see page 28).",,,,,, ",,,,,,,,, "","'''"" 24 25 Archer MSA deduction. Attach Form 8853 ",,,,,,,, """",,,,,,,,,,,,,,,,,,,, 25 26 Moving expenses. Attach Form 3903 ",,,,,,,,,,,,,,,, """"'''""",,,,,,,,, 26 27 One-haifolseif.empioymenttax.AttachScheduleSE "''''",,,,,,,, ""'" 27 2 265. 28 Self-employed heallh insurance deduction (see page 30) "'" "",,,,,,,,,, 28 29 Sell-employed SEP, SiMPLE, and qualified plans "" """" "", "",,, 29 30 Penalty on early wilhdrawal of savings. """. ,,,,,,,,, '''''"""" ,,,,,,,,,,, 30 31a Alimonypald b Recipient'sSSN ~ 31a 32 Addlines23lhrough31a" ,," ,,,,,,,,,'" '" ",,,,,,,,,,, ",,,,,,,, ",..,,,,,,,,,,,,,,, "" "",,,,,,",,, 33 Subtraclline 321rom line 22. This is your adiusted oross income ~ lHA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 72. IQoal- '"I child for chj~taxcredlt (seepaga2D) No.ofbO.l(BS checkedon6a .nd" No. of your children0ll6c who: . lived with you ...L . did not iive with you due \0 divorce. or separation (see page 20) Dependentson6c notentete-dabove Add numbers ~ entered on lines above.... 1 7 8a 4 190. 9 10 11 12 13 14 15b 16b 17 18 19 20b 4. 16. 32 055. 21 22 36 265. 32 33 2 265. 34 000. For11'l1040t2(01) F~m'040(200'} Laq::v G Brothers 199-34-8197 Tax and'34 Amount from line 33 (adjusted gross Income) """"""""",,,.,,..,,....,....,,...,,,,,,.,,..,,......,,...,,,....,,..,.. Credits 35a Check it 0 Vou were 65 or older, 0 Blind; 0 Spouse was 65 or older, D Blind., ~:~~~nfor-I Add the number of boxes checked above and enter the total here .::.'......................,.......... .... 35a . People who L b If you are married filing separately and your spouse itemiZes deductions, or you were a dual-status alien... .._ .. 35b D ~~~c~~ka 36 Itemized deductions (from Schedule A) or your standard deduction (see left margin) ..................'h............ 0,35' Dr ~hO 37 Subtract line 36 from line 34 can beclolmed ............................................................................................................ os a d'pood,"' 38 If line 34 is $99,725 or iess, mumpiy $2,900 by the total number of exemptions claimed on line 6d. if line 34 is over $99,725, see the worksheet on page 32.".""...".""...".".".""""."..""""""."""..."."...."""""." 39 Taxabte income. Subtract line 38 trom line 37. It line 38 is more than line 37, enter -0- 40 Tax. Check if tax from aD Form(s) 8814 bO Form 4972.............................:::::..::::::: :: 41 Alternative minimum tax. Attach Form 6251 ."......."".....""....".".."..."..."......"..."".."".."..".... ""'" 42 Add lines 40 and 41 ..""....""".....".""..",........"".."""."......""........"."..",,, ......"....."...,,'.... ~ 43 Foreign tax credit Attach Form 1116 if required ......".".".............".",.."" 43 44 Creditfor child and dependent care expenses. Attach Form 2441 .".."""...... 44 45 Credit for the elderly or the disabled. Attach Schedule R "".. "."".".."'"...." 45 46 Education credits. Attach Form 8863 .......".... ."....."......""..... ....,,,...,,,,. 46' 47 Rate reduction credit See the worksheet on page 36 ,......"".."..""...""... 47 48 Child tax credit (see page 37) ...............'....".. ........".........'........,.......". 48 49 Adoption credit Attach Form 8839 .....,,,.,,......",,.....,,....,,.........."'....., ,,' 49 50 Other credits from: a 0 Form 3800 b 0 Form 8396 . D Form 8801 d 0 Form (specify) 50 51 Add ilnes 43 through 50. These are your total .redlts...........".........".."....."......".......". "...""."......,..." 52 Subtract line 51 from line 42. If ilne 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. Attach Form 4137 "........"..."'..,,..... 55 Tax on qualified plans, including IRAs, and olher.tax-favored accounts. Attach 5329 it required ".."."......."...." 56 Advance earned income credit payments from Fdrm(s) W-2 .."...",.."...."...."......"....."""...",,,...,,......,,,,. 57 Household empioymenttaxes. Attach Scheduie H ..".....",,,........,,........,,,,..,,..............,,.,,.....,...,,.,,,,,,.... 58 Add ilnes 52 through 57. This is your total tax """,,,.... ""... """""""""." "'"'' """..."" u" .." "," ~ Payments 59 Federal income tax withheid from Forms W-2 and 1099 ".".............."".".... 59 60 2001 estimated tax payments and amountappiled from 2000 return .........", 60 "yo,h.", ~61a Earned income credit{EIC) ........".........."..."........."..."........""""',,,... 61a a qualifying I ...~. I I d1"d.attaoh b Nontaxabieearned income"".".. L11!u SChad,'.EtC, 62 Excess sociai security and RRTA tax withheid (see page 51) ..."......."."....... 62 63 Additional child taxcredll Attach Form 8812....".."""..""...."...""......",,,. 63 64 Amount paid with request for extension to file (see page 51) ......""....".""... 64 65 OIherpayments.Gheckiftrom aOForm2439 bDForm4136......." 65 66 Add lines 59, 60, 61a, and 62 through 65. These are your total Davments ...."", ".... """.. .. "',," """" ~ Refund 67 If line 66 is more than line 58, subtract line S8from line 66. This is the amount you overpaid...",,,............,,.,,.. ~~;:it7 68a ~O~ti~~nt of line 67 you want refunded too yOu..........O..........hu.........Aiiounl........................................... .. See page 51 ..... b number ..... C Type: ChBcking Savings.... d number . ~~.':::.~ :~: 69 Amount otllne67 vou want aDo lied to vour 2002 estimated tax ...",,,, ~ I 69 I Amount 70 ~untyou o~btract ilne 66 from ilne 58. For details on how to pay, see paige 521""",,,,, """""..... ~ You Owe 71 s enaltv. Also include on line 70 '.......".."..".."""........"".". 71 95 . .......6.... . All others; SIngle. $4,550 Head of household, $6,650 Married filing icintlyor Qualifying widow(er), $7,600 Married filing separately. $3,800 Other Taxes - -~ "- ,",~I' -.' -., .. '. ~" . 1f_ 34 fage 2 '34 000. , 5 500. 36 4 550. 37 29 450. 38 2 900. 39 26 550. 40 3 986. 41 42 3 986. 51 52 53 54 55 56 57 58 3 986. 4 529. 8.515. 66 67 68a 5 500. 70 3 110. Third Party Do ~ou want to allow another person to discuss this return with the IRS (see page 53)? D Ves. Complete the foliowing. 0 No O. DeSignee's Phone Personal identification eSlgnee name ~ , no. ~ number (PiN) ~ Under penaltieS of perjlJry I det:la.fe that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. aratlon of preparer (other than taxpayer) is based on all Information oi which preparei' has any knowledge. L Your si Date Your occupation Daytime phone nUlflber 717 932 9353 Sign Here Joint return? See page 19. Keep a copy for your TecCfds. ~ Self Em 10 ed Spouse's occupation Prepater's Paid signatU'f& Preparer's U 0 Firm's name (or se nly yoursifself*em- ployed), address, and ZIP code ./ 183-44-0610 110002 11*27-01 ~ "". .', ,I b. ,. , 0,_- ,= l' Sf, &dules MB (Form 1040) 2001 N~me(s) shown on Form 1040. Do nol enter name and social securitY number if shown on page 1. OMS No. 1545-0074 Page 2 Your social security number Larl!' G Brothers 199348197 Schedule B - Interest and Ordinary Dividends A_, 8 Sequence No. 0 Part I 1 List name of payer. If any interest is from a seller-financed mortgage and the buyer used the Amount Interest property as a personal residence, see page 8.1 and list this interest first. Also, show that buyer's social security number and address" Fulton Bank 2 793. WAvpoint Bank 1 385. From K-1 - Larrv & Robert B. Brothers. Partners 12. Note: If y~u received a Form 1099.INT, Form 1099.010, 1 or substitute statement from a brokerage firm, list the firm's name as the payer and enter the total interest shown on that form. 2 Add the amounts on line 1 ......................................-....................,............................................. 2 4 190. 3 Excludable interest on series EE and I U.S. s~vings bonds issued after 1989 from Form 8815, line 14. You must attach Form 881~ .......................................................................................... 3 4 Subtract line 3 from line 2. Enter the resutt here and on Form 1040, line Sa ''''''''''''''''''''",'' .. 4 4 190. Part " 5 List name of payer. Include only ordinary dividends. If you received any capital gain distributions, Amount Ordinary see the instructions for Form 1040, line 13. .. Dividends From K-l - Larry & Robert B. Brothers. Partners 4. Note: if you received a Form i 1 099.0lV or substitute statement from a brokerage firm, list the firm's 5 name as the payer and enter the ordinary dividends shown on thatform. " . 6 Add the amounts on line 5. Enter the total here and on Form 1040, line 9 ......... ,,,,,,,,,,,,,,,. .. 6 4. Note. If line 4 is over $400, you must complete Pert III. Note. If line 6 is over 400. vou must comOle e a Part III You must complete this part if you (a) had over $400 of taxable interest or ordinary dividends; (b) had a foreign account; Yes No Foreign or (c) received a distribution from, or were a grantor of, or a transferor to, a foreign trust. Accounts 7a At any time during 2001, did you have an interest in or a signature or other authority over a financial and account in a foreign country, such as a bank account, securities account, or other financial account? ................ . X Trusts b If "Yes," enter the name of the foreign country ~ 6 During 2001, did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust? 127501 If "Yes," you may have to me Form 3520. See page 8.2 . X 10.'23.01 ..... ............ .................... ..... ............ $ It P rtlll LHA For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule B (Form 1040) 2001 ~~- J '"'",'-, ai't'C ::i\,;HEDULE 0 Capital Gains and Losses OMS No. 1545-007 (Form 1040) 2001 O'epal"tment of the Treasury Internal RevenuB Service (99) .. Attach to Form 1040. .. See Instructions for Schedule 0 (Form 1040). AtIofhmon' 12 SeQuence No. Nam9(lI:) shown on fiorm 1040 Your social security number Larrv G Brothers 199 :34:8197 I Part I I Short-Term Capital Gains and Losses - Assets Held One Year or Less (a) Description of property (~l.?"" (d) Sales price (e) Cost or ,(f) Gain or (loss) (Example: 100 sh. 't:(Z Co.} ae ufted Cc Date sold otherbllSls Subtra.ct (e) from (d) 1 . .. 2 Enter your short-term totals 2 ....................................... 3 Tota) short-term sales price amounts. Add lines 1 and 2 in column (d) "'"...'''",,''''''''''''''''''''' 3 4 Short.term gain from Form 6252 and short.term gain or (loss) from Forms 4684, 6781, and 8824 .................................................................................-........ 4 6 Net short.term gain or (loss) from partnerships, S corporationsj estates, and trusts from Schedule(s) K.1 ...-.........................................-.............................-................................... s 16. 6 Short-term capital loss carryover. Enter the amount, if any, from Una 8 of your 2000 Capttal Loss Carryover Worksheet ..................h_.............,............................................... 6 ( ) 7 Net short-term capital gain or (loss). Combine lines 1 through 6 in column In. ....."....."""...,,, 7 16. I Part III Long-Term Capital Gains and Losses - Assets Held More Than One Year (a) Description of property ~)o." (e) Coster (f) Gain or (Io,,) (g) 28% rale gain iCbuired (d) Sales price (Example: 100 sIl. XYZ Co.) (c) Date sold other basis Subtract(e)frorn(d} or (loss) * (seell'lstr.below) 8 , i 9 Enter your long.term totais ......."...".....,................... 9 10 To.tallong-term sales price amounts. Add Unes 8 and g in column (d) ....."......."........"....... 10 11 Gain from Form 4797. Part I; iong.term gain from Forms 2439 and 6252; and long-term gain or (loss) from Forms 4684, 6781, and 8824.."..".....".....""...".".......".......,,"'. 11 12 Net long-term gain or (loss) from partnerships, S corporations, estates, and trusts from Scheduie(s) K.1 ....."".". ,..\. ............. .... ,........ ........."...,,,......,...,,..,..... ,...." ,.. ................. 12 . 13 Capital gain distributions. ................................................................................................... 13 14 Long.term caplialloss carryover: Enter in both columns (n and (g) the amount, ~ any, from Une 13 of your 2000 Capttal Loss Carryover Worksheet ......."'...............",....".....".."............ 14 II ) 15 Combine Unes 8 through 14 in column (g) .........",.."...."."......."..."...,.."."...."".."..........."... 15 16 Netlcng-term capital gain or (loss), Combine lines 8 through 14 in column (n "...." .. 16 ......... Next: Go to Part III on page 2. * 28% rate gain or loss includes all "collectibles gains and losses" and up to 50% of the eligible gain on qualified small business stock. See instructions. LHA For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule 0 (Form 1040)2001 120511110-26-01 .~Ii~.~~ .' ~_,d . ',-, '"[j, Scheoul& 0 {Form '\04\)) 200'\ Larrv G Brother" 199 34-8197p:..L, I Part 11I1 Taxable Gain or Deductible Loss 17 Combine Hnes. 7 and 16 and enter the result. If a loss, go to HnE!'18. If a Q:.Iln, enter the gain on Form 1040, line 13, and complete Fonn 1040 through line 39".".".",,,,,,,,,,,,,.,,.,,,,,,,,,,,,,,,,.,,.,,,,,,.,,,,,,.,,,,,,,,,,,,,,,,,,,.,,,,.,,"" 17 16. Next: . If both lines 16 and 17 are gains and Form 1040, line 39, is more than zero, complete Part IV below. . Otherwise, skip the rest of Schedule D and complete Fonn 1040. 18 If line 17 is a loss, enter here and on Form 1040. line 13, the smaller of (al that loss or (b) ($3,000) (or, if married filing separately, ($1,500)). Then complete Form 1040 through line 37 """ .......... ...... 18 ( ) Next: . If the loss on line 17 is more than the loss on line 18 or if Form 1040, line 37, is less than zero, skip Part IV below and complete the Capital Loss Carryover Worksheet on page D.6 of the instructions before completing the rest of F01TTl1040. . Otherwise, skip Part IV below and complete the rest of Form 1040. rPart IVT Tax Computation UsinaMaximum Capital Gains Rates 19 Enter your unrecaptured section 1250 gain, if any, . from line 17 of the worksheet on page D-? of the instructions ......................................................... 19 If line 15 or line 19 is more than zero, complete the worksheet on page 0-9 of the instructions to figure the amount to enter on 'lines 22, 29, and 40 below, and skip all other lines below. Otherwise, go to line 20. 20 Enter your taxable income from Form 1040, line 39 20 ".J..""."".......".."""""." 21 Enter the smaller of line 16 or line 17 of Schedule D........,'....................'".,................''' 21 22 If you are deducting-investment interest expense ..- on Form 4952, enter the amount from Form 4952, line 4e. Otherwise, enter -a. ................................. 22 23 Subtract line 22 from line 21. If zerO or less, enter -0- ..............,.................... ...... 23 24 Sub~ract line 23 from line 20. If zero or less, enter .0- ..............".......................... 24 25 Figure the tax on the amount on line 24. Use the Tax Table or Tax Rate Schedules whichever applies ............ 25 , 26 Enter the smaller of: . The amount on line 20 or . $45,200 If married filing jointiy or qualifying wldow(er); } $27,050 if single; ........................... 26 $36,250 if head of household; or $22,600 if married filing separately If line 26 is greater than line 24, go to line 27. Otherwise, skip lines 27 through 33 and go to line 34. 27 Enter the amount from line 24 ........................................................................... 27 26 Subtract line 27 from line 26. If zero or iess, enter .0. and go to line 34 ............... 26 29 Enter your qualified 5.year gain, if any, from line 7 I ~ I of the worksheet on page 1).8 ..".""'"..".."....,,.... 29 , 30 Enter the smaller of line 28 or line 29 .......""...""......""""'................"..,,........ 30 31 ~~::~~~i~~e3~::0a:1i~~~8 ..t:~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::T~~r."......"................... 31 32 33 Mu~iply line 32 by 10% (.10) ........................................................................................................................ 33 ! , If the amounts on lines 23 and 28 are the same, skip lines 34 through 37 and go to line 38. 34 Enterthe smaller of line 20 or line 23 ...........""... ............................................ 34 35 Enter the amount from line 28 Qf line 28 is blank, enter .0.) ................................. 35 36 Subtract line 35 from line 34 ........................................................................... 36 37 Mu~iply line 36 by 20% (.20) ...... 37 ................................................................................................................. 36 Add lines 25, 31, 33, and 37 38 ........................................................................................................................ 39 Figure the tax on the amount on line 20. Use the Tax Table or Tax Rate Schedules, whichever applies ............ 39 40 Tax on all taxable income (inclUding capital gains). Enter the smaller of line 38 or line 39 here and on Form 1040 line 40 ..... .... ................................ .............. ..... ........ .... ................ " .............. ..... ..... .............. 40 120512 10.26-01 Schedule 0 (Form 1040) 2001 "'"'-" ............ ~~.. ;--, ;1 : lI_,'" " .- ',' .- ~ ,,,.,_ ._0__ -~ ,- , "~/ Schedule E (Form 1040) 2001 Ni!lme(s) shown on return. Do not enter name and social security number jf shown on page 1. Attachment Sequence No.13 Page 2 Your social security number Larr G Brothers 199 3'4 8197 Note: if you report amounts from farming or fishing on Schedule'E. you mdst enter your gross income from those activities on line 41 below. Real estate professionals must complete line 42 below. I Part II I Income or Loss From Partnerships and S Corporations Note: If you report a loss from an at.risk activity, you must check e~her column (el or (I) on line 27 to describe your investment In the ectiv~y If you check column (I) you must attach Form 6198 , (b) EnlerPlor (C) ct!ack (d) Employer InvesfmenlAIRlsk? 27 (a) Name Dartn&rshiP~ j for9ign identification number (e) AU f)~O.mr l$tOIPOliD partnership Inlrisk afnsk . Larrv & Robert B. Brothers Partners P 23 64S1217 X 0 " n < , Passive Income and Loss Nonpassive Income and Loss (g) Passive loss allowed (h) Passive income (I) Nonpasslve loss" (j) Section 179 expense (k) Nonpassive income (attach Form 8582 if required) from Schedule K.l from Schedule K-l deduction from Schedule K-' from Form 4562 A 32 05S. A , " n , < , , 28. Totals T 32 OS5. b Totais ::::::::::::::: [' 29 Add columns (h) and {k} of line 28a """"""""'''''''''''''''''''''''''''''''''''''''''''''''''' ...... ............ .... ............................ 29 32 055. 30 Add columns (g), (i), and 10 of line 28b"""""""""""""""""""."""."l".ou"",,,.,,,,.,,,,,,,, .............. .... ............................ 30 ( ) 31 Total partnership and S corporation Income or (loss). Combine lines 29 and 30. Enter 1I1e result here and include in the total on line.40 beloW ......................................"..........."....... ...".................."...h........ 31 32 OS5. I Part 11I1 Income or Loss From Estates and Trusts 32 (a) Name (b) Empioyer identification number A B Passive Income and Loss Nonpassive Income and Loss (c) Passive deduction or loss allowed (d) Passive income (e) Oeduction or loss (f) Other income from (attach Form 8582 If required) from Schedule K.l from Schedule K-l Schedule K-' A I B 33a Totals. l ...................... b Totals I ........................ 34 Add columns (d) and (f) of line 33a ""ou."",,"'''''''''''''''''''''''''''''''''''''''''''''''''''''''' ............................................... 34 35 Add coiumns (c) and (e) of line 33b """""",,,,,,,,,'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' """"""",,,,,,, 35 ( ) 35 Total estate and /rust income or (loss). Combine lines 34 and 35. Enter 1I1e result here and Include in 1I1e totai on line 40 below 36 I Part IV I Income or Loss FroiiiReai'Estate'iiii(;rtgi'ige"i~vestm'e~tCo~duits'iREMiCs)~'Residual Holder (b) Employer (c) Excess inclusion from \dl Taxable income (net (e) Income from 37 (a) Name ass) from Schedules a, , identification number Schedules a,line 2c line 1b Schedules a, line 3b . 38 Combine columnStd)andfe\ on.;;: Enter 1I1e result here and include in 1I1e total on line 40 below .' ............................. 38 I I Part VI Summary 39 Net farm rental income or (loss) from Form 4835. Also, complete line 41 below,,,,,.,,,,,,,,,,,,,,,,,.,,.:,,,,,,.,,,,,,,,,,.,,.,,.,,,,,,,,,, 39 I 40 Totaf income or (loss). Combine lines 26, 31, 36, 38, and 39. Enter the result here and on Form 1040 line 17 '"""",,,,"", ., 40 I 32 ass. 41 Reconciliation of Farming and Fishing Income. Enter your gross farming and fishing income reported on Form 4835, line 7; Schedule K-1 (Form 1(65), ilne 15b; Schedule K-l(Form 11205), line 23; and Schedule K.1 (Form 1041), line 14 (see page E-6) "." ."..... 41 42 Reconciliation for Real Estate Professionals. if you were a real estate professional, enter the net income or (loss) you reported anywhere on Form 1040 from all rental real estate activities in which you materially participated under the passive activity loss rules ". 42 121501 10-2.'3-01 Schedule E (Form 1040) 2001 ",-~ ,'. "'. - 2001 Income from Passthroughs .' Larry & Robert B. Brothers, Partners I.D. Number: 23-6451217 Type: Partnership Activity Information: Larry & Robert B. Brothers,PTR Tr~de or business - Material participation ~ Ordinary income (loss) Guaranteed payments Schedule E activity income (loss) 3,455 28,600 32,055 Other K-l Information: Interest - Total Dividends - Total Short-term capital gain (loss) Self-employment earnings (loss 12 4 16 32,055 .: " 128021 05-15-01 . .... - L i -~ ".-" "--.'-' ,"~,. ,.,~ " '"~- ( SCHEDULE SE (Form 1040) Departm~nt of the Tre~sury .. See lnstru~tions for' Schedule SE (Form 1040). Internal AevenIJ8 Service (99) .... Attach to Form 1040. Name of person with self-employment income (as shown on Form 1040) Self-Employment Tax OM8 No, 1545-0074 2001' Attachment Sequence No. 17 Larr" G Brothers Who Must File Schedule SE You must file Schedule SE if: . You had net eamings from self.employment from other than church employee income (line 4 of Short Schedule SE or line 4c of Long Schedule SE) of $400 or more or . You had church employee income of $108.28 or more. Income from services you performed as a minister or a member of a religious order is notj:hurch employee income. See page SE.1. Social security number of person with self-employment income ~ 199:34:8H7 . Note: Even jf you had a loss or a small amount of income from self-employment, it may be to your benefit to file Schedule SE and use either "optional method' in Part II of Long Schedule SE. See page SE-3. Exception. If your only self.employment income was from earnings as a minister, member of a religious order, or Christian Science practitioner and you filed Form 4361 and received IRS approval not to be taxed on those earnings, do not file Schedule SE. Instead, write "Exempt-Form 436111 on Form 1040. line 53. May I Use Short Schedule SE or Must I Use Long Schedule SE? Did Vou Receive Wages or Tips In 2001? No Ves Are you a minister, member of a religious orderl or Christian Science practitioner who received IRS approval not to be taxed on earnings from these sources, but you owe self-employment tax on other earnings? Ves Was the total of your wages and tips subject to social security Ves or railroad retirement ~ plus your net earnings from self- employment more than :tXl0,400? No Are you using one of the optional methods to figure your net earnings (see page SE-3)? Ves . No No DiO you receive ~ps subject to social security or MeOicare tax that you dlO not report to your employer? Ves No Did you receive church employee income reporteO on Form W-2 Ves of $108.28 or more? No Vou May Use Short Scheddle SE Below Vou Must Use Long ScheOule SE Section A-Short Schedule SE. Caution. Read above to see if you can use Short Schedule SE. 1 Net farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K.1 (Form 1065), line 15a ..... .:............. ,............. ou"ou ou.......... ...., '...... ..........,..........., ,............ ......... '........"........,....., 1 2 Net profll or (loss) from Schedule C, line 31; Schedule C.EZ, line 3; Schedule K.1 (Form 1065), line 15a (other than farming); and Schedule K.1 (Form 1065.8), box 9. Ministers and members of religious orders, see page SE-1 for amounts to report on this Une. See page SE.2 for other income to report ..........p.t.mt...J.... 2 32 055. 3 Combine lines 1 and 2 .. .... ....... ...'...... .............. ...... ......... ................ ............... ........................ .... .............. ...... ..... 3 32 055. 4 Net earnings from self-employment. Mu~iply line 3 by 92.35% (.9235). If less than $400, do not .' ., 29 603. file this scheduie; you do not owe self.employment tax .................................,..,..,...,..,.......,.,.,......,...,...,... ... ~ 4 5 Self-employment tax. If the amount on line 4 is: . $80,400 oriess, muliiply line 4 by 15.3% (.153). Enter the resu~ here and on } Form 1040, line 53. 5 4 529. More than $80,400, mu~iply line 4 by 2.9% (.029). Then, add $9,969.60 to the resuit. ..............".............. . Enter the total here and on Form 1040, line 53. 6 Deduction for one~half of self~employment tax. Multiply line 5 by SO% (,S). . I I Enter the result here and on Form 10401 line 27 ..",......... ........ ......,........"., "" 6 2 265. LHA For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule SE (Form 1040) 2001 124501 10-23-01 ...-....~~......~~' ~ "" ~". "-.'&' - "I .,.1 ,". ~-- " -',1- L&rry G Brothers 199-34-8197 Schedule SE' Non'::Farm" Income Statement 1 Description From K-l Total to Schedule SE, line 2 Amount 32,055. 32,055. . Statement(s) 1 SCHeDULE K-1 Partner's Share of Income, Credits, Deductions, etc. (Form .1065) , '" See separatl'instructions. Department of the Treasury Infernal Revenue Service For calendar year 2001 or tax year beginning - , 2001, and ending . 20 Partner's identifying number ~ 199-34-8197 Partnership's identifying number ~ 23 Partner's name, address, and ZIP code Partnership's name, address, and ZIP code ~""""",,,,",L. - Jso '" ,',- - ~-~ ~" ~ ":'1 Larry Brothers 756 Old Quaker Lewisberry, PA ~ OMS No. 1545-0099 ~@01 6451217 Road 17339 Larry & Robert 757 Potts Hill Lewisberry, PA Brothers Road 17339 Partners A This partner is a ~ general partner 0 limited partner o limited liability company member B What t~e of entity is this partner? ~ ~ P. ;I;.\l:+. ~:-iA \..... C Is this partner a 0 domestic or a 0 foreign partner? F Partner's share of liabilities (see instructions): Nonrecourse. $ .............""... Qualified nonrecourse financing $ ............,,,..... Other. .... $ .........,.......... (I) Before change or termination , Iii) End of year G Tax shelter registration number . ~ .............,,,.......... D Enter partner's percentage of: Profit sharing . loss sharing . Ownership of capital E iRS Center where partnership filed return: J Analysis of partner's capital account: SO % .........% % ..:f~.. % % ..;:~.. % H Check here if this partnership is a publicly traded partnership as defined in section 469(k)(2). . 0 Check applicable boxes: (1) ~inal K-1 (2) o Amended K-1 (a) Capital account at beginning of year (c) Partner's share of lines 3.4, and 7, Form:1065. Schedule M-2 (b) Capital contributed during year (a) Distributive share item 'iii' rJl o ::!. Ql E o <.l .E 1 Ordinary income (loss) from trade or business activities 2 Net income (loss) from rental reai estate activities 3 Net income (loss) from other rental activities. 4 Portfolio income (loss): a Interest b Ordinary dividends . c Royalties . d Net short-term capital gain Qoss) e (1) Net long-term capital gain (loss). (2) 28% rate gain (loss) (3) Qualified 5-year gain . f Other portfolio income (loss) (attach schedule) 5 Guaranteed payments to partner . 6 Net section 1231 gain (loss) (other than due to casuaity or theft) 7 Other income (loss (attach schedule). . . 4a 4b 4c 4d 4e(1) 4e(2) 4e(3) 41 5 6 7 Charitable contributions (see instructions) (attach schedule) Section 179 expense deduction. Deductions related to poitfl:>iio income (attach schedule) . Other deductions (attach schedule). 12a low-income housing credit: " (1) From section 420)(5) partnerships (2) Other than on line 12a(1). . . b Qualified rehabilitation expenditures reiated to rentai real estate activities . c Credits (other than credits shown on lines 12a and 12b) related to rental real estate activities. . d Credits related to other "rental activities 13 Other credits. For Paperwork Reduction'Act Notice. see Instructions for Form 1065. 8 9 10 11 (, en 8 :l C 9 '00 ~:;:l 10 11 rJl - '5 e (J (d) Withdrawals and distributions Ie) Capital account at end of year (combine columns (a) through (d)) (b) Amount (c) 1040 filers enter the amount in column (b) on: } See page 6 of Partner's Instructions for Schedule K.' (Form 1065). 1 2 3 3 y.s-.r j;). '-/ Soh. S, Part t, lil'lO 1 Sch. B, Part J/, line 5 Sch. E, Part I, line 4 Sch. D, line 5, col. (~ Sch. D, line 12, col. (~ Soh. D, line 12, col. (g) Une4ofworksheetforSch. D, lir.e29 Enter on applicable line ot your re!Um. } .See page 6 of Partner's Instructions for Schedule K-' (Form 1065). Enteron apclicable line oi your retl.;m. 1 ;L<f!DoO Scl1. A,line 15 or 16 } See pages 7 and 8 of Partner's Instructions for Schedule K-1 (Form 1065). } Form 8586, line 5 1 See page 8 of Partner's lnstructions for Scheeule 1<-1 (Form 1065). Schedule K-1 (Form 1065) 2001 12c 12d 13 Cat. No. 11394R ~~.=~. 16a Depreciation adjustment on property placed in service after 1986 b Adjusted gain or ioss . c Depletion (other than oil and gas) . . d (1) Gross income from oii, gas, and geothermal properties (2) Deductions allocable to oil. gas, and geothermal properties e Other adjustments and tax preference items (attach schedule) 17a Name of foreign country or U.s. possession" ................. b Gross income from all sources . . . c Gross income sourced at partner level d Foreign gross income sourced at partne'rship level: (1) Passive (2) Usted categories (attach schedule) (3) General limitation . . . e Deductions allocated and apportioned at pflrtner ievel: (1) Interest expense . , (2) Other. . Deductions allocated and apportioned at partnership level to foreign source income; (1) Passive (2) Listed categories (attach schedule) (3) General limitation. . ...... 9 Total foreign taxes (check one): .. 0 Paid 0 Accrued. h Reduction in taxes availabie for credit (attach schedule) . 18 Section 59(e)(2) expenditures: a Type" .............,........... b Amount .. f' 19 Tax-exempt interest income 20 Other tax-exempt income. 21 Nondeductible expenses . 22 Distributions of money (cash and marl<etable securities) 23 Distributions of property other than money 24 Recapture of low-income housing credit: a From section 420)(5) partnerships . . b Other than on line 24a . 25 Supplemental information required to be reported separately to each partner (attach additional schedules If more space is needed): '. Schedule K.1 (Form 1065) 2001 (a) Distributive share item - c_ o>.. e... - ~ .,... ...- >E E 14a Interest expense on investment debts. . b (1) Investment income included on lines 4a, 4b, 4c, and 4f (2) Investment expenses included on line 10 . 15a Net earnings (loss) from self-employment. b Gross farming or fishing income. c Gross nonfarm income. . - _C Coo 'l' E ::: ... ., " "''ii. ~ ~ 0 >-e ~ 0 c_ ~- ~ a _ u c c a a e ~ ';;'ii = " :c~ '" III Q) X {:. C Cl 'f o u. .. Q) :S o c o :;:; III E .. o ..... .5 III - C Q) E Q) i5. 0. ::l en - .,' .......-.................~. ................... ..-- -.... .......... .~.... -............... -.... ._~..... ..-............ .-............... -.... t .. ~, '" 14a 14b{11 14b(2) 15a 15b 15c 16a 16b 16c 16d(lJ 16d12) 16e ~ 17b 17c 1ab 19 20 21 22 23 ',"I (b) Amount 3~~~ " - ~,,..' 0_<" , Pag.~. (e) 1040 filers enter the amount in column (b) on: Form 4952, line 1 } See page 9 of Panner's. Instructions for Schedule K.1 (Form 1065). Sch. SE, Section A or 8 } See page 9 of Partner's Instructions for Schedule K-1 (Form 1065). See page 9 of Partner's Instructions for Schedule K.1 (Form 1065) and Instructions for Form 6251. Form 1116, Part I Form 1116, Part II Form 1116, line 12 } See page 9 of Partner's Instructions for Schedule K.1 (Form 1065). Form 1040, line ab ) See pages 9 and 10 of Partner's Instructions for Schedule K-1 (Form 1065). } Form 8611, line 8 ......-..-..........................................................................................................-....-..--.......-... .. .-. ... .......... ..~... ....... -.............................................. -......... - - - -.... -.... - -.... -... - -........ .-. - - - -..... - -.- ..............-..........................................................-....-...............................-.......................... ...--.........................-.-........................-...........................................-................................... ;, Schedule K-' (Form 1065) 2001 ~ o!IliIIO 1-, . ." ,~_ y.' :,' "' - ._, ~, a ,. ".' SCHED.ULE K-,1 Partner's Share of IncQme, ,Credits, Deductions, etc. OMS No. 1'545.0099' (Form 1065) .. See separate'instructions. ' ~@01 DePartment of the Treasury 0 Internal Revenue-Service For calendar year 2001 Dr tax year beginning .2001, and ending . 20 Partner's identifying number ~ 199-34-8197 Partnership's identifying number ~ 23 6451217 Partner's name, address, and ZIP code Partnership's name, address, and ZIP code Larry Brothers 756 Old Quaker Road Lewisberry, PA 17339 A . This part0er is a !;!?' general partner 0 limited partner . 0., Iimit~d liability company member B Whatlype of entity is this partner? ~ ~P.*,.\J:+.o.;.)AI,.,... C'lsthis partner a 0 domestic or a 0 foreign partner? Larry & Robert 757 Potts Hill Lewisberry, PA Brothers Road 17339 Partners F Partner's share of liabilities (see instructions): Nonrecourse. . . $ .................... Qualified nonrecourse financing $ ....,......,........ Other $ ..,................. (i) Before change (il) End of or termination year G Tax shelter registration number. .. .......................... o Enter partner's' percentage of: Profit sharing . Loss sharing . . Ownership of capitaJ E IRS Center where partnership filed return: J Analysis of partner's capital account: % ..~.~.. % ro % ---...... % % ..~9...% H Check here if this partnership is a publicly traded partnership as defined in section 469(k)(2), . 0 Check applicable boxes: (1)~inal K-1 (2) 0 Amended K-1 (a) Capital account at beginning of year (c) Partner's share of lines 3. 4. and 7. Form 1065, Schedule M-2 . (b) Capital contributed during year (a) Distributive share item ~ III III o d. CIl E o <.l .5 1 Ordinary income (loss) from trade or business activities 2 Net income (loss) from rental real estate activities 3 Net income (loss) from other rental activities. 4 Portfolio income (ioss): a Interest b Ordinary dividends. . e Royalties. . . . . d Net short-term capital gain (loss) e (1) Net long-term capital gain (ioss). (2) 28% rate gain (loss) (3) Qualified 5-year gain . f Other portfolio income ,(ioss) (attach schedule) 5 Guaranteed payments to partner . 6 Net section 1231 gain (loss) (other than due to casualty or theft) 7 Other income (loss) (attach schedule). . . . . 4a 4b 4c 4d 4e(1) 4e(2) 4e(3) 41 5 6 7 Charitable contributions (see instructions) (attach schedule) Section 179 expense deduction. . . . . . Deductions related to portfolio income (attach schedule) . Other deductions (attach schedule). 12a Low-income housing credit: (1) From section 42GJ(5) partnerships . . . . (2) Other than on line 12a(1) . b Qualified rehabilitation expenditures related to rental real estate activities. . .". . . . . c Credits (other than credits shown on lines 12a and 12b) reiated to rentai real estate activities. d Credits reiated to other rental activities . . 13 Other credits, For Paperwork Reduction Act Notice, see Instructions for Form 1065. 8 9 10 11 , 8 <.ll/l :::I l: 9 '00 CIl~ 10 C 11 III ... '6 E u td) Withdrawals and distributions (b) Amount 1 2 3 3YS-.r I), 'f I ;;1.,f[gotJ 12c 12d 13 Cat. No. 11394A (e) Capital account at end of year (combine columns (a) through (d)) (e) t 040 filers enter the amount in column (b) on: } See page 6 of Partner's Instructions for Schedule K-1 (Form 1065). Sch. 8; Part I, line 1 Sch. 8, Part II, line 5 Sch. E, Part I. line 4 Seh. D, line 5. eol. In Seh. D, line 12. eol. (ij Seh. D, line 12. eol. (gl Une 4 of worksheet for Sch. 0, line 29 Enter on appIicabI,Un.ofJOlllre\1lm. } See page 6 of Partner's InstructionS for Schedule K-1 (Form 1065). Enteron applicable line of your retum, Seh. A. line 15 or 16 } See pages 7 and 8 of Partner's Instructions for Schedule K~1 (Form 1065):' } Form 8586. line 5 I See page B of Partner's InstructionS for Schedule K-1 (Form 1065). Schedule K'1 (Form 1065) 2001 Schedule K~1 (Form 1.065) 2001 (a) Distributive share item - ~'t; e.. -~ .,." ",- >" ,,- 14a Interest expense on investment debts. . . . b (1) Investment income included on lines 4a. 4b, 4c, and 4/ (2) Investment expenses included on line 10 . 15a Net earnings (loss) from self-employment. b Gross farming or fishing income. c Gross nonfarm income. eg 'l'E :::> " " "'=- ~ i!~ ~ e co!! ~ - M m _ u c c m m .5~ M m c ~ ~c.. .. 16a Depreciation adjustment on property placed in service after 1986 b Adjusted gain or loss . . . . . . . c Depietion (other than oil and gas) . d (1) Gross income from oii, gas, and geothermal properties (2) Deductions allocable to oil, gas, and geothermal properties e Other ad'ustments and tax preference items (attach schedule 17a Name of foreign country or U.S. possession ~ ....000.......00. b Gross income from all sources . c Gross income sourced at partner leve! d Foreign' gross income sourced at partn~rship level: (1) Passive (2) Usted categories (attach schedule) {3} General limitation . . . . e Deductions allocated and apportioned at pMner level: (1) Interest expense . . . . : (2) Other. . . f Deductions allocated and apportioned at partnership ievei to foreign source income: (1) Passive {21 Listed categories (attach schedule) (3) General limitation . ......... 9 Total foreign taxes (check one): ~ 0 Paid 0 Accrued. h Reduction in taxes available for credit (attach schedule) . 18 Section 59(e)(2) expenditures: a Type ~ 0000...0000".00"""00' b Amount . . . I. 19 Tax-exempt interest income 20 Other tax-exempt income. 21 Nondeductible expenses . 22 Distributions of money (cash and marketable securities) . 23 Distributions of property other than money 24 Recapture of low-income housing credit: a From section 420)(5) partnerships . . . b Other than on line 24a . 25 '" ~ ~ c 01 .~ If .. Q) ;S o 14a 14b(1) 14b(2) 15a 15b 15c 16a 16b 16c 16d(11 16d(2) 16e (b) Amount 3;l.1;l,S"' Page 2. (c) 1040 filers enter the amount in column (b) on: Form 4952, /ine 1 } See page 9 of Partner's Instructions for Schedule K-1 (Form 1065), Soh. SE, Section A or 8 } SeEl page 9 of Partner's Instructions for Schedule K-' Form 1065). See page. 9 of Part(ler's Instructions for Schedule K-1 (Form 1065) and Instructions for Form 6251. Form 1116, Part I Form 1116, Part /I Form 1116, line 12 } See page 9 of Partner's Instructions for Schedule K-1 (Farm 106S). Form 1040, line 8b ) See pages 9 and 10 of Partner's Instructions for Schedule K-1 (Form 1065). } Form 8611, line 8 Supplemental information required to be reported separateiy to each partner (attach additional schedules If more space Is needed): .~ - ___._._ __ __. _p_ O~_'__' _.. __.. _. _.. _ _ _. _. _ _.' A ~'__ _. _._.0 _ _ 0._.._ 0 _.... _.. ___ _.. A. _. _.. _. _.._ __ _ _.. _ _. _._. __. _._ _. _._.... A _ A _ ~. _ _ _._ ___ , c o ., '" E .. .g .s co 'E .. E ., C. 0. :l en 0_ _ _ _ A.' _. A _........ _. _ _ 0 _... '._' _.__. _. ___ ___. ___ _._ - - - 0 A _ _A. _._ .__ _ _ _~_~. _ _ __. _.____. _._ A, _ _ _ _. _. _ _._ _.. ._. _ __ _._ _'__._ _ _.. __ _ A _ _ _ _ _.~_ - _. _.. - - - - - __ ___ -0 _ A _. ~____ _ __. _ _.___..~ - - __~ .__. - .._._ __. - - - .-_. __ - __ - - _. - - A. _. _ _ _. _ _ 0" A _ _. _ _.. _. A __ A A _ __ _ A __ _ _ A _ _ _ _. _ _ __.. __ _. _ _. _ - - __ __ .__ __ _.. - 0 A .__._ __'_. _ _ _ _... __._ _ - _~ ___ __. - - - - _~__ _.. - - - -. --- - -_ 0.. _ _. _ _ __. _ _ _ _ _ _..._ _ _. _ ____ _._ _' _ .___ __ _.. _ _.. - _ _ __ - _ ____.. - A - _. -. - __ . _. - - __._._ A""'. A _. _ __ _~_ _' _ _. _ _ .__0 _ _ _.. _ _. _' __ _ __. ___-0 _. _. _. _ __. _~._ _ _. 0_ A _ _ '" _. _. A .__ _ _ _ _ _ _ _ _ _ __ _ __ _. A A _ _ _. _ _ _'_ _ A' __ A _. _ A A _.....- Schedule K-1 (Form 1065) 2001 ~ ...., " , -. . . ~~- -,--.-----~',~.-=-.=-=--"-.~.~~~.;-:....:-:..:... ~'~-+-'",;:.::,,".::'-....:.:...:.:....:.....'-=-: ~'--.:..:....:'~..:..:: 13. IF UNE 10 IS LARGER lHAN UNE 11C, PAY UNPAID BAlANCE BY APRIL 15 . (If Less than $1.00, Enter Zero) ~t !ogi!ij~ti~~f:tf[f~jl3hi8L1Ir~~W[~~?iJJ~~lIbfrij~~1~i~Tlt~~~t;:~~~;{~~~~~~:;~r~!~1~~if~~fl1~ 1 ,_eAY",BALANC.E.OJJE-WlTH,rHlsae:r:URN..{Liqe-13-.plus.Lin),.14)._..-... ~_"..- -.-.,..,..."..,...-.-,.~>.--r-':"', .",.-" . -"~'.W:-: .--,....--~. ';'""""'.0.'" "1<5; OLD MAILING ADDRESS LIST MO\(lNG IN..5>flIMATION fOR 2001 TAX YEAR BELOW TWPIBORO ';.~....~,.." CURRENT MAILING ADDRESS (IF NOT THE SAME AS BELOW) TWP/BORO ,".' TAXPAYER'S COPY 2001 FINAL RETURN FOR EARNED INCOME TAX WESTAS FORM 531 (REV. 11.'01) ,"- REFERENCE NO. ~.~.... .....~.~ _~, .'~ .', ."... .'.J. ~,~ ~', ...~.... E:C ,fLOT' ~~~ :';.-" R-O'03 ...~ .," -,- ...~". ~.. ....,~.,~^,.~.... ~.' .,..... 1-032-720 U\RRY G BR01'BERS , Olffi RECORDS INDlCATE THAT YOU AJlEA RESIDEt/T OF: 756 OLD QUAKEFi' V" "LJ ?c.... ?'AIRVIEW 'rwp ,,~ .) .,;;; LEiH5fJERRY PA 1.7339-9702 H3589' I I .. . ~I k'., .' , "-I' ," , ~ " ." - ""h-"" ,,-"'-'< ._~, '"'- ",,0,. It PA-40 L 2001 PAGE 1 OF 2 EX 0 RS R G A 0 FS S FY 0 XX SC 21900 PN 717-932-9353 1C 0.00 4 32055.00 7 0.00 10 0.00 ~ PLEASE DO NOT USE YOUR LABEL 0100115054 199-34-8197 BR BROTHERS LARRY 756 OLD QUAKER ROAD LEWWISBERRY 1A 0.00 2 4201.00 5 16.00 8 0.00 11 36276.00' PA 17339 1B 0.00 3 4.00 6 0.00 9 36276.00 12 1016.00 ------------------~--------------------- PLEASE FOLO PAGE ALONG THIS LINE Localln!ormation. Enter where you lived as of 12/31/2001 School Oistrict W est S h 0 r e Schooi Code: 2190 0 County: York Municipality: F ai rv i ew Twp Residency Status. (Mark the Correct Space) R X Pennsylvania Resident NR Nonresident P Part Year Resident From: To: Extension, (Mark this space) Amended Return, (Mark this space) Fiscal Year Filer, (Mark this space) Type Filer. (Fill-in only one choice) S X J M F Single Married, Filing JOintly Married, Filing Separately Final Return. Indicate Reason: o Oate oj Death: Deceased 12 PA Tax liability. Multiply line 11 by 2.8% (0.028). Also enter on line 13, page 2." la 0.00 lb 0.00 Ie 0.00 2 4,201.00 3 4.00 4 32,055.00 5 16.00 6 0.00 7 0.00 8 0.00 9 36,276.00 10 0.00 11 36,276.00 B 12 1,016.00 la Gross Compensation. See the instructions """""".. "" """,,' lb Unreimbursed Employee Business Expenses. See the instructions, Ie Net Compensation. Subtractline lb from Line la.", "'",,''''''' 2 Inferest Income. Complete and submif PA Schedule A, If over $2,500, 3 Oividend income. Compiete and submit PA Scheduie B, if over $2,500. '"no 4 Net Income or Loss from the Operation of Business, Profession, or Farm. . 5 Net Gain or Loss from the Sale, Exchange, or Disposition of Property. 6 Net Income or Loss from Rents, Royalties, Patents, or Copyrights. ."."". 7 Estate or Trust Income. Complete and enclose PA Schedule J. 8 Gambling and Lottery Winnings. . ,:"~"..,,""""",,..,,""" ""...""."" 9 Total PA Taxable Income. Add only the positive income amounts from lines Ie, 2, 3, 4, 5, 6, 7, end 8. DO NOT ADD any losses reported on Lines 4,5, or 6. ..""."."."...".""".""".".",,,,,.,, """"""." 10 Contributions To Your Medical Savings Account. See the instructions. ~ 11 Adjusted PA Taxable Income. Subtract Line 10 from line 9. ."...""" N I EC FC L 0100115054 [1] CITIIIJ [1] 0100115054 ---I ~N~ -.J -"'- ,~ -_l ,-' .-- '. '~., . -., 1'!t, 0100215052 L PA-40 2001 PAGE20F2 Larry G 199-34-8197 14 0.00 15 0.00 17 0.00 18 0.00 20A 0 20B 0 22 0.00 23 0.00 25 0.00 26 0.00 28 1016.00 29 0.00 31 0.00 32 0.00 34 0.00 35 0.00 Brothers 13 16 19 21 24 27 30 33 36 1016.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13 Total PA Tax Liability. Enter your PA Tax Liability from Line 12 on Side 1. "",,,,,,,'" Total PA Tax Withheld. See the instructions Credit Irom your 2000 PA Income Tax Return. "" 2001 Estimated Installment Payments. ,,,,,,, """,,, 2001 Extension Payment. ,,,.,,,,,,,,.,,,,,,,,,,,.,,.,,,,,,,,. Nonresident Tax Withheld on your PA Schedule(s) NRK-1. (Nonresidents only) ,,, Total Estimated Pavments and Credits. Add Linesl5, 16. 17, and 18. '''"''''''',, TAX BACKlTax Forgiveness Credit. Complete lines 20a, 20b, 21, and 22. Read instructions. 20a Filing Status: Unm.rri.~ or Sep.rat.~ M.rri.~ D.c.as.~ 20b Oepen~ents, Part B, Line 2 PA Schedule SP. """.""""." """ '"'''' " " 21 TotalEligibility income, Part C, Line 11, PA Schedule SP. ",," ",,,,".,,,,,, 22 TAX BACKffsx Foroiveness Credit from Part D. Line 16. PA Schedule SP. 23 Total Credit for Taxes Paid to Other States or Counlries. Submit your PA Schedule G or RK-1. 24 PA Empioyment Incentive Payments Credit. Submit your PASchedule W, RK-l or NRK-1. 25 PA Jobs Creation Tax Credit. Submilyour cerlification or PA Scheduie RK-l or NRK-1. "". 26 PA Research and Development Tax Credit. Submit your certification or PA Schedule RK-l or NRK.1. 27~0 ts and Credits. Add lines 14and 19and 22 through 26. "." """""""" ,,,,,,,,,,,,,,,,,,, 26 TAX DUE. ine 13 is more than Line 27, enter the difference here. ,,""" 29 PAYMENT. If Une 27 Is more than Une 13, enter the dillerence here. The total ot Lines 30 through 36 must equal Line 29. Relund -- Amount of Line 29 you want as a check mailed to you. ",,,,,,,,,.,,,, Credit -- Amount of Une 29 you want as a credit to your 2002 estimafed tax account. Donation -- Amount of Une 29 you want to donate to the Wild Resource Conservation Fund. Donation -- Amount of Une 29 you want to donate to the United States Olympic Committee. , Donation -- Amount of Une 29 you want to donate to the Governor Robert P. Casey Memorial Organ and Tissue Oonatlon Awareness Trust Fund. ,,,''',,'' "'''''",..., Donation -- Amount of Une 29 you want to donate to the KoreaNietnam Memorial Inc. Donation -- Amount of Line 29 yo~,want to donate to the Breast and Cervical Cancer Research Fund. 14 15 16 17 18 19 30 31 32 33 34 35 36 . 13 14 15 16 17 18 19 200 20b 21 22 23 24 25 26 27 28 29 Refund 30 31 32 33 .,.. 34 35 36 1,016.00 0.00 0.00 0.00 0.00 0.00 0.00 o o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,016.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 under penalties of perjury, I (wei declare that I (we) have examined this return, including all accompanying schedules and statements, and to the be,t of my (our) befiafthey ar e, corree and complete. ' Y Signa re: Date: Your Occupation: Self Em 10 ed Date: Spouse's Occupation: preoarer or L;omoanv Name orner man taxoaverlsl based on all informatIOn at WnlCn me oreoarer nas any Knowledoe. Pfeparer or Company N<lI1le (Please Print); Date: Ronald p. D sard /~ 03/10/02 f,/' IJ / ) J / Signature. (Optional): W~7,~, /., c~fAJitd, - ~~/_/ , L 0100215052 TeJephonElNumber: (717)938-4280 0100215052 .-J """"" - %w" ..,1 ~ ,- ,', c ,,, ~, ~ ~'"""~,.,' II --' PA SCHEDULE A & B Interest and Dividend Income PA'40 AlB/UE.1 09.01 2001 If ou need more s ace ou ma Name as shown first on your PA tax return: Brothers Larr G 0101215051 .' OFFIC!Al USE ONLY hotoco these schedules or re are our own schedules in these formats. Social Security Number: 199 34 8197 Caution. Federal and PA rules fot taxa.ble interest and div!dend inc~me are ~itferent. Re~~ the i~structio,ns. If either your taxable interest ot dividend income is $2,500 or less, you must report the income, but you do not need to submit any schedule. If eIther your Jnterest Jncoma or dIvidend Jncome IS more than $2,500, you must submit a schedule. If you must adjust your federal income, enter your federal amount on line 1, and make your corrections and explain them in the space under Filing Option 3. FUlng options: 1. Submit a copy of your federal schedule. you do not need this PA schedule. 2. Enter your federal taxable inter~st and/or dividend income - do not submit your Federal Schedule B. 3. Otherwise, list the name of each payer and the amount ofPA taxable interest and dividend income you received in 2001. PA 5thedule A- PA Taxable Inlereal Income Filing oDlion. 2. Enter the amount from your Federal Schedule B (Form 1040) or Schedule I (Form 1040A). 1. 1$ Filinn O"tion 3. PA Taxable Interest Income. Read the instructions. Fulton Bank $ 2 793.00 WA~oint Bank < 1 385.00 From K-1 - Larrv & Robert B. Brothers Partners $ 23.00 $ $ 2. Tolal PA Taxable Inter..llneome. Add the amount. and Include the tolal on Line 2 olvour PA lax relurn. 2. $ 4 201. 00 IMPORTANT. CaDital asin distributions are dividend income for PA DurDoses. PA Schedule B. PA Taxable Dividend Income FiJinn oDtion 2. Enter the amount tram your Federal Schedule B (Form 1040) or Scheduie I (Form 1040A). 1. 1$ 4.001 Filinn ontion 3. PA Taxable Dividend Income. Read the instruction.. i $ $ ~ " 2. Total PA Taxable Dividend Income. Add the amounts and Include the tolal on Line 3 of vour PA tax return. 2. ~ PA,40 NB/UE-1 (09/01) PA SCHEDULE UE-1 Allowable Employee Business Expenses 2001 Name of taxpayer claiming expenses: IMPORTANT, You must submit a PA Scheduel UE.1 or UE for each job ~ ~e;tr~~ions Brothers Larrv G Employer'S name and address: Social Security Number of taxpayer claiming expenses 199-34-8197 Employer'. Federal EIN: Describe the dulie. of fhe job in which you incurred these expenses: Self Emn1o"ed Employer's telephone number: You mav not combine exoenses for more than one iob or nrofession. Snouses mav not file ioint PA Schedutels UE.1. Mileage. U.e either Option (a) or Option (b)- not both. t a) Enter your total business miles , and multiply by the federai standard mileage rate $0. _; DR b\ Enter "our amountfrom "our Form 2106 or Form 210HZ. 1 $ 2 parklnn fees lolls and lransnortalion. Enler the amounl from "our Form 2106 or Form 2106-EZ. 2 ~ 3 Awa" from home overninhl Enter the amountfrom vour Form 2106 or Form 210HZ. 3 $ 4 Meais and entertainment exnenses. Enter the amount trom vour Form 2106 or Form 2106-EZ. 4 $ 5 Union Due.. Li.t union name(s) and amount(s) paid. Enter total. Attach additional sheets, if needed. 5 $ Name of union's' and amount's'.' 6 Work Clothes and Uniform.. Required as a condilion of your employment and not suilable for everyday use. 6 $ Deserlntlon: 7 Small Tool. and Supplies. Required as a condition of your employment and not provided by your employer. Descrintion: 7 $ B Total Allowable PA Emnlo"ee Business Exnense.. Add Lines 1 throunh 7. 8 . 0.00 9 Reimbursements. Enter amounts that vour emnlover DiD NOT renort on "our Form W'2. 9 ~ 10 Net Exnen.e or Reimbursement. Subtract Line 9 from Line 8. 10 $ 0.00 If Line 8 is MORE than Line 9, include your excess expenses on line 1b, Unreimbursed Employee Business Expenses. If Line 9 is MORE Ihan Line 8, include your excess reimbursement on Line 10, Gross PA Compensation. 174121/12-27-01 L 0101215051 0101215051 --' ~-'-" - ~I ". ;.' .1' "'-, -,,', ",'-.n (?... --l PA SCHEDULE D Sale, Exchange, Of Disposition of Property 0101315059 2001 .' If au need more s ace au ma hotoco these schedules or re are our own schedules in these formats. Name as shown first on the PA tax return: Social Security Number shown first Brothers Larr G 199 34 8197 Read the instructions. Enter all sales, exchanges, or other dispositions of real or personal tangible and Intangible property. Amounts from Federal Schedule 0 may not be correct for PA income tax purposes. Spouses should file separate PA Schedule(s) 0, unless selling jointly owned property. Nonresidents should carefully read the OFFICIAL USE ONLY instructions concerninn intannible l\fQl\ernl. (a) (b) (c) (d) (e) (f) Describe the property: Date acquired Date sold Gross sales price Cost or Adjusted Gain or loss 100 shares of Xfl stock, or Month/day/year Month/day/year less expenses of Basis of the (d) minus (e) 10 acres in Dauphin County sale ~roperty sold If a loss, " j lOSS fill in the box , 2. Net gain or ioss trom above sales. it a net ioss, till in the box. .. ............ ..................... ........ ...... ......... "", LasSO 2. 3. Gain trom installment sales from PA Schedule 0-1....... .... .... ... ....... .......... ............ "I 8" .... .3. 4. Taxable return of capital distributions. .......... ......... '.. .. ........ Enter total distribution ." ................................. .... ................ ......... ................ Minus Adjusted Basis = 4. 5. Net gain or loss from the sale of 6-1-71 property from PA Schedule 0-71. If a net loss, fill in the box..... "" LOSSO 5. 6. Net gain or loss from partnerships and PA S corporations, PA Schedule(s) RK-1 or NRK." If a net loss, fill in the box. ,..LassO 6. 16 Taxable gain from the sale of your principal residence. Complete Columns (a) through (e) and enter your total gain on Une 7. (a) Address of residence (b) Date acquired: (c) Date sold: (d) Gross sales price (e) Cost or Adjusted (f) Gain or loss monthlday/year month/day/year less sale expenses Basis (d) minus (e) I r 7. Taxable gain from the sale of your principal residence. If you realized a net loss on the taxable portion 7. of the sale of \lour nrincinal residence enter a zero. 8. Total PA taxable nain or loss. Add Lines 2 throunh 7. Include the amount on line 5 ot"our PA.40. It a net loss fill in the box. LOSS 0 8. 16 PA.40 D/J (09'01) PA SCHEDULE J -Income from Estates or Trusts 2001 Name shown first on the PA tax return: Social Security Number shown first Read the instrucfions. Ust the name, address, and identification number of each estate and trust. For PA purposes, the estate or trust gives you a PA Schedule L. If you received a Federal Schedule K'I, instead of a PA Schedule L, submit it with your PA.40 and enter the amount of your PA taxable income. Indicate if the beneficiary is the taxna"er 'T' orthe snouse (St. Use (Jtlf vou and "our snouse are ;oint beneficiaries. 'a' Name and address of each estate ortrust T/S/J (bt Federal EIN (ctlncome Amount - Income from partnership(s), from your PA Scheduie(s) RK.1 or NRK," Income from PA.S corporation(s), from your PA Schedule(s) RK,1 or NRK-1. Total Estate or Trust Income. Add Column (c) and enter thetotai here and on Une 7 ofvour PA-40. 17470lIt2-27-01 D L 0101315059 0101315059 ....J .......!~. ~~, .....;, " "-,,, -(~.~ /J PA-40 Partnership and p Co7Poration Income Statement .1 Description Employer ID Number Taxpayer Amount Spouse Amount Larry & Robert B. Brothers, Partners 23-6451217 32,055. Total Partnership and S Corporation Income Less Reduction for Jobs Tax Credit 32,055. Amount included on PA-40, line 4 32,055. PA Schedule D Sale, Exchange or Disposition of Property Income from Schedule{s) RK-1 Statement 2 Description Taxpayer Amount Spouse Amount Larry & Robert B. Brothers, Partners Subtotal 16. Total to Schedule D, line 6 16. 1. W.2EARNINGS(AllaohW,2',), 1. 3~ bS'~ ~ 2. EMPLOYEE BUSINESS EXPENSES (Attach State Schedule UE*1 and Required-Attachments) . 3. TAXABLE W-2 EARNINGS (Subtract Une 2 from Une 1) . 4. OTHER TAXABLE EARNED INCOME (No IntereSt, DiVIdends or Unemployment Benefits, Attach Supporting Documents) 5. TOTAL TAXABLE EARNED INCOME BEFORE NET PROFITS (losses) FROM SELF-EMPLOYMENT . (Add Lines 3 and 4) o. NET LOSS FRO~ SELF-EMPLOYED BUSINESS, PROFESSION, OR FARM. . . _ . . . . .. ~ (Use Une 8 for any Net Profits) (Attach Appropriate IRS SchedUles) 2, 3. 4. 5, 6. ~ 7. SUBTOTAL (Subtract line 6 from Line 5) IF LESS THAN ZEAO, ENTER ZEAO. 8. NET PROFIT FAOM SELF-EMPLOYED BUSINESS, PROFESSION, OR FARM. . . '_' (Use Une 6 for any Net Losses) (AttaCh Appropriate IRS Schedules) 9. TOTAL TAXABLE EARNED INCOME AND NET PROFITS (Add Line 7 and 8). . 10. TAX UABlUTY 1% Qf UNE 9 (Multiply line 9 by.Q1) ......: > >. ... _., 11. CREDITS: A. ENTER TOTAL 1% TAX WITHHELD BY EMPLOYER. . . . . . B. ENTER QUARTERLY PAYMENTS MADE TO THIS BUREAU. . c. ENTER TOTAL 1% TAX CREDITS (Lme 11A plus Ime 118) 7. 8, 9, 3;;.. 0 S".J w . . 10. ,J ;L.O, .rs 11. -i()- ......... >. . 12. 13. :3~. sf ..... . . 14. 3,).U~.s f' TWPIBORO " " o ~ - 12. IFlIWE11ClSLARGERTHANUNE10,1i;.NTERREFUNDOUEHERE . . . . . (flless than $1.00, Enter Zero) . :_ If 13. IF LINE 10 IS LARGER THAN LINE 11C, PAY UNPAID BALANCE BY APRIL 15 (If Less than $1.00, E:nterZero) 14. ADD INTEREST AND PENALTY OF 1% Pe'~ MON.TH OF LINE 13 AFTER APAll15 . . 15. PAY BALANCE DUE WITH THIS RETURN (line 13 plus Line 14) OLD MAILING ADDRESS LIST MOVING INFORMATION FOR 2001 TAX YEAR BELOW (IF NOT THE SAME AS BELOW\ TA.,,( SlJl'lEAlJ eopy 2001 FINAL RETURN FOR EARNED INCOME TAX WESTAB FORM 531 (REV, 11/01) REfERENCe: NO. ,,,",- ",. . ,. co..'';' "'-'" -] ~. illil .i 1'/ SCHEDUl.E K-1 Partner's Share of Incqme, ~re:Jits, Deductions, etc. 0",8 "0, 15-15,0099, (Form 1065) ... See separate Instructions. ~@O 1 Qepartmenlollhe Treasury Inlern;]) Revenue Service 'For calendar year 2001 or 1ax year beginning .2001. and ending . 20 Partner's identifying number ~ 199-34-8197 Partnership's identifying number ~ 23 6451217 Partner's name, address, and ZIP code Partnership's name. address, and ZIP code Larry & Robert 757 Potts Hill Lew'isberry, PA - F Partner's share of liabilities (see instructions): Nonrecourse. . . . . $ ....,....,.......... Ouallfied nonrecourse financing $ ..........""...... Other $ ..........,......,.. Larry Brothers 756 Old Quaker Lewisberry, PA Road 17339 A This partner is a ~ general partner 0 limited partner o limited liability company member 13 What t~e of entity is this partner? )> ~P.;l;'.Y:+.~.:lt..\"'.. C Is this partner a 0 domestic or a 0 foreign partner? (i) Before change (H) End of or ter,mination year Brothers Road 17339 " Partners G Tax shelter registration number . ~ D Enter partner's percentage of: Profit sharing . Loss sharing . . . . Ownership of capital ...... '" E IRS Center where partnership filed return: J Analysis of partner's capital account: % SO % H % "".f::;" % % ..:S:D... % Check here if this partnership is a publicly traded partnership as defined in section 469(k)(2). . 0 Check applicable boxes: (1) !'&Final K-1 (2) n Amended K-1 (a) Capital account at (b) Capital contributed (c) Pai.ner's share of lines (d) Withdrawals and (e) Capital account at .md of 3.4, and 7, Form 1065, year (ccmbine columns (a) beginning of year during year Schedule M-2 distributions through (dl) (a) Distributive share item Vi III o ...J ~ Ordinary income (loss) from trade or business activities Net income (loss) from rental real estate activities Net income (loss) fram ather rental activities. Portfolio income (loss): a Interest b Ordinary dividends . c Royalties . d Net short-term capital gain (loss) e (1) Net long-term capital gain (loss). (2) 28% rate gain (loss) (3) Qualified 5-year gain 1 Other portfolio income (loss) (attach schedule) 5 Guaranteed payments to partner 6 Net section 1231 gain (loss) (other than due to casualty or theft) 7 Other income (loss) (attach schedule) 1 I 2 I 3 1 ~ 4b I 4c I 4d I 4e(1)1 4e(2)1 4e(3)1 41 I 5 I 6 I 7 I I 1 2 3 4 '" E o o .= III - ::0 '" ~ U Charitable contributions (see instructions) (attach schedule) 8 Section 179 expense deduction. 9 Deductions related to po~lio income (attach schedule) . 10 Other deductions (attach schedule) . 11 12a Low-income housing credit: ~4 (1) From section 42U)(5) partnerships . . . . . , . . . 1za(1)1 (2) Other than on line 12a(1). . . . . . . . . . . . !Za(ZI b Qualified rehabilitation expenditures related to rental real estate ::;; . 't' ,12b actlvl les . . c Credits (other than credits shown on lines 12a and 12b) related ~ I . ., 12c I to rental rea estate activIties. d Credits related to other rental activities 12d I 13 Other credits. 13 I , 8 o III :: c 9 "00 "'.- 10 e- 11 Fat Paperwork Reduction Act Notice, see Instructions for Form 1065. I( (b) Amount "3yrs- I), '--/ 1 ,- ;i..p~oO Cat. No. 1139..A )1 I (c) 1040 filers enter the amount in column (b) on: j } See pac~ 6 oi Partner's Instructions for Schec't.:Ie K-1 (Farm 1065). Sch. B. Par. I, line 1 Sch. 8, Far: II, line 5 Sch. E. Part I, line 4 Sch. 0, line 5, col. (1) Sch. 0, line 12. col. (f) Sch. 0, line 12, col. (9) Line j of'.Vc:rks~eet 'or 3c:1. D. lir.., 2; E:1teronac::iicacie:ir.eolycI.:rr:::.:.c.. } See page 6 of Partner's Instructions, for Schedule K-j (Form 10eSi. Emer on ac::f;caole :1r.~ of ,/c':.r ~e::.:-:. Sch. A, line 15 or 16 } See pages 7 and 8 of Partner's Instructions for Schedule K-1 (Form 1C65). } Form 8536. line 5 ) See page a of Partf1er"s Instructions for Schecule K-, (Form 1065\. Schedule K-1 (Form 1065) 2C01 il((' "".",,, ,". ~ 'j ~~"M;;j,1iiJ!lddiIil~~~~I~"_"'''''~"' k"'"lii1Ji""";'~'!;'iMfu!~:\\l";:llr@r!!~' '''''"''_'-Jlc.~,.... ill~1I11' Schedule K-l (Form 1065) 2001 Page 2 J ~ (a) Distributive share item (b) Amount (c) J040 filer;s enter the. . amount in column (b) on: c_ ., '" Form 4952, line 1 E" 14a Interest expense on investment debts. 14a - ~ } See page 9 of Partne,'s '" ., (1}lnvestment income included on lines 4a. 4b, 4c. and 4f 14b(1) .,- b >-= Instructions lor Schedule K~ 1 c (2) Investment expenses included on line 10. 14b(2) (Form 1065). .:..'E. 15a Net earnings (loss) from self-employment. 15a 3;).O.s-S Sch. SE, Section A or 8 co ~ } SeE:: page 9 of Partner's 'l' Ei b Grossfarming or fishing income. 15b "'> Instructions for Schedule K-1 ~ 0 Gross nonfarm income. 15c (Form 1 a65}. "'c. c ~ Depreciation adjustment an property placed in service after 1986 16a ~ ~ 16a >- ~ 16b See page 9 of Partner's ~ - b Adjusted gain or loss ~ 2l ~ - 16c Instructions ~ :l c Depletion (other than oil and gas) for Schedule K-1 C ~ l6d(1) ~ ~ d (1) Gross income from oil, gas, and geothermal properties (Form 1065) and E ~ ~"iii (2) Deductions allocable to oii, gas, and geothermal properties l6d(2) Instructions ior Fcrm 6251. ~ - :oc.. '" e Other adjustments and tax preference items (attach schedule) ~ 17a Name of foreign country or U.S. possession ~ ....-........-..- b Gross income from all sources 17b c Gross income sourced at partner level ~ d Foreign gross income sourced at partnership level: (1) Passive 17dl1 en (2) Listed categories (attach schedule) 17d(2 Q) (3) General limitation 17d(3 x ~ e Deductions allocated and apportioned at partner level: Form 1116, Pari J :: (1) Interest expense 7e(1 '" .~ (2) Other 7,(2 0 f Deductions allocated and apportioned at partnership level to ~ LJ,. ~ foreign source income: (1) Passive 171(1) (2) listed categories (attach schedule) 171m I (3) General limitation 171(3)1 I g Total foreign taxes (check one); ~ o Paid o Accrued 17g I Form 1116, Par: II h Reduction in taxes available for credit (attach schedule) 17h! I Form 1116, lioe 12 18 Section 59(e)(2) expenditures: a Type ~ ...............-.......-. ~ } See page 9 of Partner's Instructions fef Schedule K.1 b Amount 18b (Form 1065). 19 Tax-exempt interest income 19 Form 1040, line 8b ~ 20 Other tax-exempt income. 20 I ) Q) 21 Nondeductible expenses 21 See pages 9 and 1 a of r :;:: Partner's lnstruc:ions for 0 22 Distributions of money (cash and marketable securities) 22 SC"eduJe K-1 (Form 1065). 23 Distributions of property other than money 23 I 24 Recapture of low-income housing credit: ~ a From section 420)(5) partnerships 24a } b Other than on iine 24a . 24b I Form 8611, line 8 25 Supplemental information required to be reported separately to each partner' (attach additional schedules if more space is needed): :: " . 0 ........~.......... ._, #. -..... - - -... ... -...... ......... ......-.. ........ ........ -.... -...-....... ....... -.# .-....--..-.... ............... :;:; ('J ; E ~ .. -... -. -............... -..... - -. -...... - -........... -. -... -.... -.. -....... .~... -....... - --............ - -...... -........................ . 0 - .E rn .......---..--..-..--.._--....-_.-......_--...........--........-...-...-.......-........-........ .._.........--.......-..... ....-...... - :: Q) ..-..-....-...-..--..-....--...............-.......--...-......--..--..--...... --....--......-.....--...-..-...........--...-....--.-.... E ~ c. ..-.-..-.-.-.._-..- .-.--....--.....-..-.....--...--...-.....-.......--...--.....--.- .-..-...--..-..--...-...-..-........--..---.....-.... C. ::l Ul -...-.......--.-....-..--..-......--.---.. ..-.............--.--..-.. --..-.-....-..--.-..----.---. --...-.._--......-....--.._--......._-- Schedule K~1 (Form 1065) 2001 ~'"" WAYPOINT BANK P.O. BOX 1711 HARRISBURG PA 17105 0048016 'H AV n.'Z:55 ....AUTG TG n Hll1 17~~9 1",111",1"11",11,1,1"1,1,,1,"111,,,,,1,1,1,1,,11,,1,,1,1 LARRY G BROTHERS 756 OLD QUAKER RD LEWISBERRY PA 17339-9702 ACCOUNT NUMBER ACCOUNT TYPE '00100321355 01600004686 01600021200 ,,07100003856 * * * 2001 - 1099-INT, CHECKING TIME DEPOSIT CHECKING TIME DEPOSIT . " ,. >; '--,-,'."- , . -. ~. , - 0:.-.' "~,.,, '~, , ',_ C>. '~, ~" .' Combined Tax Statement for Year 2901 /5 THIS STATEMENT REPORTS 1099-DIV (OMB No. 1545-0110), 1099-INT (OMS No_ 1545.0112), 1099-010 (OMB No. 1545-0117). 1098 (OMB No. 1545.0901), 1098-E (OMB No. 1545-1576), t09s-MISC (OMS No. 1545-0115). 5498 (OMS. No. 1545-0747), 1099.B (OMS No. 1545-0715), 1099-5 (OMS No. 1545-0997), 1099-A (OMB No. 1545-0877), 1099-C (OMB No. 1545-1424). T DEPARTMENT OF THE TREASURY-INTERNAL REVENUE SERVICE. 0001 0001 "For Form 1099-8, D\V, INT, MISC anti OlD: This is important tax informatIon and is being furnished to the Internal Revenue Service. If you are required to fife a return, a negligence penalty or other sanction may be imposed on you i1 this Income Is taxable anti the IRS determines that it has not been reported." PAYERS E.r.N. 25 -1720585 CUSTOMER SERV PH# 1-866-929-7646 TAXPAYERS FEDERAL ID NO. 199-34-8197 IRS DESCRIPTION IRS BOX # AMOUNT INTEREST INCOME * * * INTEREST INCOME 1 INTEREST INCOME 1 INTEREST INCOME 1 INTEREST INCOME 1 6.27 739.93 2.02 636.55 'FORM 1099 010: THIS MAY NOT BE THE CORRECT FIGURE TO REPORT ON YOqR INCOME TAX RETURN. SEE INSTRUCTlDNS ON BACK. FEDERAL INCOME TAX WITHHELD .00 TOTAL CAPITAL GAINS DISTRIBUTION .00 TOTAL MORT INT PAID IRS FORM #1098 .00 TOTAL EARNINGS INT DIV & DID 1384.77 _L 1.- " :.,._.1- 1-, , '~;-2-.' ,- ,~ ..-_, /(p Fulton Bank CArITAL DmSION . lANpsTERlCHESTER DIVISION DROVERS BANI< DivISION . GREAT VALLEY DIVISION P.O. Box 4887 . Laneasrer, PA 17604 FEDERAL ID NUMBER: 23-1928421 DIRECT INQUIRIES TO: 800-385-8664 j LARRY G BROTHERS 756 OLD OUAKER RD LEWISBERRY PA 17339-9702 YOUR TAXPAYER 1. D. NUMBER: 199-34-8197 TAX YEAR 2001 1099-INT (OMB NO. 1545,0112) INTEREST INCOME STATEMENT 1099-010 (OMS NO. 1545-0117) ORIGINAL ISSUE DISCOUNT 109!H)IV (OMS NO. 1545-0110) DIVIDENDS AND DISTRIBUTIONS ".- ']>,-", 1057 1 This is important tax information and is being fUr'nished to the Internal Revenue Service. If you ar~ required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported. FORM 1099-INT FULTON CLASSIC CHECKING RELATIONSHIP CHECKING PERSONAL INDEXED MONEY FUND 13 1'10 CD .INVESTSTAR 25 MO CD INVESTS TAR 182 DAY ACCOUNT NUMBER BRANCH 0004-30781 00514 ACCOUNT STATUS: 0101-01411 00514 ACCOUNT STATUS: 0101-08351 00514 ACCOUNT STATUS: 000-0097778 00514 ACCOUNT STATUS: 000-0124598 00514 ACCOUNT STATUS: 000-0131263 00514 ACCOUNT STATUS: REDEEMED TOTAL INTEREST INCOME NOT INCLUDED IN BOX 3 (BOX 1~: TOTAL INTEREST ON U.S. SAVINGS BONDS~ ETC... (BOX 3 : TOTAL 1099-INT REPORTED TO TH~ IRS (BOXES 1 AND 3 : INTEREST CLOSED ACTIVE ACTIVE REDEEMED ACTIVE .' . PLEASE ~JOTIFY US PROMPTLY OF ANY CHANGE OF YOUR ADDRESS AND REPORT ANY ERROR WITHIN TEN DAYS. KEEP THIS cOpy FOR YOUR RECORDS. DO NOT ATTACH IT TO YOUR INCOME TAX RETURN, (BOX 1) 1.34 9.07 303.13 529.87 1,630.27 319.73 2,793.41 0.00 2,793.41 =,.~~". . -, ,,~,-,.-, . .~., - ,",- '.'"" ',--, ,-';'1."'" ,<,-' -'~ ''''"'''~'_'''_''.'''~'= x..:,-".-", ,.-,"R,,,,,,~'-"',,,,, "",_, -~ ; '~;:! . . . .. CERTIFICATE OF SERVICE On this } t'f t1 day of December, 2002, I certify that a copy of the foregoing PRE-TRIAL STATEMENT was served upon counsel for Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne, P A 17043 Attorney for Defendant E. Robert Elicker, II Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Master GOLDBERG, KATZMAN & SHIPMAN, P.C. By wt{; PAUL ES SITO, ESQUIRE 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Supreme Court ill #25454 Attorneys for Plaintiff " ~ u ,'."",,- ". .." #.. -.-.~,- ., .. .,--d_. .~ l;:;..i,;~--", - "" ", ,'~-'Ii:";';-,""",,<'''-i_ '"~. ,ii" ~:'''''~,'', --''''~-~i h GOLDBERG, KATZMAN & SHIPMAN. P.C. Paull. Esposito, Esquire Supreme Court 10 #25454 320 Market Street" P.O. Box: 1268 lImmbws PA 17108.!268 Attorneys for Plaintiff /1' {'FOro-ry LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF LARRY G. BROTHERS Plaintiff verifies that the statements made in this inventory and appraisement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: U. (~VJiJL ~4'./~~ ARRY . BROTHERS ' <'~ ~~ a ::I. I>>'Jil ~ ~(')~:> \O~-.... . w o . ..... O(tlOv 0=00 ~rt<?~ - ~ o - . "'" o . o 0 o 0 o 'Ell:"" " 0 J, ~ .g'O !:l el. I>> P.. e-. 0 g~ ;:", - \0 \0 v. "!j o a $ - o ~ :;;: s;::t:1 el S. 0.= &lOQ " ~ :> ~ :> ~ :> v. :l'- w ,~ ~ \:l:I"""'" ""'to- o 0" el. Sot'Da ~::+Si '" ~ P.. ~ '" () ~ r g '" ", 8 '0 ~ ...., ''''''''1:""-..) 1:""-..) - ~ VI (tl U'1 (tI U'1 ()o~-..) :JO\ e: _ ,0 ~ "0-"'- '0 ('D (tI V-I'W tI.l ..., ~"'CTO CTS; ~ S' I ~ ~ ~ ~ ",< ",i:!",~ 8 E- :>id :>~ ()" 0 :;>;I g '-' ~ 0 ~ ~ 9.:;;: '" " S.l!l. ~CIl ::>' ~g e-. CD @ CIl 8 B- " 0 ae.. ~ ~~ a ::I. .= &lOQ " ~ tv 0\ o .0 o o o o ~~ :;;:'i"c::~g ."'" P.. ",. ~ =l \0 er ("). (tI tv....OOO= WCD = OS:f-Io. i..> @ ...... ::l <: ~~5: ~e .. 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" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g: >' >' >' >' >' >' >' >' :> :> s: (\ 0 "" t"" ~. !U" -~ - ,< "y,~.''7'' - .__7, ',-,-.-_1;',-~-_.,-",:~", ;--',"','~0FS:>~-,-'>"",d","f-' _ :'_' ' '-"__'_';_'_'_'-='_"~'~"O_ .. "" I ~". ,tr ''''0_'''0'' '". -", "0"_;"", ~._ '~"I', :",_~~.__,,,__'" _ "C_ _-~_ "'__~_ _'. '_~".. P,' ',~" - _,. ......' I ....... ~ 00 ~ ~ t:I ~ " 'tI[fi ~ (3 ::I. rg-a 0 " ~. ...... ::l. 0 '0 '" ~ '0 Vl ...., ::z:: ~Z -I'> O~ ~ ~ '" ...., '" rs::t:I ~ t:I 8. g. ~. ~ " 1'>{Jq ~. g, ~ .... o' ::s t:lQ ~~ ~e. :>~ <> " :" g ...... <;I> N'O a>~ -. . ~~ 0...... ......" Ni-> &:a ...... I'> S' <: '" ~e. g, 2..[ ~ ~ :> ~ ;, g a ff g, ~ ~~ :> s- Ir:, iil ~r ~ ~ tJj Wl :> g, a. t:(i 9 t:I ~ " ~ ::z:: e. :> p. ~ 0 ...., r-< ~. " ::s 1-,--.- .- .._,_,.d',_._" -'1-~- ,-,.,., ..",-".,-. -.,. ,-' """'<,~ ",.;,~"-"",-~->,,," ,""''<'--, NON-MARITAL PROPERTY Item No. Description of Names of All Current Value Reason for Prooertv Owners Exclusion 1. 2002 Chevrolet H Acquired post- Impala separation 2. Silver Coins H $ 300.00 Gift from Father 3. 757 Potts Hill Road H and Robert $150,000.00 Gift from Father (50% interest) Brothers 4. Certificate of Deposit H $ 28,652.26 as Inheritance No. 124598 of 12-16-2002 5. IRA No. 750271-0 H $ 4,768.25 as Inheritance of 12-09-2002 6. Leonard Brothers H Gift from Father Partnership i;;~.~,., ",,- -; ~~ ',," . ~ '~'~-~-' - ~, , ~.' .~, ,- 'c. __ - ",'- ""_~. ~ ~~"~ -r jo' -- c=.i'~ ,,' '-.<,;-"t - a-",' -.",;(~-.~,'-.i~g,,,,,,;o.-- '-';-;;;:;'-":i-&;:"'__"'~, ~ __"'. ,. _ ;,';;"',.;'" MARITAL PROPERTY TRANSFERRED Item Description Owners Date of CostIV alue Date of Value as of No. of Property Acquisition at Acq. Transfer Transfer Date 1. 1987 Oldsmobile H During Post- $ 200.00 Marriage Separation -, - ',"'- ~" - " ' . ,,' '~L ,'r';;; 1..":;"__""' "' c :.c,',",-, 'h -"'.W__i:-~: ii'k",""#,, ~''''''''',.-&>~;::;-i'SiliJ~';,,{,:,_:,:''', .. - _~_;', ,,-_ CERTIFICATE OF SERVICE I hereby certify that I served a copy of the Inventory and Appraisement of Larry G. Brothers upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043 Attorney for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Paul 1. E osi ,Esquire Attorney J.D. #25454 320 Market Street, Strawberry Square P. O. Box 1268 Flanisburg,PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: ~/ )q ,2002 8903U J' 'I E. Robert Elicker, /I Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 j;. _' L , SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 8 January 2002 RE: Larry G. Brothers vs. Barbara A. Brothers No. 00-8114 Civil Term In Divorce Dear Mr. Elicker: Enclosed is the Pre-Trial Statement I filed on behalf of the Defendant Barbara A. Brothers. Please schedule a pre-hearing conference at your convenience. Thank you for your cooperation. amh / Enclosure cc: Paul J. Esposito, Esquire Sincerely, ~:;;~ ; -,,~-,. - , "". '-;='; TELl:PIJONE (717) "61-5361 l;:AX (717) ;'61-1435 .0, .',';;,<",;;",-L",~" b LARRY G. BROTHERS, Plaintiff 1/0/I~rt:- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Defendant, by her attorney, Samuel L. Andes, files this Pre-Trial Statement in accordance with Pa. R.C.P. 1920-33 (b): 1. ASSETS. The marital and non-marital as known to Defendant/Wife are listed on Schedule A and B which are attached hereto. 2. EXPERT WITNESSES. At this point, Wife anticipates calling the following expert witnesses: A. A real estate appraiser to establish the value of the real estate owned by the parties and their reasonable rental value. B. An appraiser of personal property to value the household tangible personal property and the tools, equipment, and other tangible assets of Husband's business. C. An appraiser of business interest, if necessary, to establish the value of Husband's business. Wife anticipates that the parties will be able to agree upon the value of various items, in which case it will not be necessary to call all of these witnesses. She reserves the right, however, to call these witnesses and such other expert witnesses as may be necessary to respond to Plaintiff/Husband's case in chief. 3. FACT WITNESSES. Wife intends to call herself as a fact witness and reserves the right to call additional fact witnesses as may be necessary to respond to Husband's case in chief. 4. EXHIBITS. Wife intends to offer into evidence exhibits as necessary to confirm the existence and value of marital assets, tax returns and income records for each of the Page 1 of 6 II parties and for Husband's business and other documents as may be necessary to respond to Husband's case in chief. 5. INCOME STATEMENT. Wife will file an Income and Expense Statement prior to the pre-hearing conference. 6. EXPENSE STATEMENT. Wife will file an Income and Expense Statement prior to the pre-hearing conference. 7. PENSION INFORMATION. Husband's retirement benefits consist of Individual Retirement Accounts which can be valued by a review of balances in those accounts. Wife has a small pension benefit with the Pennsylvania School Employees Retirement System, as a result of her work as a secretary for a local school district. If necessary, her benefits within that system can be appraised prior to the hearing. 8. COUNSEL FEES. Wife has filed a claim for counsel fees and will submit evidence at the hearing of the fees she has incurred and what she owes. 9. PERSONAL PROPERTY. Wife hopes that the parties can agree to divide the tangible personal property themselves without the court's involvement. In the event that they cannot, she intends to have those items appraised and each party charged with the value of the items they retain. 10. MARITAL DEBTS. There are no significant marital debts of which Wife is aware. 11. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Wife proposes that she receives 60% of the marital property, primarily because of the interruption of her working career caused by the necessity of raising six children and making a home for them and for Husband. She also proposes that she receive alimony in the amount of $500.00 per month for an indefinite term following the divorce. Finally, she proposes that Husband pay $5,000.00 toward her attorneys fees. Respectfully Submitted, C-~ Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 Page 2 of 6 Ii ';.-"L.. . ,1 . .",. '", i!c'j SCHEDULE A - MARITAL ASSETS ASSET VALUE DATE OF MARITAL LIENS VALUATION PORTION Marital residence at 757 Old Quaker $215,000.00 January 2002 100% None Road, Lewisberry, PA Unimproved lot adjacent to residence on $45,000.00 January 2002 100% None Old Quaker Road containing approximately 6 acres Rental value of residence and adjacent lot $2,000.001 month' October 2000 100% None to present Increase in value of commercial property $25,500.002 January 2002 100% None at 757 Potts Hill Road Reasonable rental value of commercial $500.00/ month3 October 2002 100% None property at 757 Potts Hill Road to present Cash proceeds of sale of timber from real $4,320.00 October 2000 100% None estate along Potts Hill Road Household furnishings, appliances, and Unknown" October 2000 100% None other items of tangible personal property located in residence Wife's account in Pennsylvania School $14,923.34 June 2000 100% None Employees Retirement System 1 This value will have to be confirmed by appraisal or by agreement of the parties. 2 This is based upon appraisals that Husband has obtained and Wife reserves the right to obtain appraisals of her own to challenge those values prior to the time of hearing. 3 Husband owns this property jointly with his brother where they both operate a commercial garage. This is an estimate only of the rental value of Husband's one half interest in the property and is subject to confirmation by agreement or appraisal. " The value and disposition of these items has yet to be determined and Wife believes a formal appraisal will be required. Page 3 of 6 .," ~ L~ ,- ,L, ~ ~ ..j, ~- ~- ,- ;"~L"1-~ Wife's SEP IRA account with Nationwide $670.21 August 2001 approxim None Life Insurance ately 10%5 Husband's Individual Retirement Account $8,616.82 November 2000 100% None No. 7401995 with Drovers Bank Husband's Individual Retirement Account $4,182.84 November 2000 100% None No. 7502710 with Drovers Bank Husband's interest in Leonard Brothers Unknown December 2002 100%7 None Partnership 6 Savings Bonds in Husband's possessionB Unknown December 2002 100% None Husband's coin collection Unknown" December 2002 Unknown None Husband's Certificate of Deposit $7,820.48 November 2000 100%'0 None No. 97778 with Drovers Bank 5 This represents funds deposited into a SEP IRA for Wife. The majority of the contributions in this account were made after the date of separation and are not marital property for that reason. 6 Husband owns this jointly with his brother and is a 50% owner. No appraisal of the business has been done up to this time. 7 Husband contends that all or part of this business is non-marital because he received it as a gift or an inheritance from his father. Wife disputes that claim. 8 Husband has these in his possession and Wife has no independent information about them. As a result, she does not know the number of savings bonds, the face amount, the present value, or the maturity date. 9 Wife is aware that Husband has a substantial collection of silver coins and believes that the majority, if not all, of those coins were acquired during the marriage. Husband claims that a portion of the coin collection is pre.marital and that claim must be documented. 10 Husband contends that some of these assets are non.marital property because they were acquired with assets he inherited from his father. Wife disputes that claim and the parties must confirm those transactions. Page 4 of 6 ,,~,,""" , ,-I ,l ",'-J", '';' -;,) r Husband's Certificate of Deposit $25,000.00 November 2000 100% 11 None No. 124598 with Drovers Bank Husband's Certificate of Deposit $10,000.00 November 2002 100% None No. 131263 with Drovers Bank Certificate Account No. 7100003856 $10,000.00 October 2000 100% None with Waypoint Bank Certificate of Deposit No. 1600004686 $10,000.00 March 2000 100% None with Harris Savings Bank (now Waypoint Bank) Money market account with Fulton Bank $14,000.00 October 2000 100% None (Account No. not known) (approx.) Husband's Checking Account Unknown October 2000 100% None No. 0100321558 with Waypoint Bank 1995 Ford Explorer automobile titled in Unknown October 2000 100% None Wife's name Various motor vehicles titled in Husband's Unknown October 2000 100% None name or otherwise in his possession. 12 11 Husband contends that some of these assets are non-marital property because they were acquired with assets he inherited from his father. Wife disputes that claim and the parties must confirm those transactions. 12 The exact identity of these vehicles is not known to Wife but she is aware that Husband owned and used several motor vehicles at the time of separation. Page 5 of 6 .~,.. , , j ~,,'I...._ ,c; "__~ 0' '-Li~..:b .;c " , q::L:" " SCHEDULE B - NON-MARITAL ASSETS To the extent that the parties own non-marital assets, they are identified on Schedule A. There are assets that Husband received by gift or inheritance during the marriage and the marital portion, which represents the increase in value during the marriage, of those assets are listed on Schedule A. Page 6 of 6 .. - '= ~ , "" '~ .~ ~ ," ~'~"lii&:~) LARRY G. BROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-8114 CIVIL TERM BARBARA A. BROTHERS, Defendant IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Defendant, by her attorney, Samuel L. Andes, files this Pre.Trial Statement in accordance with Pa. R.C.P. 1920-33 (b): 1. ASSETS. The marital and non-marital as known to Defendant/Wife are listed on Schedule A and B which are attached hereto. 2. EXPERT WITNESSES. At this point, Wife anticipates calling the following expert witnesses: A. A real estate appraiser to establish the value of the real estate owned by the parties and their reasonable rental value. B. An appraiser of personal property to value the household tangible personal property and the tools, equipment, and other tangible assets of Husband's business. C. An appraiser of business interest, if necessary, to establish the value of Husband's business. Wife anticipates that the parties will be able to agree upon the value of various items, in which case it will not be necessary to call all of these witnesses. She reserves the right, however, to call these witnesses and such other expert witnesses as may be necessary to respond to Plaintiff/Husband's case in chief. 3. FACT WITNESSES. Wife intends to call herself as a fact witness and reserves the right to call additional fact witnesses as may be necessary to respond to Husband's case in chief. 4. EXHIBITS. Wife intends to offer into evidence exhibits as necessary to confirm the existence and value of marital assets, tax returns and income records for each of the Page 1 of 6 ~ II - I~ ,---,.. , - , '-. - _k' ~'~'" -"-,,,,"", ""'<;0; ... parties and for Husband's business and other documents as may be necessary to respond to Husband's case in chief. 5. INCOME STATEMENT. Wife will file an Income and Expense Statement prior to the pre-hearing conference. 6. EXPENSE STATEMENT. Wife will file an Income and Expense Statement prior to the pre-hearing conference. 7. PENSION INFORMATION. Husband's retirement benefits consist of Individual Retirement Accounts which can be valued by a review of balances in those accounts. Wife has a small pension benefit with the Pennsylvania School Employees Retirement System, as a result of her work as a secretary for a local school district. If necessary, her benefits within that system can be appraised prior to the hearing. 8. COUNSEL FEES. Wife has filed a claim for counsel fees and will submit evidence at the hearing of the fees she has incurred and what she owes. 9. PERSONAL PROPERTY. Wife hopes that the parties can agree to divide the tangible personal property themselves without the court's involvement. In the event that they cannot, she intends to have those items appraised and each party charged with the value of the items they retain. 10. MARITAL DEBTS. There are no significant marital debts of which Wife is aware. 11. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Wife proposes that she receives 60% of the marital property, primarily because of the interruption of her working career caused by the necessity of raising six children and making a home for them and for Husband. She also proposes that she receive alimony in the amount of $500.00 per month for an indefinite term following the divorce. Finally, she proposes that Husband pay $5,000.00 toward her attorneys fees. Respectfully Submitted, ~ Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761.5361 Page 2 of 6 ,"'" ~.~.. ,- ... I. I _ _I, .""~" ..........;;..~:.,),' ~ SCHEDULE A - MARITAL ASSETS ASSET VALUE DATE OF MARITAL LIENS VALUATION PORTION Marital residence at 757 Old Quaker $215,000.00 January 2002 100% None Road, Lewisberry, PA Unimproved lot adjacent to residence on $45,000.00 January 2002 100% None Old Quaker Road containing approximately 6 acres Rental value of residence and adjacent lot $2,000.00/ month' October 2000 100% None to present Increase in value of commercial property $25,500.002 January 2002 100% None at 757 Potts Hill Road Reasonable rental value of commercial $500.00/ month" October 2002 100% None property at 757 Potts Hill Road to present Cash proceeds of sale of timber from real $4,320.00 October 2000 100% None estate along Potts Hill Road Household furnishings, appliances, and Unknown4 October 2000 100% None other items of tangible personal property located in residence Wife's account in Pennsylvania School $14,923.34 June 2000 100% None Employees Retirement System I This value will have to be confirmed by appraisal or by agreement of the parties. 2 This is based upon appraisals that Husband has obtained and Wife reserves the right to obtain appraisals of her own to challenge those values prior to the time of hearing. 3 Husband owns this property jointly with his brother where they both operate a commercial garage. This is an estimate only of the rental value of Husband's one half interest in the property and is subject to confirmation by agreement or appraisal. 4 The value and disposition of these items has yet to be determined and Wife believes a formal appraisal will be required. Page 3 of 6 - . -,"",- . ';-.;-c;;~ ", . Wife's SEP IRA account with Nationwide $670.21 August 2001 approxim None Life Insurance ately 10%5 Husband's Individual Retirement Account $8,616.82 November 2000 100% None No. 7401995 with Drovers Bank Husband's Individual Retirement Account $4,182.84 November 2000 100% None No. 7502710 with Drovers Bank Husband's interest in Leonard Brothers Unknown December 2002 100%7 None Partnership" Savings Bonds in Husband's possession" Unknown December 2002 100% None Husband's coin collection Unknowns December 2002 Unknown None Husband's Certificate of Deposit $7,820.48 November 2000 100%'0 None No. 97778 with Drovers Bank 5 This represents funds deposited into a SEP IRA for Wife. The majority of the contributions in this account were made after the date of separation and are not marital property for that reason. 6 Husband owns this jointly with his brother and is a 50% owner. No appraisal of the business has been done up to this time. 7 Husband contends that all or part of this business is non.marital because he received it as a gift or an inheritance from his father. Wife disputes that claim. 8 Husband has these in his possession and Wife has no independent information about them. As a result, she does not know the number of savings bonds, the face amount, the present value, or the maturity date. 9 Wife is aware that Husband has a substantial collection of silver coins and believes that the majority, if not all, of those coins were acquired during the marriage. Husband claims that a portion of the coin collection is pre-marital and that claim must be documented. 10 Husband contends that some of these assets are non-marital property because they were acquired with assets he inherited from his father. Wife disputes that claim and the parties must confirm those transactions. Page 4 of 6 . -,---.. .'-' "----'"";:- .. Husband's Certificate of Deposit $25,000.00 November 2000 100%" None No. 124598 with Drovers Bank Husband's Certificate of Deposit $10,000.00 November 2002 100% None No. 131263 with Drovers Bank Certificate Account No. 7100003856 $10,000.00 October 2000 100% None with Waypoint Bank Certificate of Deposit No. 1600004686 $10,000.00 March 2000 100% None with Harris Savings Bank (now Waypoint Bank) Money market account with Fulton Bank $14,000.00 October 2000 100% None (Account No. not known) (approx.) Husband's Checking Account Unknown October 2000 100% None No. 0100321558 with Waypoint Bank 1995 Ford Explorer automobile titled in Unknown October 2000 100% None Wife's name Various motor vehicles titled in Husband's Unknown October 2000 100% None name or otherwise in his possession. 12 II Husband contends that some of these assets are non-marital property because they were acquired with assets he inherited from his father. Wife disputes that claim and the parties must confirm those transactions. 12 The exact identity of these vehicles is not known to Wife but she is aware that Husband,owned and used several motor vehicles at the time of separation. Page 5 of 6 . , ~ J "' ~~ - '-' ...J;. ':J~" SCHEDULE B - NON-MARITAL ASSETS To the extent that the parties own non-marital assets, they are identified on Schedule A. There are assets that Husband received by gift or inheritance during the marriage and the marital portion, which represents the increase in value during the marriage, of those assets are listed on Schedule A. Page 6 of 6 '" 41 '" LARRY G. BROTHERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW BARBARA A. BROTHERS, DEFENDANT NO. 2000-8114 CIVIL TERM IN DIVORCE PLAB\ITIFF"S COUNTER-AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. Check either (a) or (b): v-1a) I do not oppose the entry of a Divorce Decree. _ (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): _ (i) The parties to this action have not lived separate and apart for a period of at least 2 years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. ~b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. / I verify that the statements made in this Counter.Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /?),</,/tJz". ~4S~/ ARRY . BROTHE NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. II - ,- ,-~ < ',,> ,~" " _ "_.>__.~,,,;.r."'~ ,;.,,",_ ~1' il I I A , . CERTIFICATE OF SERVICE On this 16th day of December, 2002, I certify that a copy of the foregoing PLAINTIFF'S COUNTER-AFFillA VITUNDERSECTION3301(d) OF THE DIVORCE CODE was served upon the following counsel of record for Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 GOLDBERG, KATZMAN & SIllPMAN, PoCo By PAUL . E OSITO, ESQUIRE 320 Mar~ Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ill #25454 Attorneys for Plaintiff ,~.,' ..,.~ _. -~-'- Ht, "_ "',__"_.0,,,_ , . -" C) C -0''-'" fTtl, .~"--; -- c:.--, ~--- r:: ~~~:j. ~- ~::-\ -( _.. . , ~ ~ ,1 'J ~ ~ r~- (,) :I\) ~ ~ -,. '- '--, ~" -ltjWW.iBl\~l'i In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BARBARA A. BROTHERS ) Docket Number 00-8114 CIVIL Plaintiff ) vs. ) PACSES Case Number 315102977 LARRY G. BROTHERS ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 30TH DAY OF JUNE, 2003 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or o Suspended or ~Terminated without prejudice or 0 Terminated and Vacated, effective JUNE 17, 2003 , due to: THE PARTIES' DECREE IN DIVORCE ON JUNE 17, 2003 AND SEPARATION AND PROPERTY SETTLEMENT AGREEMENT. THERE IS A REMAINING BALANCE OF $186.40 AND IS TO PAID IN FULL WITHIN FIVE DAYS UPON RECEIPT OF THIS ORDER. DRO: RJ Shadday xc: plaintiff defendant Paul Esposito, Esquire Samuel Andes, Esquire BY THE COURT: MAILED ~ ~() 'O'S JUDGE Edgar B. Service Type M Form OE-504 Worker 1D 21005 ',~1lli:iri:Q;.-"ifJJM"~j'~!<~,~'H:_WM8<!fkif[&mHJl;Xk11iWWk.lM1~>f~~ ~iilIllilli'f""li~' -". t ~.u "_~_^, " ~ "'-'1l_-''''''~;-' ,".' -"J.fL::l 8 -oS: rnRi Z::c, ZC' (j),,"' rs:r <>~ )>,--. Zt )>C 2: -~ -< .L~ . '~ ' o w '- C r- ~ '-j ... ;ii:D r- .,'" ~.50 ':~6 "T::::; ';:;:) :~--")m '::::1 ?5 -< I [\.,) -0 ::~ N .. ~ W