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HomeMy WebLinkAbout03-2172DEBORAH L. EBERLY Plaintiff V. LEE F. EBERLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 03 - a 17? CIVIL ACTION - LAW IN DIVORCE NOTICE (S'V t- You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 -ZI?41'44 Susan M. Kadel, Esquire Attorney for Plaintiff t. + I ` I a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE: DEBORAH L. EBERLY, Plaintiff No. 03-2172 V. LEE F. EBERLY, Defendant POSTNUPTIAL AGREEMENT AGREEMENT made this mo'd'-day of 2007, by and between DEBORAH L. EBERLY, hereinafter called "Wife," A N D LEE F. EBERLY, hereinafter called "Husband." WHEREAS, the parties were married on June 20, 1970; and WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and 00095729.1 1, WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the final settlement of their property rights and other rights and obligations growing out of their marriage relationship. IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each parry at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. DIVISION OF PERSONAL PROPERTY - The parties have heretofore divided their personal property to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. Wife acknowledges and agrees that Husband shall be retaining the marital antiques which are located at the former marital home in Mechanicsburg, Pennsylvania 00095729.1 -2- L 5. REAL PROPERTY - Husband and Wife hold title as tenants by the entireties to the marital residence identified as 505 South Market Street, Mechanicsburg, Pennsylvania. Husband's counsel shall prepare a Deed for execution by Wife conveying to Husband all of her rights, title, claims and interest to the premises subject to any mortgage or any other lien on said premises. The parties agree that the executed Deed shall not be delivered to Husband's counsel until the first lump sum payment in the amount of $500,000.00 is made in full to Wife as set forth herein in paragraph 8. Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorney's fees incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises. 6. SUPPORT AND ALIMONY - The parties agree that the current alimony pendente lite order entered in the Court of Common Pleas of Cumberland County Domestic Relations Section, docketed to No. 03-2172, in the amount of $5,200.00 shall remain in full force and effect until Wife receives the lump sum payment set forth herein in paragraph 8(a), at which time it shall be terminated. The parties agree that Husband shall not be responsible for any of Wife's medical expenses not covered by insurance after the date of termination of alimony pendente lite. Further, Husband shall have no responsibility for any treatment rendered to Wife for alcohol rehabilitation services, 00095729.1 -3- 1 whether in-patient or out-patient, either before or after the date of termination of alimony pendente lite. Husband shall pay to Wife for her support and maintenance, alimony in the sum of Two Thousand Five Hundred Dollars ($2,500.00) per month, said payments to commence on the first of the month next following the payment of the $500,000.00 lump sum as set forth herein in paragraph 8(a). Said payments shall terminate in the event of Wife's remarriage or cohabitation with an unrelated adult male or unrelated adult female. Said payments shall also terminate immediately upon the death of Husband or Wife. In no event shall this Agreement constitute a charge against Husband's Estate except as to the extent of any amounts due but unpaid at the date of Husband's death. The parties agree that the Alimony Order shall be entered and enforced by Cumberland County Domestic Relations. It is the intention of the parties that the alimony payments set forth herein shall be subject to modification only in the event that Husband's annual net, earned income falls below $110,000.00. "Net" income shall be determined by subtracting only the following items from gross income: (1) federal, state and local income taxes on the earned income and (2) FICA payments. Earned income for purposes of this Agreement shall be defined as income derived from Husband's active participation in his business, including wages, salary, commissions, and bonuses. 00095729.1 -4- , •1 If Husband seeks a modification of his alimony obligation, the burden shall be upon him to show that any monies paid to him by the business are not, in fact, earned income as defined above. Furthermore, in determining whether a modification is warranted, any monies received by Husband from Eberly Lumber or other Eberly entities, if found to be a substitution for Husband's earned income, shall be included in the calculation of Husband's income for purposes of determining an alimony award. However, any monies which Husband receives from Eberly Lumber or other Eberly entities, which Husband can show are not a substitution for earned income, shall not be included in the calculation of Husband's income for purposes of calculating alimony. Furthermore, items such as rental income, dividend and interest income and the like shall not be considered earned income of Husband to the extent that Husband had previously received such items prior to execution of the Postnuptial Agreement. The parties agree that if Husband or Wife shall petition for a modification or termination of his alimony obligation hereunder, such case shall automatically be deemed complex and all rights to discovery shall be available to both parties. Should Husband prove that his annual net earned income (as previously defined in this paragraph) has fallen below One Hundred Ten Thousand Dollars ($110,000.00), his monthly alimony obligation shall be calculated as Twenty-two percent (22%) of his then current monthly net earned income. If Husband's annual net earned income should increase, subsequent to his receiving a decrease in his alimony obligation, Wife shall be 00095729.1 _ 5 _ % . , ' 4 entitled to file for a modification seeking an increase in the amount of monthly alimony payments. Should Wife prove that Husband's annual net earned income has increased from the amount used to determine his decreased alimony obligation, Husband's monthly alimony obligation shall continue to be calculated as Twenty-two percent (22%) of his then current monthly net earned income; however, in no event shall Husband's monthly alimony obligation exceed Two Thousand Five Hundred Dollars ($2,500.00) per month. Should Husband ever seek, and be awarded, a decrease in his monthly alimony obligation, Husband agrees to voluntarily provide any and all financial, employment and/or income information to Wife's counsel within thirty (30) days of any reasonable request to do so. Further, the parties agree that Husband shall pay an additional One Thousand Dollars ($1,000.00) per month in non-modifiable alimony to Wife for a period of one (1) year. The payment of said additional monthly alimony shall commence simultaneously with the payment of the aforementioned Two Thousand Five Hundred Dollar ($2,500.00) monthly alimony. Said additional monthly alimony payments shall be entirely non-modifiable and shall not be affected in any way by either party's attempt to seek a modification of the aforementioned Two Thousand Five Hundred Dollar ($2,500.00) monthly alimony payment. For purposes of clarification, this portion of the alimony shall, in essence, be a non factor in any future modification proceeding. Said additional monthly alimony payments shall terminate only in the event of the death of Husband or Wife. 00095729.1 _6_ r t As security for the aforesaid alimony payments, Husband agrees to maintain life insurance, insuring his life, in the amount of $100,000.00 and to designate Wife as the beneficiary. The obligation to maintain said insurance shall terminate in the event that Husband ceases to have any "earned income" as defined herein. In addition, Husband shall provide to Wife, upon execution of this Agreement, proof of his compliance with the provisions of this paragraph. Thereafter, he shall provide such proof to Wife on each one (1) year anniversary of execution of this Agreement. If Husband has failed to maintain adequate life insurance as provided in this Agreement, Wife shall have the right to collect any deficit which results from his estate. 7. FARMLAND - The parties acknowledge that Husband is a fifty percent (50%) owner of farmland located at 1714 Fisher Road, Mechanicsburg, Upper Allen Township, Pennsylvania. The parties further acknowledge that as the property was acquired by Husband in 1991 through a gift, only the increase in value of the property during the marriage is marital property. The parties agree that this property shall remain the sole and separate property of Husband, free and clear of any claim by Wife to the same, including the increase in value of said property during the marriage. Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorney's fees incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, 00095729.1 _ ?_ r IL but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises. 8. LUMP SUM PAYMENT - In addition to the equitable distribution set forth in the provisions of this Agreement, and in consideration of the mutual waivers herein, Husband agrees to pay to Wife, in the form of equitable distribution, the sum of One Million One Hundred Forty-five Thousand Five Hundred Sixty-four Dollars ? pUs?' ??!L ?,QL ($1,145,564.00) payable as follows: V (a) Five Hundredbollars ($500,000.00) payable within thirty (30) days of the execution of this Agreement. (b) Six Hundred Forty-five Thousand Five Hundred Sixty-four Dollars ($645,564.00) within one (1) year of the date of the payment identified above in paragraph 8(a). However, in the event that settlement for the sale of the Stone Harbor shore property identified in paragraph 9 of this Agreement takes place prior to one (1) year from the date of execution of this Agreement then the second lump sum shall be payable at the time of settlement from Husband's net portion of the sale proceeds of the Stone Harbor shore property as set forth herein in paragraph 9. In the event that Husband's net portion of the sale proceeds from the shore property is insufficient to meet this obligation in total, he shall pay to Wife the remaining sum outstanding within one (1) year of the date of the payment identified above in paragraph 8(a). 00095729.1 _ 8 _ r 9. SHORE PROPERTY - A. The marital assets of the parties include a shore home located at 11019 Sunset Drive, Stone Harbor, New Jersey (the "Shore Property") which is currently deeded in Husband's name. The parties agree that simultaneously with execution of this Agreement, they shall execute a Deed transferring the Shore Property to Husband and Wife jointly which shall promptly be recorded by Wife's counsel. Husband and Wife agree to equally share in the cost of preparation and recording of the Deed which total cost is $885.00, which has already been paid by the parties. The parties currently have the Shore Property listed for sale with Diller and Fisher Realtors at a listing price of $1,899,000.00. The parties agree to divide the net proceeds (after deduction of all commissions, expenses, and fees associated with this sale) as follows: Fifty-five Percent (55%) to Wife; Forty-five Percent (45%) to Husband. Upon the sale of the Shore Property, the total Federal capital gains taxes and New Jersey State tax shall be determined. Each party shall report on their individual tax returns, and be responsible for, the tax on their respective percentages as set forth above. Husband and Wife agree to cooperate with each other to provide any and all documentation necessary to calculate the basis of the Shore Property for calculation of the tax. The parties agree that pending sale of the Shore Property, Husband shall have exclusive possession and use of the home. Husband agrees that possession shall be for 00095729.1 -9- r his personal use only and he shall not rent the Shore Property. Further, Husband agrees to be responsible for any and all expenses related to the Shore Property including taxes, utilities and other expenses. In the event that the Shore Property needs improvements pending sale, the parties hereby stipulate that, upon their agreement that an improvement is necessary, Husband shall advance the cost for the improvement and he shall be reimbursed from the net proceeds of the sale prior to distribution to either of the parties. The parties agree that acceptance of a reasonable and bona fide offer to purchase the Shore Property shall not be unreasonably withheld by either party. The parties agree that in the event that either parry believes that acceptance is being unreasonably withheld by the other parry, the issue will immediately be submitted to the Court of Common Pleas of Cumberland County for resolution by Petition for Emergency Relief. The parties agree that they will continue to list the Shore Property for sale with Diller and Fisher Realtors unless otherwise agreed upon by Husband and Wife. The parties agree that the Shore Property will be listed at a price suggested by the listing real estate office. B. RIGHT OF FIRST REFUSAL - Husband shall have a limited right of first refusal (the "Refusal Right") to purchase Wife's one-half ('/2) interest in the Shore Property ("Wife's Interest"). The Refusal Right shall be governed by and subject to the terms and conditions provided in this Section 9B. Although the parties will jointly own 00095729.1 -10- r the Shore Property under the deed provided for in Section 9A of this Agreement, Wife's Interest shall, for purposes of the Refusal Right, be monetarily equivalent to fifty-five percent (55%) of the Offer Price (as hereinafter defined). As provided in Section 9A of this Agreement, the parties have listed the Shore Property for sale with Diller & Fisher Realtors (the "Broker") and have agreed to continue said listing at the listed price suggested, from time to time, by the Broker (the "Listed Price"). The Refusal Right shall be effective and enforceable by Husband only so long as the Shore Property is listed for sale with Broker or with another broker pursuant to agreement of the parties under Section 9A of this Agreement. Currently, the Listed Price is $1,899,000.00. The Refusal Right shall only be available to Husband if the Broker obtains and delivers to the parties a bona fide third party offer to purchase the Shore Property in the form of an agreement for sale signed by the prospective purchaser satisfying the following requirements (the "Offer"): (i) a cash purchase price which either equals or exceeds the Listed Price (the "Offer Price"); (ii) a complete absence of conditions precedent to the buyer's performance, including, without limitation, any condition for financing; (iii) final closing and payment of the Offer Price in full within no more than ninety (90) days following signature of the agreement of sale; and (iv) other terms not inconsistent with those customary for similar transactions in Cape May County, New Jersey. If Husband or Wife receives any written offer to purchase the Shore Property from Broker, whether or not such offer to purchase constitutes an Offer, the party receiving such offer to purchase will 00095729.1 -11- 1 u • promptly notify the other party in writing of its receipt and transmit a copy of such offer to purchase to the other party. If Wife receives an offer to purchase at a price less than the Listed Price which otherwise satisfies the within criteria for an Offer, and Wife decides to accept such offer to purchase, Wife shall promptly provide written notice to Husband of same and such offer to purchase shall become, for purposes of this Agreement, an Offer and the price provided therein shall become the Offer Price. Husband may exercise the Refusal Right only by written notice of exercise delivered to Wife within two (2) days following Husband's receipt of notice of the Offer. Husband's notice to Wife of exercise of the Refusal Right must be accompanied by: (i) a written agreement to purchase Wife's Interest executed by Husband containing the same terms and conditions, except for the Purchase Price, provided in the Offer; and (ii) a check payable to Wife in the amount of fifty-five percent (55%) of the earnest money deposit provided in the Offer. The purchase price under the Refusal Right and in the agreement to purchase executed by Husband shall be equal to fifty-five percent (55%) of the Offer Price. If Husband exercises the Refusal Right, the transfer of Wife's Interest shall be subject to all of the costs and expenses (including any lien resulting from same) assumed by Husband under Section 9A of this Agreement, and no such costs and expenses shall be prorated or adjusted between the parties, notwithstanding local customs and practices or provisions of the Offer to the contrary. If Husband does not exercise the Refusal Right in the manner and within the time provided herein, Husband shall promptly execute and 00095729.1 -12- accept the Offer and proceed with sale of the Shore Property pursuant to the terms and conditions of the Offer. The Refusal Right is personal to Husband, may not be assigned by Husband and may not be enforced by Husband's heirs, estate or personal representatives. Any agreement for sale executed by Husband and Wife pursuant to the Refusal Right shall be nonassignable by Husband. If Husband does not exercise the Refusal Right in the manner and within the time provided in this Section 913, the Refusal Right shall be absolutely and unconditionally terminated without further notice or action by either party, and the parties shall accept the Offer and proceed to close the sale of the Shore Property pursuant to the Offer. If Husband does not exercise the Refusal Right and the sale of the Shore Property pursuant to the Offer is not consummated for any reason other than default by Husband under this Agreement or under the agreement for sale between the parties hereto and the buyer, the Refusal Right shall be reinstated, and the Shore Property, Wife's Interest in the Shore Property and any sale of the Shore Property by the parties shall remain subject to the Refusal Right. Any notice or communication required or permitted to be given by either party under this Section 9 may be given by legal counsel for the party giving such notice or making such communication. Any notice may be given by personal delivery, United States mail, courier delivery service, facsimile or e-mail, and shall be effective upon actual receipt, regardless of the method of transmission. 00095729.1 -13- a 10. INVESTMENT ACCOUNTS - Wife has acquired during the marriage investment assets which are held in Merrill Lynch Account #794-1 1 620 in Wife's name alone. Husband hereby waives any claim to said assets as part of Wife's equitable distribution of marital property. Husband has acquired during the marriage investment assets which are held in Merrill Lynch Account #872-39187 in Husband's name alone. The parties acknowledge that the investments are non-marital as they were acquired by Husband through gift. Wife hereby waives any claims to said assets and Husband shall retain them free and clear of any claim by Wife to the same. 11. LIFE INSURANCE - Husband is the owner of a whole life insurance policy with Northwestern Mutual, Policy #12-428-880. The parties agree that this policy shall remain his sole and separate property and Wife waives any and all interest thereto. 12. BUSINESS INTERESTS - Husband has a forty (40%) percent ownership interest in Eberly Lumber Company, Inc. and a forty-nine (49%) percent ownership interest in Eberly Associates, a real estate partnership. Wife hereby waives any right, title and/or interest that she may have in the aforementioned business entities and, from the date of execution of this Agreement, Husband shall retain all right, title and/or interest in and to the aforesaid business entities as his sole and exclusive property. 00095729.1 -14- Wife hereby acknowledges that Husband has disclosed and provided to her, for use by her counsel and expert, all necessary documents in order to properly value the aforesaid business entities, and that said valuations were made a part hereof and constituted a basis for the terms, conditions and agreements provided for herein. Wife hereby acknowledges that she will sign any necessary documents in order to effectuate transfer of any legal interest she may have in the aforesaid business entities, including, but not limited to, stock certificates, shareholders agreements, powers of attorney and/or tax returns. 13. VEHICLES - Husband and Wife agree that hereafter Wife shall be and remain the sole owner of the 2004 Subaru Legacy automobile currently titled in her name. Husband and Wife agree that Husband shall hereafter be and remain the sole owner of the Toyota Supra currently titled in his name. Each agrees to assume and pay any indebtedness relating hereto and to indemnify and hold the other harmless from the payment thereof. The model years of the aforesaid vehicles may not be exact and are used for general identification of the vehicles only. 14. BOAT - Husband is the sole owner of a 289 Walkaround Powerboat that he purchased in June 2002, with non-marital funds. The parties agree that hereafter Husband shall be and remain the sole owner of said boat free and clear from any claim by Wife. 00095729.1 -1 5- 1 1 1 15. COUNSEL FEES - A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 16. WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive forever any right, title or interest each party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account for retirement or deferred income). Specifically, Husband has a profit sharing plan with Eberly Lumber Company and a Merrill Lynch IRA; Account #872-79791. Wife also has a Merrill Lynch Roth IRA; Account #794-11619. Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under Section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property. 17. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be 00095729.1 -16- • l ? ? t e responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 18. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 19. WAIVER AND RELEASE OF ESTATE RIGHTS - Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The parties each waive, release and disclaim any and all right to receive the benefits of any property passing outside of the other's Will (including, without limitation, life insurance proceeds, 00095729.1 -17- and retirement, pension and profit sharing plan benefits), except as otherwise set forth in this Agreement. The parties further waive, release and disclaim any and all right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will or to act as personal representative of the estate of the other, unless such a legacy, bequest or residuary portion has been specifically made to the other and a specific acknowledgement as to the existence of this Agreement is made therein. 20. SUBSEQUENT DIVORCE - The parties hereby acknowledge that Wife has filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 03-2172, claiming that the marriage is irretrievably broken under the. no fault, mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code as soon as practicable. The parties hereby waive all rights to request court-ordered counseling under the divorce code. Neither party to such action shall seek alimony, alimony pendente lite, or spousal support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating the equitable distribution of property of the parties are accepted by each party as a final 00095729.1 -18- settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 21. EQUITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 22. FINANCIAL DISCLOSURE - This Agreement is made upon the assurance that each party has made a full, complete and total disclosure to the other of his or her income and the nature, extent and value of all of the spouses' respective assets and obligations, for the purpose of inducing the other party to enter into this Agreement, and therefore, to the extent that a party has failed to make such full and complete disclosure, then the releases and waivers contained in this Agreement shall be null and void as to any income, property or asset of the other which he or she has not disclosed; and any such property is unaffected by this Postnuptial Agreement. In the event that by reason of such nondisclosure by one party, the other party incurs additional counsel fees or incurs or expends suit money or costs in order to protect or assert his or her rights or claims, the nondisclosing party shall be obligated to and shall forthwith pay to the other party all such reasonable attorney's fees, court costs, and suit money, and further, that party shall hold harmless and indemnify the other from all financial detriment thereby incurred by that party. 00095729.1 -19- 23. TAX ADVICE - The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice with respect to this Agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement and that they have had the opportunity to do so. 24. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release, and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties have, or ever had against the other. 25. BREACH - If either party breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies for relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in a Court of Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the ground of lack of 00095729.1 -20- jurisdiction of said court or on the ground of an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by their agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of courts in equity over Agreements such as this one. The parties hereto agree that the provisions of this Agreement, including support, visitation or otherwise, may be entered and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, in the instance in question, when any problem arises. 26. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS - All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually and all property acquired by Husband or Wife individually at any time after the execution of this Agreement shall remain the separate property of Husband or Wife and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code, and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a full and final property settlement and each agrees that he or she has no further claims against the other for equitable distribution of the property, 00095729.1 -21- ?J Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by counsel, Susan M. Kadel, Esquire, and that Husband, has been independently represented by counsel, Maria P. Cognetti, Esquire. Each party hereby confirms that he or she fully understands the terms, conditions and provisions hereof and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, having either obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 30. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 31. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 00095729.1 -23- 32. SITUS - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 33. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 34. BINDING EFFECT - Except as otherwise stated within, all the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. 35. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 36. INCORPORATION - It is the intent of the parties that this Agreement be incorporated but not merged into any final decree of divorce which might be entered in the future. 00095729.1 -24- ... i4r iA,. IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this instrument the day and year first above written. WITNESSES: Susan . a el, Esquire 4Maria squ ire d1 W. &a, (SEAL) Deborah L. Eberly (SEAL) L e F. Eberly 00095729.1 -25- ?t• " r STATE OF NEW JERSEY n COUNTY OF :ss. On this day of 0 V , 2007, before me, a Notary Public, the undersigned officer, personally appeared Deborah L. Eberly, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes ther ' ed. IN WITNESS WHEREOF, I hereunto set my hand a d o al seal. MP" &A FORM EAL) ft" of MW ,Amoy Notary blic SC11 t1MNOF1'ff>mNN Jun It. 2011 My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF '?) ?q ??''? ss. On this a day of , 2007, before me, a Notary Public, the undersigned officer, personally appeared Lee F. Eberly, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?2' V,/-, (SEAL) Notary Public M Commission Expires: NOTARIALSERL Y pfBRA A. FIKE, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN CO. MY COMMISSION EXPIRES OCT. 24, 2009 00095729. 1 -26- z 1r?11tiIM?dMwdlMwdh ? GW ,? Ty + ? rn i fii . .. I - C.+?{ _o C) t) -a C5L rt ` rn DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 7, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. el- Date:?? 6 -74?? 0? D4 L Pe F. Eberly, Defendaiff Zf N ° c -ru ixf z rr; z?• M R m ' I D ¦ V r, MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2003-2172 Civil Term LEE F. EBERLY, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Plaintiff, Lee F. Eberly, via certified mail, restricted delivery, number 7002 2410 0006 5863 4415 on May 13, 2003. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Deborah L. Eberly, Plaintiff, on November 28, 2007; by Lee F. Eberly, Defendant, on February 18, 2008. 4. Related claims pending: Settled by Postnuptial Agreement dated December 21, 2007. 1 .w 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice was filed on December 26, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice will be filed simultaneously herewith. Date: -?211 9/0 T- By: MARIA P. COGNETTI & ASSOCIATES MARIA W COGS E)I`TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ? m Z c -n s= ??-rr rn "C' N .? 331 tv DEBORAH L. EBERLY Plaintiff V. LEE F. EBERLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA : NO. CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary DEBORAH L. EBERLY Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. ?.? a17,;? l.lUcC? LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Deborah L. Eberly, social security no. 177-42-0672, who currently resides at 11 West Atlantic Avenue, Apartment B, Cape May Courthouse, Cape May County, New Jersey 08210. 2. Defendant is Lee F. Eberly, who currently resides at 505 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 20, 1970, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. This action is not collusive. COUNT I CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL, PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 12. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 13. Plaintiff is presently unemployed. 14. Plaintiff is unable to support herself through appropriate employment. 15. Plaintiff lacks sufficient property and income to provide for her reasonable needs. COUNT IV UNDER SECTION 3702 OF THE DIVORCE CODE 16. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 17. Defendant has the financial ability to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; C. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite, Plaintiffs counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. Date 6, JAMES, SMITH, DIETTERICK & CONNELLY By: Susan M. Kadel, Esquire Attorney for Plaintiff, Deborah L. Eberly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 VERIFICATION I, Deborah L. Eberly, verify that the statements made in the foregoing Divorce Complaint 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 unworn falsification to authorities. Date: Deborah L. Eberly, P ?` ?' O 0 O ? ?, C ? O ? c O- ? ? ? ? DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. AND NOW, this 15th day of May, 2003, personally appeared before me, a Notary Public in and for the State and County aforementioned, Susan M. Kadel, Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Lee F. Eberly, on May 13, 2003, by certified mail number 7002 2410 0006 5863 4415, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof san el, Esquir Sworn to and subscribed before me this .LT day of , 2003. Notary Public NOTARIAL SEAL Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 '- ... .. ?. c7 c= F ?) ti't? (l';Ef: i --, ?_ 1?,_ __ (Tr -< ? - ?? ?_ C?"? , ; "? ?C? .. _?-{ _ -C . , DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this _ day of 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before on at for a conference, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1(c) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or to bring the required documents, the court may issue a warrant for your arrest. BY THE COURT: Harold E. Sheely, President Judge Date: BY Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Court Administration Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990 for information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DEBORAH L. EBERLY Plaintiff V. LEE F. EBERLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE COMPLAINT FOR ALIMONY PENDENTE LITE /SPOUSAL SUPPORT AND REQUEST FOR A CONFERENCE TO THE HONORABLE JUDGES OF SAID COURT: The Plaintiff, Deborah L. Eberly, resides at I 1 W. Atlantic Ave., Apt. B, Cape May Courthouse, NJ 082 10. 2. The Defendant, Lee F. Eberly, resides at 505 South Market Street, Mechanicsburg, PA 17055. 3. (a) Plaintiff and Defendant were married on June 20, 1970, in Mechanicsburg, Cumberland County, Pennsylvania. (b) Plaintiff and Defendant were separated in December of 2002. (c) Plaintiff and Defendant are not yet divorced. 4. Plaintiff and Defendant are the parents of two children who are emancipated. 5. Defendant has neglected the duty to support or sufficiently support the Plaintiff since June 1, 2003. 6. (a) Plaintiff is not receiving Public Assistance. (b) Plaintiff is receiving additional income in the amount of $_0 per from 7. There has been no prior support orders entered in this action. 8. Plaintiff last received support from the Defendant in the amount of $ 950.00 on June 1, 2003. WHEREFORE, Plaintiff requests that a conference be scheduled and an Order be entered against Defendant and in favor of the Plaintiff for reasonable support. I verify that the statements made in this Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 PA C.A. 4904 relating to unswom falsification to authorities. Dated: -*> Susan M. Kadel, Esquire Attorney for Plaintiff, Deborah L. Eberly NOTICE Guidelines for child andspousal support have been pr oared b the Court of Common Pleas and are available for inspection in the office of the Domestic Relations Section, 13 North Hanover Street Carlisle PA 17013 Additional Information: DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME: Deborah L. Eberly ADDRESS: 11 W. Atlantic Ave., Apt. B, Cape May Courthouse, NJ 08210 BIRTH DATE: November 28, 1949 SOCIAL SECURITY NUMBER: 177-42-0672 HOME PHONE: 609-463-3558 WORK PHONE: EMPLOYER NAME: NONE EMPLOYER ADDRESS: JOB TITLE/POSITION: DATE EMPLOYMENT COMMENCED: GROSS PAY: NET PAY: OTHER INCOME: ATTORNEY'S NAME: Susan M. Kadel, Esquire ATTORNEY'S ADDRESS: Post Office Box 650, Hershey, PA 17033 ATTORNEY'S PHONE NUMBER: 717-533-3280 RESPONDENT NAME: Lee F. Eberly ADDRESS: 505 South Market Street, Mechanicsburg, PA 17055 BIRTH DATE: August 24, 1947 SOCIAL SECURITY NUMBER: 193-36-3667 HOME PHONE: WORK PHONE: EMPLOYER NAME: EBERLY LUMBER COMPANY EMPLOYER ADDRESS: 135 W. Allen Street, Mechanicburg, PA 17055 JOB TITLE/POSITION: DATE EMPLOYMENT COMMENCED: GROSS PAY: NET PAY: OTHER INCOME: ATTORNEY'S NAME: Philip H. Spare, Esquire ATTORNEY'S ADDRESS: 44 West Main Street, Mechanicsburg, PA 17055 ATTORNEY'S PHONE NUMBER: 717-697-8528 MARRIAGE INFORMATION DATE OF MARRIAGE: June 20, 1970 PLACE OF MARRIAGE: Mechanicsburg, Pennsylvania DATE OF SEPARATION: December 2002 ADDRESS OF LAST MARITAL HOME: DESCRIPTION OF DOCUMENT RAISING APL CLAIM: Complaint in Divorce DATE APL DOCUMENT FILED: May 7, 2003 _p C) 1 d p c.? i\) v: ^r) .a: co ?n y ,tf7 ?i ``- DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003-2172 CIVIL TERM LEE F. EBERLY, IN DIVORCE Defendant/Respondent Pacses# 692105595 ORDER OF COURT AND NOW, this 10" day of July, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R .J. Shaddav on August 7. 2003at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 7-10-03 to: < Respondent Susan Kadel, Esquire Philip Spare, Esquire ? - Date of Order: July 10, 2003 RJ. dday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 rz .C l(o c ° n ?„ va' '- -n _, ?!' - - z ? f cn In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEBORAH L. EBERLY vs. LEE F. EBERLY Plaintiff Defendant AND NOW, to wit on this Docket Number 03-2172 CIVIL PACSES Case Number 692105595 Other State ID Number ORDER 7TH DAY OF AUGUST, 2003 IT IS HEREBv ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other REQUEST FOR APL CONFERENCE filed on JUNE 25, 2003 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER REQUEST FOR THE ALIMONY PENDENTE LITE MATTER TO BE ESTABLISHED THROUGH THE DOMESTIC RELATIONS SECTION. THE PARTIES ARE ESTABLISHING A PRIVATE AGREEMENT. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: JUDGE Service Type M Form OE-506 Worker ID 21005 C f_? 'v z cr r- r - ,l D l,J DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE PETITION FOR COUNSEL AND EXPERT WITNESS FEES AND NOW, comes the Petitioner, Deborah L. Eberly, by and through her counsel, Susan M. Kadel, Esquire, and James, Smith, Dietterick & Connelly, LLP, and files the within Petition for Counsel and Expert Witness Fees and in support thereof avers the following: 1. Your Petitioner is Deborah L. Eberly, Plaintiff in the above-captioned divorce action. The Respondent is Lee F. Eberly, Defendant in the above-captioned divorce action. 3. Petitioner filed a Complaint in Divorce on May 7, 2003, and raised the claims of equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. 4. The parties were married on June 20, 1970 and separated on January 1, 2003. Therefore, the parties have had an intact marriage of approximately thirty-two (32) years. 5. At the time of separation, the Petitioner left the marital home located at 505 South Market Street, Mechanicsburg, Pennsylvania, 17055, and currently resides at 11 W. Atlantic Avenue, Apartment B, Cape May Courthouse, New Jersey, 092 10. The Respondent continues to reside in the marital residence. 6. During the parties' marriage, Respondent was the sole wage earner for the family and Petitioner was a homemaker. 7. Respondent owns a forty (40%) percent interest in Eberly Lumber Company and a forty-nine (49%) percent interest in Eberly Associates; a real estate partnership. In 2002, Eberly Lumber Company had gross receipts of $5,427,508.00. Mr. Eberly's reportable income for 2002 as set forth in his Federal Income Tax Return was $122,347.00. Respondent also has a Merrill Lynch investment account titled in his name alone which had a value of $926,547.61 as of June 30, 2003. 9. In addition, the parties own a beach home located at 11019 Sunset Drive, Stone Harbor, New Jersey, as well as a farmhouse and farm land in which Mr. Eberly has a one-half (1/2) interest located in Cumberland County. 10. At the time of the parties' separation, the Petitioner left with some personal belongings and a Merrill Lynch CMA Account having a current value of approximately $100,000.00. This is the only marital property within the Petitioner's control. 11. The Petitioner is currently receiving spousal support from Respondent in the amount of $2,800.00 per month. However, from that amount Petitioner must, in addition to other daily living expenses, pay her monthly rent in the amount of $950.00. The Respondent lives in the marital home which is not encumbered by a mortgage and also frequently utilizes the beach home which is also not encumbered by a mortgage. 12. All of the marital property, with the exception of Petitioner's Merrill Lynch Account, is within the exclusive control of Respondent. 13. In order to proceed with equitable distribution of the marital assets, it is necessary for Petitioner to retain appraisers and valuation experts to assist her in determining the marital value of the various assets. These appraisals and/or business valuations must be completed at substantial expense. The Respondent is well able: to advance funds necessary to hire experts in this case who will evaluate and appraise the marital assets. Petitioner is without adequate resources to do so. 14. The Petitioner, because of her limited income, is unable to pay reasonable counsel fees in this matter in order to complete the necessary legal documents, supervise the appraisals and business valuations and try the case if necessary. Respondent is well able to advance funds for that purpose. 15. Petitioner would like to retain the services of Reuel Deppen, CPA/CVA/MBA of Smoker, Smith & Associates, PC, to perform a business valuation of Mr. Eberly's ownership interest in Eberly Lumber Company. Mr. Deppen has requested an initial retainer in the amount of $3,000.00. 16. Petitioner will need to retain the services of a real estate appraiser to appraise the Eberly Lumber commercial property, the home located in Stone Harbor, New Jersey, the marital residence in Mechanicsburg and the farmhouse and farmland located in Cumberland County. 17. The Petitioner is unable to pay for these advanced funds to proceed with the valuation and appraisals and Respondent has indicated his unwillingness to do so. WHEREFORE, your Petitioner, Deborah L. Eberly, respectfully requests that the Court award her a reasonable sum in attorney's fees and expert witness fees in order to prosecute her divorce action. Respectfully submitted, Date /S-- ?005 By. Susan A Kadel, Esquire Attorney for Petitioner, Deborah L. Eberly James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 VERIFICATION I, Deborah L. Eberly, verify that the statements made in the foregoing Pleading 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 unworn falsification to authorities. Date: t z J y l p 3 )0 4,01 o' '. (Fb // Deborah L. Eberly, Petitioner DEBORAH L. EBERLY Plaintiff /Petitioner v. LEE F. EBERLY Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Deborah L. Eberly, hereby certif,? that I have served a copy of the Petition for Counsel and Expert Witness Fees on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 DATE: Acz.1 /S, aU19.3 JAMES, SMITH, DIETTERICK & CONNELLY By: ;? zt?e?_? Susan el., Esquire Attorney for Petitioner James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 N n ? 7 ?? r _ ? p ..{ 'C -i '"? C ? } > ??` ... 1` r? -? ?_ z ' DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 71 day of , 2003, after review of the Petition for Counsel and Expert Witness Fees filed by the Petitioner, Deborah L. Eberly, a Rule is hereby issued upon the Respondent, Lee F. Eberly, is show cause why the relief requested should not be granted. Rule returnable d days from date of service. COURT. J. X-0.C ?J C N ' tom!;' tTt n R1r co 4J TJ QT ?T S? ?Z 4 L. EBERLY, Plaintiff/Petitioner Vs. LEE F. EBERLY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 03-2172 CIVIL ACTION - LAW IN DIVORCE NOTICE TO: Deborah L. Eberly, Plaintiff/Petitioner and Susan M. Kadel, Attorney for Plaintiff/Petitioner You are hereby notified to file a written response to the enclosed Respondent's Answer to Petition for Counsel and Expert Witness Fees with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. SNELBAKER, BRENNEMAN & SPARE, P.C. By Philip SH pare, Esquire Pa. Supreme Ct. I.D. # 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528/ Attorneys for Defendant/Respondent LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Date: January 20, 2004 ORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. No: 03-21.72 F. EBERLY, CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE RESPONDENT'S ANSWER TO PETITION FOR COUNSEL AND EXPERT WITNESS FEES WITH NEW MATTER AND NOW, comes the Respondent, Lee F. Eberly, by his attorneys, Snelbaker, Brenneman & Spare, P.C., and files the within Answer to Plaintiffs Petition for Counsel and Expert Witness Fees as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. By way of further response, it is averred that the gross receipts of Eberly Lumber Company in 2002 are irrelevant to the relief being sought by Petitioner. 8. Admitted. By way of further response, it is averred that the Merrill Lynch LAW OFFICES SNELBAKER, BRENNEMAN & SPARE investment account titled in Mr. Eberly's name alone is a non-marital asset and that documentation has been given to Petitioner's counsel indicating the non-marital status of the Merrill Lynch Account. 9. Admitted in part and denied in part. It is admitted that the parties own a home located at 11019 Sunset Drive, Stone Harbor, New Jersey. It is denied that the parties own a and farm land in which Mr. Eberly has a one-half (%z) interest located in Cumberland By way of further response, it is averred that the one-half ('/2) interest in the farmhouse and farm land in Cumberland County owned by Mr. Eberly is titled in his name only and is non- marital property. The farmhouse and farm land was gifted to Mr. Eberly and his brother by Mr. Eberly's parents. 10. Admitted in part and denied in part. It is admitted that at the time of the parties' separation, the Petitioner left with some personal belongings and a Merrill Lynch CMA Account, having a value of approximately $100,000.00. It is denied that this is the only marital property within Petitioner's control. On the contrary, it is averred that Petitioner has just as much "control" over marital assets as does Respondent. Respondent is without knowledge or information sufficient to form a belief as to the current value of the Merrill Lynch CMA Account held in Petitioner's name only. Additionally, it is averred that the Merrill Lynch CMA Account held in Petitioner's name is a marital asset that can be used to pay for Petitioner's counsel and expert witness fees. 11. Admitted in part and denied in part. It is admitted that Petitioner is currently receiving spousal support/alimony pendent lite from Respondent in the amount of $2,800.00 per month. Respondent is without knowledge or information sufficient to form a belief as to the truth of Petitioner's averment regarding the amount of her monthly rent; therefore, same is deemed to be denied and strict proof thereof is demanded to the extent it is relevant to the relief being sought. It is admitted that Respondent lives in the marital home which is not encumbered LAW OFFICES SNELBAKER. by a mortgage and also that he frequently utilizes the beach home which is not encumbered by a BRENNEMAN & SPARE mortgage. By way of further response, it is averred that Respondent is paying all of the costs and 2 expenses regarding taxes, insurance, utilities, maintenance and other expenses associated with the marital home and the home in Stone Harbor, New Jersey. 12. Denied. It is denied that all of the marital property, with the exception of Petitioner's Merrill Lynch Account, is within the exclusive control of the Respondent. On the contrary, it is averred that Petitioner has the same amount of "control" over most of the marital assets at issue in this divorce. 13. Denied. It is denied that in order to proceed with equitable distribution of the marital assets, it is necessary for Petitioner to retain appraisers and valuation experts to assist her in determining the marital value of various assets. It is denied that these appraisals and/or business valuations must be completed at substantial expense. It is denied that the Respondent is well able to advance funds necessary to hire experts in this case who will evaluate and appraise the marital assets. It is denied that Petitioner is without adequate resources to do so. On the contrary, it is averred that Petitioner has in excess of $100,000.00 in marital assets at her immediate disposal which she can use to pay for appraisers and evaluation experts as needed. It is further averred that Respondent has made several reasonable offers to Petitioner through counsel to allow marital assets to be used for such purposes. However, Petitioner has refused these reasonable offers and insists on utilizing Respondent's non-marital assets to pay for her anticipated expenses. 14. Denied. It is denied that the Petitioner, because of her limited income, is unable LAW OFFICES SNELBAKER. BRENNEMAN & SPARE to pay reasonable counsel fees in this matter in order to complete the necessary legal documents, supervise the appraisals and business valuations and try t:he case if necessary. It is further denied that Respondent is well able to advance funds for that purpose. On the contrary, it is averred that Petitioner has in excess of $100,000.00 in marital assets at immediate disposal which she can use to pay for counsel fees. It is further averred that Respondent has made several reasonable offers to Petitioner through counsel to allow marital assets to be used for such purposes. However, Petitioner has refused these reasonable offers and insists on utilizing Respondent's non-marital assets to pay for her expenses. 15. Denied. Respondent is without knowledge or information sufficient to form a belief as to whether Petitioner would like to retain the services of Reuel Deppen, CPA/CVA/MBA of Smoker, Smith & Associates, P.C., to perform a business valuation of Mr. Eberly's ownership interest in Eberly Lumber Company; therefore, same is deemed to be denied and strict proof thereof is demanded. Respondent is also without knowledge or information sufficient to form a belief as to whether Mr. Deppen has requested an initial retainer in the amount of $3,000.00; therefore, same is deemed to be denied and strict proof thereof is demanded. 16. Denied. It is denied that Petitioner will need to retain the services of a real estate appraiser to appraise the Eberly Lumber commercial property, the home located in Stone Harbor, New Jersey, the marital residence in Mechanicsburg and the farmhouse and farm land located in Cumberland County. 17. Denied. It is denied that Petitioner is unable to pay for these advanced funds to LAW OFFICES SNELBAKER. BRENNEMAN & SPARE proceed with the valuation and appraisals and Respondent has indicated his unwillingness to do so. On the contrary, it is averred that Petitioner has in excess of $100,000.00 in marital assets at her immediate disposal which she can use to pay for appraisers and evaluation experts as needed. It is further averred that Respondent has made several reasonable offers to Petitioner through counsel to allow marital assets to be used for such purposes. However, Petitioner has refused reasonable offers and insists on utilizing Respondent's non-marital assets to pay for her WHEREFORE, Respondent, Lee F. Eberly, respectfully requests your Honorable Court deny Plaintiff's Petition for Counsel and Expert Witness Fees. Plaintiff should be instructed to utilize the marital funds in excess of $100,000.00 available to her to pay for reasonable costs and expenses associated with the divorce proceeding. The allocation of those marital assets utilized for such purposes should be decided by the Divorce Master at the appropriate time, if necessary to the resolution of this divorce proceeding. NEW MATTER 18. Respondent is currently paying petitioner $2,800.00 per month in alimony pendent elite. 19. Respondent does not have sufficient income to pay Petitioner's expert witness and counsel fees in addition to alimony pendente lite and marital expenses. 20. Respondent is continuing to benefit the marital estate by paying taxes, utilities and maintenance expenses on the marital residence and the home in Stone Harbor, New Jersey. 21. Petitioner has $100.000.00 in liquid marital assets in her name, which are easily available for her to use to pay her witness fees and counsel fees. 22. Petitioner is wrongly attempting to force Respondent to expend his non-marital assets to fund her fees. 23. Respondent has offered and remains willing to obtain a line of credit or other loan LAW OFFICES SNELBAKER. BRENNEMAN & SPARE against the marital home to fund expert fees, counsel fetes and other expenses during the course of the divorce proceedings. WHEREFORE, Respondent, Lee F. Eberly, respectfully requests your Honorable Court to deny Plaintiff's Petition for Counsel and Expert Witness Fees. Plaintiff should be instructed to utilize the marital funds in excess of $100,000.00 available to her to pay for reasonable costs and expenses associated with the divorce proceeding. The allocation of those marital assets utilized for such purposes should be decided by the Divorce Master at the appropriate time, if necessary to the resolution of this divorce proceeding. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: // PhYip Spare, Esquire Pa. Supreme Ct. I.D. # 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Respondent, Lee F. Eberly Date: January 20, 2004 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Respondent's Answer to Petition for Counsel and Expert Witness Fees With New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. .4e, at2l Lee F. Eberly Date: January 11 , 2004 LAW OFFICES SNELBAKER, 13RENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Respondent's Answer To Petition For Counsel And Expert Witness Fees With New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Susan M. Kadel, Esquire James Smith Dietterick &. Connelly P.O. Box 650 Hershey, PA 17033 r Phili H. Spare, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys Respondent, Lee F. Eberly Date: January ?() , 2004 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ?? ?.? r? r? ?.? "? ?rZS rJ "': it ',iiT7 J "= . > 1 1 ?, ?.; ?...i JI ti DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE R EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE MOTION FOR HEARING AND NOW, this,S?day of February, 2004, comes the above-named Petitioner, Deborah L. Eberly, by and through her attorney, Susan M. Kadel, Esquire, and James, Smith, Dietterick & Connelly, LLP, and files this Motion for Hearing, and in support thereof avers the following: On or about December 29, 2003, Petitioner filed a Petition for Counsel and Expert Witness Fees. A true and correct copy is attached hereto, incorporated herein and marked Exhibit "A". 2. On or about January 20, 2004, Respondent filed an Answer to Petition with New Matter. A true and correct copy is attached hereto.. incorporated herein and marked Exhibit "B". 3. On or about February 5, 2004, Petitioner filed a Reply to New Matter, a true and correct copy of which is attached hereto, incorporated herein, and marked Exhibit "C". WHEREFORE, the Plaintiff respectfully requests this Honorable Court to schedule a Hearing in the above-referenced matter to finalize the issues raised in the Petition for Counsel and Expert Witness Fees. Date -2/51v Respectfully submitted, Susan M. Kadel, squire Attorney for Petitioner, Deborah L. Eberly James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 Exhibit "A" DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE RULE TO SHOW CAUSE AND NOW, thisJl-ctday of 2003, after review of the Petition for Counsel and Expert Witness Fees filed by the Petitioner, Deborah L. Eberly, a Rule is hereby issued upon the Respondent, Lee F. Eberly, is show cause why the relief requested should not be granted. Rule returnable _? () days from date of service. BY THE COURT: S ? J. TRUE COPY FROM RECORD In Testimony vrhc?r:of, i here unto set my hand and the seal of said Cour Carlisle, Fla. T i ..........1.... ...., 7'# Pr thonotan/ DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE ORDER OF COURT AND NOW, this day of 2003, after review of the attached Petition for Counsel and Expert Witness Fees, it is hereby Ordered that the Petitioner, Deborah L. Eberly, is awarded expert witness fees in the amount of and counsel fees in the amount of in order to prosecute her divorce action. BY THE COURT: J. DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE R EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE C= PETTTION FOR COUNSEL AND EXPERT WITNESS FEES AND NOW, comes the Petitioner, Deborah L. Eberly, by and through her counsel, Susan M. Kadel, Esquire, and James, Smith, Dietterick & Connelly, LLP, and files the within Petition for Counsel and Expert Witness Fees and in support thereof avers the following: 1. Your Petitioner is Deborah L. Eberly, Plaintiff in the above-captioned divorce action. 2. The Respondent is Lee F. Eberly, Defendant, in the above-captioned divorce action. 3. Petitioner filed a Complaint in Divorce on May 7, 2003, and raised the claims of equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. 4. The parties were married on June 20, 1970 and separated on January 1, 2003. Therefore, the parties have had an intact marriage of approximately thirty-two (32) years. 5. At the time of separation, the Petitioner left the marital home located at 505 South Market Street, Mechanicsburg, Pennsylvania, 17055, and currently resides at 11 W. Atlantic Avenue, Apartment B, Cape May Courthouse, New Jersey, 08210. The Respondent continues to reside in the marital residence. 6. During the parties' marriage, Respondent was the sole wage earner for the family and Petitioner was a homemaker. Respondent owns a forty (40%) percent interest in Eberly Lumber Company and a forty-nine (49%) percent interest in Eberly Associates; a real estate partnership. In 2002, Eberly Lumber Company had gross receipts of $5,427,508.00. 8. Mr. Eberly's reportable income for 2002 as set forth in his Federal Income Tax Return was $122,347.00. Respondent also has a Merrill Lynch investment account titled in his name alone which had a value of $926,547.61 as of June 30, 2003. 9. In addition, the parties own a beach home located at 11019 Sunset Drive, Stone Harbor, New Jersey, as well as a farmhouse and farm land in which Mr. Eberly has a one-half (1/2) interest located in Cumberland County. 10. At the time of the parties' separation, the Petitioner left with some personal belongings and a Merrill Lynch CMA Account having a current value of approximately $100,000.00. This is the only marital property within the Petitioner's control. 11. The Petitioner is currently receiving spousal support from Respondent in the amount of $2,800.00 per month. However, from that amount Petitioner must, in addition to other daily living expenses, pay her monthly rent in the amount of $950.00. The Respondent lives in the marital home which is not encumbered by a mortgage and also frequently utilizes the beach home which is also not encumbered by a mortgage. 12. All of the marital property, with the exception of Petitioner's Merrill Lynch Account, is within the exclusive control of Respondent. 13. In order to proceed with equitable distribution of the marital assets, it is necessary for Petitioner to retain appraisers and valuation experts to assist her in determining the marital value of the various assets. These appraisals and/or business valuations must be completed at substantial expense. The Respondent is well able to advance funds necessary to hire experts in this case who will evaluate and appraise the marital assets. Petitioner is without adequate resources to do so. 14. The Petitioner, because of her limited income, is unable to pay reasonable counsel fees in this matter in order to complete the necessary legal documents, supervise the appraisals and business valuations and try the case if necessary. Respondent is well able to advance funds for that purpose. 15. Petitioner would like to retain the services of Reuel Deppen, CPA/CVA/MBA of Smoker, Smith & Associates, PC, to perform a business valuation of Mr. Eberly's ownership interest in Eberly Lumber Company. Mr. Deppen has requested an initial retainer in the amount of $3,000.00. 16. Petitioner will need to retain the services of a real estate appraiser to appraise the Eberly Lumber commercial property, the home located in Stone Harbor, New Jersey, the marital residence in Mechanicsburg and the farmhouse and farmland located in Cumberland County. 17. The Petitioner is unable to pay for these advanced funds to proceed with the valuation and appraisals and Respondent has indicated his unwillingness to do so. WHEREFORE, your Petitioner, Deborah L. Eberly, respectfully requests that the Court award her a reasonable surn in attorney's fees and expert witness fees in order to prosecute her divorce action. Respectfully submitted, Date .4--e . /S aClcrJ By: -/ Susan M. Kadel, Esquire Attorney for Petitioner, Deborah L. Eberly James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 VERIFICATION I, Deborah L. Eberly, verify that the statements made in the foregoing Pleading 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 unworn falsification to authorities. Date: d2141102 e'ac"I4-,i, f • ?b e+ Deborah L. Eberly, Petitioner DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Deborah L. Eberly, hereby certify that I have served a copy of the Petition for Counsel and Expert Witness Fees on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 JAMES, SMITH, DIETTERICK & CONNELLY DATE: ,, 6 / 2 a0zr 3 By: Susan M-ExTel, Esquire Attorney for Petitioner James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 Exhibit "B" ORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA Vs. No: 03-2172 F. EBERLY, CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE NOTICE TO: Deborah L. Eberly, Plaintiff/Petitioner and Susan M. Kadel, Attorney for Plaintiff/Petitioner You are hereby notified to file a written response to the enclosed Respondent's Answer to Petition for Counsel and Expert Witness Fees with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. SNELBAKER, BRENNEMAN & SPARE, P.C. By A ?1494r Philip H. Spare, Esquire Pa. Supreme Ct. I.D. # 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-031$? Ti (717) 697-8528/ _ Attorneys for Defendant/Respohdent ' n LAW OFFICES SNELSAKER. BRENNEMAN & SPARE Date: January 20, 2004 ^n C ORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. No: 03-2172 F. EBERLY, CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE RESPONDENT'S ANSWER TO PETITION FOR COUNSEL AND EXPERT WITNESS FEES WITH NEW MATTER AND NOW, comes the Respondent, Lee F. Eberly, by his attorneys, Snelbaker, Brenneman & Spare, P.C., and files the within Answer to Plaintiff's Petition for Counsel and Expert Witness Fees as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. By way of further response, it is averred that the gross receipts of Eberly Lumber Company in 2002 are irrelevant to the relief being sought by Petitioner. 8. Admitted. By way of further response, it is averred that the Merrill Lynch LAW OFFICES SNELBAKER, BRENNEMAN & SPARE investment account titled in Mr. Eberly's name alone is a non-marital asset and that documentation has been given to Petitioner's counsel indicating the non-marital status of the Merrill Lynch Account. 9. Admitted in part and denied in part. It is admitted that the parties own a home located at 11019 Sunset Drive, Stone Harbor, New.rersey. It is denied that the parties own a expenses regarding taxes, insurance, utilities, maintenance and other expenses associated with marital home and the home in Stone Harbor, New Jersey. 12. Denied. It is denied that all of the marital property, with the exception of Petitioner's Merrill Lynch Account, is within the exclusive control of the Respondent. On the contrary, it is averred that Petitioner has the same amount of "control" over most of the marital assets at issue in this divorce. 13. Denied. It is denied that in order to proceed with equitable distribution of the marital assets, it is necessary for Petitioner to retain appraisers and valuation experts to assist her in determining the marital value of various assets. It is denied that these appraisals and/or business valuations must be completed at substantial expense. It is denied that the Respondent is well able to advance funds necessary to hire experts in this case who will evaluate and appraise the marital assets. It is denied that Petitioner is without adequate resources to do so. On the contrary, it is averred that Petitioner has in excess of $100,000.00 in marital assets at her immediate disposal which she can use to pay for appraisers and evaluation experts as needed. It is further averred that Respondent has made several reasonable offers to Petitioner through counsel to allow marital assets to be used for such purposes. However, Petitioner has refused these reasonable offers and insists on utilizing Respondent's non-marital assets to pay for her anticipated expenses. 14. Denied. It is denied that the Petitioner, because of her limited income, is unable LAW OFFICES SNELBAKER. BRENNEMAN & SPARE to pay reasonable counsel fees in this matter in order to complete the necessary legal documents, supervise the appraisals and business valuations and try the case if necessary. It is further denied that Respondent is well able to advance funds for that purpose. On the contrary, it is averred that Petitioner has in excess of $100,000.00 in marital assets at immediate disposal which she can use to pay for counsel fees. It is further averred that Respondent has made several reasonable offers to Petitioner through counsel to allow marital assets to be used for such purposes. However, Petitioner has refused these reasonable offers and insists on utilizing Respondent's non-marital assets to pay for her expenses. 15. Denied. Respondent is without knowledge or information sufficient to form a belief as to whether Petitioner would like to retain the services of Reuel Deppen, CPA/CVA/MBA of Smoker, Smith & Associates, P.C., to perform a business valuation of Mr. Eberly's ownership interest in Eberly Lumber Company; therefore, same is deemed to be denied and strict proof thereof is demanded. Respondent is also without knowledge or information sufficient to form a belief as to whether Mr. Deppen has requested an initial retainer in the amount of $3,000.00; therefore, same is deemed to be denied and strict proof thereof is demanded. 16. Denied. It is denied that Petitioner will need to retain the services of a real estate appraiser to appraise the Eberly Lumber commercial property, the home located in Stone Harbor, New Jersey, the marital residence in Mechanicsburg and the farmhouse and farm land located in Cumberland County. 17. Denied. It is denied that Petitioner is unable to pay for these advanced funds to LAW OFFICES SNELBAKER. BRENNEMAN & SPARE proceed with the valuation and appraisals and Respondent has indicated his unwillingness to do so. On the contrary, it is averred that Petitioner has in excess of $100,000.00 in marital assets at her immediate disposal which she can use to pay for appraisers and evaluation experts as needed. It is further averred that Respondent has made several reasonable offers to Petitioner through counsel to allow marital assets to be used for such purposes. However, Petitioner has refused reasonable offers and insists on utilizing Respondent's non-marital assets to pay for her WHEREFORE, Respondent, Lee F. Eberly, respectfully requests your Honorable Court to deny Plaintiff s Petition for Counsel and Expert Witness Fees. Plaintiff should be instructed to utilize the marital funds in excess of $100,000.00 available to her to pay for reasonable costs and expenses associated with the divorce proceeding. 'The allocation of those marital assets utilized for such purposes should be decided by the Divorce Master at the appropriate time, if necessary to the resolution of this divorce proceeding. NEW MATTER 18. Respondent is currently paying petitioner $2,800.00 per month in alimony pendent elite. 19. Respondent does not have sufficient income to pay Petitioner's expert witness and counsel fees in addition to alimony pendente lite and marital expenses. 20. Respondent is continuing to benefit the marital estate by paying taxes, utilities and maintenance expenses on the marital residence and the home in Stone Harbor, New Jersey. 21. Petitioner has $100.000.00 in liquid marital assets in her name, which are easily available for her to use to pay her witness fees and counsel fees. 22. Petitioner is wrongly attempting to force Respondent to expend his non-marital assets to fund her fees. 23. Respondent has offered and remains willing to obtain a line of credit or other loan LAW OFFICES SNELISAKER. BRENNEMAN & SPARE against the marital home to fund expert fees, counsel fees and other expenses during the course of the divorce proceedings. WHEREFORE, Respondent, Lee F. Eberly, respectfully requests your Honorable Court to deny Plaintiff's Petition for Counsel and Expert Witness Fees. Plaintiff should be instructed to utilize the marital funds in excess of $100,000.00 available to her to pay for reasonable costs and expenses associated with the divorce proceeding. The allocation of those marital assets utilized for such purposes should be decided by the Divorce Master at the appropriate time, if necessary to the resolution of this divorce proceeding. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: 01 4?? P ip H. Spare, Esquire Pa. Supreme Ct. I.D. # 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Respondent, Lee F. Eberly Date: January 20, 2004 LAW OFFICES SNELSAKER, BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Respondent's Answer to Petition for Counsel and Expert Witness Fees With New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 1.8 Pa. C.S. § 4904 relating to unworn falsification to authorities. 'Lee F. Eberly ' Date: January 1 I , 2004 LAW OFFICES SNELSAKER, BRENNEMAN & SPARE Exhibit "C" DEBORAH L. EBERLY Plaintiff/Petitioner V. LEE F. EBERLY Defendant/Respondent INTHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE PETITIONER'S REPLY TO NEW MATTER AND NOW, comes the Petitioner, Deborah L. Eberly, by and through her attorneys, Susan M. Kadel, Esquire, and James, Smith, Dietterick & Connelly, LLP, and files the within Reply to Respondent's Answer to Petition for Counsel and Expert Witness Fees with New Matter: 18. Admitted. By way of further answer, Petitioner, who has no other source of income, must pay for all of her household expenses from this amount, including rent in the amount of $950.00 per month. 19. Denied. In 2002, Respondent reported personal earnings of $122,347.00. He also currently has an investment account having an approximate value of $926,547.61. 20. Admitted. By way of further answer, both the marital residence and the home in Stone Harbor, New Jersey, have been utilized solely by the Respondent since the time of the parties' separation. Neither of the properties are subject to a mortgage. 21. Admitted. By way of further answer, the marital estate of the parties is well in excess of $2,000,000.00 which is under the exclusive control of Respondent. The only marital asset in Petitioner's control is a Merrill Lynch CMA account which has an approximate value of $100,000.00. As this is the only asset within Petitioner's control, it is not reasonable for her to utilize these funds to pay for fees and costs. 22. Denied. 23. Admitted. By way of further answer, it is admitted that Respondent has suggested that loans be taken against marital assets to secure the necessary funds for expenses, however, it is submitted that this is an unreasonable proposal in as much as it was suggested that Petitioner should be responsible, in part, for paying back the loans. She is without adequate funds to do so. It is submitted that borrowing against the marital assets is not necessary and is unreasonable under the parties' current financial circumstances. WHEREFORE, your Petitioner, Deborah L. Eberly, respectfully requests that the Court award her a reasonable sum in attorney's fees and expert witness fees to prosecute her divorce action. Respectfully submitted, Date By: Susan M. Kadel, Esquire Attorney for Petitioner, Deborah L. Eberly James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 DEBORAH L. EBERLY Plaintiff/Petitioner V. LEE F. EBERLY Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Deborah L. Eberly, hereby certify that I have served a copy of the Petitioner's Reply to New Matter on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 DATE: ---? JAMES, SMITH, DIETTERICK & CONNELLY By:? Susan M. Kadel, Esquire Attorney for Petitioner James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 DEBORAH L. EBERLY Plaintiff/Petitioner V. LEE R EBERLY Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Deborah L. Eberly, hereby certify that I have served a copy of the Motion for Hearing on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS PRE-PAID Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 11 DATE: f S o?GIJ JAMES, SMITH, DIETTERICK & CONNELLY By: Susan M. adel, Esquire Attorney for Petitioner James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 a, ? c? mac: o =a DEBORAH L. EBERLY Plaintiff/Petitioner V. LEE F. EBERLY Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE PETITIONER'S REPLY TO NEW MATTER AND NOW, comes the Petitioner, Deborah L. Eberly, by and through her attorneys, Susan M. Kadel, Esquire, and James, Smith, Dietterick & Connelly, LLP, and files the within Reply to Respondent's Answer to Petition for Counsel and Expert Witness Fees with New Matter: 18. Admitted. By way of further answer, Petitioner, who has no other source of income, must pay for all of her household expenses from this amount, including rent in the amount of $950.00 per month. 19. Denied. In 2002, Respondent reported personal earnings of $122,347.00. He also currently has an investment account having an approximate value of $926,547.61. 20. Admitted. By way of further answer, both the marital residence and the home in Stone Harbor, New Jersey, have been utilized solely by the Respondent since the time of the parties' separation. Neither of the properties are subject to a mortgage. 21. Admitted. By way of further answer, the marital estate of the parties is well in excess of $2,000,000.00 which is under the exclusive control of Respondent. The only marital asset in Petitioner's control is a Merrill Lynch CMA account which has an approximate value of $100,000.00. As this is the only asset within Petitioner's control, it is not reasonable for her to utilize these funds to pay for fees and costs. 22. Denied. 23. Admitted. By way of further answer, it is admitted that Respondent has suggested that loans be taken against marital assets to secure the necessary funds for expenses, however, it is submitted that this is an unreasonable proposal in as much as it was suggested that Petitioner should be responsible, in part, for paying back the loans. She is without adequate funds to do so. It is submitted that borrowing against the marital assets is not necessary and is unreasonable under the parties' current financial circumstances. WHEREFORE, your Petitioner, Deborah L. Eberly, respectfully requests that the Court award her a reasonable sum in attorney's fees and expert witness fees to prosecute her divorce action. Respectfully submitted, Date -/S/ By. Susan M. Kadel, Esquire Attorney for Petitioner, Deborah L. Eberly James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 DEBORAH L. EBERLY Plaintiff/Petitioner V. LEE F. EBERLY Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Deborah L. Eberly, hereby certify that I have served a copy of the Petitioner's Reply to New Matter on the following on the date and in the manner indicated below: U.S. MAIL FIRST CLASS PRE-PAID Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 DATE: ? zt/v y JAMES, SMITH, DIETTERICK & CONNELLY By. Susan M. Kadel, Esquire c Attorney for Petitioner James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 N C.? C_ ` co r -fl i r'C;:l ? _ W I':l ? -a m ?, ' r ?.r ? Z.? ?T ? ?? ?? j ? t_ ?? J O .17 v _? DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE MOTION FOR HEARING AND NOW, this day of February, 2004, comes the above-named Petitioner, Deborah L. Eberly, by and through her attorney, Susan M. Kadel, Esquire, and James, Smith, Dietterick & Connelly, LLP, and files this Motion for Hearing, and in support thereof avers the following: 1. On or about December 29, 2003, Petitioner filed a Petition for Counsel and Expert Witness Fees. A true and correct copy is attached hereto, incorporated herein and marked Exhibit "A". 2. On or about January 20, 2004, Respondent filed an Answer to Petition with New Matter. A true and correct copy is attached hereto, incorporated herein and marked Exhibit "B" On or about February 5, 2004, Petitioner filed a Reply to New Matter, a true and correct copy of which is attached hereto, incorporated herein, and marked Exhibit "C". WHEREFORE, the Plaintiff respectfully requests this Honorable Court to schedule a Hearing in the above-referenced matter to finalize the issues raised in the Petition for Counsel and Expert Witness Fees. Date /Sw Respectfully submitted, Susan M. Kadel, squire Attorney for Petitioner, Deborah L. Eberly James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 Exhibit "A" DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this3151-day of e 2003, after review of the Petition for Counsel and Expert Witness Fees filed by the Petitioner, Deborah L. Eberly, a Rule is hereby issued upon the Respondent, Lee F. Eberly, is show cause why the relief requested should not be granted. Rule returnable J days from date of service. BY THE COURT: S f-? I 1 I ???Irn?,r9 ?' ? 1 ? J. TRUE COPY FROM RECORD In Testimony whir of, ! here unto set my hand and the seal or' said Cour Carlisle, Pa. T i ..... 3...1...¢ ...., Pr thonotarp DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE ORDER OF COURT AND NOW, this day of 2003, after review of the attached Petition for Counsel and Expert Witness Fees, it is hereby Ordered that the Petitioner, Deborah L. Eberly, is awarded expert witness fees in the amount of and counsel fees in the amount of , in order to prosecute her divorce action. BY THE COURT: J. DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 n LEE F. EBERLY : CIVIL ACTION •• LAW r Defendant/Respondent : IN DIVORCE c7 -` ra ?Ci PETITION FOR COUNSEL AND EXPERT WITNESS FEES -? v,l AND NOW, comes the Petitioner, Deborah L. Eberly, by and through her counsel, Susan M. Kadel, Esquire, and James, Smith, Dietterick & Connelly, LLP, and files the within Petition for Counsel and Expert Witness Fees and in support thereof avers the following: Your Petitioner is Deborah L. Eberly, Plaintiff in the above-captioned divorce action. 2. The Respondent is Lee F. Eberly, Defendant in the above-captioned divorce action. 3. Petitioner filed a Complaint in Divorce on May 7, 2003, and raised the claims of equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. 4. The parties were married on June 20, 1970 and separated on January 1, 2003. Therefore, the parties have had an intact marriage of approximately thirty-two (32) years. 5. At the time of separation, the Petitioner left the marital home located at 505 South Market Street, Mechanicsburg, Pennsylvania, 17055, and currently resides at 11 W. Atlantic Avenue, Apartment B, Cape May Courthouse, New Jersey, 08210. The Respondent continues to reside in the marital residence. 6. During the parties' marriage, Respondent was the sole wage earner for the family and Petitioner was a homemaker. Respondent owns a forty (40%) percent interest in Eberly Lumber Company and a forty-nine (49%) percent interest in Eberly Associates; a real estate partnership. In 2002, Eberly Lumber Company had gross receipts of $5,427,508.00. 8. Mr. Eberly's reportable income for 2002 as set forth in his Federal Income Tax Return was $122,347.00. Respondent also has a Merrill Lynch investment account titled in his name alone which had a value of $926,547.61 as of June 30, 2003. 9. In addition, the parties own a beach home located at 11019 Sunset Drive, Stone Harbor, New Jersey, as well as a farmhouse and farm land in which Mr. Eberly has a one-half (1/2) interest located in Cumberland County. 10. At the time of the parties' separation, the Petitioner left with some personal belongings and a Merrill Lynch CMA Account having a current value of approximately $100,000.00. This is the only marital property within the Petitioner's control. 11. The Petitioner is currently receiving spousal support from Respondent in the amount of $2,800.00 per month. However, from that amount Petitioner must, in addition to other daily living expenses, pay her monthly rent in the amount of $950.00. The Respondent lives in the marital home which is not encumbered by a mortgage and also frequently utilizes the beach home which is also not encumbered by a mortgage. 12. All of the marital property, with the exception of Petitioner's Merrill Lynch Account, is within the exclusive control of Respondent. 13. In order to proceed with equitable distribution of the marital assets, it is necessary for Petitioner to retain appraisers and valuation experts to assist her in determining the marital value of the various assets. These appraisals and/or business valuations must be completed at substantial expense. The Respondent is well able to advance funds necessary to hire experts in this case who will evaluate and appraise the marital assets. Petitioner is without adequate resources to do so. 14. The Petitioner, because of her limited income, is unable to pay reasonable counsel fees in this matter in order to complete the necessary legal documents, supervise the appraisals and business valuations and try the case if necessary. Respondent is well able to advance funds for that purpose. 15. Petitioner would like to retain the services of Reuel Deppen, CPA/CVA/MBA of Smoker, Smith & Associates, PC, to perform a business valuation of Mr. Eberly's ownership interest in Eberly Lumber Company. Mr. Deppen has requested an initial retainer in the amount of 53,000.00. 16. Petitioner will need to retain the services of a real estate appraiser to appraise the Eberly Lumber commercial property, the home located in Stone Harbor, New Jersey, the marital residence in Mechanicsburg and the farmhouse and farmland located in Cumberland County. 17. The Petitioner is unable to pay for these advanced funds to proceed with the valuation and appraisals and Respondent has indicated his unwillingness to do so. WHEREFORE, your Petitioner, Deborah L. Eberly, respectfully requests that the Court award her a reasonable surn in attorney's fees and expert witness fees in order to prosecute her divorce action. Respectfully submitted, Date rs, a?a3 By: usan M. Kadel, Esquire Attorney for Petitioner, Deborah L. Eberly James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 VERIFICATION I, Deborah L. Eberly, verify that the statements made in the foregoing Pleading 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 unworn falsification to authorities. Date: iz1 h• 4.'k ;° ekanp, / Deborah L. Eberly, Petitioner ^?`% DEBORAH L. EBERLY Plaintiff/Petitioner V. LEE F. EBERLY Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Deborah L. Eberly, hereby certify that I have served a copy of the Petition for Counsel and Expert Witness Fees on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS PRE-PAID Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 DATE: 1..Ll /S; q?G7r JAMES, SMITH„ DIETTERICK & CONNELLY By: GC Susan el, Esquire Attorney for Petitioner James, Smith. Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 Exhibit "B" L. EBERLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : No: 03-2 172 LEE F. EBERLY, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE NOTICE TO: Deborah L. Eberly, Plaintiff/Petitioner and Susan M. Kadel, Attorney for Plaintiff/Petitioner You are hereby notified to file a written response to the enclosed Respondent's Answer to Petition for Counsel and Expert Witness Fees with New Matter within twenty (20) days from service hereof or a judgment maybe entered against you. SNELBAKER, BRENNEMAN & SPARE, P.C. By Philip H. Spare, Esquire Pa. Supreme Ct. I.D. # 65200 44 West Main Street P.O. Box 318 LAW OFFICES SNELSAKER. BRENNEMAN & SPARE Date: January 20, 2004 Mechanicsburg, PA 17055-031$_?. < (717) 697-8528 Attorneys for Defendant/Respondent =_:: == _-ICJ DRAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. No: 03-2172 F. EBERLY, CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE RESPONDENT'S ANSWER TO PETITION FOR COUNSEL AND EXPERT WITNESS FEES WITH NEW MATTER AND NOW, comes the Respondent, Lee F. Eberly, by his attorneys, Snelbaker, Brenneman & Spare, P.C., and files the within Answer to Plaintiff's Petition for Counsel and Expert Witness Fees as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. By way of further response, it is averred that the gross receipts of Eberly Lumber Company in 2002 are irrelevant to the relief being sought by Petitioner. 8. Admitted. By way of further response, it is averred that the Merrill Lynch LAW OFFICES SNELBAKER. BRENNEMAN & SPARE investment account titled in Mr. Eberly's name alone is a non-marital asset and that documentation has been given to Petitioner's counsel indicating the non-marital status of the Merrill Lynch Account. 9. Admitted in part and denied in part. It is admitted that the parties own a home located at 11019 Sunset Drive, Stone Harbor, New Jersey. It is denied that the parties own a expenses regarding taxes, insurance, utilities, maintenance and other expenses associated with the marital home and the home in Stone Harbor, New :fersey. 12. Denied. It is denied that all of the marital property, with the exception of Petitioner's Merrill Lynch Account, is within the exclusive control of the Respondent. On the contrary, it is averred that Petitioner has the same amount of "control" over most of the marital assets at issue in this divorce. 13. Denied. It is denied that in order to proceed with equitable distribution of the marital assets, it is necessary for Petitioner to retain appraisers and valuation experts to assist her in determining the marital value of various assets. It is denied that these appraisals and/or business valuations must be completed at substantial expense. It is denied that the Respondent is well able to advance funds necessary to hire experts in this case who will evaluate and appraise the marital assets. It is denied that Petitioner is without adequate resources to do so. On the contrary, it is averred that Petitioner has in excess of $100,000.00 in marital assets at her immediate disposal which she can use to pay for appraisers and evaluation experts as needed. It is further averred that Respondent has made several reasonable offers to Petitioner through counsel to allow marital assets to be used for such purposes. However, Petitioner has refused these reasonable offers and insists on utilizing Respondent's non-marital assets to pay for her anticipated expenses. 14. Denied. It is denied that the Petitioner, because of her limited income, is unable LAW OFFICES SNELBAKER. BRENNEMAN & SPARE to pay reasonable counsel fees in this matter in order to complete the necessary legal documents, supervise the appraisals and business valuations and try the case if necessary. It is further denied that Respondent is well able to advance funds for that purpose. On the contrary, it is averred that Petitioner has in excess of $100,000.00 in marital assets at immediate disposal which she can use to pay for counsel fees. It is further averred that Respondent has made several reasonable offers to Petitioner through counsel to allow marital assets tc. be used for such purposes. However, Petitioner has refused these reasonable offers and insists on utilizing Respondent's non-marital assets to pay for her expenses. 15. Denied. Respondent is without knowledge or information sufficient to form a belief as to whether Petitioner would like to retain the services of Reuel Deppen, CPA/CVA/MBA of Smoker, Smith & Associates, P.C., to perform a business valuation of Mr. Eberly's ownership interest in Eberly Lumber Company; therefore, same is deemed to be denied and strict proof thereof is demanded. Respondent is also without knowledge or information sufficient to form a belief as to whether Mr. Deppen has requested an initial retainer in the amount of $3,000.00; therefore, same is deemed to be denied and strict proof thereof is demanded. 16. Denied. It is denied that Petitioner will need to retain the services of a real estate appraiser to appraise the Eberly Lumber commercial property, the home located in Stone Harbor, New Jersey, the marital residence in Mechanicsburg and the farmhouse and farm land located in Cumberland County. 17. Denied. It is denied that Petitioner is unable to pay for these advanced funds to proceed with the valuation and appraisals and Respondent has indicated his unwillingness to do so. On the contrary, it is averred that Petitioner has in excess of $100,000.00 in marital assets at her immediate disposal which she can use to pay for appraisers and evaluation experts as needed. LAW OFFICES SNELeAKER. It is further averred that Respondent has made several reasonable offers to Petitioner through BRENNEMAN & SPARE counsel to allow marital assets to be used for such purposes. However, Petitioner has refused reasonable offers and insists on utilizing Respondent's non-marital assets to pay for her expenses. WHEREFORE, Respondent, Lee F. Eberly, respectfully requests your Honorable Court to deny Plaintiff's Petition for Counsel and Expert Witness Fees. Plaintiff should be instructed to utilize the marital funds in excess of $100,000.00 available to her to pay for reasonable costs and expenses associated with the divorce proceeding. The allocation of those marital assets utilized for such purposes should be decided by the Divorce Master at the appropriate time, if to the resolution of this divorce proceeding. NEW MATTER 18. Respondent is currently paying petitioner $2,800.00 per month in alimony pendent elite. 19. Respondent does not have sufficient income to pay Petitioner's expert witness and counsel fees in addition to alimony pendente lite and marital expenses. 20. Respondent is continuing to benefit the :marital estate by paying taxes, utilities and maintenance expenses on the marital residence and. the home in Stone Harbor, New Jersey. 21. Petitioner has $100.000.00 in liquid marital assets in her name, which are easily available for her to use to pay her witness fees and counsel fees. 22. Petitioner is wrongly attempting to force: Respondent to expend his non-marital assets to fund her fees. 23. Respondent has offered and remains willing to obtain a line of credit or other loan LAW OFFICES SNELBAKER, against the marital home to fund expert fees, counsel fees and other expenses during the course BRENNEMAN & SPARE of the divorce proceedings. WHEREFORE, Respondent, Lee F. Eberly, respectfully requests your Honorable Court to deny Plaintiff s Petition for Counsel and Expert Witness Fees. Plaintiff should be instructed to utilize the marital funds in excess of $100,000.00 available to her to pay for reasonable costs and expenses associated with the divorce proceeding. The allocation of those marital assets utilized for such purposes should be decided by the Divorce Master at the appropriate time, if necessary to the resolution of this divorce proceeding. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: P ip H. Spare, Esquire Pa. Supreme Ct. I.D. # 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorney:. for Respondent, Lee F. Eberly Date: January 20, 2004 LAW OFFICES SNELSAKER. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Respondent's Answer to Petition for Counsel and Expert Witness Fees With New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 1.8 Pa. C.S. § 4904 relating to unworn falsification to authorities. Z,re Lee F Eberly Date: January f 1 , 2004 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Respondent's Answer To Petition For Counsel And Expert Witness Fees With New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Susan M. Kadel, Esquire: James Smith Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 Phili H. Spare, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys Respondent, Lee F. Eberly Date: January a() , 2004 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Exhibit "C" DEBORAH L. EBERLY Plaintiff/Petitioner V. LEE F. EBERLY Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE PETITIONER'S REPLY TO NEW MATTER AND NOW, comes the Petitioner, Deborah L. Eberly, by and through her attorneys, Susan M. Kadel, Esquire, and James, Smith, Dietterick & Connelly, LLP, and files the within Reply to Respondent's Answer to Petition for Counsel and Expert Witness Fees with New Matter: 18. Admitted. By way of further answer, Petitioner, who has no other source of income, must pay for all of her household expenses from this amount, including rent in the amount of $950.00 per month. 19. Denied. In 2002, Respondent reported personal earnings of $122,347.00. He also currently has an investment account having an approximate value of $926,547.61. 20. Admitted. By way of further answer, both the marital residence and the home in Stone Harbor, New Jersey, have been utilized solely by the Respondent since the time of the parties' separation. Neither of the properties are subject to a mortgage. 21. Admitted. By way of further answer, the marital estate of the parties is well in excess of $2,000,000.00 which is under the exclusive control of Respondent. The only marital asset in Petitioner's control is a Merrill Lynch CMA account which has an approximate value of $100,000.00. As this is the only asset within Petitioner's control, it is not reasonable for her to utilize these funds to pay for fees and costs. 22. Denied. 23. Admitted. By way of further answer, it is admitted that Respondent has suggested that loans be taken against marital assets to secure the necessary funds for expenses, however, it is submitted that this is an unreasonable proposal in as much as it was suggested that Petitioner should be responsible, in part, for paying back the loans. She is without adequate funds to do so. It is submitted that borrowing against the marital assets is not necessary and is unreasonable under the parties' current financial circumstances. WHEREFORE, your Petitioner, Deborah L. Eberly, respectfully requests that the Court award her a reasonable sum in attorney's fees and expert witness fees to prosecute her divorce action. Respectfully submitted, Date dV15-l By: Susan M. Kadel, Esquire Attorney for Petitioner, Deborah L. Eberly James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA LD. No. 44837 DEBORAH L. EBERLY PlaintifflPetitioner V. LEE R EBERLY Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Deborah L. Eberly, hereby certify that I have served a copy of the Petitioner's Reply to New Matter on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 DATE: -? j JAMES, SMITH. DIETTERICK & CONNELLY By:?/?F c Susan M. Kadel, Esquire Attorney for Petitioner James, Smith., Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 DEBORAH L. EBERLY Plaintiff/Petitioner V. LEE F. EBERLY Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Deborah L. Eberly, hereby certify that I have served a copy of the Motion for Hearing on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 DATE: o?lXl JAMES, SMITH, DIETTERICK & CONNELLY By: Susan 4Mel, Esquire Attorney for Petitioner James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 n ? o ?? T _? ? ?„? ?m rn ?Q ?.? C..:- -r T. r YC: ? ? l =i O ? -? CJ; DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE ORDER OF COURT AND NOW, this am, day of ly , 2004, upon consid tion of the within Motion for Hearing, a hearing is hereby scheduled for the Q. 61W7 day of A0 2004, at /_ o'clock g.m. in Court Room No. of..7 , of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY TH RT: 11s r r?l, ,IiN?GC C I :6 r4v Z 103J hOoz kj\LONC,'H1Ged EFli JO ?;;IJ:'O-CG7J DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. LEE F. EBERLY NO. 2003-2172 CIVIL ORDER OF COURT AND NOW, this 23RD day of FEBRUARY, 2004, after consultation with counsel it appears to the Court that Plaintiff has control of sufficient liquid assets to be able to fund this litigation. Therefore, her Petition for Counsel and Expert Fees is DENIED, without prejudice to raise those issues before the Divorce Master. AY-19 Cou Edward E. Guido, J. ?Susan M. Kadel, Esquire For the Plaintiff ?Philip Spare, Esquire For the Defendant :sld 7 ri L 1 0 ?`V hZ 93A UE ?'v' :i !'J l1'Jad 31HI JO DEBORAH L. EBERLY Plaintiff V. LEE F. EBERLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE COMPLAINT FOR ALIMONY PENDENTE LITE /SPOUSAL SUPPORT AND REQUEST FOR A CONFERENCE TO: THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff, Deborah L. Eberly, resides at 11 W. Atlantic Ave., Apt. B, Cape May Courthouse, NJ 082 10. 2. The Defendant, Lee F. Eberly, resides at 505 South Market Street, Mechanicsburg, PA 17055. 3. (a) Plaintiff and Defendant were married on June 20, 1970, in Mechanicsburg, Cumberland County, Pennsylvania. (b) Plaintiff and Defendant were separated in December of 2002. (c) Plaintiff and Defendant are not yet divorced. 4. Plaintiff and Defendant are the parents of two children who are emancipated. 5. Although Defendant has been paying voluntary support in the amount of $2,800.00 per month, it is believed that this amount is insufficient to support the Plaintiff, based upon the Defendant's income. 6. (a) Plaintiff is not receiving Public Assistance. (b) Plaintiff is receiving additional income in the amount of $2,800.00 per month from Defendant. 7. There has been no prior support orders entered in this action. 8. Plaintiff last received support from the Defendant in the amount of $2,800.00 on July 1, 2004. WHEREFORE, Plaintiff requests that a conference be scheduled and an Order be entered against Defendant and in favor of the Plaintiff for reasonable support. I verify that the statements made in this Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 PA C.A. 4904 relating to unswom falsification to authorities. Dated: ')7-Q7 oV Susan M. Kadel, Esquire Attorney for Plaintiff, Deborah L. Eberly NOTICE Guidelines for child and spousal support have been prec>ared by the Court of Common Pleas and are available for inspection in the office of the Domestic Relations Section, 13 North Hanover Street, Carlisle. PA 17013. Additional Information: DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 03-2172 LEE F. EBERLY : CIVIL, ACTION - LAW Defendant : IN DIVORCE DRS ATTACHIIINNT FOR APL PROCEEDINGS NAME: Deborah L. Eberly ADDRESS: 11 W. Atlantic Ave., Apt. B, Cape May Courthouse, NJ 08210 BIRTH DATE: November 28, 1949 SOCIAL SECURITY NUMBER: 177-42-0672 HOME PHONE: 609-463-3558 WORK PHONE: EMPLOYER NAME: NONE EMPLOYER ADDRESS: JOB TITLE/POSITION: DATE EMPLOYMENT COMMENCED: GROSS PAY: NET PAY: OTHER INCOME: ATTORNEY'S NAME: Susan M. Kadel, Esquire ATTORNEY'S ADDRESS: Post Office Box 650, Hershey, PA 17033 ATTORNEY'S PHONE NUMBER 717-533-3280 NAME: Lee F. Eberly ADDRESS: 505 South Market Street, Mechanicsburg, PA 17055 BIRTH DATE: August 24, 1947 SOCIAL SECURITY NUMBER: 193-36-3667 HOME PHONE: WORK PHONE: EMPLOYER NAME: EBERLY LUMBER COMPANY EMPLOYER ADDRESS: 135 W. Allen Street, Mechanicburg, PA 17055 JOB TITLE/POSITION: DATE EMPLOYMENT COMMENCED: GROSS PAY: NET PAY: OTHER INCOME: ATTORNEY'S NAME: Philip H. Spare, Esquire ATTORNEY'S ADDRESS: 44 West Main Street, Mechanicsburg, PA 17055 ATTORNEY'S PHONE NUMBER: 717-697-8528 MARRIAGE INFORMATION DATE OF MARRIAGE: June 20, 1970 PLACE OF MARRIAGE: Mechanicsburg, Pennsylvania DATE OF SEPARATION: December 2002 ADDRESS OF LAST MARITAL HOME: DESCRIPTION OF DOCUMENT RAISING APL CLAIM: Complaint in Divorce DATE APL DOCUMENT FILED: May 7, 2003 C'1 N d r-- ni co N ?^ Y lh = cF' ca m C N Q `TJ ( ? V C' DEBORAH L. EBERLY, Plaintiff/Petitioner Vs. LEE F. EBERLY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-2172 CIVIL TERM IN DIVORCE Paeses# 692105595 ORDER OF COURT AND NOW, this 2"d day of August, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on S. e°tember 10, 2004 at 10.30 A M for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 8-2-04 to: < Respondent Susan Kadel, Esquire Philip Spare, Esquire ?g Date of Order: Aueust 2 2004 R. J. hadday, Confere YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND DO N A LAWYER OR OR TELS PH NE THE OF ICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 r ?' Y S .. 1 57? i C.: Ni.? t' l 4 e C 1 , ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of P nn ylvania (D Original order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 09/20/04 Tribunal/Case Number (See Addendum for case summary) O Terminate Order/Notice Employer/Withholders Fede RE: EBERLY, LEE F. ,al EIN Number Employee/Obligor's Name (Last, First, MI) EBERLY LUMBER CO 135 N ALLEN ST MECHANICSBURG PA 17055-6204 # o2v03-a/ 7a-CV A&SEs ? a/d ssgs 193-36-3667 Employee/Obligor's Social Security Number 6400101181 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, MO See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 2, 076.00 per month in current support $ 0. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ o. oo per month in medical support $ o 00 per month for genetic test costs $ per month in other (specify) fora total of $ 2, 076.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 479 08 per weekly pay period. $ 958,15 per biweekly pay period (every two weeks). $ _ 1, o38, oo per semimonthly pay period (twice a month). $ 2, o76 oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. SEP 2 1 20L4 )b r E COURT Date of Order: Lam'--? :ate ?.ao Service Type M Form EN-028 OMB No.:OWP0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifheckel you are required to pr vide aopy of this form to your Qmployee. If your employee o ks in a state that is di Brent rom the state that issuecpthis o er, a copy must be provided to your employee even ift?ie box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. state of the employee's/obligor's principal p You lace of employment with respect to the time periods within which you must implement the g order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow o the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest a tent against possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2313103320 EMPLOYEE'S/OBLIGOR'S NAME: EBERLY LEE F. EMPLOYEE'S CASE IDENTIFIER: 5400101181 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION : NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, 1HANOVFR ST contact WAGE ATTACHMENT UNIT P .Q. BOX 320 by telephone at (717) 2_ 4`62_ or CARLISLE PA 17013 by FAX at (7171 240-6 an or by internet www.childsup ortstate pa us Service Type M Page 2 of 2 Form EN-028 OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendantlobligor: EBERLY, LEE F. Service Type M Addendum OMB No.; 097o0154 PACSES Case Number Plaint Do_ cket Attachment Amou Child(ren)'s Name(s): 0.00 Form EN-028 Worker ID $IATT 1'= ?) ?tl n ? ,^ t' gin;-; `, 5 '``. ?r _,; -T, c? ca .. DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - DIVORCE NO. 2003-2172 CIVIL TERM LEE F. EBERLY, IN DIVORCE Defendant/Respondent Pacses# 692105595 ORDER OF COURT AND NOW, this 201h day of September, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,009.11 and Respondent's monthly net income/earning capacity is $6,198.37, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $2,076.00 per month payable monthly as follows; $2,076.00 for alimony pendente lite and $0.00 on arrears. First payment due on or before the 1 sc day of October, 2004. Arrears set at $4,152.00 as of September 20, 2004. The effective date of the order is July 28, 2004. This Order does not consider the stock ownership bonus as income and Respondent is to pay 40% of that net, and any other bonuses, directly to Petitioner within five days upon receipt of any said bonus with verification of the amount of the bonus. Respondent and Petitioner are to report any direct payments that have been made since the filing date of the Alimony Pendente Lite. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further finds, after hearing, that the Respondent has willfully failed to comply with this , if the Court Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Deborah L. Eberly. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 86% by Respondent and 14% by Petitioner. I thirty The Petitioner is responsible to pay the fir s t $2 5 0.00 a nn ually in unreimbursed medical expenses. Respondent to provide medica insurance coverage. Within days after the entry of this order, the Respondent shall submit to the petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4)the addr4ess to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on Petitioner BY THE COURT, 9-22-04: < Respondent Susan Kadel, Esquire Philip Spare, Esquire year Edward E. Guido J. Fill C ?? DEBORAH L. EBERLY, Plaintiff/Petitioner V. LEE F. EBERLY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE DOCKET NO. 2003-2172 PACSES CASE NO. 692105595 NOTICE OF APPEAL AND DEMAND FOR HEARING Deborah L. Eberly, Plaintiff/Petitioner, in the above-captioned matter, by her attorneys, James, Smith, Dietterick & Connelly, LLP, hereby appeals from the Order of Support dated September 20, 2004 in the amount of $2,076.00 per month for alimony pendente lite. This Notice will serve as Plaintiff/Petitioner's demand for a hearing before this Honorable Court. Respectfully submitted, Date: ??1 Susan M. Kadel, Esquire Attorney for Plaintiff, Deborah L. Eberly James, Smith, Dietterick & Connelly, LLP Post Office Box 650 Hershey, PA 17033 (717) 533-3280 I.D. No. 44837 DEBORAH L. EBERLY, : IN THE COURT" OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE DOCKET NO. 2003-2172 LEE F. EBERLY, Defendant/Respondent : PACSES CASE NO.692105595 CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick &; Connelly, LLP, attorney for the Plaintiff/Petitioner, Deborah L. Eberly, hereby certify that I have served a copy of the foregoing Notice of Appeal and Demand for Hearing on the following on the date and in the manner indicated below: U.S MAIL, FIRST CLASS PRE-PAID Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 Date: By: a7) J4 JAMES, SMITH, DIETTERICK & CONNELLY Susan . Kadel, Esgiuire Attorney for Plaintifi'lPetitioner Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 n N ° ?n co t5 ? ? jai r,c,P In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEBORAH L. EBERLY ) Docket Number 03-2172 CIVIL Plaintiff ) VS. ) PACSES Case Number 692105595 LEE F. EBERLY ) Defendant ) Other State ID Number ORDER OF COURT c, ? You, DEBORAH L. EBERLY plaintiff/defencfi ti of Q` APT B, 11 W ATLANTIC AVE, CAPE MAY COURT HOUSE, NJ. 08210-2257-11 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, P.A. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on -the DECEMBER 2, 2004 at 1:30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have avEalable to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 21302 EBERLY V• EBERLY PACSES Case Number: 692105595 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which parry initiated the support action. BY THE COURT: Date of Order: i 1-3 -y` JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FED; OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEBORAH L. EBERLY ) Docket Number 03-2172 CIVIL Plaintiff ) vs. LEE F. EBERLY PACSES Case Number 692105595 r? Defendant ) Other State ID Number ORDER OF COURT You, LEE F. EBERLY 505 S MARKET ST, MECHANICSBURG, PA. 17055-6417-05 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on. the DECEMBER 2, 2004 at 1:3oPM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: FN-n -r7 f 3t )5 C Form CM-509 Service Type M Worker ID 21302 EBERLY v EBERLY PACSES Case Number: 692105595 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: I I - ?--- ( JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION LEE F. EBERLY, PACSES NO.692105595 Defendant NO. 03-2172 CIVIL ORDER OF COURT AND NOW, this 2Id day of December, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiff's claim for Alimony Pendente Lite, and upon agreement of the parties and recommendation of the Support Master, it is ordered and decreed as follows: The interim order entered on September 20, 2004, in the amount of $2,076.00 per month effective July 28, 2004 will remain in full force and effect through November 30, 2004. Any arrearages that may have accrued on said order through November 30, 2004 shall be remitted based upon direct payments of support made by the Defendant to the Plaintiff. 2. Effective December 1, 2004, said order is modified as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as Alimony Pendente; Lite the sum of $4,008.00 per month. B. The Defendant shall provide health insurance coverage for the benefit of the Plaintiff. C. The Defendant shall pay 90% of the unreimbursed medical expenses incurred by the Plaintiff as that term is defined in Pa. R.C.P. 1910.16-6(c). By the Co Edward E. Guido, J. Cc: Deborah L. Eberly Lee F. Eberly Susan M. Kadel, Esquire For the Plaintiff Philip H. Spare, Esquire For the Defendant DRO !'a ?.a ?.._ _ ?? ? ?? c? . .?y r ;? ?.: r? ?? ? • ?? ? J ?^? r -?C_J ?S:;t ' ?' "r ; ? .. ? C : ??i t ?'? ?^ Y? ? ? 1J ?"? DEBORAH L. EBERLY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION PACSES NO. 692105595 LEE F. EBERLY, Defendant DOCKET NO. 03-2172 CIVIL IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before MICHAEL R. RUNDLE, Support Master, Cumberland County Domestic Relations Office, 9 North Hanover Street, Carlisle, Pennsylvania, on December 2, 2004, in the Support Master's Hearing Room APPEARANCES: SUSAN M. KADEL, Esquire For the Plaintiff PHILIP H. SPARE, Esquire For the Defendant 1 THE MASTER: We are here in the matter of 2 Deborah L. Eberly versus Lee F. Eberly, case docketed to 3 03-2172 CIVIL. Before me is a claim for Alimony Pendente 4 Lite filed by the Plaintiff on July 28, 2004. 5 Present are both parties together with their 6 counsel, Susan Kadel, Esquire, on behalf of the Plaintiff 7 and Philip Spare, Esquire, on behalf of the Defendant. 8 The parties have reached a comprehensive 9 agreement as follows. 10 The interim order entered on September 20, 11 2004, in the amount of $2,076.00 per month effective 12 July 28, 2004 will remain in full force and effect through 13 November 30, 2004. Any arrearages that may have accrued on 14 said order through November 30th will be remitted based upon 15 direct payments of support made by the Defendant to the 16 Plaintiff. 17 Effective December 1, 2004, said order will 18 be modified as follows: 19 A. The Defendant will pay to the Pennsylvania 20 State Collection and Disbursement Unit as Alimony Pendente 21 Lite the sum of $4,008.00 per month. 22 B. The Defendant will provide health 23 insurance coverage for the benefit of the Plaintiff. 24 C. The Defendant will pay 90% of the 25 unreimbursed medical expenses incurred by the Plaintiff as 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that term is defined in Pa R.C.P. 1910.16-6(c). So agreed, Mr. Spare? MR. SPARE: Yes. THE MASTER: Ms. Kadel? MS. KADEL: Yes. THE MASTER: Thank you. (Whereupon, the hearing was adjourned at 2:05 p.m.) 3 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Vicky Stephenson Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ?L cl-,?-k k?, 2,2m?/ Kk,?A-?QPI?LL- Date Michael R. Rundle Support Master 4 N 4?? c'Z) Ci -Az- Y3 ? n e 3 -ti. y 71 t; ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist. of CUMBERLAND Date of Order/Notice 12/03/04 Tribunal/Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: EBERLY, LI3E F. Employee/Obligor's Name (Last, First, MI) 193-36-3667 Employee/Obligor's Social Security Number EBERLY LUMBER CO 6400101181 135 W ALLEN ST ?,` / Employee/Obligor's Case Identifier MECHANICSBURG PA 17055-6204 .!.>Cf• .2PV3-P/7, rI`- (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 4, 008.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 4, 008.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 924.92 per weekly pay period. $ 1.849.85 per biweekly pay period (every two weeks). $ 2.004. oo per semimonthly pay period (twice a month). $ 4.008. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: DEC - 6 2004 Service Type M BY THE COURT: i 14 5>w 4oej D DO Cot= Form EN-028 OMB No.: 0970-0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke you are required to provide a copy of this form to your mployee. If yo r employee works in a state that is dierent from the state that issued this order, a copy must be proviged to your emplyoyee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor, 4.* Reporting the Paydate/Date of Withholding. You must report the paydate/date of withholding when sending the payrnent. The paydate/date of withholding is the date on which arnow it was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2313103320 EMPLOYEE'S/OBLIGOR'S NAME: EBERLY, LEE F. EMPLOYEE'S CASE IDENTIFIER: 6400101181 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker I D $ IATT OMB No.: 0970-0154 4 ADDENDUM Summary of Cases on Attachment DefendanWbligor: EBERLY, LEE F. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number Plaintiff Name ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the ernployee's/obligor's employment. PACKS Case Number Plaintiff Name ?lfchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN-028 Worker I D $ IATT "T1 fM ? .. , ? ? {'11 ice. -;-a r ? -1 e ".? C? ? ? , ? . , ., ,C ? i -; t"3 =7 DEBORAH L. EBERLY Plaintiff V. LEE F. EBERLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Deborah L. Eberly, Plaintiff, moves the court to appointment a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Keith O. Brenneman, Esquire. (3) The statutory ground(s) for divorce are Section 3301(c) of the Divorce Code. (4) Delete the inapplicable paragraph(s): (a) The action is contested with respect to the following claims: Divorce, Alimony, Alimony Pendente Lite, Distribution of Property, Counsel Fees and Costs and Expenses. (5) The action involves complex issues of law or fact. (6) The hearing is expected to take two (2) days. (7) Additional information, if any, relevant to the motion: None Respectfully submitted, Date: , d , S _ of v u 5 Susan . Kadel, Esquire Attorney for Plaintiff, Deborah L. Eberly James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney I.D. No. 44837 DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Deborah L. Eberly, hereby certify that I have served a copy of Plaintiffs Motion for Appointment of Master on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 DATE: a S vv JAMES, SMITH, DIETTERICK & CONNELLY By: Z02, ?- Susan . Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 ??C1 'S T 7 G (J . ORIGINAL DEBORAH L. EBERLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- DIVORCE DOCKET NO. 2003-2172 LEE F. EBERLY, Defendant : PACSES CASE NO. 692105595 INCOME AND EXPENSE STATEMENT OF: DEBORAH L. EBERLY MONTHLY YEARLY (Fill in appropriate column) EXPENSES Home Rent $950.00 $11,400.00 Maintenance Utilities Electric $99.80 $1,197.60 Gas $71.69 $860.29 Oil Telephone AT&T $126.24 $1,514.94 Verizon $89.96 $1,079.56 Water Sewer Employment Public Transportation $20.00 $240.00 Lunch MONTHLY YEARLY (Fill in appropriate column) Taxes Real Estate Personal Property Income Insurance Renters Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Counseling Hospital Medicine Contacts Education Private School College $23.66 $284.00 $160.08 $1,921.00 $40.83 $490.00 $73.04 $876.52 $117.16 $1,406.00 $75.83 $910.00 $202.69 $2,432.31 $65.66 $788.00 MONTHLY YEARLY (Fill in appropriate column) Personal Clothing $174.01 $2,088.12 Food $366.59 $4,399.08 Barber/Hairdresser $106.39 $1,276.69 Drycleaners $15.46 $185.55 Credit Card Payments Memberships Loans Credit Union Miscellaneous Household Help Postal/ Copying Charges $44.16 $529.92 Books/Cards $43.50 $522.00 Entertainment $85.68 $1,027.62 Cable TV $49.62 $595.49 Computer $15.00 $180.00 Vacation $35.61 $427.35 Gifts $207.83 $2,494.00 Legal Fees $1,637.15 $19,645.90 Charitable Contributions $12.50 $150.00 Housewares $115.23 $1,382.82 TOTAL EXPENSES $5,025.40 $60,304.76 Income and Expense Statement PACSES Case Number 592105595 Section III-. Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot he determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent $ $ $ M i --- ntenance a Utilities Electric $ $ $ Gas Oil Telephone W ter a S ewer E to ment Public Transport. $ $ $ Lunch Taxes Re l estate - a Personal Property --- Insurance Homeowner's $ $ $ Automobile Life Accident - - Health Other Automobile P t $ aymen s - Fuel R i rs epa -- Medical Doctor $ $ $ Dentist Orthodontist ------- Hospital Medicine pecra nee (glasses orthodie e, brdaces, vices EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $` - $----'• hi l S h l P - --- aroc a oo c College -- ------ R li i - e g ous Personal Clothing $ $ $ Food arbed Hairdresser Credit Payments Credit Card Charge hi M b ---- ers em ps pans $ Credit Union $- . Miscellaneous h ld H l H $ - ° ouse o e p ---a-. .?------ Child care - ------ Papers/books Maimzines Entertainment Pay TV Vacation Gifts Legal fees Charitable ? S Other Ctdtd Alimony - Prorments ?- '--_-__ Other $ $ Total WEEK MONTH YEAR Ex nses $ $ $ I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date Plaintiff or Defendant Service Type M Page 3 of 3 Form IN-008 Worker ID 21205 DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Deborah L. Eberly, hereby certify that I have served a copy of Plaintiffs Income and Expense Statement on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 DATE: S ddS? JAMES, SMITH, DIETTERICK & CONNELLY -- Susan . Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 C7 p1 T C- q cr+ t ro ORIGINAL DEBORAH L. EBERLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY, : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY OF DEBORAH L. EBERLY 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 (3) 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 unworn falsification to authorities. Date: Deborah L. Eberly, Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property (X) 2. Motor vehicles O 3. Stocks, bonds, securities and options O 4. Certificates of Deposit O 5. Checking accounts, cash (X) 6. Savings accounts, money market () 7. Contents of safe deposit boxes O 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities O 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties O 14. Personal property outside the home (X) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) O 16. Employment termination benefits - severance pay, workman's compensation claim/award (X) 17. Profit sharing plans O 18. Pension plans (indicate employee contribution and date plan vests) O 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments O 21. Litigation claims (matured and unmatured) O 22. MilitaryN.A. benefits O 23. Education benefits O 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION NAMES OF ALL OF PROPERTY OWNERS 1 Marital Home Husband and Wife 505 S. Market Street Mechanicsburg, PA 1 Shore Home Husband and Wife 11019 Sunset Drive Stone Harbor, NJ 1 Increase in value of real estate Husband - 50% 155.8 Acre Farm Ira S. Eberly, III - 50% Upper Allen Township, Mechanicsburg 1 Eberly Lumber Co. Properties Lee F. Eberly - 50% 135 W. Allen St.; 52 N. York Ira S. Eberly, III - 50% St.; W. Strawberry Ave., Mechanicsburg, PA 2 Toyota Supra Husband 2 Ford Truck Husband 9 Life Insurance (cash value) Husband 6 Merrill Lynch CMA Account Wife ITEM NUMBER DESCRIPTION NAMES OF ALL OF PROPERTY OWNERS 15 Eberly Lumber Company Husband Lee Eberly - 40.06% interest (Ira S. Eberly, III - 59.2%) (Anna Eberly - 0.74%) 16 Eberly Associates Husband Real Estate Partnership Lee Eberly - 49% Ira S. Eberly, III - 49% Eberly Lumber- 2% 17 Eberly Lumber Profit Sharing Husband Plan 25 Personal Property/Antiques Husband and Wife 26 Coin Collection Husband 26 Stamp Collection Husband NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NUMBER DESCRIPTION REASON FOR OF PROPERTY EXCLUSION 2 Honda Pilot SUV Husband asserts purchased with non-marital funds 2 Speedboat Husband asserts purchased with non-marital funds 5 Orrstown Bank Husband asserts funded with Account #111000435 non-marital funds 6 Merrill Lynch Account Husband asserts funded with (CMA & IRA) non-marital funds PROPERTY TRANSFERRED ITEM DESCRIPTION DATE OF CONSIDERATION TRANSFEREE NUMBER TRANSFER 2 Honda S - 2000 Post-separation $20,975.00 Burke Motor Group (W) trade-in LIABILITIES ITEM NUMBER I DESCRIPTION CREDITORS DEBTORS NONE DEBORAH L. EBERLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Deborah L. Eberly, hereby certify that I have served a copy of Plaintiff's Inventory and Appraisement on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 DATE; ,k ? S ??d S JAMES, SMITH, DIETTERICK & CONNELLY By:1? _ Susan M. Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 ? ? r? ?, <? -. ;?, ti P ???? i CR i:- 3 !" -cs `„22 ,? `? ?`A _ l .+. ? ? - DEBORAH L. EBERLY, Plaintiff V. LEE F. EBERLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2172 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): X (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 two 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to claiming the economic relief as indicated above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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. § 4904 relating to unsworn falsification to authorities. i Date: c;i'ez - Lee F. EberlyAefendant LAW OFRCES SNELBAKER & NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE BRENNEMAN, P.C. DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. f .' P+.> `ry -. . .-L _; .. t _ ?: ... DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Date of Marriage: June 20, 1970 Date of Separation: January 1, 2003 Divorce Complaint filing date: May 7, 2003 1. ASSETS A. Marital Property Value/Date of Valuation Lien/Encumbrance 1. Marital Residence $335,000.00/November 14, 2005 No 505 S. Market St. Mechanicsburg, PA * rental value: $1,600.00 month 2. Shore Property $1,950,000.00/October 28, 2005 No 11019 Sunset Dr. Stone Harbor, NJ 3. Increase in value of $462,500.00 No farmland/home in Upper Allen Township (Mr. Eberly's'/2 interest) April 1, 1991 5725,000.00 January 1, 2003 $1,650.00 $925,000.00 increase in value V2 interest = $462,500.00 Value/Date of Valuation 4. Eberly Associates $749,700.00 (Real Estate Partnership) Real Estate Value: $1,530,000.00 (49%) I.S. Eberly III; 49% share Lee Eberly, 49% share Eberly Lumber; 2% share 5. Eberly Lumber Company $590,000.00 *increase in value during the marriage; girlfriend to Lee in 1970's 40% ownership I.S. Eberly III (President); 50% ownership Lee Eberly, 40% ownership 6. Merrill Lynch CMA $101,096.00 Account (W) 01/01/03 value (CMA: $97,287.00) (Roth IRA: $3,808.00) 7. Personal Property in Home $90,260.00 (antiques) 8. Honda S 2000 (W) $20,975.00 Traded-in on 2004 Subaru Legacy after separation Trade-in value $20,975.00 9. Toyota Supra (H) 10. Ford Truck (H) Lien/Encumbrance No No 11. Eberly Lumber $847,159.43 (plus increase in value; exclusive of Profit Sharing Plan contributions, since date of separation) 02/28/03 $847,159.43 02/28/04 $1,131,401.22 (need post-separation contributions and current value) Value/Date of Valuation 12. Life Insurance (cash value) 8/18/04 13. Coin Collection (H) 14. Stamp Collection B. Non-marital Property $34,405.52 Value/Date of Valuation 1. Honda Pilot SUV (H) $26,037.30 (sold to daughter for Kelly Blue Book value) 2. Merrill Lynch Account (H) $1,045,535.45/August 31, 2004 CMA & IRA Lien/Encumbrance Lien/Encumbrance No No 3. Speedboat (H) $131,211.00/June 2002 No 4. Orrstown Bank Account (H) $10,000.00 as of April 10, 2003 #111000435 2. EXPERT WITNESSES A. Jane L. Gummel, SCRREA 7407 New Jersey Avenue Wildwood Crest, NJ 08260 Ms. Gummel conducted an appraisal of the marital real estate located at 11019 Sunset Drive, Stone Harbor, New Jersey, 08248, as well as providing an opinion with regard to the rental value of said property. Ms. Gummel will testify regarding her methodology and her conclusion of value. B. George C. Clauser, SRA Clauser Real Estate Appraisals Post Office Box 777 Camp Hill, PA 17001-0777 Mr. Clauser conducted an appraisal of the marital home located at 505 S. Market Street, Mechanicsburg, Pennsylvania, 17055, as well as the farm land and Eberly Lumber Company real estate. Mr. Clauser will testify regarding his methodology and conclusions of value. C. William G. Rowe, Appraiser Linden Hall Antiques 211 Old Stone House Rd. Carlisle, PA 17013 Mr. Rowe conducted an appraisal of the antiques located at the marital home and will testify regarding his opinion of value. D. Reuel R. Deppen Smoker, Smith & Associates, PC 339 W. Governor Rd. Hershey, PA 17033 Mr. Deppen performed a business valuation with respect to Eberly Lumber Company, Inc. and will testify regarding his methodology and opinion of value. 3. NON-EXPERT WITNESSES Plaintiff knows of no non-expert witness at this time with exception to the parties. However, Plaintiff reserves the right to supplement this answer should such become available. 4. EXHIBITS Copies of all real estate and personal property appraisal reports have previously been exchanged by counsel for the parties and may be introduced at the hearing if stipulations as to value are not reached, with the exception that Husband's real estate appraisal for Eberly Associates has not yet been completed. 2. Business valuation of Eberly Lumber Company dated February 28, 2003; attached. 3. Eberly Lumber Company Profit Sharing Plan statement dated February 28, 2003; attached. A current statement has been requested. 4. Income and Expense Statement of Deborah Eberly; attached. 5. Deborah Eberly's Merrill Lynch CMA account statement as of January 1, 2003; attached. 6. Deborah L. Eberly and Lee F. Eberly's 2004 Federal Income Tax Return; previously exchanged by counsel. 7. Support Order dated December 2, 2004; attached. 8. Statement of Lee Eberly's life insurance, cash surrender value dated August 18, 2004; attached. 9. Copy of Lee Eberly's invoice with Intrepid Powerboats, Inc. dated June 11, 2002; attached. 10. Trade-in documentation for Deborah Eberly's 2004 Subaru Legacy; attached. 11. Lee Eberly's Merrill Lynch CMA account #872-39187 statement as of August 31, 2004; attached. 12. Copy of Linden Hall Antiques appraisal report of April 6, 2004; attached. 5. NET INCOME A. Plaintiff - Plaintiff is not employed. She receives the amount of $4,208.00 per month in spousal support, $4,008.00 paid pursuant to Court Order and $200.00 paid per Agreement. B. Defendant - See 2004 Federal Income Tax Return. 6. EXPENSES A. Plaintiff - Income and Expense Statement. B. Defendant - Defendant's Income and Expense Statement. 7. PENSIONS/RETIREMENT Plaintiff, Deborah L. Eberly - The only retirement asset in Wife's possession is a Roth IRA with Merrill Lynch having an approximate value of $4,281.00. Defendant, Lee Eberly - Defendant has a Profit Sharing Plan with Eberly Lumber Company which had a value as of February 28, 2004 of $1,131,401.22. 8. COUNSEL FEES/EXPERT FEES Plaintiff, Deborah Eberly, has incurred the following amounts for retention of experts in this matter and is requesting reimbursement at the time of the hearing. They are as follows: 1. Jane L. Gummel, rental value calculation 2. Jane L. Gummel, appraisal of shore property 3. George Clauser, appraisal of marital home 4. George Clauser, appraisal of Eberly Lumber Property 5. George Clauser, appraisal of Eberly Farm Property 6. Linden Hall Antique Appraisal 7. Reuel Deppen, expert fees for valuation of Eberly Lumber Company (exclusive of testimony at trial, if necessary). 9. PERSONAL PROPERTY DISPUTE None. 10. DEBTS None. 11. PROPOSED RESOLUTION $110.00 $350.00 $350.00 $3,000.00 $2,500.00 $330.00 $4,075.00 $10,715.00 Deborah Eberly is requesting a 60/40 distribution of the marital estate in her favor, in addition to permanent alimony to be adjusted for the cost of living. Respectfully submitted, Date: /Z /?rj?0 J By: ! l Susan M. Kadel, Esquire Attorney for Plaintiff, Deborah L. Eberly P.O. Box 650 Hershey, PA 17033 (717) 533-328 PA I.D. No. 44837 DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Deborah L. Eberly, hereby certify that I have served a copy of Plaintiffs Pre-trial Statement on the following on the date and in the manner indicated below: RAND DELIVERY E. Robert Elicker, II, Esquire Keith O. Brenneman, Esquire Cumberland County Divorce Master Snelbaker, Brenneman & Spare 9 North Hanover Street 44 West Main Street Carlisle, PA 17013 Mechanicsburg, PA 17055 DATE: JAMES, SMITH, DIETTERICK & CONNELLY By---; Susan . Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 i y EBERLY LUMBER COMPANY, INCORPORATED Business Valuation February 28, 2003 TABLE OF CONTENTS Page Opinion Letter and Limiting Conditions ..........................................................................1 Introduction: Purpose of Valuation ...................................................... ...........................................3 Standard of Value ........................................................... ...........................................3 Approach ........................................................................ ...........................................3 Description of Company ................................................. ...........................................3 Ownership of Stock Shares ............................................ ...........................................4 Sources of Information ................................................... ...........................................4 Economic Outlook: National Economy ..................................................... ................................................5 Overview .................................................................... ................................................5 Interest Rates ............................................................ ................................................5 Employment ............................................................... ................................................5 Inflation ...................................................................... ................................................5 Stock Market .............................................................. ................................................5 Pennsylvania Economy ............................................. ................................................6 Local Economy .......................................................... ................................................6 Summary ................................................................... ................................................6 Building and Lumber Supplies Industry: Statistics and Developments ......................................................................................7 Company Information: Products, Operations and Management ....................................................................9 Financial Information: Balance Sheets .......................................................................................................10 Income Statement ...................................................................................................10 Determination of Value: Nature of the Security ..............................................................................................11 Methods of Valuation ...............................................................................................11 Capitalization of Earnings Method.. ............................................. - ......... ...................... 12 Valuation Conclusion .......................................................................................................13 Exhibit 1 - Balance Sheets ................................................................................................14 Exhibit 2 - Income Statements ..........................................................................................15 Exhibit 3 - Comparative Income Statement ......................................................................16 Exhibit 4 - EBITDA ............................................................................................................17 Exhibit 5 - Capitalization Rate ...........................................................................................18 Exhibit 6 - Estimate of Value .............................................................................................19 Exhibit 7 - Qualifications of Analyst ..................................................................................20 SMOKER, SMITH NPAC & ASSOCIATES P.C. CERTIFIED PUBLIC ACCOUNTANTS A.Higl7erLevel of Commitment Susan Kadel, Esquire James, Smith, Dietterick & Connelly, LLP 134 Sipe Avenue Hummelstown, PA 17036 RE: Eberly v. Eberly We have prepared our valuation report of EBERLY LUMBER COMPANY, INCORPORATED (the Company) dated December 6, 2004. The purpose of this valuation is to render an opinion as to the fair market value of 40.06% (601 shares) of the common stock, voting shares (non-controlling interest) of the Company as of February 28, 2003, for purposes of determining equitable distribution. The 601 shares representing the 40.06% interest are owned by Lee F. Eberly. Based on our study and the financial information provided, we have concluded the fair market value of 40.06% of the outstanding common stock of EBERLY LUMBER COMPANY, INCORPORATED as of February 28, 2003 is $590,000. Fair market value is defined as the cash price at which a business would change hands between a hypothetical willing buyer and seller, neither under compulsion to buy or sell and both having reasonable knowledge of relevant facts. We have no present or contemplated financial interest in the Company. Our fees for this valuation are based on our normal billing rates, and in no way is contingent upon the results of our findings or conclusions. This report was prepared specifically for the purpose of valuing the Company's common stock as of February 28, 2003 for purposes of equitable distribution. It is intended for no other purpose. This report is not to be copied or made available to any other persons without the express written consent of Smoker, Smith & Associates, P.C. In addition, the report was specifically prepared to value a minority interest in the voting shares of the Company. Had we valued the Company for any other purpose or used another premise of value, the result could be different, and the difference could be substantial. Our report is based on historical financial information reported in the Company's compiled financial statements and federal income tax returns. This information was provided to us by the Company's certified public accountants. Had we audited or reviewed the underlying data, matters may have come to our attention which would have resulted in using amounts which differ from those provided. Accordingly, we take no responsibility for the underlying data presented in or relied upon in this report. 339 West Governor Road, Hershev, PA 17033 • (717) 533-5754 • Fax (717) 533-1442 • Toll Free (888) 277-1040 Members of American and Pennsylvania Institutes of Certified Public Accountants www.smokersmith.corn The estimate of value included in this report assumes that the existing Company will maintain its character and integrity through any sales, reorganization, or any reduction of any owner or manager's participation in the existing activities of the business. We have relied upon representations of owners and management concerning the condition and legal ownership of all equipment, real estate, and investments used in the business. We have not attempted to confirm whether or not all assets of the business are free and clear of liens and encumbrances, or that the Company has good title to all assets. We take no responsibility, nor have we considered the responsibility of any parties with regard to environmental impact matters, or other governmental regulations such as OSHA, or state and federal employment regulations. Smoker, Smith & Associates, P.C. does not purport to be a guarantor of value. Valuation of closely held businesses is an imprecise science, with value being a question of fact, and reasonable people can differ in their estimates of value. We have, however, used conceptually sound and commonly accepted methods and procedures of valuation in determining the estimate of value included in this report. The scope of this valuation engagement and valuation report was limited to representations made to us with respect to the financial and operational performance of the Company. If we had been engaged to perform a more detailed analysis, matters may have come to our attention that could have a material effect on the opinion of value contained in this report. Possession of this report, or a copy thereof, does not carry with it the right of publication of all or any part of it, nor may it be used for any purpose by anyone but the addressee without previous written consent of both Smoker, Smith & Associates, P.C. and the addressee and, in any event, only with proper attribution. This analysis and report have been prepared in accordance with standards established by the National Association of Certified Valuation Analysts. Report prepared by: Reuel R. Deppen, CPA, CVA SMOKER, SMITH & ASSOCIATES, P.C. INTRODUCTION Purpose of Valuation: The purpose of this report is to render an opinion of the fair market value of 40.06% of the common stock (non-controlling interest) of the Company as of February 28, 2003, for purposes of equitable distribution in the case of Lee Eberly v. Deborah Eberly. Standard of Value: The term "fair market value" is defined as the price at which a business would change hands between a hypothetical and willing buyer and seller, neither under compulsion to buy or sell and both having reasonable knowledge of all relevant facts. Approach: Our approach has been to determine an estimate of value which would provide a fair and reasonable return on investment to an investor or owner, in view of the facts available to us at this time. Our opinion is based on, among other things, estimates of risks facing the Company and the return on investment required on alternative investments with similar levels of risk. We performed analysis of the financial data and considered various methods of valuation in our analysis. Both internal and external factors which influence the value of the Company were considered. Internal factors include the Company's financial position, results of operations, and the size and marketability of the interest being valued. External factors include, among other things, the status of the industry and the economy. Our valuation also considered factors discussed in Revenue Ruling 59-60, which includes the nature of the business, the economic outlook, the book value of the Company's stock, the earnings capacity of the Company, goodwill or other intangible value, sales of the Company's stock, the size of the block to be valued, and the sales of stock of companies in a similar business. Description of the Company: Eberly Lumber Company, Incorporated is a privately owned business that is a retailer of building materials, tools and certain related products and services. The Company has operated from a facility at 135 West Allen Street since 1948. The property at 135 West Allen Street and certain related parcels are owned individually by the shareholders of Eberly Lumber Company. One parcel of real estate is owned by the corporation. -3- ECONOMIC OUTLOOK National Economy: We considered the economic forecast and conditions as of February 28, 2003. Overview: The PNC National Economic Outlook Report for January 2003 indicates "the Federal Reserve's recent aggressive easing, along with the likely passage of an investor friendly tax cut, makes us confident that the U.S. Economy will not relapse into a double-dip recession." The February 2003 report indicated "tax cuts and low interest rates will help the economy improve after geopolitical risks abate." Interest Rates: The prime lending rate was 4.75% from December 12, 2001 to November 7, 2002. The prime lending rate decreased to 4.25% on November 7, 2002, and decreased an additional .25% to 4.00% on June 27, 2003. Employment: The federal unemployment rate was 4.0% in 2000, 4.8% in 2001, and 5.8% in 2002. The January 2003 PNC Economic Outlook Report estimated the federal unemployment would be 5.8% in 2003. Inflation: Measured by the Consumer Price Index (CPI), inflation was 3.4% in 2000, 2.8% in 2001, 1.5% in 2002. The January 2003 PNC Economic Outlook Report estimated the CPI would be 2.5% in 2003. Stock market: The Dow Jones Industrial Average was 10,106 on January 1, 2002 and closed the year at 8,341 on December 31, 2002. -5- Pennsylvania Economy: Pennsylvania is estimated to have a civilian labor force of 6,098,000 individuals. The unemployment rate in Pennsylvania was 5.7% in 2002, and the PNC Regional Economic Report estimated the unemployment will be 6.1% in 2003. These levels closely approximate the national level of unemployment. Local Economy: The Company is located in Mechanicsburg Borough, Cumberland County, Pennsylvania. Information from Pennsylvania Quickfacts, (largely obtained from census data and information from the Pennsylvania Department of Labor and Industry, Bureau of Labor Statistics) indicates the Harrisburg-Carlisle-Lebanon MSA has a civilian labor force of 353,000 workers. The Pennsylvania Department of Labor and Industry indicates the unemployment rate in Cumberland County was 4.3% in May 2003. Summary: In the beginning of 2003, the national and Pennsylvania economies were experiencing modest growth with controlled inflation, tempered by uncertainty about events in the Middle East. There were indications interest rates would remain stable in 2003 and into 2004. We believe the economic outlook at February 28, 2003 is very favorable towards real estate, home construction, and to the Company, particularly with respect to interest rates. -6- BUILDING MATERIAL SUPPLY INDUSTRY Overview: The industry is classified under Standard Industrial Code (SIC) 5211 or NAICS Code 444100. It can be divided into three groups: the largest national providers, other national and regional providers, and local providers. Home Depot is the largest retailer of building supplies with sales of $58.2 billion for the fiscal year ended February 2, 2003. Lowe's is the second largest retailer with sales of $26.5 billion for the fiscal year ended January 31, 2003. Home Depot and Lowe's operated 1,370 and 854 stores respectively as of February 2, 2003 and January 31, 2003. Weekly sales per store for Home Depot and Lowe's were $772,000 and $596,000 respectively. 84 Lumber reported sales of $2.5 billion in 2003. Guardian Building Products reported sales of 1.3 billion in 2003. There are as many as 50,000 retailers in the regional and local category. Building material retailers primarily serve one of two groups - the do-it yourself customer or local building contractors. Home Depot and Lowe's serve primarily the do-it-yourself customer. The remaining businesses primarily serve building contractors. The industry is "local", seasonal, and highly cyclical and is dependent upon real estate conditions and real estate construction. Since 2000, the industry has benefited from a strong real estate market and low interest rates. The September 2004 edition of Builder magazine includes a report titled "Sustained Sizzle" indicating "the housing market continues to outperform expectations." Home Depot sales increased by 5 billion or 8.7% in the fiscal year ended February 2, 2003, Lowe's sales increased by 4.3 billion or 19.8%, and 2003 sales for 84 Lumber increased 18.6%. Home Depot's gross profit was 31 % for the fiscal year ended February 2, 2003 and 30.1 % for the fiscal year ended February 3, 2002. Integra Information reports that 1,128 companies reporting to them with annual sales ranging from $5 million to $10 million have average gross profit of 24.6% and that 1,697 companies reporting to them with annual sales of $2.5 million to $5 million have average gross profit of 26.8%. -7- a The market performance of Home Depot and Lowe's has been very favorable over the past ten years. The market prices of the common stock for Home Depot and Lowe's are (the 1993 price is adjusted for subsequent stock splits): Symbol Price 2/26193 Price 2/28/03 HD $10.60 $23.45 LOW $ 3.56 $39.30 Eberly Lumber Company, Incorporated is an independently owned local retailer. Sales for the fiscal years ended February 29, 2004 were $6.1 million, and gross profit was $1.3 million or 22.1 % of gross sales. The Company had approximately 20 full time employees resulting in sales per full time employee of $305,000. -8- COMPANY INFORMATION Products, Operations and Management: The Company sells building products primarily to local contractors. Products include engineered lumber products, millwork, lumber, plywood, trusses, windows, doors, paint as well as hand and power tools and builder's hardware. Ira S. Eberly and Lee Eberly manage the Company and have worked for the organization for several decades The Company's customers can be primarily classified as builders, contractors, or remodelers. The type of customer for the years ended February 29, 2000 to February 28, 2003 is: 2/29/00 2/28/01 2128102 2/29/03 Builders 94 96 92 97 Contractors 86 77 65 64 Remodelers 178 175 186 179 The dollar amount and percentage of sales to each type of customer for the fiscal year ended February 29, 2003 is: Builders $3,316,796 53.5% Contractors $ 504,606 8.1% Remodelers $ 600,955 9.7% Retail $ 836,087 13.5% Other $ 934,794 15.2% The Company is a shareholder member of Lumbermen's Merchandising Corporation (LMC), a trade cooperative that is organized to maximize the purchasing power of its members. According to the LMC website, LMC members operate from 1,103 locations in 45 states, and there are 300 shareholder members. Eberly Lumber is a shareholder member of LMC, owing 80 shares of LMC common stock, 87 shares of class A common stock, and 14 shares of class B common stock. -9- FINANCIAL INFORMATION Financial information used to prepare this report consists of balance sheets and income statements as of and for the fiscal years ended February 29, 2000 to February 29, 2004, as reported on the accrual basis in the company's financial statements that were compiled by Greenburg & Company, Certified Public Accountants. Balance Sheets: Exhibit 1 summarizes the Company's balance sheets for the years ended February 29, 2000 to February 28, 2003. Exhibit 1 also includes the Company's balance sheet for the fiscal year ended February 29, 2004. As of February 28, 2003, total assets equal $1,648,096. Current assets equal $1,264,367 or 77.9% of total assets. Accounts receivable consist of balances due from customers. The direct write-off method is used to account for bad debts. Inventory consists primarily of building supplies, but also builder tools and supplies. The recorded value of property and equipment is $681,057. This balance consists primarily of vehicles, office and yard equipment, and real estate improvements. The book value of property and equipment is $264,696. Liabilities total $333,462, which consists of trade accounts payable, accrued expenses, and deferred income taxes. The Company has no short term or long-term interest bearing financing. It is substantially debt free except for its trade obligations. Income Statements: Exhibit 2 summarizes the Company's income statements for the fiscal years ended February 29, 2000 to February 29, 2003. The Company's income statement for the fiscal year ended February 29, 2004 is also included in Exhibit 2. Annual sales were discussed above under company information. Gross profit as a percentage of sales was 19.88%, 23.08%, and 21.72% for the fiscal years ended February 29, 2000 to February 28, 2003. Gross profit was 22.13% of sales for the fiscal year ended February 29, 2004. Home Depot and Lowe's operate in the same industry as Eberly Lumber Company but serve distinctly different customers. Home Depot and Lowe's customers are primarily DIY; regional and local retailers serve primarily builders and contractors. As noted above, 71% of the Eberly Lumber Company's business is with builders and contractors. The Company's financial results were compared to the financial results of companies in the same industry with similar levels of sales. Exhibit 3 shows the comparison of financial results for Eberly Lumber Company compared to financial results for 1,128 companies with sales ranging from $5,000,000 to $9,999,999 that reported to Integra Information. -10- DETERMINATION OF VALUE Nature of the Security: The security to be valued is shares of common voting stock representing a non-controlling 40.61 % interest in Eberly Lumber Company, Incorporated. Methods of Valuation: We considered several methods that could be used to determine the fair market value of the Company. A market data approach compares the results of a company or companies of similar size and nature to the financial data of the company to be valued. To be "comparable", a company must be in a similar line of business, have a similar competitive position, have similar historical rates of growth, similar levels of profitability, offer a similar product line, and have a similar level of sales volume and assets. We did not locate recent sales of similar companies. However, we did note sales of companies in the same industry classification and with similar levels of gross sales. These transactions were completed at multiples of gross sales ranging from 30% to 78% of gross sales, with most in the 50% to 60% range. In accordance with Revenue Ruling 59-60, we considered the book value (net tangible assets or net assets) of the Company in reaching our conclusion of value. - 11 - CAPITALIZATION OF EARNINGS METHOD The capitalization of earnings method estimates the value of a business (market value of invested capital) based on future estimated earnings to be generated by the Company. In this method, the economic income to be capitalized is EBITDA (earnings before interest, taxes, depreciation, and amortization). This result is reduced by interest bearing debt obligations, current assets are added, current liabilities are subtracted, and other non-operating assets are added to arrive at the equity value of the Company. EBITDA is calculated in Exhibit 4. We determined the capitalization rate using the "build- up" method. This calculation is shown in Exhibit 5. -12- VALUATION CONCLUSION As indicated in Exhibit 6, in our opinion, the fair market of 40.06% of the common stock of Eberly Lumber Company, Incorporated (non-controlling interest), as of February 28, 2003, is $590,000 or $981.70 per minority share. Our conclusion is subject to the assumptions and limitations set forth in this report, that all information obtained from the owners and other representatives of the Company, including information used in the compilations and tax returns, is substantially correct, and that there are no undisclosed situations or circumstances that would materially affect the valuation of the Company. Report Prepared by: o4elll am, ?/'1?r Cr/? Reuel R. Deppen, CPA, CVA December 6, 2004 -13- EBERLY LUMBER - Exhibit 1 Comparative Balance Sheets As of the last day in February Current Assets: Cash and Equivalents Accounts Receivable Accounts Receivable - Other Income Tax Refund Receivable Inventory Prepaid Expenses Total Current Assets Property & Equipment Land Buildings Furniture and Fixtures Machinery & Equipment Vehicles Less: Accumulated Depreciation 2/29/2004 212812003 2/28/2002 2128/2001 2/2912000 $ 127,503 $ 132,739 $ 584,516 359,286 7,436 572 - 7,221 205,475 $ 187,729 $ 13,236 395,442 384,707 362,563 1,697 - 1,386 697,182 730,190 645,382 640,720 827,851 33,708 34,359 34,669 32,453 37,195 1,450,345 1,264,367 1,282,665 1,245,609 1,242,231 12,092 12,092 12,092 12,092 12,092 173,373 173,373 173,373 173,373 173,373 109,875 104,168 108,838 108,838 109,437 85,682 85,682 85,682 85,682 67,472 343,936 305,742 282,739 252,938 252,938 724,958 681,057 662,724 632,923 615,312 (465,841) (416,361) (388 677) (369 260) (345 765) 259,117 264,696 274,047 263,663 269,547 Investment in Cooperative Stocks 21,700 21,700 21,800 21,900 23,675 Investment in Eberly Associates 10,944 9,225 7,519 5,842 4,303 Cash Surrender Value of Life Insurance 119,394 88,108 87,858 87,507 87,116 TOTAL ASSETS $ 1,861,500 $ 1,648,096 $ 1,673,889 $ 1,624,521 $ 1,626,872 Current Liabilities Accounts Payable $ 294,236 $ 226,872 $ 235,437 $ 319,540 $ 292,514 Accrued Expenses 139,444 61,158 101,888 31,314 72,749 Total Current Liabilities: 433,680 288,030 337,325 350,854 365,263 Deferred Income Taxes 46,976 45,432 41,625 42,059 37,312 Total Liabilities 480,656 333,462 378,950 392,913 402,575 Shareholders' Equity: Common Stock 150,000 150,000 150,000 150,000 150,000 Retained Earnings 1,230,844 1,164,634 1,144,939 1,081,608 1,074,297 Total Shareholders'Equity 1,380,844 1,314,634 1,294,939 1,231,608 1,224,297 TOTAL LIABILITIES and SHAREHOLDERS' EQUITY $ 1,861,500 $ 1,648,096 $ 1,673,889 $ 1,624,521 $ 1,626,872 14- O e o o a ?e a°e ?e o v o ? e o o e a°ao 0 o e o o '.0 0 0 0 0 0 o a e ? 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E U) co m D) w O of m N m N O O I? N (O t m O D) O M O N M I M m N m O m (O 7 O O m m r O N N co V m O Vn (D M (DM - N(O M M ^ r m y N N N r N N N ? et Nt -I r E N In 7 ? y N W N m O N O O O O (O O O N O M moomr-mm O O V m m { p N C! M 'It M N O O m m (O o] . . 'lz? (p ?y N O O N M N O .. 4 m (Li L6 N O N m "t I`- M m N I?' 0) 7 V' It V N (O I`- (D ) O ( N C ,) N O V f m ? N O m E ` o c co Q) w o) a O O ?° m Q E c c ? m co ° x D o a W N M Q 0 C E ? o C LU b 1° e i a m° °) w ? c E ?j ? U g n Q) m c m n C a o U v) . J O >- ff= m m c mW af O W O E N „ . ) c a ' ` ?' o ?' ° ) m z a X m o Co d) c . ( E o E W Em y D 06 v G1 O N N O C 41 U E d'0 N O N Q Q 'C OU W W UN 2UC? w U)0a¢co m0 O . . O z O EBERLY LUMBER - Exhibit 4 EBITDA Calculation 02/2B/03 Operating Income Contributions - Discretionary Add: Depreciation Depreciation EBITDA EBITDA Multiplier 2/29/2004 $ 23,481 4,319 35,320 14,160 77,280 4.89 $ 377,899 -17- EXHIBIT 5 EBERLY LUMBER COMPANY, INCORPORATED CAPITALIZATION RATE DECEMBER 31, 2002 Risk Free Rate (1) 4.83% Equity Risk Premiums (1) 12.10% Company Specific Risk 152% Capitalization Rate 20.45% Equals a Multiplier of: 4.89 (1) Source is Ibbotson Associates Stock, Bonds, Bills and Inflation, 2003 Yearbook. -18- EXHIBIT 6 EBERLY LUMBER COMPANY, INCORPORATED ESTIMATE OF VALUE FEBRUARY 28, 2003 EBITDA -2002 (FYE 2/28/03) $ 77,280 Multiplier 4.89 Asset Value 377,899 Add: Current Assets (2/28/03) 1,264,345 Less: Current Liabilities (2/28/03) ( 288,030) Add: Appraised Value of Garage Building 12,000 Add: Book Value of Cooperative Stocks 21,700 Add: Accounts Receivable 88.108 Fair Market Value 1,476,022 Fair Market Value, 40.06% Interest 591 204 SAY 590,000 Per-Share Fair Market Value, 40.06% Interest 981.70 -19- EXHIBIT 7 QUALIFICATIONS OF ANALYST REUEL R. DEPPEN, CPA, CVA Experience: Smoker, Smith & Associates, P.C., CPA's 8/1/99 to present Brown, Shultz, Sheridan & Fritz, CPA's Sheridan & Fritz, CPA's (merger with Brown Shultz) Coopers & Lybrand, CPA's (now PricewaterhouseCoopers) Education/Certification: 10/16/98 to 7/15/99 6/15/92 to 10/15/98 9/15/90 to 5/31/92 MBA, Pennsylvania State University, May 1990 BA, Pennsylvania State University, May 1986 AA, Harrisburg Area Community College, May 1988 CPA, Pennsylvania, November 1991 CVA, November 1997 Professional Associations: National Association of Certified Valuation Analysts American Institute of Certified Public Accountants Pennsylvania Institute of Certified Public Accountants -20- EBERLY LUMBER COMPANY PROFIT SHARING PLAN FOR THE PERIOD 03/01/2002 TO 02/26/2003 LEE EBERLY 193-36-3667 BIRTH DATE: 08/24/1947 HIRE DATE: 06/01/1968 PARTICIPATION DATE: 03/01/1969 TERMINATION DATE: 00/00/0000 EMPLOYER PRIOR BALANCE EARNINGS S GAIN (LOSS) TOTAL EMPLOYER (100%) VESTED $1,041,087.71 -193,928.28 $847,159.43 TOTAL ACCOUNT AT END OF PERIOD TOTAL VESTED AMOUNT $847,159.43 $847,159.43 ? 1 1 ? 1' 1 !`Yy+?!G? .?`"?'4. JS L nY 1 X'. 'f } ?ir -0'S "?1 *l M1 l ? 1 r ? , ? 5! . +laW .elF, p 4 b S.{? l?? r43 T y A LL' 5 ?F ? .` tC AY 4V } Pf F.i ? ? ? ? ? ??/ $y mou.n.nm neon - 1( 1•:. I DEBORAH L. EBERLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE DOCKET NO. 2003-2172 LEE F. EBERLY, Defendant : PACSES CASE NO. 692105595 INCOME AND EXPENSE STATEMENT OF: DEBORAH L. EBERLY MONTHLY YEARLY (Fill in appropriate column) Home Rent $950.00 $11,400.00 Maintenance Utilities Electric $99.80 $1,197.60 Gas $71.69 $860.29 Oil Telephone AT&T $126.24 $1,514.94 Verizon $89.96 $1,079.56 Water Sewer Employment Public Transportation $20.00 $240.00 Lunch Y Taxes Real Estate Personal Property Income Insurance Renters Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Counseling Hospital Medicine Contacts Education Private School College MONTHLY YEARLY (Fill in appropriate column) $23.66 $284.00 $160.08 $1,921.00 $40.83 $490.00 $73.04 $876.52 $117.16 $1,406.00 $75.83 $910.00 $202.69 $2,432.31 $65.66 $788.00 Personal Clothing Food Barber/Hairdresser Drycleaners Credit Card Payments Memberships Loans credit union Miscellaneous Household Help Postal/ Copying Charges Books/Cards Entertainment Cable TV Computer Vacation Gifts Legal Fees Charitable Contributions Housewares TOTAL EXPENSES MONTHLY YEARLY (Fill in appropriate column) $174.01 $366.59 $106.39 $15.46 $2,088.12 $4,399.08 $1,276.69 $185.55 $44.16 $43.50 $85.68 $49.62 $15.00 $35.61 $207.83 $1,637.15 $12.50 $115.23 $5,025.40 $529.92 $522.00 $1,027.62 $595.49 $180.00 $427.35 $2,494.00 $19,645.90 $150.00 $1,382.82 $60,304.76 Income and Expense Statement PACSES Case Number 692105595 Section III: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section H on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent $ $ $ Maintenance Utilities Electric $ $ $ Gas Oil Telephone W e r at Sewer Employment Public Transport. $ $ $ Lunch Taxes R l estate ea e P l P ersona rop rty Insurance Homeowner's $ $ $ Automobile Lif e A id t cc en H lth ea Other Automobile P $ ayments Fuel R i rs epa Medical Doctor $ $ $ Dentist Orthodontist Hospital Medicine peci nee (glasses, braces, orthopedic devices EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ l S h oo Parochial c College Religious Personal Clothing g $ $ $ Food arber/ Hairdresser Credit Payments Credit Card Charge i Membersh ps Loans Credit Union $- Miscellaneous ld Hel h H $ p ouse o Child care Papers/books Magazines Entertainment Pay TV Vacation Gifts Legalfees Charitable Olher Cidld sunport Alimony a ments Other Total WEEK MONTH YEAR Ex nses $ $ $ I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. / O?/ 4 ,12,A_' ?. ??Jeals Date Plaintiff or Defendant Page 3 of 3 Form IN-008 Service Type M Worker ID 21205 c!1 O O w PA V 0 0 V O Q W a~- •- N O W >94 a4 a dZ= N W 6 w 144 0Nu 0 N ? f d N N H C N yD CC E() lop a ?9 V1 4 ? S ? j cC ~ i .u U. W o tzy. nat, G V O 4 0. C V `- O _ c "f N _ 0 4 r a t7 a y J u ? M s OD r -??m WWm JYV = 7 4 xa- 42 0 4 4 000 M myffW N c B m. ?S O ? y Vi S w/ O H V tai d O v. ? M O ? Y m o r 0 .J E m y M y M y r N t N N N 0 J N y C !? m Y c E ?N d ? r ? 'O C ? N J X d y y O ?W w r ° < < N ? m ?y 9 C O PO r L?R u CA N NJ? ? ?Cd m WNN-p c ?_qN m ?7 y C rD "? O d r? N r Nm O C ? O?'M O 7 rre ON IYO ?M ? `d rn N .F G M M j o N r ?' v ?o E d p R _ S W .. . N Y ui yy„ N? Q D or r 9 O G 4 Y 4? 5a o ? m U O ? N E 2 ? d ?' C a w W i% U w N a cd ?^ j5 C ? 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V U ??AU v.G+P yAU ? yq u ? -.u+W, ua w o g N O b F2 y A A nv o? ?4 0 V ? 'u6 dv+ ??? ? ? F.? SOJ P°N pp$ i01 E D? wH ,a. G> G dv d ° w t owA v,?a nw? woo w A? e i]Na ?-pm? xF pG? ouF .w+?.op= D C D "T N AO m o ? NU 00 „p 0. 9y b? Y ?dr ?D YJN U~ VU U c? wy g Tc oa A 3 0« ua c? a ? d "? A rO O. ? ?`? p bPN ? C O ? m ?(L 0 D R D d O a ?! f3w 7" Y N + e N ? w ow g x j z pU .^ T S uAU,? v a do ? O OF m d A0. A 0 N? ? ? ?G oz i q 0 AO o .e c ' 1 mCaU py n0 N? AAA NF I f Z W W N 4 r N LL Z W G 4* f DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION LEE F. EBERLY, PACSES NO,692105595 Defendant NO. 03-2172 CIVIL ORDER OF COURT AND NOW, this 2"tl day of December, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiffs claim for Alimony Pendente Lite, and upon agreement of the parties and recommendation of the Support Master, it is ordered and decreed as follows: The interim order entered on September 20, 2004, in the amount of $2,076.00 per month effective July 28, 2004 will remain in full force and effect through November 30, 2004. Any arrearages that may have accrued on said order through November 30, 2004 shall be remitted based upon direct payments of support made by the Defendant to the Plaintiff. 2. Effective December 1, 2004, said order is modified as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as Alimony Pendente Lite the sum of $4,008.00 per month. B. The Defendant shall provide health insurance coverage for the benefit of the Plaintiff. C. The Defendant shall pay 90% of the unreimbursed medical expenses incurred by the Plaintiff as that term is defined in Pa. R.C.P. 1910.16-6(c). By the Co S;?iel Edward E. Guido, J. 1 e Cc: Deborah L. Eberly Lee F. Eberly Susan M. Kadel, Esquire For the Plaintiff Philip H. Spare, Esquire For the Defendant DRO 0 0 N co i co O N? O y0 W O Y J d 3 ? Z R `? N c`1 R U a c d a a O = N N ?p O C6 _ N O Y CSS RS = m W n11 U WJ 0 .v 4 N C J ? a w a a O r N a E o 'Ry ? N V N ca Q 4y`- O Z O N O m CO Y R d 0 co CY) Q1 U N T" y ._O ^ O a Y O w C( a a s m = 0 E Z ?? w a ? m ? ?d ? N N R C'1 O O m d 3 m a m M O y N tb d "CS O. E d L d 7 N co a R 7 ? v O N U ti ? L Qf n y i W xs s a0N U pad -tr 0 C N co T_ co G N? E a? 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N d 0 0 O.^ m O U N N 3 m R ?; N d O L t^ F m ? ? c3 J o }.TN E '_ 11 -_ lTd m T U._ ° ° E's4 °moo v mm c W N (n m' o m« Ui o "° N W T (n o° mSN 'd' E ?? tO ro W"m N C. `LW a Z^ JN?N L? (6 m L N m o o c? v c m „o c E m .. W J ^ W m o m m '" ' ^ ? 7. Y. m a i ? - U °E. co in NUd ? m L N NN p jJN OOEd0 L m.?dd mmU ° m O ' w ?? o u v - m 0 o m d 2a x 0 W o m c +' lJ E v c m N a 6 o c o w o E a o ?1NC EN WmNm UNOW ma JNLLc 1 N p i? N m C C O) O L j N 9 L •' V L" ?tgqN6?^r m?JO s E U d T 0 0° < O W ? j R L do N WZd-'"X O!? > 'madam - J NNNL ^LN NrpLN n 0 0 U! 8 W d C.. L G a E l0 N J N a R J n d d ? O m ^ ? d Z O d m 3 d W J? N° A ^6. ? W h Z? J U N? Y 'g N O ? y m m T m O O N'6 W >` 'U (O C Z U L. C L O. T N m m L L dZ d s a c. r d L o ° m W'3 mm° LL C- O 9 m m O N« N m" lL ?Ui 11-3M0 L U'r L7 p?y ? N ' O F d t ?6 O _ m m C > m a 7 N m m a C3 C 6> O U d m O 9 U d L O N ? 15 4 O m ?^ N d d, d N J= Z C n N M O O N p m N U W. YI N> dr D m L> m J N N J E`o ?' mE mn d ZZM m E EL . 3 d C T N w o O u m a N >- omdayEu- 6i mdm> ZmaE ?.na ?p J m Ua,YZ i p <°1 Urdntim !-ua F- W IY M O M d co co a J ? U i O 400 Ra ti w lL ? W X Q T? o N N tm •` r 0 n_r? #V Tepid INTREPID POWERBOATS, INC. 11700 South Belcher Road Largo, FL 33773 Phone (727) 548-1260 Fax (727) 544-1796 SOLD Lee F. Eberly TO 505 South Market Street Mechanicsburg, PA 17055 INVOICE INVOICE NO: 26166 INVOICE DATE: 06.11.02 SHIP Same TO MODEL: 289 Walkaround ENGINE(S): Honda Twin 225 HP, 25 Shaft, Four Stroke HIN M IBW2816BC202 PORT SERIAL M BAHJ-1000295 STBD SERIAL M BAGJ-1000494 AMT DESCRIPTION PRICE 1 289 W/A Intrepid - Base Boat w/all Standard Feature 53,500.00 1 Boot Stripe (lmron) 425.00 2 Accent Pin Stripe (Imron) 460.00 1 Dual Cylinder Hydraulic Steering 1,250.00 1 White Powder Coated Swim Ladder 530.00 1 Recirculating Live Bait Well on Transom Deck 580.00 1 Raw Water Washdown 635.00 1 Pressurized Fresh Water System std 1 Ritchie SS2000 Blue Face Compass 525.00 1 Cockpit Lights (2) 350.00 1 Install Customer Supplied Transducer 330.00 1 Cockpit Coaming Bolsters 1,385.00 4 Lee Rod Holders in Gunwales 460.00 2 Rod Rack - Lucite - under Gunwales 270.00 1 Wraparound Windshield std 1 Additional Bilge Pump 350.00 1 Electric Head 1,775.00 1 Bow Rail Aluminum Heavy Duty std 1 Built in Battery Charger 845.00 1 Tackle Station (Portside) 625.00 1 Additional 50 Gallons of Fuel 1,220.00 1 Fiberglass Seat w/Electric Control Fore & Aft 2,750.00 1 Fiberglass Electronics Box w/Flush Mount Kit 960.Uu 1 FOLDING REAR SEAT ON TRANSOM 990.00 BALANCE PAGE 1 $ 70,815.00 Page 1 of 6 iin re id® INTREPID POWERBOATS, INC. 11700 South Belcher Road Largo, FL 33773 Phone (727) 548-1260 Fax (727) 544-1796 SOLD Lee F. Eberly TO 505 South Market Street Mechanicsburg, PA 17055 INVOICE INVOICE NO: 28168 INVOICE DATE: 06.11,02 SHIP Same TO MODEL: 289 Walkaround ENGINE(S): Honda Twin 225 HP, 25" Shaft, Four Stroke HIN #: IBW28168C202 PORT SERIAL M BAHJ-1000295 STBD SERIAL M BAGJ-1000494 AMT DESCRIPTION PRICE BALANCE FROM PAGE 1 $ 70,815.00 2 Fluorescent Light 330.00 7 Spreader Light 805.00 1 Radar Support Plate 125.00 1 1 PAIR PLATES FOR TACO (OUTBOARD OF OVAL STOCK) 230.00 1 TACO GRAND SLAM OUTRIGGER SYSTEM 1,075.00 1 15' LEE POLES 635.00 1 Rupp Radial Elbows in lieu of Fixed 210.00 1 Aluminum Arch w/Fixed Canvas Fwd/DOUBLE BOW AFT 262-322 6,160.00 1 Folding Foot Rest 335.00 1 Yamaha Engine - 250 Twin 25" shaft FUEL INJECTED 40,456.00 1 Make Ready Rigging - Twin Yamaha 6,635.00 1 Center Rigger, Lee Pole 450.00 1 Remove Pulpit 650.00 4 Rod Holders on Legs of Arch 500.00 1 Sheer Stripe (Imron) 570.00 1 Aluminum Plates in Cabin Overhead 225.00 Custom Laceless Top 400.00 Raise Arch Height 4" N/A Move Electronics Box 8" FWD N/A Black Rub Rail Delete Starboard Swim Platform Fwd Brow Supports that go to Inside of Windshield N/A 2 12 Volt Fans 190.00 130,796.00 Page 2 of 6 ?, . ,.....,?,,, ,., , moo, um. •-?,•_.-........ ?,r...+??.+?r U BURKE Chev:Olds:Cad., A Chrysler • Jeep Chevy - Oldsmobile - Cadillac VW - GMC • Subaru g URKE SALES 8 SERVICE Retail Order Form: SALES & SERVICE x-_i '(609) 465-6000 \© "New E] Used (609) 4658200 Fax 455-4257 _ MOTOR GROUP • Fax 4654175 E-mail: tayburke pt eliatlantic,ne "Q Demo ? _ E.k 10 Easl Game, store Perxway Store Homo, emu. Cana Maw Court Hausa New Jaorv 0¢210 CUSTOMER DATE ADDRESS .;E RESIDENCE PHONE L ?''-{Jz>r'C BUSINESS PHONE DRIVER'S LIC.# BOC. SEC. # ) PLEASE ENTER Y ORDER FOR ONE ??q9Q? ? (YEAR ANn MAXEI BODY TYPE COLOR L??°°b/E'Lla1LES SEMALNG- one of the following and so advise dealership. Cash Purchase • Finance Purchase Lease IF A CREDIT SALE, REQUIRED INFORMATION CONTAINED ON A SEPARATE DISCLOSURE STATEMENT IS MADE A CONDITIONS IS CONTAINED ON A SEPARATE LEASE TO BE DELIVERED ON OR Price of Unit Additional Eauiament (ootto, LESS TRADE-IN ALLOWANCE State Sales Tax Luxury Tax (If A Temporary Registration $ Title $ Registration $ GSS Filing Fee $ -gy30' OTAL MOTOR VENICE E FEES -T . I tJ Clerical Expense $4500 (Public Notary, Power at Meew y, lnsmame Lansacoure uE I 80. M.V, Processing Fee $3500 NET PAY-OFF ON TRADE-IN RAI VWT or CASK CERTIFIED C)ECK, On OUTER ACCEPTABLE FORM OF PAYMENT, Due On DELIVERY. I, ) (.. it L-J SALESPERSON .4 lE" _ 44TE OF BIRTH I MODEL The only warranties applying to this vehicle are those offered by U manufacturer. The selling dealer sells this vehicle "as is", and beret disclaims all warranties, either express or implied, irrE ding any impliE warranties of merchantability and fitness for a particular purpose. AT liability of the selling dealer with respect to delectg or malfunctions r this vehicle including, without limitation, those whjc,l pertain to perto mance or safety, (whether by way of "strict liability;'.6ased upon th selling dealer's negligence, or otherwise), is expressly excluded an customer hereby assumes any such risks.-The manufacturer's warrant is not affected by this disclaimer of warranties by the selling dealer. U This vehicle is sold "as is" and the selling dealer hereby expressl disclaims all warranties, either express or implied, including any in plied warranties of merchantability and fitness for a yarticular purpose Any liability of the selling dealer with respect to defects OF malfunction of this vehicle including, without limitation, thoswwhich pertain n performance or safety, (whether by way of "strict liability," based upm the selling dealer's negligence, or -otherwise), is expressl' excluded and customer hereby assumes any Such risks. OR U The only dealer warranty on this vehicle is the limned warranty whicl .o ;--,al ...ia, .,ns -,+e .a no rl r,r Or'. -,,- rnrm ' The laws of New Jersey require Motor Vehicle Dealers to make at necessary repairs, without charge, or return the full. purchase price IT I the customer in the event a used vehicle sold and intend. to be registered in this State fails to meet State Inspection Standard For the issuance of a certificate of approval due to a defect that is not th resin' of the customer's own act. The undersigned, before entering I to thiE contract to purchase, has been informed, of dealer's obligation above and agrees to have the used vehicle inspected within 7 days from the date of delivery of such vehicle. A. L__ L- X Dora Luu h9maiure The on and do make r fails to X Year _ Make Mode Serial No. Trade-in Value Mileage ?- Less Balance Owed U_ Net Trade-in Allowance Balance Owed to: Address: Account No. _ Info. From Good Thou Customer venfie, that the frame on the lade-in vehicle hear never sustained any damage or been repaired. Alt airbags are of original equipment and have never been deployed. Also, that the vehicle has never been', in a flood or had the emission control system tampered with or altered. Customer verifies the above mileage of trade-n, vehicle is accurate. Customer agrees that this Order on the lace and reverse side and any attachments to it includes all the terms and conditions of the sale. Customer further agrees that this Order cancels and supersedes any prior agreements and as at the date signed by Dealer or his authorized aent comprises-lhe complete and exclusive statement of the terms of the agreement between Customer antl Dealer. THIS DRIN SHALL NOT BECOME RINDIIdG UNPI. ACCEPTFO R' Or At ER OR HIS AUTHORIZED REPRESENTAHVE. Customer by his execution of this Order acknowledges that he has read its terms and conditions and has received a true copy of the Order YOU HAVE THE )LIGHT TO A WRITTEN ITEMIZED PRICE FOR EACH SPECIFIC DOCUMENTARY AND PRE-DELIVERY SERVICE WHICH IS TO BE PERFORMED. THE AUTOMOTIVE DEALER MAY NOT CHARGE FOR PRE-DELIVERY SERVICES FOR WHICH THE AUTOMOTIVE DEALER IS REIMBURSED BY THE MANUFACTURER. I AM 18 YEARS OF AGE OR OLDER AND OF FULL LEGAL CAPACITY TO ENTER INTO THIS CONTRACT. Accepted By: X X , rare ..At. o, H„ 111orree Raora:eman.a ow< aaioma. ayrnmr. .. R N C G C oo, O U Ins U O W C N E W i O O Q Q N U CL W w ¢ J > o ?(5 0 w 3 E .u 2D 1? 1 N 0 3 ON U 3 f/ O C \/ I N O > N b H < U j 0 O -j rn E 0 w Q=U u? E"'1 UO N? >-1 z Y C v - mm En w ?"'1 ILL Lu Yi n v W C Y w Q - ?d'?n Vo OQ A? o°; >aaC w_ o hb ? O Fm o r ? O' Q - - pa a a M YFC7 F O ?N? W ? v . mo Wm my(n o a? WMU o ILQZ WU)Q m J fn = _ m MOO I I I I I III I ^.r O N M Y bD "t m m V7 0 ? 'n C c3 ? 0 H I y G C 69 H •C N d c 0 U Cl f. L C G C c` .e C Q N N 0 0 0 0 n m b O O 0 1 u r ? m o o v a ? c o ~ ? m o U a c_ D L ? E T - m O G U O V D V C C D m u Q D v m IL co Y E Cy N? L m u0 al- ?c a ?D ?U D ? O - ?T o ?paC L O,y VV? m N LNU ND? C J'_ mcu NNE E5 U J _ i6 a _c 'o u r ur C U E N , O) N C M ? O yJ N d O M 1 O O N v !T N O H L .OI N E M 1 r w F- u c m ? ?p m ? J N a F 0 t Vl r o •- y om w M ? O v N d N ? J O C O? ? m ern a?i M N ? r v a E o_ C 0 U C Q o N Q? Ud' } m J W K E W W E m n W w z w W J c ? w¢ o wf u J u O Q K m SW o r '- z m m r ? r O 1 ' U k N N M O P s 1 N m m N O N 0 m F 0 ' M .] r t? d ry 0 m Y Wmom aYco O r+ M r .oooraoSO r a^ N «.o d . r. °. u? o o c c M p o m 0 00 ?Er Y r o ? N rn? J:ym ? r r "' r ? G O O Vf d - d zy ? n c° d • MEW d M ? ?Ie00•pNNp ? r F Cy WrON ? C WOO . HMO 0. « 0. r r d N O O?? M ? r a s d W O d « O N m Z N '' r a N L Y Y m W ? N {? yn1 ?- d d A N m d N N G y N O•« Q o L m _a ? i ? EN ? Irl m a my ?L r •? i i a? ?" "' x w$ N d ? i ?m N G ? N d ? Q d Z r-? Y y a VJ Z 0 • U d L ?LN ? co ` ,. II ? , . WO G NE U7 z O J .pNm S Nv N?WWN d N O 4 ? "? ?^ Y 6 G ; p.O OW • uN O N ?r a`? 4? w Y N d a Y r c hoc ? N r gENN C, N Wppp a p CN t-?SN.S u S N T s ' d N E p r f I r 6 t Y O r ,pMm m P a d ,, JY`. c a m o r ul E d Y d pN? r ?p4 r .+3DEpkN d Nd NN EC> o r s E ?n w cO i r a Y mr,. .?.. M000 O a 0 0 r « Z N N r « ppO m E pm `^ r ? y .n N d r N m N ?• N C N L y m O m t2 N N N_ "" ? T y N 7 U ; r r ? W d m ? d ? n ? d F v K n FJ in ?' ~ ? G E C R G Vim- r ~ O ' j N F N 7 N ? i W P Y O •U _ N uY? d d Gm M? < o-??C co w- ? V ? = II ? N « ? NF-J? Q U O E N W M,-- rC N N .a. C q Z m rA ~ C ?r ??O ? ors v a 0 r N r n m W r P? N rt b N O r ? n y W r N r N N P R N P ?O r P r a] N 3 > P 1 r P N P r A? r ? N 0 0 ?O n o r p y W [ 0 V 5 Q i O u d Cn a o ,c Hy .C a .a v 0 3 a ? Q o ? a w N O U ?' T N N 0 N C O N O O C N C O N N t - U U_ U N N Y ? U f C O Iq c N J 'O 0 m a N m E w N E m E A U E m (O N J U J E L O 'N N - C ro C O J N N N N .°• L Y G "O N •- U 4. U w S F .7 F- I' IN" 47 47 5; a? y.. ds No NYv Pro N E itl m v..n W H 00 00 h v o0 C o o ? j i u v i O V ? V Q R Q d ip = N v ~ C y 00 ° NN u N m ° Q ? o :? l yN N v r ?> ? o S r O O O 0 0 0 0 0 O Ql O N oa rnm r o ? NN r i ?? AL P N _ U W N U E C J t6 N C G° t u d m N S O O 9 N M? p o m? o N J 0` re d O N N N C C ? N U d N O N N O N r b ? N > •yy r W A P N N N ' of N Y ? ro m _ m m m ? N P f r r? m ? n 0 U 61 .:4 Z L Z ? 0 0 >~ G N Q o 0 a.i 2 U a z? U - ? o N W U ul N p z o ? O L' a _ V- y j I/1 W QO u K F- C N O? c x o0 00 - No a O ? o. cr o , 0 i D Y G N !1 r d T W C O "+ G d y G {?. ?_ r LINDEN HALL ANTIQUES 211 OLD STONE HOUSE ROAD CARLISLE, PA 17013 717-249-1978 To: Susan Kadel, Attorney P. O. Box 650 Hershey, PA 17033 From: William G. Rowe, Appraiser Linden Hall Antiques 211 Old Stone House Rd. Carlisle, PA 17013 Re: Personal Property Appraisal Antiques & Collectibles 505 South Market Street Mechanicsburg, PA 17055 Debbie Eberly Date: April 6, 2004 FLORIDA ROOM Blanket chest - bracket foottred paint $550.00 Doughtray - replaced lid - used as coffee table $150.00 Bird cage, metal - green paint $75.00 KITCHEN Flour barrel trash can $120.00 Coke carrier w/botties $70.00 Collection of 7 pcs metal kitchen ware $75.00 Advertising tins - large variety: Pensupreme $80.00 King Syrup $20.00 Ovaltine $80.00 Com chips $50.00 Confection $45.00 Coffee $70.00 Hard candy $75.00 Calumet $20.00 Mustard $80.00 Glendora coffee $115.00 Weis coffee $35.00 Golden Sun coffee $55.00 Bosculcoffee $15.00 Slaw board w/slide $85.00 Coffee grinder - pewter top $185.00 Set scales $35.00 Tetley Tea tin $25.00 Capital tooth pick $15.00 Basket - Chartes & Co. - unusual $115.00 Jars (3) $20.00 Water jug w/wooden frame $80.00 Seed case - 8 drawer $300.00 Tin coffee pot - repainted $45.00 Hanging scale $75.00 Eberly Appraisal 1 4/612004 Glass containers (4) - tin lids $40.00 Knife tray $25.00 Jug, brown & white - 4 gal $60.00 Large coffee grinder - iron #2 $350.00 Coffee tin -"Fluke Co" $125.00 Butter chum $150.00 Wall-mounted telephone $215.00 Corn cutter $20.00 Knife holder $15.00 Apple peeler - iron $85.00 Oak washstand $225.00 Granite ware kitchen ware set - wall mount $115.00 Chairs, spindle back (4) $200.00 OFFICE Wooden cooler- Rakestraw $450.00 Miter box $15.00 Level - wood framing $25.00 Beer crate - Busch $30.00 Buoy $20.00 Lumber yard signs - set of 4 $400.00 Glass jar $40.00 Boxing gloves - original box $175.00 Picture - Gallery - Mechanical bank $2,250.00 Planters Peanut tin $45.00 Pond boat $115.00 Wooden fork $75.00 Smoking stand $85-00 Small advertising tins (7) $110.00 Chimney cupboard - gray wash - 1 door, 2 panel $450.00 Ice skates $20.00 Child's chair - painted $100.00 Fishing rods (2) $40.00 Glass fire extinguisher (2) $40.00 Metal fire extinguisher - unusual (Copliver) $175.00 Toy truck - metal $225.00 5th Wheel (running gear) salesman's sample $150.00 Barrel $15.00 Toy truck - red $150.00 Eberly sign, metal - with man figure $250.00 Eberly sign, metal $150.00 Wooden sled - USA shield decoration $275.00 Springfield rifle - mint condition Army surplus, 50/70 Rolling block 1870's $2,500.00 Football helmet $40.00 Steam shovel, toy $150.00 Brass copper fire extinguisher (2) @ $15 each $30.00 Sprayer $20.00 Toy, cast iron - 2 horse circus wagon $850.00 Toy, cast iron - 6 person circus wagon $1,250.00 Toy, cast iron - 2 horse coach $900.00 Toy, cast iron - 2 horse contractor dump wagon (restoration) $450.00 Bench - morticed $100.00 Tool box, tools, etc. $65.00 Kentucky rifle - etched carving - percussion - brass patch box $3,500.00 Metal time box (check in $25.00 Quilt - red applique $250.00 Quilt - blue/red geometric $125.00 Eberly Appraisal 2 4/6/2004 DINING ROOM Settee - repainted - contemporary $550.00 Comer cupboard - old solid panels replaced with glass - blue paint $1,250.00 Large tray $175.00 Grape press $250.00 Cup/saucer (3) - soft paste $60.00 Carnival glass mugs (6) - marigold $300.00 Kitchen ware - Halls $60.00 Dog dish (girl/dog) $100.00 Large tureen w/under plate - transfer ware $350.00 Large platter - transfer ware $125.00 Glass plates (3) - star pattern $30.00 Plate, milk glass - kittens $35.00 Farm table - 3 board top - red wash base $2,800.00 Plank seat chairs - original paint - set of 6 $1,500.00 Refrigerator, round - tin - restored - unusual (') $900.00 Trencher, wooden - large $225.00 Comer cupboard top, old crusty surface, butterfly shelves $750.00 Wooden bucket - Heinz Mince Meat - rate $450.00 Milk can, Hershey $45.00 Ladles, metal (2) $25.00 Skillet, large $85.00 Butter crock, brown & white $25.00 Dutch cupboard, 2 pc - blind door, 4 small drawers up over 2 drawer/2 doors dovetailed case - red wash surface $7,000.00 Lantern $25.00 Butcher tools (4) $40.00 Crocks (2) - Cowden, Harrisburg @ $25 $50.00 Large press $250.00 Jug, large $50.00 Crock, small - brown $20.00 Bucket bench, 2 shelf $275.00 Ox yoke $115.00 Cups, banded yellow ware (2) $40.00 Jug, brown & white $15.00 Pewter cupboard - bluish paint - 3 open shelves, 2 bottom doors $4,500.00 Meat slicer, Philadelphia $450.00 Mixing bowl $15.00 LIVING ROOM Comer cupboard - 1 12-pane door up, 1 door down - yellow paint surface $12,500.00 Chair, 1940's - cane back $115.00 Chocolate tin - Mavis $30-00 Railroad lanterns (2) - electrified $250.00 Hat box, Stetson $30.00 Quilt, black background $125.00 Buggy seat $150.00 Hutch table, 4 board top, slipper foot $3,000.00 Sign - L. E. Eberly & Son - Mechanicsburg $850.00 Egg crate $50.00 Com shelter $200.00 Dry sink, crusty surface (restoration) $750.00 Quilts (2) - in dry sink - $150 each $300.00 Comforter - in dry sink $75.00 Quilt, multicolor $150.00 Yam winder $200.00 Eberly Appraisal 3 4/6/2004 Stirrups $50.00 Trumpet $65.00 Cupboard - bluish paint - pewter style $5,000.00 Music box w/records $850.00 Carbide lamps (2) $120.00 Pot, handles - brown $50.00 Tin box (reports) - 188011881 $85.00 Small table (stand) - hand painted $300.00 Amish figurines $40.00 Tin container - repainted $20.00 Ox yoke $250.00 Cobblers bench w/2 drawers $750.00 Bird house $150.00 Wash bowl / pitcher $235.00 Stand, 1 drawer - white paint $250.00 Clock, wag on the wall $185.00 Comer cupboard - 9-pane top door, 2 doors down - new feet & molding restored top & bottom (not matching) $1,500.00 Pot, blue granite $65.00 Pail, blue granite $65.00 Mortar / pestle $100.00 Tole painted tray - large $125.00 Work bench - 1 drawer - custom made $15.00 Pine safe, screen - hanging $150.00 Minnow bucket - tin - originallabel - unusual $135.00 White granite - 4 pcs $30.00 Sign, small - "In Yard" $50.00 Bean pot $50.00 Grease bucket $50-00 Butter churn $150.00 Milking stool $75.00 Pitcher, gray granite $35.00 Basket $50.00 Kaff-A Bucket $65.00 FOYER Victorian mirror $150.00 Cow bell $20.00 Frame - Harries $45.00 Oak coat rack $75.00 Desk, oak $300.00 Desk items, on top - clock, glasses, etc. $40.00 STEPS Sled $135.00 Snow shoes $30.00 HALL - UPSTAIRS Hershey theater ticket shelf $125.00 Spool cabinet, 2 drawer - walnut $250.00 Oak sewing machine $115.00 Sewing box $60.00 Bootjack $75.00 Brass frame $65.00 Sampler- 1827, A B C $250.00 Display case - Collars "Lion" $300.00 Jug - brown & white - 3 gat $40.00 Eberly Appraisal 4 4/6/2004 BLUE BEDROOM Coverlet - Young - Mechanicsburg - wom $150.00 Wooden sled $135.00 Doll carriage - rough condition $4000 Wash bowl / pitcher - not matching $50.00 Wooden tub holder $75.00 Dresser set - 2 pc $30.00 Water bottle $30.00 Child's quilt $110.00 BATHROOM Jug - blue band $30.00 Cedar chest - maple - painted $45.00 Box of stick pins $30.00 MASTER BEDROOM Hat boxes (2) $40.00 Carriage - restored - one of a kind (') $2,200.00 Seed sower $150.00 Seed bag - Shiremanstown $25.00 Hoop back chair $25.00 APARTMENT 5 tin animals - hanging unit - new $10.00 Wood frame trash can $75.00 Wooden bucket $20.00 Jug w/handle $25.00 Wooden barrel, small $30.00 Coffee tin - painted $35.00 Waffle iron $25.00 Slaw board $15.00 Bottle capper $15.00 Drying rack stand $60.00 Cookie cutters (5) $25.00 Advertising items (4) $30.00 Kitchen tin items $20.00 Juicer $15.00 Dough scraper $10.00 Copper ladle $15.00 Chopper $10.00 Hog scraper $10.00 Food chopper $1000 BEDROOM -APARTMENT #1 Crock - brown & white $20.00 Crock - brown $15.00 Planter - red paint $120.00 Jug - brown & white $20.00 Radio - table top - case only $30.00 Milking stool $75.00 Mirror - Currier type frame $85.00 Doilies - braided, small - 5 @ $25 each $125.00 Plank chair- green $25.00 Eberly Appraisal 5 4/6/2004 BEDROOM -APARTMENT #2 Straw cutter - as is $90.00 Wagon wheel $100.00 Quilt - applique $160.00 Jelly cupboard $550.00 Wagon jack $40.00 Candle stick - brass $50.00 Tool box - repainted $125.00 ATTIC Sled - painted $40.00 Hat boxes (2) - 1 good $20.00 BASEMENTSTEPS Barometer $50.00 Mallet $20.00 Lantern $15.00 Large crock w/lid $60.00 Lumber stick measure $20.00 Pair wall bracket lamps - copper $175.00 Wooden saddle frame $45.00 POOLROOM Barrel $40.00 Eberly & Son storage box $500.00 Toy chest - painted - 1920's $30.00 Bringing Up Father books (4), Laughlin & Parker Bros. games $150.00 Pool hall chairs (2) - 1 with arms $300.00 Pool rack $100.00 Brunswick pool table & light $2,000.00 Sets of antique pool balls (2) $200.00 Framed 1947 Eberly & Son sign $85.00 BASEMENTLOUNGEAREA Eberly's Lumber sign $150.00 Chicken feeder $15.00 Chicken crate $30.00 Framed feed bag $30.00 Wagon wheel coffee table $100.00 Small coffee table $125.00 Magnavox Co. record player - outside horn $350.00 Police sign $40.00 Flintlock pistol - European $850.00 Percussion pistol $650.00 Custom made cupboard $125.00 Pipe collection $55.00 Quilt - as is $20.00 Quilt - patch $50.00 Jug, white $25.00 Chair, child's - red paint $50.00 Jug, brown & white $25.00 Desk, child's - 2 chairs $55.00 Bottle capper $10.00 Wooden bucket (Firkin), small $45.00 Marble tie down $30.00 Slot machine - Jennings Fire Chief, wood sides, 25 cent $1,250.00 Eberly Appraisal 6 4/6/2004 Basket - as is Speaker - radio PORCH Wheel barrow- as is Egg crate Bench Goat wagon - European Folk art grasshopper - contemporary Sign -'Primitive" Wood measure OUTSIDE - some items "as is" weathered Buck saw Scales - no value Lantern Ash tray stand Wooden container - ice cream Water pump - cast iron Iron kettle 12 gal. crock w/lid - porch Door Ice tongs Shutter Metal pail Milk can Sign -'Root beer on tap" Water trough - cow - individual Wire egg basket Clock shelf - metal w/drawer Iron stove - no value Wash board Stanley plane Railroad tie lever - no handle Large jack - Allegheny, PA Tobacco dryer Wash stand - wood Lumber sign - "Eberly" - wood Sign -'Bird in Hand" Arched window frame Ladder Horseshoes / quoits Wagon wheel Milk pail Metal sign - "Eberly" - rusted Yellow shutter License plates (6) - rusted Cultivator Lawn mower - no value $25.00 $65.00 $90.00 $50.00 $125.00 $125.00 $100.00 $75.00 $10.00 $5.00 $0.00 $10.00 $35.00 $30.00 $125.00 $5.00 $85.00 $25.00 $20.00 $15.00 $5.00 $15.00 $25.00 $15.00 $20.00 $115.00 $0.00 $10.00 $5.00 $5.00 $65.00 $35.00 $15.00 $90.00 $20.00 $15.00 $15.00 $10.00 $65,00 $15.00 $25.00 $30.00 $10.00 $25.00 $0.00 TOTAL $90,260.00 Eberly Appraisal 7 4/612004 Assigned values are based on my personal opinion after consultation with: A. Recent auction records B. Collectors in specialized categories C. Price guide reference books and my 45 years experience in the antiques, auction and appraisal profession. The following items with asterisks (') have no comparison basis. Stictly a oersonal iudement. Carriage - Master Bedroom Round tin refrigerator - Dining Room William G. Rowe Eberly Appraisal 8 4/6/2004 ?'i ?' 1 ? _, t r. T ._ ? ? p . ? -? ; '.? ?, n ' '_: ? ;? ,}{ _... r-? i DEBORAH L. EBERLY, Plaintiff/Petitioner V. LEE F. EBERLY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DOCKET NO. 2003-2172 PACSES CASE NO. 692105595 PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER AND NOW comes the Plaintiff/Petitioner, Deborah L. Eberly, by and through her counsel, Susan M. Kadel, Esquire of James, Smith, Dietterick & Connelly, LLP, and hereby files the within Petition for Modification of an Existing Support Order as follows: Petitioner respectfully represents that on December 2, 2004, an Order of Court was entered for the spousal support of Petitioner. A true and correct copy of the Order is attached hereto as Exhibit "A". Petitioner is entitled to an increase and review of this Order because the Defendant, Lee F. Eberly, has had a substantial increase in income. WHEREFORE, Petitioner requests that the Court modify the existing order for support. Respectfully mitted, 4 Sus ade , Esquire Attorney I.D. #44837 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff/Petitioner Deborah L. Eberly VERIFICATION I, Deborah L. Eberly, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: S?? 3 O !aa1.?? C Deborah L. Eberly EXHIBIT "A" DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION LEE F. EBERLY, PACSES NO.692105595 Defendant NO. 03-2172 CIVIL ORDER OF COURT AND NOW, this 2"d day of December, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiffs claim for Alimony Pendente Lite, and upon agreement of the parties and recommendation of the Support Master, it is ordered and decreed as follows: The interim order entered on September 20, 2004, in the amount of $2,076.00 per month effective July 28, 2004 will remain in full force and effect through November 30, 2004. Any arrearages that may have accrued on said order through November 30, 2004 shall be remitted based upon direct payments of support made by the Defendant to the Plaintiff. 2. Effective December 1, 2004, said order is modified as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as Alimony Pendente Lite the sum of $4,008.00 per month. B. The Defendant shall provide health insurance coverage for the benefit of the Plaintiff. C. The Defendant shall pay 90% of the unreimbursed medical expenses incurred by the Plaintiff as that term is defined in Pa. R.C.P. 1910.16-6(c). By the Co Edward E. Guido, J. 17 N ca "" y I . s. a7 DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. LEE F. EBERLY, Defendant/Respondent CIVIL ACTION - NO. 03-2172 CIVIL IN DIVORCE PACSES # 692105595 ORDER OF COURT AND NOW, this 1st day of June, 2006, a petition has been filed agai modify an existing Alimony Pendente Lite Order. You are ordered to appear Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on July I conference and to remain until dismissed by the Court. If you fail to appear a Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, i (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, cot 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have IF you fail to appear for the conference or bring the required warrant for your arrest. BY THE Edgar B. Copies mailed June 1, 2006 to: Petitioner Respondent Susan Kadel, Esq. Maria P. Cognetti, III, Esq. Date of Order: June 1 2006 st you, Lee F. Eberly, to t person at the Domestic i. 2006 at 10:30 A.M. for a provided in this Order, an ling W-2's as filed ed as required by the Rule lable to you ts, the Court may issue a T, ,, President Judge 41.0" :onference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHER YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 c : ?" „ < ? ,? ?. ?, . . _z i . s.? i ? ? , _ , , ,_?, -+, -a ` ? ?: ?-? ."+ :- ? `9 ~, ? ?+ i A Susan M. Kadel, Es Attorney I.D. # 448 James Smith Diette PO Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Plainti & Connelly, LLP DEBORAH L. I Plaintiff, VS. LEE F. EBERLY, Defendant AND NOW, F. Eberly, by and thn P. Cognetti, Esquire, Alimony Pendente L Effective Aul Deborah L. Eberly is 1. The D Collection and Two Hundred 2. The the Plaintiff. ;LY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES CASE NO. 692105595 NO. 03-2172 CIVIL 14a' day of August, 2006, the parties, Deborah L. Eberly and Lee i their respective attorneys, Susan M. Kadel, Esquire, and Maria ,by enter into an agreement to resolve the Petition to Modify the Order. 1, 2006, the existing Alimony Pendente Lite Order in favor of iified as follows: idant, Lee F. Eberly, shall pay to the Pennsylvania State lent Unit as alimony pendente lite the sum of Five Thousand ) Dollars per month. dant shall provide health insurance coverage for the benefit of ,r: 3. The efendant shall pay ninety (90%) percent of the unreimbursed medical expenses incurred by the Plaintiff as that term is defined in Pa.R.C.P. 1910.16- 6(c). Date: us . Kadel, Esquire Counsel for Plaintiff, Deborah L. Eberly Date: 0 /(O?O IMA 2L, Maria P. ogn ",squire Counsel for De en t, Lee F. Eberly I N c t DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 03-2172 CIVIL TERM LEE F. EBERLY, IN DIVORCE Defendant/Respondent PACSES # 692105595 ORDER OF COURT AND NOW, this 17th day of August, 2006, based upon the Court's determination that Petitioner's monthly net income/eaming capacity is $0 and Respondent's monthly net income/earning capacity is $0, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $5200.00 per month payable as follows: $5200.00 for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Credit set at -$1208.00 as of August 17, 2006. The effective date of the order is August 1, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Deborah L. Eberly. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 o c ? _ ?1f?` 61 S?Z n'' L.'? -oQ ?:' -z. -,? -o ? c c? ? YC?% ?- ? ?t )" G` W ? a D ?. :. a.? ..:. ?.. 'ti'h:h.?.... r .? ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/17/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number EBERLY LUMBER CO 135 W ALLEN ST PA 17055-6204 193-36-3667 Employee/Obligor's Social Security Number 6400101181 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mn See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 5, 200.00 per month in current support $ o, oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 5, 200.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 1.200. oo per weekly pay period. $ 2.4oo. oo per biweekly pay period (every two weeks). $ 2.600. oo per semimonthly pay period (twice a month). $ 5.200.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: AUG 18 2006 DRO: R.J. Shadday Service Type M 692105595 03-2172 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: EBERLY, LEE F. Employee/Obligor's Name (Last, First, MI) BY THE COU Fdward ido Judge Form EN-028 OMB No, 0970-0154 WorkerlD $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required. to pr idea opy of this form to your ymployee. If yorr employee works in a state thalis different from the state that issuet?t is order, a copy must be provided to your emp oyee even if the box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2313103320 EMPLOYEE'S/OBLIGOR'S NAME: EBERLY, LEE F. EMPLOYEE'S CASE IDENTIFIER: 6400101181 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser oh 1) the amounts allowed by the Federal Consumer Credit Protection Act It 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: EBERLY, LEE F. PACSES Case Number 592105595 Plaintiff Name DEBORAH L. EBERLY Docket Attachment Amount 03-2172 CIVIL$ 5,200.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ?lf checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 09]0-054 c ?. t p. J co ?S3 0 m= Z -n ': f C7 d? %G DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 7, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I . I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: /? e lD 7 __ ? °' • (_ b Deborah L. Eberly, Plaintiff C? C r.a ° C7 PIP F l, n e?r?? m ? rG I,... }. ,,, ; i 1 . z2 f r4 71 3 f-a pV MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DEBORAH L. EBERLY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LEE F. EBERLY, Defendant NO. 2003-2172 Civil Term CIVIL ACTION -LAW IN DIVORCE PETITION TO REVOKE APPOINTMENT OF SPECIAL DIVORCE MASTER AND NOW, comes Lee F. Eberly, Defendant, by and through his counsel, Maria P. Cognetti, Esquire, and files the following Petition to Revoke Appointment of Special Divorce Master and in support thereof avers as follows: 1. Plaintiff is represented by Susan M. Kadel, Esquire, and Defendant is represented by Maria P. Cognetti, Esquire. 2. E. Robert Elicker, Esquire, was appointed Special Master in this matter by motion of Plaintiff on April 26, 2005. 3. The parties have reached an agreement resolving all outstanding issues, which was signed by all parties on December 21, 2007. WHEREFORE, Defendant requests that the Appointment of the Special Master be revoked. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: February 21, 2008 By: MARIA P. GNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that on February 21, 2008,1 served a true and correct copy of the foregoing Petition to Revoke Master at the address indicated below: Susan M. Kadel, Esquire James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: February 21, 2008 By: MARIA F. COGNETTI, ESQUIRE Attorney I.D. W. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ?= e'a c'7 ? C i+ EM 26 2= DEBORAH L. EBERLY, Plaintiff V. LEE F. EBERLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2172 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, to wit, this 6 day of , 2008, upon consideration of the attached Petition to Revoke Appointment of Special Divorce Master, it is hereby ORDERED and DECREED that the appointment of E. Robert El Distribution: ?l 4aria P. Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 ?Susan M. Kadel, Esquire, P.O. Box 650, Hershey, PA 17055 Co po .S' rn7t (ccL 3?3f? C-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DEBORAH L. EBERLY, Plaintiff VERSUS LEE F. EBERLY, Defendant N O . 2003-2172 CIVIL TERM DEGREE IN DIVORCE f1? C-? 1 x5p3rpm . AND NOW, I `? (( 2008 IT IS ORDERED AND DECREED THAT DEBORAH L. EBERLY LEE F. EBERLY AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Postnuptial Agreement dated December 21, 2007, and attached hereto are herein BY ATTEST: J 47 PROTHONOTARY DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 03-2172 CIVIL TERM LEE F. EBERLY, IN DIVORCE Defendant/respondent PACSES Case No: 692105595 ORDER OF COURT AND NOW to wit, this 1 st day of May 2008, it is hereby Ordered that the Alimony Pendente Lite order is terminated, effective March 11, 2008, with a credit of $4,798.41, pursuant to the entry of the Divorce Decree. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE Edward E. Guido, DRO: R.J. Shadday xc: Petitioner Respondent Maria P. Cognetti, Esq. Susan M. Kadel, Esq. Service Type: M J. Form OE-001 Worker: 21005 ! S :Z N ! ° ?. 0001 ?tV 03-2172 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania O Original Order/Notice Co./City/Dist. Of CUMBERLAND O Amended Order/Notice Date of Order/Notice 05/01/08 O Terminate Order/Notice Case N u m ber (See Addendum for case summary) E m ployer/With holder's Federal FIN Number RE: EBERLY, LEE F. Employee/Obligor's Name (Last, First, MI) 193-36-3667 Employee/Obligor's Social Security Number EBERLY LUMBER CO 6400101181 135 W ALLEN ST Employee/Obligor's Case Identifier MECHANIC'SBURG PA 17055-6204 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See .Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 0.00 per month to be orwar a to payee a ow. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: o. go. per weekly pay period. $ 0.00 _per biweekly pay period (every two weeks). $ 0. 01 per semimonthly pay period (twice a month). $ o. oo.per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER I DER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COU Date of Order: MAY 0 2 2Gi;8 EDWARD E. GUIDO, JUDGE DRO: R. J SHADDAY Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If yo?1 r employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting; withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor .and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2313103320 EMPLOYEE'S/OBLIGOR'S NAME: EBERLY LEE F. EMPLOYEE'S CASE IDENTIFIER: 6400101181 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT W* ADDENDUM Summary of Cases on Attachment Defendant/Obligor: EBERLY, LEE F. PACSES Case Number 692105595 PACSES Case Number Plaintiff Name Plaintiff Name DEBORAH L. EBERLY Docket Attachment Amount Docket Attachment Amount 03-2172 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB ?lfchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT Last Printed: July 24, 2009 10:24 AM a MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2003-2172 Civil Term LEE F. EBERLY, CIVIL ACTION - LAW Defendant IN DIVORCE ASSIGNED JUDGE: Edward E. Guido PETITION TO DECREASE ALIMONY AND NOW, comes Defendant, Lee F. Eberly, by and through his attorney, Maria P. Cognetti, Esquire, and files this Petition to Decrease Alimony and in support thereof avers as follows: 1. Plaintiff is Deborah L. Eberly (hereinafter "Wife"), an adult individual who resides at 9 Schoolhouse Lane, Cape May Courthouse, New Jersey. 2. Defendant is Lee F. Eberly (hereinafter "Husband"), an adult individual who resides at 505 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Husband and Wife were married on June 20, 1970, and separated on or about January 1, 2003. 1 4 Last Printed: July 24, 2009 10:24 AM 4. Wife filed a Complaint in Divorce on May 7, 2003. 5. As a result of said divorce proceedings, the parties entered into a Postnuptial Agreement on December 21, 2007. A copy of said agreement is attached hereto and marked as Exhibit "A." 6. A Decree in Divorce was entered on March 11, 2008, which incorporated but did not merge the aforementioned Postnuptial Agreement. 7. Paragraph 6 of the parties' agreement, in relevant part, requires Husband to make alimony payments to Wife in the sum of $2,500.00 per month. 8. Paragraph 6 of the parties' agreement further states that should Husband's annual net earned income fall below $110,000.00, his alimony obligation would be modifiable to a sum equal to twenty-two percent (22%) of his then current monthly net earned income. 9. In 2008 Husband's annual gross earned income, as defined by the parties' agreement, was $117,786 which, after applying appropriate taxes, results in net earned income of $83,567. 10. Husband's personal and business accountant, Creedon Hoffman of Greenawalt & Company, PC, has projected Husband's 2009 annual gross earned income to be $97,786 which, after applying appropriate taxes, results in a net earned income of $71,511. A copy of Mr. Hoffinan's calculations for 2008 and 2009 are attached hereto and marked as Exhibit "B." 11. Husband believes, and therefore avers that, based on the change in his financial circumstances, he is entitled to a decrease in his alimony obligation. 2 MARIA PJ COG Attorney I.D. No. 12. Husband believes, and therefore avers that, based on his annual projected net earned income of $71,511, his alimony obligation should be reduced to $15,732 annually or $1,311 per month. 13. The Honorable Edward E. Guido has previously heard issues involving the above- captioned parties. 14. Wife's counsel does not concur with the filing of this Petition. WHEREFORE, Husband respectfully requests this Honorable Court decrease his alimony obligation to the sum of $1,311 per month effective on the date the instant petition is filed, which is consistent with the terms of the parties' Postnuptial Agreement. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Dated: /,y '? ? By: Last Printed: July 24, 2009 12:20 PM TI, ESQUIRE 4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 3 ???? $?T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE: DEBORAH L. EBERLY, Plaintiff No. 03-2172 V. LEE F. EBERLY, Defendant POSTNUPTIAL AGREEMENT AGREEMENT made this,-, /'Q'fday of 2007, by and between DEBORAH L. EBERLY, hereinafter called "Wife," A N D LEE F. EBERLY, hereinafter called "Husband." WHEREAS, the parties were married on June 20,1970; and WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and 00095729.1 WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the final settlement of their property rights and other rights and obligations growing out of their marriage relationship. IT IS THEREFORE AGREED: CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each parry at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. DIVISION OF PERSONAL PROPERTY - The parties have heretofore divided their personal property to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. Wife acknowledges and agrees that Husband shall be retaining the marital antiques which are located at the former marital home in Mechanicsburg, Pennsylvania 00095729.1 -2- 5. REAL PROPERTY - Husband and Wife hold title as tenants by the entireties to the marital residence identified as 505 South Market Street, Mechanicsburg, Pennsylvania. Husband's counsel shall prepare a Deed for execution by Wife conveying to Husband all of her rights, title, claims and interest to the premises subject to any mortgage or any other lien on said premises. The parties agree that the executed Deed shall not be delivered to Husband's counsel until the first lump sum payment in the amount of $500,000.00 is made in full to Wife as set forth herein in paragraph 8. Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorney's fees incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises. 6. SUPPORT AND ALIMONY - The parties agree that the current alimony pendente lite order entered in the Court of Common Pleas of Cumberland County Domestic Relations Section, docketed to No. 03-2172, in the amount of $5,200.00 shall remain in full force and effect until Wife receives the lump sum payment set forth herein in paragraph 8(a), at which time it shall be terminated. The parties agree that Husband shall not be responsible for any of Wife's medical expenses not covered by insurance after the date of termination of alimony pendente lite. Further, Husband shall have no responsibility for any treatment rendered to Wife for alcohol rehabilitation services, 00095729.1 _3 _ whether in-patient or out-patient, either before or after the date of termination of alimony pendente lite. Husband shall pay to Wife for her support and maintenance, alimony in the sum of Two Thousand Five Hundred Dollars ($2,500.00) per month, said payments to commence on the first of the month next following the payment of the $500,000.00 lump sum as set forth herein in paragraph 8(a). Said payments shall terminate in the event of Wife's remarriage or cohabitation with an unrelated adult male or unrelated adult female. Said payments shall also terminate immediately upon the death of Husband or Wife. In no event shall this Agreement constitute a charge against Husband's Estate except as to the extent of any amounts due but unpaid at the date of Husband's death. The parties agree that the Alimony Order shall be entered and enforced by Cumberland County Domestic Relations. It is the intention of the parties that the alimony payments set forth herein shall be subject to modification only in the event that Husband's annual net, earned income falls below $110,000.00. "Net" income shall be determined by subtracting only the following items from gross income: (1) federal, state and local income taxes on the earned income and (2) FICA payments. Earned income for purposes of this Agreement shall be defined as income derived from Husband's active participation in his business, including wages, salary, commissions, and bonuses. 00095729.1 -4- If Husband seeks a modification of his alimony obligation, the burden shall be upon him to show that any monies paid to him by the business are not, in fact, earned income as defined above. Furthermore, in determining whether a modification is warranted, any monies received by Husband from Eberly Lumber or other Eberly entities, if found to be a substitution for Husband's earned income, shall be included in the calculation of Husband's income for purposes of determining an alimony award. However, any monies which Husband receives from Eberly Lumber or other Eberly entities, which Husband can show are not a substitution for earned income, shall not be included in the calculation of Husband's income for purposes of calculating alimony. Furthermore, items such as rental income, dividend and interest income and the like shall not be considered earned income of Husband to the extent that Husband had previously received such items prior to execution of the Postnuptial Agreement. The parties agree that if Husband or Wife shall petition for a modification or termination of his alimony obligation hereunder, such case shall automatically be deemed complex and all rights to discovery shall be available to both parties. Should Husband prove that his annual net earned income (as previously defined in this paragraph) has fallen below One Hundred Ten Thousand Dollars ($110,000.00), his monthly alimony obligation shall be calculated as Twenty-two percent (22%) of his then current monthly net earned income. If Husband's annual net earned income should increase, subsequent to his receiving a decrease in his alimony obligation, Wife shall be 00095729.1 -5- entitled to file for a modification seeking an increase in the amount of monthly alimony payments. Should Wife prove that Husband's annual net earned income has increased from the amount used to determine his decreased alimony obligation, Husband's monthly alimony obligation shall continue to be calculated as Twenty-two percent (22%) of his then current monthly net earned income; however, in no event shall Husband's monthly alimony obligation exceed Two Thousand Five Hundred Dollars ($2,500.00) per month. Should Husband ever seek, and be awarded, a decrease in his monthly alimony obligation, Husband agrees to voluntarily provide any and all financial, employment and/or income information to Wife's counsel within thirty (30) days of any reasonable request to do so. Further, the parties agree that Husband shall pay an additional One Thousand Dollars ($1,000.00) per month in non-modifiable alimony to Wife for a period of one (1) year. The payment of said additional monthly alimony shall commence simultaneously with the payment of the aforementioned Two Thousand Five Hundred Dollar ($2,500.00) monthly alimony. Said additional monthly alimony payments shall be entirely non-modifiable and shall not be affected in any way by either party's attempt to seek a modification of the aforementioned Two Thousand Five Hundred Dollar ($2,500.00) monthly alimony payment. For purposes of clarification, this portion of the alimony shall, in essence, be a non factor in any future modification proceeding. Said additional monthly alimony payments shall terminate only in the event of the death of Husband or Wife. 00095729.1 -6- As security for the aforesaid alimony payments, Husband agrees to maintain life insurance, insuring his life, in the amount of $100,000.00 and to designate Wife as the beneficiary. The obligation to maintain said insurance shall terminate in the event that Husband ceases to have any "earned income" as defined herein. In addition, Husband shall provide to Wife, upon execution of this Agreement, proof of his compliance with the provisions of this paragraph. Thereafter, he shall provide such proof to Wife on each one (1) year anniversary of execution of this Agreement. If Husband has failed to maintain adequate life insurance as provided in this Agreement, Wife shall have the right to collect any deficit which results from his estate. 7. FARMLAND - The parties acknowledge that Husband is a fifty percent (50%) owner of farmland located at 1714 Fisher Road, Mechanicsburg, Upper Allen Township, Pennsylvania. The parties further acknowledge that as the property was acquired by Husband in 1991 through a gift, only the increase in value of the property during the marriage is marital property. The parties agree that this property shall remain the sole and separate property of Husband, free and clear of any claim by Wife to the same, including the increase in value of said property during the marriage. Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorney's fees incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, 00095729.1 -7- but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises. 8. LUMP SUM PAYMENT - In addition to the equitable distribution set forth in the provisions of this Agreement, and in consideration of the mutual waivers herein, Husband agrees to pay to Wife, in the form of equitable distribution, the sum of One Million One Hundred Forty-five Thousand Five Hundred Sixty-four Dollars ($1,145,564.00) payable as follows: V5?'` ( 'D - (a) Five Hundredbollars ($500,000.00) payable within thirty (30) days of the execution of this Agreement. (b) Six Hundred Forty-five Thousand Five Hundred Sixty-four Dollars ($645,564.00) within one (1) year of the date of the payment identified above in paragraph 8(a). However, in the event that settlement for the sale of the Stone Harbor shore property identified in paragraph 9 of this Agreement takes place prior to one (1) year from the date of execution of this Agreement then the second lump sum shall be payable at the time of settlement from Husband's net portion of the sale proceeds of the Stone Harbor shore property as set forth herein in paragraph 9. In the event that Husband's net portion of the sale proceeds from the shore property is insufficient to meet this obligation in total, he shall pay to Wife the remaining sum outstanding within one (1) year of the date of the payment identified above in paragraph 8(a). 00095729.1 _ 8 _ 9. SHORE PROPERTY - A. The marital assets of the parties include a shore home located at 11019 Sunset Drive, Stone Harbor, New Jersey (the "Shore Property") which is currently deeded in Husband's name. The parties agree that simultaneously with execution of this Agreement, they shall execute a Deed transferring the Shore Property to Husband and Wife jointly which shall promptly be recorded by Wife's counsel. Husband and Wife agree to equally share in the cost of preparation and recording of the Deed which total cost is $885.00, which has already been paid by the parties. The parties currently have the Shore Property listed for sale with Diller and Fisher Realtors at a listing price of $1,899,000.00. The parties agree to divide the net proceeds (after deduction of all commissions, expenses, and fees associated with this sale) as follows: Fifty-five Percent (55%) to Wife; Forty-five Percent (45%) to Husband. Upon the sale of the Shore Property, the total Federal capital gains taxes and New Jersey State tax shall be determined. Each party shall report on their individual tax returns, and be responsible for, the tax on their respective percentages as set forth above. Husband and Wife agree to cooperate with each other to provide any and all documentation necessary to calculate the basis of the Shore Property for calculation of the tax. The parties agree that pending sale of the Shore Property, Husband shall have exclusive possession and use of the home. Husband agrees that possession shall be for 00095729.1 _9_ his personal use only and he shall not rent the Shore Property. Further, Husband agrees to be responsible for any and all expenses related to the Shore Property including taxes, utilities and other expenses. In the event that the Shore Property needs improvements pending sale, the parties hereby stipulate that, upon their agreement that an improvement is necessary, Husband shall advance the cost for the improvement and he shall be reimbursed from the net proceeds of the sale prior to distribution to either of the parties. The parties agree that acceptance of a reasonable and bona fide offer to purchase the Shore Property shall not be unreasonably withheld by either party. The parties agree that in the event that either party believes that acceptance is being unreasonably withheld by the other party, the issue will immediately be submitted to the Court of Common Pleas of Cumberland County for resolution by Petition for Emergency Relief. The parties agree that they will continue to list the Shore Property for sale with Diller and Fisher Realtors unless otherwise agreed upon by Husband and Wife. The parties agree that the Shore Property will be listed at a price suggested by the listing real estate office. B. RIGHT OF FIRST REFUSAL - Husband shall have a limited right of first refusal (the "Refusal Right") to purchase Wife's one-half ('h) interest in the Shore Property ("Wife's Interest"). The Refusal Right shall be governed by and subject to the terms and conditions provided in this Section 9B. Although the parties will jointly own 00095729.1 _10- the Shore Property under the deed provided for in Section 9A of this Agreement, Wife's Interest shall, for purposes of the Refusal Right, be monetarily equivalent to fifty-five percent (55%) of the Offer Price (as hereinafter defined). As provided in Section 9A of this Agreement, the parties have listed the Shore Property for sale with Diller & Fisher Realtors (the "Broker") and have agreed to continue said listing at the listed price suggested, from time to time, by the Broker (the "Listed Price"). The Refusal Right shall be effective and enforceable by Husband only so long as the Shore Property is listed for sale with Broker or with another broker pursuant to agreement of the parties under Section 9A of this Agreement. Currently, the Listed Price is $1,899,000.00. The Refusal Right shall only be available to Husband if the Broker obtains and delivers to the parties a bona fide third party offer to purchase the Shore Property in the form of an agreement for sale signed by the prospective purchaser satisfying the following requirements (the "Offer"): (i) a cash purchase price which either equals or exceeds the Listed Price (the "Offer Price"); (ii) a complete absence of conditions precedent to the buyer's performance, including, without limitation, any condition for financing; (iii) final closing and payment of the Offer Price in full within no more than ninety (90) days following signature of the agreement of sale; and (iv) other terms not inconsistent with those customary for similar transactions in Cape May County, New Jersey. If Husband or Wife receives any written offer to purchase the Shore Property from Broker, whether or not such offer to purchase constitutes an Offer, the party receiving such offer to purchase will 00095729.1 - I I - promptly notify the other party in writing of its receipt and transmit a copy of such offer to purchase to the other party. If Wife receives an offer to purchase at a price less than the Listed Price which otherwise satisfies the within criteria for an Offer, and Wife decides to accept such offer to purchase, Wife shall promptly provide written notice to Husband of same and such offer to purchase shall become, for purposes of this Agreement, an Offer and the price provided therein shall become the Offer Price. Husband may exercise the Refusal Right only by written notice of exercise delivered to Wife within two (2) days following Husband's receipt of notice of the Offer. Husband's notice to Wife of exercise of the Refusal Right must be accompanied by: (1) a written agreement to purchase Wife's Interest executed by Husband containing. the same terms and conditions, except for the Purchase Price, provided in the Offer; and (ii) a check payable to Wife in the amount of fifty-five percent (55%) of the earnest money deposit provided in the Offer. The purchase price under the Refusal Right and in the agreement to purchase executed by Husband shall be equal to fifty-five percent (55%) of the Offer Price. If Husband exercises the Refusal Right, the transfer of Wife's Interest shall be subject to all of the costs and expenses (including any lien resulting from same) assumed by Husband under Section 9A of this Agreement, and no such costs and expenses shall be prorated or adjusted between the parties, notwithstanding local customs and practices or provisions of the Offer to the contrary. If Husband does not exercise the Refusal Right in the manner and within the time provided herein, Husband shall promptly execute and 00095729.1 -12- accept the Offer and proceed with sale of the Shore Property pursuant to the terms and conditions of the Offer. The Refusal Right is personal to Husband, may not be assigned by Husband and may not be enforced by Husband's heirs, estate or personal representatives. Any agreement for sale executed by Husband and Wife pursuant to the Refusal Right shall be nonassignable by Husband. If Husband does not exercise the Refusal Right in the manner and within the time provided in this Section 913, the Refusal Right shall be absolutely and unconditionally terminated without further notice or action by either party, and the parties shall accept the Offer and proceed to close the sale of the Shore Property pursuant to the Offer. If Husband does not exercise the Refusal Right and the sale of the Shore Property pursuant to the Offer is not consummated for any reason other than default by Husband under this Agreement or under the agreement for sale between the parties hereto and the buyer, the Refusal Right shall be reinstated, and the Shore Property, Wife's Interest in the Shore Property and any sale of the Shore Property by the parties shall remain subject to the Refusal Right. Any notice or communication required or permitted to be given by either party under this Section 9 may be given by legal counsel for the parry giving such notice or making such communication. Any notice may be given by personal delivery, United States mail, courier delivery service, facsimile or e-mail, and shall be effective upon actual receipt, regardless of the method of transmission. 00095729.1 -13- 10. INVESTMENT ACCOUNTS - Wife has acquired during the marriage investment assets which are held in Merrill Lynch Account #794-11620 in Wife's name alone. Husband hereby waives any claim to said assets as part of Wife's equitable distribution of marital property. Husband has acquired during the marriage investment assets which are held in Merrill Lynch Account #872-39187 in Husband's name alone. The parties acknowledge that the investments are non-marital as they were acquired by Husband through gift. Wife hereby waives any claims to said assets and Husband shall retain them free and clear of any claim by Wife to the same. 11. LIFE INSURANCE - Husband is the owner of a whole life insurance policy with Northwestern Mutual, Policy #12-428-880. The parties agree that this policy shall remain his sole and separate property and Wife waives any and all interest thereto. 12. BUSINESS INTERESTS - Husband has a forty (40%) percent ownership interest in Eberly Lumber Company, Inc. and a forty-nine (49%) percent ownership interest in Eberly Associates, a real estate partnership. Wife hereby waives any right, title and/or interest that she may have in the aforementioned business entities and, from the date of execution of this Agreement, Husband shall retain all right, title and/or interest in and to the aforesaid business entities as his sole and exclusive property. 00095729.1 -14- Wife hereby acknowledges that Husband has disclosed and provided to her, for use by her counsel and expert, all necessary documents in order to properly value the aforesaid business entities, and that said valuations were made a part hereof and constituted a basis for the terms, conditions and agreements provided for herein. Wife hereby acknowledges that she will sign any necessary documents in order to effectuate transfer of any legal interest she may have in the aforesaid business entities, including, but not limited to, stock certificates, shareholders agreements, powers of attorney and/or tax returns. 13. VEHICLES - Husband and Wife agree that hereafter Wife shall be and remain the sole owner of the 2004 Subaru Legacy automobile currently titled in her name. Husband and Wife agree that Husband shall hereafter be and remain the sole owner of the Toyota Supra currently titled in his name. Each agrees to assume and pay any indebtedness relating hereto and to indemnify and hold the other harmless from the payment thereof. The model years of the aforesaid vehicles may not be exact and are used for general identification of the vehicles only. 14. BOAT - Husband is the sole owner of a 289 Walkaround Powerboat that he purchased in June 2002, with non-marital funds. The parties agree that hereafter Husband shall be and remain the sole owner of said boat free and clear from any claim by Wife. 00095729.1 -15- 15. COUNSEL FEES - A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 16. WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive forever any right, title or interest each party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account for retirement or deferred income). Specifically, Husband has a profit sharing plan with Eberly Lumber Company and a Merrill Lynch IRA; Account #872-79791. Wife also has a Merrill Lynch Roth IRA; Account #794-11619. Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under Section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property. 17. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be 00095729.1 -16- responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 18. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 19. WAIVER AND RELEASE OF ESTATE RIGHTS - Each parry hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The parties each waive, release and disclaim any and all right to receive the benefits of any property passing outside of the other's Will (including, without limitation, life insurance proceeds, 00095729.1 -17- and retirement, pension and profit sharing plan benefits), except as otherwise set forth in this Agreement. The parties further waive, release and disclaim any and all right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will or to act as personal representative of the estate of the other, unless such a legacy, bequest or residuary portion has been specifically made to the other and a specific acknowledgement as to the existence of this Agreement is made therein. 20. SUBSEQUENT DIVORCE - The parties hereby acknowledge that Wife has filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 03-2172, claiming that the marriage is irretrievably broken under the. no fault, mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code as soon as practicable. The parties hereby waive all rights to request court-ordered counseling under the divorce code. Neither party to such action shall seek alimony, alimony pendente lite, or spousal support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating the equitable distribution of property of the parties are accepted by each party as a final 00095729.1 -18- settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 21. EQUITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 22. FINANCIAL DISCLOSURE - This Agreement is made upon the assurance that each party has made a full, complete and total disclosure to the other of his or her income and the nature, extent and value of all of the spouses' respective assets and obligations, for the purpose of inducing the other party to enter into this Agreement, and therefore, to the extent that a party has failed to make such full and complete disclosure, then the releases and waivers contained in this Agreement shall be null and void as to any income, property or asset of the other which he or she has not disclosed; and any such property is unaffected by this Postnuptial Agreement. In the event that by reason of such nondisclosure by one party, the other party incurs additional counsel fees or incurs or expends suit money or costs in order to protect or assert his or her rights or claims, the nondisclosing party shall be obligated to and shall forthwith pay to the other party all such reasonable attorney's fees, court costs, and suit money, and further, that party shall hold harmless and indemnify the other from all financial detriment thereby incurred by that parry. 00095729.1 -19- 23. TAX ADVICE - The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice with respect to this Agreement, that each parry has been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement and that they have had the opportunity to do so. 24. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release, and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties have, or ever had against the other. 25. BREACH - If either party breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies for relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in a Court of Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the ground of lack of 00095729.1 -20- jurisdiction of said court or on the ground of an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by their agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of courts in equity over Agreements such as this one. The parties hereto agree that the provisions of this Agreement, including support, visitation or otherwise, may be entered and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, in the instance in question, when any problem arises. 26. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS - All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually and all property acquired by Husband or Wife individually at any time after the execution of this Agreement shall remain the separate property of Husband or Wife and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code, and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a full and final property settlement and each agrees that he or she has no further claims against the other for equitable distribution of the property, 00095729.1 -21- alimony or any other property claim permitted by the Pennsylvania Divorce Code now or in the future enacted. 27. ADDITIONAL INSTRUMENTS - Each of the parties shall, from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments which may be reasonably required to give full force and effect to the provisions of this Agreement. 28. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE - This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 29. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each parry acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by his or by her counsel. 00095729.1 -22- Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by counsel, Susan M. Kadel, Esquire, and that Husband, has been independently represented by counsel, Maria P. Cognetti, Esquire. Each party hereby confirms that he or she fully understands the terms, conditions and provisions hereof and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, having either obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 30. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 31. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either parry to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 00095729.1 -23- 32. SITUS - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 33. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 34. BINDING EFFECT - Except as otherwise stated within, all the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. 35. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 36. INCORPORATION - It is the intent of the parties that this Agreement be incorporated but not merged into any final decree of divorce which might be entered in the future. 00095729.1 -24- IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this instrument the day and year first above written. WITNESSES: Susan a 16 el, Esquire Maria P. o 0e, Esquire Ajfia k" f (SEAL) Deborah L. Eberly 07 4 _ (SEAL) ,?? L e F. Eberly 00095729.1 -25- STATE OF NEW JERSEY n :ss. COUNTY OF 1, I (: 1"Yl Y?j On this$ day of 0 V , 2007, before me, a Notary Public, the undersigned officer, personally appeared Deborah L. Eberly, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes ther IN WITNESS WHEREOF, I hereunto set my hand a ,d o al seal. f tdPl)EtU_bK K AAM #we of MW im" Notary blic M*;Otl*nWA*`` *I1W Jun 119,201 40-m-0. Wool My Commission Expires: b _ < COMMONWEALTH OF PENNSYLVANIA : :ss. COUNTY OF On this day of , 2007, before me, a Notary Public, the undersigned officer, personally appeared Lee F. Eberly, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public My Commission Ex fires: N07ARIALSEAL y P CITY OF HARRIS6URG, OAUPHIN'CO. MY COMMISSION EXPIRES OCT. 24, 2009 00095729.1 -26- I ') ok??JT t. ?` loo aikeo, Lee F. Eberly 505 South Arch Street Mechanicsburg, PA 17055 Dear Lee: April 30, 2009 James E. Lyons Howard R. Greenawalt Deborah J. Kelly Scott J. Christ Creedon R. Hoffman As you requested, I am writing this letter to substantiate the decrease in your incomes from Eberly Lumber Company, Inc. and Eberly Associates. I have been Eberly Lumber and Eberly Associates independent accountant for many years, and am aware of the financial state of both entities. I have also prepared your personal income tax returns for many years. Eberly Lumber Company, Inc. operates on a March through February fiscal year. In past years, including the year ended February 2008, officers' bonuses were paid in varying amounts dependent upon the company's profit. For the year ended February 2008, the bonus paid to you was $ 20,000. Because of a downturn in the company's business during the most recent year ended in February 2009, you did not, and will not be receiving any bonus. There will not be any contribution to the Profit-Sharing Plan. Your 2009 salary will remain at the same level, $ 2,000 every two weeks. This is the same amount you received during 2008. Your 2009 W-2 earnings from Eberly Lumber will be $ 20,000 less. The current 2009-2010 fiscal year operations are not showing any signs of any improvement. This indicates that a February 2010 bonus will not be paid. Because the Lumber Company is experiencing these losses, the rents paid by the Lumber Company to Eberly Associates will not be increasing. As a result, your income from Eberly Associates will remain the same, at best. The table below compares your actual 2008 calendar year incomes from Eberly Lumber and Eberly Associates to the anticipated 2009 calendar year amounts. Lumber Company salary cash Lumber Company value of vehicle use Lumber Company rent for garage Eberly Associates Net rental partnership share Total income from Eberly Lumber and Eberly Associates 2008 2009 Decrease $ 72,250 $ 52,250 $ (20,000) 3,137 3,137 - 75,387 55,387 (20,000) 300 300 42.099 42,099 $ 117.786 $ 97.786 $ (20.000) Your income from Eberly Lumber and Eberly Associates will decrease $ 20,000. Very truly yours, Creedon R. Hoffman GREENAWALT & COMPANY, P.C. 400 West Main Street . Mechanicsburg, PA 17055 •717.766.4763 • Fax 717.766.2731 62 West Pomfret Street • Carlisle, PA 17013 * 717.243.4822 • Fax 717.258.9372 www.greenawalt.cc Greenawalt & Company, P.C. CERTIFIED PUBLIC ACCOUNTANTS Since 1955 a4-ca Lee F. Eberly 505 South Arch Street Mechanicsburg, PA 17055 Dear Lee: April 30, 2009 Creedon R. Hoffman As you requested, I am writing this letter to substantiate the decrease in your incomes from Eberly Lumber Company, Inc. and Eberly Associates. I have been Eberly Lumber and Eberly Associates independent accountant for many years, and am aware of the financial state of both entities. I have also prepared your personal income tax returns for many years. Eberly Lumber Company, Inc. operates on a March through February fiscal year. In past years, including the year ended February 2008, officers' bonuses were paid in varying amounts dependent upon the company's profit. For the year ended February 2008, the bonus paid to you was $ 20,000. Because of a downturn in the company's business during the most recent year ended in February 2009, you did not, and will not be receiving any bonus. There will not be any contribution to the Profit-Sharing Plan. Your 2009 salary will remain at the same level, $ 2,000 every two weeks. This is the same amount you received during 2008. Your 2009 W-2 earnings from Eberly Lumber will be $ 20,000 less. The current 2009-2010 fiscal year operations are not showing any signs of any improvement. This indicates that a February 2010 bonus will not be paid. Because the Lumber Company is experiencing these losses, the rents paid by the Lumber Company to Eberly Associates will not be increasing. As a result, your income from Eberly Associates will remain the same, at best. The table below compares your actual 2008 calendar year incomes from Eberly Lumber and Eberly Associates to the anticipated 2009 calendar year amounts. 2008 2009 Decrease Lumber Company salary cash Lumber Company value of vehicle use Lumber Company rent for garage Eberly Associates Net rental partnership share Total income from Eberly Lumber and Eberly Associates $ 72,250 3.137 75,387 300 300 42.099 42.099 $ (20,000) (20,000) $ 117.786 $ 97.786 (20.000) Your income from Eberly Lumber and Eberly Associates will decrease $ 20,000. Very truly yours, ?- ?t 1 ? Creedon R. Hoffman GREENAWALT & COMPANY, P.C. Greenawalt & Company, P.C. James E. Lyons CERTIFIED PUBLIC ACCOUNTANTS Howard R. Greenawalt Since 1955 Deborah J. Kelly Scott J. Christ $ 52,250 3.137 55,387 400 West Main Street . Mechanicsburg, PA 17055. 717.766.4763 • Fax 717.766.2731 62 West Pomfret Street . Carlisle, PA 17013 •717.243.4822 • Fax 717.258.9372 www.greenawalt.cc Last Printed: July 24, 2009 10:24 AM CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition to Decrease Alimony at the address indicated below: Susan M. Kadel, Esquire JAMES SMITH DIETTERICK & CONNELLY, LLP P O Box 650 Hershey, PA 17033 Service bv• Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery X Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: July o, f '2009 By: MARIA P1 COG(NWTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ')7t U- - tz_ R.'?l ? ;20c,g fu? .2,7 1407 JUL 312009 ej DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2003-2172 Civil Term LEE F. EBERLY, CIVIL ACTION - LAW Defendant IN DIVORCE ASSIGNED JUDGE: Edward E. Guido RULE TO SHOW CAUSE day of 2009, upon AND NOW, to wit, this 3P? V, U - - - - --? consideration of Defendant's Petition to Decrease Alimony, a RULE is hereby issued upon Plaintiff to show cause, if any, why the relief requested should not be granted. RULE RETURNABLE WITHIN DAYS OF SERVICE. BY THE COURT J. Distribution: Susan M. Kadel, Esquire ,.-'JAMES SMITH DIETTERICK & CONNELLY, LLP P O Box 650 Hershey, PA 17033 ??j I *£.S M?-? lkL?+ 8/3l09 aria P. Cognetti, Esquire COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 FILE[.I.tYi o'iv OF Tk,E P" `_,TARY 47 0 0 9 AUG -3 A1111 ;10: 2 2 s Y MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEASE Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-2172 CIVIL TERM LEE F. EBERLY, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Petition To Modify Alimony was served upon Plaintiff, Deborah Eberly, by certified mail, return receipt requested, on August 6, 2009. The original signed return receipt, number 7002 0510 0003 6465 6959 is attached hereto and made a part hereof. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Dated: August 10, 2009 By: MARIA P. QO TTI, ES Attorney I.D. N4. 27 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant r ¦ CIS *ms 1, 2, and & Abb Ibsur 4 M Rrrhtcdsd Ds9Mery is>daWred. ¦ Pint your nobs and addnai on the revan -so that we rwn Mt rn the card to you. Mach this owd to the bade of the mal,"w% or our the ftfit N epaoe perms. jj? R D AddMs 8. (MMed nf ?dr+r^i sr ?Nt?i?'ZrG? ? ?? 9" 1. Artlds Addressed tat" D. IselOW, ardd?MSe rrr?It4 1bm K Yom, antsy dWMy addti WOW: D No a Serrioe type ?Cermllae MeN G egeres Ma RplMrted 13 RMwn Raostt}t tsor Mwnlrardte Y tuMd o rww v c o D. 4. Rubtohd Clarrary4 ?ktre D yn 2. Arnd.Nsmae+r (1larrdir 3bon? srr.rfc. 7002 0510 0003 6465 6959 PS Form 3811., February 2004 Dom w PA m, Receipt 10QSes ax-Wtoga uw TE F- pr,, f ;-)t4py 2009 AUG I I I e l 12: 5 1 a Cya t va? I w yF 4 L,'_ Susan M. Kadel, Esquire Attorney I.D. No. 44837 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff DEBORAH L. EBERLY, Plaintiff/Respondent V. LEE F. EBERLY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2172 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO DECREASE ALIMONY AND NOW, comes the Plaintiff/Respondent, Deborah L. Eberly, by and through her counsel, Susan M. Kadel, Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP and files this Answer to Petition to Decrease Alimony and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. However, by way of further answer, the determination of Husband's annual net earned income is defined with greater specificity in the Agreement. 9. Denied. After reasonable investigation, Respondent, Deborah L. Eberly, is without knowledge or information sufficient to form a belief as to the truth of Petitioner's averment and strict proof thereof is demanded at trial. 10. Denied. After reasonable investigation, Respondent, Deborah L. Eberly, is without knowledge or information sufficient to form a belief as to the truth of Petitioner's averment and strict proof thereof is demanded at trial. 11. Denied as a conclusion of law to which no response is required. By way of further answer, after reasonable investigation, Respondent, Deborah L. Eberly, is without knowledge or information sufficient to form a belief as to the truth of Petitioner's averment and strict proof thereof is demanded at trial. 12. Denied as a conclusion of law to which no response is required. By way of further answer, after reasonable investigation, Respondent, Deborah L. Eberly, is without knowledge or information sufficient to form a belief as to the truth of Petitioner's averment and strict proof thereof is demanded at trial. 13. Admitted. 14. Admitted. WHEREFORE, Plaintiff/Respondent, Deborah L. Eberly, respectfully requests this Honorable Court deny Defendant/Petitioner, Lee F. Eberly's, Petition to Decrease Alimony. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: U - - z ?-,ft I By: Susan M. Kadel Attorney I.D. #44837 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff, Deborah L. Eberly VERIFICATION The undersigned, Susan M. Kadel, Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Answer has been prepared by me by knowledge and information acquired during the course of my representation of Plaintiff, Deborah L. Eberly; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: C Sus M. adel, Esquire DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2172 LEE F. EBERLY, CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Deborah L. Eberly, hereby certify that I have served a copy of the foregoing Answer on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: ? ze-1 2, Sus . adel Attorney I.D. #44837 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff, Deborah L. Eberly OF ^TARY 7009 AUG 18 PM 3. 2 4 DEBORAH L. EBERLY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. LEE F. EBERLY : NO. 2003-2172 CIVIL ORDER OF COURT AND NOW, this 3RD day of NOVEMBER, 2009, a hearing on Defendant's Petition to Decrease Alimony is scheduled for MONDAY. JANUARY 4, 2010, at 0 .m. in Courtroom # 3. By the Edward E. Guido, J. ?Susan M. Kadel, Esquire For he Plaintiff Maria P. Cognetti, Esquire For the Defendant :sld co P i-es 6L U/316or .2:/Yl 3 f? ill E?Cri-luE 2009 NOV -3 PH C' 5 1 DEBORAH L. EBERLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANA N V. : NO.03-2172 J Q C l? LEE F. EBERLY, : CIVIL ACTION - LAW Defendant : IN DIVORCE r `' c ) -{" W om STIPULATION FOR ENTRY OF ORDER c AND NOW, comes the Petitioner/Defendant, Lee F. Eberly, by and through his counsel, Maria P. Cognetti, Esquire, and the Respondent/Plaintiff, Deborah L. Eberly, by and through her counsel, Susan M. Kadel, Esquire, and sets forth their agreement to resolve the issues raised in Petitioner's Petition to Decrease Alimony as follows: 1. Petitioner/Defendant, Lee F. Eberly, filed a Petition to Decrease Alimony on July 27, 2009. A true and correct copy of the Petition is attached hereto, incorporated herein, and identified as Exhibit "A". 2. Respondent/Plaintiff, Deborah L. Eberly, filed an Answer to Defendant's Petition to Decrease Alimony on August 18, 2009. 3. Pursuant to Order dated November 3, 2009, this Honorable Court scheduled a Hearing on the Petition to Decrease Alimony for Monday, January 4, 2010, at 9:30 a.m. in Courtroom No. 3. 4. The parties have agreed to a resolution of the issues raised in the Petition and agree to the entry of a stipulated Order as set forth in detail in Exhibit "B" attached hereto and incorporated herein. The parties agree that for purposes of calculation of Petitioner, Lee F. Eberly's income pursuant to the terms of the parties' Postnuptial Agreement dated December 21, 2007, a reduction in alimony is warranted at this time as his gross 2009 "earned income" is as follows: Lumber Company Salary Cash $52,250.00 Lumber Company Value of Vehicle Use 3,137.00 $55,387.00 Lumber Company Rent for Garage $300.00 Eberly Associates Net Rental Partnership Share $42,099.00 Total Income from Eberly Lumber and Eberly Associates 97 786.00 6. Based upon the gross 2009 earned income as set forth above, the parties agree that pursuant to the Postnuptial Agreement, twenty two (22%) percent of "net" or after-tax income results in a monthly sum of $1,311.00 of alimony. 7. The parties further agree that Petitioner, Lee F. Eberly, will provide to Deborah Eberly's counsel within thirty (30) days of filing the same with the Internal Revenue Service, a copy of his Individual Federal Income Tax Return with all Schedules. Respectfully submitted, Maria P. Cbgnetti, sq i Attorney I.D. No. 2ZW4 Attorney for Petitioner, Lee F. Eberly Susan M. Kadel, Esquire Attorney I.D. No. 44837 Attorney for Respondent, Deborah L. Eberly Exhibit "A" r' y Last Printed: July 24, 2009 10:24 AM N L? -n rTI MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 G d i ran v ew Avenue, Suite 102 -c 3 c Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant DEBORAH L. EBERLY, IN THE COURT OF COMMON PLEAS :Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-2172 Civil Term LEE F. EBERLY, CIVIL ACTION - LAW Defendant IN DIVORCE ASSIGNED JUDGE: Edward E. Guido PETITION TO DECREASE ALIMONY AND NOW, comes Defendant, Lee F. Eberly, by and through his attorney, Maria P. Cognetti, Esquire, and files this Petition to Decrease Alimony and in support thereof avers as follows: 1. Plaintiff is Deborah L. Eberly (hereinafter "Wife"), an adult individual who resides at 9 Schoolhouse Lane, Cape May Courthouse, New Jersey. 2. Defendant is Lee F. Eberly (hereinafter "Husband"), an adult individual who resides at 505 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Husband and Wife were married on June 20, 1970, and separated on or about January 1, 2003. 1 Fti t 4. Wife filed a Complaint in Divorce on May 7, 2003. Last Printed: July 24, 2009 10:24 AM 5. As a result of said divorce proceedings, the parties entered into a Postnuptial Agreement on December 21, 2007. A copy of said agreement is attached hereto and marked as Exhibit "A." 6. A Decree in Divorce was entered on March 11, 2008, which incorporated but did not merge the aforementioned Postnuptial Agreement. 7. Paragraph 6 of the parties' agreement, in relevant part, requires Husband to make alimony payments to Wife in the sum of $2,500.00 per month. 8. Paragraph 6 of the parties' agreement further states that should Husband's annual net earned income fall below $110,000.00, his alimony obligation would be modifiable to a sum equal to twenty-two percent (22%) of his then current monthly net earned income. 9. In 2008 Husband's annual gross earned income, as defined by the parties' agreement, was $117,786 which, after applying appropriate taxes, results in net earned income of $83,567. 10. Husband's personal and business accountant, Creedon Hoffinan of Greenawalt & Company, PC, has projected Husband's 2009 annual gross earned income to be $97,786 which, after applying appropriate taxes, results in a net earned income of $71,511. A copy of Mr. Hoffman's calculations for 2008 and 2009 are attached hereto and marked as Exhibit "B." 11. Husband believes, and therefore avers that, based on the change in his financial circumstances, lie is entitled to a decrease in his alimony obligation. 2 f. I Last Printed: July 24, 2009 12:20 PM 12. Husband believes, and therefore avers that, based on his annual projected net earned income of $71,511, his alimony obligation should be reduced to $15,732 annually or $1,311 per month. 13. The Honorable Edward E. Guido has previously heard issues involving the above- captioned parties. 14. Wife's counsel does not concur with the filing of this Petition. WHEREFORE, Husband respectfully requests this Honorable Court decrease his alimony obligation to the sum of $1,311 per month effective on the date the instant petition is filed, which is consistent with the terms of the parties' Postnuptial Agreement. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES 4, Dated: ?/a T By; /7?v MARIA P. COG E TI, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 3 ? ` n w Last Printed: July 24, 2009 10:24 AM CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition to Decrease Alimony at the address indicated below: Susan M. Kadel, Esquire JAMES SMITH DIETTERICK & CONNELLY, LLP P O Box 650 Hershey, PA 17033 Service by: :Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery X Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES T Date: Julys Y , 2009 By: MARIA P1 CO(PVTI, ESQUIRE Attorney I.D. No. 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant Exhibit "B" DEBORAH L. EBERLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of January, 2010, upon consideration of the Stipulation for Entry of Order executed by counsel for the parties, it is hereby ORDERED and DECREED as follows: 1. Effective January 1, 2010, the Petitioner, Lee F. Eberly, shall pay in alimony to Respondent, Deborah L. Eberly, the sum of One Thousand Three Hundred Eleven ($1,311.00) Dollars per month. 2. Said payments shall be subject to all the terms and conditions as set forth in the parties' Postnuptial Agreement executed on December 21, 2007. 3. Deborah L. Eberly shall also pay to Lee F. Eberly within thirty (30) days of the date of this Order, the lump sum of $5,000.00, which sum represents full and final payment of any alimony overpayment made by Mr. Eberly since the date of filing his Petition for Modification. 4. Lee F. Eberly shall provide to counsel for Deborah L. Eberly a true and correct copy of his 2009 Federal Income Tax Return with all attached schedules within thirty (30) days of filing the same with the Internal Revenue Service. BY THE COURT: J. Distribution: Susan M. Kadel, Esquire, Post Office Box 650, Hershey, PA 17033 Maria P. Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 k P " JAN 12 2010 DEBORAH L. EBERLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2172 LEE F. EBERLY, : CIVIL ACTION - LAW Defendant : IN DIVORCE _.3 ORDER OF COURT AND NOW, this day of January, 2010, upon consideration of the StipWation°fdr `: ,- rs Entry of Order executed by counsel for the parties, it is hereby ORDERED and DECREED?ts { follows: 1. Effective January 1, 2010, the Petitioner, Lee F. Eberly, shall pay in alimony to Respondent, Deborah L. Eberly, the sum of One Thousand Three Hundred Eleven ($1,311.00) Dollars per month. 2. Said payments shall be subject to all the terms and conditions as set forth in the parties' Postnuptial Agreement executed on December 21, 2007. 3. Deborah L. Eberly shall also pay to Lee F. Eberly within thirty (30) days of the date of this Order, the lump sum of $5,000.00, which sum represents full and final payment of any alimony overpayment made by Mr. Eberly since the date of filing his Petition for Modification. 4. Lee F. Eberly shall provide to counsel for Deborah L. Eberly a true and correct copy of his 2009 Federal Income Tax Return with all attached schedules within thirty (30) days of filing the same with the Internal Revenue Service. T: 3 J. DD. tribution: "Susan M. Kadel, Esquire, Post Office Box 650, Hershey, PA aria P. Cognetti, Esquire, 210 Grandview Avenue, Suite 1/13/16 "-=ryA 17033 102, Camp Hill, PA 17011