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Home My WebLink About01-05524 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. GREGORY L. OLEY, Plaintiff VERSUS DONNA R. OLEY, Defendant No. 2001-5524 DECREE IN DIVORCE AND NOW, Asa 17 DECREED THAT AND DONNA R. OLEY 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; NONE ATTEST: J. PROTHONOTARY GREGORY L. OLEY 2005 , IT IS ORDERED AND ?, IAkS"SK$esi?'t#r??uu?ssli?"asmLm?nuxwalu<??,:.e??r t??aan.?sr •"?"'?? ?S GREGORY L. OLEY, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2o-a 1- SSZOIL DONNA R. OLEY, 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicating service on or about 16 October 2001. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 11v1ykA 2aD!5- By Defendant: I M" 2,005' (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 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 Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated: Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated: l? 11 Date: 24-Ap ' By ' saAue-I L. An Attorney for Plaintiff .... w _. ? -? fa?sw„ _.. ,?sa?crr?.?,n-esri?cf?;i?:?:ee+. _ _ _ C') N D ? 'T'1 ? cf? T,, ?; ?. ',- ? = G ". (": ? .??tl J .F.. ,.? ^L; &' ? ?" ? J GREGORY L. OLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 5W CIVIL TERM DONNA R. OLEY, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the egoing pages, you must take prompt action. You are warned that if you fail to do so, the se may proceed without you and a decree in divorce or annulment may be entered against u by the court. A judgment may also be entered against you for any other claim or relief luested in these papers by the plaintiff. You may lose money or property or other rights portant 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 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 Telephone: (717) 249-3166 1 GREGORY L. OLEY, Plaintiff vs. DONNA R. OLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-66"a1 CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in Court of Common Pleas of Cumberland County. This notice is to advise you that in with Section 3302(d) of the Divorce Code, you may request that the court you and your spouse to attend marriage counseling prior to a divorce being handed by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, 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 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 my days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 GREGORY L. OLEY, ? IN THE COURT OF COMMON Plaintiff ? PLEAS OF CUMBERLAND COUNTY, 1 PENNSYLVANIA 1 VS. ? CIVIL ACTION - LAW 1 NO. 2001-55j5 )q CIVIL DONNA R. OLEY, ) TERM Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, GREGORY L. OLEY, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is GREGORY L. OLEY, an adult individual who currently resides at 715 16`h Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is DONNA R. OLEY, an adult individual who currently resides at 715 16th Street, New Cumberland, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 25 September 1999. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 3 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE:r"?r-N'EP???I O-Q4\ (:I?? - GREGO . OLEY S uel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 4 f1 M-- 2 c ' . `= . ; im ? . V r: z ?: °?, ? .-. ???_ t`.J - f- - .? _„ _ __ 1 ?; .. GREGORY L. OLEY, ? IN THE COURT OF COMMON Plaintiff ? PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA VS. 1 CIVIL ACTION - LAW 1 NO. 2001-5524 CIVIL TERM DONNA R. OLEY, ) Defendant 1 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 24 September 2001 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. 1 consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. 1 have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ?. GRE Y L. OLEY ? ?=n ? ? il --` [R p.:, C.1 ? ?r ?i- C 1 ?J? ?+? _..?? GREGORY L. OLEY, Plaintiff V. DONNA R. OLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5524 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT (1) A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 24, 2001. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (3) I consent to the entry of a final decree of divorce. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. DATED: /Z c ?an? DONNA R. OLEY, DEFENDANT ?'f. 49i?PfJ?:?J!'e 3L1?. filf ..%9??"Uwul"5R'Ntr'F'?S L?rz va. .... ? pc r st??- ..s& ? Sii • -? - ?[a y? ???2e?b5l?i?.°+EYdn'W*'Y8fke.5' nil 1 =i K GREGORY L. OLEY, ) IN THE COURT OF COMMON Plaintiff ? PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA VS. ? CIVIL ACTION - LAW 1 1 NO. 2001-5524 CIVIL TERM DONNA R. OLEY, ? Defendant ) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1 . I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ??b zs, Z?s Date GRE OR .OLEY ?, ?.?, s :° '' - u-; ., -,, --- ., ???. ,,... -??; - -; , 7?- _. - < ? ; , ?, , ` y •?? ,,, l?? GREGORY L. OLEY, Plaintiff V. DONNA R. OLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5524 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE (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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: DONNA R. OLEY, DEFEND xra;?`d?3bti'sPw? ?a4h?eLwy, ,a*i?viwa3:??? ;s r ,u.-: ?¢: •n«-s ,r.aso-.?ll6brae?rJ?rvu?:e?a '? ??:x?s!s: maau,?'"'+s?,=?Y _ ' 1 1 i__ GREGORY L. OLEY, ? IN THE COURT OF COMMON PLAINTIFF ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 VS. ) CIVIL ACTION - LAW 1 NO. 2001-5524 CIVIL TERM DONNA R. OLEY, ) DEFENDANT ? IN DIVORCE ACCEPTANCE OF SERVICE I, DONNA R. OLEY, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: K ? D NA R. OLEY c- cis _-_-., -' r; r 3 _? ? -' Cs :_r.. :?_?? J?? ? 1 n t EJ) ??J V ' MAY-10-2004 08:39 SHRGIN-RNSTINE GREGORY L. OLEY, Plaintiff v. DONNA R. OLSY, Defendant 717 221 1110 P.02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5524 CIVIL TERM IN DIVORCE EQUITABLE DISTRIBUTION AND NOW, comes the Defendant, Donna R. Oley, by and through her attorney, Johnna J. Kopecky, Esquire, to file the following Count.for Equitable Distribution: 1. A Divorce was filed by the Plaintiff on or about September 24, 2001. 2. At that time, no claim for Equitable Distribution was made. 3. At this time, Defendant wishes to make a claim for Equitable Distribution. WHEREFORE, Defendant respectfully requests Your Honorable Court to Equitably divide and distribute the marital property. Respectfully <L ?t CL?i ?tr?(oy JoUrfa J. 96pecky, q ire Shagin & Anstine C 300 North Second Street, 8C°FL Harrisburg, PA 17101 (717) 221-1111 TOTAL P.02 ) jYP1,6 - GREGORY L. OLEY, Plaintiff vs. DONNA R. OLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-5524 CIVIL TERM IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Plaintiff, by his attorney, Samuel L. Andes, files this Pre-Trial Statement in accordance with Pa. R.C.P. 1920.33(b): 1. ASSETS. Attached hereto and marked as Schedule A is a list of the marital property as known to Plaintiff. 2. EXPERT WITNESSES. At the present time Plaintiff anticipates calling the following expert witnesses to testify at the hearing; A. A real estate appraiser to establish the value of the marital residence, if necessary. B. A personal property appraiser to establish the value of the personal property and furnishings in the possession of each of the parties. Plaintiff reserves the right to call such additional expert witnesses as may be necessary to address any remaining issues in the case. 3. FACT WITNESSES. In addition to himself, Plaintiff anticipates calling to testify one or both of his parents, Mr. and Mrs. Robert L. Oley, to testify about the separation of the parties, Plaintiff's residences since their separation, and a debt which Plaintiff and 1 Defendant owe to Mr. and Mrs. Robert L. Oley. Otherwise, Plaintiff reserves the right to call additional witnesses to respond to any issues raised or testimony offered by the Defendant. 4. EXHIBITS. At this time Plaintiff anticipates offering into evidence the following exhibits: A. An appraisal of the marital residence. B. An appraisal of the household furnishings and tangible personal property, if that becomes necessary. C. Copies of documents reflecting the value of the various accounts and assets held by the parties both at the time of their marriage and at the date of their separation. D. Copies of tax returns, W-2 statements, and paycheck stubs for each of the parties. 5. INCOME STATEMENT. Attached hereto is an Income and Expense Statement for the Plaintiff. 6. EXPENSE STATEMENT. Attached hereto is an Income and Expense Statement for the Plaintiff. 7. PENSION INFORMATION. Both Plaintiff and Defendant are employed by the United States Postal Service and have been throughout the marriage. Their incomes are substantially equal and, as a result, contributions to their Federal Employee Retirement System accounts were substantially equal during the marriage. To the extent that there was any increase in value in the parties' pension benefits, Plaintiff believes that such increases were substantially equal and that one offsets the other. For that reason, Plaintiff 2 does not believe it will be necessary to have testimony about, or to divide or distribute, the pension benefits of the parties. 8. COUNSEL FEES. At the present time, Plaintiff has not made a claim for counsel fees. 9. PERSONAL PROPERTY. Plaintiff hopes that the parties will be able to divide their tangible personal property by agreement. If they cannot, he reserves the right to have those items appraised and to either submit the report of the appraiser or present the testimony of the appraiser at the hearing, if that becomes necessary. 10. MARITAL DEBTS. Other than the mortgage on the marital residence, the only marital debt of which Plaintiff is aware is a personal loan made to the parties by his parents, Mr. and Mrs. Robert L. Oley, on which a balance is presently owed of $3,000.00. 11. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Because of the brevity of the marriage, the fact that both parties earn substantially the same income, and that each of the parties have family obligations, Plaintiff believes the proper resolution of this matter would be to divide the marital assets equally with no award of alimony or counsel fees. He is willing to allow Defendant to have the house as her separate property, provided that he receives fair payment for his share of the equity in it. Sa el L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 3 EXHIBIT A - MARITAL PROPERTY DATE OF MARITAL AMOUNT OF ASSET VALUE VALUATION PORTION LIENS LIEN Residence at 715 $128,000.00 November, 100% First $96,600.00 16'" Street, New (see appraisal 2003 mortgage approx. Cumberland, PA attached owed to Midland Mortgage Company Increase in value of Negligible' September, Unknown2 None n/a Husband's Federal 2001 known Employees Retirement System pension Increase in value of Negligible a September, Unknown' None n/a Wife's Federal 2001 known Employees Retirement System pension Both parties are employed by the U.S. Postal service and enjoy substantially equal incomes. Husband does not believe that the increase in value of either party's FERS pension will be significantly different than the increase in value of the other party's benefits within the pension plan. =Percentage unknown, but only that portion earned between September of 1999 and September of 2001 ;Both parties are employed by the U.S. Postal service and enjoy substantially equal incomes. Husband does not believe that the increase in value of either party's FERS pension will be significantly different than the increase in value of the other party's benefits within the pension plan. PPercentage unknown, but only that portion earned between September of 1999 and September of 2001 Increase in value of $10,599.49 September, Increase None n/a Husband's thrift 2001 during known savings plan with marriage federal government Increase in value of $9,231.72 September, Increase None n/a Wife's thrift savings 2001 during known plan with federal marriage government Increase in $1,430.10 September, Increase None n/a Husband's American 2001 during known Funds account marriage Husband's checking $126.86 September, 100% None n/a account at 2001 known Commerce Bank Husband's savings $615.96 September, 100% None n/a account at 2001 known Commerce Bank Various bank Unknown September, 100% None n/a accounts in Wife's 2001 known name and possession Furnishings aKd other $5,000.00 September, 100% None n/a items of tangible (estimated) 2001 known persona! property at residue e GREGORY L. OLEY, Plaintiff vs. DONNA R. OLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 -5524 CIVIL TERM IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT INCOME Plaintiff is employed by the United States Postal Service. Attached hereto and marked as Exhibit A is a copy of his final paycheck stub for 2003 which reflects his income, net of taxes and other mandatory deductions, to be as follows: Total Gross Pay for Year LESS: FIT $7,201.16 Medicare $646.02 Soc. Sec. $2,762.31 FERS $285.80 PIT $1,247.49 LIT $458.05 Health Insurance $1.251.64 Total Deductions $45,805.07 $13.852.47 TOTAL INCOME FOR YEAR NET OF TAXES $31,952.60 i EXPENSE Attached hereto and marked as Exhibit B is a list of Plaintiff's typical monthly expenses. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. 4904, relating to unsworn falsification to authorities. DATE: Gregory L. Oley AYLOC FINANCE N0. EMPLOYEE NAHE EMPLOYEE ID PAY PERIOR SERIAL NUMBER DETAIL EAR NIN GS GROSS TO NET LEAVE STATUS WK RS C/LEV RATE CODE TYP HOURS PAY THIS PERIOD YEAR-TO-RATE ANNUAL LEAVE 2 Ell 0 1 4 4 8 3 134 W 320 D 6 8 5 9 GROSS PAY 17 7 9' 45805, FROM PR EY VR 89B7 2 01 44583 34 201 64 K 2 FED TAX SO 2 2 6'7 3 72U 1116 EARIIEO Tx Is x 1 5" 0 1 0 44 83 34 W 613 5 136'11 STTAXPASR 8114 124739 RA 2 3 4 Y 5 892f73 RFTTRF 6 13;7 used YR 16 6 2 MEDICARE 419 THIS 4 pp 16 ' UN L 79 D BALANCE 1 7'7 IN3Z5 67 SICK LEAVE 7 a1UT 000 a ON PRE v 1159'6 rsru 2 279 J641416 EARNER TNIS Y 7 6'0 0 10'00 useu 54738 C0746 TN3S , IBUND 2 5'0 Ba ANCE LD3B 1 7, 9 LEAVE WITHOUT P0 4 HP14 60'14 251' 4 THIS PP SOSEC 06' 9 2762:31 cuKV T1YE BOND ONAPPL A X SS0 USPS RETIREH T NET PAY 837.11 NT BK 14000124210511 POSTMASTER/MANAGER 1675 CAMP HILL BYPASS CAMP HILL PA 17011-9998 *******AUTO** ALL FOR AADC 170 1p11111,1III,IIIIOIIIII O,II111,111111111111„1111?111,II III GREGORY L OLEY 720 16TH ST NEW CUMBERLND PA 17070-1514 IIdL„111,1III„1111111,IIdd,ILlLldllll,dlllddllLd 5420.45 I- K' a y N z 2 w m 0 w a DATE 10-10-2003 00042145 EXPENSE STATEMENT WORKSHEET Please complete this document as best you can by listing the verage monthly expense for each item. 51 a EXPENSE MONTH HOME Mortgage/Rent $842.00 Maintenance $200.00 Utilities $ Electric $100.00 Gas $50.00 Oil $50.00 Telephone $30.00 Trash $ Water $50.00 Sewer $20.00 Other $ EMPLOYMENT Public Transportation $ Lunch $60.00 TAXES Real Estate $100.00 Personal Property $50.00 Income $ Personal Tax $ INSURANCE Homeowners $100.00 Automobile $40.00 "ION II B EXPENSE MONTH Life $85.00 Accident $ Health $100.00 Other $ AUTOMOBILE Payments $ Fuel $60.00 Repairs/Maintenance $10.00 MEDICAL Doctor $150.00 Dentist $20.00 Orthodontist $ Hospital $20.00 Medicine (for children) $100.00 Special needs (glasses, braces, orthopedic devices) $15.00 EDUCATION Private School $ Parochial School $ College $ Religious $ PERSONAL Clothing $10.00 Food $200.00 Barber/Hairdresser $15.00 Credit Payments: Charge Card Charge Accounts $200.00 Memberships (union) $34.00 LOANS EXPENSE MONTH Met Life loan $100.00 Personal loan $200.00 MISCELLANEOUS Child care (care package) $10.00 Papers/Books/Magazines $20.00 Entertainment $100.00 Pay TV $ Vacation $100.00 Gifts $ Legal Fees $50.00 Charitable Contributions $10.00 Other: Child support $750.00 Alimony Payments $ OTHER Storage space $55.00 TOTAL EXPENSES $4,106.00 S. W. 13ARRETT REAL ESTATE & APPRAISAL SERVICES ' - - Refh 03-1071 I r i i APPRAISAL OF :, r { I r, I C , ^ >y u q . '?. }py jj LOCATED AT: 715 16th Street New Cumberland, PA 17070 ` FOR: Shagin and Anstine, J. Kopecky, Esq 300 North 2nd. Street Harrisburg, PA 17101 BORROWER: OLEY, Donna AS OF: November 6, 2003 BY: Cassandra J. Crockett 124-126 NORTH HANOVER STREET. CARLISLE, PA 17013 717-243-6646 AND FAX 717-243-6627 S. W. BARRETT REAL ESTATE & APPRAISAL SERVICES 11/17/2003 Shagin and Anstine, J. Nopecky, Esq 300 North 2nd. Street Harrisburg, PA 17101 File Number: 03-1071 In accordance with your request, I have personally inspected and appraised the real property at: 715 18th Street New Cumberland, PA 17070 The purpose of this appraisal is to estimate the market value of the subject properly, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, the estimated market value of the property as of November 6, 2003 Is: $128,000 One Hundred Twenty-Eight Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final estimate of value, descriptive photographs, limiting conditions and appropriate certifications. Respectfully submitted, u??. Cassandra J. Crockett Certified Residential Appraiser IMAM NORTH HANOVER STREET. CARLISLE. PA 17013 717-243-6646 SUMMARY APPRAISAL REPORT Prcoerty Osscriotlon UNIFORM RESIDENTIAL APPRAISAL REPORT Address 715 16th Street city New Cumberland State PA V ZVCOtle 17070 Description Deed Book 229' Page 493 Count Cumberland rs Parcel No. 26-23-0543-447 Tax Year 03/04 RE. T.x.. S 1,415 00 5 ecial Assessmi N/A OLEY Donna Curtenl0wnr Ole OonnalGre or Ora ant: X owner Tenant Varanl ri hlsa raked [X I Fee S' la Leasehdd ProadT a PUO Condominium HUAwd HS WA /Mo [ hood w Project Name Borou h Ma Refrence 23-0543 Census Tract 0107,00 s, E NIA Dale of Sale NIA Deacri Ion anE amoonl of lean char esicanceasions Is be a0 awlr NIA lie d Sha in and Anstine J. Ko eck Es Address 300 North 2nd. Street Harrisbur PA 17101 Apgmber Cassandra J. Crockett Address 126 North Hanover Street Carlisle PA 17013 Location Uban Subunits. Rural predominant single family housing PresenHand use Y. Land use change rrrrrr?????? p Bullu OVw75% 25-75°b Under 25% occu arc P Y PRICE AGE One lamyY 90% ?X Net likely ? Likely Growthrale Rapid Stable Slow X Owner 70 Low 20 24 family 0 1 In pmcasa PnapeM1y values X Inweasng Stable Declining ienani 180 Ni h 100 MullHarNy A -11 To; Oemandlcupply Shadage X InLrArxa O+rsappY X Vaaid(0.5%) ,., Predamnanl . Commercial 5 1 Marketing lime Under 3 mss. X 3.6 one Over O mos. vavav-sv 125 40 Vacant r 5% Note: Race and the rnolat composition of the nolghbomood are not appraisal factors. Neighborhood boundaries and characteristics: Subject is bounded on the north h Harrisburg Expressway; on the east b Bridge Street' on the south h Pa.TUrn Ike- and on the west b Cam Hill. Facts,. that affect the marketability of the properties in the neighborhood (proximity to employment and ameralls , employmed stability, appeal to market, etc is Subiect property located in an established neighborhood of single family homes within the Borou h of New Cumberland. •' Shopping and other amenities are within walking or short driving distance. Interstate access within .5 mile. Schools stem is West Shore District and local elementary school is within .5 mile. SMSA 42-3240. Markel condilions in the subject neighborhood (including aupp.d far the above condusiona.stated la the trend .)properly values, deonandlsupply, and mrketing than -- such as data on compelilive proponiea for sale in the natghborh cod, descrlpl ion of The prevalence of sates and financing concessions, etc.): Property values are current) stable with an average marketing time of 80400 da s. Economic trends and lending rates have remained favorable. Sales concessions occur Infra uentl . There are new homes under construction in surrounding developments, as well as resales available in the neighborhood. _ Project Information for PUDs(Vapplicable).- Is the developer/binder in control of the Home Owners'Assoclalien(HOA)7 YES NO Approximale.lulal numbesof unils in the subject prajecl NIA Approximate total mmbr Wunlla for sale in the subject project NIA Describe common element and recreational 1.cgfl..: NIA Dimensions See legal descri -tlonftax ma Topography Basically Level Site area .20 Acre MIL Cwner Lot yea No Size Typical for area Specific zoning classification and description R-t Residence Shape Rectangular 2or ingcompliance 0Legal Legal an daming(Gandliglereduce) Illegal No zoning Drainage Appears adequate Highest dbest use as improved: X Presenluae Olhrue. ex lain View Residential Utilities Pubrw Other ON-site Improvements Type Public P;.i. Landscaping Typical Electricity X? 100 am Street Asphalt © Driveway Surface Asphalt Gas X? Cobo ller Concrete ?X Apparent ...emends None A .rent Water X? Sidewalk Concrete X? FEMASpesbl Flsod Hszard Am Yes No Sanitary sewn © Shoal k'gNs Adequate FEMA2ore C Map Date VISIT? Slormsewr X Pile None FEMA Ma No. 420366 Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming zoning, was. elc.): There are no apparent adverse easements encroachments or other adverse conditions. GENERAL DESCRIPTION EXTERIOR DESCRIPTION ION BASEMENr INSULATION No. a/Unds One Foundation Block None Area SyFI. 766 Root „? No. of STariss 1.5 Exterior Walla Aluminum Partial %Finished 0% Celli g, Type(Oet./AIL) Detached RoofSUrfzce Shin le Full Unfinished C Wens ?X Deayn(5lylel 1.5 Stor Guttered Dwnspla Aluminum p Floor Dra(n A U Ways Block Flow ? EzlslinglProPosed Existin ype Doubleflun Window T None Obs. Floor Concrete None Age (Yrs.) 52 Yrs SlormScreem Thermal l None Ohs. OutsidEntry No ! EBediv.A a rs. 12-14 Manufactured House No None Obs. ROOMS Fa er Livin Dinin Kitchen Den Roc Rm res Bedrooms I Baths Laund Other A ea s Fl. Be..;;, Area Level 1 1 1 1 1 1 1 1,048 • Level2 2 1 578 • Finished area above radI canlains: 7 Room: 3 Hadmonni Y. 2 Bal s 1 626 S o ars Feel ofGrose Living Area • INTERIOR MalariilefCondilim HEATING KITCHEN EQUIP. ATDC AMEHHES CAR STORAGE: (lows HrdwdjCar NUi I Type FHA Refrigerator Nona Q Fsephce(s)ii Q None ? - Walls Plaster/Panel Fuel Gas Rangemven ? Patio ? Garage Yofnm TrinvFinish Wood CondannAvera a Disposal ? Deck ? Attached Bath R. Vinyl COOLING Dishwasher X? ? Parch Enclosed X? Detached Bath Wainscot CeramiclFbr Is Confined Yes FsnlHood X? LFlo.' Fence Wooden ® Bue4n Dupre Wooden Other NIA Microwave Pool ? Carport Avers eCondition CdavwAv /Gd WashsI r 0&,ny, 2/Pvd Additional features (special energy efficient items, edc.): See Attached Addendum Condition of the on s a. depracialion (physical, funclInput, and external), repabs needed, quality of construction remodeling/additions. at*.: Improve marts are in ever. a condition with no ilsisal or functional Inadequacies apparent. • Adverse envkonm.niel condilions (such as, but not limited lo, hazardous wades, toxic substances, etc.) present in the improvements, on the site, or in the immediate vicinity of the subject p.opedy: N ad r vir m tal conditions are appare t/disclosed. - s.w.a,.ra,o rmn o-w rrMLe n,[fnm so o-e] n N,vW AG,., ass"mnwa[.a- Borrower: OLEY Donna ADDENDUM Prd ed Address: 71516th Street File No.: 0 1071 Cit : New CUmbedand Case No.: Lender: Shagin and Anstine. J. kopecky, Eaq State: 'A zip, 17070 Additional Features ' Replacement windows installed; *eve storage; some remadeling/up-dating has been completed since purchase, 2nd floor expanded with new bedroom/bath/walk-In closet; ceiling fans; built-ins; enclosed porch is finished/heated, but has no interior access. Addendum Page 1 of 1 SUMMARY APPRAISAL REPORT vol.stlon section UNIFORM RESIDENTIAL APPRAISAL REPORT ESTIMATED SITE VALUE = E file No. 03-1071 35 000 Comments ion Losl Approach (such as, source of cast estimate, COSTA COSTAE" OF IMPROVEMENTS: ESTIMATED REPRODUCTION site value, square fool calculation and for HUD. VA and FMHA, The Disarm, 1,626 .62fi S Sq. Fl. E 60.00 = E 97.580 estimated remaining economic life of the pmpertyt Bsmt. 768 Sq.FL QE 11.00 = 8.448 Cost new from Marshall Swift Valuation Service PorcheWFP/CA/Fncg 14,000 Handbook and local cost analysis. Land value from i GerageXtr nd N/A Sq. FI. @S- - 0 Market Data Comparison. Depreciation based on age life Total EslimaNd Cost New . , = $ 120.008 observed condition and Market Data Analysis. Leos Physical Functional External Eet.Rarlnindg Econ.11e: a -12 Estimated Remaining Economic Life is 40-05 ears. Deprecplion $26 000 a E 26,600 Depreciated Value of lmprevemenls ,,,,,,,,,,,,,,, =E 94008 'As+d VaWed Ede lmptmemenla 3500 INDIC ATED VALUE BY COST APPROACH......... =E 132500 ITEM SUBJECT COMPARABLE NO. 7 COMPARABLE N0.2 COMPARABLE NO. 3 715 16th Street 139 North 4th Street 1709 Chatham Road 251 Walton Street Address New Cumberland New Cumberland Cam Hill Lemoyne Pound mdl la Subject 1.1 MI E 1.2 MI W 0.68 MI N Sales Price S N/A E 127 600 ' E 132 500 k r`;'F?a' E 125,000 PdcelGmss Lb. Area E 0.00 0 E 97.26 m : - S Bt 64 m 5 D';. E 89.29 0 v" i Dalaandhe Inspection Verification Sources CHR MLS(COUrtheuse Records MILS/Courthouse Records MLSICourthouse Records VALUEPD1lASIMENfs DESCRIPTION DESCRIPTION ..t m.w DESCRIPTION .r.lr ss im DESCRIPTION .r: sa sdrsw Financey None, Conv None, Conv Nene, Conv C...... I", DOM 41 DOM 81 DOM 62 Dde of sal.m. 7103 8103 6103 L...iien Suburban Suburban Suburban Suburban LezetwdFeas a Fee Simple Fee Simple Fee Bim le Fee Sim le site LOUAVerd a Lot/Avera a LOUAvera a LotlAVera a view Residential Residential Residential Residential Design and Aeal 1.5 Story/Avg 1.5 Story/Avg 1.5 Story/Avg 1.5 Story/Avg giglydCombudian Avg/Aluminum Av /Aluminum Av IBrick -3000 Av /Brick -3000 Age 52 Yrs 60 Yrs+/. 60 Yrs 60 Yrs+(- Condition Averse Averse Averse Averse s Above Grade tow eons' ban T..'mm' ann Tma•corm anm ids` o • em. Room Count 2 71 31 2.00 61 31 2.00 71 31 1.00 2000 51 21 1.00 2 000 Cans Lists Area 1,626 S .Ft. 1 312 5 .Fl. 1 6,300 , 1,623 5 .R. 0 , 1 400 5 .FI. 4,500 Basement B Finished Full Bsmt/ Full Bsmt/ Full Bsmt/ Full Bsmb! Room Below Grade Unfinished Some Finish -2000 Finished -4000 Unfinished - Functional Utility Averse Averse Average Avers e H.Mm Carlin GFHACA GStm/None 2,000 OFHA/None 2000 OHW/CA 0 En Bfidenl lie" Typical T teal Typical Typical Gars elcarod OSP 1 Car Gara a/CPI 4,000 1 Car Garage -3,500 1 Car Garage -0 500 - Parch, Patio, Deck, Enclsd.Porch/ Porches/Patio/ I 0 Brick patio 2,000 Porches 1,000 F'ue ac a sic FPIFenein FP '. Fence, pact. etc, None None None None NeIA'. told 1X I. I I- 'E' 2,300 a 1X I. 'E' 4500 1)(1 1 a - 5r 1000 Adjusted SaN. Price al Dom arahle E 1 29 900 ,. E 128.000 E 126 000 Comments on Sales Comparison (including the subject property's compatibility to the neighborhood, etc. All com arables are similar In style. utility. and location to the subject property, verified closed sales and are the best current) available. Range of value is $126 ,000 to $130,000. ITEM SUBJECT COMPARABLE NO.I COMPARABLE NO.2 C'OMPARA8LEN0.3 Dale, Price and Data 9/21/2000 Seumfelvicrades 94,000 None Nona None ' wdh'vl earafa eat CHR Courthouse Records Courthouse Records Courthouse Records Analysis of any current agreement of.ale, option, arising of the subject Property and analysis of any prior salesaf subject and wmparadez w3linam year otlhe defeat appaless: No prior sales within three ears were found. INDICATED VALUE BY SALES COMPARISON APPROACH ........ ............ ........................ .........E 128000 INDICATEDVALUR BY INCOME APPROACH IIA kaNe Eeinsied Markel Rent N/A 8eo..Gra.R.AMdli ter IA =5 NA Thisappraealismade' X 'asis aubjed to lhempaia, agaalhns, hsped'mmorovwd'nnsfaled below eased to completion par Om and specifications. CondAiam ofApproiedt The property been appraised In current condition. This appraisal is for client and nontransferable. See attached addendum. , Foal Remncaial'nn: Cost and Market Analysis consistent) sup port m estimated market value. GRIM analysis was found Inappropriate for this analysis. Greatest wet ht is applied to the Market Data Analysis. Supporting file Information substantiates these estimates. The purpose of this appraisal's to ssl'uned. the nenwl vale. of thereat properly n ot istAe subject of Ilia report, based on Ilia above mnddions aM the avlTralbrs coMhgent and limiting conditions, and market value deMilim that aredeled in lhedtadwd Freddie Mac Fam43Ws.I. Ma.foon 10048(Reised 6193 f I(WE) ESNMATETHE MARKET VALUE, AS DEFINED, OF THEREAL PROPERTY THATISTHES11WECT OFTHIS REPORLASOF 1110612003 ' (WHICH ISTHE DATE OF INSPECTION ANDTHE EFFECTIVE DATE OFT HIS REPORT) TO BES 128000 UP ORY APPRAIS FR O: APPRAISER: ? S ( [] LN ? ? 9knalUre rr ?' = DM Did No Sunaluro- '^a-r. ( Name Cassandra) Crockett Name Steven W Barrett SRPA. SRA Inspect Property Dote Report Sinned 1111712003 C Oale Re Sined 11/17/2003 Slate Cadifcalian p RL-001348-L Slate PA Stale Ced4ca(WS GA-000298-L Slate PA of Sizes LwenseIf Stale OrSW.Ltceme5 RB-026921-A Slate PA our»u:. r.mm sat Certified Kesmenval PAGE 2OF2 mow...... °01010i-"' al°°'.son..,s..=m Appraiser a.s.wmwauw....rs.usmlw.,a..o.. Steven W. Barrett R.E. Appr. Svc. SKETCH/AREA TABLE ADDENDUM Case No File No 03-1071 Properly Address 71518th Stre et City New Cumberland County Cumberland Slate PA Zip 17070 Borrower OLEY, Donna Lender/Client Shagin and Ansline, J, Kopacky UC Address 300 North 2nd. Street, Harrisburg, PA vim , Appraiser Name Cassandra J. Crockett Appr Address 128 North Hanover Street, Carlisle, PA 17013 ; ! Eve sbmge n Bedroom ° I B.d. O W.I. Eve storage PA' 2nd Floor 14.0' z.a - Family ROEm Endosed _ POmk 5 6 BeNI Bedroom I Dining Room d I KlIGhen Sloop 02.0' Comments: Sple: 1 = t0 AREA CALCULATIONS SUMMARY' LIVING AREA BREAK DOWN Code Description Size Totals Breakdown __. ,.._ -..__.._.. _ , Subtotals diai _ .___. ___. ... _. Picet P1oon 1046.00_ .. ..._. __.__ ___ __ First Floor Second Plcor 576100 1626.00 14.0 x 99.0 616.00 P/P Enclosed Pazah 120.00 I 16.0 x 24.0 432.00 Porch 3a.00 150.00 ( { SeCoad Floor 14.0 x 32.0 448.00 5.0 x 1910 95.00 i S.0 x 7.0 35.00 I 1 I TOTAL LIVABLE (rounded) _ 1626 5 Areas Total (rounded) 1J26 fr AP000d50.905a Apx01U6w ApprA1 ? FRONT VIEW OF SUBJECT PROPERTY i I Appraised Date: November 6, 2003 REAR VIEW OF SUBJECT PROPERTY STREETSCENE r COMPARABLE SALE #1 139 North 4th Street New Cumberland Sale Date: 7103 Sale Price: $ 127,600 COMPARABLE SALE #2 1709 Chatham Road Camp NIII Sale Date: &03 Sale Price: $ 132,500 COMPARABLE SALE #3 251 Walton Street Lemoyne Sale Date: 6103 Sale Price: $ 125,000 L171CATIr1M'MAG Borrower: OLEY Donna File No.: 03-1071 M02ertv Address: 715 loth Street Case No Clly. Now Cumberland State PA Z 17070 1p Lender. Shat and Anstine J. KD eck Es \ ? O \ ' \ ? t\ AIFpL T SIa1Ap \ ?c7\ `? k 3 \ \ \ f\F m \ \ \ ' \ \ r \ \\ \ '. t QYIJ 1 , E y \ 1 P , \\\ \ \ \tvGtp ?/ p? / \\ \\ LEt ?? ?- \\ \ C ? \ ,ry? = ye A? ? y ? \ \\ \ s. / Od k \ /L comp] \ ° ?? \ `7R /j ? a p ?, Hp HOSIE ?y ? 40VE \ O r ?Q`v e. ppt` \ , F' // CCR.VY9V ? p d ? 9 \ p \ p5?' aa,NO A+P` 81 w C" compz x ?P \ fc`' ?P 9 R44 ? Y a N ¢ Y, 1A / T MVM 1 4 I / % $ sugee a 4 ° a c A pL ISL r R o ? e m E s \ G?' SINP F PRY tf' \ NNEfl9r \ p G 451 I w .a SWAPTN E 4Ept' tsippr \ NILLUN GL Pg0a t I > @ m r 8 W ? m ry ?m 14 HILL F?-D 4E 4.4 ? A EROVR $ y NI 9 ARW °.r N rL °,n f F6 eI _ t yFA00a pp. 00 a F, n : \y V t d ? ?e F4 J)p pt? F pa 0F- c \5 '<r F`a MP )1994-2003 TELE LAS NA. IM t>WS $Cal er 3.61 miles Prepared By. Slevenw. Berren R.E. Appr. Svc. 717.2436646 ID Mtdrerr Date PH.. RM RR Had, S rr Prodmi S 115 16TH ST N/A N/A 7 3 2 1626 0.00 b O 1 139 4TH OT 7/03 127600 6 3 2 1312 1.1 e e 2 1109 CHATHAM RD 0/03 132500 7 3 1 1623 1.2 ]c 3 251 NALTON 9T 6/03 125000 5 2 1 1400 0.60 ML N 124.126 NORTH HANOVER STREET, CARLISLE, PA 17013 717.243-6646 AND FAX 717-243-6627 " QUALIFICATIONS '"" The following checked Items are SPECIFIC SPECIAL CONDITIONS that were Identified by this appraiser during the inspection of the subject property, the comparables sales, and their neighborhoods and locations. Unless otherwise noted, the conditions that apply to the subject property or the comparable sales used DO NOT AFFECT THE MARKET VALUE OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED. This Is not a home Inspection service, This Is an appraisal to estimate market value. _t. The subject Is located In a rural area and is less than 25% built-up. x_2. Commercial/Industrial uses are located within the subject's neighborhood. These uses are typical of similar neighborhoods. --- 3. Vacant and undeveloped land uses are located within the subject's neighborhood. These uses are typical for the area. _4. The predominant value In the neighborhood is less than that of the market value of the subject property. This Is due to the very wide range of value of properties in the area and superior quality of the subject property. _5. The subject property is located in a F.E.M.A. Identified Flood Zone. Flood Insurance coverage Is required and suggested. _6. Dampness Is noted In the basement of the subject. Standing or running water was not present on basement floor. This condition is considered typical In dwellings of this style. --7. The subject property Is serviced by private well and/or septic systems which is common for the area. _x e. The subject is older than five(5) years. All mechanical systems Including the heating, electrical and plumbing systems appear upon a visual exterior inspection to be in working order. No warranties are Implied in this statement. _9. Repair Items were noted In the comments section of the report. These comments on repair items are for descriptive purposes only and are not required repairs. The Items listed are cosmetic in nature. _10. The basement floor is a dirt floor. This condition Is common and typical for the area. and does not pose a health or safety hazard. _11. The subject property does contain functional obsolescence as noted in the report. This condition is considered typical and common for the area and this style dwelling. _12. The land value exceeds 30% of total value due to the high demand for vacant land In this neighborhood. This condition is considered common and typical for the neighborhood. _13. The land value exceeds 30% of total value. This Is due to the large size of the site. This condition is considered to be typical and common. _14. Individual adjustments were required that exceed 15%. These adjustments were required due to lack of more similar comparables on that individual rating. All comparables used are the best available. _15. Total adjustments exceed 26%. This Is due to the lack of comparable sales that were more similar In the subject's market area. All comparables used are the best available. _16. One or more comparable sales are older than six(6) months. Although there are comparable properties In the subject's area, none have sold recently; therefore, sales in excess of six(6) months have to be used. All comparables used are the best available. _x 17. One or more comparables used were In excess of one (1) mile from the subject property. Although there are comparable properties In the Immediate area, none have sold recently. Therefore, it was necessary to use comparable sales outside of the immediate area. All comparables used are located in similar neighborhoods and within the same marketing area. All comparables used are the best available. _18. The electrical system was not connected during inspection. _.19. The water service was not connected during inspection. _20. The heating system was shut down during Inspection. _21. Roofing_Plumbing_Electrical_Heating_cortlficatlon(sj Islare suggested. _22. Inground swimming pool-, out buildings are Includetl_,not included_according to lender's guidelines. _23. According to lender's guidelines a maximum of acres were considered for this valuation.- Remaining acreage was given no value. QUALIFICATIONS _24. The subject property is located on a private road. _25. Wood Infestation Inspection Is suggested. x_26. Last recorded deed transfer: Date _9I2w200g , Consideration: $94,000__ -27. Proposed construction/renovation In accordance to plans and specifications to be completed In a workmanlike manner. _28. Seller Is paying part or all of closing costs. _x_29. All comparable sales are verified closed sales. x_30. There are no special conditions or other requirements that would affect market value or future marketability in the Appraisal Report. CHECKED ITEMS ARE SPECIFIC SPECIAL CONDITIONS THAT WERE IDENTIFIED BY THIS APPRAISER DURING INSPECTION. ' R.N.. 03.1071 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically matlvated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S, dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by spacial or creative financing or sales concessions- granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these casts are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable properly by comparisons to financing terms offered by a third party institufional tender that is not already involved in the properly or transaction. Any adjustment should not be calculated an a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the markers reaction to the financing a concessions based an the Appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch Is included only to assist the reader of the report In visualbing the property and understanding the appraisers determination Ollie size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express a Implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made on appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. B. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repabs, depreciation, the presence of hazardous wastes, toxic substances, etc. ) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the properly or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc. ) that would make the property more or less valuable, and has assumed that there ara no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be fasponsibls far any such conditions that do exist or for any engineering of testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of erwkonmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he a she considers to be reliable and believes them to be true and correct, The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 3. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, a alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizatlons or the firm with which the appraiser is associated ) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States of any state or the District of Columbia; except that the lendericlient may distribute the properly description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Farm 439 0-93 Page 1 of 2 Fannie Mae Form 10048 0-93 I ' ' ' File No. 03-1071 APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. It a significant item in a comparable property is superior to , or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, m less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have net knowingly withheld any significant intafmation from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 staled in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future Interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on The appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation andlor employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage foam. 7. 1 performed this appraisal in conformity with the Uniform Standards or Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as at the effective date of this appraisal, with the exception of the departure provision of those Standards; which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted In the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally Inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the Immediate vicinity of the subject property of which I am aware and have made adjustments far these adverse conditions In my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth In the appraisal report. It I ratted on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, it an unauthaked change is made to the appraisal report, I w18 take no responsibility for R. SUPERVISORY APPRAISER'S CERTIFICATION; If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 71516th Street, New Cumberland PA 17070 APPRAISER: Signature: l iJ41 x L pit, 4.s" Namat Cassandra) Crocker Date Signed: 1111712003 State Cerlificakon8: RL-00134a-L orState Ucense M State: PA Expiation Date of Certification or License: June 30, 2005 SUPERVISORY APPRAISER (only If reciulred) Signature: ? r"r'' -' Name: Steven W - Barrett, SRPA, SRA Date Signed: 1111712003 State Certification P. GA-000298-L orState License li: RFI-026921-A State: PA Expiration Date of Certification or License: June 30. 2005 g) Did ? Did Not Inspect Property Certified Residential Appraiser Certified General Appraiser Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Farm 1004B 6-93 GREGORY L. OLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 5524 CIVIL DONNA R. OLEY, Defendant IN DIVORCE RESCHEDULED CONFERENCE WITH COUNSEL AND THE PARTIES TO: Samuel L. Andes Counsel for Plaintiff Gregory L. Oley Plaintiff Johnna J. Kopecky Counsel for Defendant Donna R. Oley Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 25th day of February 2005, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II November 23, 2004 Divorce Master GREGORY L.OLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 01-5524 CIVIL 19 DONNA R.OLEY IN DIVORCE Defendant STATUS SHEET DATE: , ACTIVITIES: IM/ W 1-v44'W91r CW[ (n , VIA ?Cky/U ''H ) 1.A,-A?? L-y- clw/? ?m• lAa CC, --ter cc.` r-s.s .resRua,_ 4<,4. f GREGORY L. OLEY, Plaintiff VS. DONNA R. OLEY, Defendant TO: Samuel L. Andes Johnna J. Kopecky THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 5524 CIVIL IN DIVORCE , Attorney for Plaintiff , Attorney for Defendant DATE: Wednesday, February 11, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. r (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. GREGORY L. OLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 5524 CIVIL DONNA R. OLEY, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Samuel L. Andes , Attorney for Plaintiff Johnna J. Kopecky , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 26th day of August 2004, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 6/28/04 E. Robert Elicker, II Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter March 2, 2005 West Shore 697-0371 Ext. 6535 Samuel L. Andes Johnna J. Kopecky Attorney at Law Attorney at Law 525 North Twelfth Street 300 North Second Street P.O. Box 168 8th Floor Lemoyne, PA 17043 Harrisburg, PA 17108-1225 RE: Gregory L. Oley vs. Donna R. Oley No. 01 - 5524 Civil In Divorce Dear Mr. Andes and Ms. Kopecky: Enclosed is a draft of the agreement which you put on the record on February 25, 2005. Please review the draft for any corrections with the understanding that no substantive changes can be made. After you have reviewed the draft, give us a call so we can make appropriate corrections. We will send the corrected original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document, I will then obtain a Court order vacating my appointment. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master; SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TE1.EPROWE (717) 761-5361 13 April 2005 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Gregory L. Oiey v. Donna R. O/ey No. 01-5524 Civil Term Dear Mr. Elicker: PAX (717) 761-1935 I enclose one fully-executed copy of the transcript of the agreement reached by the parties in the above case to settle their economic claims. Please file the necessary documents to vacate your appointment as Master so that I can conclude the divorce. Thank you for your cooperation. Sincerely, I L. Andes amh / Enclosure cc: Johnna J. Kopecky, Esquire Gregory L. Oley SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTE TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 R&X 8 March 2005 (717) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Gregory L. Oiey v. Donna R Oiey No. 09-5524 Civil Term Dear Mr. Elicker: My client and I have reviewed the stipulation entered to settle the above divorce case. We have one change we request you make. The agreement as currently written misidentifies the street address of the residence. The proper address is 715 16'h Street." If your office will make that change, you may circulate the document for signature by all parties. Sincerely, SaL. A des amh cc: Johnna J. Kopecky, Esquire Gregory L. Oley At- the transcription. Upon the transcription of the agreement, the Master will send it to counsel for review for typographical errors, corrections, if any, will be made, and the agreement will be presented to counsel for signing by the parties affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment. The parties were married on September 25, 1999 is stipulated that they separated on September 20, 2001. The parties did not have any children of this present marriage although both parties have children of prior relationships. Mr. Andes. It MR. ANDES: The parties have agreed to settle the economic claims in this action on the following terms: 1. Husband shall convey and transfer to wife into her name alone the residence at 715 16th Street in the Borough of New Cumberland, Cumberland County, Pennsylvania. He will execute and acknowledge a deed and deposit that with his attorney so that it can be delivered to wife's attorney in time to conclude the settlement on her refinancing of the mortgage in accordance with paragraph 2 hereof. After the transfer, the house shall be wife's sole and separate property free of any further claim of husband. 2. Wife shall refinance the mortgage which currently encumbers the property and is owed to Midland Mortgage Company and accomplish that refinancing within 45 days of the date of this agreement. At the time she refinances it, she shall obtain husband's release from any obligation to Midland Mortgage Company by satisfying that debt and shall further make a cash payment to husband in the amount of $14,000.00. The payment shall be treated SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 12 November 2004 (717) 76 1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE.- Gregory L. Way v. Donna A Way No. 01-5524 Civil Term Dear Mr. Elicker: Counsel for the parties had settled the above case when we canceled the settlement conference which had been scheduled in your office. Unfortunately, that was not the case and a hearing is now going to be required to get this matter resolved. I write to request that you schedule a hearing in the matter so the case can be concluded. I do not expect the hearing would take more than one day but I ask that you reserve a full day for the hearing. Thank you for your attention to this matter. Sincerely, S el L. Andes amh cc: Johnna J. Kopecky, Esquire Gregory L. Oley GREGORY L. OLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 5524 CIVIL DONNA R. OLEY, Defendant IN DIVORCE RESCHEDULED CONFERENCE WITH COUNSEL AND PARTIES TO: Samuel L. Andes Counsel for Plaintiff Gregory L. Oley Plaintiff Johnna J. Kopecky Counsel for Defendant Donna R. Oley Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 27th day of October 2004, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 9/24/04 E. Robert Elicker, II Divorce Master GREGORY L. OLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 5524 CIVIL DONNNA R. OLEY, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Samuel L. Andes Gregory L. Oley Johnna J. Kopecky Donna R. Oley Counsel for Plaintiff Plaintiff Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 27th day of September 2004, at 1:30 p.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 8/26/04 E. Robert Elicker, II Divorce Master K. LAW OFFICES SHAGIN & ANSTINE LLC 300 NORTH SECOND STREET, 8TH FLOOR P.O. Box 1225 HARRISBURG, PENNSYLVANIA 17108-1225 www.shaginanstine.com JOHNNA J. KOPECKY jkopecky@shaginanstine.com Mr. Robert Eliker, Esquire Office of Divorce Master 13 North Hanover Street Carlisle, PA 17013 Re: Oley v. Oley No. 2001-5524 Dear Mr. Eliker: (717) 221-1111 FAX (717) 221-11 IQ June 8, 2004 I enclose the Defendant's Pre-Trial Statement I prepared on behalf of the Wife, Donna R. Oley. Although I still need some additional information from Mr. Oley, perhaps if you schedule a Pre- trial Conference, I can secure the information at that time. cc: Donna R. Oley Samuel Andes, Esquire Enclosure Very truly yours, Johnna J. Kopecky, Esquire SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 i LEMOYNE, PENNSYLVANIA 17043 TELEPHONE - (717) 761-5361 13 May 2004 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE. Gregory L. Oiey vs. Donna R. O/ey No. 2001-5524 Civil Term in Divorce Dear Mr. Elicker: FAX (717) 761-1435 Since neither party has raised any economic claims and there appears to be no dispute that they have been separated for two years, I request that you file the necessary documents to have your appointment vacated so that I can file the documents necessary to conclude the divorce. Thank you for your attention to this matter. Sincerely, Sam L. Andes amh cc: Johnna J. Kopecky, Esquire NAY-18-2004 08 39 SHRGIN-ANSTINE 717 221 1110 P.01 SHRGIN & ANSTINE LL C 300 NORTH 2ND STREET, 8071 FLOOD. HARRISBURG, PENNSYLVANIA 17101 717-2`31-1111 FAX NO. 717-22.1.-3.11.0 FACSIMILE TRANSMISSION TO: FROM: IIll bldL(nn? 5,/-? -0`f FAX NUMBER: TOTAL PAGES INCLUDING S RF': _ YOUR RIFF.ERENCr NUMBER.: .1JR(.U:NT .FORRIi\'IF.W I'LEASKCOMMENT .PIXASK REPLY NO'I11Sh3/UgA1M1.N'1'6: / v l ,Jb ??'?'' T1118 MKSSAGN IS IN'A%N1)IW ONLY NOR TAIL USN OF THIC INDIVIDUAL Olt ENTITY TO WHICH IT IS ADDRkSSIM. AND MAY CONTAIN INFORMATION 771AT IS PRIVILK010). CONNIDICNTIAL AND NXKMPT NRONI DISCLOSU RIC UNDNIZ APPLI CAIII.K LA W. IN TI I IC IMADICI2 ON"17119 M I:`iYA(:, K lH NOT fl'111C I NTKN D1CD Rkl)IPIkN'P, YOU ARIL 111WIMY NOTIM` ICI) THAT ANY DISS1CMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION 18 STRICTLY PRO11111ITKD. IN YOU IIAVIC 12KCICIV KD'1'IIIS COMMIJN ICA'1`ION IN 1CIt ItOR, PLICASF. NOTIFY US IMMEMIATELY 11Y 97CLICPIIONR AND RIC'DIIRN'1`llk 0111OINAl'. MIC98AOIC'i'O AIN A:1' T1119 AIlOYK ADIMNSS VIN Title tI.S. POSTAL SKIM(,& TIIANK YOU. IN T111MIP. AlZK ANY I900111ACM8 WITII THIS TRANSMISSION. PLEASE CAL1, 717.:121-1.1.11 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter March 19, 2004 Samuel L. Andes Attorney at Law 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 West Shore 697-0371 Ext. 6535 Johnna J. Kopecky Attorney at Law SHAGIN & ANSTINE, LLC 300 North Second Street, 8th Floor P.O. Box 1225 Harrisburg, PA 17108-1225 RE: Gregory L. Oley vs. Donna R. Oley No. 01 - 5524 Civil In Divorce Dear Mr. Andes and Ms. Kopecky: Mr. Andes has indicated that discovery is complete. A complaint in divorce was filed on September 24, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. The Defendant has stipulated that the date of separation was September 20, 2001, so there is no issue with respect to grounds for divorce. However, no economic claims have been filed. Further, I see a counter-affidavit under Section 3301(d) but I do not see an affidavit. We checked with the Prothonotary's Office to confirm that they do not have an affidavit under Section 3301(d) and they have no record of any economic claims being filed. If counsel wish to raise economic claims, I will allow counsel two weeks to raise Mr. Andes and Ms. Kopecky, Attorneys at Law 19 March 2004 Page Z_ whatever claims they wish to raise, and if no claims are raised within that period, I will ask the Court to vacate my appointment. Very truly yours, E. Robert Elicker, II Divorce Master GREGORY L. OLEY, Plaintiff VS. DONNA R. OLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5524 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a Master with respect to the following claims: ( 1 Divorce r?C1 Distribution of Property ( ) Support ( 1 Annulment ( ) Alimony ( 1 Alimony Pendente Lite ( 1 Counsel Fees ( ) 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 her attorney, Johnna J. Kopecky, Esquire 3. The statutory ground for divorce is: 33V` 4? 4. Check the applicable paragraph(s): ( 1 The action is not contested. 1 1 An agreement has been reached with respect to the following claims: ( }C) The action is contested with respect to the above-marked claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take - hevrs I day. 7. Additional information, if any, relevant to this motion: 5 N\c' 2 Date Samuee L. Andes Attorney for Plaintiff AND NOW S/ 2004, E. Robert Elicker, II, Esquire is appointed Master with respect to the above cI ims. BY THE COURT, O? .o 05 p J. '''ss u=:?bx , ve!•6tfl[, x=v +t tbl5 ,d ?t?xce 3d."?d4i ss s.c-da4f3;xd ?1'-xd _ - __ FILED-OFFICE OF THE PROTHONOTARY 2004 FEB -5 Phi 1 o a 0 GUt }S. hi D COUP\flY PE:NNSYLUAN;A 0 X 17 -[r CC% G39 ??y M. .L T w ? GREGORY L. OLEY, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-5524 CIVIL TERM DONNA R. OLEY, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance for the Defendant, Donna R. Oley, and accept service of the Complaint and the Affidavit under 3301 (d) of the Divorce Code on her behalf and accept copies of both. Date: 12 October 2003 Jo a J. Ko cky A rney fo efendant Supreme Court ID # &31V4 300 North Second Street, 8`h Floor Harrisburg, PA 17108-1225 C?J O e ? ^???JJJ ni {:- 4 .3? L?r GIS r`3 -5 r_ - C sa GREGORY L. OLEY, Plaintiff V. DONNA R. OLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5524 IN DIVORCE CIVIL TERM COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. 0(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 three 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. Ii understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include a ny, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ? DATED: NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. c-, o nv? C? y c- w , t J G ,Ln W. -w SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-3361 16 March 2004 The Honorable E. Robert Elicker, II Cumberland County Divorce Master's Office 11 North Hanover Street Carlisle, PA 17013 RE. Gregory L. 01ey v. Donna R. O/ey No. 01-5524 Civil Term Dear Mr. Elicker: R&K (717) 761-1435 I have provided Johnna Kopecky, Esquire, with the documents she requested in February. I believe that completes the discovery in the case and I request that you schedule a Pre-Trial Conference so that the matter can proceed. Thank you for your attention to this matter. Please contact me if you have questions or need anything further. Sincerely, Samue L. Andes SLA/mlv ..:._J:_.... "r.Ln-.u..q,, x ......?... . ?..? o_.R..„..? mow„ ...w..w ?. _ ?. .? LAW OFFICES SHAGIN & ANSTINE LLC 300 NORTH SECOND STREET, 8TH FLOOR P.O. Box 1225 HARRISBURG, PENNSYLVANIA 17108-1225 www.shaginanstine.com JOHNNA J. KOPECKY jkopecky@shaginanstlne.com Mr. Robert Eliker, Esquire Office of Divorce Master 13 North Hanover Street Carlisle, PA 17013 Re: Oley v. Oley No. 2001-5524 Dear Mr. Eliker: (717) 221-1111 FAX (717) 221-1I 1 0 February 24, 2004 I enclose the Certification as requested in the above-captioned matter. I have advised that Discovery is not complete, and have notified opposing counsel, Sam Andes, Esquire, that I am in need of certain documents in order to prepare my pre-trial statement. I believe that I would have them from Mr. Andes within the next week or so. In addition, as you may recall, at issue was the date of separation, and after speaking with Ms. Oley, she has agreed to stipulate to the date of separation being September 20, 2001, as is alleged by Mr. Oley. You may dispense with the need for a separate conference/hearing on the separation issue, and schedule this for a pre-hearing conference. cc: Donna R. Oley Very truly yours, Johnna J. Kopecky, Es uire Samuel Andes, Esquire Enclosure GREGORY L. OLEY, Plaintiff VS. DONNA R. OLEY, Defendant TO: Samuel L. Andes THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 5524 CIVIL . IN DIVORCE Johnna J. Kopecky , Attorney for Plaintiff , Attorney for Defendant DATE: Wednesday, February 11, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not r complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. pl??? ?f?'S w - z PIaW?k (?'s / carte r pro ds vrn Lua ?;oti ff'S savL?yS 2onds f?S POSIdY 1Q-Y„ 1 CL-) IXC- t. Pla??? (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. - .)I/ - () d' DATE SE OR LAIUT<< FF ( ) UNS FOR DEFENDANT (?/) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ff, GREGORY L. OLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 2001-5524 CIVIL TERM DONNA R. OLEY, Defendant IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT AND NOW, comes the Defendant/Wife Donna R. Oley, by and through her attorney, Johnna J. Kopecky, Esquire, and files this Pre-Trial Statement: 1. ASSETS: Marital Assets are as follows: a. Real Estate: 715 16`s Street, New Cumberland, Cumberland County, Pennsylvania Valued at date of Separation, September 20, 2001: $119,000.00. There is a Mortgage to Midland Mortgage, balance as of d.o.s : $95, 600.00, leaving net equity of $23,400.00. Wife has made all payments since September, 2001. b. Pensions: i. Husband's Postal Service increase: unknown (no statements received) ii. Husband's Military: unknown, other than he used $2000.00 of marital funds to purchase 4 years of military pension time. iii. Husband's Savings and Thrift Plan: unknown (no statements received) iy. Wife's Postal Service increase: $1996.00 v. Wife's Savings and Thrift Plan: $1213.02 c. Other investments: 'r !b 0, i. Husband has an American Fund's Account, from which he withdrew $4e@440 immediately prior to separation. This, plus the date of separation balance, total $5430.10. ii. In addition, Husband used marital funds to purchase US Savings Bonds, which are valued, on their face, at $3200.00. d. Personal Property: Wife will agree to use Husband's valuation of $5000.00 total marital personalty. Of this, wife has a vacuum cleaner ($100.00), and a grill ($100.00). 2. EXPERT WITNESSES: Wife does not anticipate calling any expert witnesses. The appraisal completed by S.W.Barrett for September 20, 2001, is acceptable. Wife reserves the right to call experts as necessary should the need arise. 3. FACT WITNESSES: Wife shall testify, and shall call Husband as on Cross-Examination. Wife reserves the right to call other fact witnesses to respond to any issues which may arise in the testimony of the Husband. 4. a. The appraisal b. The paystubs, W-2's and tax returns of the parties; c. Statements reflecting values of the accounts held by the parties. 5. INCOME STATEMENT: Attached is Wife's Paystub and 2003 W-2. 6. EXPENSE STATEMENT: Attached is Wife's Monthly Expenses. 7. PENSION INFORMATION: As stated in section 1 above, the marital value of Wife's pension is stated. Wife has no information from either of Husband's Pensions. 8. COUNSEL FEES: No claim for counsel fees has been raised by either party. 9. PERSONAL PROPERTY: Husband has the majority of marital property, other than the items wife has retained and which are stated above. Wife does not need an expert to determine the value, and will accept Husband's value of $5000.00, which would be attributable as $4800.00 to Husband, $200.00 to wife. 10. MARITAL DEBTS: a. Mortgage on the Marital Residence to Midland Mortgage with a date of separation value of $96,000.00. Wife has made all payments to preserve the equity in the house, including but not limited to, mortgage payments, tax payments, insurance payments, and generally maintenance and upkeep. b. During the marriage, Wife accumulated $6300.00 in credit card debt, which she is currently paying. The payments went to carpeting, painting, and contractors' fees which ultimately contributed to the increase in value of the marital residence, and which Wife is now currently paying. c. Debt to Husband's Parents: It is submitted by Wife that this has been paid. 11. PROPOSED RESOLUTION OF ECONOMIC ISSUES: While it is difficult to determine what is "equitable" without all of the numbers from Husband in, Wife submits that she should be awarded the marital residence, keep her pension and thrift plan, and the two items of personalty she has in her possession. She will then continue to pay the mortgage (but will attempt to refinance to remove husband's name) and pay the credit cards that are in her name. It is submitted that Mr. Oley does not have the expenses as listed on his "Expense Statement" as he is living rent-free with his parents and has done so since September, 2001. Husband should be awarded his pensions, his thrift plan, his American Funds, the Savings Bonds, and the personal property in his possession. He would execute a deed to the marital residence to the wife. In an effort to resolve the issues, while wife has offered to Husband the sum of $5000.00 provided that the parties may settle without need of further assistance from the Master or the Courts. Respectfully submitted, Z J WE J. -Y ecky, Esquire orney for Defendant Supreme Court ID 53147 300 North Second Street, 8' Floor Harrisburg, PA 17101 (717) 221-1111 h F. 1911lifmalum mortar d Employee's ..coal security na. ,.1_0760000 214=76-0149 a fn.phyar's cams, address, and ZIP code Ignited States Postal Service Eagan Accounting Service Center 2825 Lone Oak Parkway Fagan MN 55121.9611 ^1 Fnminya=e first name and initial Lost name address and ZIP code D R OLEY 715 16TH ST NEW CUMBERLAN PA 17070.1515 1 Wnnss. lips, tibia compensnlinn 2 Federal interne tex withheld __ 53.272. 0C 9.430.27 a Fooinl xerm0y wages 4 Social eecurhy wngea withheld 58 749.36 3,642.46 9 M-4inme .,gas and tips 6 Morocco, lax withheld 58,749.36 851.87 9 Advot,ml EIG payment payment 10 FSA DependeMtore benefits NONE NONE 12a Sea inslruclin is for box 12 121, See insirtmtinns far box 12 O 5 477.28 NONE 1.1 slMtomy pattern 3rd party 14 Other U ® ? NONE IS Ftate Employers stMe 10 no. 16 Stole wages, fps, Mc. PA_L410769000 58 732.47 1? S1-ds income tax 18 Local wngea, tips, eta.. _1x644.52 58 858.34 1 + I real income lox 20 Laeolity name 900.40 HIM _ xl T(nLA ailowbnce 32 Employee business expense NONE NONE 3a Tnxnhlo enplnyae bas. axis. ' 34 Pension plan coverage _ NONE YES v5lmpWed forams She Insurance ' 36 Memillanama' 16.89 NONE _ 31 Pe-tax health bensfils 38 Occupation lm withheld 108.98 NONE in R=lnsntlon gross' 40 FSA hen2h tae NONE NONE _ Employee's Copy 2003 W-2 Wage and Tax Statement Copy 0 to he filed with - Amount inchoded In box 1 Employee's Fedmsl Income Tex Reiur OMB No. 1585-0008 r \C i 1 4 R 1 B1343724 1 26 n3 000427D9 PAYLOC FINANCE N0. EMPLOYEE NAME EMPLOYEE ID PAY PERIOD . SERIAL NUMBER DETAIL EAR NIN GS GROSS TO NET LEAVE STATUS RR RS C/LEV RATE CODE TYP HOURS PAY THIS PERIOD YEAR-TO-DATE ANNUAL LEAVE 2 01 43034 134 W 4D 0 82 B GROSS PAY 35 9 5884145 FROM P REY YR 192 2 01 43034 134 0 18'11 56203 FED TAXSS 374'46 9430'2 EARNED THIS YR 44100 1 O1 43034 134 V 115 6 1 STTAXPASO 65197 164 52 DAL 336-75 1 0.1 43034 134 W 35'15 727 3 RFTTRF s 13'24 337'08 USED YR 60100 D1 43034 34 0 4 7 32 MEDICARE 34116 85187 THIS pp i L 05 100 UN L 1790 65'40 BALANCE 192!79- I IN4z5 23170 533185 SICK LEAVE ' LTCT .58'22 1513 F ON PREY vR 7266 ALOT 12500 325.0100 EaRNEO THIS v 96'0.0 LD 0'00 1040'00 U,El YR 261 4 L0385 1200 00 140 THIS pp 4'8: I_ 00746 L035S TSP13 10'0 0 2356 6 00 88 54778 LEAVE WITHOUT PAY THIS PP E HP1D5 1088 CUMULATIVE 146'07 36426 BOND UNAPPL BAL OISSUED ? FLSA l I USPS RETIREMENT NET PAY 1196.46 NT BK 11000124260561 POSTMASTER/MANAGER 1675 CAMP HILL BYPASS CAMP HILL PA 17011.9998 *******AUTO** ALL FOR AADC 170 IN111111IIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIII1111111911111111 DONNA R OLEY 715 16TH ST NEW CUMBERLAND PA 17070-1515 IIIIIIIIIIIIIIIII11111111IIIIIIIIIIIIIIIIIIIIIIIIIIIII.H.AII w w a y z i w n z x a N 2399.10 DATE 12-19-2003 00042709 b MONTHLY EXPENSES: Mortgage (includes taxes and utilities) Electric Gas Maintenance Oil Telephone Sewer Trash Water $872.00 100.00 40.00 200.00 125.00 50.00 15.00 12.00 35.00 SUB TOTAL: Car Payment Car insurance Fuel 288.00 62.00 50.00 SUB TOTAL: Clothing Food Lunches Hairdresser Newspaper Cable Charitable Internet Doctor and Dental (average) Life Insurance Health Insurance College (to daughter) Credit Card Payments (minimum) 25.00 350.00 40.00 55.00 30.00 40.00 70.00 25.00 25.00 90.00 116.00 75.00 300.00 SUB TOTAL: TOTAL: $1449.00 400.00 1241.00 $3090.00 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TEIEPHON (717) 761-5361 12 February 2004 The Honorable E. Robert Elicker, II Cumberland County Divorce Master's Office 11 North Hanover Street Carlisle, PA 17013 RE.• Gregory L. 01ey v, Donna R. 01ey No. 01-5524 Civil Term Dear Mr. Elicker: F. (717) 761-1435 I represent the Plaintiff in the above matter. The Defendant is represented by Johnna Kopecky. I recently filed a Motion for Appointment of Master and I write to advise you of one issue in the case. Plaintiff contends that the parties have been separated for more than two years. Defendant denies that. An issue we are going to have to address is the date of separation and whether my client is entitled to a divorce under §3301(d) of the Divorce Code or not. Please let counsel know how you wish to deal with that and whether you want us to file pre-trial statements at this time or not. Thank you for your attention to this matter. Sincerely, I L. Andes SLA/mlv SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 FAX 18 February 2004 (717) 781-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE.• Gregory L. O/ey vs. Donna R. O/ey Dear Mr. Elicker: I enclosed the discovery certification which you requested in the above case. I do not believe there is much dispute about the assets, although the value of the assets will depend upon the date of separation and there is a dispute as to that. We can save the court, your office, and everyone else some time if you will schedule a pre-hearing conference with counsel and direct that we file our pre-trial statements. I have prepared a pre-trial statement listing the assets and their values, based upon the date of separation claimed by my client. Johanna Kopecky, Esquire, who represents the Defendant can file the same document listing the values as of the dates her client contend they separated. In that way you will have a good idea of just what assets there are and how far apart we are in valuing them. I request that you set a date for Ms. Kopecky for her to file her pre-trial statement and then scheduled a pre-hearing conference so we can try to move this case forward without delay. I request that you do that before you set any dates for hearings so that we can discuss the issues with you and try to find a way to simplify them and resolve the case as promptly as possible. Thank you for your attention to this matter. Sincerely, a el L. Andes Amh / Enclosure Cc: Johnna J. Kopecky, Esquire GREGORY L. OLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 5524 CIVIL DONNA R. OLEY, Defendant IN DIVORCE TO: Samuel L. Andes , Attorney for Plaintiff Johnna J. Kopecky , Attorney for Defendant DATE: Wednesday, February 11, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. f OR IF DISCOVERY IS NOT P4PTETE: (a) Outline what inform n is required that is not complete in or to prepare the case for trial and indic whether there are any outstanding inte atories or discovery motions. , (b) Provide approximate da complete and indicat to complete disc ry. en discovery will be action is being taken DATE C S L FOR LAINTIFF (X-) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 25 May 2004 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Gregory L. Oley vs. Donna R. Oley 2001-5524 Civil Term Dear Mr. Elicker: FAX (717) 761-1435 Enclosed you will find the Pre-Trial Statement I file on behalf of Gregory L. Oley in the above matter. Please schedule a pre-hearing conference at your convenience. Sincerely, Sam . Andes le Enclosure cc: Johnna J. Kopecky, Esquire 4& OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter May 18, 2004 Samuel L. Andes Attorney at Law 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 West Shore 697-0371 Ext. 6535 Johnna J. Kopecky Attorney at Law SHAGIN & ANSTINE, LLC 300 North Second Street, 8`h Floor P.O. Box 1225 Harrisburg, PA 17108-1225 RE: Gregory L. Oley vs. Donna R. Oley No. 01- 5524 Civil In Divorce Dear Mr. Andes and Ms. Kopecky: Attorney Kopecky has filed a request for equitable distribution. Therefore, I am going to proceed with a directive for pretrial statements. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, June 11, 2004. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. Mr. Andes and Ms. Kopecky, Attorneys at Law 18 May 2004 Pie 2 THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (]1]) 791-5391 F 24 September 2004 (717) 761-1435 The Honorable E. Robert Elicker, II Cumberland County Divorce Master's Office 11 North Hanover Street Carlisle, PA 17013 RE.• Gregory L. 01ey v. Donna A 01ey No. 01-5524 Civil Term Dear Mr. Elicker: I write to confirm that the settlement conference in the Oley divorce matter has been rescheduled and will now be held on Wednesday the 27" day of October 2004 at 9:00 a.m. Thank you for your cooperation. Sincerely, &rl L And . es amh cc: Johnna J. Kopecky, Esquire Gregory Oley 717-761-1435 SAM ANDES SAMUEL L. ANDES ATTO$NEY AT LAW SEB WORTH TWELFTH BTBEET P. O. BOX 100 LEMOYNE, PENNSYLVANIA 17040 16 March 2004 E. Robert Elicker, II Office of the Divorce Master 11 North Hanover Street Carlisle, PA 17013 RE: Gregory L. 01ey v. Donne A Way No. 01-5524 Civil Term Dear Mr, Flicker: 489 P01/01 OCT 25 '04 14:53 rzL "ONR flu) 101?E901 VAX 1917) 701-1496 The parties have agreed upon settlement of the economic issues in their divorce case and we are now in the process of preparing an agreement to implement that settlement. Accordingly, the conference scheduled in your office for Wednesday, 27 October 2004 at 9:00 a.m. need not be held. I write to request that you cancel the conference to give us time to complete the written agreement. Sincerely, Samuel L. Andes amh cc: Johnna J. Kopecky, Esquire Gregory L. Oley SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 E&x 16 March 2004 (717) 761-1435 E. Robert Elicker, II Office of the Divorce Master 11 North Hanover Street Carlisle, PA 17013 RE. Gregory L. O/ey v. Donna R. O/ey No. 01-5524 Civil Term Dear Mr. Elicker: The parties have agreed upon settlement of the economic issues in their divorce case and we are now in the process of preparing an agreement to implement that settlement. Accordingly, the conference scheduled in your office for Wednesday, 27 October 2004 at 9:00 a.m. need not be held. I write to request that you cancel the conference to give us time to complete the written agreement. Sincerely, u I L. ndes amh cc: Johnna J. Kopecky, Esquire Gregory L. Oley LAW OFFICES SHAGIN & ANSTINE LLC 300 NORTH SECOND STREET, 8TH FLOOR P.O. BOX 1225 HARRISBURG, PENNSYLVANIA 17108-1225 www.shaginanstine.com JOHNNA J. KOPECKY i kopeckypshaginanstine.com Prothonotary Cumberland County Courthouse High and Hanover Streets Carlisle, PA 17013 Re: Oley v. Oley 2001-5524 In Divorce Dear Sir or Madam: (717) 221-1111 FAX (717) 221-11 1 0 February 25, 2005 Enclosed for filing please find an Defendant's Affidavit of Consent and Waiver of Notice for the above-captioned matter. Kindly time-stamp the enclosed copy and return it to me in the enclosed, self-addressed stamped envelope. Thank you for your attention to this matter. Very truly yours, Enclosure Johnna J. Kopecky, Esquire cc: Donna Oley Samuel Andes, Esquire Robert Elicker, Esquire GREGORY L. OLEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5524 CIVIL TERM DONNA R. OLEY, Defendant IN DIVORCE WAIVER OF NOTICE F INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE (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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: DONNA R. OLEY, DEFENDANT GREGORY L. OLEY, Plaintiff V. DONNA R. OLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5524 CIVILTERM IN DIVORCE AFFIDAVIT OF CONSENT (I) A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 24, 2001. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (3) I consent to the entry of a final decree of divorce. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. DATED- DONNA R. OLEY, DEFENDANT GREGORY L. OLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 5524 CIVIL DONNA R. OLEY, Defendant IN DIVORCE ORDER OF COURT AND'NOW, this day of ~ 2005, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on February 25, 2005, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: 0 muel L. Andes Attorney for Plaintiff Johnna J. Kopecky Attorney for Defendant Geor t' IV e H I& P. . ?05 oa?? -ij cZ.i I I j 91 NdIv SON Y1bViO`VH)lJ d CLi 3o 'JH o C1? I'd GREGORY L. OLEY, Plaintiff VS DONNA R. OLEY, Defendant THE MASTER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5524 CIVIL IN DIVORCE Today is Friday, February 25, 2005. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Gregory L. Oley, and his counsel Samuel L. Andes and the Defendant, Donna R. Oley, and her counsel Johnna J. Kopecky. This action was commenced by the filing of a complaint in divorce on September 24, 2001, raising grounds for divorce of irretrievable break down of the marriage. Counsel for husband has provided the Master with an affidavit of consent and a waiver of notice of intention to request entry of divorce decree which will be filed by the Master's Office. Ms. Kopecky is going to file her client's affidavit and waiver within the next 3 to 5 days. The divorce, therefore, can be concluded under Section 3301(c) of the Domestic Relations Code. A claim for equitable distribution was raised by the Defendant on May 13, 2004. There are no claims raised by either party for alimony or counsel fees and costs. Master has been advised that after negotiations among the parties and counsel this morning, an agreement has been reached with respect to the outstanding economic issue of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Upon the transcription of the agreement, the Master will send it to counsel for review for typographical errors, corrections, if any, will be made, and the agreement will be presented to counsel for signing by the parties affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment. The parties were married on September 25, 1999. It is stipulated that they separated on September 20, 2001. The parties did not have any children of this present marriage although both parties have children of prior relationships. Mr. Andes. MR. ANDES: The parties have agreed to settle the economic claims in this action on the following terms: 1. Husband shall convey and transfer to wife into her name alone the residence at 715 16th Street in the Borough of New Cumberland, Cumberland County, Pennsylvania. He will execute and acknowledge a deed and deposit that with his attorney so that it can be delivered to wife's attorney in time to conclude the settlement on her refinancing of the mortgage in accordance with paragraph 2 hereof. After the transfer, the house shall be wife's sole and separate property free of any further claim of husband. 2. Wife shall refinance the mortgage which currently encumbers the property and is owed to Midland Mortgage Company and accomplish that refinancing within 45 days of the date of this agreement. At the time she refinances it, she shall obtain husband's release from any obligation to Midland Mortgage Company by satisfying that debt and shall further make a cash payment to husband in the amount of $14,000.00. The payment shall be treated by both parties as equitable distribution. Husband shall arrange, through his attorney, to deliver the deed to the residence in time for wife to conclude the settlement on the refinancing of the house so that she can make the payment to him and satisfy the Midland Mortgage Company at that time. In the event that wife fails to complete the refinancing within 45 days, the parties shall, at husband's option either list the house for sale with a real estate sales agent or either party may ask the Court to partition the property to control its sale thereafter. Upon the sale of the property, the Midland Bank Mortgage will be paid in full. Husband will be paid the sum of $14,000.00, and wife shall retain the balance of the sale proceeds. 3. Husband shall retrieve from the marital residence a 27-inch television set and the bottom portion of an entertainment center. The parties have agreed that husband shall come to the residence at 1:00 p.m. on Sunday, March 6th, 2005, to retrieve those items. After husband has retrieved those items, the parties acknowledge that their personal property has been divided to their mutual satisfaction and each party shall retain, free of any further claim by the other, the items of household furnishings and tangible personal property then in their possession. 4. Husband shall retain, free of any further claim by wife, all of his benefits within the Federal Employees Retirement System, his account with the Thrift Savings Plan with the United States Postal Service, his account with American Funds, all United States savings bonds issued in his name or in his possession, and any automobile currently titled in his name or in his possession and any and all other bank accounts or other accounts or assets with financial institutions currently in his possession or titled in his name. Wife shall retain, free of any claim by husband, her benefits within the Federal Employees Retirement System, her account within the Thrift Savings Plan with the United States Postal Service, any motor vehicle currently titled in her name or in her possession, and any and all accounts in Commerce Bank or any other financial institution currently in her possession or titled in her name. Each of the parties waives any further claim to or against any of the assets named in this paragraph or any other asset currently held by the other party or titled in the other party's name. 5. With the exception of the matters addressed in this agreement, each of the parties waives any further claims for equitable distribution of marital property. Each of the parties acknowledges that they have received advice from their attorneys, that they are aware of the law of Pennsylvania and their right to force discovery and disclosure of information, and that they are familiar with their right to have the Court divide their property Knowing all of this, the parties waive those rights and agree to accept the terms and provisions of this agreement in full satisfaction of their claims for equitable distribution. 6. During the marriage, the parties incurred various debts including two credit cards in wife's name, one owed to Bank One and the other owed to Capital One Visa and a loan from husband's parents. Wife agrees that she shall be solely responsible to pay and satisfy the two credit cards in her name and husband agrees that he shall be solely responsible to pay and satisfy the debt owed to his parents and each of the parties agree that they shall indemnify and save the other harmless from any claims against the other party resulting from their failure to pay those debts. The parties further represent that there are no other debts owed at the time of separation which have not been provided for in this agreement. 7. The parties each waive and surrender any claim they may have against the other for spousal support, alimony, or alimony pendente lite and for counsel fees or expenses. Again, the parties acknowledge they have been represented by counsel and have had their rights under the law of Pennsylvania relating to these matters explained to them and their right to have the Court decide these issues if the parties cannot agree. The parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have to spousal support, alimony, alimony pendente lite or counsel fees and expenses. 8. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and releases any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. Except for the provisions of this agreement, there is no other understanding or agreement between the parties relating to the disposition of their marital claims and all prior representations, understandings, or undertakings between the parties relating to such matters are merged into this agreement and shall no longer be separately valid or enforceable. This agreement shall be interpreted and applied and enforced if necessary by the courts of the Commonwealth of Pennsylvania in accordance with the law of the Commonwealth of Pennsylvania. MR. dictated. Do yo MR. MR. MR. MR. to today? ANDES: u under OLEY: ANDES: OLEY: ANDES: Mr. Oley, you heard the agreement I just stand it? Yes. Do you have any questions about it? No. Is that -- are those the terms we agreed MR. OLEY: Yes. MR. ANDES: And are you satisfied with those? MR. OLEY: Yes. MS. KOPECKY: Miss Oley, did you hear the terms of the agreement as dictated by Attorney Sam Andes. MS. OLEY: Yes. MS. KOPECKY: And they are the terms that you've accepted and agreed to today? MS. OLEY: Yes. MS. KOPECKY: Do you have any questions regarding any of those terms or is anything not clear as far as the terms were related? MS. OLEY: No. MS. KOPECKY: Are you willing to accept -- the terms of those agreements today? MS. OLEY: Yes. MS. KOPECKY: Okay. Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 3 - 3l-oif P, L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -r or L 01 Plain ff Vs File No. cL I? y IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of -jr Ab : r= t , and gives this written notice avowing his / her intention pursuant the provisions of 54 P.S. 704. Date: 1 a - / - k ',"? /P d Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF C",,k, h r l a4 On the !0-fi day of D e d {? , 200_, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 OF Tft PROTPONOTARY 2009 DEC 10 AM IQ: 56 WmCi v UIN TY PENNS`( A;'4:?'k. $11.00 PO D CAQ14 tZT# ?...3 `f g?--?