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Home My WebLink About01-2384 FX . . . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES F. MULFORD, Plaintiff No. 01-2384 CIVIL TERM VERSUS . . LISA D. MULFORD, Defendant . DECREE IN DIVORCE . AND NOW, vr-,rJ _~u , 200] , IT IS ORDERED AND r7 DECREED THAT JAMES F. MULFORD , PLAINTIFF, AND LISA D. MULFORD , 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; No issues are outstanding. All issues have been resolved and settled by the Parties' Marriage Settlement Agreement dated December 3, 2003, filed of record and incorporated into, but not merged with, this Decree. . .. . By THE COU;;t/l.;? ATTEST J. . . . ~. - ,'~ ,~'-,'?<~ T"',"~" ,,'''~, ',r' t".. I." ( .' 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''''\ I r" lr- , ,') "~ \ .~ '? /.t.!.;i'/~o- .~ ~~ I ,~ ,/'["" t ;-""~",,..:_~:.-,~:~.C.~-"_.,/h,:., {,.,'i' t ~.r. ''! ...,~,.;. \"r; 'I'~ W -, ~''''''l:3e:.';~~ 0:;.. U (( "1',->=-i:.--~.. (I ! I t t ! ,1,,~~~~J4~-( ",",,;,;~ !' ,=;",-~'. i':' " l-.. :;~~~.:- " 1-.2' :";: '~~~"<.t>_<' t.J ~, ! !~'~l/L..",~~;/i, , . 1.4 (~-~ !:1;~~ :~}"",~A_"\~-,,~J\."t)".'i';-::; r . f 'J~~,~...t~ ( \ - '.J lJJ ~ ~ ..", ,{',--e;.- [', 1;,.-., ',t / /, ". 1'(" j ~>-\,;..__,;.:.i. \/ \ '-""",:}.""".j,,/ """ , , !,:'-"f~= ~::t.-;.J< " ~ lit! iff ",. j- f~ t. ,;!}J.~_ f):' .., ..'/ ~#"".?-- r-..>-"" ~ j,..,\; ,~ '1~:...~;; I....~:"... !'_' L\-':'" ~:? ':~" "~ '" .. JAMES F. MULFORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 01-2384 CIVIL 19 LISA D. MULFORD IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: I I /I~'/V) ',)~I b:s "d"'." 1'10 rj ~'{~r"~{ ,0 , "'.1 t11 ikitvv\, ~ r' , I I ~ -f?tt'Pl / '-/1 D(e"3 """1~:l'I"2"WI, '" ,. I' i" i--~l ._.~ ~". -n ..- - + , '~T ,,';;1'1 ,~ JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2384 CIVIL LISA D. MULFORD, Defendant IN DIVORCE TO: Diane G. Radcliff , Attorney for Plaintiff Samuel L. Andes , Attorney for Defendant DATE: Monday, June 2, 2003 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. .. l' '," ;'r~~' " r~ I .. '-'--'~"'~ "......', , ,~ ~ .. (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. ;', ,~" 1f.J, ',,' ,^--" , ..' ,0"" ", 1 " "~"I '~" . 1"1 '1 . , . ~ .~~" DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 December 9, 2003 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 F Re: James F. Mulford v. Lisa D. Mulford Cumberland County Divorce #01-2384 Dear Divorce Master Elicker: I am pleased to advise you that the parties resolved all of their differences and entered into a Marital Agreement dated December 3, 2003. Two (2) copies of that Marital Agreement are enclosed with this letter. Please proceed with securing an order revoking your appointment so that I may secure the entry of the Divorce Decree. Please note that the spousal support does not terminate until the entry of the Divorce Decree, so I would appreciate it if you would take action on this request as soon as possible. Thank you for your attention in this matter. Very truly yours, ) DGR/dr Enc1osure(s): Marital Agreement (2 copies) cc: Samuel L. Andes, Esquire James F. Mulford File No. IS-OlD TRANSMITTED BY HAND DELIVERY t",~"", , .H,. """ I, ," I' ,--" ~, 1 r 1" DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 July 25, 2003 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Re: James F. Mulford v. Lisa D. Mulford Cumberland County Divorce #01-2384 Dear Divorce Master Elicker: On July 10, 2003 I mailed my Pre-Trial Statementto you and sent a copy thereof to Attorney Andes. . This filing was in accordance with your order requiring the filing of that Statement on or before July 14, 2003. I note that as of today's date I have not yet received Attorney Andes' Pre-Trial Statement to have been filed on behalf of the Defendant. The Rules of Civil procedure provide for the imposition of Sanctions for failure to file this Statement. Those Rules are as follows: 1. Rule 1920.33(c): If a party fails to file either an Inventory as required by subdivision (a) or a Pre-Trial Statement as required by subdivision (b), the Court may make an appropriate Order under Rule 4019(c) governing sanctions. 2. Rule 1920.33(d)(i): A party who fails to comply with the requirement of subdivision (b) of this Rule (the filing of a Pre-Trial Statement with the information set forth in subparagraph (b) shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence in support of or opposition to the claims for the matters not covered therein. o,,~, ,~ ,,,, 1- "I' , r ' ~ r' -', ~ . . Page 2 3. Rule 1920.33( d)(ii): A party shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the Pre-Trial Statement. I am requesting that you either enter Sanctions against the Defendant or compel the filing of the Defendant's Pre-Trial Statement in the form required by the Rules of Civil Procedure so that this case can move forward without further delay. Very truly yours, ,~ I DCLIFF, ESQUIRE DGR/dr cc: Samuel L. Andes, Esquire James Mulford File 18-0lD "d ", I~ I, !';11' ,m~ OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 June 16,2003 Diane G. Radcliff Attorney at Law 3448 Trindle Road Camp Hill, PA 17011 Samuel L. Andes Attorney at Law 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: James F. Mulford vs. Lisa D. Mulford No. 01 - 2384 Civil In Divorce Dear Ms. Radcliff and Mr. Andes: Both counsel have certified that discovery is complete. A divorce complaint was filed on Apri124, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The Plaintiff has filed an affidavit of consent under Section 3301(c) and also an affidavit under 3301(d) averring a separation since March 1,2001, a period in excess of two years. The complaint also raised the economic claim of equitable distribution. On May 24,2001, the Defendant filed a petition raising on her behalf the economic claims of alimony, alimony pendente lite, and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, July 14,2003. Upon receipt of the pretrial statements, I will immediately schedule a pre- "',,,,,<~" ' , q~"""';';'<,,":,,'~o..',',~."l<r,,?,. _,c ' .;fr. "I'~ ' . I"","" "",',0 "[.'!"_':, , - ~,"".," - -, - ,', . Ms. Radcliff and Mr. Andes, Attorneys at Law 16 June 2003 Page 2 hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (e) 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. '~ , ," ",-.,- r I" j, -','/' , . " " ,?' DIANE G. RADCLIFF, ESQUIRE Attorney at Law Phone: (717) 737-0100 Facsimile: (717) 975-0697 3448 Trindle Road Camp Hill, Pennsylvania 17011 July 10, 2003 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Re: James F. Mulford v. Lisa D. Mulford Cumberland County Divorce #01-2384 Dear Divorce Master Elicker: I am enclosing with this letter the Plaintiff's Pre-Trial Statement. Very truly yours, SES~/ DGR/dr Enclosure(s) : Plaintiff's Pre-Trial Statement cc: Samuel L. Andes, Esquire James Mulford File 18-01D ";;,~ ,,~ '- ". ,'~ .-"", .n',,'" __ T' I' , ,~, ~ '. T"'~. ' '! I. t . SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. o. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5~61 FAX (717) 761-1435 7 August 2003 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: James F. Mulford vs. Lisa D. Mulford 01-2384 Civil Term Dear Mr. Elicker: Enclosed is the Defendant's Pre-Trial Statement in the above matter. I apologize for the delay in filing this, but I was out of my office on vacation and did not complete it during the press of my preparations for the vacation. Please schedule a pre-trial conference at your convenience. Sincerely, ~L~4 Samuel L. Andes Ie Enclosure cc: Diane Radcliff, Esquire '~,.'. . m I ~ ,C"'I ..,.....-,-.., .E , f"-,I , 'Ie - , " ~,." , " . . -,--', , SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761'5361 13 June 2003 FAX (717) 761-[435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: James F. Mulford vs. Lisa D. Mulford Dear Mr. Elicker: Enclosed is the Discovery Certification which I file on behalf of the Defendant. We have not had all of the assets formally valued because we believe we have agreed upon the identity and value of most of the assets. If that is not the case, we may have to have experts value some of those assets. However, I believe the formal discovery, in terms of exchanging documents and the like, has been completed, I also believe that Diane Radcliff and I will be able to work out any remaining matters without formal discovery. Please set a date for us to file our pre-trial statements and the matter can proceed. Thank you for your attention to this matter. Sincerely, sa&s amh / Enclosure cc: Diane G. Radcliff, Esquire '.;';';T"'" ,,~" . .......1:......1. ,'~ ~":ri','-':>'" L;' DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Toodle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 June 4, 2003 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Re: James F. Mulford v. Lisa D. Mulford CUmberland County Divorce Action No. 01-2384 Dear Mr. Elicker: I am herewith enclosing with this letter my Certification that the discovery has been completed in the above referenced matter. It is my position that this case is ripe for the scheduling of the preparation and filing of the Pre-trial Statements in this case. That determination can be made by you, of course, upon receipt of Attorney Andes' response to this Certification request. Very truly yours, DGR/cmj Enclosure: Certification cc: James F. Mulford Attorney Samuel L. Andes, Esquire File 18-01D ESQ I '''''"'''',- 'I'"'' ~ I' "I'; I ,.. ,~. tI 0,'( v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2384 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE JAMES F. MULFORD( P ai ntiff LISA D. MULFORD, Defendant PLAINTIFF'S PRE-TRIAL STATEMENT Plaintiff, James f. Mulford, by his attorney, Diane G. Radcliff, Esquire files this Pre-Trial Statement. :n$J;~'tIQN .' I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. TABLE OF CONTENTS BACKGROUND INFORMATION LISTING OF MARITAL ASSETS AND DEBTS LISTING OF PERSONAL PROPERTY LISTING OF MARITAL DEBTS PENSIONS LISTING OF NON-MARITAL ASSETS AND DEBTS INCOMES AND EXPENSES COUNSEL FEES AND COSTS EXPERT WITNESSES OTHER WITNESSES PROPOSED RESOLUTION LISTING OF PROPOSED EXHIBITS PROPOSED EXHIBITS 2 7 15 22 23 25 26 30 31 32 33 34 Supplement DATED: ~ I {) I Z.oO 3 . ReSpeCtfU~mitted, " I I t ANE"'G. RADCLIFF, ESQUI E nndle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court lD # 32112 Attorney for Plaintiff ". , SECTION I. BACKGROUND INFORMATION DESCRIPTION HUSBAND Name JAMES FRANK MULFORD LISA GREA DEMASTUS (First. Middle, Last) MULFORD Maiden Name LISA GREA DEMASTUS Social Security Number 163-52-5189 204-58-5805 Address 1077 Lancaster Blvd., Unit 6 41 Keefer Way Mechanicsburg, PA 17055 X Mechanicsburg, PA Names and Relationship of Persons None The parties' 2 chiidren Living with Party X Date Party Moved into this 3/1/02 X 7103 Residence X Date PA Residency Began At Birth X Most of Life Age 39 40 Date of Birth 10/27/63 X 2/12/63 Place of Birth Easton, PA X Akron, OH Race Caucasian X Caucasian Health Status Good Good Educational Background BA Kutztown 1985 X BA-"Teaching-Kutztown 1985 Current Military Service N/A X N/A Employer's Knowledge Planet Harrisburg School District Name and Address X Occupation (Job Position) Sr. DBA X Teacher Date Employment Commenced 2/14/00 1989 Est. Annual Income $96,687.00 Effective 9/03 $52,000.00-$54,000.00 - 2 - , "',;, ., ,....... ..,.,;;..'.",..;'.:MARRiA'GEINFQRMATioN..;....,....,......... :< .......,. . .... ." .... ""., ."",." ""',""""""""" ".""....",,,,,,,, """ " " " "....., "",...... Date of Marriage 5/25/86 Place of Marriage Hudson, Ohio Date of Separation 3/1/01 Statement of Marital Problems Irreconciiable Differences Grounds for Divorce 3301 (C) AND (D) No-fault Prior Divorce Actions Between Parties None Number of this Marriage for Wife 1 Number of this Marriage for Husband 1 ... ....,.............. . .......'....,';';:..'P'HjCORgNQf;ffl($..MARR'IA~g.;;'..,.,.. .. ........... ....,... NAME AGE DATE OF BIRTH CUSTODIAN OR EMANCIPATION Kevin J. Mulford 1 2 4/9/91 Wife Michael L. Mulford 9 4/1/94 Wife .,.....,. ,.,...",....~Qee:QRT;tQRTHi~...MARRiAGg....."...... ,...... ..... Name of Party Paying Support Husband Beneficiaries of Support Wife and 2 Children Allocation 1302.84/mo Chiidren and $707.72 for Wife, Including Mtg. Contribution Agreement or Order Order Date of Agreement or Order 6/20/02 Docket Number of Support Order 0039 S 2001; Pacses No. 243103472/30678 Comments: Husband's Modification Petition filed on 5/27103 pending due to be heard on 8/6/03 - 3 - ~, None NUMBER OF DATE OF MARRIAGE TERMINATION N/A N/A MANNER OF TERMINATION PARTY N/A p,.;:,>, ... .....;.P ...cH!LpagNoFoI!;jEr{geQ\TIONSt!iPS1MARRJAGI;S..:..,......... ... .". PARTY NAME OF CHILD DATE OF BIRTH AGE CUSTODIAN OR EMANCIPATION None N/A N/A N/A N/A lEi .. ,....,.............~l.1re()~Tr.A,~IMo~f.()R...PRIQR.MARRtAG~~iR~.~!!~~~.~lp:P';.>>..... Name of Party Paying Support N/A N/A Beneficiaries of Support N/A N/A Allocation N/A N/A Agreement or Order N/A N/A Date of Agreement or Order N/A N/A Docket Number of Support Order N/A N/A Comments: N/A N/A - 4 - ::':: .,... . ,..,......i:..'.. '........'.'..:..neRP~!~J~I:UNG~;lNfQRMAI!Q:N::>.ii"" . .... ..i"...i..,, ".. ..<"ii .i;,.. COMPLAINT Date of Filing of Complaint 4/24/01 Date of Service 5/1/01 Manner of Service Certified Mail, Restricted Delivery Type of Divorce Requested 3301 (c); 3301 (d); and indignities Economic Claims Raised Equitable Distribution ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading Wife's Petition for Economic Relief Date of Filing of Pleading 5/24/01 Type of Divorce Requested N/A Economic Claims Raised Alimony; APL; CFC INCOME AND EXPENSE STATEMENTS Date of Filing of Plaintiff's I&E Statement 5/14/03 Date of Filing of Defendant's I&E Statement Not Filed INVENTORIES Date of Filing of Plaintiff's Inventory 5/14/03 Date of Filing of Defendant's Inventory Not filed 3301 C DOCUMENTS Date of Plaintiff's 3301 (c) Affidavit 5/1/03 Date of Filing of Plaintiff's 3301(c) Affidavit 5/14/03 Date of Defendant's 3301(c) Affidavit N/A Date of Filing of Defendant's 3301(c) Affidavit N/A Date of Plaintiff's 3301(c) Waiver of Notice 5/1/03 Date of Filing of Plaintiff's 3301 (c) Waiver 5/14/03 Date of Defendant's 3301(c)waiver of Notice N/A Date of Filing of Defendant's 3301 (c) Waiver N/A - 5 - 3301 D DOCUMENTS Date of Separation 3/1/01 Manner of Separation (In House or Physical) Physical Date of Expiration of 2 Year Separation Period 3/1/03 Date of Plaintiff's 3301 (d) Affidavit 4/5/03 Date of Filing of Plaintiff's 3301(d) Affidavit 4/29/02 Date of Service of 3301 (D) Affidavit 5/1/03 Manner of Service of 3301(d) Affidavit Sent by Certified Mail to Defendant's Attorney Date of Plaintiff's Notice of Intent to Request Entry of 6/18/03 Divorce Decree and Praecipe to Transmit Record Date of Service of Plaintiff's Notice to Request Entry 6/18/03 of Divorce Decree and Praecipe to Transmit Record Manner of Service of Plaintiff's Notice to Request Regular Mail on Defendant's Attorney Entry of Divorce Decree and 3301(d) Counter- affidavit BIFURCATION Has the case been bifurcated No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A PREVIOUSLY RESOLVED ISSUES Issue ftl Resolution Support Order entered on 6/20/02 for 1302.84/mo Children; and $707.72 for Wife, Including Mtg. Contribution Issue #2 Resolution Distribution of the $77,000.04 in proceeds from the sale of the marital home Proceeds are being divided 55% ($42,350.02) to Wife and 45% ( $34,650.02) to Husband as a final equitable distribution. - 6 - > SECTION n MARITAL ASSETS AND DEBTS1 The following is a listing of the marital assets and debts of the parties: TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE OF ASSET VALUE OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ITEM 1 9 Norfolk Court, Mechanicsburg, PA Comments: <II Real Estate sold 5.28.03 with Net Proceeds @ $77,000.04 4Il Proceeds being divided 45% ($34,650.02) to Husband and 55% ($42,350.02) to Wife..[ 5.28.03 TBD forty five percent fifty five percent ITEM 2 Wife's 1992 V.W. Jetta Vehicle Loan Net Value 0.00 0.00 0.00 Comments: * Wife needs to complete Kelley Blue Book sheets and supply current loan payoff statement. ITEM 3 Husband's 2001 Saturn Loan N/A Net Value N/A N/A LEASE N/A LEASE N/A LEASE Comments: 4Il Husband leased this vehicle in February of 2001 for 39 months. There was a trade in of mini van for $1,000.00 which was applied towards this lease. 'Rule 1920.33(b)(1): The Pretrial Statement is to inClude a list of the assets which may be in chart form indicating their value, the date of valuation, whether any portion is non-marital; and any liens and encumbrances thereon. nOM - 5/25/86 DOS - 3/1/01 DATE PREPARED -7/09/03 - 7 - TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE OF ASSET VALUE OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ::'>.....'..:........'....:)..:.:'::,....>.~IQi:;.k$,..a'pNP$';$'gl::Qi~JIig~;.P~tiPN$.ANP;INX~m~rrr:~~~gNf$F.."'."'. ITEM 4 Knowledge Planet Stock Options Comments: 1Il2.14.00 options for 2000 shares granted @$2.39/share or $4,780.00 total..f <III Currently these stock options have no value. TBD TBD TBD TBD TBD ITEM 5 N/A Divided Equally Divided Divided Equally Divided Equally Equaily Comments: 4Il All accounts have previously been divided equally. Approximately $800.00 divided. ":,.,,,:,'.':)>:..::,SS"S::..)$;.$.1JNq$"AGi?qQ~I~i:S~S~gY;SMAR~~f;';f1tii?~&~!i9~$"j;~RIJf!sAI~$:F..: ITEM 6 .................,...".. ..................., ..... .."..,,,., """...,.,.,,,.,,.. ..................."....". """""""""..... ... ............................ "'''''''''''''''''''.... .__m...........,..... .........".". N/A Divided Equally Divided Divided Equally Divided Equally Equally Comments: @ All accounts have previously been divided equally. Approximately $1,600.00 divided. ITEM 7 Wife's PSERS Retirement Comments: * This pension has not yet been appraised. 7.2.01 83,989.25 83,989.25 83,989.25 <II Based on retirement on 2.22.01 and WITHOUT ACT 9 LEGiSLATIVE CHANGES the State's present value is $70,637.51. ..f 4Il Based on retirement on 7.2.01 and WITH ACT 9 CHANGES AND CLASS T-D MEMBERSHIP the State's present value as of 7.2.01 is $83,989.25. ..f 411 Based on a retirement of 6.30.02 and WITH ACT 9 CHANGES AND CLASS T-D MEMBERSHIP the State's present value as of 6.30.02 $110,993.94. ..[ DOM - 5/25/86 DOS - 3/1/01 DATE PREPARED -7/09/03 - 8 - , TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF DATE OF VALUE OF ASSET NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE OR LIABILITY DISTRIBUTION DISTRIBUTION LIABILITY TO HUSBAND TO WIFE ITEM 8 Wife's 403b 12.31.02 15,899.39 15,899.39 15,899.39 Retirement Comments: " 12.31.02 marital value @ $15,899.39..[ liB See Analysis at end of this Section. ITEM 9 Husband's KP 401 K 12.31.02 6,531.65 6,531.65 6,531.65 Comments: Vested Value as of 3.31.01 was $7,768.18..[ 12.31.02 marital value @$6531.65..[ 3.31.03 marital value @ $6420.40..[ l!B See Analysis at end of this Section. ........ . .,." ,"., "/..'."~()N;~ilde;t::QXM;~NI.;~fIR.~M~~Tj'p~j\I~.~~~l~:A~i:;:QQr;!;T$.:.''<'.' ITEM 10 Husband's Fidelity IRA 1.31.03 39,076.05 39,076.05 39,076.05 Account 3147-539082 Comments: It 3.31.01 statement value @ $53,354.85..[ 11I1.31.03 statement value @ $39,076.05.,{ lit 2.28.03 statement value @ $38,465.86..[ <1>3.31.03 statement value @ $38,108.68..[ It There have been no contributions or withdrawals from this account since separation. Change in value is due solely to market conditions. ITEM 11 Husband's Vanguard 1.31.03 9,225.88 9,225.88 9,225.88 IRA Account #13796782 Comments: <113.1.01 statement value @ $13,973.64..[ 4Il1.31.03 statement value @ 9,225.88..[ <II 3.31.03 statement value @$9,147.44..[ 011 There have been no contributions or withdrawals from this account since separation. Change in value is due solely to market conditions DOM - 5/25/86 DOS - 3/1/01 DATE PREPARED -7/09/03 - 9 - TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF DATE OF VALUE OF ASSET NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE OR LIABILITY DISTRIBUTION DISTRIBUTION LIABILITY TO HUSBAND TO WIFE ITEM 12 Husband's Household Est. 934.50 934.50 934.50 Goods Comments: * An appraisal is required. ~ See Listing in Section III Il> Value is based on 30% of purchase price ITEM 13 Wife's Household Est. 7,259.10 7,259.10 7,259.10 Goods Comments: * An appraisal is required. ~ See Listing in Section III 4Il Value is based on 30% of purchase price ITEM 14 N/A Divided Equally Divided Divided Equally Divided Equally Equally Comments: III All debts and liabilities have previously been divided. Totals from above 162,915.82 55,768.08 81,457.91 25,689.83 107,147.74 81,457.91 (25,689.83) Amount Due in 50/50 Division Adjustment Figure DOM - 5/25/86 DOS - 3/1/01 DATE PREPARED -7/09/03 - 10 - TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE OF ASSET VALUE OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE Totals from above Amount Due in 40/60 Division Adjustment Figure 162,915.82 55,768.08 65,166.33 9,398.25 107,147.74 97,749.49 (9,398.25) COMMENTS AND NOTES: 1. Husband suggests that the net marital estate be divided 50% to Husband and 50% to Wife. This would result in a payment of approximately $22,527.53 due Husband. This payment will be made by way of transfer of the same amount to Husband from Wife's 4030 plan listed as item 7 above. 2. The following is an analysis of Wife's Traveler's Life Annuity (403b plan) TABLE #2 ANALYSIS OF WIFE'S TRAVELER'S LIFE ANNUITY 5 6.30.01 CONTRIBUTION 6 6.30.01 INVESTMENT 7 6.30.01 EXPENSES 240.00 0.00 1,902.15 1,883.00 (15.00) (14.85) 240.00 23,595.99 19.15 25,478.99 (0.15) 25,464.14 240.00 23,835.99 0.98993 259.15 25,738.14 0.98993 259.00 25,723.14 0.98993 0.0101 0.0101 0.0101 - 11 - TABLE #2 ANAlYSIS OF WIFE'S TRAVElER'S LIFE ANNUITY A B c H J K .... .... . ..,.... ............~tl(jNrJli.> .........N.011........... ~Ai{IJ'A!, .. n. .......,. ........... ... ....... 'SlillTOTAlNQ/f;.... . ...;:..~~I............ ........................... ....MA~U"AL.... 9 9.30.01 CONTRiBUTION 240.00 0.00 240.00 10 9.30.01 INVESTMENT (5,769.97) (5,659.07) (110.90) 11 9.30.01 EXPENSES 0.00 0.00 0.00 25,464.14 19,805.07 19,805.07 499.00 25,963.14 0.98078 388.10 20,193.17 0.98078 388.10 20,193.17 0.98078 0.0192 0.0192 0.0192 - 12 - TABLE #2 ANALYSIS OF WIFE'S TRAVELER'S LIFE ANNUITY J K 33 3.31.03 CONTRIBUTION 34 3,31.03 INVESTMENT 35 3.31.03 EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 15,899.39 15,899.39 15,899.39 1,364.48 1,364.48 1,364.48 17,263.87 0.92096 17,263.87 0.92096 17,263.87 0.92096 0.079 0.079 0.079 - 13 - 3. The following is the analysis of Husband's Knowledge Planet 401 k Plan TABLE #3 ANALYSIS OF HUSBAND'S KNOWLEDGE PLANET 401K PLAN A B c D E F G H J K ... ..... . ... .......... ............. . ... ..... ~<<BtotAL ..MAlln-N:.' .. .......NON.'.> ".ALL ..........l?ElCENT '.;"Ail),A( ............................... .......................... ..... ....~llCIt~y..... 3 9,771.51 1.0000 0.0000 25 - 14 - TABLE #3 ANALYSIS OF HUSBAND'S KNOWLEDGE PLANET 401 K PlAN 29 12.31.02 CONTRiBUTION 30 12.31.02 INVESTMENT 31 12.31.02 EXPENSES 1,958.65 792.80 0.00 1,958.65 268.88 523.92 0.00 0.00 6,262.81 6,531.69 6,531.69 12,203.33 12,727.25 12,727.25 18,466.14 19,258.94 19,258.94 0.3392 0.3392 0.3392 0.6608 0.6608 0.6608 0.00 37 6.30.03 CONTRIBUTION 38 6.30.03 INVESTMENT 39 6.30.03 EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 6,420.40 6,420.40 6,420.40 14,835.21 14,835.21 14,835.21 21,255.61 21,255.61 21,255.61 0.3021 0.3021 0.6979 0.6979 0.6979 0.3021 - 15 - SECTION UI. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY' The following is a listing ofthe household goods and contents and other personal property ofthe parties3, 4: TABLE # 4 HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR PURCHASE PRICE VALUE BASIS FOR EXCLUSION IF CLAIMED TO BE NON- MARITAL METHOD OF VALUATION AND SUPPORTING DOCUMENTATION ITEM 1 Big Screen Television Wife $5,000.00 Original Receipt Comments: Television is less than 5 years old ITEM 2 350 MZ Computer Wife $1,350.00 Original Receipt Comments: Computer is less than 5 years old ITEM 3 200 MZ Computar Joint Wife $2,000.00 Wife has receipt Estimated original cost Comments: Computer is 8 years old 2Rule 1920-33(b)(9): If there is a dispute as to tangible personal property, the list shall include the description, value~ method of valuation, and the evidence to be submitted including documentation in support of the valuation. 3Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 'The valued used in this table are based on the purchase price. The values will be adjusted upon apprisal of the items. - 16 - , TABLE # 4 HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR PURCHASE BASIS FOR METHOD OF PRICE EXCLUSION IF VALUATION AND VALUE CLAIMED TO BE SUPPORTING NON- MARITAL DOCUMENTATION ITEM 4 Treadmill Joint Wife $370.00 Originai Receipt Comments: ITEM 5 Patio Furniture Joint Wife $900.00 Original Receipt Comments: Less than 5 years old ITEM 6 Kitchen Tabie Joint Wife $300.00 Estimate of Originai Cost Comments: Less than 5 years old ITEM 7 Jelly Cabinet Joint Wife $300.00 Estimate of Originai Cost Comments: Greater than 10 years old ITEMS Sofa Joint Wife $350.00 Estimate of Originai Cost Comments: Greater than 10 years old ITEM 9 . Recliner Joint Wife $300.00 Estimate Comments: Greater than 10 years old ITEM 10 Receiver Joint Wife $200.00 Estimate Comments: Less than 5 years old ITEM 11 VCR Joint Wife $150.00 Original Receipt Comments: - "1-7 - TABLE #4 HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR PURCHASE BASIS FOR METHOD OF PRICE EXCLUSION IF VALUATION AND VALUE CLAIMED TO BE SUPPORTING NON- MARITAL DOCUMENTATION ITEM 12 Computer Desk/Chair Joint Wife $560.00 Original Receipt Comments: ITEM 13 Pine Cabinet Joint Wife $350.00 Original Receipt Comments: Less than 5 years oid ITEM 14 2 children's mattresses Joint Wife $400.00 Estimate Comments: ITEM 15 3 Dressers Joint Wife $400.00 Estimate Comments: ITEM 16 Water Bed Joint Wife $300.00 Estimates Comments: ITEM 17 Pictures/Frames Joint Wife $500.00 Estimate Comments: ITEM 18 Develop Pictures? Joint Wife $1,000.00 Estimate Comments: ITEM 19 School Supplies Joint Wife $1,000.00 Estimate Comments: - 18 - TABLE #4 HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR PURCHASE BASIS FOR METHOD OF PRICE EXCLUSION IF VALUATION AND VALUE CLAIMED TO BE SUPPORTING NON- MARITAL DOCUMENTATION ITEM 20 Lawn Tractor Joint Wife $500.00 Estimate Comments: Bought used ITEM 21 Tiller Joint Wife $350.00 Estimate Comments: Lisa gave away ITEM 22 Outside Refrigerator Joint Wife $780.00 Original Receipt Comments: ITEM 23 Commercial Freezer Joint Wife $1,700.00 Original Receipt Comments: Less than 5 years old ITEM 24 Picnic Table Joint Wife $300.00 Estimate Comments: ITEM 25 Extension Ladder Joint Wife $300.00 Estimate Comments: Lisa gave away ITEM 26 Various small tools Joint Wife $300.00 Estimate Comments: Lisa gave away ITEM 27 Rocking Chair Joint Wife $300.00 Estimate Comments: - 19 - t TABLE # 4 HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR PURCHASE BASIS FOR METHOD OF PRICE EXCLUSION IF VALUATION AND VALUE CLAIMED TO BE SUPPORTING NON- MARITAL DOCUMENTATION ITEM 28 Pampered Chef Cookery Joint Wife $500.00 Estimate Comments: ITEM 29 Wedding Gifts Joint Wife $1,000.00 Estimate China/Crystal/Silverware Comments: ITEM 30 Clothes Dryer Joint Wife $300.00 Originai Receipt Comments: Greater than 10 years old ITEM 31 Outdoor Grill Joint Wife $297.00 Original Receipt Comments: ITEM 32 Satellite Receiver Joint Wife $160.00 Original Receipt Comments: ITEM 33 Washer Joint Wife $530.00 Original Receipt Comments: Less than 5 years old ITEM 34 13" television Joint Wife $200.00 Original Receipt Comments: ITEM 35 Camcorder Joint Wife $950.00 Original Receipt Comments: Greater than 10 years old SUBTOTAL OF ITEMS IN WIFE'S POSSESSION I 24,197.00 f/ / / / / A/ / / / / / - 20 - . TABLE #4 HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION ITEM 36 31" Television OWNER POSSESSOR PURCHASE PRICE VALUE BASIS FOR EXCLUSION IF CLAIMED TO BE NON- MARITAL METHOD OF VALUATION AND SUPPORTING DOCUMENTATION Comments: Teievision is 8 years old ITEM 37 DVD Player Husband $600.00 Husband $300.00 Comments: DVD player is iess than 5 years old ITEM 38 Sony Receiver Husband $340.00 Comments: Receiver is less than 5 years old ITEM 39 CD Player Comments: Less than 5 years old ITEM 40 2 stereo speakers Comments: Less than 5 years old ITEM 41 Mattress Comments: Less than 5 years old ITEM 42 Dresser Joint Comments: Greater than 10 years old ITEM 43 VCR Comments: Husband $350.00 Husband $465.00 Husband $360.00 Husband $200.00 Husband $200.00 - 21 - Original Receipt Estimate of Original Cost Original Receipt Original Receipt Original Receipt Original Receipt Estimate of Original Cost Estimate l TABLE #4 HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR PURCHASE PRICE VALUE ITEM 44 Subwoofer Comments: SUBTOTAL OF ITEMS IN HUSBAND'S POSSESSION . Husband $300.00 ~,115.00 - 22 - BASIS FOR EXCLUSION IF CLAIMED TO BE NON- MARITAL METHOD OF VALUATION AND SUPPORTING DOCUMENTATION Original Receipt , SECTION IV. MARITAL DEBTSs The following is a listing of the parties' marital debts: DESCRIPTION PURPOSE DATE INCURRED AMOUNT OF AMOUNT OF INITIAL DEBT DEBT AT SEPARATION AMOUNTS AND DATES OF POST SEPARATION PAYMENTS ITEM 1 GIl None Applicable. All Debts divided and distributed at time of separation with exception of the marital home mortgage which was paid off at time of sale in 5/03. Comments: 5Rule 1920.33(b)(10): the list of marital debts shall include the amount of each debt as of date of the separation, the date on which the debt was initially incurred, the initial amount of the debt and its purpose, the amounts and dates of payments made since the date of separation and the evidence that will be offered in support ofthe claim. - 23 - , SECTION v. PENSIONS AND RETIREMENT BENEFITS. The following is a listing of the pensions and retirement plans of the parties: DESCRIPTION ITEM 1 Wife's Commonwealth of Pennsylvania Retirement Plan TBD $83,989.25 Commonwealth of Pennsylvania Retirement Statements; Possible Pension Appraisal Comments: * This pension has not yet been appraised. !B Based on retirement on 2.22.01 and WITHOUT ACT 9 LEGISLATIVE CHANGES the State's present vaiue is $70,637.51...[ . oD Based on retirement on 7.2.01 and WITH ACT 9 CHANGES AND CLASS T-D MEMBERSHIP the State's present value as of 7.2.01 is $83,989.25. ..[ III Based on a retirement of 6.30.02 and WITH ACT 9 CHANGES AND CLASS T -D MEMBERSHIP the State's present value as of 6.30.02 $110,993.94. .J ITEM 2 Wife's 403b State Retirement TBD 15,899.39 Statements and Anaiysis Comments: lIl12.31.02 marital value@$15,899.39..[ lEI See Analysis at end of Section II ITEM 3 Husband's Knowledge Pianet 401 k Plan TSD 6,531.65 Statements and Analysis Comments: 1Il Vested Value as of 3.31.01 was $7,768.18..[ !B 12.31.02 marital value @ $6,531.65..[ 1Il 3.31.03 marital value @ $6,420.40..[ lEI See Analysis at end ofthis Section. 'Rule 1920-33(b)(7): the Pre-Trial Statement shall include the vaiue of the pension or retirement benefits and the marital portion thereof, and the facts and documentation upon which the party relies to support the vaiuation. - 24 - DESCRIPTION ITEM 4 Husband's Fidelity IRA Account 3147-539082 TBD 39,076.05 Statements Comments: .. 3.31.01 statement value @ $53,354.85..[ lII> 1.31.03 statement value @ $39,076.05..[ tI> 2.28.03 statement value @ $38,465.86 ..[ .. 3.31.03 statement value @ $38,108.68 ..[ .. There have been no contributions or withdrawals from this account since separation. Change in vaiue is due soiely to market conditions. ITEMS Husband's Vanguard IRA Account #13796782 TBD 9,225.88 Statements Comments: tI> 3.1.01 statement value @$13,973.64..[ tI> 1.31.03 statement value @ 9,225.88..[ OlD 3.31.03 statement value @$9,147.44..[ Gl There have been no contributions or withdrawals from this account since separation. Change in vaiue is due solely to market conditions - 25 - SECTION VI. NON-MARITAL ASSETS AND DEBTS7 The following is a listing of the non-marital assets and debts of the parties": DESCRIPTION OWNER POSSESSOR VALUE COMMENTS AND/OR METHOD OF BASIS FOR EXCLUSION VALUATION AND IF CLAIMED TO BE NON SUPPORTING MARITAL DOCUMENTATION ITEM 1 None N/A N/A N/A N/A Comments: 'Rule 1920.33(b)(1)(ii): the listing of assets shall include a list of non-marital assets, their value, the date of valuation, and any liens or encumbrances thereon. 'Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. - 26 - WIFE BIWEEKL y11 1,878.69 (116.48) (27.24) (209.37) (52.60) (31.94) (140.90) (22.50) , SECTION VII. INCOME AND EXPENSESs The following are the incomes of the parties: TABLE #8 INCOME OF THE PARTIES DESCRIPTION HUSBAND SEMI MONTHLY'. $4,710.25 ($250.00) ($62.09) ($850.00) ($115.00) ($40.00) GROSS PAY PER PAY PERIOD FICA or SE Tax Medicare or SE Tax Federal Tax State Tax Local Tax Mandatory Retirement Union Dues Voluntary Retirement Health Insurance ($245.00) ($20.00) TSA Travel NET PAY PER PAY PERIOD $3,128.16 (40.00) 1,237.66 9Rule 1920.33(b)(5)(6): The Pre-Trial Statement shall include the party's gross income from all sources, each payroll deduction, and the partts net income, including the party's most recent federal and state income tax returns and pay stubs. If the party intends to offer testimony as to his or her expenses, a current expense statement in the form required by the practice and procedure is support actions must be supplied. lOHusband income has recently decreased to $961687.00/year. information pertaining to this decrease will be supplied as soon as available. llWife's income will be increasing in September, 2003. - 27 - ! The following are the monthly expenses of the parties 12: TABLE #9 MONTHLY EXPENSES OF THE PARTIES DESCRIPTION HOME EXPENSES: Rent First Mortgage Second Mortgage/Home Equity Loan Maintenance And Repairs Electric Gas HUSBAND WIFE $575.0013 $90.00 Oil Telephone Water Sewer Trash $70.00 EMPLOYMENT Public Transportation Lunches Other Employment Expenses TAXES: $216.50 Real Estate Taxes Income Taxes Not Withheid Per Capita/Occupation Taxes $33.33 12Wife has not filed an Income and Expense Statement, so her monthly expenses are unknown. 13Husband will be movingto accommodate the children and estimates his new housing costs will be between $800.00 and $1,000.00 per month. - 28 - .' . TABLE #9 MONTHLY EXPENSES OF THE PARTIES DESCRIPTION HUSBAND INSURANCE: Homeowners/Renters Ins. Automobile Insurance Life Insurance $15.00 $70.00 $20.00 Accident Insurance Health Insurance Other Insurance AUTOMOBILE EXPENSES: Payments Fuel Maintenance And Repair License And Registration MEDICAL EXPENSES $312.00 $130.00 $42.00 $6.00 Doctor Optical Dental Orthodontic Hospital Medicine $10.00 $16.00 $15.00 Special NeedslTherapy Etc. EDUCATIONAL EXPENSES: Private School Parochial School ColiegeNocational Religious Ed ucation Books/Fees And Supplies Other Educationai Expenses - 29 - . WIFE , TABLE #9 MONTHLY EXPENSES OF THE PARTIES DESCRIPTION PERSONAL EXPENSES: Clothing Food HUSBAND $100.00 $350.00 $50.00 $40.00 Barber And Hair Dresser Memberships Other Personal Expenses CREDIT CARDS AND LOANS: PSECU Visa MISCELLANEOUS EXPENSES: $85.00 Household Help Child Care Newspapers/Magazines/Books Entertainment $25.00 $150.00 $65.00 $125.00 $75.00 $150.00 Pay TV Vacations Gifts Legal Fees Charitable Contributions Other Child Support Other Spousal Support TOTAL EXPENSES $2,835.83 - 30 - WIFE SECTION VIII. COUNSEL FEES14 The following is a listing of the counsel fees and expenses incurred by Plaintiff if a claim has been maCle for counsel fees and costs: TABLE #10 COUNSEL FEES AND COSTS Dates Services Were Rendered N/A N/A N/A N/A Hourly Rate Costs Total Amount of Fees and Costs Claimed to Date of this Pre-Trial Statement Anticipated Fees and Costs Itemization of Services Rendered N/A N1A "Rule 1920.33(b)(8): If there is a claim for counsel fees the Pre-Trial Statement shall include the amount of the fees to be charged; the basis for the charge; and a detailed itemization of the services rendered. - 31 - " ,. SECTION iX. EXPERT WITNESSES15 The following is a listing of the experts who the party intends to call to testify in this case: TABLE #11 EXPERT WITNESSES "Additional experts who may be called to testify are not known at this time. There is a reservation of the right to call additionai eXp'ert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. "Rule 1920.33(b)(2): The Pre-Trial Statement shall include the name and address of each expert the party intends to call at trial as a witness. The report of each expert shall be attached to the Pre~Trial Statement. The expert report shall describe witness qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds of each opinion. - 32 - .' .' > SECTION X. OTHER WITNESSES16 The following is a listing of the anticipated witnesses other than experts who will be called to testify in this case: TABLE #12 LAY WITNESSES . ...... ,. ...... ., .... . .... .... .............'.'.NAME James Mulford History of the marriage; Identification and vaiuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code **Additional witnesses who may be called to testify are not known at this time. There is a reservation of the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. 16Rule 1920.33(b)(3): The Pre-Trial Statement shall set forth the name, address and a short summary of testimony of each person, other than a party, whom the party intends to call at trial as a witness. - 33 - -to ~J t 1. I' >I SECTION XI. PROPOSED RESOLUTION17 The following is the Plaintiffs position regarding resolution of the economic issues presented in this case: A. DIVORCE: A No-fault Divorce Decree should be entered under either section 3301c or 3301d. B. EQUITABLE DISTRIBUTION: The parties' marital assets and debts should be divided and distributed in accordance with the schedule set forth in Section" and attached as Exhibit 5 to this Pre-Trial Statement: C. ALIMONY PENDENTE LITE: Wife's claim for Alimony Pendente Lite should be denied. Wife has been receiving spousal support during the period that APL is claimed. D. ALIMONY: Wife's claim for alimony should be denied. Wife is capable of self-support. E. COUNSEL FEES AND COSTS: Wife's claim for counsel fees and costs should be denied. Wife has sufficient income and assets to pay her own counsel fees. 17Rule 1920.33(b)(11): The Pre-Trial statement shall include a proposed resolution of the economic issues. - 34 - .' v l '" l' SECTION XII PROPOSED EXHIBITS's The following is a listing the proposed exhibits to be submitted at the hearing in this case. Exhibits are attached or to be supplied as indicated below.19 1 Husband's Income and Expense Statement X 2 Husband's Pay Stubs X .- 3 Husband's 2002 Federal and State Income Tax Returns X 4 Support Order(s) X 5 Husband's Proposed Distribution Scheduie X 6 Settlement Sheet for Marital Residenc.e X 7 KBB or NADA Value for Wife's Vehicle X 8 Wife's PSERS Retirement Statements X 9 Possible Appraisal of Wife's PSERS Retirement Plan X 10 Wife's 403b Retirement Plan and Analysis X 11 Husband's Knowledge Planet 401 K Plan and Analysis X 12 Husband's Fidelity IRA Statements X 13 Husband's Vanguard IRA Statements X 14 Husband's Listing of Personal Property and Receipts X 18Rule 1920.33(b)(4): The Pre-Trial statement shall include a list of all exhibits a party expects to offer into evidence, each containing an identifying mark. All Exhibits that do not exceed three (3) pages shall be attached. All exhibits over three (3) pages shall be described. party. 191-h.lsband reserves the right to submit additional exhibits upon proper notification to the other - 35 - t " 'w .. .- ). CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on ~. R'O, 2..00'7:> , I served a copy of the within Pre-Trial Statement, by mailing same y firs class mail, postage prepaid, addressed 8S follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 lemoyne, PA 17043 SJ ANE . RADCLIFF, ES IRE 3 indle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 - 36 - '~)"'@'"'''?'- '.,'~-c ^,"'",_,,_~;,_,",-,""_,,"__ ,,-,'c' ---,... '~',"'!'''''~''!:I!:'',---,'9-f'"''I~ ,h '_ "".-_"'~'''''=''''~''___ ."" ,,'~,... n_ , . .'r .. 1i I' .... SANCTIONS 1. Under Rule 1920.33(c) it is provided that if a party fails to file either an Inventory as required by subdivision (a) or a Pre-Trial Statement as required by subdivision (b), the Court may make an appropriate Order under Rule 4019(c) goveming sanctions. 2. Under Rule 1920.33(d)(i) a party who fails to comply with the requirement of subdivision (b) of this Rule (the filing of a Pre-Trial Statement with the information set forth in subparagraph (b)) shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence in support of or opposition to the claims for the matters not covered therein. . 3. Under Rule 1920.33(d)(ii) a party shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the Pre-Trial Statement. - 37 - '''-''''''. .fl. ~', ,__ ''''''''1'''~- ,_ ,"1, <-,,-'1':,;,-, " ~- _'I> ,"'", ["','!If' "'~,-~~ 1-__ ~",- , "--- -~-',-'-- 1~, r' ,t ~',~ DIANE G. RADCLIFF 344a TRlNDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 >~ __~w H_ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES F. MULFORD, Plaintiff v. NO. 01- J. 3!J<f CIVIL TERM CIVIL ACTION - LAW DIVORCE LISA D. MULFORD, Defendant \ NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 - "r '_1"- '-"'""_1" -'-'---"--" ,-~T I ' -'- "~ ".-, II."' -". DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 "%Ill'! ~ - ", ~ ,,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES F. MULFORD, Plaintiff v. NO. 01- .J.3'i'f CIVIL TERM CIVIL ACTION - LAW DIVORCE LISA D. MULFORD, Defendant COMPLAINT AND NOW, this~1ictay of ~ ' 2001, comes the Plaintiff, James F. Mulford, by his attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The plaintiff is James F. Mulford, an adult individual residing at 2902 Chesterbrook Court, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Lisa D. Mulford, an adult individual residing Cumberland County, at 9 Norfolk Court, Mechanicsburg, Pennsylvania. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 25, 1986 at Hudson, Ohio. 5. There have been no prior actions of divorce or annulment between the parties. 6 . Plaintiff has been advised of the availability of counseling -2- 1- ,~ ." I' ~, L -1' ' I' -,-.. - --~, ,. . -~~ i " I"~ t_: DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP IDLL, PA 170ll (717) 737-0100 <-,,~ and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Or in the alternative, c. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EOUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from May 25, 1986 until March 1, 2000, the date of separation, all of which is - 3 - r< '_ ~ '1"'; ,--" ~ ,'-~ -j"~ -11' ~-.....""'''~ ,::1 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP IDLL, PA 17011 (717) 737-0100 ,:':fm,_"~ wO', " "marital property". 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. CLIFF, ESQU e Road , PA 17011 Supreme Court ID #32112 Phone: (717) 737 - 0100 Fax: (717) 975-0697 Attorney for Plaintiff -4- - 'I .~ "--, ,I --" <,,~ c. "~ '-" _.n 'I' " - l" [, l' .-m~~ ,~q -~~ ::: .-': , " DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737-0100 1I1. , ,",f, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. - 5 - J .C ~ I "y-- -" ", ,,' 'I' ' ,;.,!, ., '''1. . '!,,-, ' -1'-"- --r- IQR!'~ " DIANE G. RADCLIFF 3448 TRINDLE ROAD !' CAMP HILL, PA 17011 (717) 737-0100 ',Will! .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES F. MULFORD, Plaintiff :l3?Y v. NO. 01-~6 CIVIL TERM : LISA D. MULFORD, CIVIL ACTION - LAW Defendant DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, Lisa D. Mulford, by Certified Mail, Restricted Delivery on May 1, 2001. The return ~eceipt is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, C ,ESQUIRE e Road Hill, PA 17011 . 7) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff '."" "---L'~r>',__"_f,1!l'I'_ ",~"" V." ,1 ~-,_, . . . . ~~., DIANE G. RADCLIFF 3448TRINDLEROAD CAMP HILL, PA 17011 (717) 737-0100 ~':"~~'. , -" ~l ' --T _Colnpl"te ~ems -1 ,:t, and3. AlSO c6m~illte item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the maitpiece, or on the front if space permits. 1. Article Addressed to: L.\Spt D. \\\, uJst lU) q tJufLPbLK- C:r ffiW-l ~ Il Ds5 3~e ice ertified Mail Registere Insured Mail 0 C.O.D. 102595-99-M-1789 EXHIBIT "A" RETURN RECEIPT -2- < "'" _"~I^~_ ,"'C. - -+ '" -- I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2384 CIVIL TERM CIVIL ACTION - LAW DIVORCE JAMES F. MULFORD, Plaintiff LISA D. MULFORD, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on April 24, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: sf; /"UrJ3 / / ~/~ W'i!>'1:~ I ~, I . "1-"- <""" v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2384 CIVIL TERM CIVIL ACTION - LAW DIVORCE JAMES F. MULFORD, Plaintiff LISA D. MULFORD, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) 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 made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: 1/z~5 r~1':'l!-1~~"._,""", >.. ~ 'I' ~ ,..... 'i -' 1>Il ~ ,'--' fi~~ ....,~--,,~-""~ c<[m,JlI!.qj1 , ~,~ ,,~1!;lI'T "'I .. ~ ,~ d ~ ~ '.",,"-," "',,,,;- ~"~ ~,,~ ~~ "-. (") ~ S2 ~;~~ ;~: r: u:~ ,;:: -<..~-- c:(>~ it :;0 -~ --wnl ~T. J~11I C<'::~1 ,...,:; o ~T1 ~-, ~< :r:''', ;..,j-~ ::~ (,0 (~~ "1""'~MIi!ll@~\~'R'~F~'1i~1i'Jt'_",'t-tii~II%[:j;i'W''''~"",~-"'';'''JI<'"''l':'ff':W~~'~''~~..._"""""~~"'i1:1m~~~.",,~7" ~,"'''''~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JAMES F. MULFORD, Plaintiff V. LISA D. MULFORD.", uefendant NO. 01-2384 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on April 24, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after 'service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 12-/3/ (j~ ~~~;d ..~ ~ _>0. I' - -- "I 'I . , ,c ~< ';,,-~,.,. ", ~ =- .- ~, )="-" ..=.11--' ~:~ ~ I "",_" "-'-~'K'_~--'-' _",'",,-' ,""w __J"",,,,,,. ,".~'" ~. ~4 . ~._ - -0 .. .__ ___o 0 f::::;; C') ~ C"-~ -,-, '.J ""{Jg;; .'Tl 9?:X: "; :z~ ;\"-"1 (0 >~ '- ::-.-, ::$~ , ,)1"-, !<::C! ~ '.."., 1:'~ r -", ~O ::.:.r:::: :"'-;;:"7"1 -0 ~~~ )>c: ~ Z -! =<! .J.) .~ Iv -< .,..~~,....~ ,,__,",''lfffi'~;:'~"J';lj~'"'''4>'-''ltI'N.''''1'!,~~''~''-'~\\~l*'\!H~rw.~d;'l!lli'~~~qw.,'''''f_N,,,_ .__.t,l'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JAMES F. MULFORD, Plaintiff NO. 01-2384 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. LISA D. MULFORD", lJefendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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! 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 made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: I ?-i21 O~ ~1.h\~ LISA D. MULFORD ,,",1 .-' ~~-, ~ ..'~. , '['--~-' - r' ., --I- "'1. . .. ~ ~. .- P--7'.= , ,___ _~_, _ ~_ ".'T',.,'." rPTIlll!l!!..-,. -- = ,~,-, ~-" ~-.'.--'- .0 {:,:':; r. ,,~ .' ". , . ,~'"- .-) 2?fl"' "1 .. Z.1" , . i:n 1:;, c- - .:::;,"",,, i:~t;~~ I~ " .' ~n ,-. ,~. :5>0 gi~ c: - Z .. M ~ .:,v ,,," -< '.0> :u -< ~) 1t1,1ll;. ..~~1W"l'!I1~m"_~ffi';;~r'i<'3i'i;~'iJi;;;~I-:"l.w~~~~~liF#~i~Ij.~1#iHlIIl1W.1.;,,'7''''''' .'. r~,~~ t:Rir1'E;,'f2;~i~igfKtf';:!0j~;W:ir.s>j.~~ . " , JAMES F. MULFORD, } Plaintiff ) ) ) vs, ) } LISA D. MULFORD, } Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2384 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDERSECT!ON33..Qlt1:;,lLO.ETH~Ply'ORGf...CQDE 1. Check either (a) or (b): L (a) 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. 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: 5/q/D3 . . " ".~ '0-'" " 1;0;;rif-);.v1'}Ii,(<'c;i:")&J::~' ?;:-.o}" . - CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Counter-Affidavit upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pa 17011 Date: 1 3 May 2003 {'t~~ Amy M. arklns Secretary for Samuel L. Andes ", - -" ", (~." \'l'l " " .~ n"W'"~- ~!lPJ<~ 1<' , "~ ,- ,~~- ,- .1 ~, < --,. ~ -". ." , ,<^ ~~j;'?clt'i';;;~\*~ilii~&~:$ti'1 -- .. C) r, 0 C- D;; ., 1 .:;:.' ~, ::J -". ci:;~ t ~;:,-,. ~.::... -- ~/~ , c:; CO ., , .r ... C) r:: '--:1 " -," .- t - - e, '- f".) " ,Yl )-"" ( .:-1 ~~, '-') :'0 -, CO -< 65 \t4? ",l~~ ,_, _ ~#iIi1m~"''m~<<,\;1<1!lt-''f'I'1i1i~~'l\~1'F7~W''iFt''-1'"1';--'_;,.,.m:W~~!jW'~%~~~~*~~Il'-m1,'/j~~,~,~~. .r:ftj~.~ JAMES F. MULFORD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2384 CIVIL TERM LISA D. MULFORD, Defendant : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the following marked economic claims heretofore raised by the Defendant in the above captioned matter: [] divorce [] equitable distribution [x] alimony pendente lite [x] alimony [x] counsel fees and costs Respectfully submitted, ~.~ SA EL L. ANDES, ESQUIRE Attorney for Defendant ~~ ;4 - 1 - <~, ., - ~-"- '_,-'--"'-'. ,._.- ,.-' 7'_ ;-"';,~", .,1'-,' . 1 ',h I' __,~ _,- . . ---'r-- 1-'" -p', , <'"." , " ~ _<~ W'P? ..If.. .W',~..,.II ~,,~~~,,~, , "','-" "',-""-- -"=.~,, -",~.""--,, -.,', 1~.' -_,~, -,~<.~,~" "",-, ".. ....~- .lUiWlll1i'<<ll\fl> (") C C) C ",oJ "i1 -,;:: 0 ., ""UrP '<\ rrH"Yi -; '-,;: i~';:;::' Z::r- _,no, ZC ,-; ~~ C >''':'' 1 ",::-=-~,,() k,C "~"' -'" :;.;~, ~~(L1 ~O =~r ~g 6rn -, ~ j) ""P I...:) ~ ~ ~,. __~ '.""T.'~' "..~~..;!j~~;'If'W"'i1l~'~,,~~;;,f',ffl"t-!'j'(~ijf!!t:1jWi"i":;(J':-,~\!!,7J"'",iW~JW:Th1gl~~~"1f,ijjl~1'lM,!1\~~!f!~ , II JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2384 CIVIL TERM LISA D. MULFORD, Defendant CIVIL ACTION - LAW DIVORCE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301Cdl OF THE DIVORCE CODE 1. The parties to this action separated on March 1, 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subj ect to the penal ties of 18 Pa. C. S. Section 4904 relating to unsworn falsifications to authorities. Date: LJ}Y200 3 ~D -~ ""'f"- ~ . I " -'! "'1"- -- .." '-, , '," f' , I~ f' '-" -~ _'C::' " q. ,,~-'~ ~,., T ~"O ~4"~ r ~"," ~w ~'~,'~' .~~ '~, - '-., ',,",'.' ""'S'_' '",;:-..<.~ "14","," ,_o""'c"-""r'''-~'~'''^ '-'1J.,_,_.,~~:","-w""",\, -"'~" .....t.,_.,_ :'r ,-"", C) C.:: ~ C (..,J ;;: ~~ -U l"D ....~ __'J mrr: -'-' Z:L ;.....) -'-1 , &j1~- \.C, ., -.~ - '-C"/ -)(? ~C.-, ""-~ -,', ~C> _C'-:C) ..L. - 5L.' c3 -:-.,rf; C ~-:-~ z: '" -po :;! ~:J '.0 -< l.S I(f> ~'lIl$'(I!!!!il~'i<~~~~;l!~W~~~!WW~Wf,~<JI,"'l~";-i\''''';;1J'''i''i'<c}"'~'ljr:;?,,,,_~'ilf"'1r;i'",r,'"";'<<;".1:;'P~!";"1'~-ll;'"*""~~'i!~'i'~>!t'!,mcl~lll:1!I~I~roil'W~1_Jj "hO JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 2384 CIVIL LISA D. MULFORD, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Diane G. Radcliff James F. Mulford Counsel for Plaintiff Plaintiff Samuel L. Andes Lisa D. Mulford Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 17th day of November 2003, at 1:30 p.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 10/13/03 E. Robert Elicker, II Divorce Master \">llI!l!1'; ,,~ T I I. JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 2384 CIVIL LISA D. MULFORD, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Diane G. Radcliff , 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 13th day of October 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: 8/S/03 E. Robert Elicker, II Divorce Master Diane G. Radcliff, Attorney for Plaintiff, filed a pretrial statement on July 11, 2003. Samuel L. Andes, Attorney for Defendant, has not filed a pretrial statement as of the date of this notice. -.,-~,.....- I~" I '''. -, --,~- , ! ~, < " ~ .. . JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW LISA D. MULFORD, Defendant NO. 01-2384 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 30th day of June, 2003, upon consideration of the attached letter from Samuel L. Andes, Esq., attorney for Defendant, the hearing previously scheduled for July 3, 2003, is cancelled. BY THE COURT, Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12th Street Lemoyne, PA 17043 Attorney for Defendant ~ ~ '7.03.03 r+.~ :rc -"!';~~ ^ .--" - ~-~f',__,,,-_~,~_, -,"""-'--;~- o___-.,.,""'_.~"_, ,':>::-'1'-', "f -'-~--"'-I"'--< ,-,-_~,,- . r' 'i' '1- <, ~'f- ,~ . , >!\11 I ~ ~ - ,. .- F' "~~, " "" , ... , '""""" IC\"t\\N3c ..... \:j\\'\'<JJ\?':,:;",U:::0,\fI$\d }1N(\OCl;x .... \\\\"' \'~. '1\'1 , $"~\ "'1"1, ,,', to" . "\ri<-t)\~\:\.',;,,.,. ,\~~...\.;~,;.-:.\ 1.,,('~"'\j~'. -1..);,:1,."< , ! I I, ., ""!'f'!"""!"'~.d~ ~ ~r ~ ,~,=_~ ",,,,_,,,,,,,,.1jJIr~'~,~,,!!j'&,;:..""'-lf';I~li'ii,H'l"~ir;::i!i-f0--)';'!'W;g!~1!!!1~~N!!~~~~!I.f!!~'!iW> ~~,~l~ ." . , SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET p. O. BOX 168 LE:MOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761'5361 27 June 2003 FAX (717) 761-1435 The Honorable J. Wesley Oler Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: James F. Mulford vs. Lisa D. Mulford No. 01-2384 Civil Term Dear Judge Oler: I represent the Defendant in the above matter, which is scheduled for a hearing before you next Thursday on a Petition for Emergency Relief which I filed in May. I write to advise you that the parties have resolved this matter privately and that the hearing will not be necessary. Enclosed is a Praecipe I will be filing shortly to withdraw the Petition I filed. Please cancel the hearing. If you have questions or need anything further, please contact Diane Radcliff, Esquire, or myself. Sincerely, ~~es amh I Enclosure cc: Diane G. Radcliff, Esquire Lisa D. Mulford ~<:::,'"'3 '"'3~ ~~ "_~__/_ i"__"', ,,',--, -'" ,'- I?F ' - ,-'-'[- -L-'~;' " -~ "-''''_,--t,';-; : ','-- -1-' :- , ,~~ , JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2384 CIVIL TERM LISA D. MULFORD, Defendant CIVIL ACTION - LAW DIVORCE INCOME AND EXPENSE STATEMENT OF JAMES F. MULFORD I verify that the facts set forth in the foregoing Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: 5J / /z06) / "-'''''''lfi''!'IJ 1-' I? , II - !' ~-~,,.. PART I. INCOME A EMPLOYMENT INFORMATION: EMPLOYER: Knowledge Planet ADDRESS: 5095 Ritter Road, Mechanicsburg, PA POSITION: Sr. DBA PAYROLL NUMBER: PAY PERIOD: Semi Monthly B. EMPLOYMENT INCOME: GROSS PAY PER PAY PERIOD 4,107.25 3,932.25 reg. + 175 on call ITEMIZED DEDUCTIONS Fica or SE Tax (250.00) Medicare or SE Tax (62.09) Federal Tax (850.00) State Tax (115.00) Local Tax (40.00) Mandatory Retirement Voluntary Retirement (245.00) Health Insurance (20.00) TOTAL DEDUCTIONS (1,582.09) (1,582.09) NET PAY PER PAY PERIOD 2,525.16 NET PAY PER MONTH $5,050.32 'i~r, "-' -. "'1 :,. C. OTHER INCOME: DESCRIPTION MONTHLY YEARLY INTEREST DIVIDENDS PENSIONS ANNUITIES SOCIAL SECURITY RENTS ROYALI'IES EXPENSE ACCOUNT GIFTS UNEMPLOYMENT COMPENSATION WORKMAN'S COMPENSATION INCOME TAX REFUNDS SUPPORT OR ALIMONY COMMISSIONS TIPS OTHER SPECIFY: TOTAL OTHER INCOME $0.00 $0.00 3 -",-" -I -I~" r PART II. EXPENSES DESCRIPTION WEEKLY MONTHLY ANNUAL AMOUNT AMOUNT AMOUNT c-c . HOME EXPENSES: Rent $575.00' First Mortgage Second Mortgage/Home Equity Loan Maintenance And Repairs Electric $90.00 Gas Oil Telephone $70.00 Water Sewer Trash EMPLOYMENT . -, , Public Transportation Lunches $216.50 Other Employment Expenses TAXES: .. Real Estate Taxes Personal Property Taxes Income Taxes Not Withheld Per Capita/Occupation Taxes $33.33 'Will be moving to 2 bedroom apartment to accommodate the children at an estimated cost of between 4700.00 and $800.00 per month. 4 -""""~ - -, I ~- r -- l~ DESCRIPTION WEEKLY MONTHLY ANNUAL AMOUNT AMOUNT AMOUNT INSURANCE: Homeowners/Renters Ins. $15.00 Automobile Insurance $70.00 Life Insurance $20.00 Accident Insurance Health Insurance Other Insurance . ..i: '. . AUTOMOB:ILE EX1?ENSl!l'S' : . .... .,... ... , . Payments $312.00 Fuel $130.00 Maintenance And Repair $42.00 License And Registration $6.00 , " MEDICAL EXPENSES 1il'0T RE~Me~SED ... BY INSURANCE: Doctor $10.00 Optical $16.00 Dental $15.00 Orthodontic Hospital Medicine Special Needs/Therapy Etc. EDUCATIONAL EXPENSES: Private School Parochial School College/Vocational Religious Education 5 ~'1 ",. ,. . ~~ ." DESCRIPTION WEEKLY MONTHLY ANNUAL AMOUNT AMOUNT AMOUNT Books/Fees And Supplies Other Educational Expenses PERSONAL EXPENSES: Clothing $100.00 Food $350.00 Barber And Hair Dresser $50.00 Memberships $40.00 Other Personal Expenses LQ~$: 'r- . CREDIT CARDS AND . ,.., ,. I'" No. Creditor E1alance ,! .. , .-, 1. PSECU Visa 3500 $85.00 . MISCELLANEOUS EXPEN,SiE$.; . , Household Help Child Care Newspapers/Magazines/Books $25.00 Entertainment $150.00 Pay TV $65.00 Vacations $125.00 Gifts $75.00 Legal Fees $150.00 Charitable Contributions Other Child Support Other Spousal Support TOTALE~PENSES $2,835.83 6 "~T'" "" I P, , ~ , M~_ PART III. PROPERTY OWNED -------.-.-.--.-r"..- .."^",,.I."-"", . Owm:~S'KIP ~ROPEll;!J1~~WN$1il . TYPE DESCRIPTION VALUE H W JT Checking PSECU Checking 1,500.00 x Savings PSECU Savings 80.00 x Credit Union Stocks/bonds Retirement Plans 65,000.00 x Real Estate 9 Norfolk Court 250,000.00 x Other PART IV. INSURANCE . aOV'E'RAGE INSURANCE .. TYPE COMPANY POLICY NO. H W C Hospital/Blue PPO Blue ZAR204585805 x x x Cross Medical/Blue PPO Blue ZAR204585805 x x x Shield Health Accident Disabili ty Income Dental Delta Dental 204585805 x x x Vision NPA 204585805 x x x Other-Specify *H=Husband; W=Wife; J=Joint; C=Child 7 -,"~ '-' 1-< r 1- PART V. [.f] SUPPLEMENTAL INCOME STATEMENT CHECK HERE IF NOT APPLICABLE (a) This (1 ) (2) (3) form is to be filled out by a person: Who operates a business or practices a profession, Who is a member of a partnership or joint venture, or Who is a shareholder in and is salaried by a closed corporation or similar entity. or (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached Business Address: (c) Name of Business: Business Telephone: (d) Nature of Business (check one) [ ] 1. Sole Proprietorship 2. partnershlP 3. Joint Venture 4. Professional 5. Corporation 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f) Business Income: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period 4. Net income per pay period 5. Specify deductions, if any: 8 'I".~"- ~ 1< I'-~ I - ~,.. ~ " , , =-~,~,.'( ^", ~ 0 .~ , ,- , ~ ~ ,~ '0'. il--_"~_'~-~'''l''''^t, do r'" ,-, .<"~ ".'-",--' -__4~~',(",_~_"'~" ",~".""-"-"",,,'"-"~ -- ,~~ 'IL r 0 r' c -" '''(i -:~ ",,.. 1:1 C.' ." . - P" r ~ , 0>,. : ~; ~, (/,~ ., " - (;) l~:": ., )0; . -, : ;::-::: ~- ,'- - tl'~ );-~ Cr) ~- :-;l , j :::'C -, ': :0 -< ~ i!JPIl. ij~J'ffl:~&f!0'F01"R"~1,,!,'i;;\_t"';'<'<;jtl;'::1,!,',,;,{(A~1~m~~~:W~1~1;ilJl~1F~~~ff:~ JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2384 CIVIL TERM LISA D. MULFORD, Defendant CIVIL ACTION - LAW DIVORCE MOTION FOR APPOINTMENT OF MASTER James F. Mulford, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x] Divorce [ x] Distribution of Property [ ] Annulment [ ] Support [ x ] Alimony [ x ] Counsel Fees [ ] Alimony Pendente Lite [ x ] Costs and Expenses In support of the Motion the Plaintiff states: I. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The Defendant [X] has [ ] has not appeared in the action [ ] personally [X] by her attorney, Samuel 1. Andes, Esquire. 3. The statutory ground for the divorce is/are: Section 3301 (c) Consent No-Fault and Section 330 I (d)Non-Consent No-Fault. 4. Check the applicable paragraphs: [] The action is not contested. [] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 5. 6. The hearing is expected to take one (1) day. Additional information, if any, relevant to the motion: None ~!~ (~2 Date: ORDER APPOINTING MASTER AND NOW, /J1~ pi ,2003, E. Robert Elicker, II, Esquire, is appointed Master with respect to the following claims: [ x ] Divorce [ ] Annulment [ x ] Alimony [ ] Alimony Pendente Lite [x] Distribution of Property [ ] Support [ x ] Counsel Fees [ x ] Costs and Expenses H'.'_\'Jl'i!l'f# ,~'" r . T'i' "I I, 1-' ~ ~ ~ i, tt ~ P~t l.> ",,""~~.., " _">M^"- r ,""~"_"'''C"'''_~'-_''''>b.^___ ,,". "'""'-"-w~,",,'_"'':^' _ . .. .... '~\!I,I:::d \jl'I~I:Ji'-:i;'.:. :",~, :~,',. '''n8 ". ~, -'.' ,~" ." 'h". ',' A1Nncn ,~,. ,. .. gu : 'i ~ l: ';} j:\ '.'.' ~ ~ ".." '-"."'.'IUli~""."'~lCi'T~ -'"",,,-C,,,,,""''''!>M o S <::'- ~'C)uj l~W ~~c, ~t' )>~: 0.'1 -< ~ C) r' ::n (..,~' ~ -~'''' '~ ,.< , ;~;;n ~~) ....:" S'~) :'-,.:Ci ;'-:-;rfl ::::-~i r=:-, J IJ_~ + ~"",,!ll~I'l!!!iI'!!'-'l'I~-wrw.T~lff,~,1\"""'''-''-_~-V'''''FHP'''ir'f' r" ","""T"%':''''''R,,",N,,~''1P'~1Jf1C''~~T,'',"~0'lii'f~j;"j1'\lr~m~~~,",,'_''!f!' ' @\ ~:;t~:,_/ ,~, " ';', < JAMES F. MULFORD, Plaintiff ) } ) ) } ) ) } ) vs. LISA D. MULFORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2384 CIVIL TERM 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 - ALIMONY 1. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 2. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 3. 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 II - ALIMONY PENDENTE LITE 4. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 5. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. '- ,.",,'."-"-,. ;,.,.-"",-" II . - WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT III - COUNSEL FEES AND EXPENSES 6. Defendant is without sufficient funds to retain counsel to represent her in this matter. 7. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 8. 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. ,,g~ S el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Po. C.S. 4904 (unsworn falsification to authorities). Date: 5/10/0) I ' ~j)~(d LI . MULFORDi . .. . !0'jk~, ,._,,^, e.". JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2384 CIVIL LISA D. MULFORD, Defendant IN DIVORCE TO: DianeG. Radcliff , Attorney for plaintiff Samuel L. Andes , Attorney for Defendant DATE: Monday, June 2, 2003 ~IFICAT~0 I certify that discovery is comple~ to othe for which the Master has been appointed. ~'-- clai{s. ;' ~!7 03 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. r,_',; T- ,. " ~ , 1-"-- 1---- ,,..,,,,,' , .,.., (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Co [JJ63 DAT < S~~ '-~, ~"-- PLAINTIFF 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. e" , I~'''_-' -. c.. "'[ ,~_. '"'~~"-"'-I "' . , ~ ~ "~"'~~ I~, - C^~,_,-c.,_,-__,,_ (b) ProvO e appro . ate date co lete an indicate w o complet discovery en discove will ~ taction i being t~en II t1;~t n _~~nl2rb ~L" F~~FF ( ) COUNSEL FOR DEFENDANT ~) 200"3. DATE 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. -,. "'.'"1'< '--1""-" "'1 '--'Y;-I . ". " r , '~ ,''''~!, ,'- - . - -.;"",,,.. JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2384 CIVIL LISA D. MULFORD, Defendant IN DIVORCE TO: Diane G. Radcliff Attorney for Plaintiff Samuel L. Andes , Attorney for Defendant DATE: Monday, June 2, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. COMPLETE: COVERY (a) hat informati is required is not co ete in order prepare the trial nd indicate w er there are y outstanding interrogat es or discove motions. - " ~ . 1,"",-'- I""" ., -I"" " I" .r' ,. ~ :'it .~,.... ~ t' ,~ , ~. ." I'" '. ,., ~,"'~-",...,'" , '~,:-; -',','j- /-'e;""!;f'~"''- ~"~ ';(JJ1irilu-->' ',',:itd., "t:p"J "" .~ _ - ~ .~ "'"' ~ rt'-:- -;:;1':--":;,' i.( ~'t~ ,,~,,~i!!Ill"l'~~~WJ\!l!(~~~~.,~I'f'!~MW~~~,;'!<r_C"'H'!i;"Y"l\l-I'~1_,?\__!;"""".-;.--~"I>}ql!'f]~::W~'"'\i$''l~!1;'!!!:W~''li!ij~}1W:~''!'!'({Wtilll'fl~jjfflll!~;ii!lf_''lli11t~ , I . ~ /8/~f I JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW LISA D. MULFORD, Defendant NO. 01-2384 CIVIL TERM 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(bl: 1. ASSETS. Attached hereto and marked as Schedule A is a list of the marital assets as known to Defendant/Wife. Attached as Schedule B is a list of the non-marital assets as known to Wife. 2. EXPERT WITNESSES. At the present time, neither party has consulted an expert witness or obtained reports from expert witnesses. Wife hopes that the parties will be able to agree upon values of all assets without the use of expert witnesses. If they cannot, however, she reserves the right to call the following expert witnesses at the hearing: A. A pension valuation expert to testify about the value of her account within the Public School Employees' Retirement System and the present value of the marital portion of that account. B. An appraiser of household furnishings and tangible personal property to establish the value of those assets if they are still in dispute. Defendant reserves the right to call such additional expert witnesses as may be necessary to respond to evidence offered by Plaintiff in his case in chief. " ,- 3. FACT WITNESSES. At the present time Defendant plans to call only herself as a fact witnesses. She reserves the right, however, to call such additional fact witnesses as she determines are necessary to respond to evidence offered by Plaintiff in his case in chief. 4. EXHIBITS. The exhibits which the Defendant expects to offer into evidence are typical of a case of this type and include the following: A. Income tax returns, paycheck stubs, and other information to verify the incomes of the parties. B. A list of the household and living expenses of herself and her children. C. Statements and other documents to confirm the existence and present value of the marital portion of the investment and financial accounts held by the parties. D. Documents relating to Husband's stock options with his present employer, such as those which are attached to this pre-trial statement. E. Documents describing the benefits she earned during the marriage in the Public School Employees' Retirement System and, if necessary, a formal appraisal or valuation of those assets. Wife reserves the right to offer into evidence such additional exhibits as she deems necessary to respond to information submitted by Plaintiff in his case in chief. 5. INCOME STATEMENT. Wife is employed as a 4th grade classroom teacher by the Harrisburg City School District for which she is paid a gross salary of $1,878.69 every two weeks year-round. Attached hereto is a copy of a recent paycheck stub of hers reflecting her current income which shows that her net pay, calculated after adding back .~ ',,0. the voluntary contribution to her tax-deferred annuity, is $1,277.28 every two weeks, or $2,767.44 per month, net of taxes and mandatory deductions. Her only other income is the child and spousal support paid to her by Mr. Mulford, which is currently in the amount of $2,089.40 per month. Also attached to this pre-trial statement is a copy of her 2002 federal income tax return reflecting her income from all sources. 6. EXPENSE STATEMENT. Wife will provide a current expense statement shortly prior to the master's hearing. She recently moved from the family residence and the parties are in the process of modifying the spousal and child support payments and, at the present time, she does not know precisely what her living expenses will be at the time of the master's hearing. 7. PENSION INFORMATION. Both of the parties' pension benefits are in accounts which can be valued by looking at their balance at or near the time of the hearing. The one exception is Wife's account within the Public School Employees' Retirement System. If the parties are not able to agree upon the value of those benefits, they will have to be appraised and the report or testimony of the expert conducting that appraisal will have to be offered into evidence. 8. COUNSEL FEES. Wife has incurred substantial counsel fees to date in this matter and expects additional counsel fees will be incurred by the time the hearings are concluded. She will produce evidence of those fees at the time of the hearing if that is still necessary. 9. PERSONAL PROPERTY. Wife believes that the parties have previously divided their personal property but, from some of Husband's recent actions, it appears that he does not agree. If the parties are not able to resolve their differences over the value or distribution of the household furnishings, Wife proposes to have them appraised and have the testimony of an appraiser offered at the hearing. 1 O. MARITAL DEBTS. Other than the mortgage against the house and any other debts listed on Schedule A, Wife is not aware of any marital debts that existed at the time of separation with which the Master will have to deal. 11. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Wife proposes that she retain her benefits within the Public School Employees' Retirement System and her tax- deferred annuity with Travelers and the other assets currently in her possession (the automobile and tangible personal property) and that Husband retain the remaining assets, except for the stock options he has with his employer. Wife proposes that the stock options be divided so that she receives 55 percent of the net proceeds of their exercise, and Husband receive 45 percent of them, when the options are exercised. She also proposes that Husband pay her alimony in the amount of $650.00 per month for an indefinite term. ~~Q Q, Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 SCHEDULE A : MARITAL PROPERTY DATE OF MARITAL AMOUNT OF ASSET VALUE V ALUA TION PORTION LIENS LIEN Proceeds of sale of $77,000.04 28 May 2003 100% None NIA residence at 9 Norfolk Court, Mechanicsburg, PA' Husband's 401 (k) plan $7,768.18 31 March 100% None NIA with 20012 known Knowledgeplanet. com ,I nc. (held with MFS Investment Mgmt Co.) Husband's IRA with $53,354.85 31 March 100% None NIA Fidelity Investments 20013 known Husband's IRA with $12,910.00 31 March 100% None NIA Vanguard Group 2001' known Husband's stock options Unknown5 31 March 100% None NIA with 2001 known6 Knowledgeplanet.com, Inc. 1By agreement, the proceeds of the sale of the residence were divided between the parties so that Wife received 55 percent ($42,350.02) and Husband received 45 percent ($34,650.02) and the parties waived all further claims to the equitable distribution of these proceeds based upon that division. 'Husband has reported this asset to have a value of $6,420.40 as of 31 March 2003 and that value needs to be updated and confirmed. 'Husband reports this asset to have a value of $38,108.68 as of 31 March 2003, but that value needs to be updated and confirmed. 'Husband reports this asset to have a value of $9,147.44 as of 31 March 2003 but that value needs to be updated and confirmed. 'Husband had 2,000 options vested as of September, 2000, and may have been given additional options since that date. The option price is $2.39 per share but, until the options are exercised in accordance with the option agreement, a copy of which is attached, it is not possible to determine the value of the options. 6These options will be subject to income tax when they are exercised. '" 'o,'.-,^"__' Wife's account within $70,000.00 September, 100% None N/A the Public School (est'd only}7 2001 known Employees' Retirement System Wife's tax-sheltered $15,583.87 31 December 100% None N/A annuity with Travelers 20028 knewn Life and Annuity Co. Joint investment $3,195.17 December, 100% None N/A account with Fidelity 2000. known Investments Joint investment $2,261.76 31 December 100% None N/A account with American 2001'0 known Century Funds Household furnishings Unknown 11 February, 100% None N/A 2001 Wife's 1992 VW Jetta None12 July, 2003 100% None N/A automobile Husband's 2001 Saturn None" July, 2003 100% Lease Unknown automobile 'This benefit has not been appraised as yet. The above estimate is based upon the total contributions held in her account at the time of separation ($30,775.59 or less) plus the right to receive an annuity of $156.81 for life after that date. 'This value is based upon the full balance in the account on 31 December 2002 ($17,263.87) reduced by the contributions made after the date of separation and through the end of 2002. Wife acknowledges that this information will have to be updated at the time of the hearing. 9This is the last date for which Wife has statements for this account. lOThese funds were withdrawn from the account at about the time of separation and Wife believes that Husband received and retained those funds. l1These assets have not been appraised or otherwise valued and Wife believes that the parties have essentially divided them by agreement and conduct up to this time. "Neither party has placed any value upon this asset and Wife believes it has no market value. 13Wife places no value on this vehicle because she believes the balance owed on the lease is substantially the same as the market value of the vehicle. NOTE: At the time of separation the parties owned various other bank accounts which they previously divided. Wife claims one of those accounts is still subject to equitable distribution because it was the account used by the parties to set aside money to pay real estate taxes and insurance on the family home and Husband removed the funds from that account at or about the time of separation, without Wife's knowledge or consent, and she was then left to pay the real estate taxes and insurance as they became due. SCHEDULE B = NON-MARITAL PROPERTY Each of the parties has, Wife believes, made contributions to their retirement accounts and retirement assets since separation, or had their employers make such contributions for their benefit. Wife believes all of these post-separation contributions to be non-marital property. Other than such contributions, however, she is not aware of any non-marital property held or claimed by either of the parties. ;- j. J KnowledgePlsnet.com, Inc. INCENTIVE STOCK OPTION AGREEMENT THIS INCENTIVE STOCK OPTION AGREEMENT ("Agreement") is made and entered into as of\'\ ,,," '" (' ,,, ?>- , A' n (the "Date of Grant") by and between James Mulford (the "Employee") and KnowledgePlanet.com, Inc., a Delaware COl"poration (the "Company"). ARTICLE A. GRANT OF INCENTIVE STOCK OPTION 1. Grant of Stock Option. The Company hereby grants to the Employee an option (the "Option") to purchase shares of Class A Common Stock as specifically described on Exhibit "A" (collectively, the "Shares"), at the price set forth on Exhibit "A", and in aH respects subject to the [enns, definitions and provisions of the KnowlcdgePlanet.com, Inc. Performance Incentive Stock Plan (the "Plan") adopted by the Company, which is incorporated herein by reference. Unless otherwise defined herein, the tenus defined in the Plan shaH have the same defined meanings herein. 2. Nature ofthe Option. The Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. 3. Exercise Price. The exercise price for each share of Class A Common Stock shall be as set forth on Exhibit "A", which price is not less than the fair market value per share of the Class A Common Stock on the Date of Grant. 4. Exercise of Option. The Option shall be exercisable on the dates set forth on Exhibit "A", subject to the following conditions: (a) The number of Shares shall not be pro-rated if the Option is exercised between the dates indicated; rather, each percentage shall remain constant until the next consecutive date of vesting as set forth on Exhibit "A". (b) The Option may not be exercised for a fraction of a Share. (c) In the event of the Employee's death, disability or other termination of employment, the exercisabilityofthe Option is governed by Sections 7, 8 and 9 below. (d) In nO event may the Option be exercised after the date of expiration of ihe tenu of the Option as set forth in Section 5 below. (e) Method of Exercise. The Option shall be exercisable, in whole or in part, by the delivery of written notice to the Company which shall state the eJection to exercise the Option, the number of Shares in respect ofwhieh the Option is being excrcised, and such other representations and agreements as to the holder's investment intent with respect to the Shares as. HUG 224781 2d Wd[S:,0 ,002 L' .~d~ 001?006U E 'ON 3NOHd wO~'+duedd6pdIMOU~ WO~~ '-;'''<-1!!0i-~'~=_"''''_ rilay be r~quiredC by the Company. Such written notice shall be signed by the Optionee and shall be delivered in person or by certified mail to the Secretary of the Company. The written notice shall be accompanied by payment ofrhe exercise price and, ifnot previously delivered, a signed Stock Purchase Agreement. The Option shall be deemed to be exercised upon receipt by the Company of such written notice accompanied by the exercise price and the signed Stock Purchase Agreement. No Shares will be issued pursuant to the exercise of an Option unless such issuance and such exercise shall comply with all relevant provisions of law and the requirements of any stock exchange upon which the Shares may then be listed. Assuming such compliance, for income tax purposes the Shares shall be considered transferred to the Employee on the date on which the Option is exercised with respect to such Shares. 5. Term oUhe Option. No portion of the Option may be exercised more than ten (10) years (five (5) years if the Employee owns, immediately before the Date of Grant, stock representing more than ten percent (10%) of the total combined voting power of all classes of stock of the Company or of any Parent or Subsidiary) from the Date of Grant of this Option, and may be exercised during such term only in accordance with the Plan and the terms of this Option. 6. Metbod ofPavment, Payment ofthc exercise price shall be by any of the following, or a combination thereof, at the election of the Employee: (a) cash; (b) check; (c) surrender of other shares of Class A Common Stock of the Company which (i) either have been owned by the Employee for m6re than six (6) months on the date of sllrrender or were not acquired, directly or indirectly, from the Company and (ii) have a fair market value on the date of surrender equal to the exercise price of the Shares as to which the Option is being exercised. 7. Termination of Status as an Emoloyee. In the event of the termination of the Employee's Continuous Status as an Employee, he may, but only within ninety (90) days from the date of such termination (but in no event later than the date of expiration of the term of this Option as set forth in Section 5 above), exercise this Option to the extent that he was entitled to exercise it at the date of such termination. To the extent that he was not entitled to exercise this Option at the date of such termination, or if he does not exercise this Option within the time specified herein, the Option shall terminate. 8. Disability of the Emplovee. Notwithstanding the provisions of Section 7 above, in the event of the termination of the Employee's Continuous Status as an Employee as a result of his total and permanent disability (as defined in Section 22(e)(3) of the Code), he may, but only within ninety (90) days from the date of termination of employment (but in no event later than the date of expiration ofthe term of this Option as set forth in Section 5 above), exercise this Option to the extent he was entitled to exercise it at the date of such tennination. To the BBG 224781 ~d Wdp~:l0 l00c Ll '~d~ 00p006U U 'ON 3NOHd wo~ '+3ued36p3!~OU~ WOd~ ,'W '" _"Z ~ r~ '.. -',','_ ",-, - ^' :'(,""'-*- '.-1 ---,-, ,. -'" e\tent th~t he w~ not entitled to exercise this Option at the date of termination, or if he does not exercise this Option within the time specified herein, the Option shall terminate. 9, Death of the EmDlovee. Notwithstanding the provisions of Section 8 above, in the event of the death of the Employee who shall have been in Continuous Status as an Employee since the date ofg.rant of this Option, the Option m!lybe exercised, at any time within six (6) months following the date of death (but in no event later than the date of expiration of the term of tbis Option as set forth in Section 5 above) by the Employee's estate or by a person who acquired the right to exercise the Option by bequest or inheritance, but only to the extent the right to exercise had accrued at the date of death. 10. Restrictions on Transfer. (a) This Option may not be transferred in any manner other than by will or by the laws of descent or distribution. The Option granted hereunder may be exercised during the lifetime of the Employee only by the Employee. The terms of this Option shall be binding upon the executors, administrators, heirs, successors and assigns of the Employee. (b) The Employee hereby agrees, upon the request of the Company or the underwriters managing the initial public offering of the Company's securities, not to sell, make any short sale of, loan, grant any option for the purchase of, or otherwise dispose of any shares of the Company's Class A Common Stock (other than those included in the registration) without the prior written consent ofthe Company or such underwriters, as the case may be, for such period of time (not to exceed 180 days) from the effective date of such registration as the Company or underwriters may specify; orovided that all officers and directors of the Company at the time of such public offering agree to a similar restriction. 11. Earlv DisDosition of Stock. The Employee understands that ifhe disposes of any Shares received under this Option within two (2) years after the Date ofGTant or within one (1) year after such Shares were transferred to him, he will be treated for federal income tax purposes as having received ordinary income at the time of such disposition in an amount generally measured by the difference between the price paid for the Shares at the date of the exercise and the fair market value of the Shares at the date of disposition. The Employee hereby agrees to notify the Company in writing within 30 days after the date of any such disposition. ARTICLE B. RELEASE 1:2. Intentionallv Left Blank. 13. Emolovee Release. In consideration of the grant of the Option to the Employee as set forth in Article A. above, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Employee, the Employee hereby remises, releases and forever discharges the Company, KnowledgeSoft.inc., KnowledgeSoft Bolding Company, MindQ Publishing, Inc., Knowledge Universe Interactive Studio, Inc. and Knowledge Universe, Inc. (collectively, the "Former Employers"), their respective officers, directors and shareholders, and each of their respective heirs, personal representatives, successors and ~ssigns HBG 224781 Pd WdSS:,0 ,002 L, 'Jd~ 00t>006LL 1L 'ON 3NOHd WO~'+dUPdd6pdlMOU~ : WO~~ ~'__-,,"l, ,." , c/- -"1'''''1,'' .' ~_~ .- - ""~,I'-", "," '. '(c~llectively, the "Released Parties") of and from any and all actions, suits, proceedings, debts, damages, costs, claims, demands, causes of action and/or liabilities of any nature or description whatsoever in law or equity which he may have or may ever have had from the beginning of time to the present, known or \lIIknown, real or imaginary, actual or potential, by reason of any actions ofany kind taken by any of the Released Parties with respect to the Employee's ability or right to receive or otherwise acquire (in each case, in any manner whatsoever) an equity interest or stock appreciation right in the Company andlor any of the Fonner Employers, except for the Company's obligation to fulfill the tenns and provisions of Article A. above. ARTICLE C. MISCELLANEOUS 14. Entire Al!reement. This Agreement represents the entire agreement of the parties and may be amended only by a writing signed by each of them. 15. Amendments; Exhibits. No amendment, change or modification of any of the tenns, provisions or conditions of this Agreement shall be effective unless made in writing and signed by the patties hereto or by their duly authorized representatives, except that Exhibit "A" may be amended and replaced in its entirety by the Company, from time to time, provided that the Employee and thc Company must initialize the replacement exhibit in order for the any new Exhibit "An to be binding against the Employee and the Company. 16. Governinl! Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. . 17. Agreement Binding. The obligations of the Employee under this Agreement shall continue after the tennination of his employment with the Company for any reason, with or without cause, and shall be binding on his heirs, exectitors, legal representative and assigns and shall inure to the benefit of any successors and assigns ofthe Company. 18. Counterparts, Section Headinl!s. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instmment. The section headings of this Agreement are for convenience of reference only and shall not affect the construction or interpretation of any of the provisions hereof. 19, Rdr;n;ncc3 to Gender. A.!.tnnl1eh, for the sake of convenience, all references in this Agreement to the gender of the Employee are to the masculine gender, the parties acknowledge and agree that all such references shall include the feminine gender. 20. Investment Representation of Optionee. The Employee understands that the Company's obligation to issue shares of Class A Cornman stock under the :Plan is subject to (i) the effectiveness of the registration statement under the Securities Act of 1933, as amended, if deemed necessary or appropriate by counsel for the Company, and (ii) any other applicable laws, regulations, rules and orders which may then be in effect. HFlG 224781 Sd WdSS:T0 T00c LT '~d~ 00\7006LLTL 'ON 3NOHd wo~'+auedd6pal~ou>l WOCLJ jtJ))i" "-">"'.','1l"", ,-, -q ,- ',- - - -", .- > <" . - J .Zl. .lnteroretation of Plan and Agreement. This Agreement is the written option agreement referred to in Section 5(b) of the Plan. If there is any conflict between the Plan and this Agreement, the provisions of the Plan shall control. Any dispute or disagreement which shall arise under or in any way relate to the interpretation or construction of the Plan or this Agreement shall be resolved by the Committee and the decision of the Committee shall be final, binding and conclusive for aU purposes. THE EMPLOYEE ACKNOWLEDGES AND AGREES THAT THE EXERClSABILlTY OF OPTIONS PURSUANT TO ARTICLE A. HEREOF IS EARNED ONLY BY CONTINUING EMPLOYMENT AT THE WILL OF THE COMPANY (NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED TIllS OPTION OR ACQUIRING SHARES HEREUNDER). THE EMPLOYEE FURTHER ACKNOWLEDGES AND AGREES THAT NOTIllNG IN TIllS AGREEMENT, NOR IN THE COMPANY'S PERFORMANCE INCENTIVE STOCK PLAN WHICH IS INCORPORATED HEREIN BY REFERENCE, SHALL CONFER UPON THE EMPLOYEE ANY RIGHT WITH RESPECT TO CONTINUATION OF EMPLOYMENT BY THE COMPANY, NOR SHALL IT INTERFERE IN ANY WAY WITH HIS RIGHT OR THE COMPANY'S RIGHT TO TERMINATE HIS EMPLOYMENT AT ANY TIME WITH OR WITHOUT CAUSE. The Employee acknowledges receipt of a copy of the Plan and certain information related thereto and represents that hc is familiar with the terms and provisions thereof, and hereby accepts this Option subjecl to all of the terms and provisions thereof. The Employee has reviewed the Plan and this Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior lU ~JteLUlillg thi~ Agrccmontllnd fi.llly ~Irul':nto,""k .11 pr"vi.inn. "fthe A~eement. which provisions the Employee acknowledges and agrees are reasonable and enforceable to protect the Company's interests. The Employee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions arising under the Plan. The Employee further agrees to notify the Company upon any change in the residence address indicated below. ~{BG 224781 9d Wd9S:T0 1002 L1 '~d~ 00v005LL1L 'ON 3NOHd W08 '+duedd5pdl~Ou~ WOdd ~"".,,, ., 0 - .' -. -",~.. . _ '_ <~. I' -, "' ,". I . . IN WITNESS WHEREOF, the parties hereto have executed this Agreement or caused this Agreement to be executed as of the day and year first above written. Witness: /4 ):/11/ Address: 91ft f./ f- Cr. [vJ, "'In""-} hv" i ///1 no:>:( I d Attest: KnowledgePlanet.com, Inc. ~0- B~~/d Name: Title: (J~j "> HIlG 224781 Ld WdLS:l0 100c Ll .~d~ 00l>006LL lL 'ON 3NOHd wO~'+duedd6pd[MOU~ WO~~ i'r"~1!<:'\~I"l';w."","", _ ,~",~. .'. ,'C'__I'_>'''". ,"'I" 'r_ ,,-, " ,. -, ' . . EXHIBIT A Employee Name: Date Of Hire: Original Grant Date Original Grant Amt James MUlford 2/14/00 2/14/00 2,000 OriQinal fu1ill1 TOTAL Total Grant 2,000 2,000 Vested as of 12/31/99 o o Quarter Beginning 1/1/00 4/1/00 711/00 1 011/00 1/1/01 4/1/01 7/1/01 10/1/01 1/1/02 4/1/02 7/1/02 10/1/02 1/1/03 4/1/03 7/1/03 10/1/03 1/1/04 Total Grant Exercise Price Total purchase Price o o o o 500 625 750 875 1,000 1,125 1.250 1,375 1.500 1,625 1,750 1.875 2,000 o o o o 500 625 750 875 1,000 1,125 1,250 1,375 1,500 1,625 1,750 1,875 2,000 2,000 2,000 $2.39 $ 2.39 $4.78000 I $4,780.00 Date: Date: c( Bd WdLS:~0 ~00c L~ '~d~ 00t>006U U 'ON 3NOHd WO~.l~UPd36pdIMOU~ WO~j " , "',"". ' , "',"1 ',' , ,'~ ~~;?,~~ /=.>/" "-':':~' snJiC])~~_~ D.S/23"t93,' , ~ - _.-. "., ' ::~i~'i:~~l D MULFORIi '",,(:,i,:-, ~~ .:,:~:!P5-~OL~:~:;_~T ,~:::: ",~:'-,:>~~ i':~'! MECHl\N~CSBtiRG)?A,:\:tft'd!j);\ ;~,.:"..,..'...~.t...,.,.,...:;'..'"..::~..":..' f.',""";"::".':,'f,:,..'"".,'.','..;., ,.,..~.':r,:",::.t~," "~' ';-~~,..'.;,~,~,"i':.'..::.~.;':'."--.'.'" "~7:,.': ,;,~:,',,;-l -, , '. _ '" ... _ r . J::j;X;:'r;,!:.;i:~~c::~~t:c- ** NON-NEGOTIABLE ** THE SCHOOL DISTRICT OF THE CITY OF HARRISBURG,PA l~FORD. LISA D STATEMENT OF EARr.'fJNGS AND DEDUCTIONS.PLEASE DETACH AND KEEP FOR YOUR RECORDS "':': ';':'E(lri/tii ';8 ;:-::~":: :: ?fJi/iiis:d::::~ ::; :,::>:,\,:b~diidiOns':::':':": ;::,::.:/ YiD':bed~cA\):"; :' ;':'::;':::':':::ij;/#fi8tJiibli:/':':"':: :::'J ,:.:,:,:::::;::,.t:::}),riii'oh7si':;':::':':':" REG SALARY 75.00 1,878.69 FICA 116.48 1,281.28 116.48 20,665.59 MEDICARE 27.24 299.64 27.24 FED TAX 209.37 2,309.07 .00 \',: ;':': >;Cijfr.~h{E.a~1{.lJt.t$:::::::': ,:., STATE TAX 52.60 578.60 .00 LOCAL TAX 31. 94 351. 34 .00 1,878.69 UC TAX .38 4.18 67.63 RET D T-D 140.90 1,549.90 21. 60 REA DUES 22.50 247.50 .00 TSA TRAV'L 40.00 400.00 .00 1,237.28 DENTAL F .00 .00 25.00 PRESC F .00 .00 106.50 VISION F .00 .00 4.75 LIFE INS .00 .00 3.38 PPO FAMILY .00 .00 359.98 75.00 1,878.69 '~liave:::;':::' " .:.:':"::'::,:'BaliDi'c'i;':/ ;' )::::(td/ken';:0z):::,:\:. SICK PIE PAY 54.50 2.00 7.00 2.00 Total 641.41 7,021.51 732.56 Vll02351 Department of the Treasury - Internal Revenue Service' 2002 CLIENT COpy l1040 I '99' " U.S. Individual Income Tax Return IRS Use Onl" ~ Do not write or ::'I~nle in this snace. For the'''ear Jan~ 1-Dec. 31 2002 or other tax "ear be"'inninn , endin... I OMS No. 1545-0074 Label Your first name M.1. Last name Suffix , Your social security no. (Bele Lisa D Mulford , 204-58-5805 instructions on If a joint return, spouse's first name M.1. Last name Suffix , Spouse's social security no. pa"e21_) , 163-52-5189 Use the IRS label. Home address (number and street). If you have a P. O. box, see page 21. IAPt. no. & IMPORTANT! & Otherwise, 9 Norfolk Court You MUST enter please print City, town or post office State ZIP code your SSN(s) above. or type. Mechanicsburn PA 17055 Presidential ... NOTE. Checking "Yes" will not change your tax or reduce your refund. You Spouse Election Campai9n" Do you, or your spouse if filing a joint return, want $3 to go to this fund? . ~ DYes II] No DYes D No 1 0 Single 4 D Head of household (with qualifying person). (See O . . .. . . page 21.) If the qualifying person is a child but not 2 Married filing JOintly (even If only one had Income) your dependent,.enter this child's name here. 3 []] Married filing separately. Enter spouse's SSN above and full name here. ~ James First name: ~ Filing status Last name: Name SSN: 5 D Qualifying widow(er) with dependent child (year spouse died ~ ). (See page 21.) Check only one box. Mulford 6a II] Yourself. Exemptions b 0 Spouse C If your parent (or someone else) can claim you as a dependent on his or her tax return, DO NOT check box 6a. . . . . . . } No. of boxes checked on 6a and 6b ----1- No, of children on 6c who: If more than five dependents, see page 22. Dependents: (2) Dependent's (3) Dependent's (4) '/irQUal- '1' First name social security number relationship ifying child for Last name to"ou chlldtaxcredil Kevin J Mulford 195-72-7983 Son iXI Michael L Mulford 202-74-9954 Son Ii(! 0 ,--, u [J . Jived with you ~ . did not live with you due to divorce or separation ~ Dependents on 6e not entered above ~ d Total number of exemptions claimed . . . . . . . . . . . Add numbers on lines above ... [2] Income 7 Wages, salaries, tips, etc. Attach Form(s) W-2 7 43 052 8a TAXABLE interest. Attach Schedule B if required . .i 8b.1 oi 8a 212 Atblch b TAX-EXEMPT interest. DO NOT include on line 8a Forms W.2 and W-2G here. 9 Ordinary dividends. Attach Schedule B If required 9 0 Also attach Form(s) 10 Taxable refunds, credits, or offsets of state and local income taxes (see page 24) 10 13 1099-R if tax 11 Alimony received 11 8245 wa9 withheld. 12 Business income or (loss). Attach Schedule C or C-EZ .0 12 0 If you did not get a 13 Capital gain or (loss). Attach Sch. D if required. If not required, check here 13 0 W-1., see page 23. 14 Other gains or (losses) Attach Form 4797 14 0 15a IRA distributions tilil otj b Taxable amount 15b 0 16a Pensions and annUities 16b 0 16a o b Taxable amount 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E 17 0 18 Farm income or (loss). Attach Schedule F 18 0 Enclose, but do 19 Unemployment compensation .~ IbT~X~bl~ a';'o~ni 19 0 not attach, any 20a Social security benefits 01 20b 0 payment. Also, 21 Other income. List Iype and amount (see page 29) ._-----~---------~----------~-- please use 22 . Add- ih~ ~~~~~t~-i~-th~- ia~-r;~hl-~~iU~~ f~~ ~~~~:/ ih-r~u~;'-21--Thi~ i~ ~~U; T6T~L-I-NccjME- -- - ~ - ~ ~ 21 0 Form 1040-V. 22 51,522 23 Educator expenses (see page 29) 23 0 Adjusted 24 IRA deduction (see page 29) 24 0 25 Student loan interest deduction (see page 31) 25 0 Gross 26 Tuition and fees deduction (see page 32) 26 0 Income 27 Archer MSA deduction. Attach Form 8853 27 0 28 Moving expenses. Attach Form 3903 28 0 29 One-half of self-employment tax. Attach Schedule SE 29 0 30 Seif-employed health insurance deduction (see page 33) 30 0 31 Self-empioyed SEP, SIMPLE, and qualified plans 31 0 32 Penalty on early withdrawal of savings 32 0 33a Alimony paid b Recipient's SSN ~ 33a 0 34 Add lines 23 through 33a 34 0 35 Subtract line 34 from line 22. This is vour ADJUSTED GROSS INCOME ~ 35 51,522 For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 76. (HTA) Form 1040 (2002) ~c;~~....~_t... _ ~ _ , _'~' , , ~'" ~ ,1Il'Wlil"!ll ~I-,~ ~ r -" _, ",,__,~-, '4'_~'''''''~ Form 1040 12002\ Lisa D Mulford 204-58-5805 " Po, " Tax and 31\ Arnou~t from line 35 (adjusted gross income) D SPOUSE ~a~ 65 ~r ~Id~r, "[j ~Iin.d ., 36 51 522 Credits 37a Check if: D YOU were 65 or older, D Blind; standard Add the number of boxes checked above and enter the total here ~ 37a Deduction for- b If you are married filing separately and your spouse itemizes deductions, 37bD or you were a dual-status alien, see page 34 and check here .~ ~. " People who 38 ITEMIZED DEDUCTIONS (from Schedule A) OR your STANDARD DEDUCTION (see left margin) 38 15,388 ctlecked any box r 39 Subtract line 38 from line 36 39 36134 oil line 37a or If line 36 is $103,000 or less, multiply $3,000 by the total number of exemptions arb OR who can 40 ~ claimed as a claimed on line 6d. If line 36 is over $103,00Q, see the worksheet on page 35 40 9000 dependent, see 41 TAXABLE INCOME. Subtract line 40 from line 39. If line 40 is more than line Denter -0- . 41 27134 p<lge 34. 42 TAX (see P9 36). Check if any tax is from: a 0 Form(s) 8814 b Form 4972 42 4,222 " All others: 43 ALTERNATIVE MINIMUM TAX (see page 37). Attach Form 6251 43 170 Single, $4,700 44 Add lines 42 and 43 ~ 44 4392 Head of 45 Foreign tax credit. Attach Form 1116 if required 45 0 hOusehold, 46 Credit for child and dependent care expenses. Attach Form 2441 46 583 $6,900 47 Credit for the elderly or the disabled. Attach Schedule R 47 0 Married filing 48 Education credits. Attach Form 8863 48 0 joIntly or QlJalifying 49 Retirement savings contributions credit. Attach Form 8880 49 0 widow{er}, 50 Child tax credit (see page 39) 50 1200 $1,S50 51 Adoption credit. Attach Form 8839 . 51 0 Mi3rried filing 52 Credits from: a D Form 8396 b D For~ 8859 52 0 separately, 53 Other credits. Check applicable box(es): a D Form 3800 $3.925 b 0 Form 8801 c o Specify 53 0 54 Add lines 45 through 53. These are your TOTAL CREDITS 54 1783 55 Subtract line 54 from line 44. If line 54 is more than iine 44 enter -0- .~ 55 2,609 56 Self-employment tax. Attach Schedule SE 56 0 Other 57 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 57 0 Taxes 58 Tax on qualified plans, including lRAs, and other tax-favored accounts. Attach Form 53:29 if required 58 0 59 Advance earned income credit payments from Form(s) W-2 59 0 60 Household employment taxes. Attach Schedule H 60 0 61 Add lines 55 throuoh 60. This is vour TOTAL TAX. ~ 61 2609 Payments 62 Federal Income tax withheld from Forms W-2 and 1099 62 5280 63 2002 estimated tax payments and amount applied from 2001 return 63 0 If you have a 64 Earned income credit (EIC) 64 0 qualifying child, 65 Excess social security and tier 1 RRTA tax withheld (see page 56) 65 0 attach Schedule EJC. 66 Additional child tax credit. Attach Form 8812 66 0 67 Amount paid with request for extension to fiie (see[J:e 56) . . 67 0 68 Other payments from: a D Form 2439 b Form 4136 c D Form 8885 . . . . . . . . . . . . . . . . . . . 68 0 69 Add lines 621hrouah 68. These are vour TOTAL PAYMENTS ~ 69 5280 Refund 70 If line 69 is more than line 61, subtract line 61 from line 69. This is the amount you OVERPAID. 70 2671 71a Amounl of line 70 you want REFUNDED TO YOU . . . . . . . . . . . [j S~Vj~9S ~ 71a 2671 Oirectdeposit? ~ b. I . I~ D. See page 56 and Routtng number C Type: Checking fill in 71b, 71C, ... d Account number I I and 71d. 01 72 Amount of line 70 vou want APPLIED TO YOUR2003 ESTIMATED TAX ..1 72 f Amount 73 AMOUNT YOU OWE. Subtract line 69 from line '61. For details on how to pa ,see lage 57 at 73 0 You Owe 74 Estimated tax oenaltv (see Oaoe 57\. .......... 74 Third Party Designee Sign Here Do you want to allow another person to discuss this return with the IRS (see page 58)? 0 YES. Complete the following, [RJ NO Designee's Phone Personal identification name ~ no. ~ number (PIN) ~ Under penalties of perjury, I declare 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. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knOWledge. Your signature Date Your occupation Daytime phone no. Teacher Spouse's occupation Spouse's signature. If a joint return, BOTH must sign. Date Home phone no. Joint return? ~ See page 21. Keep a copy for your records. Paid Preparer's Use Only Preparer's signature Firm's name (or yours if self-employed), address, and ZIP code Date 3/28/2003 Preparer's SSN or PTIN 077-30-4286 ~ John C. Le ler , 204 E. S rin ville Rd BoilinQ SprinQs Slate P A 717-258-3008 17007 Form 1040 (2002) "~"ft"'''l''!f!WjlH... _" _~"l; "~~ '..... ~ ,. ~ -,,~ ~~~ 0..... SCHEDULE A (Form 1040) , . Schedule A - ItelJli,z:ed Deductions Department of the Treasury Internal Revenue Service (99) Name(s) shown on Form 1040 Lisa D Mulford Medical and Dental Expenses CAUTION. Do not include expenses reimbursed or paid by others. 1 Medical and dental expenses (see page A-2) 2 Enter amount from Form 1040, line 36.. 2 51 522 3 Multiply line 2 by 7.5% (.075). .... . . . . 4 Subtract line 3 from line 1. If line 3 is more than line 1 enter -0- 5 State and local income taxes. ....... 6 Real estate taxes (see page A-2) . . . . . . . . . 7 Personal property taxes . . . . . . . . . 8 Other taxes. List type and amount $ See Attached Worksheet $ 9 Add lines 5 throu h 8 . . . . .. ..... 10 Home mortgage interest and points reported to you on Form 1098 11 Home mortgage interest not reported to you on Form 1098. If paid to the person from whom you bought the home, see page A-3 and show that person's name, identifying no., and address Name Address TIN 12 Points not reported to you on Form 1098. See page A-3 for special rules .. ............. 13 Investment interest. Attach Form 4952 if required. (See page A-3.) ................. 14 Add lines 10throu h13 . . . . . . . . . 15 Gifts by cash or check. If you made any gift of $250 or more, see page A-4 . . . . . . . . . . . . . . . 16 Other than by cash or check. If any gift of $250 or more, see page A-4. You MUST attach Form 8283 if over $500 . 17 Carryover from prior year .... 18Addlines15throuh17. _.. ..... Taxes You Paid (See page A-2.) Interest Yau Paid (see page A-3_) Note. Personal interest is not deductible. Gifts to Charity If you made a gift and got a benefit for it, see a e A-4. Casualty and Theft Losses Job Expenses and Most Other Miscellaneous Deductions (See page A-5 for expenses to deduct here.) Other Miscellaneous Deductions Toto' Itemized Oeductions 30 11 12 13 $ $ 3,864 1954 3289 9,995 21 Tax preparation fees . . . . . . . 22 Other expenses - investment, safe deposit box, etc. List type and amount $ $ $ 0 23 Add lines 20 through 22 ........ 0 24 Enter amount Irom Form 1040, line 36 . . 24 25 Multiply line 24 by 2% (.02) .. ..... 1 030 26 Subtract iine 25 from line 23_ If line 25 is more than line 23 enter -0- 27 Other - from list on page A-6. List type and amount $ 28 Is Form 1040, line 36, over $137,300 (over $68,650 il married filing separately)? W No, Your deduction is not iimited. Add the amounts In the lar right column for lines 4 through 27. Also, enter this amount on Form 1040, iine 38. DYes. Your deduction may be iimited. See page A-6 for the amount to enter. For Paperwork Reduction Act Notice, see Form 1040 Instructions. "<f'~. _, ~ (HTA) __",'O^ " - OMS Nb_ 1545-0074 2002 Attachment Se uence No. 07 Your social security number 204-58-5805 o o 30 5273 o o 9995 120 o o 120 o o o o Schedule A (Form 1040) 2002 - - Form 2441 Child and Depend~n.t.Care Expenses OM;;' No. 1545-0068 Attach to Form 1040. 2002 , , Departmen\ of Ihe Treasury Int~rnal Revenue Service (99} See se arate instructions. Attachment Sequence No. 21 Your social security number 204-58-5805 N~me(s) shown on Form 1040 Lisa D Mulford Before you begin: You need to understand the following terms. See DEFINITIONS on page 1 of the instructions. * Dependent Care Benefits * Qualifying Person(s) * Qualified Expenses * Earned Income Pllrt I Persons or Organizations Who Provided the Care - You MUST complete this part. III vou need more SDace use the bottom 01 naae 2.) 1 (a) Care provider's (b) Address (c) Identifying number (d) Amount paid name (number, slreet, apt. no., city, state, and ZIP code) (SSN or I:IN) (see instructions) 841 w. Trindle Rd Mechanicsburn Learninn CentF Mechanicsburo PA 17055 23-1982624 2916 0 Did you receive dependent care benefits? No Yes Complete only Part II below. Complete Part III on the back next. Caution. If the care was provided in your home, you m~y owe employment taxes. See the instructions for Form 1040, line 60. PlIrt II Credit for Child and Dependent Care Expenses 2 Information about our QUALIFYING PERSON S. If au have more th~n two uali in ersons see Ihe instructions. (a) Qualifying person's name (b) Qualifying person's (c) Qualified expenses you social security number incurred and paid in 2002 for First Last the person listed in column (a) Kevin J Mulford 195-72-7983 1,067 1849 Michaei L Mulford 202-74-9954 3 Add the amounts in column (c) of line 2. DO NOT enter more than $2,400 for one qualifying person or $4,800 for two or more persons. If you completed Part III, enter the amount from line 26 . . . . . . . . . . . . . . . Enter your EARNED INCOME . . . . . . . . . . . . . If married filing a joint return, enter your spouse's earned income (if your spouse was a student or was disabled, see the instructions); ALL OTHERS, enter the amount from line 4 Enter the SMALLEST of line 3, 4, or 5 . . . . . . . . . . . . . .. ..... Enter the amountfrom Form 1040, line 36 . . . 7 51 522 Enter on line 8 the decimal ~mount shown below that applies to the amount on line 7 If line 7 is: If line 7 is: But not Decimal But not over amount is Over over $0 - 10,000 .30 $20,000 - 22,000 10,000 - 12,000 .29 22,000 - 24,000 12,000 -14.000 .28 24,000 - 26,000 14,000 - 16,000 .27 26,000 - 28,000 16,000 - 18,000 .26 28,000 -No limit 18,000 - 20,000 .25 9 Multiply line 6 by the decimal amount on line 8. If you paid 2001 expenses in 2002, see the instructions . 4 5 3 4 2916 43 052 6 7 8 5 6 43,052 2916 .24 .23 .22 .21 .20 0.20 Over Decimal amount is 9 583 10 Enter the amount from Form 1040, line 44, minus any amount Dn Form 1040, line 45 11 CREDIT FOR CHILD AND DEPENDENT CARE EXPENSES. Enter the SMALLER 01 line 9 or line 10 here and on Form 1040 line 46 . . . . . . . . . . . . . . For Paperwork Reduction Act Notice, see page 3 of the instructions. 10 4392 11 583 Form 2441 (2002) (HTA) ;~<"mn,~. "~ ~~ ,~ ~ ". . Oepartment of the Treasury Attachment Internal Revenue Service (99) Attach to Form 1040 or Form 1040NR. Se uence No. 32 Name(s) shown on Form 1040 Your social security number Lisa D Mulford 204-58-5805 Part I Alternative Minimum Taxable Income (See instructions for how to complete each line.) 1 If filing Schedule A (Form 1040), enler the amount from Form 1040, line 39, and go to line 2. Otherwise, enter the amount from Form 1040, line 36, and go to line 7. (If zero or less, enter as a negative amount.) . .. 1 Medical and dental. Enter the SMALLER of Schedule A (Form 1040), line 4, OR 2 1/2% of Form 1040, line 36. 2 Taxes from Schedule A (Form 1040), line 9 . . . . . . . . . . . . . . . . . . . . _ . . 3 Certain interest on a home mortgage NOT used to buy, build, or improve your home . 4 Miscellaneous deductions from Schedule A (Form 1040), line 26 . . .. ...... 5 If Form 1040, line 36, is over $137,300 (over $68,650 if married filing separately), enter the amount from line 9 of the worksheet for Schedule A (Form 1040), line 28 . . . . Tax refund from Form 1040, line 10 or line 21 ................... Investment interest expense (difference between regular tax and AMT) . . . . . . . . . . Depletion (difference between regular tax and AMT) . . . . . .. .... Net operating loss deduction from Form 1040, line 21. Enter as a positive amount Interest from specified private activity bonds exempt from the regular tax . . . Qualified small business stock (42% of gain excluded under section 1202) . . . Exercise of incentive stock options (excess of AMT income over regular tax income) . . . . Estates and trusts (amount from Schedule K-1 (Form 1041), line 9) . . . . . . . . . . . Electing large partnerships (amount from Scheduie K-1 (Form 1065-8), box 6). .... Disposition of properly (difference between AMT and regular tax gain or loss) . . . . . . . Depreciation on assets placed in service after 1986 (difference between regular tax and AMT) . Passive activities (difference between AMT and regular tax income or loss). ..... Loss limitations (difference between AMT and regular tax income or loss) . . . . . . . Circulation costs (difference between regular tax and AMT) . . . .. ....... Long-term contracts (difference between AMT and regular tax income) . Mining costs (difference between regular tax and AMT) . . Research and experimental costs (difference between regUlar tax and AMT) . Income from certain installment sales before January 1, 1987 . Intangible drilling costs preference . . . . . . . . . . . . . . . . . . Other adjustments, including income-based related adjustments . . Alternative tax net operating loss deduction . . . . . . . . . . . . . . . . ALTERNATIVE MINIMUM TAXABLE INCOME. Combine lines 1 through 27. (If married filing se aratel and line 28 is more than 173 000 see a e 7 of the instructions. . . . . Part II Alternative Minimum Tax 29 Exemption. (If this form is for a child under age 14, see page 7 of the instructions.) AND line 28 is THEN enter on IF your filing status is . . . not over. . . line 29 . . . Single or head of household . . . . . . $112,500 . .. $35,750 Married filing jointly or qualifying widow(er) 150,000. . 49,000 } Married filing separately. ...... 75,000. . 24,500 If line 28 is OVER the amount shown above for your filing status, see page 7 of the instructions. Subtract line 29 from line 28. If zero or less, enter -0- here and on lines 33 and 35 and stop here If you reported capital gain distributions directly on Form 1040, line 13, OR you had a gain on both lines 16 and 17 of Schedule D (Form 1040) (as refigured for the AMT, if necessary), } complete Part III on the back and enter the amount from line 57 here. ALL OTHERS: If line 3D is $175,000 or less ($87,500 or less if married fiiing separately), mulliply line 3D by 26% (.26). Otherwise, mUltiply line 30 by 28% (.28) and subtract $3,500 ($1,750 if married filing separately) from Ihe result. Alternative minimum tax foreign tax credit (see page 7 of the inslructions) . Tentative minimum tax. Subtract line 32 from line 31 . . . . . . . . . . . . . . . Tax from Form 1040, line 42 (minus any tax from Form 4972 and any foreign tax credit from Form 1040, line 45) . . .. .... . . . . . . . . . . . . . . . . . 35 ALTERNATIVE MINIMUM TAX. Subtract line 34 from line 33. If zero or less, enter -0-. Enter here and on Form 1040 line 43 . . . . . . . For PapelWork Reduction Act Notice, see page 8 of the instructions. . . n_,!.,)l'l,~ " form 6251 Alternative Minimum ,Tax - Individuals " . See separate instructions. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . . . . . . . . 22 23 24 25 26 27 30 31 32 33 34 (HTA) ~ - ..,.. , , 28 34 35 OM!! No.' 1545-0227 2002 36134 o 5273 o o 13 o o o o o o o o 41 394 24 500 16894 4,392 4392 4222 170 Form 6251 (2002) -., ~ - v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2384 CIVIL TERM JAMES F. MULFORD, Plaintiff LISA D. MULFORD, Divorce : CIVIL ACTION - LAW : DIVORCE INVENTORY OF JAMES F. MULFORD Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. G. DCLlFF, ESQUIR Ie oad Ca , 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Co rt I #32112 I ~ Dated: b Page 1 ,,--'~,~_. II ~~ =. =,.~,~-~, ASSETS AND LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. (X) 2. (X) 3. () 4. (X) 5. (X) 6. () 7. () 8. ( ) 9. () 10. () 11. () 12. () 13. () 14. () 15. () 16. () 17. (X) 18. (X) 19. () 20. () 21. () 22. ( ) 23. () 24. (X) 25. () 26. (X) 27. ""0/ Real property and Real Estate Mortgages Motor vehicles and Vehicle Liens Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, worker's compensation claim/award Profit sharing plans Pension Plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitarylVA benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution is in dispute) Other assets Loans, Credit Cards and Other Debts Page 2 SECTION I MARITAL ASSETS AND DEBTS THE FOLLOWING IS A LISTING OF THE MARITAL ASSETS AND DEBTS OF THE PARTIES: DESCRIPTION OF DATE OF PROPERTY OR LIABILITY VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE t{E'AI;~s:l-A;Ji:i>iNqi~~~[ci~sTA'r~MQRTt{AGg$.:i ITEM 1 9 Norfolk Court, Mechanicsburg, PA Fair Market Value Waypoint Mortgage payoff upon sale PSECU Home Equity Loan payoff upon sale Net Equity Comments: Sell TBD Divide Equally Divide Equally Divide Equally Real Estate under contract for sale @ $255,000.00 2.6.01. Mtg. Baiance @ 171,229.31 2.6.01. Home Equity Loan balance @ $4,588.30 . ......~<iTQR.vgRiGtg~:A~i:ty~l-li~I.~.tl~~$:..... ITEM 2 Wife's 1992 V.W. Jetta Vehicle Loan Net Value Comments: 0.00 0.00 0.00 0.00 Wife needs to complete Kelley Blue Book sheets for valuation. Wife needs to supply current payoff statement for her vehicle ioan, if any. - -:-, ""Tl--':=' -, ! - Y""-, "' I, r', r \'1 "J\ 1='), ~! - ,L. :~~ F~, G _ __ __ >_ 4 _ _ ;.\. -....J _ e l/Ul c:: ! ;...- ----: t'"', _-__T~: .t ::; _~ ~-_:;;F<.F:._ ~f I \~~\l\l Page 3 DESCRIPTION OF DATE OF PROPERTY OR LIABILITY VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE Husband's 2001 Saturn 0.00 0.00 0.00 Loan Net Vaiue 0.00 0.00 Comments: Husband leased this vehicle in February of 2001 for 39 months. There was a trade in of mini van for $1,000.00 which was applied towards this iease. STOCKS'.:EiONi5S":S'gtUitt":g$::'b:~f"BNs'j4JN6YfJV~SfM~NtAtcou'Nts' ..' ",' :: :::"':. ::-::-::::-::.':.':-:: '::':':-::":'.'::':'::'::::':"::":':'::':':-.':":',".:':":"':':':':'''':':'~:':':'':'::':'::':'::':'':':'':':':.:.::.::',:.::;:,::.:.:,'.:.:::.:.':.::.::.":.":.','.:,'::,'.:,':.,'..,'..,'..,':.,'..,':.,'..,':.,'.:,'::,':.:'..,'.-:'.:,':.,':.,'.:,'..,'..,'..,'..,'..,'..,'..,' .,'..,':,"":,"":.,':.'..,'..:'.,:' ',. ',. ,::' ..: ITEM 3 Knowledge Planet Stock Options TBD TBD TBD TBD TBD Comments: 2.14.00 options for 2000 shares granted @$2.39/share or $4,780.00 total Currentiy these stock options have no value. "'<:',:~ijg:G'~f~~~~G:<ii.iN'T$ANRBA$):L"'" .'. . ITEM 4 N/A Divided Divided Equally Equally Divided Equally Divided Equally Comments: All accounts have previously been divided equally. Approximately $800.00 divided. SAVJNG$A~~Ql.J~T~;:~Q'N~X:M.ABt<:E,.1:i:A~R:~~Xr~@~'~~ItEi'fI9~TE:$,.... . ITEM 5 N/A Divided Divided Equally Equally Divided Equally Divided Equally Comments: All accounts have previously been divided equally. Approximately $1 ,600.00 divided. .,_.,_;~_I~r _:~: '--.. h'" ~~_ .c.- I-IA<F(F., I_s f--', --' ':'J ... t~ .:: E F ~~~_~?<fi_'r == C)~\T ~ -", , I J _ Page 4 DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION L1ABI L1TY TO HUSBAND TO WIFE ".~MPl.,qYM.~NI~~~~JQNi.~.R.~1;jR.i2Mi2~TP(A~~ ............. .. , ............ .. .".".." ,..., ., . ...".".... .. ..:<::..,....'...,.,.... ITEM 6 Wife's PSERS 2.22.02 70,637.51 70,637.51 70,637.51 Retirement Comments: BASED ON RETIREMENT ON 2.22.01 ('**DOES NOT INCLUDE ACT9 LEGISLATIVE CHANGES'*') 1. Maximum Single Life Annuity: $279.90; Death Benefit of $30,775.59 or Contributions of $30,775.59 withdrawn+ $157.95/mo. 2. Option 1 - No contributions withdrawn: $277.89 per month; Death benefit of $70,637.51; 3. Option 1 - Contributions of $30,775.59 withdrawn: $156.81 per month; Death benefit of $39,861.92 ITEM 7 Wife's 403b Retirement 12.31.02 15,899.39 15,899.39 15,899.39 Comments: See analysis at end ofthis Section. ITEM 8 Husband's KP 401K 12.31.02 6,531.65 6,531.65 6,531.65 Comments: Vested Value as of 3.31.01 was $7,768.18. See analysis at end of this Section. NON:E&~L9YM€~f:RgX(g€M:€~1;:etA~gAffP']~,6;.A~~:qgNTS. , ,.:.... '.'.".. ITEM 9 Husband's Fidelity IRA 1.31.03 39,076.05 39,076.05 39,076.05 Accou nt 3147-539082 Comments: 3.31.01 statement value @ $53,354.85.,{ 1.31.03 statement value @ $39,076.05.,{ There have been no contributions or withdrawals from this account since separation. Change in value is due solely to market conditions. ,-- ~ ",...-:-: 1_ _'-.:_~ J :~ f..!' ~\lhPoF>Ip~(;_~~ c --;-.-,~. L _~_ 1. i.:.J 'M "-' ~ ;3 I"~ P ;'~j~) IT ~= l\! Page 5 ',~ --: 1 / ',~} nL DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY TO HUSBAND TO WIFE ITEM 10 Husband's Vanguard IRA 1.31.03 9,225.88 9,225.88 9,225.88 Account #13796782 Comments: 3.1.01 statement value @ $13,973.64 ..[ 1.31.03 statement value @ 9,225.88 ..[ There have been no contributions or withdrawals from this account since separation. Change in vaiue is due solely to market conditions ITEM 11 Husband's Vanguard IRA 1.31.03 349.20 349.20 349.20 Account 45V-744236 Comments: 3.1.01 statement value @ $1,151.64..[ 1.31.03 statement value @ 349.20..[ There have been no contributions or withdrawals from this account since separation. Change in vaiue is due soiely to market conditions HOUSEHOI,.P, GoblJ,siNb"~GitiilsH'iN~~(if':b>..2~i~hLisil~INbISP&T~) ..:".:,.,:.",.'.::..::.....::.::.::.::.::::::::.':::'::::::::".':-::'::,::,:::::.':',"'::::':::::",.:::,::::::.,'::',"-::::"::-:::-:::":::':::'::::,'::::"::::.::::',"::,::::.:.,::.:,:.:::.:..'..:.::..:.,,:.'.:'... ITEM 12 Husband's Household TBD TBD TBD TBD Goods Comments: Parties to provide listing and valuation of all household goods and contents. When completed parties will have to determine if appraisai of these goods shouid be performed ITEM 13 Wife's Househoid Goods TBD TBD TBD TBD Comments: Parties to provide listing and valuation of all household goods and contents. When completed parties will have to determine if appraisal of these goods should be performed -'1 (" :-(1~S"1 () t:' rVl'- p ~: LJ -,- ~::\ ~.-, T-? " 1. _ ~_ .1:'-'0_'_":' ..:..J-: ;0 ~'/2.5/~:6 . .~' -r-=;' -' - - -~ - <:::t' ~32. _.F~P,.]:~:~i I (JI\} ~ "C i -'-, ,J 1 .,] " Page 6 DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY TO HUSBAND TO WIFE " '. 'L.'94~~::Q~~P'lf'G~~P'~'~Nq:9TH~~'Q~~f$ c..'...:..,. ..., "',," ..".....,...,. ITEM 14 N/A Divided Divided Equally Divided Equally Divided Equally Equally Comments: All debts and liabilities have previously been divided. TOTALS TOTAL OF ASSETS AND LIABILITIES 141,719.68 55,182.78 86,536.90 PERCENTAGE OF DISTRIBUTION " , " '," T otais from above 141,719.68 55,182.78 86,536,90 0.39 0.61 ADJUSTMENT FOR 50/50 DIVISION Totais from above 141,719.68 55,182.78 86,536.90 Amount Due in 50/50 Division 70,859.84 70,859.84 Adjustment Figure 15,677.06 (15,677.06) ADJUSTMENT FOR 45/55 DIVISION Totais from above 141,719.68 55,182.78 86,536.90 Amount Due in 45/55 Division 63,773.86 77,945.82 Adjustment Figure 8,591,08 (8,591.08) ADJUSTMENT FOR 40/60 DIVISION Totais from above 141,719.68 55,182.78 86,536.90 Amount Due in 40/60 Division 56,687.87 85,031.81 Adjustment Figure 1,505.09 (1,505.09) :~., ~~:.. T' t=~ '.~)t l-.l}:iFU~:.=;~;~:' I '~ :::, ,~'-' j I-,i- f-;-;"'C' '~ ' - - - -- "~". M -'-- - ;:3 E, E' _:;'?~,~~i l' =: (j 1\1 : c '\-""": , , Page 7 COMMENTS AND NOTES: ANALYSIS OF WIFE'S TRAVELER'S LIFE ANNUITY A B C D E F G H I J K DATE DESCRIPTION AMOUNT MARITAL NON- SUBTOTAL SUBTOTAL SUBTOTAL MARITAL NON- MARITAL MARITAL NON ALL PERCENT MARITAL MARITAL PERCENT 3 3~31.01 SEPARATION 23,595.99 23,595.99 0,00 23,595.99 0,00 23,595,99 1.00 0 BALANCE 4 5 6,30.01 CONTRIBUTION 240.00 0.00 240.00 23,595,99 240,00 23,835.99 0.98993 0,0101 6 6.30.01 INVESTMENT 1,902.15 1,883,00 19.15 25,478,99 259.15 25,738.14 0.98993 0.0101 7 6,30.01 EXPENSES (15.00) (14.85) (0,15) 25,464.14 259.00 25,723.14 0.98993 0.0101 8 9 9.30.01 CONTRIBUTION 240,00 0.00 240,00 25,464.14 499,00 25,963,14 0.98078 0.0192 10 9,30.01 INVESTMENT (5,769,97) (5,659,07) (110,90) 19,805.07 388.10 20,193,17 0.98078 0.0192 11 9.30.01 EXPENSES 0,00 0.00 0.00 19,805.07 388.10 20,193.17 0,98078 0.0192 12 13 12.31.01 CONTRIBUTION 320,00 0.00 320,00 19,805,07 708.10 20,513,17 0.96548 0.0345 14 13.31.01 INVESTMENT 3,336.40 3,221,23 115,17 23,026.29 823.28 23,849,57 0.96548 0.0345 15 12,31.01 EXPENSES (15.00) (14.48) (0.52) 23,011.81 822.76 23,834,57 0,98548 0,0345 16 17 3.31,02 CONTRIBUTION 160,00 0.00 160.00 23,011.81 982,76 23,994,57 0,95904 0.041 18 3.31.02 INVESTMENT (325.24) (311,92) (13.32) 22,699,89 969.44 23,669.33 0.95904 0,041 19 3,31,02 EXPENSES 0,00 0.00 0.00 22,699.89 969.44 23,669,33 0,95904 0,041 20 21 6.30,02 CONTRIBUTION 320.00 0,00 320.00 22,699.89 1,289.44 23,989,33 0,94625 0.0538 22 6.30,02 INVESTMENT (4,439,95) (4,201.30) (238,65) 18,498.59 1,050.79 19,549.38 0.94625 0,0538 23 6,30,02 EXPENSES (15.00) (14.19) (0,81) 18,484.40 1,049,98 19,534.38 0,94625 0.0538 24 25 9.30,02 CONTRIBUTION 240,00 0.00 240.00 18,484.40 1,289.98 19,774.38 0.93477 0,0652 26 9,30.02 INVESTMENT (3,759.69) (3,514.43) (245.26) 14,969.97 1,044,72 16,014.69 0.93477 0.0652 --- - ,..--;,- ~ ,- I\,lp~:S'.F~ I_F_,~':;~ : L:: " r,!::. ~ " ,::'" ~..J - \::-' , <-, , .~" E 2c2~FJ,;~_ I Page 8 1\1 . ~r r ~ ~ ~'. -L, '---'- ANALYSIS OF WIFE'S TRAVELER'S LIFE ANNUITY A B C D E F G H I J K DATE DESCRIPTION AMOUNT MARITAL NON- SUBTOTAL SUBTOTAL SUBTOTAL MARITAL NON- MARITAL MARITAL NON ALL PERCENT MARITAL MARITAL PERCENT 27 9,30,02 EXPENSES 0.00 0,00 0.00 14,969.97 1,044,72 16,014.69 0.93477 0,0652 28 29 12,31,02 CONTRIBUTION 240.00 0,00 240.00 14,969.97 1,284.72 16,254.69 0,92096 0,079 30 12.31.02 INVESTMENT 1,024.18 943.23 80.95 15,913.20 1,365.67 17,278.87 0.92096 0,079 31 12,31,02 EXPENSES (15.00) (13.81) (1,19) 15,899,39 1,364.48 17,263.87 0.92096 0,079 32 33 3.31.03 CONTRIBUTION 0,00 0,00 15,899,39 1,364.48 17,263.87 0.92096 0,079 34 3.31.03 INVESTMENT 0.00 0,00 15,899.39 1,364.48 17,263.87 0.92096 0,079 35 3.31.03 EXPENSES 0.00 0.00 15,899.39 1,364.48 17,263.87 0.92096 0,079 36 37 6.30.03 CONTRIBUTION 0,00 0.00 15,899.39 1,364.48 17,263.87 0.92096 0,079 38 6,30.03 INVESTMENT 0.00 0,00 15,899,39 1,364.48 17,263,87 0.92096 0,079 39 6.30,03 EXPENSES 0,00 0,00 15,899.39 1,364.48 17,263.87 0.92096 0,079 40 41 TOTALS 17,263.87 15,899.39 1,364.48 15,899.39 1,364.48 17,263.87 0.92096 0.07904 _ _=,_'~ _'~ r ~_, i:: I\Ip~J:-<~r~, = :;'lC;~ : k /-, c:: , -- I.'>, " - - -.---- , ' ~~ I'::' ,~;:? _?,J:~I' I <:'1\1 : Page 9 ~ 1 I', -'-- -~----- ANALYSIS OF HUSBAND'S KNOWLEDGE PLANET 401K PLAN A B C D E F G H I J K DATE DESCRIPTION AMOUNT MARITAL NON. SUBTOTAL SUBTOTAL SUBTOTAL MARITAL NON. MARITAL MARITAL NON ALL PERCENT MARITAL MARITAL PERCENT 3 3,31,01 SEPARATION 9.771.51 9,771.51 0.00 9,771.51 O~OO 9,771,51 1.0000 0,0000 BALANCE 4 5 6,30,01 CONTRIBUTION 3,315,15 0.00 3,315.15 9,771.51 3,315,15 13,086.66 0.7467 0,2533 6 6,30,01 INVESTMENT 882,62 659,03 223.59 10,430.54 3,538.74 13,969.28 0.7467 0,2533 7 6,30.01 EXPENSES 0,00 0.00 0.00 10,430,54 3,538.74 13,969.28 0.7467 0,2533 8 9 9,30.01 CONTRIBUTION 1,476,14 0.00 1,476,14 10,430,54 5,014.88 15,445,42 0,6753 0,3247 10 9,30,01 INVESTMENT (3,786.65) (2,557,19) (1,229.46) 7,873.36 3,785.41 11,658.77 0,6753 0,3247 11 9.30.01 EXPENSES 0,00 0.00 0.00 7,873,36 3,785.41 11,658.77 0,6753 0,3247 12 13 12,31,01 CONTRIBUTION 1,810.12 0.00 1,810,12 7,873.36 5,595.53 13,468.89 0,5846 0.4154 14 13,31,01 INVESTMENT 2,054,07 1,200.72 853,35 9,074,08 6,448.88 15,522.96 0.5846 0.4154 15 12,31,01 EXPENSES 0,00 0.00 0,00 9,074.08 6,448,88 15,522.96 0.5846 0.4154 16 17 3,31,02 CONTRIBUTION 2,252,28 0,00 2,252.28 9,074.08 8,701.16 17,775.24 0.5105 0.4895 18 3,31.02 INVESTMENT (609,19) (310.99) (298.20) 8,763.10 8,402,95 17,166.05 0.5105 0.4895 19 3.31.02 EXPENSES 0,00 0.00 0.00 8,763.10 8,402.95 17,166.05 0.5105 0.4895 20 21 6,30,02 CONTRIBUTION 2,333,28 0.00 2,333.28 8,763,10 10,736.23 19,499.33 0.4494 0,5506 22 6,30,02 INVESTMENT (3,016,11) (1,355.45) (1,660,66) 7,407,64 9,075.58 16,483,22 0.4494 0,5506 23 6,30.02 EXPENSES 0,00 0.00 0.00 7,407.64 9,075.58 16.483.22 0.4494 0,5506 24 25 9,30,02 CONTRIBUTION 3,041.80 0,00 3,041,80 7,407.64 12,117.38 19,525.02 0.3794 0,6206 26 9,30.02 INVESTMENT (3,017.53) (1,144.83) (1,872.70) 6,262,81 10,244,68 16,507.49 0.3794 0,6206 27 9.30.02 EXPENSES 0.00 0.00 0,00 6,262.81 10,244.68 16,507.49 0,3794 0,6206 )~, ':: t ~;lF_F~.r':, := h 1'3 ~-;: ~ :) / l-., , ~'i,-' ......1 f l_, ,_} - -- "-- LI~~'-,-'~ ~. ~ P 1-'_... :;:~'lP I C!l\) ~, < , i~-\ ..: ~' - Page 10 ANALYSIS OF HUSBAND'S KNOWLEDGE PLANET 401K PLAN I>. B C 0 E F G H I J K DATE DESCRIPTION AMOUNT MARITAL NON- SUBTOTAL SUBTOTAL SUBTOTAL MARITAL NON- MARITAL MARITAL NON ALL PERCENT MARITAL MARITAL PERCENT 28 29 12.31,02 CONTRIBUTION 1,958,65 0,00 1,968,65 6,262.81 12,203.33 18,466,14 0.3392 0,6608 30 12,31,02 INVESTMENT 792,80 268.88 523.92 6,531.69 12,727.25 19,258.94 0,3392 0,6608 31 12,31,02 EXPENSES 0,00 0,00 0.00 6,531,69 12,727.25 19,258.94 0.3392 0,6608 32 33 3,31,03 CONTRIBUTION 0.00 0.00 6,531,69 12,727.25 19,258.94 0,3392 0,6608 34 3,31,03 INVESTMENT 0,00 0,00 6,531.69 12,727.25 19,258,94 0.3392 0,6608 35 3,31,03 EXPENSES 0.00 0.00 6,531.69 12,727.25 19,258.94 0.3392 0,6608 36 37 6,30,03 CONTRIBUTION 0.00 0.00 6,531,69 12,727.25 19,258,94 0.3392 0,6608 38 6,30,03 INVESTMENT 0,00 0,00 6,531.69 12,727,25 19,258,94 0.3392 0,6608 39 6,30,03 EXPENSES 0.00 0.00 6,531,69 12,727.25 19,258.94 0.3392 0,6608 40 41 TOTALS 19,258.94 6,531.69 12,727.25 6,531.69 12,727.25 19,258.94 0.3392 0.6608 -~- 7 I-;-;~ ,- M I~Jl.Pi~:,~~~, I lSC; ?, ~ ,/ .-~) I::: ,-..... ~, ....:::.... -_; tj (CJ =~', -_ ~'T.:i' ,~~-' <:, T-i'; P /2, ~::~ ,2, rn T () ~\T " .~-- ~- -- - -- '.- - ~ ~~ '- -, '" ~/OJ~ Page 11 SECTION II. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY THE FOLLOWING IS A LISTING OF THE HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY OF THE PARTIES: (Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse, For gifts and inheritance also specify the source person). HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR METHOD OF EXCLUSION IF VALUATION AND CLAIMED TO BE SUPPORTING NON. MARITAL DOCUMENTATION ITEM Comments: ITEM Comments: ITEM Comments: ITEM Comments: ITEM Comments: , ~, - -" '~', -;-- _!~:1h,?_.b:.IA,I.~J::"; ~ , ~ '.- ,.- , ,- I--,~, -:=-- ;3~ F 7:-_\~,:.l-,-1' == 1.:,_ o . r (-'1'- Page 12 SECTION III. NON-MARITAL ASSETS AND DEBTS THE FOLLOWING IS A LISTING OF THE NON-MARITAL ASSETS AND DEBTS OF THE PARTIES: (Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance aiso specify the source person). NON-MARITAL PROPERTY AND DEBTS DESCRIPTION OWNER POSSESSOR VALUE COMMENTS AND/OR METHOD OF BASIS FOR EXCLUSION VALUATION AND IF CLAIMED TO BE NON SUPPORTING MARITAL DOCUMENTATION ITEM None Comments: SECTION IV. PROPERTY TRANSFERRED The following is a listing of all properly which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: PROPERTY TRANSFERRED DESCRIPTION OF TRANSFER CONSIDERATION TRANSFEREE COMMENTS PROPERTY DATE ITEM None Comments: ;-, -:-:' If' 1-" __.' ._-~ -L "_~ (~',.c ,"- 'R" T~' "'~"~ . "'Ik --"', k' ;-2,( ,,'-l .. __ __ ...... .~_... ,-,J....:.J '" 5 ,/ 2 ::1 i :~, ~:' I~" , .- . . "-;";7 SE2;'~F'.J-:-_,_T=(~'l\J: ~, '-i ...:.... / :,J..:- Page 13 HI. CERTIFICATE OF SERVICE AND NOW, this _ day of ,2003, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within INVENTORY, upon the following set forth person, by mailing same by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID #32112 i ":' OF MA n.tT~ 'I 7\CF. " _ _.r\. ~" L..' J._ '" r..:: / '-) c.; / ,::) ,,_"! L., '"-" I C;. I OF '~"I-' ~o A D 7i T, I n T\-I' , '---' _.-1 L . ._.!-::\..<...l. _ \J_ ~ Page 14 / ~i / :'-') '''; / ..1-. / '"oj_L "(;=': !\',,,.,,,,.... ~ .'00"":' =~ .~- ,,;:j.J[ ~ . l;r .~ ~ ,~, ~", - ,""~. .'';'; .. ~ ~", ." '" ~" ",' - ""Hi'.. ""'__v" 'r' .~..~ "0" () s; [fj lJ~: ::::C (/) -'" .--:: ~ ~:::': \ .J:." -.-j .m_,' .~,~.<<.,., -''', ~ ,~' .~... "';-, ".} 'G ~ ?~, 1'~""'C'''""' ~~m!llll!?ffl\l!R1!~'!:!IlJ;'W"'''''''\~'1FBr:f>IW~:''i!~~~"",,_~''i~:;;P~f',ffID~!!l.11g~1;~~Jjj'-WJ!'~lr-i@l\l~lijl_ ,~"""">" ,,,!~I JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-2384 CIVIL TERM LISA D. MULFORD, Defendant IN DIVORCE ORDER OF COURT AND NOW this -1-S-tl.- day of M>~ ,2003, upon consideration of the attached Petition for Emergency ~ehef, a hearing IS hereby scheduled before the undersigned, to be held in Court Room No. I of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at q:.1/) o'clock ---A:..m. on 71Lu..twcl/11 the 3d day of 9, (/'1 2003. BY THE COURT, J. Distribution: Diane G. Radcliff, Esquire (Attorney for Plaintiff) 3448 Trindle Road, Camp Hill, PA 17011 ~ -.5_1/...0-3 ,~ Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, PA 17043 ~ -1?~ 5//6/03 ~ . .- -= - ,J;lfJlli,. ., 1'~~"'F"~'''''''';lOOl r ~ '.;.' "_'e__" ..,. ',..... ~. <'.C<- '" ~, ~ ,~..o.~< _~ , -'<'. ."" L ,""' ~",.,.."""""",,,,,. .~ _",";';'~""i,"l.<_";"'o ^" . . .. ~ '"'1,1'..11\'1 Q1\lr~I':'irl o,l '.,VI \ 1/\"..l .d'_l... r .~_ '-_r,lf11""", It'ln'" - ," ," I ^ 1\ ,',' ,: "-- .... '...-' (, \1,1:;- ) r', 'l_ ,.!~) .J'I!IIl1~lI ~]~RIl_~]ll.~~I~~!T~?,~,"~""W~'!i!""_:<"j~'~~il:'F'i-"M[;'}:o?\'~~~~~~~.illJ"5~r~~"",,,o:~.:l1lf..l~_~: " II " ~~I~r, '. , JAMES F. MULFORD, Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-2384 CIVIL TERM LISA D. MULFORD, Defendant IN DIVORCE PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court for emergency relief in this matter as follows: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. Plaintiff and Defendant have been married for many years and are the parents of two minor children, both of whom reside in the primary physical custody of Defendant and have resided with her since the parties separated in March of 2001. 3. Plaintiff and Defendant currently own, as tenants by the entireties a residence at 9 Norfolk Court in Mechanicsburg, Pennsylvania. That residence is occupied by Defendant and the parties' two children. Plaintiff has not resided in that residence since he voluntarily left it in March of 2001. 4. In an effort to resolve the economic disputes between the parties, and to reach agreement for the equitable distribution of the marital properties, Plaintiff and Defendant listed the residence at 9 Norfolk Court in Mechanicsburg, Pennsylvania for sale. Subsequent to listing it for sale, the parties signed an agreement for the sale of the property. 5. After Plaintiff and Defendant signed the agreement for the sale of their residence, Plaintiff notified Defendant that he would not agree to divide any portion of the proceeds of the sale of the property to allow hlJr to acquire a new residence for herself and the children. Plaintiff and his attorney advised Defendant and her attorney that all of the proceeds from the sale of the residence would have to be placed in escrow. 6. Defendant needs a new residence for herself and the parties' minor children. She desires to move to a location within the same school district where she and the children now reside so that the children's education will not be disrupted by the move, , " and she desires to move only one time so that the disruption of the children's lives caused by the divorce of their parents will be minimized. 7. To provide a suitable residence for the parties children and for herself, Defendant has entered into an agreement of sale to purchase a residence at 41 Keefer Way, Mechanicsburg, Pennsylvania, for a total purchase of $161,600.00. She has further arranged to borrow all of the funds necessary to finance her purchase of the property. 8. To complete the purchase of the property at 41 Keefer Way, Plaintiff needs at least 50% of the net proceeds of the sale of the marital residence at 9 Norfolk Court. The parties have been advised that the net proceeds of that sale will be approximately $75,000.00. 9. There are sufficient marital assets for Defendant to receive 50% of the net proceeds of the sale of the marital residence and still leave sufficient assets under the control of this court to effect a fair and equitable distribution of all of the martial assets. 10, Plaintiff has now advised Defendant that Plaintiff will not sign a spousal waiver or other documents waiving any claim to the property at 41 Keefer Way, in an effort to coerce Defendant into accepting a settlement which is not reasonable or fair to her. As a result, Plaintiff has threatened to prevent Defendant from acquiring a suitable home for herself and the parties' children. 11, Defendant has learned that she will not be able to complete her financing of the property at 41 Keefer Way without Defendant either waiving any claims to the property arising out of the marriage of the Plaintiff and Defendant or subordinating any claims he has to the liens of the entities and persons lending Defendant money for the purchase of the property. Thus, without a spousal waiver or similar document executed by Plaintiff, Defendant will not be able to purchase the property at 41 Keefer Way and thereby provide a residence for herself and the children. 12. The execution of a spousal waiver by Plaintiff will not cause him any financial or other loss or any prejudice in the pending divorce action between the parties because all of his claims to the parties' equity in the marital residence will transfer to the funds generated by its sale and the other assets which represent the marital property of the parties. 13. Plaintiff's refusal to execute and deliver a spousal waiver creates immediate, serious, and continuing prejudice to Defendant and to the parties' children, in that it prevents Defendant from obtaining and providing a suitable home for the children. .1_"-'"'"'",__.''' -,,-,_.- u " WHEREFORE, Defendant prays this court to take the following action: A. Award to Plaintiff, as an advance on her share of the equitable distribution of the marital property, 50% of the net proceeds of the sale of the marital residence at 9 Norfolk Court to allow Defendant to use those funds to purchase a new home for herself and the children; and B. Order and direct Plaintiff to complete, execute and deliver to Defendant a spousal waiver or similar document waiving any marital interest in the residence at 41 Keefer Way to be purchased by Defendant; or C. Decree that Plaintiff has no equitable, marital, or other interest in the residence to be purchased by Defendant at 41 Keefer Way and enjoined Plaintiff from making or claiming any such interest, so as to allow Defendant to finance her purchase of 41 Keefer WC'Y without interference by Plaintiff; or D. Such other actions as the court deems necessary and equitable in this matter. ~ Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 '"'-~, , VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 5/ J sj03 &!.;u~~~~ . , CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition for Emergency Relief upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: 14 May 2003 O~~7n~ Amy M. arklns Secretary for Samuel L. Andes ". ,,~, ;,<___, ^ or"",",~ ~ 11 ,I i: I: I ["I 'I I: ti I' !", ~~- I " ." ~,' ,-- ,-=. _'M .". ~--. .,~-"""< "'~l "(JiTJ 1T1" 1 .L_"_ e', ,,'J r~: l._ ;c,: o c. ~-- --l ~ .'~ c::> ("",,:; o ., ".,', , ~ ....~--' .;:> en ~~ ~ - ~~,!iil~ ~1I"_1vrwm"$l! c_ lliI~;>.o.!~~~~~m""-J'",\""'i~;:-,,q;r'w<:r'U?l~:K4(f.ii',,;'H'l'i(!W~l!~~~tlJli~i"~~_~li-~~ JAMES F. MULFORD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2384 CIVIL TERM LISA D. MULFORD, Defendant : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I hereby certify that on May 2,2003, I, Diane G, Radcliff, Esquire, served a true and correct copy of Plaintiffs 3301(d) Affidavit upon the following named Samuel L. Andes, Esquire, Attorney for Defendant, addressed as follows by Certified Mail, the return receipt for which mailing is attached hereto as Exhibit "A" and made a part hereof: Samuel L. Andes, Esquire 525 N. 12th Street P.O. Box 168 Lemoyne, P A 17043 Respectfully submitted, DCLIFF, ESQUIRE 8 Trin oad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff i '"WfM:~,",",,"" I ~ -~ ~ ~- - -------------- "''''-:r- . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. .JII.Print your name and address on the reverse , so that we can return the card to you. . ,.Attach this card to the back of the mailpiece, or on the ,front if space permits. ~~ Artiat:Addressed to: ,~ >,'? %60 %. S.:J-{" 71. /).K .# ~!t~ !t,f ~ ~/?O/j . 3. Service Type ~ Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Articl~ N,umb~r (CPPf ,from service la~1) 'L, I' J _. ~ ' ~"f9'$1/ 1"0' il'tJt;.3 '7 / (j,1j UK.3 J PS Forr:n 3811, July 1999 Domestic Return Receipt 1Q2595-99-M-1789 IJJII/~(~~,~"..".~.,. EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD ':<'lJ"I" , , ~ i.9il '~ '.. " ,~ " ~~~.-l"~~.~r, " ,,"-' .~.~- ,-"""," ... ,. "'~,'" ",--" " ''"lIlJU:IIIIfrtll,r'''''<;i'' g ~ ~Ff ~t W"i :<:", <C~ ;Zc :;; l., c: ?:I -<. CJ 0-) ~;:-= -- --il" ,~ ~ ~~irf! ,,1"1'1 ):~..Y,. "","0 -.:: -\-1 :::2~ ~;~rn ~::::t "po. :0 '< ~J .-' ::~ .-.". - c:? (.;> lMWI"I1~'Ij"";h;;"'?!?'!!ce'P'!'f,l]~~~_,....".~!"~j'~jiiIilQ~mJ,I[_, ,~~[' I, I I JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION- LAW NO. 01-2384 CIVIL TERM LISA D, MULFORD, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw Defendant's Petition for Emergency Relief which was filed on 15 May 2003. 27 June 2003 ~t-~Q Samu L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 !llI F- ~,,~ ,., , ~~" r"'l! "-, ~ . , ,y ,,-,~~ ?>,~'~"'--,.' ,_,"""h"~~' '-~,,","~-O-1iJ -, '.....~.<'H'fat'r:tU'~f~~t (") 5;: $' ::1:1C(; !per 2F'-' Ct)'h ~ ;::S,C K'- ~~" , ' j;;:C' c <: :::;! c' h. ::1: \f' :::. '... Cl W , .~ ;;e W <::., o ~T] ::::;1 h-~:J.J ,-- -'~'rn ,.-6[-; -':1 r ,.~~~ c5rn --"i .$ -< ~~ 'f, ,,' -...-o~~",-" ~'lJiffiil~T';jf.'iJ1*lfF'~ilOtl!~~!-~~~~T.,':'_"~}.~J ~ ... JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2384 CIVIL TERM LISA D. MULFORD, Defendant CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE AND 3301(0) COUNTERAFFIDAVIT I, Diane G. Radcliff, Esquire, hereby certify that on June 18, 2003 I served a true and correct copy of the attached Notice of Intent to Request Entry of Divorce Decree under Section 3301 (d) and Praecipe to Transmit the Record upon the Defendant's Attorney, Samuel L. Andes, Esquire, by mailing the same by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, s RADCLIFF, ESQUIRE T dle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID# 32112 Dated: June 18, 2003 - 1 - "'~ - ......... - - .,- -;-~ 1'1 I' II ( ......,..,... " f')'- - <. ~" ~ ~"'&~'~',"'~ ~ ~ .. ~'""~,<;-"""'''' "~,,~,,, '-,,-~ '"I" lWtiillll'F n""TC ... .. g <:::> 0- <..-, -n s: <- ._.Ii -0 OJ c:: :~~ S2GJ, :;;:e N ~S?: .-J ;:,~9 ..<:",;- ",~o .-, -- ~c} :P' {5~~ ;?o - ~ "'.-~n .....0 >c C? ~~ ~. w ~ ~ ,..,~ " ~ ,.,,~!;lli!", "_~ ;,:<"""~,!""_,,,,,,","!I!~l1f!!''''[~!~{~;I:W\l'Jr!~J~(<;,;!!'l<M'1'lt,?~"!"~'fl,~~~~l\!~~~~~1~il'i~nli\i~.i - ,.~ -A '-1 -, '-IT vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES F. MULFORD, Plaintiff CIVIL ACTION - LAW NO. 01-2384 CIVIL TERM LISA D. MULFORD, Defendant IN DIVORCE OBJECTION TO ENTRY OF FINAL DECREE IN DIVORCE WITHOUT RESOLUTION OF ECONOMIC ISSUES AND OBJECTION TO BIFURCATION AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and objects to the bifurcation of these proceedings or the entry of a final decree in divorce, until such time as the court decides and resolves all of the economic issues, based upon the following: 1. Although the parties have now lived separate and apart for two years and the marriage is irretrievably broken, the economic issues involved in this divorce action have not been resolved. 2. On 24 May 2001, Defendant filed a Petition for Economic Relief raising claims of alimony, alimony pendente, counsel fees and expenses. 3. In his original complaint, Plaintiff raised a claim for equitable distribution of marital property. 4. All of these claims for economic relief have been properly raised by the parties and not, as yet, determined by this court. 5, Defendant believes that she may loose significant economic rights if the final decree in divorce in this action is entered before the court determines, decides, and disposes of the economic issues which have been properly raised in the case. 6. There has been no petition for bifurcation filed in this matter and Defendant opposes the bifurcation of these proceedings or the entry of a final decree in divorce without the resolution of these economic claims. ~~-~ ~ L. And Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 0;' ,-^-,,,.,,'- ~j~~"IJ\., ~ ~-. II "ri " VERIFICATION I verify that the statements made in this Objection are true and correct. understand that any false statements in this Objection are subject to the penalties of 1 8 Pa. C,S. 4904 (unsworn falsification to authorities), Date:~ '1l/o:s ~~~~~/C fa 1 "~ ~, - ~"'". """,",,,,,. -~~." _ "",~)""'C_I _~"1If,,, -'~'__'C'~., ,- l~-'~'- 0 0 C) C C.) I'! s: 5=: ~ -ocr' t:!;!L"I 2: ,~: *---". (.,.) ..-,rn 21:;: -]-~ ~< 0 <:C> ;r::!'" -;-'--:g 3.:0 ~'l: ::J r , -c '-P. ;i:;;rn ~c: ::::l ?i 0 ;p. -< -.l ~~ .. , ~,,~- , .. \ .,t '~, i'j c~' , v' i"", , ""'Nil;- .~I~ _ m:,p~i.',(,~~!;\~lWN'ito$~F~>1;o;Wj~~_~~iQ!ll}_q~''!~~;~,1!_V7:''''''","_~,'~_~: JAMES F. MULFORD, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2384 CIVIL LISA D. MULFORD, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 10 -ru day of ~, 2003, the economic claims raised in the proceedin~ havin~ been resolved in accordance with a marital agreement dated December 3, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: vDiane G. Radcliff Attorney for Plaintiff ,,/samuel L. Andes Attorney for Defendant ,0) \rv\\ '-~~-~--,~-,~ '. ."'M_ I" .,._{_' . ~ ~ .,; , I~ ill ,II ~; ,,' !I 'i , i:~ ~: "i i" Iii il] I, '" Ii ~ : ~l I Ii ri ~- ~ . . - -= ,,-- -",- ~-_ ""'_0__ 'O'_"'~_V___ _._".,.~~ _~_>~ ._ -, ... , \iINV/I1A.SNN3d Ii' Nnr')'1 r;"u~, '''''''''In'"' ^ '.' '-:"', :f'::;";:::-:V'I" V '11 :11 lid 0 I ::130 EO A8Vl()j'\\.)H"~!,~,~,~~,;.: ~O :J'J'I-l...!t}-(~:;--ii --,' ::1,-. _~_''-' '.--,.'" ~6? 1!ll_~o==_,"~,=_,'-N'~~l_~j'I~~~~~_-mmr;W~f~~)WJ,I'i~~;<"-~~'-i~:-"''''lOW;l''')!''l\3'!'t''':;lt;1f-lil!iWI'iffiffif"~~~~~\I!i!:ljf$!ij~~f~~.! . '. '. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2384 CIVIL TERM JAMES F. MULFORD, Plaintiff LISA D. MULFORD, Defendant : CIVIL ACTION - LAW : DIVORCE MARITAL AGREEMENT BETWEEN JAMES F. MULFORD AND LISA D. MULFORD .' -- - "_~ ',C C" ...- .. . ' TABLE OF CONTENTS INTRODUCTION AND PREAMBLE ............................................................ 1 SECTION I GENERAL PROVISIONS ............................................................................... 2 1.01 Incorporation of Preamble ................................................... 2 1.02 Divorce Decree .................................................................... 2 1.03 Agreement to Be Incorporated into Divorce Decree ........... 2 1.04 Date of Agreement ............................................................... 2 1.05 Distribution Date ................................................................. 3 1.06 Advice OfCounselNoluntary Execution ............................ 3 1.07 Financial Disclosure ........................................................... 3 1.08 Disclosure and Wavier of Procedural Rights ...................... 3 1.09 Banknlptcy .......................................................................... 4 1.10 Personal Rights .................................................................... 4 1.11 Mutual Release .................................................................... 5 1.12 Income Tax Matters ............................................................. 6 1.13 Preservation of Records ....................................................... 6 1.14 Effect of Reconciliation .......................,................................ 6 1.15 Mutual Cooperation ............................................................. 6 1.16 Waiver or Modification to Be in Writing ............................ 7 1,17 Agreement Binding upon Heirs ........................................... 7 1,18 No Waiver of Default .......................................................... 7 1.19 Breach .................................................................................. 87 1.20 Manner of Giving Notice ..................................................... 8 ,;]i!i!L. , "'C"'.- " ,,,q.,_ .'''''~ _ '_',,_~_' "I'" '~:'-""!."-~' ~! "'- -y ". -1'>.' '- - .' " ,I '. ~ - , 1.21 Integration ............................................................................ 8 1.22 Social Security Benefits ....................................................... 8 1.23 Law of Pennsylvania Applicable ......................................... 8 1.24 Headings Not Part of Agreement ......................................... 8 SECTION II DISTRIBUTION OF PROPERTy................................................................... 9 2.01 Final Equitable Distribution of Property ............................. 9 2.02 After-Acquired Property ...................................................... 9 2.03 Waiver of Inheritance .......................................................... 9 2.04 As Is Condition .................................................................... 9 2.05 Personal Property................................................................. 9 2.06 Vehicles, Boats and the like ................................................ 10 2.07 Real Estate ........................................................................... 11 2.08 Retirement and Pension Plans ............................................. 11 2.09 Bank Accounts, Stock, Options and Life Insurance ............ 11 2.10 Monetary Payment ............................................................... 12 2.11 Property Tax Provisions ...................................................... 12 SECTION III DISTRIBUTION OF DEBTS............................................................................ 13 3.01 Wife's Debts ......................................................................... 13 3.02 Husband's Debts .................................................................. 13 3.03 Marital Debts ....................................................................... 13 3.04 Indemnification .................................................................. 15 11 "?I;1!;':;1'_'" ~~- -,''''''''' , '- <:t~..~,_ < ',- "k" , "' -^'-'j,,'-,,'i-r _.,>, ~",', f:' ~'" I . ,-, ~ . "~ ~, , SECTION IV COUNSEL FEES, ALIMONY, APL, SPOUSAL SUPPORT AND HEALTH INSURANCE............................................................................................................ 16 4.01 Waiver of Counsel Fees ....................................................... 16 4.02 Alimony, APL and Spousal Support ................................... 16 4.03 Health Insurance .................................................................. 16 SECTION V CLOSING PROVISIONS AND EXECUTION .............................................. 17 III "!!-, i - , ~'-, ~~--", - _ -, :..,~ "",, "<,, ",.,." -_ " T'I - ,. _ ". !, - -,_ '. _~, _ . t - -1 "" Co, '" . INTRODUCTION THIS AGREEMENT made thiSS~y of ~~<ta, by and between LISA D. MULFORD, (Wife") of 41 Keefer Way, Mechanicsburg, PA, and JAMES F. MULFORD, ("Husband") of 1077 Lancaster Blvd., Unit 6, Mechanicsburg, PA. WIT NESS E T H : WHEREAS, the parties hereto are husband and wife, having been married on May 25, 1986 in Hudson, Ohio, and separated on March 1, 2001. WHEREAS, There were two (2) Children born of this marriage: Kevin 1. Mulford, born April 9, 1991, and Michael L. Mulford, born April 1, 1994, (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto 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 matters between them relating to the ownership and equitable distribution of 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 estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: END OF INTRODUCTION - 1 - ""'J<" ., _"'J, ,""',..,',e:. ",'-"","'",->~_-,,,,,,"':1 ,-,'" ",l',"~'-- .~ ,-'- L" .~, _. ".. "v -1- --... .' SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in Husband's above captioned divorce action docketed to No. 01-2384 CIVIL TERM and filed on May 1, 2001. Upon the execution ofthis Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. Upon Husband's receipt of such filed documents, he shall file the remaining documents necessary to secure the entry of the Divorce Decree. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure orrefusal shall be considered a material breach ofthis Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which event the parties shall be restored to the same legal position each had been immediately prior to the execution of this Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divorce action the same as of this Agreement has never been executed by the parties. 1.03. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms ofthis Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, 1.04. DATE OF AGREEMENT The "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. - 2 - ~}'!lI" ~ " - 'T,',"~"'1 \, ,-- ., I, ~,,' -, '-' . "t'-,~" -,.. I,' "j' I , ~~ 1.05. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.06. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane g. Radcliff, Esquire, of 3448 Trindle Road, Camp Hill, P A 170 II, for Husband, and Samuel L. Andes, Esquire of 525 North Twelfth Street, P.O. Box 168, Lemoyne, P A 17043, for Wife. The parties acknowledge that they have received independent legal advice from counsel oftheir selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution ofthis Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.07. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy ofthe financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party, 1.08. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as ofthe date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. - 3 - """~"::"':-:-~--~","'" ,. ""-1':" " ,~. 'r, 1-""'" -'-1 Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: A. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. B. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. D. Determination of Marital and Non-Marital Property: The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital. E. Other Rights and Remedies: The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 1.09. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division ofthe parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.10. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each -4- \1j'!l-,~ '_' .",.". . _ "'- ".^f" "1,' _', - '~ ~~'''' I ,. - J 1"..-- -. - ^ -,," - - '1' " , ~~ may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 1.11. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following; A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) ofthe other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Dower. Curtesy. Widows Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or 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; C. Life Time Conveyances: 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 (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory ofthe United States, or (iii) any other country; D. Marital Ri~hts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. E. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general - 5 - release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.12. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. 1.13. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.14. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.15. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, and within at least twenty (20) days after demand therefor, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. -6- "'-,^ ""..,. "',",M;,_~i,'''''' -,' ,." r, "--;_""'",~p". .' "','~d,.- __.,-"___~_. ,"c,'" 1.-' I" , , ~, 1.16. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any ofthe terms hereof shall be valid unless in writing and signed by both parties. 1.17. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.18. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any ofthe provisions ofthis Agreement shall in no way affectthe right of such party hereafter to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or similar nature. 1.19. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the. benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: A. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. B. Damages: The right to damages arising out of breach ofthe terms ofthis Agreement, which damages shall include reimbursement of all reasonab Ie attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 P A. C.S.A. 3502( e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. D. Other Remedies: Any other remedies provided for in law or in equity. - 7 - 'll... E. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.20. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. 1.21. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.22. SOCIAL SECURITY BENEFITS The parties agree that, subject to the Rules and regulations ofthe Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage often (10) years or more in duration, if the parties' marriage is determined to be often (10) or more years in duration. 1.23. LAW OF PENNSYL VANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1.24. 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. END OF SECTION I - 8 - SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right ofthe other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since March 1, 2001, the date of the parties' marital 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. WAIVER OF INHERITANCE Each ofthe parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. AS IS CONDITION Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. 2.05. PERSONAL PROPERTY With respect to the tangible personal property of the parties including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the parties agree as follows: -9- ~,," ~J,"~" ",,, '_-'__'<"""':_~_'P_;"___' , T,; - -I'~- " ',1_" _0,_, ._~ "~-" ,-- I . A. Division: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. B. Waiver: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 2.06. VEHICLES. BOATS AND THE LIKE Each party does hereby waive release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that are in the sole name or possession of the other party and the party owing or posessing said vehicles shall indemnify, protect and save the other party harmless from any and all claims arising out of the possession or ownership of said Vehicles. 2.07. REAL ESTATE The parties were the owners of a certain tract of improved real estate known and numbered as 9 Norfolk Court, Mechanicsburg, P A which real estate was previously sold and the proceeds derived therefrom distributed between the parties based on their mutual agreement. The parties hereby reaffirm that prior distribution and agree to that distribution as a part of this Agreement. 2.08. RETIREMENT AND PENSION PLANS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 40 l-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 2.09. BANK ACCOUNTS. STOCK. OPTIONS AND LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, ("the Accounts & Investments"). Except as otherwise herein provided, all the Accounts & Investments held in the name of Husband shall become the sole and separate property - 10- of Husband; and all the Accounts & Investments held in the name of Wife shall become the sole and separate property of Wife. Each ofthe parties does specifically waive, release, renounce and forever abandon any right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. The forgoing notwithstanding, the following shall apply to the Knowledge Planet Stock Options: A. Identification and Division: The parties shall equally divide the net proceeds (after taxes and exercise costs) received from Husband's exercise, of any, of the marital stock options (being those stock options issued to or otherwise obtained by Husband between the date of marriage and the date of their final separation), for 2000 shares of Knowledge Planet stock. B. Notice: Husband will provide Wife with at least ten (10) days advance notice of his intention to exercise the marital stock options. C. Exercise: Husband shall exercise the marital stock options in a prudent manner if and when they will generate a reasonable profit. D. Payment: Husband shall pay Wife her fifty percent (50%) share of the net proceeds derived from the exercise of the marital stock options within five (5) business days of his receipt of payment. E. Documentation: Concurrent with said payment Husband shall provide Wife will complete documentation regarding the exercise of those options including, but not limited to, the gross and net amounts received, the taxes Husband will have to pay as the result of the exercise, and any other documentation to confirm the exercise ofthe options. F. Propertv Division Treatment: The funds received from the exercise of the marital stock options shall be considered to be a division of marital property and will not be included in the calculation of the parties' incomes for support purposes. 2.10. MONETARY PAYMENT In consideration ofthe division ofthe marital assets and debts herein provided, Husband shall pay wife the sum of $10,846.14. Said payment shall be made upon Husband's signing of this Agreement. This payment shall be considered to be a division of marital property and not alimony, and will not be included in the calculation of the parties' incomes for support purposes. - 11 - 2.11. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms ofthis Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. END OF SECTION II - 12 - ,-,. ~ -,' .'- ~--- SECTION III DISTRIBUTION OF DEBTS 3.01. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3.02. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution ofthis Agreement for which Wife or her estate might be responsible. Husband 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. 3.03. MARITAL DEBTS During the course ofthe marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: A. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment for the payment of any portion of the Marital Debts that a party may have made prior to the execution of this Marital Agreement, whether or not that debt is specifically referenced in this Paragraph. B. J oint Debts: The parties acknowledge and agree that all joint debts were previously paid, and there are no remaining joint obligations of the parties. C. Wife's Debts: Wife shall be solely responsible for the following bills and debts: 1. Wife's Vehicle Loan(s): Any vehicle loan of obligation for Wife's Vehicle(s) - 13- N:.",,~ 7-", ,- ';-',~_'-7__->"''!'>~:;_'''' ., ". ,,~c,~u ""1"-_:"',:' '_" - I;' ;- .~"'~" .-' '.:':"1- '.'. "" . ". as provided in this Agreement; 2. Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting from her withdrawal of funds from Wife's Retirement Plans as provided in this Agreement; 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. D. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Husband's Vehicle Loan(s): Any vehicle loan or obligation for Husband's Vehicle(s) as provided in this Agreement;. 2. Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting from his withdrawal of funds from Husband's Retirement Plans as provided in this Agreement; 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein, E. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility ofthe other party. F. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. G. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. H. No Further Joint Debt: From the date ofthis Agreement, each party shall only use - 14 - those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. I. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. 3.04. INDEMNIFICA nON Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. END OF SECTION III - 15 - :. '<.' ,~" ".. ~ "-~ SECTION IV COUNSEL FEES, ALIMONY, APL, SPOUSAL SUPPORT, AND HEALTH INSURANCE 4.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 4.02. ALIMONY, APL AND SPOUSAL SUPPORT The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The waiver of spousal support and alimony pendent lite shall be effective as ofthe date of the entry ofthe Divorce Decree. 4.03. HEALTH INSURANCE The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree, The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal Rules and regulations provided that he or she shall be solely be responsible for the payment of the costs therefor. B. Health Insurance Documentation: Any party having the insurance coverage on the other party pursuant to the terms of this Paragraph shall provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. END OF SECTION IV - 16 - -ry~'",,!,,-/-- -- -r_ ;"1,_,_ - >,--,<, ~_, '.' - '<'-"" ",' -~~-" ,~- ,'~-' -,R 0 _ ;l-,-~,"_.';';- ""'roo,,:, ,'c_ ~ ;-,," -, C '-I 'Co" '--I -~ _._' _ . "I' T' SECTION V CLOSING PROVISIONS AND EXECUTION 5.01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 5.02. FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 5.03. BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD TlIE ENTIRE AGREEMENT, AND EACHP ARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: ~~~~ \ ~S(:~ Date: 0p/tll J ''':^- L hlL~(~ (J~. MULF~'ib. ~C - Date: 12/sI0~ (SEAL) ~~~ (SEAL) END OF SECTION V - 17- .-','., '1,: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the 2lf1h day of No 1/19TI.861t. , 2003, before me the undersigned officer, personally appeared, JAMES F. MULFORD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~! Notarial Seal . Diane G Radcliff, Notary P'!.bllc . Camp Hill B0r0,5~lJmber~~;d i~O;;~~ 4 ' My Corn"',:<,:"" ' <..,,0" _1. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the m day oiPQ~ mbR,( ,2003, before me the undersigned officer, personally appeared, LISA D. M FORD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. O~~WuJJ OTARYPUBLIC NOT~R\Al sm ~l!Y M. HARKiNS, NOT~RY PU~~~NTY ~\M~ri~~~~~~N' ~~p~:gj~~O 31, 2005 ':.;", ,-,." 'co,' ~<_ ,,_ ~ '.0_."" ."',,, _ "~ "-". FI'"'1~ -"">: :'~-~: ,-,. "r, , - t "I -',-' v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2384 CIVIL TERM JAMES F. MULFORD, Plaintiff LISA D. MULFORD, Defendant : CIVIL ACTION - LAW : DIVORCE MARITAL AGREEMENT BETWEEN JAMES F. MULFORD AND LISA D. MULFORD i';~",,"'7'_^, . .': --F~',C;< _:'_v>','r-o.-'l'.- "" _, ',''''i _ ,"1'_> _ ]_. A .",-,., , 0, <...., 1,00" TABLE OF CONTENTS INTRODUCTION AND PREAMBLE ............................................................ 1 SECTION I GENERAL PROVISIONS ............................................................................... 2 1.01 Incorporation of Preamble ................................................... 2 1.02 Divorce Decree .................................................................... 2 1.03 Agreement to Be Incorporated into Divorce Decree ........... 2 1.04 Date of Agreement ............................................................... 2 1.05 Distribution Date ................................................................. 3 1.06 Advice Of Counsel /Voluntary Execution ............................ 3 1.07 Financial Disclosure ........................................................... 3 1.08 Disclosure and Wavier of Procedural Rights ...................... 3 1.09 Bankruptcy .......................................................................... 4 1.10 Personal Rights .................................................................... 4 1.11 Mutual Release .................................................................... 5 1.12 Income Tax Matters ............................................................. 6 1.13 Preservation of Records ....................................................... 6 1.14 Effect of Reconciliation ....................................................... 6 1.15 Mutual Cooperation ............................................................. 6 1.16 Waiver or Modification to Be in Writing ............................ 7 1.17 Agreement Binding upon Heirs ........................................... 7 1.18 No Waiver of Default .......................................................... 7 1.19 Breach .................................................................................. 87 1.20 Manner of Giving Notice ..................................................... 8 :'~~-,,'. ,." ., ~'- '-,,_cor ;,. - - . <- 'r, ""~"-.- ---, , ''''--"-I "'"--1' ;-~ ,- r-' -'; -f _, " 1-' 1.21 Integration ............................................................................ 8 1.22 Social Security Benefits ....................................................... 8 1.23 Law of Pennsylvania Applicable ......................................... 8 1.24 Headings Not Part of Agreement ......................................... 8 SECTION II DISTRIBUTION OF PROPERTy................................................................... 9 2.01 Final Equitable Distribution of Property ............................. 9 2.02 After-Acquired Property ...................................................... 9 2.03 Waiver of Inheritance .......................................................... 9 2.04 As Is Condition .................................................................... 9 2.05 Personal Property ................................................................. 9 2.06 Vehicles, Boats and the like ................................................ 10 2.07 Real Estate ........................................................................... 11 2.08 Retirement and Pension Plans ............................................. 11 2.09 Bank Accounts, Stock, Options and Life Insurance ............ 11 2.10 Monetary Payment ............................................................... 12 2.11 Property Tax Provisions ...................................................... 12 SECTION III DISTRIBUTION OF DEBTS............................................................................ 13 3.01 Wife's Debts ......................................................................... 13 3.02 Husband's Debts .................................................................. 13 3.03 Marital Debts ....................................................................... 13 3.04 Indemnification .................................................................. 15 11 ''1:";,",-- ~-','. - ''":~~-'''>'~i?o_,-__,;,'_r., -- ",. ,'--" ,." _1";<" ", r" -,--.l" 'Lo'-'_ -~- . , SECTION IV COUNSEL FEES, ALIMONY, APL, SPOUSAL SUPPORT AND HEALTH INSURANCE............................................................................................................ 16 4.01 Waiver of Counsel Fees ....................................................... 16 4.02 Alimony, APL and Spousal Support ................................... 16 4.03 Health Insurance .................................................................. 16 SECTION V CLOSING PROVISIONS AND EXECUTION .............................................. 17 111 ~,'f~, ,""'" _, , ,- 'I :j-:" - 1-' ~-I }'no "I I ~~ INTRODUCTION THIS AGREEMENT made thisSJay of ~~<ta, by and between LISA D. MULFORD, (Wife") of 41 Keefer Way, Mechanicsburg, PA, and JAMES F. MULFORD, ("Husband") of 1077 Lancaster Blvd., Unit 6, Mechanicsburg, PA. WIT NESS E T H : WHEREAS, the parties hereto are husband and wife, having been married on May 25, 1986 in Hudson, Ohio, and separated on March 1, 2001, WHEREAS, There were two (2) Children born ofthis marriage: Kevin J. Mulford, born April 9, 1991, and Michael L. Mulford, born April 1, 1994, (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto 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 matters between them relating to the ownership and equitable distribution of 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 estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: END OF INTRODUCTION - I - C"d-. - , ~, ""',~' "'" .'. ,-J -,/-. ""~",,.. '1"" . = "j SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in Husband's above captioned divorce action docketed to No. 01-2384 CIVIL TERM and filed on May 1,2001. Upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. Upon Husband's receipt of such filed documents, he shall file the remaining documents necessary to secure the entry of the Divorce Decree. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure orrefusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which event the parties shall be restored to the same legal position each had been immediately prior to the execution of this Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divorce action the same as of this Agreement has never been executed by the parties. 1.03. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATE OF AGREEMENT The "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. -2- -.:c'-,,,, ~.. <'-- ,,_ .,.,(, .' ":'" " I"i,~ ", "'1__,- -, ",."".. ,~ ,< '" -, r" _~ .- -,~ ~-'------~--~ 1.05. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.06. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane g. Radcliff, Esquire, of 3448 Trindle Road, Camp Hill, P A 170 II, for Husband, and Samuel L. Andes, Esquire of525 North Twelfth Street, P.O. Box 168, Lemoyne, P A 17043, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution ofthis Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.07. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution ofthis Agreement, and each party acknowledges that there has been a full and fair disclosure ofthe parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.08. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (I) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification offacts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. - 3 - ,<~"~~ Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: A. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. B. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. D. Determination of Marital and Non-Marital Property: The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital. E. Other Ri~hts and Remedies: The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 1.09. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.10. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each -4- ~" ~ p, "!""', ~ r .~, .r - " ":""'1"---.., -'.. - _j'_- "', "<C,' -' "" _ _ I-~ _ , I, e_ . may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 1.11. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Dower. Curtesy. Widows Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or 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; C. Life Time Convevances: 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 (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; D. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. E. Breach Exceution: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general - 5 - ..ft~ -~~,.. .~, ,,'"0'0" ,__',_"__C"'. ~- ,'.. ,. oJ-';!,"_"""_' ~I_I_" ,_, ~,--_ 'I ,---. release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.12. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either ofthem, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. 1.13. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.14. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.15. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, and within at least twenty (20) days after demand therefor, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. - 6 - ;:~~,~^-"" ,,~''"' -.' ~'-"" -"",~- -, ' - ":",'-,, ',,' ". "_' -~,- ,',-- . F-'I,"" ,.' Po" ! ' ",--,' , 1.16. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. 1.17. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.18. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or similar nature. 1.19. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the, benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party; A. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. B. Dama~es: The right to damages arising out of breach ofthe terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 P A. C.S.A. 3502( e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. D. Other Remedies: Any other remedies provided for in law or in equity. - 7 - E. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.20. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. 1.21. INTEGRATION This Agreement constitutes the entire understanding ofthe parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.22. SOCIAL SECURITY BENEFITS The parties agree that, subject to the Rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage often (10) years or more in duration, if the parties' marriage is determined to be often (10) or more years in duration. 1.23. LAW OF PE~NSYL VANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1.24. 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. END OF SECTION I - 8 - _'<-~~~'O_ SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right ofthe other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since March I, 200 I, the date of the parties' marital 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property ofthe other party pursuant to the terms of this Paragraph. 2.03. WAIVER OF INHERITANCE Each ofthe parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. AS IS CONDITION Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. 2.05. PERSONAL PROPERTY With respect to the tangible personal property of the parties including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the parties agree as follows: -9- Y-,""~" -. -"-~"'~-',7"i';"'"--,-~"-'--" -,";~. .c'__. ,-" I. v,,,_ -, -.-, ,.-. A. Division: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all ofthe Personal Property in the possession of Wife shall be the sole and separate property of Wife. B. Waiver: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 2.06. VEHICLES. BOATS AND THE LIKE Each party does hereby waive release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that are in the sole name or possession ofthe other party and the party owing or posessing said vehicles shall indemnify, protect and save the other party harmless from any and all claims arising out of the possession or ownership of said Vehicles. 2.07. REAL ESTATE The parties were the owners of a certain tract of improved real estate known and numbered as 9 Norfolk Court, Mechanicsburg, P A which real estate was previously sold and the proceeds derived therefrom distributed between the parties based on their mutual agreement. The parties hereby reaffirm that prior distribution and agree to that distribution as a part of this Agreement. 2.08. RETIREMENT AND PENSION PLANS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 40 I-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 2.09. BANK ACCOUNTS. STOCK. OPTIONS AND LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, ("the Accounts & Investments"). Except as otherwise herein provided, all the Accounts & Investments held in the name of Husband shall become the sole and separate property - 10- '1,,,,.._ ~or.'_' '''~'"_ ._~_,." . _._",,_, . . m. ,c, ,1'.1'J " '.J"'" ", t. ~, , I of Husband' and all the Accounts & Investments held in the name of Wife shall become the sole and , separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon any right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. The forgoing notwithstanding, the following shall apply to the Knowledge Planet Stock Options: A. Identification and Division: The parties shall equally divide the net proceeds (after taxes and exercise costs) received from Husband's exercise, of any, of the marital stock options (being those stock options issued to or otherwise obtained by Husband between the date of marriage and the date of their final separation), for 2000 shares of Knowledge Planet stock. B. Notice: Husband will provide Wife with at least ten (10) days advance notice of his intention to exercise the marital stock options. C. Exercise: Husband shall exercise the marital stock options in a prudent manner if and when they will generate a reasonable profit. D. Payment: Husband shall pay Wife her fifty percent (50%) share ofthe net proceeds derived from the exercise ofthe marital stock options within five (5) business days of his receipt of payment. E. Docnmentation: Concurrent with said payment Husband shall provide Wife will complete documentation regarding the exercise of those options including, but not limited to, the gross and net amounts received, the taxes Husband will have to pay as the result ofthe exercise, and any other documentation to confirm the exercise ofthe options. F. Property Division Treatment: The funds received from the exercise ofthe marital stock options shall be considered to be a division of marital property and will not be included in the calculation of the parties' incomes for support purposes. 2.10. MONETARY PAYMENT In consideration of the division of the marital assets and debts herein provided, Husband shall pay wife the sum of $10,846.14. Said payment shall be made upon Husband's signing of this Agreement. This payment shall be considered to be a division of marital property and not alimony, and will hot be included in the calculation of the parties' incomes for support purposes. - 11 - 2.11. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. END OF SECTION II - 12 - ~~",.- ". "1 -"- -1' , 1-'1 -.1."- - .~- - , <-- SECTION III DISTRIBUTION OF DEBTS 3.01. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3.02. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband 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. 3.03. MARITAL DEBTS During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: A. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment for the payment of any portion ofthe Marital Debts that a party may have made prior to the execution of this Marital Agreement, whether or not that debt is specifically referenced in this Paragraph. B. Joint Debts: The parties acknowledge and agree that all joint debts were previously paid, and there are no remaining joint obligations of the parties. C. Wife's Debts: Wife shall be solely responsible for the following bills and debts: 1. Wife's Vehicle Loan(s): Any vehicle loan of obligation for Wife's Vehicle(s) - 13 - "~~,~,_ , f[~,",tL 1'- 1.1' - -,- as provided in this Agreement; 2. Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting from her withdrawal offunds from Wife's Retirement Plans as provided in this Agreement; 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts and the like incurred in Wife's sole name, and not otherwise , provided for herein. D. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Husband's Vehicle Loan(s): Any vehicle loan or obligation for Husband's Vehicle(s) as provided in this Agreement;. 2. Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting from his withdrawal offunds from Husband's Retirement Plans as provided in this Agreement; 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. E. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. F. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and ifsaid charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. G. Non-Disclosed Liabilitv: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. H. No Further Joint Debt: From the date ofthis Agreement, each party shall only use - 14- ,~.. those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. I. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. 3.04. INDEMNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions ofthis indemnification. END OF SECTION III - 15 - ~~;,", ' ~ ,,~." SECTION IV COUNSEL FEES, ALIMONY, APL, SPOUSAL SUPPORT, AND HEALTH INSURANCE 4.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 4.02. ALIMONY, APL AND SPOUSAL SUPPORT The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The waiver of spousal support and alimony pendent lite shall be effective as of the date of the entry of the Divorce Decree. 4.03. HEALTH INSURANCE The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree, The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal Rules and regulations provided that he or she shall be solely be responsible for the payment of the costs therefor. B. Health Insurance Documentation: Any party having the insurance coverage on the other party pursuant to the terms of this Paragraph shall provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. END OF SECTION IV - 16 - (1i_:."r, ,,,,- , ., I - - ""'-"""-1," - -- ,\ , ,~- . -[ l' " " ,,-,1 SECTION V CLOSING PROVISIONS AND EXECUTION 5.01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 5.02. FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 5.03. BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACHP ARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: \:3=~~ \ JL /41~ M'MES F. M FORD Date: rr;-Q'l 6k:.. ~. 'vJLIL A D. MULF~;h- ~U - Date: 12/slo~ (SEAL) ~~ (SEAL) END OF SECTION V - 17 - ;;_1'L , ,~ - 11-':.""'-r- ,". 1 I. "1 -- ;>-',-1 . - . COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the 2lf1h day of !/OI/Q1/.8etl. ,2003, before me the undersigned officer, personally appeared, JAMES F. MULFORD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~! Notarial Seal . Diane G. Radcliff, Notary Public Camp Hill Bore, cumberland County My ComMi~,~"" ,... .,,-",,-~ hn i1 2004 COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND On this the JfE. day of , 2003, before me the undersigned officer, personally appeared, LISA D. FORD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. O~Jtn~ OTARY PUBLIC N01ARIAL SEAL Al!V M. HARKINS, N01ARY P~~~SN1Y ~Wci~~~~~~N'tx~~:g~~ 31,2005 " , i :,S1~~!'~ ~.~,~ """""_"_',_ "M ,0.., ~ . ~-r"o/ - - .,,( 'j"' ,~ 'I' .,' " ~~1 ~; " ," ,", "... ~ .-.~. >. ,-,~ ~, , ""'''.L." ->'~>_." "'~.1 ,"'k,w ;,,""",-",;.',"' ^'-"...,~ " '^,. ..."'"M~i~""",",' ~.,^-- ~-~~ '"~rur(rl~-'It?"~'" () ~ cp-oi:f.i ('" ,. ~::;j oCr'- en>, ~f-':\ );, ;.' 2'\ ~C), "'C 2 ::l ~~ <...> . o (.0 (;:) ,., ("') o -., ,~ -r'-' f?l ill -;,-;/'1l ;:~?6 r:~ ,::-) -H -'0- C'5 c.5f'n ,;;;:', .'3:1 -<: o J'':b -. -"- ~:c -~ 1lIiJ. !!,~ _...~'~J@~~"~_9.~~-~':""-,.;F,f,i;'~~!'<'~~imoo!Wm~I\$1Wj'il't~1f.l!!f,-i!'~lj!!'1'ft!i!l!'lW~ffl'!!~~._I1]'(!_ " JAMES F. MULFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2384 CIVIL TERM Defendant CIVIL ACTION - LAW DIVORCE LISA D. MULFORD, PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE a. b. c. OF FILING AND MANNER OF SERVICE Date of filinG of Complaint: Manner of service of Complaint: Date of Service of Complaint: OF THE COMPLAINT: 4/24/01 Certified Mail, Restricted Delivery 5/1/01 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 5/1/03 b. Defendant: 12/3/03 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. Date of FilinG: N/A c. Date of Service: N/A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated December 3, 2003, filed of record in this case, which Agreement is to be incorporated into but not merged with the Divorce Decree 5 . DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COpy OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D) (1) (I) OF THE DIVORCE CODE: a. Date of Service: N/A b. Manner of Service: N/A DATE WAIVER OF PROTHONOTARY: a. Plaintiff's b. Defendant's NOTICE OR IN SECTION 3301 (C) DIVORCE WAS FILED WITH THE Waiver: Waiver: 12/10/03 12/10/03 I CLIFF, ESQUIRE e Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737- 0100 ,"-", ,~,,.. -', ',-, , , - -, _~_" .1; - "'""'"I', =I'j --, .~'" l j: ;1 111 Iii ,I I',! ;, :1 I'J IH I'," " " ~~, , --,.,- '. I' ~_ " - ,"- ,--~; '" __C~ ,,~,.-__,_"__ ",o-c '_~".7J'._"""_ ~_ ~. ~.' -,w' -~._" I'~~ - D ~.. ~f~-' f"17_Yc.:' :S: !J: ifi) {2i5" ::?-'-('\ ~(-; ~': <: ~' 0.) '. '\, .r.- ,:') "1 , ~) -... c: , ' ',J .' ~-, '~:f- ~} ~ l.{1n!ilfJ"" ~ _~1l'-l_l?~S'l"Jm,r'!l!'~~~~~l'il.i"J>''I'~~~!II(t!l'I&!-;.~:''''f'--M1i~~M!i_,,,~_ ~:'II.M~I~~~"'"'r"'~'~;';~~) . -\,) -,--);j;f ::;- r\;t ;;~ ~.:..'>. ~t> "