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HomeMy WebLinkAbout99-04196 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. EDWARD L. HAWLEY, _ AND NOW, VERSUS MARK A. HAWLEY, Defendant DECREED THAT AND Plaintiff N O. 99-4196 CIVIL TERM DECREE IN DIVORCE Mw-4, EDWARD L. HAWLEY MARNI A. HAWLEY ?^so p,? . 2004 IT IS ORDERED AND PLAINTIFF, ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated February 9, 2004 shall be incorporated, but not merged, into this Decree in Divorce and is enforceable as an Order of Court as provided in 23 Pa.C.S. 53105. ATTEST: / J. / PROTHONOTARY ?.{ EDWARD L. HAWLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4196 CIVIL MARNI A. HAWLEY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ol:76 rAl day of _h" !!?? , 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated February 9, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ehcKe? cc: Xelissa Peel Greevy Attorney for Plaintiff John J. Connelly, Jr. Attorney for Defendant ,AAkN\ GedLr H fer, J. V n 001 -.21, -o ?:j ti'' Johnson, Duffle, Stewart & Weidner By. Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4196 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this & day of 2004, by and betweer EDWARD L. HAWLEY of Beaver Creek, Ohio, (hereinafter "HUSBAND") and RNI A. HAWLEY, of Dublin, Ohio, (hereinafter "WIFE"); WITNESSETH: WHEREAS, the parties hereto were married on September 23, 1995, in Columbus, Franklin County, Ohio; and WHEREAS, a divorce action was filed by HUSBAND on or about July 9, 1999, in the Cumberland County Court of Common Pleas, and docketed at 99-4196 Civil term; and WHEREAS, there are no children of the marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect has been fully explained to the parties by their counsel. WIFE is represented by John J. Connelly, Jr., Esquire of James, Smith, Dietterick and Connelly. HUSBAND is represented by Melissa Peel Greevy, Esquire of Johnson, Duffle, Stewart & Weidner. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having obtained sufficient knowledge and disclosure of their respective legal rights and obligations. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to §3301(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Marital Settlement Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced -2- in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL DISCLOSURE. The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants -3- that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 6. SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. DEBTS. HUSBAND shall assume responsibility for the MBNA Credit card, and the First USA credit card. HUSBAND will assume full responsibility for payment of any credit card debt in his name on and after December 21, 1998. HUSBAND shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations. WIFE shall assume responsibility for the Capital One credit card WIFE represents and affirms that this amount has been paid in full. WIFE will assume full responsibility for payment of any credit card debt in her name on or after December 21, 1998. WIFE shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations. 4- The parties agree that they shall take prompt action regarding any remaining joint credit accounts which have not been closed and agree that they shall Immediately close such accounts. HUSBAND represents and warrants to WIFE that in the future he will not, contract or Incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations Incurred by him since the date of their final separation, December 21, 1998. WIFE represents and warrants to HUSBAND that since the filing of the Divorce she has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since the date of their final separation, December 21, 1998. 8. HUSBAND will retain full value of the Defined contribution Holophane Thrift and Retirement plan which he has through his employment with Holophane Corporation. WIFE specifically waives any and all right, title or interest in HUSBAND'S retirement plan listed above. WIFE shall retain the value of the TYCO retirement and Savings Plan and the Actuarial Data/Manulife 401(k) plans which she liquidated subsequent to the parties' separation. HUSBAND waives any and all right title and Interest in said plans and in any retirement, pension, or 401(k) plans which may have been earned by WIFE after the date of separation on December 21, 1998. 9. LIQUID MARITAL ASSETS. The parties agree that they had checking and savings accounts at PNC Bank and checking and savings accounts at Kemba Federal Credit Union during the marriage and that previously existing joint accounts and individual accounts have been divided to their satisfaction. Any individual accounts now owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled. Both parties waive any rights they may have to the bank or credit union account(s) of the other. 5- 10. AUTOMOBILES. HUSBAND and WIFE agree that HUSBAND will retain the value of the 1996 Chrysler Cirrus which he traded in on a Nissan Altima after the parties' separation. WIFE agrees to execute any documents needed to effect the transfer of all of her right, title and interest in the Nissan Altima to HUSBAND alone. WIFE waives any and all right title and interest in said vehicles. HUSBAND and WIFE agree that WIFE shall retain the value of the 1986 VW Golf Volkswagen, which she purchased after separation. WIFE shall be solely responsible for all costs associated with the vehicle, to include registration, maintenance, and insurance related to the vehicle. HUSBAND agrees to execute any documents needed to effect the transfer of all of his right, title and interest in said vehicle to WIFE alone. HUSBAND waives any and all right title and interest in said vehicle. 11. EQUITABLE DISTRIBUTION. In order to effect the over all equitable distribution scheme which is more specifically detailed throughout this Agreement, the parties stipulate and agree that Marital Settlement Agreement, Affidavit of Consent and Waiver of Notice, shall be executed by the parties contemporaneously and that upon receipt of the properly executed Marital Settlement Agreement, Affidavit of Consent, Waiver of Notice, by counsel for HUSBAND, WIFE's counsel shall promptly receive a check on WIFE'S behalf in the amount of four thousand ($4000) dollars. The parties stipulate and agree that this shall be a one time payment which shall be treated as equitable distribution and for federal income taxation purposes shall not be deductible to HUSBAND nor includable in WIFE'S income. 12. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties agree that they have previously divided the household goods, and personal property to their -mutual satisfaction. The parties agree that this distribution of goods and personal property is satisfactory and equitable. 6- 13. SPOUSAL SUPPORT AND ALIMONY. The parties acknowledge that there is an existing spousal support Order, payable to WIFE, PACSES number 103101695, and docketed to 00975-S-1999 in the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania. The parties stipulate and agree that, this Order and Wage attachment shall be terminated effective with the effective date of this Agreement. Any arrears due under the terms of the Order shall remain due and payable by HUSBAND. If, however, there are any credits or excess payments after the effective date of this Agreement, these shall be refunded in full to HUSBAND. In order to effect the intent of this Agreement, a copy of the Agreement shall be provided to the Domestic Relations Office allowing for an administrative disposition to terminate the support Order and Wage attachment without the need for the parties to appear. HUSBAND and WIFE waive now and forever, any and all right or claim, past or future, to support from the other, whether the claim be in the form of medical support, alimony, alimony pendente lite, or spousal support. 14. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 15. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents. The parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. -7- 16. ATTORNEY FEES. COURT COSTS. HUSBAND paid the fees associated with the filing of the Complaint in Divorce and with the valuation of the Defined Benefit Plan and shall be responsible for the counsel fees associated with the preparation of this Agreement, and the counsel fees to finalize the Divorce. Otherwise, each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses if the breach is cured within 14 days of a written demand by one party to the other and providing notice of intent to seek counsel fees. Demand shall be adequate if it is sent via certified mail and provides at least fourteen (14) calendar days from the date of mailing for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the presumptive correct mailing address for notice to the Plaintiff shall be: EDWARD L. HAWLEY 2316 Mallard Lane . Beaver Creek, Ohio 45431 For purposes of this provision, and in absence of notice to the Plaintiff to the contrary, the presumptive correct mailing address for notice to the Defendant shall be: MARNI A. HAWLEY 5819 Parkbridge Lane Dublin, Ohio 43016 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. -8- It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to further discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; (e) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. VOID CLAUSES. If any term, condition, clause or provision of this Agreement, shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 9- 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set for herein. 22. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. -7", "G JOAR l3D Witness LEY / ATE _ r l ?l MART I A. AWLE / D T' :222272 -1o- STATE OF OHIO COUNTY OF ss. On theJp'?' day of 2004, before me, a Notary Public in and for the State of Ohio, the undersigned officer, per onally appeared EDWARD L. HAWLEY known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. written. WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above Z4 llje?e,? Notary Public ??e) PENNI PACK, IWMarypft Io and for ftM Stall alif MY Commhabe E*" Vft 2%20 E STATE OF OHIO COUNTY OF ss. On the -9_ day of , 2004, before me, a Notary Public in and for the State of Ohio, the undersigned officer, onally appeared MARNI A. HAWLEY, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. written. WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above SUSAN K. DUPONT Notary Pubic, Sete of OW OF a q?F p i My 0omnmeba Expires 02-OM (? I Notary Public - 11 - EDWARD L. HAWLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 99-4196 CIVIL TERM VS. MARNI A. HAWLEY, To the Prothonotary: Defendant PRAECIPE TO TRANSMIT RECORD 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) RUZODUM of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Served upon Defendant via certified mail, restricted delivery, and received on 9/13/99. Return of Service was filed 9/2,1/99. 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 the plaintiff January 30, 2004 by the defendant February 9, 2004 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. The Marital Settlement Agreement dated February 9, 2004 shall be incorporated, but not merged, into the Decree in Divorce. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on January 30, 2004 and filed on February 24, Waiver of Notice signed by Defendant on February 91 200 and fi ed on February 24, 2004. 'Attorney for IWIDMUM Melissa Peel Greevy Atty ID N 77950 1 i N (- 11 l` ) LI i l r u_ C7 ?? :J EDWARD L. HAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA No. 99 -2/96 CIVIL TERM V. MARNI A. HAWLEY, IN DIVORCE Defendant. You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or other property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 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 i • EDWARD L. HAWLEY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V No. 99- CIVIL TERM j MARNI A. HAWLEY, IN DIVORCE Defendant. NOTICE OF AVAILABILITY OF O tNCFt IN TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down 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 list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. EDWARD L. HAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA No.99- 9/9GCIVILTERM V. MARNI A. HAWLEY, IN DIVORCE Defendant. COMPLAINT IN DIVORCE UNDER § 3301 (c) or § 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Edward L. Hawley, by and through his attorney, Melissa Peel Greevy, Esquire, respectfully represents: 1. The Plaintiff is Edward L. Hawley residing at 3523 September Drive, Camp Hill, Cumberland County, Pennsylvania. Plaintiff's Social Security Number is 280-78-5172. 2. The Defendant is Mami A. Hawley residing at 162 Logan Road, Apt 3 D, Dillsburg, York County, Pennsylvania. Defendant's Social Security Number is 296-52-9672. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The parties were married on September 23, 1995 in Columbus, Franklin County, Ohio. 5. The parties were separated on December 21, 1998. 6. There are no minor children of the marriage. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the .,1 Congress of 1940 and its amendments. 8. There have been no prior actions of divorce or annulment between the parties. 9. The marriage is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court to require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 11. Paragraphs I- 10 of this Complaint are incorporated herein by reference as if set forth at length. 12. The Plaintiff and Defendant have legally and beneficially acquired certain personal property during the marriage. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to equitably divide all marital property. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Date: 14!K 6 d / Edward L. Hawley - intiff Respectfully submitted: Date: Melissa Peel Greevy, Esquire I.D. No. 77950 214 Senate Avenue Suite 602 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for Plaintiff ? I a F v-? w Q !v -? K J r Z U. ? c S U v EDWARD L. HAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-4196 CIVIL TERM MARNI A. HAWLEY, IN DIVORCE Defendant. RETURN OF SERVICE The Complaint was mailed to Marni A. Hawley on September 9, 1999 at 4:00 p.m. At 214 Senate Avenue Camp Hill, Cumberland County, PA. The signed receipt is attached. Signature and Affidavit 1, Melissa Peel Greevy, Esquire, certify that I am a competent adult not a party to the action. 1 verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: 6 Melissa Peel Greevy, Esquire 214 Senate Avenue Suite 602 Camp Hill, PA 17011 I.D. No 77950 (717) 763-8995 Counsel for Plaintiff EDWARD L. HAWLEY, Plaintiff, V. MARNI A. HAWLEY, Defendant. 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V Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EDWARD L. HAWLEY, IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA Pfaintiff NO. 99-4196 CIVIL TERM V. CIVIL ACTION - LAW MARNI A. HAWLEY, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about July 9, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. 1 have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1 30 D :223590 A'd 1 ?r yelm Aw;uq Edward L. coley, Plaintiff -? l ?. ?-? ?- Ilt? % (_) r ` ? c_.. - a. ?? `7? LL?(J? ?V I , ? r ` .T I)- U CJ ?.7 cJ Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4196 CIVIL TERM CIVIL ACTION - LAW 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 130 B 'J U'J'l v dwar L. wley, Plaintiff :223590-2 y. :h 2 <V LJ f-- Li LI. O T i en U <v Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EDWARD L. HAWLEY, IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 99-4196 CIVIL TERM V. CIVIL ACTION - LAW MARNI A. HAWLEY, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about July 9, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. 1 have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I 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. 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: ?Qh Maml ,Hawley, Defe nt :223590.3 c? o? ?. -? i.u = c? ?c ? _ ??iC ? ? ? ?= ;v u- ii? J L p_. L. n_ _r .l V c? ? a-v ?' Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4196 CIVIL TERM CIVIL ACTION - LAW 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date. 99L 9 , 2?A Marni lawley, Defen nt :223590.4 Cl) _ F-i c7 Illly CV Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant NOTICE Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99.4196 CIVIL ACTION - LAW If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about December 21, 1998 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: :218189 I a"/t. /rJ Edward L. w C ER MICA T E OF S ER VICE AND NOW, this 26'h day of September, 2003, the undersigned does hereby certify that she did this date serve a copy of the foregoing 3301(d) Affidavit upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 JOHNSONnDE, STEWART & WEIDNER ,: am Melissa Pee Greevy m CN, FCC, :. C?? fir. ? N ll u t' -n i cn O EDWARD L. HAWLEY, Plaintiff VS. MARK A. HAWLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4196 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Melissa Peel Greevy John J. Connelly, Jr. , Attorney for Plaintiff , 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 12th day of November 2003, at 1:30 p.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: 10/2/03 E. Robert Elicker, II Divorce Master LAW OFFICES JOHNSON9 DUFFIE, STEWART & WEIDNER A Professional Corporation JERRY R. DUFFIE 301 MARKET STREET RICHARD W. STEWIRT P.O. BOX 109 C. ROY WEIDNER. JR. EDMUND G. UYERS LEMOVNE. PENNSYLVANIA 17043.0109 DAVID W. DELL UCE UGE WEBSITE: www.Jdsw.com RALPH H. WRIGHT. JR. MARK C. DUFFIE MICHAEL J CASSIDY TELEPIIONE 717.76144540 MELISSA PEEL GREEVY FACSIMILE 717-7614015 ROBERTM. WALKER E-MAIL: mali@jdsw.com WADEA MANLEY February 20, 2004 HAND DELIVERED E. Robert Elicker, II, Esquire Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Edward L. Hawley v. Marna A. Hawley No. 99-4196 In Divorce Dear Mr. Elicker: HORACEA.JOHNSON COUNSEL TO THE FIRM WRITER'S EXT. NO. 118 E-MAIL mpg@jdsw.com Pursuant to Tracy's telephone conference with my assistant today, enclosed are two copies of the fully executed Marital Settlement Agreement in the above captioned matter. We understand your office will prepare the Order to vacate appointment of the Divorce Master and forward the same to the Court. We have provided envelopes addressed to counsel for the parties which you may provide to the Court for return of the signed Orders. Your prompt attention to this matter is appreciated. Very truly yours, JOHN ON, FFIE, STEWART & WEIDNER Melissa Peel Greevy MPG:kkm:224688 Enclosures cc: John J. Connelly, Jr., Esquire Edward L. Hawley EDWARD L. HAWLEY VS. MARNI A. HAWLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 4196 NO. CIVIL 19 IN DIVORCE STATUS SHEET DATE: ACTIVITIES: rl /l n h r.n 1 -r- I' ro "'7l i i ?? ( ,rte ?rn f?jl Ad ?/ rrL-/?. EDWARD L. HAWLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4196 CIVIL MARK A. HAWLEY, Defendant IN DIVORCE TO: Melissa Peel Greevy John J. Connelly, Jr. , Attorney for Plaintiff , Attorney for Defendant DATE: Monday, July 28, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. I GG q.% l _ /-11 - G'Q k \z DATE POMEL\KOR PLAINTIM ) tOb"EL R DEF DAN LA 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. 46 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 September 2, 2003 West Shore 697.0371 Ext. 6535 Melissa Peel Greevy John J. Connelly, Jr. Attorney at Law Attorney at Law JOHNSON, DUFFIE, STEWART & WEIDNER JAMES, SMITH, DIETTERICK & 301 Market Street, P.O. Box 109 CONNELLY Lemoyne, PA 17043 P.O. Box 650 Hershey, PA 17033-0650 RE: Edward L. Hawley vs. Mami A. Hawley No. 99 - 4196 Civil In Divorce Dear Ms. Greevy and Mr. Connelly: I have received Ms. Greevy's certification document; I have not heard from Mr. Connelly. I am going to assume that discovery is complete and that we will not be dealing with discovery issues at the pre-hearing conference. If discovery issues have not been resolved by that time, I will consider vacating my appointment. I understand Ms. Greevy's desire to move this case forward, however, and to that end I am going to direct the filing of pre-trial statements. A complaint in divorce was filed on July 9, 1999, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. A counterclaim was filed on September 22, 1999, raising economic claims of alimony, alimony pendente lite and counsel fees, costs, and expenses. Inasmuch as the parties have been separated for a period in excess of two years, even if they do not agree to sign affidavits of consent, the divorce can conclude under Section 3301(d) of the Domestic Relations Code. If consents are not going to be filed by both parties, I request that counsel for husband file an affidavit under Section 3301(d) so that we are not delayed by the grounds for divorce issue. Ms. Greevy and Mr. Connelly, Attorneys at Law 2 September 2003 Page 2 In accordance with P.R.C.P. 1920.33(b) 1 am directing each counsel to file a pre- trial statement on or before Friday, September 19, 2003. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. EDWARD L. HAWLEY, Plaintiff VS. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4196 CIVIL MARNI A. HAWLEY, Defendant IN DIVORCE TO: Melissa Peel Greevy John J. Connelly, Jr , Attorney for Plaintiff Attorney for Defendant DATE: Monday, July 28, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. There are no outstanding interrogatories or discovery motions. Plaintiff anticipates that the exhibits and documents filed with the pretrial statement will uodate discovery materials previously exchanged with regard to the Defendant's income, separate retirement assets, and counsel fees, should she persist in her pursuit of that claim. Whatever decision the Master makes with regard to the directive for filing a pretrial statements, Plaintiff respectfully requests the scheduling of a prehearing conference for counsel with the Divorce Master. 1i (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. # ?)3 DATE ? - COUNSEL FOR PLAINTIFF (?G) 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. EDWARD L. HAWLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARNI A. HAWLEY, Defendant No. 99-4196 CIVL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, upon consideration of a letter from Plaintiff's counsel, Melissa Peel Greevy, Esquire, requesting that the case remain active, and no objection having been presented in open court, the request is granted, the case is stricken from the purge list, and the case shall remain active. Melissa Peel Greevy, Esquire For the Plaintiff John J. Connelly, Jr., Esquire For the Defendant Court Administrator wcy C?? - I l -l 5-02 'l5 Z By the Court, .._.r..? ._..._ _?. _ ?...?_ LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation JERRY R. DUFFIE 301 MARKET STREET RICHARD W. STEWART P. O. BOX 109 C. ROY WEIDNER, JR. LEMOYNE, PENNSYLVANIA 17043.0109 EDMUND G. MYERS WEBSITE: www.jdsw.com DAVID W. DELUCE TELEPHONE 717.761.4540 RALPH H. WRIGHT. JR. FACSIMILE 717.761.1015 DAVID J. LANZA E-MAIL madGjdaw.com MARK C. DUFFIE MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER August 29, 2003 E. Robert Elicker, 11, Esquire Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Edward L. Hawley v. Marni A. Hawley No. 99-4196 In Divorce Dear Mr. Elicker: HORACE A. JOHNSON COUNSEL TO THE FIRM WRITER'S EXT. NO. 118 E-MAIL mpg@jdaw.com On or about July 21, 2003 1 filed the Plaintiffs Inventory and Appraisement and a Motion for the Appointment of the Master in the above-captioned Divorce matter. I received a July 28, 2003 Discovery Certification from your office which was returned to you with correspondence dated August 4, 2003. Your Certification indicates that the documents should be returned to your office within two weeks with the date shown on the document. I have not received Mr. Connelly's Certification nor, have I received any discovery requests from his office subsequent to the time the Motion for the appointment of a Master was filed. Accordingly, on behalf of my client, I respectfully request the scheduling of a pre-hearing conference with the Divorce Master and a directive requiring the filing of pre-trial statements. By copy advanced Fax of this letter Mr. Connelly has been notified of this request. Thank you for your prompt attention to this matter. Very tr?ul IOH(VS7N,FIE, EWART & WEIDNER J7 Melissa Peel Greevy MPG:jkr:217775 12860-1 ,j JERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT, JR. DAVID J. LANZA MARK C. DUFFLE MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: w ,jdsw.rom TELEPHONE 717461.4540 FACSIMILE 717.761.3015 E-MAIL mail®Idsw.com August 4, 2003 E. Robert Elicker, II, Esquire Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Edward L. Hawley v. Marni A. Hawley No. 99-4196 In Divorce Dear Mr. Elicker: HORACE A. JOHNSON COUNSEL TO THE FIRM WRITER'S EXT. NO. 31R E-MAIL mpg@Jdsw.com Enclosed herewith please find Plaintiffs Certification in the above divorce matter. Very truly yours, JOH DUFFIE, STEWART & WEIDNER I sa Peel Greevy MPG:kkm:216647 Enclosure cc: John J. Connelly, Jr., Esquire (w/encl.) Edward L. Hawley (w/encl.) EDWARD L. HAWLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 4196 CIVIL TERM MARNI A. HAWLEY, CIVIL ACTION-LAW Defendant : IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Mami A. Hawley, by and through her attorneys, James, Smith, Durkin & Connelly, and files the following Answer and Counterclaim to Plaintiffs Complaint in Divorce: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted 11. No answer required. 12. Admitted. COUNTERCLAIM ?l j COUNT II 13. Defendant avers that she is the innocent and injured spouse, and that the Plaintiff has offered such indignities to the Defendant so as to render her condition intolerable and life burdensome. r, 14. This action is not collusive. COUNT III CLAIM FOR ALIMONY UNDER SECTION 501 OF THE DIVORCE CODE 15. Defendant is unable to support herself through appropriate employment. 16. Defendant lacks sufficient property and income to provide for her reasonable needs. 17. Defendant requires reasonable alimony to adequately maintain herself in accordance with the standard established during the marriage. 18. Plaintiff is financially able to provide for the reasonable needs of the Defendant. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 19. Defendant does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 20. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: i a. dissolving the marriage between the Plaintiff and Defendant; ti b. directing the Plaintiff to pay alimony to Defendant; <r i c. directing the Plaintiff to pay alimony pendente lite in Defendant's counsel fees and the cost of this suit; and d. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY I Date: Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: 71c ?r1?l 1 1? i l? ',c? ,? EDWARD L. HAWLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99 - 4196 CIVIL TERM MARNI A. HAWLEY, CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the Defendant, Mami A. Hawley, hereby certify that I have served a copy of the foregoing Answer and Counterclaim on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Melissa Peel Greevy, Esquire 214 Senate Avenue, Suite 602 Camp Hill, Pennsylvania 17011-2336 JAMES, SMITH, DURKIN & CONNELLY DATE: 7 I7? By Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 r- ??? ? rte. y. c?C Q C.l C. iJ ? ?/? ?+lS EDWARD L. HAWLEY, Plaintiff, V. MARNI A. HAWLEY, Defendant. To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4196 CIVIL TERM IN DIVORCE Please reinstate the Complaint in the above captioned matter. September 3, 1999 L4 Melissa Peel Greevy, Esquire 6- I.D. No 77950 214 Senate Avenue Suite 602 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for Plaintiff --• ?- ;:? ?f:. ..,.I-; .. -- :,_? ,- . ,: ?_;: c ? ??cJ __i 1 i ?A ?• 1 U f, (i: ::iLL /? C ? ? ? 1\ ? U ]AMLS SKirm DIErmRICK & CoNNELLY LIP John J. Connelly, Jr. jjcjr@jsdlegal.com September 19, 2003 E. Robert Elicker, III, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Edward L. Hawley v. Marni A. Hawley No. 99 - 4196 Civil Term Dear Mr. Elicker: Enclosed please find a copy of the Defendant's Pre-Trial Statement. Very truly yours, no 1 r ?Jotlj-. Connelly, Jr. r. JJC/jlk cc: Melissa Peel Greevy, Esquire Mami Hawley 1 l4 IePI: AVEUUr. P M1,11I STOWN, PA I m,l; raAw ,(! ADDRESS. Pri BOXNi I If N`;I IP I, PA 11093 ?, /I/53332H0 /11533]7!1 17 6 33 2705 ICDC. COM GARY L. JAMES MAX J. SMITH. JR. JOHN J. CONNELLY. JR. SCOTT A. DIETTERICK JAMES F. SPADE BRYAN S. WALK MATTHEW CHABAL, III GREGORY K. RICHARDS SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YARN COURTNEY L. KISHEL KIMBERLY A. DEWITT OF COUNSEL: MANLEY DEAS & KOCHAI.SKI. LLC COLUMBUS,OH Enclosure LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation JERRY R. DUFFIE 301 MARKET STREET RICHARD W. STEWART P. O. BOX 109 C. ROY WEIDNER. JR. LEMOYNE, PENNSYLVANIA 17043.0109 EDMUND G. MYERS WEBSITE: www.jdsw.com DAVID W. DELUCE RALPH H. WRIGHT, JR. TELEPHONE 717-761-4510 DAVID J. LANZA FACSIMILE 717.761.3015 MARK C. DUFFIE E-MAILmai1Gjdsw.com MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER September 18, 2003 E. Robert Elicker, II, Esquire Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Edward L. Hawley v. Marni A. Hawley No. 99-4196 In Divorce Dear Mr. Elicker: HORACE A. JOHNSON COUNSEL TO THE FIRM WRITER'S EXT, NO. 118 E-MAIL mpB®Jdsw.com Enclosed are the original and one (1) copy of Plaintiff's Pretrial Statement and Exhibits in the above captioned matter. Please return the clocked-in copy to me in the enclosed envelope. Very truly yours, JOHIV,6(N, D FIE,/S(TTEWA?RT & WEIDNER Melissa Peel Greevy MPG:kkm:218546 Enclosures cc: John J. Connelly, Jr., Esquire (w/encls.) Edward L. Hawley (w/encl.) LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A P JERRY P. DUFFLE rofessional Corporation RICHARD W. STEWART 301 MARKET STREET P. O. BOX 109 HORACE A. JOHNSON C. ROY WEIDNER. JR. EDMU LEMOYNE, PENNSYLVANIA 17043.0109 COUNSEL TO THE FIRM ND G. MYERS DAVID W. DELUUCE GE WEBSITE: ww 4dsw.com RALPH H. WRIGHT. IR TELEPHONE 717.761.4540 DAVID J. LANZA FACSIMILE 717.761.3015 MARK C. DUFFLE EMAIL ms11O1dwM m WRITER'S EXT. NO. 118 MELISSA PEEL GREEW E-MAIL mpg®Jdsw.com MICHAEL J. CASSMy ROBERT M. WALKER October 1, 2003 John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 Re: Edward L. Hawley v. Marni A. Hawley No. 99-4196 In Divorce Dear John: Enclosed herewith is a clocked-in copy of Plaintiffs Affidavit under Section 3301(d) of the Divorce Code in the above captioned matter. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Melissa Peel Greevy MPG:kkm:219028 Enclosur cc: wt. Robert Elicker, II, Divorce Master Edward L. Hawley Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff La, 00 p V EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, NO. 99-4196 CIVIL ACTION- LAW A r, Defendant c LTa i , 1 NOTICE LCl ir:? If you wish to deny any of the statements set forth in this Affidavit, you must ruQ a Couritdr- ffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be ac?rr?ittecl.'.' AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE CODE The parties to this action separated on or about December 21, 1998 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Edward L. w 218189 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A C ER T/ F/CAT E O F S ER V/ C E AND NOW, this 26'" day of September, 2003, the undersigned does hereby certify that she did this date serve a copy of the foregoing 3301(d) Affidavit upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 JOHNSONnDEE, STEWART & WEIDNER -- 19 ? Melissa Pee Greevy JAMES, SMr1J 1 DILTTEa1C'K & CONNELLY LIP John J. Connelly, Jn .heir tsdlegnl.conn E. Robert Elicker, III, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 171013 October 2, 2003 Re: Edward L. Hawley v. Mami A. Hawley No. 99-4196 Civil Term Dear Mr. Elicker: Enclosed please find the signed Certification in the above-referenced matter Very tr ,u?yoU JJC:hsd Enclosure cc: Melissa Peel Greevy, Esquire Mami Hawley J. Connelly, Jr. IJ.t :II -I[ All fJUI: I"I'""I TQWN, PA I lO il. f.IAII IIJ(.i AUORESS' fill, R;R II H;IE V. PA 11033 IIl /1]51{3,0 533 All r7:,,: vs C6'P.V .I;HID. COM GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE BRYAN S. WALK MATTHEW CIWBAL, III GREGORY K. RICHARDS SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SESSER NEIL W. YARN COURTNEY L. KISHEL KIMBERLY A. DEWITT OF COUNSEL: MANLEY IDEAS & KOCHALSKI, LLC COLUMBUS, OH ?a EDWARD L. HAWLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 9196 CIVIL MARK A. HAWLEY, Defendant IN DIVORCE TO* Melissa Peel Greevy John J. Connelly, Jr , Attorney for Plaintiff , Attorney for Defendant DATE: Monday, July 28, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. %P (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 2 13 --H D TE 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 PA.:TY 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. Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4196 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER The Plaintiff Edward L. Hawley moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support (X) Counsel Fees ( X ) Costs and Expenses and in support of the motion states: 1. Informal discovery is complete as to the claims for which the appointment for the master is requested. However, the parties' income disclosures will need to be updated prior to time of hearing. 2. The Defendant has appeared in this action by her attorney, John J. Connelly, Jr., Esquire. 3. The statutory grounds for divorce is: Irretrievable Breakdown under Section 3301(c) or Section 3301(d) of the Divorce Code. 4. The action is contested with respect to the following claims: equitable distribution, alimony, counsel fees and costs. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Counsel for Plaintiff requests a scheduling of a pre hearing conference with counsel only. 6. Any additional information, if any, relevant to the motion: None. (/?/? JOHNSON, DUFFIE, STEWART && WEIDNER Date: 01 V By: v" Me issa el Gree ORDER APPOINTING MASTER AND NOW, on this ` Via/" day of 2003, Esquire is appointed Master with respect to the follow g cla s: equitable distribution, alimony, counsel fees and costs. BY THE COURT: :216104 ?- ?- 03 ,"''. ? ? i ... i •:. , w pp CERTIFICATE OF SERVICE AND NOW, this Lgb4ay of July, 2003, the undersigned does hereby certify that she did this date serve a true and correct copy of the foregoing Motion for Appointment of Master upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the date indicated below, to the following persons: John J. Connelly, Jr., Esquire P. O. Box 650 Hershey, PA 17033 JOHNSON OF E, STEWART & WEIDNER By: e issa eel Greevy s: r• C ? _1- ? ?... _ ': J - ?'> Cc - ii;] _.? is _' ' -? U EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4196 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Date of Marriage: September 23, 1995 Date of Separation: December 21, 1998 Divorce Complaint filing date: July 9, 1999 1. MARITAL ASSETS 1998 Income Tax Refund 2. PNC Bank Savings Account 3. 401k 4. Tyco Retirement Savings 5. 401k 6. Kemba Credit Union 7. Kemba Joint Credit Union Account 8. Holophane Stock 2. EXPERT WITNESSES VALUE $ 2,208.00 Husband and Wife (divided equally - each party received $1,104.00) $ 3,104.08 Wife I S- $ 1,800:00-Wife Y $ 92QM Wifev $15,203.00 Husband $ -825.00 Husband K2,732.60 Joint (in ?? 2. fry 2 Husband's possession) , Ye S $ 362.11 Husband_ %, Z, Defendant knows of no expert witnesses at this time. However, Defendant reserves the right to supplement this answer should such become available. 3. NON-EXPERT WITNESSES Defendant knows of no non-expert witness at this time with exception to the parties. However, Defendant reserves the right to supplement this answer should such become available. 4. EXHIBITS See Defendant's Income and Expense Statement with attached Tax Return (Exhibit "A"). 5. NET INCOME See Defendant's Income and Expense Statement with attached Tax Return (Exhibit 6. EXPENSES See Defendant's Income and Expense Statement with attached Tax Return (Exhibit 7. PENSIONS/RETIREMENT A. Plaintiff- 401k B. Defendant- 401k Tyco Retirement Savings 8. MARITAL DEBTS 1. MBNA 2. Capital One 3. First USA $15,203.00 $ 1,800.00 $ 920.98 Marital Portion to be Determined $326.00 paid by Wife Marital Portion to be Determined 9. PROPOSED RESOLUTION Because of the disparity in the parties' incomes, sixty (60%) to Wife and forty (40%) to Husband. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY Date: By: P.O. Box 650 Hershey, PA 17033 (717) 533-328 PA I.D. No. 15615 EXHIBIT "A" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240.6225 Fax: (717) 240-6248 JULY 23, 2003 Plaintiff Name: NARNI A. HAWLEY Defendant Name: EDWARD L. HAWLEY Docket Number: 00975 S 1999 PACSES Case Number: 103101695 Other State ID Number: Platte note: An correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT Of you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF Mar 6 % H "21W 1 L.y Section 1: Income and Insurance INCOME: ?c Fnrtftr. Employer 3-1 -ao ?n to-y-a3 W QtrrJD- ' 7nJc 4,`A?1 t r\tra+ ?1Pt 2222'1 Address Type of W-0rk F \ gSmut Aunt Payroll No. Ip 1 Gross Pay per Pay Period S Pay Period (wkly., bi•wkly., etc.) Federal Withholding State Income Tax S, S Social security Retirement S S Local Wage Tax Savings Bonds S $ Credit Union S Life Insurance S Health Insurance s S $ other Deductions (specify) S $ Net Pay per Pay Period S NI Q OTHER (Fill in A ro riate C olumn) Ownership+ INCOME WEEK MONTH YEAR PROPERTY OWNED interest S S $ DESCRIPTION VALUE H W J Dividends Accounts ki Ch ^ 05 S 0%1 1 11k ec ng r'NCltla . Pension Anhui Savings Accounts Socul Securi n i di U C FCV K I !? 00 6 n o re t ew L S , Rents Royalties Stocks/Bonds Expense Account R l E Gif state ea ts Unem to mem•Te Other Workmen's Core nsadon Other ats' TOTAL I s WoZ 3 ? Other USe\ >3 53 TOTAL S 5 S • H=Husband; W=Wife; 1=Joint TOTAL INCOME 1 $ R3S Service Type M Form IN-008 Worker ID 21205 Income and Expense Statement PACSES Case Number 103103,695 INSURANCE Coverage + COMPANY POLICY N H W C Hospital CM A Wa1a Blue e Cross n? Other V Blue Shield cc) 01 abU ? ? Other Hwlth/Accident Diubiliry Income Dental Other -n-rausaana; W=Wife; C=Child Section H: Supplemental Income Statement a. Ibis form is to be filled out by a person ? (1) who operates a business or practices a profession, or ? (2) who is a member of a partnership or Joint venture, or ? (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession , corporation or similar entity; (1) the most recent Federal Income Tax Return, and (2) the most recent Pmfit and Lou Statement C. Nome of business: Address and telephone number; d. Nature o business (check one) ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (5) other C. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: R( (4) Specified deductions. if any: j; Page 2 of 3 Form IN-008 Service Type M Worker ID 21205 ) or income and Expense Statement PACSES Case Number 103101695 Section III: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section Bon page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal SupposVAPL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home tl Mortgage/Rent S S S Maintenance utilities Eleetric S S S Gas Oil Telephone Witter Sewer to e [ ]cnSta Z.4e Public Transport. $ S S Lunch e Red estate S S S Personal Property ranee Homeowner's S $ S Automobile G.k Life Accident Health Other Automobile Payments S $ S Fuel Repairs £yl 300= I Medial Doctor S S S Dentist Orthodontist Hospital Medicine pee nee (glasses, braces, EXPENSES (Fill In Appropriate Column) (continued) WEEK MONTH YEAR 'iducatioll Private School $ $ $ Parochial School College CO Religious Personal Clothing 5 $ 5 214.92 Food rber/ Hairdresser Credit Payments co Credit Card I$ Charge Memberships 17 Loans Credit Union $ S S Qr.11 Miscellaneous Household Help S S S eare VCT t `o e a Pepers/books Maruines Entertainment Pay Tv Vacation o? Gifts N Legal fees 6 nta e Q omy Pa ents Other 5ci,raw? a s - s 1 kn?rt D? 1 1 Total WEEK MONTH 15. S 1 2 .29 € YiAlR Ex a: $ I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date ' Plain iff or De ant plot ,Crlxja?A VA Atka Page 3 of 3 Form IN•008 Service Type M Worker ID 21205 O `/1 Department of the Treasury-Internal Revenue Ser vlre ^??/r• I 4U U S Individual Inco T x f f ( ) . . me a Return ?- L P Label _ ,as use, omy_pe For Ina year Jan t-Dec. 31, 2002, or oiler tar veer betlnnrnp 2002 enanc 2p o f ur irst name and lnnial Lasl name (See instr ti L r10 tit A Hawk A i uc ons on page 21 J - a If a joint return, spouse's list name and harm Last name E Use the IRS L label. Otherwise, H home adores! (number and street!. It you have a P.0, box. see page 21 Apt no. E 6%lq 1?arvbr:d L please print BfI? R ?L or type. E City. town or post dnlce. !late, and ZIp code. II you have a lorelgn aooress, see page 21. 0 1 1 Presidential 0 0 'i f). cN 301 (,- Election Campaign; ;Note. Checking "Yes" Will not change your tax or reduce your refund. (See pace 21.1 Do you, or your spouse if filing a joint return want 53 to do to this fund? I ?, Single 4 ? Head of household hi Filing Status 2 El Marred filing jointly (even if only one had incom ) th lif i e e qua y ng. person Isa 3 2M i d fili Check only arr e ng separately. Enter spouse's SSN above this child's name here. ? one box. and full name here. ? gdt1Afd L Wow l2?_ 5 ? Qualifying widow(er) w spouse died ? EXemptionS Be .youmeN. If your parent (or someone else) can claim you as a dependent on his or h return, do not check box 6a - "to ? Spouse . . tDependents' (2) Dependent's (3) Dependent's (4) .1(. in a (1) First name Last name social security number relationship to -chiblor ou Drell ties If more than five ?? dependents, see page 22. E ? d Total number of exemptions claimed Income 7 Wages.: salaries, tips, etc. Attach Form(s) W-2 Be Taxable interest. Attach Schedule B if required Attach b Tax-exempt interest. Do not include on line Be 8b Forms W-2 and ,9 Ordinary dividends; Attach Schedule B if required here. Also attach Also 10 Taxable refunds, credits, or offsets of state and local income taxes (see page 24) . ;. Portraits) 1099-R 11- Alimony. received . . . . . if tax was 12 Business income or (IDSS). Attach Schedule C or C-EZ withheld. 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here.? ? 14 Other gains or (losses). Attach Form 4797 If you did not get a W-2, , 15a' IRA distributions Ise it, S b Taxable amount (see page 25) see page 23. 16a Pensions and annuities 16a b Taxable amount (see page 25) 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule£ Enclose, but do 19 Farm income of (loss). Attach Schedule F not attach. any payment. Also. 79 Unemployment compensation • • - lease use P 20a Social security benefits ?20a to Taxable amount see page 27 ) Form 1040-V. 21 Other income. List type and amount (see page 29) ............. 22 Add the amounts in the far right column for lines 7 throuah 21. This is your total income I Adjusted 23 Educator expenses (see page 29) 23 Gross 24 IRA deduction (see page 29) . 24 I 25 Student loan interest deduction (see page 31) • 25 ncome 26 Tuition and fees deduction (see page 32) 26 27 Archer MSA deduction. Attach Form 8853 , . . . . 27 28 Moving expenses. Attach Form 3903 . . . . . . 28 t 29 One-half of self-employment tax. Attach Schedule SE 29 30 Self-employed health insurance deduction (see pace 33) 30 31 Self-employed SEP, SIMPLE. and qualified plans 31 32 Penalty on early withdrawal c: savlnos . . . . . . 32 33a Mini paid In Recipient's SSN ? 33a i 34 Add lines 23 through 33a . . . . 35 Subtract line 34 from line 2: Tnis is veur adjusted gross in come ? For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 76. a: Nc 12599G Your social security number 2910 :52: ?+tol 2? Spouse's social security number 2g11 51 z :Imp ort ant tN.ou must enter ;' _ rydur,SSN(s) above,' You.7 RD ?, use e68 L, No !teas ? ?No qualifji79 -person) ISee,ppge'2bPlf child ix t not your-0epende%..enter Ith dependent child,Uear fee a e21, ertex r_%NIs. ofrboxu ... ? zlicheckrpan ' p ?,Be antltsb ,,.? tt. zso:di;eniier,n N1y,? q:ion se,w(tbt -oldie- r ?:w.UvsO.wa'the '.. F72 Is ?did.a"with. ,:or.irepenaks in,Dopitia 4w se 51 •?riolaMe!eB ebuua7,?? t YWd wmhen '.',,L_J dh:aneti Form 1040 12002 I nrnr 1n40 1200P1 Page as nI f.nm ago i5 I. A.. nN „ ..•„r as 31 _ 3-5-1 75 tax anO --.------ 37a Check If El You were 65 or older ? Blind ? Blind. ? Spouse was 65 or older . . , Credits Add the number of boxes checked above and enter the total here . . ? 37a Standard Deduction b If you are married filing separately and your spouse itemizes deductions, or for- you were a dual-status alien, see page 34 and check here ? 37b j • People who 36 Itemized deductions (from Schedule A) or your standard deduction (see left mar in), 3 Z5 9• h k d ec e any c box on line 39 Subtract line 38 from line 36 . . . . 37a or 37b o r who can be 0 If line 36 is 8103,000 or less, multiply $3,000 by the total number of exemptions claimed an claimed as a line Bd. If line 36 is over $103,000, see the worksheet on page 35 OOO dependent, see page 34. ,41 U 41 Taxable Income. Subtract line 40 from line 39. If line 40 is more than line 39, enter -0- ., Oil 2A • All others: 42 Tax (see page 36). Check If any tax is from: a ? Form(s) 8814 b ? Form 4972 • 42 single. 43 Alternative minimum tax (see page 37). Attach Form 6251. ..,.'. '4 $4.700 44 Add lines 42 and 43 . . . . . . .? `4 • f household, . . . . . 45 Foreign tax credit. Attach Form 1116 If required 46 . . . . • $6'900 46 Credit for child and dependent care expenses. Attach Form 2441 46 - Married filing jointly ointly or 47 Credit for the elderly or the disabled. Attach Schedule R , 47 Oualifying 48 Education credits. Attach Form 8863 . . . . . . 48 7,850er), $ 57,850 49 Retirement savings contributions credit, Attach Form 8880 , 49 Married 50 Child tax credit (see page 39) . . . . . . . . . . 50 filing 51 Adoption credit. Attach Form 8839 . . . . . . . . 61 separately. 83 925 52 Credits from: a El Form 8396 b 13 Form 8859. . 52 . 53 Other credits. Check applicable box(es): a ? Form 3800 Id ? Form 8801 c ? Specify 53 54 Add lines 45 through 53. These are your total credits -54* 55 Subtract line 54 from line 44. If line 54 Is more than line 44, enter -0- . .'.? .66-1 2 -7 1 *1 56 Self-employment tax. Attach Schedule SE . . . . . . . . "s' ' . 57 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 57 Taxes 58 Tax on qualified plans, including IRAs, and other tax-favored accounts. Attach Form 5329 if required S6. 59 Advance earned income credit payments from Form(s) W-2 . c .,58 60 Household employment taxes. Attach Schedule H 61 Add lines 55 through 60. This is our total tax . -•?` `.:BY. i Payments 62 Federal income tax withheld from Forms W-2 and 1099. 62 63 2002 estimated tax payments and amount applied from 2001 return 63 If you have a 64 Earned Income credit (EIC) . . . . . . 64 qualifying . . . . 65 Excess social security and tier 1 RRTA tax withheld (see page 56) 66 child, attach schedule EIC. 66 Additional child tax credit. Attach Form 8812 . . 66 67 Amount paid with request for extension to file (see page 56) 67 68 Other payments from. a ? Form 2439 b ? Form 4136 c ? Form 8685 , 68 / Refund 70 If line 69 is more than line 61, subtract line 61 from line 69. This is the amount you overpaid Direct deposit, 718 Amount of line 70 ou want refunded to you , ? j See page 56 ? b Routing number J ? c Type: ? Checking ? Savings and fill in 71 b, 71 c, and 71 d. ? d Account number Announi 73 Amount you owe. Subtract line 69 from line 61. For details on how to pay, see page 57, Ill w You Owe 74 Estimated tax penalty (see page 57) . . 174 Third Parry Do you want to allow another person to discuss this return with the IRS (see page 58)? ? Yes. Complete the following. ? No Designee Designee's Phone Personal Identification name ? no. ? f 1 number (PIN) ' +? Sign Under penalties of perjury, I declare the: I have examinee this return and accompanying schedules and statements, and to the best of my knowledge end belief, they are true, correct, and complete Declaration of preparer Iptner roan taxpayer) is based on all information of which preparer has any knowledge. Here your s,analure Date Four occupation Daytime phone number Joint return? _ See page 21. C Q::?? • ' ' ?? t S t- I ( ) 1 - 00 Keep a copy Spou e s sionam - I' a t r turn. both rtrus: sl?DWE Spou 's cccupaugn for your `` records Paid Prepare, < 1 Date Preparer's SSN or PTIN Check if sfanxture IF self-emoloved LI Preparer's Firm s name End Use Only yours if self.emooved:, ` Id",-. Inc c P code Phone nc r LLS GPO 100, 490.064 Form 1040 (2002) e Control number This Information is being furnished to the Internal Revenue Service. If you 1545-0008 are required to file a lax realm, a negligence penalty or other sanction may OMB No . be imposed on You if this income is taxable and ou fell tore n It. to Emplo er identification number 53"3'1.1143 1 Wages, tips, other compensation 1CQ11L 11 2 Federal Income tax withheld 194=1,66 o Emplayer's name, address. and ZIP code 3 Social security wages 4 Social security tax withheld US A'Ri,,'Y? 11293". 11 1 35.91 2345 %I+ Y S T A L ?? r' I V c ARLINGT` ;N VA GGLi7 5 Medicare wages and tips 6 Medicare tax withheld . ' Ur'. .. 4 7 Social security Iles 8 Allocated bps d Empoyee's social security number 9 Advance EIC payment 10 Dependent care benefits 246-52-967L e Employee's name, address, and ZIP code 11 Nonqualitied plans 128 See Instructlons for box 12 93612 05 1000 259 007: s ) MARNI A MAWLEI' 13 imo?ar?i. Munmm, ruao.0vm 121, 5819 P6A'-K:fRIOG_ LA-`4P IN [iii 4301 DUB L b 14 other 12e 125 'II MEAL 12 i2d UNIT 1,O.a1 15 Slate - Employer's state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local incomete r 20 Locality me, iY..?..1, 326363 08.79. 'Gh 1? ................. .................... ........... 'qI Wage and Tax 7 Form Y¦'2 Statement 2002 Copy C For EMPLOYEE'S RECORDS. (See Notice to (Rev. February 2002) Employee on back of Copy B). Department of the Treasury-Intemal Revenue Servce Safe, Use accurate, FASTI Use EDWARD L. HAWLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99 - 4196 CIVIL TERM MARNI A. HAWLEY, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, attorney for the Defendant, Mami A. Hawley, hereby certify that I have served a copy of the foregoing Pre-Trial Statement on the following on the date and in the manner indicated below: FACSIMILE AND U.S MAIL FIRST CLASS PRE-PAID Melissa P. Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 JAMES, SMITH, DIETTERICK & CONNELLY Date: Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 ?. i:l L ; , `? ?, , (, y ? . ? ?.-. `I Johnson, Duffle, Stewart 44Neidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant PLAINTIFF'S EXHIBITS VI. EXHIBITS NO. 99-4196 CIVIL ACTION - LAW A. December 1998 PNC Savings Statement, Account No. 50-0087-8035 ; B. January 1998 PNC Savings Statement, Account No. 10-1044-1015; C. Defendant's deposit/withdrawal record for period October 30, 1998 through January 6, 1999 for Account No. 50-0087-8035; D. Defendant's check register entry for periods September 14 through 16, 1998 and January 28 through February 19, 1999; E. First Quarter 1999 Actuarial Data/Manulife Financial Retirement Plan Statement; F. Defendant's 1999 form 1099-R from Manufacturers Life Ins. Co.; G. Defendant's April 6, 2000 TYCO Retirement Savings and Investment Plan Distribution Statement; H. August 1, 2002 Pension Appraisers letter indicating the marital value of Plaintiffs Defined Contribution Plan; I. December 1998 Kemba Columbus Credit Union Joint Savings and Checking Statement, Account Nos. 317313-80 and 317313-00; /" Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. December 1998 Kemba Columbus Credit Union Checking Statement, Account No. 417313; K. Kelley Blue Book trade-in valuation on Plaintiff's 1996 Cirrus; L. August 1995 and September 1995 MBNA Statements, Account No. 4313028800000551; M. December 15, 1998 First USA Visa Statement, Account No. 4417122819250284; N. December 11, 1998 through January 10, 1999 Capital One Visa Statement, Account No. 4121741446102142; 0. Checks evidencing Pontiac Loan payments; P. October 7, 1998 Subaru Lease documents; Q. Plaintiff's 2002 Federal Income Tax Return and W-2; R. Plaintiff's September 2, 2003 paystub; S. Plaintiffs 1995, 1997, and 1998 W-2's; and T. Defendant's 1999 W-2. :218486 F- Aft Exhibit A Savings Accotmt Statement PYC Bank, Central PA For doe period 12101/1998 to 1213111998 MARNI A HAWLEY n 3523 SEPTEMBER DR APT 4 CAMP HILL PA 17011-5061 W. CN? Primary account number. 50.0087.8035 Page 1 of 2 Number of enclosures: 0 $ For 24-hour customer service or current rates: Call 1.800.537-2262 ® Write to: Customer Service PO Box 609 Pittsburgh PA 15230.9738 Watch for our new E-Mail address Visit us at www.pncbank.com TOO terminal: 1.800.531.1648 For hearing impaired clients oNY Savings Aoootmt Summary Merril A Hawley Account number. 50.0087-8035 Balance Summary Beginning Deposits and Checks and other Ending balance other additions deductions balance 5,606.39 1,680.52 6,758.50 537.41 Interest Summary As of 1281, a total of $75.92 in Interest writ ?.. Annual Percentage Number of days Average collected Interest Earned earned this year. ,.. Yield Earned (APYE) In Interest period balance for APYE this period 1.75% 31 4,014.02 5.93 (Deposits and Other Additions Data Amount Description Ii 10 /870.19 DirectDeposit-Payroll AMP Inc. - Bhvee 000000000458990 IY 23 813.40 Direct Deposit-Payroll ADIP Inc. - B4aee 000000000450990 13 31 5.93 Interest Papuent Banking/Check Card Withdrawals and Purchases Date ' Amount / Description ' 01 12 X. 0 0 ATNI Wilhdtatrpl2130 S \Im ket St hiechanicbuig PA 1!. 03 .00 ATNI Wilhchn nl4243 Carlisle Pike Cassep Hill PA 12 07 /180.00 ATM Withchau:d 4242 Cmiisle Pike Cramp Hill PA 12 07 /100.00 AT\1 Withchattal Rt 202 S Goddard Kg Of Prussa PA 12 07 ?i0.00 AT\I Withdrnral4&12 Carlisle Pike Camp Hill PA 12 08 ? 40.00 ATM Withchasral 4242 Girlisle Pike Camp Hill PA 12 Oy ? 40.00 ATNI Withds:nral 127 Kim Acres Driv 12 t0 270.00 ATNI Withdrmval 140 Camplsill Shopp Camp Hill PA 19 I4 )/300.00 ATM Withdtmml 127 Kim Acres Drn• 12 ' 1 1 040.00 ATAI Withdmeval 140 C.nnlphill Shopp Camp Hill PA 12 1.1 /40.oo ATAI withdsa„•al N1.1111 8, Mittel Sts 12 1" /50.00 ATM Withdntaal 140 Camphill Shopp Camp Hill PA U '17 J 50.00 ATM W ithchmal 140 Quiphill Shopp Camp Hill PA 12 ' 1 g J100.00 ATNI Withdrawal 127 Kim Ames Dsiv 11 22 ,100.00 AT\I Withdrawal 127 Kim Acres Driv I'! '14 ?N)%,Q ATNI Withdmlral Clark Store a 1981 Columbus, Oh 12 21 1 banking Machine 11'ithdmscal Fee I! !•+ (301.., AT\I Withdmscal 134911' Fifth Ave Columbus Oh PNCBANI There were 3 Deposits and Other Additions totaling $1,689.52. There were 20 Banking Machine withdrawals totaling $3,026.00. There were 6 other Banking Machine/Check Card deductions totaling $2,180.00. Banking'Clieck Card Withdrawals and Purchases continued on next page Exhibit B Savings Account State^ent PNC Bank PNCBA1lTIC Primary account number. 1040441015 Pape 1 of 1 For the period 01101/1999 to 01121/1999 Number of enclosures: 0 MARNI A HAWLEY 4002 SQUIRES MANOR LN $' For 24-hour customer service or LIBRARY PA 15129-8408 current rates: Call 1.800.422.6537 ® Write to: Customer Service PO Box 609 Pittsburgh PA 15230.9738 Watch for oui new E-Mall address Visit us at www.pnebank.com TDDterminal: t-800.531.1648 Far hearing hnp.bed elknb snit Savings Account Stnnanary M i Account number. 10-10441015 am A Hawley ¦alaaoe Summary Please see the Activity Detail section for Beginning Deposits and Checks and other Ending additional Information. balance other additions deductions balance 5,249.79 890.92 534.00 5,606.71 PNC Banking Card 502409006658319832 has 97 of 100 transactions remaining. IIIMreat Summary As of 01131, a total of $9.24 In Interest Annual Per"ntags Number of days Avenge collected Yield Earned lAPYEI In interest period balance f APYE Interest Earned was earned this year. or this period 2.127 31 5,176.70 9.24 Activity Detail Dweafte and Other Additions There were 3 Deposits and Other Additions Oats Amount Description totaling $900.92. 01/15 195.84 Deposit Reference No. 002327110V 01/30 68?eposit Reference No. 002594497 f 01/31 9.24 Merest Payment Date Amount Description 01/06 100.00 ATM Withdmmd 5259 Library Road 01/12 01/12 50.00 950 ATM Withdrawal 5001 Library Road '? V, ATM Withd l 5 ? rawa 259 Library Road 01/12 01/15 1.00 10.00 Banking Machine Withdrawal Fee ATM Withdrawal 2880 BmwnsvWe R Librar PAV/ 01/20 75.00 y ATM Withdrawal 285 Ft Couch Rd Pittsbur h PA/ 01/21 50.00 g ATM Withdrawal 285 Ft Couch Rd Pittsburgh PA? 01/26 101.00 ATM Withdrawal 249 Summit Park Dr akdale PA V/ 01/26 20.00 ATM Withdrawal 5259 Library Road 01/26 1.00 anking Machine Withdrawal Fee 01/28 01 29 00 50 0 ATM Withdrawal 2880 Brownsville R gbmry PAr ? / . 0 ATM Withdrawal 5001 Library Road 01/29 1.00 anking Machine Withdrawal Fee There were 10 Banking Machine withdrawals totaling $831.00. There were 3 other Banking Machine/Check Card deductions totaling $3.00. Daily Valance Detail DM Balance 01/01 5,249.79 Date 01/15 Balance 5,249.63 Data 01/26 Balance Date Balance 5,002.63 01/30 5 597 47 01/06 5,149.79 01/12 5 063 79 01/20 01/21 5,174.63 5 124 63 01/28 , . 4,962.63 01/31 5,606.71 , . , . 01/29 4,911.63 n Exhibit C Sf",ESTIONS FOR USING vd. R C C aC g 'F ' S ?Mi%f i ? HECK REGISTER roeusw:[urele. the[MCA concWt And thaw thor ugh resent ecall de a to you glue clseckl e He,. u uM tiepa411. Mae e scout suggenbin for es 1 1. Be su MI infohouncles ift Imy sub . 1. Keep a a cuisine running by subsectnS the o the aec4 of Wang Inning nning Minos he deposit u ro Me , out. peen DO this Win such IIMNCnM ou, IX . ,f one, b Me , , In .,&, 10 be intent. 3. The 6 m column an be uKM br one d Iwo things. p. To rccenWlktKlrsmen the r"llin,mvbe uwM wmlr4 eIdde[k Mb fi I ,count [N,IftlM Otgle .,Liner s ous k lchoul - wane 1 Wn KKIe1RnK,WCrpr ^ MInX I 1 IIe ns b1 Vu (npr Pµ e 1/ /Il 1/II IIN I,wrp le 10 IN 111 II 11 qn Irlnn )10 OI 1 NI 1/1 Iw Yr.rr Ln • II IA, 11 I I 111 p y eIe1rIUI Imlbunon. Hems rot mldled u<ounulMing Ire NOW TO USE ME REDMER FOR DIRECT SUBTRACTION RECORD KEIMNL Nue rot been BIM as of ""muss, cute h. To ImSIuN W deductible ems. The m caumn Your rcgH,n wu dNgtKd fa 4ngle miry Iscading. which n, by be the mare left you easy Mennfy these Items a Ise nine, POPUII, method of keeping 1 recwd. However, nine Pe,wns pleN, the disc. wbnactlon method Mast, the chat, they be wbopaal allecny under the 4. If there is A pe, clunclt change on co, Yochn, !!card It In cheek N! caann. current b4Wlce. This nglfla nay 1. be YKE 1, nl shl suinwhOn. EVtry S. Mien the reglpe, b full, it,. Ibe ltmnng iN1 enc. Other line 11 digits, holes!. One non-lices 11 rK01Een bel,een file beldel Imes on the Krone line. It b then wb.,W Icheo4l or prided IdePoenl pntl p leg chid number uM Gres m the hmr wM cue new Nonce H ltrud. ewq kr lumrc neferees. 6. List lutgnanc deposits ale WlhduwA, on he NTen the disc, wbnrtnon mahod 11 used, get nn,dii rcgmnl ham the N.UthOdeed CNrgel4M Depo4p pugs b e MInaM InlnNnm. These b net l sufficient number of entry stunces using the direct su cutatm ly 1. N<Cmltbdpte W1 Inc llecks which you leseh\ .rode, to record theu.t the pope, time. b th INSTRUCTIONS INSIslk, DE FRONT COVER AR, y? tT O 8? m v I 9 O M y i i m m OI a 0 run tuuN 6UNVENIENCE, A PLACE TO RECORD AUTOMATIC PAYMENTSIDEPOSITS IS LOCATED IN BACK. ti .I.r«.v w I Y? m c 1 ?!?t, f?3 w? ?"?I'A.fi?.S,/?$"??.+.?s?' 'x.~j?.'M.i.?"s`?I?' ? M..-M1 Y >r.,. n ? ` -rAlkrt, r F. h^ I 114 i I. RECORD ALL CHARGES OR CREDITS THAT AFFECTYOUR ACCOUNT PMYMEMI PEE OEP091L B'NCE NUMBED WE 11 DE9CRIPTKINOF iRNIBdCTION DEBIT Nwm CREW E 1-0 70 2.C it/it O _ 150- IV l.?rthdra,.?2 (00 Iti.J !6 ` 13 ?1 fi NUMBER MTE RECORD ALL CHARGES OR CREDITSTHAT AFFECTYOUR ACCOUNT PAYMENTI FEE OEPOW/ BAlM1EE OESCRtMION OFTPMI TION BERM 1,11, CPEOrt f T H NI Amaz ":'ley S l?}I! .. S' jiX?. n"?.T t i 3<u.I wiu.r ??. ati i?:`.: x?. •? ALA' S 1 1 m l ^A x REMEMBER YMEKI NUMBED I MTE II OE5CFEMJOMOFTMNS JON finE I?I' (AU?II ?CNEW 15" Fqiii? -? II Exhibit D Y :iii [?,'. •;+ir •. !ry .A(`.??? _ ???? ?; 1' Y ?ti. ?}?`.? K f pWp?{I UC91 ?_ Exhibit E ACTUARIAL DATA, INC. -^? 102 BROADWAY AVE. ® _ SUITE 200 CARWEODi PA 13106 Manulife Financial Page J or 4 RETIREMENT PLAN FOR MARNI A. HAWLEY - First Quarter Statement (Jan 1, 1999 - Mar 31, 1999) less 1111111111111111111111111111111111111111111111111111111111 939367 A m oeowal 00t9o MARNI A. HAWLEY 162 Loges Road Apt. 831) DHlsbtug PA 17019-9107 SSN: 296-52-9672 USA Contract No.: 88867 Birth Date: Mar 11, 1968 THE TRUSTEES OF ACTUARIAL DATA, INC. 401(K) PROFIT SHARING PLAN ' 511759.55 Your overall ponjoHa return for this quarter was 2.4700. Your Plan Value: Your Pre-tax Account Balance $1,317.64 Employer Account Balance $441.91 Total 51,759.55 YOUR ACCOUNT ACTIVITY First Quarter Jan 1, 1999 - Mar 31, 1999 Beginning Balance S1,71S.13 Investment Return $41.42 Ending Balance 51,759.55 CKMIDIa $79561 A 0t 0eaa001 00190 RETIPV,MENT PLAN FOR MARNI ' HAWLEY First Quarter Statement pose 3 of 4 (Jan 1, 1999 - Mar 31, 1999) - continued - Your current investment instructions are: 20.000% Guaranteed Account-3 Year 30.000% High-Quality Bond Fund 50.000% Growth Plus Stock Fund Investment Instructions are as of May 10, 1999. You can change your investment instructions through Manuline at 1-800.395-1113. The annualized Money Rates for the past three months were: Guaranteed Account-3 Year Guaranteed Account-5 Year Guaranteed Account-10 Year Jan 1999 Feb 1999 Mar 1999 4.550% 5.000% 5.350% 4.550% 5.0000/0 5.450% 4.750% 5.150% 5.600% Below are the past investment returns for the investments you have selected in your Plan. Please note that future fund performance is not guaranteed. Past investment returns may be helpful es a planning tool. This historical investment returns table indicates the overall performance of the funds. Your actual results rn.p• vary. Investments 3 Month Return 1 Year Return 3 Year Avg. Annual Return 5 Year Avg. Annual Return 10 Year Avg. Annual Return Closing Unit Value Money Market Fund 1.00% 4.580/° 4.710A 4.69% 4.91% 84.117123 High-Quality Bond Fund -1 A4% 5.41% 6.77% 6.49% 7.84% 129.765584 Income Fund -0.48% 2.51% 8.15% 8.35% N/A 15.902000 High-Yield Fund 5.61% -1.03% 9.66% 9.60% 12.87% 18.292000 Diversified Capital Fund -0.56% -7.95% 6.280/. 5.65% 8.92% 19.726000 Balanced Fund 3.36% 11.95% 16.17% 14.66% N/A 223.334790 Growth & Income Fund L64% 1.14% 17.44% 18.24% 13.90% 36.596000 D'iscover' Fund 4.07% -8.54% 12.610/. 14.94% N/A 23.056000 Index Stock Fund 4.75% 18.00% 27.12% 25.10% N/A 638.141520 Capital Growth Stock Fund 6.69% 15.09% 22.63% 20.57% 15.52% 47.073320 Growth Plus Stock Fund 5.37% 11.180/0 21.04% 19.17% 15.44% 1383,32628 Selective Growth Stock Fund 7.92% 16.87% 24.090/. 21.07% 17.15% 106.569391 Growth Opportunities Fund -1.16% 11.30% 22.40% 20.52% 19.14% 63.544000 Contra Fund 5.71% 23.35% 24.82% 22.76% 22.76% 84.374000 Foreign Fund 6.19% -8.80% 6.62% 7.14% 10.57% 12.402000 0000100 559567 A 0 01500001 W190 e-? Exhibit F PAYER'S name, stmt address, city, state, and : ode and telephone no. 1 MANUFACTURERS LIFE INS. CO. (USA) $ P.O. BOX 640 74 BUFFALO, NY $ 14201-640 2t *R INQUIRIES 1-800-395-1113 4E* PAYER'S Fedsr* Ns* ncplannum a, RECIPIENT'S Identification number 2 ; 01-0233346 296-52-9672 $ RECIPIENT'S name, Street address (Including apt. 0), City, state, & ZIP cod 5 GRP88867 MARNI A. HAWLEY $ 162 LOGAN ROAD, APT.4130 T CORRECTED ?utlon d No. 154"119 ph"hibutiona from Annultles Pensions 1459.95 , ng , Pr, Profit-sharing Retirement or t-sha ount 1999 Plane, IRAs, Irouranee 1459 .95 Farm 1090-R Contrasts, site. ount Total Copy B nod n distribution IOl Rennrt tFin In S Income on your Federal tax return. If this form shows Federal income tux withheld In I Box 4, attach I this copy to Employee conlrlCNlons or a No insurance premiums in 0.00 s coda I PEEP 1 41MPL DILLSBURG PA 17019 as Your percentage of total distribution GRP88867-000276395 Form $ U CORRECTED (i PAYER'S name, street address, city, state, and ZIP code and telephone no. 1 Gross distribution MANUFACTURERS LIFE INS. CO. (USA) $ 1459.9! P.O. BOX 640 2a Taxable amount BUFFALO, NY $ 1459.9! 144201-640 21h Taxable amount e* INQUIRIES 1-'800-395-1113 1E 1E not determined PAYER'S Federal Idamincatlon numbv RECIPIENT'S identification number 0 Capital gain (Included l-n $ in box 2a) n92T2l.L 9pL-G7-RL79 RECIPIENT'S name Street address (Including apt. pit City state & ZIP cod 5 Employee contributions or Total employee contribution Thy lu State/Payer's state number 12 A 1079 5037 $ Name of locality 151 $ Inment of the Treasury • Internal OMB No. 1545.0119 Distributions from Pensions, Annuities, 1999 Retirement or Profit-Sharing Plans, IRAs, Insurance Form 1099-R Contracts, *to. Total distribution Copy C For Recipient's 1 Federal Income tax withhold Records $ eo 1 oc GRP88867 insurance premiums in employer's securities MARNI A. HAWLEY $ 0.00 $ This information 162 LOGAN ROAD, APT.N30 7Dlstrmuuon eOther Is being code 1 a! EP $ % furnished to the D I L L SBU R G PA 17019 On Your percentage of total Its Total employee contribution Reyemse 9eNlee. distribution i I Account number (optional) 10 Stale lax withheld 11 State/Payer's state number 12 State distribution GRP88867-000276395 $ .00 PA 1079 5037 Is 12 Local tax withheld 14 Name of locally 15 Local distribution $ is Form 1099-R (Keep for your records.) Department of the Treasury - Internal Revenue Service CORRECTED (if checked) PAYER'S name, street address, city, state, and ZIP code and telephone no 1 Gross distribution OMB No. 1545.0119 Distributions from MANUFACTURERS LIFE INS. CO. (USA) $ 1459.95 Penslotu, Annuities, 1999 Retirement or Profit-Sharing P.O. BOX 640 2a Taxable amount Plans, IRAs, Insurance BUFFALO, NY $ 1459. 95 Farm 1099-R Contracts, etc. 14201-640 2b Taxable amount Total Copy 2 ** INQUIRIES 1-800-395-1113 *dE not determined distribution File this oy PAYER'S Federal hbmlnceion number RECIPIENT'S identification number g Capital gain (included 4 Federal Income tax withhel with your state, 0 _a Z,13 $ in box 2a) $ city, or local Income tax RECIPIENT'S name. Street address (including apt. 0), City, state, & ZIP cod 5 Employee contributions or 9 Net unrealized appreciation ' when return GR P 88 8 6 7 Insurance premiums in employer s securities , required. MARNI A. HAWLEY $ 0.00 $ 162 LOGAN ROAD, APT.k30 7Distribution ernnar coda 1 I9NSEP $ k SIMPLE D I L L S B U R G PA 170 1 9 get Your percentage of total to Total employee contribution distribution $ Account number (optional) 10 State tax withheld if SiatwPayer's state number 12 State distribution GRP88867-000276395 Is .00 PA 1079 5037 s 12 Local tax withheld 14 Name of locality 15 Local distribution $ $ r-.- 4nao.o Department of the Treasury - 1? Exhibit G ??fflnl m.rn® SAVINGS TYCO RETIREMENT AND INVESTMENT PLAN TOTAL DISTRIBUTION STATEMENT 5735 NT4K ENCLOSED IS A CHECK FOR THE DISTRIBUTION YOU REQUESTED. PLEASE VERIFY THAT ALL THE INFORMATION %RNI HAWLEY IS CORRECT BEFORE ENDORSING THE CHECK. S2 LOGAN ROAD 'T 3D ILLSBURO, PA 17019-9107 3C. SEC. NO. : 296.52.9672 VIPLOYEE NO : 00000458990 EMPLOYMENT DATE : 04/06/1998 , (VISION NO : IAA PARTICIPATION DATE :0712111998 . VESTING DATE 04/0611998 YPE : TOTAL DISTRIBUTION, NO DIRECT TRANSFER TERMINATION DATE : 01/2412000 TRANSACTION DATE : 04106/2000 UND INFORMATION SHARES CASH SHARES PRICP, WITHDRAWN WITHDRAWN FORFEITED 'RANKLIN SM CAP GRTH 548.4400 .628 $30.42 566 1 /ANGUARD WINDSOR 11 525.2200 13.282 5334,97 . 7 969 JLF BOND FD OF AMER 512.8800 14.833 5191.05 . 11 058 ?IDELITY GROWTH CO 596.6200 12.486 51,206.40 . 7 496 ?ID FREEDOM 2030 $17.6400 1.734 530.58 , 4 338 SPARTAN US EQ INDEX 553.2300 8.001 5425.89 . 4.799 THESE ARETHE FUNDS AF FECTED BY THE DISTRIBUTION ;OURCE INFORMATION 04/0612000 VESTED AMOUNT AMOUNT B EGINNING BALANCE PERCENT WITHDRAWN FORFEITED F-MPLOYEE PRE TAX BASIC $2,181.46 100.00 52,181.46 S 00 EMPLOYEE PRE TAX VOL 537.85 100.00 $37.85 . S 00 TYCO COMPANY MATCH $189.00 0.00 S.00 . 5189 00 TYCO COMPANY MATCH 51,286.50 0.00 S.00 . 51,286.50 THESE ARE THE SOURCES AFFECTED BY THE DISTRIBUTION DISTRIBUTION SUMMARY TAX INFORMATION BEGINNING BALANCE 53,694.81 TOTAL DISTRIBUTION $2,219.31 FORFEITED AMOUNT ( 51,475.50) LESS WITHDRAWALS ($2,219.31) TOTALTAXABLE AMOUNT 52,219.31 ENDING BALANCE S.00 ORDINARY INCOME AMOUNT $2,219.31 ELIGIBLE FOR ROLLOVER $2,219.31 CHECK INFORMATION MARNI HAWLEY CHECK DATE 04106/2000 GROSS AMOUNT $2,219.31 162 LOGAN ROAD CHECK NUMBER 207249826 FEDERAL TAX $443.86 APT3D NET AMOUNT $1,775.45 DILLSBURG , PA 17019-9107 PLEASE VERIFY THATTHIS INFORMATION IS CORRECT TYCO RETIREMENT SAVINGS 35735 NT NARNI HAWLEY 162 LOOAN ROAD APT 3D DILLSBURO, PA 17019-9107 SOC. SEC. NO, : 296-52.9672 WITHDRAWAL TYPE :TOTAL DISTRIBUTION *NO DIRECI' TRANSFER CHECK NUMBER :207249826 CHECK DATE : 04/06j00 GROSS AMT $2,219.31 TAXABLE 52,219.31 FEDTX 5443.86 NET AMT 51,775.45 ?1 Exhibit H PENSION APPRAISERS INC. P.O. Box 4396 - Allentown, PA 18105-4396 1-800-447-0084 - Fax 610-770-9342 August 1, 2002 Melissa Peel Greevy, Esq. 301 Market Street Lemoyne, Pennsylvania 17043-0109 RE: Marital Value of Edward L. Hawley's Defined Contribution Plan File # 04-30-02-309-1309DCT Dear Attorney Greevy: sTF`'o qGl, tjG ?Q0 Osa ?® y?9 Per your request, we have tracked the growth of the Marital Portion of Edward L. Hawley's Defined Contribution plan from October 1, 1995 to March 31, 2002. The value of the Marital Portion as of March 31, 2002 was $15,203.46. This figure was derived as follows: Total Account Value as of 12/31/98: $18,282.90 Value of Non-Marital Portion as of 12131/98: - 5.064.03 Value of Marital Portion as of 12/31/98: $13,218.87 Value of the Marital Portion as of 12/31/98: $13,218.87 Gains/losses from 12131/98 - 3/1/02: +11,984.59 Value of the Marital Portion as of 3/1/02: $15,203.46 The analysis is detailed on the enclosed Worksheets #1, #2, #3 and #4. If you have any questions or need additional information please call. Si ere , Kimberley ar son Pension Analyst "Valuators of Defined Pension Benefits for Equitable Distribution" H V d O M O M N O M {!. d 3 x A 3 9 W m n 0 0 G O pp I O ?? I m N ?Ipp M m N N f? N n {? t0 q ^ 1 m <Q N n n O) N Q d ? ^ n ? N ppp ? mm 0 mm N N Q CO N 01 N Yf n O) ? N n Q ?p 61 ? ? N r N p W Of mm M M Ol N N M p m a LL 2 OP N W w W K 0 ' ^ ^ v l ^ d VJ M N N Of a a (NIyy N M O N w N N MM O? t+l N 0 w w w w w w w w w N w w w w w M w ? y y C m E z W y y ? 0I ? M ? M ?Q 7? ? I? q de 3e M epp oQ 2e 13(eJ a o?° ?° a o e o o e N N N d - N q N .J ( 0 0 m l7 W 2 M 2 n m R m ? !D = N N E fV tV .- V N ? O ? G N G C C CY .= OO OO OO OO ? O c m Q E a 6 r m IO 8 0 1O N Oi m N m m n f0 m b r ^ N N n N C CI O N w 0) f? w f? w m f\ w O O] w r M 1? N ? N n d w ` Ol w "O C N n N ri N ri N ;% O J 4 of d C 1O vi 1? Ic A 01 Ip` B o ? Nw W w m (9 M w w ? w w " in in w f2 ? w m e 0 m It 0 O C ? N m oo Cl ?p f0 ?Ny m N N A i 0 m M M G O O N L N K r N N W O K N N K C ' O r O m a m O 0 t a O C; M t ?! f0 th O? '; O? g W N O G t?J D W. m W. I O N. . p W. I - w . - w w p w m w ' w w w w w w f` w m w t+1 w t9 w m w tMy w j C e 0 ? m o v ? y o V ? Z O . N- m (7 n N- . t N ?J CNl N N m m m m 0 M M C ? O W O N qp N I IO y IO N ONI { r d p p N Y O M q M IMp IMp IMO f N tyyJ l0 M -J ?.r V l t p 6 7 E IOO 19 O K Mw K W Mw W N K ? w O r O O aD M l O O O1 Nw U O 4 m w w w w w w w w w w ' U = f - C a O ° o V y M . M - M r A O) M n W N M b f ? M N N N .- n O N M n m W tM?J I`(t] n O m m W L W W I N t? M ^ N O m M 4) V 0D OI M Y) O) 1 eD I . D d N d w M N f M -? N O 1? cG N aC d 0 M M m O] .`+ C O IL I? V N I p r : N w N I Oi q l G : m M d M I M t m t N o in ci n O N N M N O N vi M m m C1 V O w w w w w w w w in w w w w w in NO N w N w N w N w N w m w ? ? C a P F , a O n 0 0 0 . ' ?- O \ O f ? m C 3 f? ? a f ? N N t L U D 0 0 rn 0 CO) N O O C9 O d LL T d 3 A 'O A 3 9 W d LL d 3 A 9 ?o W i i a ° N ?o ? ?3 ? C6 ` g h Z °? ? ? e D W 1? n N N H m m r ° r pc O CD m W O ? N N N n m O mm W { { r ?? W p p 19 y y W p p K pp K ?{ O 19 K y? z a W zz p Y n N h mm m Y O pp p mm LL t0 ' C N ? p O l aC 1. f V C mi O G N r ? p p ? p 2 7 O e ? o Q r 0 a aR ? e ap? ? ae ?e?yy amm? am? o o ;e e W S N a N N N m S S S fV N tV ci Y N O .- G vi `m Z G e o W 2 6 m t ° t W h m m ` a o a w . m m .- o m rn m c?+ m m m m h Z O ` Oi g at lV n 1? m r N m N N m r ri o Q O r r% m m m o .- N m m n m u? r 0 m 0 m C7 ~ V w w w w w w w cc Q ? W d 3 F V O CD O co Of O M N O 6 M v O d E T d 3 R S V 3 9 w n Cl N O O r n N ? 100 0 0 ¢ ¢ oi ? .' e v ? e o d e ' vi -C 0 iw w a %n w w w w w w w w IL A N N ? mm V N OAl ?y N n 0 10 ? 0 V ? O ' m N C Oi tG 1? ? 0 Y1 g w w `? rA w `? w ,y{ iA ? m'• f 2 7 O Q 0 0 o de bE a 3° 3° a 3° ? d° a e° r m m n u?i m m `? n l?o 1$ c a d oi ? o o o c d oi (V e y IL = m w m t O F m n u°i o o n n umi m lOO o L `o obi m m ' a 11`o m a u?i m o Q p cv M m .- m e o m n M m ? U ? Oi oi a d a a e e e e t7 y Q w w w w w in w w w in w w W a m L Q ? $ 8 g g o ? o o ° 4 q Y ? a ? R 1? a ? ? Q _ f? a ? 3 .a. Exhibit I o nud m Tollowln 35QQP03' ?.3 7`3 g pace --- SEND INGLIJHIES T0: KEMBA COLUMBUS CREDIT 1NION F 05 O OW317313 280-783172 12/01/98 12/31/98 1 > 170115061 SC EDWARD L HAWLPY NAANI A 104ILEY 3523 SE PTEMBEA OR APT 4 CAMP HILL PA 17011-5061 ti N 12/01 ID 00 PRIMARY SAVINGS Balance Forward 887.41 12/03 Depoalt-Thank You, at ATM 8001745 ODS.09 1692.50 12/03 ATM KCCls1AC2.3SO0 IRII E RD CNIPHILL M 12/03 D.M.1 -Thank You. At ATM 800/746 360.00 2052.50 12/03 ATM KryMAQ,3500 TRINDLE ID Ch9PHILL M 12/03 Deppett-Thank You. at ATM 8001747 20.00 2072.50 12/03 ATM KCCUNAC2.3S00 IMINDLE RD CAM'HILL M 12103 Hl the ramsl Audio Res orae transfer To Mare 80 1185.31- 887.19 12/04 Withdrawal at ATM 8002147 30.00- 857.19 12/04 ATM KCCLMAC2.3S00 IRINOLE ID CA9PHILL PA 12/08 12/07 Withdrawal Audio Response Transfer To Share 80 350.00- $07.19 12/17 Deposit-Thank You. At ATM 8004992 1290.04 1797.23 12/17 ATM KCMAC2.3500 111114E RD CAMPHILL M 12/10 ATM 12/17 l RO 10.00- 1787.23 1CI.3500 7 INCLLE RD CAPHILL ATM KCNU M 12/18 Dfpoal"Thank You, at ATM 8005146 1100.00 2687.23 12/16 ATM KCCMAC2.3500 TRINDLE ID CAEPMILL M 12/19 Withdrawal Audio Response Transfer To Aare 80 920.08- 1967.15 1221 12/20 Withdrawal Audio Res else Transfer To Man 80 114.77- 1221 Withdrawal at ATM 8005922 160.00 1092.38 1221 ATM KCOJKAC2.3500 7RIMDLE IV CAYPHILL M 1224 12/23 W/thdrral at ATM 0001846 71.50- 1620.85 1224 12/23 AIR ACO8UC2. 1 m0 WTNEL RD COLU4B18 ON 1224 12/23 Withdrawal at ATM AD00345 46.00- 1574.88 1224 12/23 ATM KCCUMAC2,5411 WTHELSAMILL COWRIE 0 1228 12/26 Vithdrral at ATM A901959 31.50- 1543.38 1226 12/26 ATM KCDEIAC2,1000 MTHEI. RD COLUNKS ON 1229 Withdrawal Audio Response Transfer TO Mare 50 143.25- 1400.13 12/31 Oepos/t-Thank You, Dividend DIVIDEND 2.90 1403.03 12/31 Antral Percentage Weld Earned 3.005 from 12/01/98 through 12/31/00 12/31 Ending Balatce 1403.03 D lvidads hid leer to Dare 35.85 • • ATM Withdraw, ?is •/aount oac?lptlm 12/04 30.00 Withdrawal at ATM 12/15 10.00 Withdrawal at ATM 1221 160.00 Withdrawal at ATM 6 ATM Withdrawals W Other Charges for 1-1 • ATM Deposl Date • • Amount: Description 12103 905.09 Depo Mt-Thank You. at 12/03 360.00 Deposit-Thank You, at 12/03 20.00 Dsppsit-Think You, at S ATM Deposita or Other Credi is for 3. ..................................w 12/07 it or ls and Other Charges .................... Date Amount Dovartptim 12/24 71.50 Withdrawal at ATM 12/24 46.00 Vithd rose I. at ATM 12/28 31.50 Withdrawal At ATM 349.00 r•suru• L and Other Credits .••......... Do to Amount Description AT 12/17 1290.04 De Toe It-Thaik sou, at AT AT 12/18 1100.00DOWSit-Thank You, at AT 575.13 ................. ..................e.... 5.00 ,. 8001438 350.00 355.00.' hD CAMPHILL M Moores Transfer From Share 00 1153.31 1840.]1 20 550.00- 1199J1 -:. Transfer From Share 00 3OD600 31 73 7 3 5.56 SEND INOJIRIES TOn KEMSA COLLPOUS CREDIT WtON G 05 000D317313 2 00-7 6-51 72 12101/93 12/31/96 2 12/09 DoWslt-Than4 YOU, at ATM 0003075 12/09 ATM KCCVIAC2, RA 41.00 567.45 12/11 Draft 002010 Tracer 1605193D 12111 Draft W2099 TraCer 16032735 40.25- 547.22 12/14 DeOOrtt-Thank You at ATM W04296 95.72- 451.50 12114 . ATM KC0.NAC2. M 119,25 050.75 12A4 12/14 Draft 002099 Trac or 07021160 Draft 002011 Tracer 14009640 140. DO- 702.75 12/15 Draft 002006 Tracer 151546H 254,20- 440,47 1122/121 9 72/20 DDsOOa/t-Thank YOU. Audi, imponse transfer From Ohrs 00 Transfer from Shar OD 43.{5- 920.00 11 405.02 1315.10 1221 Draft 2012 e Draft 002012 047105 . 4.77 14 9.11.z. 1223 12/ 22 Draft W2016 Tracer iLI32225 399. D0- 1040.07 1223 72/22 Draft 002015 Tracer 07051965 24.36- 1016.51 1224 Draft 002010 Tracer 14MS175 27.22- 909.19 1224 Draft 002017 Trot r 14015181) 45.06- 943.43 1220 Draft W201G T re, : 60.91- 07{.52 1229 12/31 Depos7t-Thank You, Audio Response Transfer iron Share 00 140.00- 143 25 726.52 069 77 Enetno On lance Oleldenes Yale Year to Date . 0.00 . 069.77 ..... Nuloor ...................... Drafts Clea•e0 .............. Mount Nnab ...... ........ 002004 er Asp not number "chant Nu aver 350.00 002000 253.06 002012 399 00 002017 Aepunt 002005 002006 . 760.00 002009 95.72 202014• 740.00 002010 43 45 002010 45,06 002007 . 40.23 OD2D15 27.22 140.00 002011 254.20 002016 24.36 Nte rLk neat to rnuMbar iM lut.9 skip in number sa9unce 1 4 Ora ft : Cleaned for 2,630.09 • ATMDeposfo and Other Credits...................... ? Data 12/01 ?urt Dwerl t7m p Date Mount %wrlption 350.00 D4poalt-Thank Y AT 1 12/09 ou, at 2/14 399.25 Deposit-T 41.00 Deposit-Thank You, •t Al hank YOU. at AT : ATM Deposits or Other Credits for 790.2S • «e• e • •.•.•.«••«•.«..«. ..••«.•«•.• «TOUI•DI YimL ne Ysie • • a Year ee Dste 35 .05 Exhibit J /\ +360.{rP04 7 73 73 K 25 SEND JAIWIRIES TOt KEMBA COLUMBUS CREDIT WION > 1 701 7 506 110 35 3S 523SEP MOIR APT i COAP NI LL PA 17011-5%1 0000417313 290-7871 72 12 /Ot / 99 12/31/99 1 12/01 ID 00 PRIMARY SAVINGS eelanCa forward 12/31 DePoaft-Thank YPU, Dividend DIVIDEND 72/31 Arwlta4 P ear2pnt8pe Yield Earned 4.117 5.04 Endl np e8/188 Troll 12/07/90 5.86 1 D /vl0etda Paid Year to Data threuph T2/3 «.a..«••«..«..«..«.•«..«.. 2/01 ID 110 RL0013 oaL08anTp Mar.rd O.K S.i6 12/08 Draft n «•.«..«.. 12/11 «•.«..«..«•.«.. «•.«..«..«..• 1 2 11 Draft raft 001309 T c 14722675 racer v 1517096 529.58 12/17 ATM Kcaral at ATM /007507 50S .O{- 24.54 12/18 DQPOsit-T .MUMMIIlUAi MAIN 6.160_ 11.18 12/21 TV E, rew. NO LONANE cOtp OR G PA 113- 6.68 1221 IflthdrW41; at SATM DATAt NCe- A/P ACH 2043.84 2050.52 72x21 ATM KCOa1AQ.3300 080011 MOLE f4 12/21 Draft OD1311 Tracer 14106955 CAPHILL M4 110.00- 1970.52 72124 12/23 Yfthdraw?ll3t 7ATN r 14 6875 7224 12/23 ATM KCQRIA 11044 0,OODD- 192!.87 1224 12/23 ATM rral at ATM ?TMB.SAWILL COLUmsW O ".OD- 759.1 1224 12/23 ATM KCglIAQ '54 11 ia00'7fB 1224 12 7 M0SAWILL COLLMe16 O 86.OD /23 Withdrral at ATM 8000352 - 1224 C1AAQ.5N1 ?TNGSAWILL COLlal&Z O 627.07 1 2/24 10 Tracer 00073355 46.00- 12/3 Draft DDraft raft 0013 001312 Tracer 09097790 164 54- 12/3T T YF•f?IMgIR SEA NOLOPNAME COtPOR _ 461.3! DATA, NCB- A/P ACH 35000 13.33 E ntllnp ea 18/188 111.40 194.73 D 1vltlerda Paf d Year to Date • Ntra 19<.73 Oe08 •5 A@wu 04 001570 ••....?pP?t& Cleared .. 0.00 O 1yt er ...•...t•r•.w ?••?..?u. 001309 6 36 001377 164,34 007312 3M0OM00 NuaWr • r•• • •_ea._. for _ . _ 2 _ . .59 44.65 001313 Data ATM 101 t 7100.00 12/11 AI1D{al[ Deec "'Pt 'm htlrarla end Other ChrOn • ••__ 7221 CO OD YfthdraraL at ATM Data Aaaunt DaKr lptt en 1224 66.00 Yfthdreral at ATM 12/24 a6.00 WI thdr _••_••• 5 ATM Wthdrarala Y7tAtlnrat at ATM 12/K 46.00 Vlgtlrr?l At ATM ..«.• •«...w. T.a.. Paid s w.reeDato.«.•....«..««•.«..«.•«..• «Ta4l Dfvldtnde Paid Yqr tP Date ..«n.«.. 0.24 Exhibit K Kelley Blue Book Used Car V-rues _ Page 1 of 2 KeUW Bloc Hook The Trusted Resource Blue Book Joust !eJutrh tbbmm Enter your email to yet the latest New Pricing Car Build a Car r Blue Book Trade-In Report Build a ? Incentives Ohio • September 18, 2003 Quality Ratings ownership Cost My Car's Value Used car ketall 1996 Chrysler Cirrus Sedan 4D Free Price Quote Buy a Used Car Sell Your Car Motorcycles Le Sig Buy a_New Car c?ir:vsl Buy a Used Car ;,,: c s List Your Car For Sale Online Free Lemon Check Financing; Insurance, Auto. Loans from 3.69%. APR " Lemon Check ; Insurance Quote Warranties Warranty Quote Car Reviews i Payment Calculator Car Previews Decision GWtles; 5211 our Cam On eB_ MOtors Advice Engine: V6 2.5 Liter - Trans: Automatic Free Newsletter Drive: Front Wheel Drive About kbb Mileage: 172,981 Home Equipment LXi Power Windows AM/FM Stereo Air Conditioning Power Door Locks Dual Front Air Bags Power Steering Cruise Control ASS (4-Wheel) Consumer Rated Condition: Fair "Fair" condition means that the vehicle probably has some mechanical or cosmetic defects, but is still in safe running condition. The paint, body and/or interior need work to be performed by a professional in order to be sold. The tires need to be replaced. There may be some repairable rust damage. The value of cars in this category may vary widely. A clean title history is assumed. Even after significant reconditioning this vehicle may not qualify for the Blue Book Suggested Retail value. Trade-In Value $1,265 Trade-in value represents what you might expect to receive from a dealer for this consumer owned vehicle. Keep in mind that the dealer must then absorb the cost of making the vehicle ready for sale, advertising, sales commissions, arranging financing and insurance and standing behind the vehicle for any mechanical or safety problems. Get the latest Blue Book,a,»,•. ar Wurh littp://www.kbb.com/kb/ki.dll/kw.kc.ur?kbb.OH;513456;OH057&45431;sed+t;&39;Chrysle... 09/18/03 Kelley Blue Book Used Car Values Page 2 of 2 Get a Private Party Value Get Invoice B-115-IRR.Qn.Nely. Cars IC Copyright © 2003 by Kelley Blue Book Co., All Rights Reserved. Sep-Oct 2003 Edition. The specific Information required to determine the value for this particular vehicle was supplied by the person generating this report. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction. This report Is Intended for the Individual use of the person generating this report only and shall not be sold or transmitted to another party. Kelley Blue Book assumes no responsibility for errors or omisslons.(v.03091) http://www.kbb.com/kb/ki.d117cw.kc.ur?kbb.OH;513456;OH057&45431;sed+t;&39;Chrysle... 09/18/03 Exhibit L ? us REFERENCE CAROI iRANS1CRONS nvNA-R rvFE AUGUST 1888 STATEMENT OB/OS 7327 VS DIAMOND CE uAR82100015 COLUMBUS OH n c"""CEs TOTAL 920,00 $520.00 b? ? o IMPORTANT NEWS COLLEGE-AGE SON OR DAUGHTER? NOW IS THE PERFECT TIME TO ESTABLISH A SOUND CREDIT HISTORY, AND WHO BETTER TO BUILD IT WITH THAN A COMPANY YOU KNOW AND TRUST - MBNAI HAVE YOUR SON OR DAUGHTER CALL TO APPLY FOR THE MBNA STUDENT MASTERCARD. DIAL (800) 847-7378 AND MENTION THE PRIORITY CODE SKTC. PLEASE NOTE: IF THE ONLY TRANSACTION ON YOUR ACCOUNT IS A PAYMENT WHICH BRINGS YOUR ACCOUNT BALANCE TO ZERO, YOU WILL NOT RECEIVE A BILLING STATEMENT FOR THAT MONTH. MM7MUMPAYMENTDUE FINANCE PepDw Ama+q ................... $0.00 Ow" Parw ................. $15.00 .. Prk•c Rea ...... M*nw PeM•NOw .............. $15.00 CnRePMft AMXW ATYOUR SERVICEEVER YHOUR EVER YDAY 9 ete , • Fm eulanleted Mametlat N9adLlp yv. EeMnre,NarlmD Wn w5w e0ro FNatc•CMrg...... _PURCHASES CASH ADVANCES .049041% DLY• .018904% DLV+ 17.00% os.9oX $0.00 $o. DO DI. ConnBCl'1.-----8 ..' Pease 01 MaNNS FDR MASBAUAYiPEgIDG • T0sP09ID0N0(4ur Cu*mw SatL4,o'on ANNUAL PERCEMAGE RATE 17.90% raptelenom,01NIC0421.2110. =OaRm "wvC4M 091114W,146-3178 lortln DaaQ assufArkePare nu4 ylYp You wa?i'M lly lpm M4ldM " PerlOdle Rate May Vary MBNAAMERICA, P.O. BOX 15026, WILMINGTON OE 19950 ww'mw Reym•n?b: MBNA America 9aLN0 IGMSAREPRESERWDONLYSYWRlrrENINONIRY P.O. BOX 15019 PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. Wr1minGton, OE 19886-5400 PIMOw Stleae......... PeMWll BMCa4RS..... == + CAM A4saiae.......... + FINANCE CHARGES.... + Ala,BaWw TDMI...... $0.00 $0.00 $520.00 $0.00 $0.00 $520.00 4313 0288 0000 0551 1970 036 25N 1001 02 PAGE 1 OF 1 $.Do I$: i I i 1 1 I ? r I I.i e? F YRAARACRQN REFE&WE COD rrcwsACroN.A SEPTEMBER 1998 STATEMENT oMQES CREGFS 0068 VS PAYMENT - .,TANK YOU 50.00 09/02 2009 VS DIAMOND CELLARS2100015 COLUMBUS OH 1.620.91 09/05 2045 VS LARRIMOR'S PITTSBURGH PA 115,00 TOTAL $1.935.91 $50.00 ' DG?? ?, pp V LL ;. IMPORTANT WANT TO GET CASH FAST? CREDIT CARD ACCESS CHECKS CAN TURN YOUR CREDIT LINE NEWS INTO A PERSONAL CHECKING ACCOUNT. AND, WITH A PERSONAL IDENTIFICATION NUMBER (PIN) YOU CAN GET CASH FAST, 24 HOURS A DAY, AT OVER 200,000 ATMS WORLDWIDE. CALL NOW TO ORDER YOUR SUPPLY OF PERSONALIZED ACCESS CHECKS AND YOUR PIN. MAYIMUMPAYMENTOUE E0.00 Pad Oia AmouA ................... Comm Peymsm ................... $48 .00 LBd .00 mum Pgmam DA .............. $48 AT YOUR SERVICEEVERYHOUR, EVERYDAY •. For auronated kdormadml repardyp your balance, the date and Mnowd of your lavl ppeeyy?mron current payment due, payment addreu and mNIe01e mdh*m call MBNA's Oaecl CarWG"'140MR62558. Tospeak0odneotmrCuatarerSalWscem representW1vet cWI 1•BW421.2110. • Fm TDDrralamrmmmiwamn nwAw W to moan Zad<anm RNANCECHARGES CHEDULE PURCHASES CASH ADVANCES .049041%, DLY• .019904% DLY* Parodic Am Cameapw*IgAmuW 17.90% 06.90% PNOM1 pRRW...... Sale Subjm To $924.56 $0.00 Fbwn CAape....... F0R7H185WN0PVW 17.90% ANNUAL PERCENTAGE RATE (Bono JwpeaactWpm M aWemolwj 1400,3463173. • Periodic Rate May Vary bp,puW„u„Pma/amm Mpb: q,,,, mq R,?,m, p, MBNA America 7i/C4. P.O. BOX 15025, WILMINGTON, DE 19850 P.O. Box 15019 TS AREPRESERVED CNLY BY WRITTEN INQUIRY Wilmington, DE 19866-5406 SEE REVERSE SIDE FOR IMPORTANT INFORMATION. PnNMW Balanm......... $520.00 . PaynanW end CNob..... - $50.00 ApwdwaaM + $1.935.91 A4 W WWWW ............. Ceh Atlvaa•e .......... + $0.00 FINANCE CHARGES.... + $14.06 NawBWnce TOW $2,419.97 ...... 4313 0288 0000 0551 1380 02P iJO 0308 09 PAGE 1 OF 1 Exhibit M ervk call Fint USA: 1.800.955.9900 ?. - ??ef?B.S!?., r9if 38?3?d 9t6f?ACOOUNTNUMBER QeDI?T 13940 QBDI7?ilNeTCn A WLE Af?? ET1011 AV A1 ' MRIrdR a CRT p F VA 7 H ? M 4117111819250294 10,500 3,150 1,500 1,947 01109199 12/15198 CARDMEMBERACTIVITY SUMMARY TRANS, POSE. RFSER@1CBNUNBe0. MERCRANFNAMEORTRAN8ACnONDPSWPnON AMOUNT OAR OATS 11/19 11/19 243990ONLAQ13YDIN GIVE GARDEN 00014712 MECHANICSBURG PA 46.03 11119 11/19 2461044NL11SPY470 USPS 4134870011 CAMP HILL PA T 21.50 1123 11,75 2430172NVWGNSED31 GINGERBREAD MAN RIVERSIDE WORMLEYSBURG PA 1 42.01 1128 110 241S802NXNGRBS3Z3 INN EAGLES77CK ZANESVILLE OH 33.86 12110 12/10 7441712P9SA97LZEB PAYMENT-THANK YOU 2S4.29CR IV12 12112 2430172PB21S126ZE GIANT 8110 CAMPHILL PA 19.07 12/15 12113 LATE FEE 33.00 12115 12/15 PERIODIC RATE 'FINANCE CHARGE. 193.65 PREVIOUS BALANCE ?rURcnA6n4.FEBs 9CASNADVANCES 4FINANCECHARGES •eAVM19r1s AND New eAlANCn ANDADR9SIMW" .w.,. 197 .47 0.00 193.65 154.22 t,lf9.fl CARDMEMBERNEWS USE THE ATTACILDD CONVENIENCE CHECK TO ACCESS YOUR CREDIT CARD ACCOUNT. YOU CAN TRANSFER A BALANCE FROM ANOTHER ACCOUNT OR USE THE CONVENIENCE CHECK TO MAKE A PURCHASE WHEN CREDIT CARDS ARE NOT ACCEPTED. FOR ADDITIONAL CONVENIENCE CHECKS PLEASE CONTACT CARDMEMBER SERVICES. 1191 ?0?' 0 6 QA's Vr arya. nn LnV 9AAA9[ A" ANTA RA inT7a AVERAGE DAILY BALANCE CORRESPONDING EXIODIC PdANCE L ANCE FIN CHARGE SUMMARY CURRkV1 CYCLE .11- CYCLE PPAIOdC RATE ANNUA PESCENrAOEMTE CHARGE Puaau9PS 776.26 6 0.00 .07394% 26.99'/. 16033 C SH , 40832 1 0.00 .07394% 26.WA 3332 A , ANNUAL PERCENTAGE RATE 29390/6 TOTALPEUOdC FINANCE CHARGE 193.65 .- 17 ? vvas a.w..o5 ..w.. Snd.walm"Itu:FOMUSAB"NA P.O.Boa9650.W11.Jspo DE191994690 Am }O.f Advm Oed1111ne n Aprlpeofyoor Mal oed11119e, M=W FDIC See reverse 51de for important Information Including notice about Bond renewA 9690 FND 1 10 7 Page I Of 2 1166 2000 0615 =0 991315 01BG5630 361521 t i Exhibit N ii MARNIA HAWLEY 162 LOGAN RU APT 31) DILLSBURO PA 17019 7503 19- 68.6771310 501 004, ,8887 Erpirw April 30, 1999 Ora rnor1C 1dIARNIit lIAlVLEY $200.00 Two Hundred and 00/100 Dollars CapltalOne' ACCESS CHECK* RlchWOnd, VA •Plsmuee important information on reverse. Nlemo Cunume/s Sipaatme lCrapitalotle Account Summa I:OSLO064481:7LOi446LO214211' 7503 Previous Balance $871.00 Payments, Credits and Adjustments $750.00 Transactions $193.34 Finana Charges $11.95 New Balance $326.29 Minimum Amount Due $10.00 Payment Due Date February 10, 1999 Total Credit Line $1,500 Total Available Credit $1,173.71 Credit Lisle for Cash $1,500 Available Credit for Cub $1,173.71 Atyoarreroice To dl Customer Relations or to upon a lost or nolen cerd: 1-800-163-1493 Send payments to: Send inqubin to: Cs itsl One Serviets T Capitd One Servim P. Box 85147 P.O. B. 85015 Richmond. VA 3328S-5147: Richmond, VA 31135-SOIS Important Account Information IMPORTANT ACCOUNT INFORMATION: Ifyou have a credit card account, Pleats we the paragr bs'Dnily Periodic Rate' and 'Additional Inlormation Regardingq Closing Your Account' on the back of this natement. These paragraphs do not apply to installment loans. ANNUAL PERCENTAGE RATE applied this period 19.73% 23615 ? PLEASE. RFTIIRN PORTION RFI.OW WITH PAYMENT V PURCHASES 8714.11 .05•1%F 19.73% 81119S CASH f.oo .OS4%F 19.73% 8.00 Exhibit 0 Gaol Iva I .7r 71/h ELCLIE000008 CLICO o tlo'snewmoo Se KC XOS 0'd 1S OtlOtlB'3 wat tt3/uuyuagway o3 nMUaslorwroul BWlr..roy ''. 8069.9ZLSL Vd •AHV8811 &9t-CE8-Zlb 'Hd 3Ntll HONVW sa8inoS ZOob A31MVH T INUM 9 6 9 j o/rz/sstt-sz A31MVH '1 UVMd3 .0 wul neuJno3o rv3 - _ _.I 3.19V110`J3N//lON 9E.1t 311EZE&1£000009 :19556&0.1`12:1 E C ZC6 ONO G"n0? ! ' Sen %Oe'Od O3 O f /; '1S OtlOtle'3e6L6 V e a y l s '? u tl HUrpm NrISUagwryyaaaavKlor?uv [i'6I 33N 3JNVIVB l ? ? / ,'/ 90 / 1/ I r I SIHI ClE[t0000008 a ed // tlI0/b?/ ? 0009-63LSL tld'Atltltl911 6G91-EE9-Z lb 'Hd 'Hd 3NYI tlONtlW S3tlInOS 2006 O//z/SSIL-SZ A31MVH'V INHVW 8 E T A31MVH '1 ciumb3 ? i W311 3191LJnd3o %Yl E f7 F C'7 N f2 IvY C'4 W u ? lT t z p o S V_ 2 ? mQ ?i ?r u ? O O z S rAqq \^? • OY ? tt cc a Zz? 'Z •- ?aoa 0=¢ Ca00 m a? W IIII?III fill m .a m a { m O O ? 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J W>. 3 O ??Pd m? ?:J $aw ,? i? 8 O Q3aR'iC O v e ca :r,z- a -? o.- J 5 Q?S¢ 5 X i LO ¢Z2>\' ?- k Q'O I 3ar? - , mom Lri 3a?< m;<m r, W?wm / dmJ .i in G mm ?. 'ya woi y m? n ¢ ; ? :C-'oo [? Wow ? ! $ l i4 ? a W _____. E:J ? J m . , 1 _ W J a F I; - Cf) m m Q o .i ., F i O o \ ?` o o a O O - ?a I Z O A ?\ Z LI1 w \ - La dt n M :I -O ari rm H 1 a I'm rn a I'm O W 0O'. O O J ? 0 C Sz ? 0 m ?? J g _a¢a \` i O yy h 6n zz> 3a-,? ?J _m s$ o mm m m p W 12. Rog Ln . cl- g ,?l UI IIU ??? a ru - 3 j.'1 !1 ru r r O a a E31 Ln I? 0 0 O 0 O W r a W ? ll? W 9 r En W O z O m 0 s m r m L I 1 I ? f S g 1 m Lo 19 ull ii m mxm No € O= o i 1.5 iF = QC? O m 'S m D D 7 ? TS? s gsrf 84; ? N < II 1 C ? V 1 b b ? m ED Eq N S Eq >- x g >> l L? o r C II. cn - ' CA) o' ,I D a ¢ ti J 0 o 0. fSZZS \ 0 y B ??y 3a?? L` s mxm o? w 1p?wm 3 m° C 7 ? I m 4 ? ct LU 1 B J e m Q 0 w O z La l En a M Irm N -11 177 O O O O 0 to 5 Ln Ln o- El- 0 s l - a v r r 0 a Ln D3 O 0 0 O 0 W a W W BEE r UI O a O -8 2. m; 0 0 a m r m ?\ 4 o DO mxm E D m M. r. a0 \? M>m _ r<z za.1 O y ZNN NC 1 D9aO L? ° y I; J v` ? ?m== 8 ? L? i Cf? t Rx E d, ` W ' o 3 c? 0 m I EDWARD L. HAWLEY MARNI A. HAWLEY 4002 SQUIRES MANOR LANE PH. 412.833.1679 LIBRARY, PA 15129-8408 //vo /ylo?c?7i<f / l r? 1)4m1 )'//01, `-`>'-`CIIIiISLd ?u4i. al SerlACUroMemEenSrcr ISVJ 4220 E. BROAD ST P.O. BOX 13145 f COLUMBUS. OHIO COLUMHIO 49219 TAX DEDUCTIBLE ITEM 25-7755/240 1588 80000031731133 /L, BAR. fON'D A THIS l Of. 9 PAYMENT 000111 ddd OTHER 1: 2440775561: 80000031731311' 1588 NOT T-NVGOTIABLE IAI DIDUCTIRU ITEM I ? 25-7755/2440 EDWARD L. HAWLEY e0oo003n31a 1624 - MARNI A. HAWLEY 4002 SQUIRES MANOR LANE PH. 412.8334679 I LIBRARY, PA 151298406 / /nail i Eni:l e ... "FIT BALANCL? Hw0 Arrv?re la.llemlvn Ano- lJil .m?>r?na?r.c 4220E E BROAD DFOAO 2T rnR'D PO ED) . 13145 ?>aFnavnaFiaw•naFnR. AaFrnIF .Fr:F i ? ?;nN °n? n a o' Exhibit P ® !"`^aM?m?@?t Bank CO JWJW/WER -CLOSED END MOTOR VEHICLE LEASE .T>r?N Lease Date: I I Business, Commercial or Agricultural Purposes Lease Lessor Name and Business Address Lessee(s) Name(s) and Residence Addressles) C 6714/20. CARLISLE PIKE 523 SEPTEMBER DR AP 3523 SEPTEMBER OR AP MECHANICSBUR6, PA 17055 HP HILL PA 17011 CAMP HILL. PA 17011 Coonly .. You are the Lessee(s) named above. We are the Lessor named above. We intend to assign this Lease Agreement (the 'Lease') to the Assignee named below. Prior to the assignment, any reference in this Lease to *we," 'us' or to 'Lessor- shall mean the Lessor named above. However, under the Federal Consumer Leasing Act both we and the Assignee named below are considered'Lessom' Except for this required disclosure, the Assignee will have no rights or obligations as a Lessor on this Lease until it is assigned. Then, any reference to'we,"us' onto 'Lessor' shalt mean the Assignee. Each of you who signs the Lease's individually liable to us for all Lease obligations. You are leasing the Vehicle described below ('the Vehicle') from us. You agree to pay all amounts due under the Lease and fulfill all your obligations under the Lease. You intend to use the Vehicle primarily for personal, family or household purposes unless the 'Business, Commercial or Agricultural Purpose Lease' box above is checked. In this Lease, "a' means an estimate. Used ( ) Demo ( ) 99 SUBARU :quipped With: Amount Due at Lease Signing or Delivery (Itemized below)' g 5526.40 LE6ACYI 4 I SW i , ?_?rtU del Prior Credit or Lease Balance - E Monthly Payments 249.90 Your fist monlhlypayye Y S _.?. is due an V/ UGT followed byppaymef)S,pI g Loy due on the brtl of each month.IIf?a ofgdl o((yyppur monthly payments ist 89?b•4U 4S3BK4357X7305224 N/A (If less than zero, Other Charges (Not part of your monthly payment) Disposition fee (II you do not purchase the Vehicle) s 250.00 $ Total . .$ ? 1 uoometer Mileage 102 ¢e=3 ' zero) Total of Payments (The amount you will have paid by the end of the Lease) ;i E 14521 90 i. r ::.. . . . .., ... 'Itemization of Amount Due at Lease Signing or DeliyeryA Capitalized .,. ... ..•. Amount due at Lease signing or delivery: Refundable Security Deposit +{_' fft?// How the amountdue at Lease signing or delivery :`. Cast Reduction g 4893.00 Ttle Fees +g will be paid: Sales Tax on Cash Daympayment +$ Registratia +S '? Net trade-in allowance* .• 4293. sales/Use tad +; AftRY/TIRE -50 00 E =j Optional MBP +g?7? +S Rebate and non-cash credits +E T t?„-• r' +E ;- / paid in +E First Monthly Payment +$ cash 2 `paid Rental Payment - +EN7W Total =g 6 .40.?? . Total =E 5625, Your Monthly Payment is Determined as shown below: Gross capitalized cost. The a r eed upon value of the 22873 0 Rent charge. The amount charged in addition to the . Vehicle 1E and ) an yitemsyou pay over depreciation and any amortized amounts- +$ 9735.36 the Lease term (such as service contracts, insurance, and any outstanding prior credit or lease balance)' - S . 22873.00 - Total of base monthly payments. The depreciation and ti d 8253 67 ' Capitalized cost reduction. The amount of any net trade-in any amor ze amounts plus the rent charge = g . allowance, rebate, non cash credit, or cash you pay that 4893 00 Lease term. The number of months in your Lease - 36 reduces the gross capilaiized cost -g . i Adjusted capitalized cost. The amount used in 17960 00 Base Monthly Payment = $ 229 •27 calculating your base monthly payment = S . Residual Value. The value of the Vehicle at the end of 13461 69 + H/A ) the Lease used in calculating your base monthly payment -g . Depreciation and any amortized amounts. The amount Monthly sales/use tax + S 20.6 a charged for the Vehicle's decline in value through normal a e a n , r .249.9 year, the excess mileage penalty will be $ r- • a I,' per excess mile. III spaces are left blank, lot mileage in excess of 1,000 milesrmorim, you will oe cnargeu a .zs per mile.a . • and a purchase option fee of Purchase Opti ataLE?d of Least Term. You have the r to purchase the Vehicle at the end of the Lease term for $ 13461.69 S VIA! kk The purchase option price does not include official fees such as those for taxes, tags, ucense and registration. Other Important Terms. See. your Lease documents for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and defauj(;i charges, insurance, and any security interest, if applicable. Agreed upon value of the Sales Tax Mechanic( Vehicle 2673.00 (Including Luxury TVA Protection $ $ / s_ N/A I $ Warranty Prior Credit or Lease Balance Other N/A N/A $ $_ O- 1 fficial Fees and Taxes. The total amount you will pay for official and license fees, registration, title and taxes over the term of your&75, "har Included with your monthly payments or assessed otherwise: $ _ e Warranties. The Vehicle is subject to the following express warranties: If the Vehicle is new, the Vehicle is subject to the manufacturees standard new car warranty. I I It this box is checked, the Vehicle is subject to the following express warranty or guarantee: 11 the Vehicle is not new, and no warranty is identified in the previous sentence, there is no express warranty on the Vehicle. Unless prohibited by law, the following two sentences apply. YOU ARE LEASING THE VEHICLE 'AS IS' WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. If we make a written warranty covering the Vehicle or, within 90 days of the Lease Dale we extend a service contract covering the Vehicle, this disclaimer will be modified only to the extent of those specific warranties. Late Payments. The charge for late payments is:7%of the base monthly payment.for'any payment not received within 10 days of the date it is due. No late charge will be assessed or collected when, the only delinquency is late charges assessed on an earlier delinquency. Disposition fee (SP? Jiyturn of the Vehicle' an the other side of this Lease) ' 4al $ Early Termination Purchase Option Fee (See 'Option to Purchase `Vehicle Upon'Eirly Termination' on the other side of this Lease): Faual to one total monthly payment." Early Termination Fee (See 'Terms Concerning Early Termination of the Lease" on the other side of this Lease): Foual to one total monthly payment. •;,iiz4j5:. Physical Damage and Liability Ipffe b tref,Dw I nce that is required for this Lease (see "Insuranj?' fi'rtijyf this Lease.) - INSURANCE COMPANY -55 111 485 HAN T ifl? DPOAI? NAME OF AGENT/ADDRESS IIRST WE s 85 Ali - ?' . ONE X You are not required to buy any optional products and services to enter into the Lease. The term of any product or service will be the Lease term, unless a different term is shown to the right If you decide you want to buy an optional product or service, review the terms of the contract which describes the product or service before you initial to the right. A completed copy of the contract will be given to you as soon as practicable. By Initialing to the right, you indicate that you want to buy the optional products and services indicated. If the cost shown is not shown as part of the Itemization of Amount Duff at Leese signing above, it has been added, to the Gross Capitalized Cost (see above). Optional Mechanical Breakdown Protection ('MBP') Term Lessee's Initials Coverage Optional Service Contract Term or Extended Warranty Term Lessee's Initials Coverage . . .NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE-UNLESS AN THE VEHICLE: DO NOT SIGN THIS LEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT COI ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT.' BY So RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT..,F . '. Signature ;x Lessee Signature /16 N ' Z"" /prr'/`' c.r. i Tint Lessee Name MI•^ A. - HANLEY Type/Print Lessee Name ,.. ,EDWARD . .; HAHLE The Lessor's authorized signature indicates the Lessor has accepted the terms, conditions and obligations of the Lease and that the Lessor agrees to the'Lessor's Assignmenr provision, on the other side of this Lease. °? Lessor Name:.. By: .. .: . ,:... Assignee Name: ' Dauphin Deposit Bank and Trust Ccmpany Type/P(int Name: -" ` 3607 Derry Street, Nrrisburg, Pennsylvania 17111 Type/Print Title: -•••• -' ° IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE, WE MAY.RETAKE THE VEHICLE 'rw.;.. LEASE GUARANTY I Ithe Guarantor(s) signing below) understand that the Lessor and Lessee named above have entered into a vehicle lease agreement ('Ihe Lease') dated as of the date above t hereby. unconditionally guarantee full and bmely payment when due of all rentals and other payments and the full performance by Lessee of all promises, terms and conditions of the Lease (collectively the *Liabilities"). If an event of default occurs under the Lease, I shall pay immediately any amounts due from the Lessee or take any action required of the Lessee under the Lease. My liability under this Guaranty is primary and will not be affected by any settlement, extension, renewal or modification of the Lease or by the discharge or release of the Lessee's obligations, whether or not by operation of law. I waive all damages, presentments, and demands and notices of every kind and nature. I agree to pay all expenses (including attorneys' fees and legal expenses) you pay or incur in trying to collect all or any part of the Liabilities, and in enforcing this Guaranty. This Guaranty is an absolute, continuing and unconditional guaranty. After assignment of the Lease, this Guaranty may be modified or terminated only with the assignee's prior written consent. Any parts of this Guaranty which conflict with any stalpte,.tule .: or low, shall be deemed null and void to the extent of such conflict, but without affecting the rest of this Guaranty . If more than one party signs this Guaranty, each is jointly and severally,., obligated. Each signer on behalf of any corporate guarantor warrants that he had authority to sign on behalf of such corporation and by so signing, to bind the corporate guarantor;pnder t; this Guaranty, Signed in the presence of. 10/07/99 ISEALI - -ISEAq • i .a, lla Exhibit Q ?nalftevenue Service 2002 :ome Tax Return I „-. . _. Label r n a! ogs. oromer tax v------l-- (See Instructions onpage2l.) EDWARD L HAWLEY UsethelRS 2316 MALLARD LANE APT. 3 label. I EEAVERCREEK, OH 45431 Otherwise. please print ortype. Proeldentlal Election Campaign III, Note. Checking 'Yes will not change your tax or reduce frourrefund. Yoursoclal security number 280-78-5172 Spouse's social security number A Important! A You must enter Your SSN(s) above. You Spouse Filing Status 1 X Single sue- 'WP'f ;' ? llea0household(with qualifying person). It the qualifying z : 2 Married filing jointly (g'van ifonlyona ? datl lncort}gj } . .. vet->!enis eCh old but not your depend eni, ether this cmta's name nark Check only 3 . ? Married filing separat y?'-Ente uses SStu,&ve ? nePu one box. and full name below. - 5 Zuallfying widow(er) with dependent child (year ? spousedied ? ), (See oaoe,21.) Exemptions 6a X Yourself.lfyourparent(orsomeone else) can claim you asa dependenton hisorhertax No Of boxes return, do not check box 6a cn and 6 on Check d 1 b $ use . No. or children If more than five dependents, seepage22. Income c Dependents: 1 Firstname Last name (2)Dependents social security numbs (32ependenl's relationship to 4 actual ch lld m, nMl71Pd. jam.. ¢6'.. ?i tl?1 R s . F j0 n ^a??' .'OZ HY?: del. 7 Wages, salaries, Ups, etc. Attach Form(s) W- 2 Be Taxable Interest. Attach Schedule B If required b Tax-exempt Interest Do not include online Be . . . . . Bb Attach Forms W-2and 9 Ordinary dividends. Attach Schedule B if required . . , . . . . . . . . . W-2G hare. 10 Taxable refunds, ,wor oNsefsp> ?.te and local income tazesgseep ?peY?) Alsoattach For m(s) 1099- R , 11 Allmonyreceive _ r}wr ;4, {, 4, * ?.1 at.': t . If tax was 12 Businessinoo F(loss)ptta Schedl?eorC E2< 'fir. . ytt '1• , withheld. , 13 Capital gain or )If It•'D a ul ewQycheck here ar?,4, ? k on, ; ,?,y P. 14 OthergaInsor If you did not 15a IRAdistribu8ons . . . . 15a bTaxable amt , . . . . . gets W-2, 16a Pensions and annuities . 18a bTaxable amt . . . . . . see page 23. 17 Rental real estate, royalties, partnerships, Scorporations, trusts. etc. Attach Schedule E. . . 18 Farm Income or (loss). Attach Schedule F . . . . . . . . . . . . . . . . . Enrlose,butdo 19 Unemployment compensation. , , , , , , notattach, any 20a Social security benefits 120a I bTaxableaml payment. Also, please use 21 Other income. List type and amountsele page . Form 1040- V. ,.. :r, ._.. ; ted 23 Educatorexpenses(see page 2 17. ? r 23 G 24 IRAdeduction(seepage 29). f " `.. -A -1 OSS I 25 Studentloan lnterestdeduction(seepage 31) . . . . 25 158 ncome 26 Tuition and fees deduction (see page 32) . . . . . 26 27 Archer MSAdeducfion. Attach Form8853 . , . . . 27 28 Moving expenses. Attach Form 3903 . . . 28 29 One-half of self- employment tax. Attach Schedule SE 29 30 Self- employed health insurance deduction (see page 33) 30 31 Self-employed SEP, SIMPLE, and qualified plans . 31 32 Penalty on early withdrawal of savings . . . 32 33a Aimonypald bRecipienl's SSN ? 296-52-9672 33a 6 366 34 Add lines 23 through 33a . . . . . . . . . . . . . . . . . . . . . on 6e who'. e loved with you 0dm not love with you due to divorce 01 seper8hon sea page 22) Dependents on 6c nplan lered above numbers rrFor Disclosure, Privacy Act, and Paperwork Reduction AM Notice, seepage 76. Form 1040 (2002) BA Folm ao1flovaarWopYrl9hl 1995- 2003 H&R 0 IOCF FTail D SO49C s. ni; Tax and 36 Amountfrom line 35(ac Agross income). 37 Ch kif 65 ld 11 Y ? B Credits a ec : oro er, ou were lind; Spouso was 65 orolder, Blind. E Add the number of boxes chocked above and enter the total here .Is US Standard to Ifyou aremanied filing separatelyand yourspouse itemizrasdedudions, or Deduction you were a dual- status allen, see page 34 and check here . . . . . . . .?37b? for.. 41, People who 38 Itemized deductions (from Schedule A) or yourstandard deduction (see left margin). . . . checked any 39 Subtractline 38from line 36 . . . . . . . . . . . . . . . . . . . . . boxonline 37a or 37b or 40 Mine 361s$103,000 or less, multiply $3,000 bythe total number of exemptions claimed on who can be line 6d. Ifline 361s over $103,000, see the worksheeton page 35 . . . . . . . . . . claimed asa 41 Taxable Income. Subtractline40 from line 39.Ifline 401s more than line 39, enter-0- dependent, seepage 34. 42 Tax. Check If any tax is from _rrtt(e ;., 0? r `. . e All others: 43 Altamative minimum eh Fenn.,, . ?N. Single 44 Add lines42and 43 °' ?+ „.Ae +,? ? esf . ? , $4 700 45 Foreign tax credit. AttachArm11'l?'Cfr red, 45 r. , 46 Credit forchild antl depen e 'rl expech Form 2441 461f head of $6,,90001°' 47 Credltfortheeldedy or the disabled. Attach Schedule R . 47 Married filing 48 Education credits. Attach Form 8863 . . . . . . 46 joinlIr Ousll yinp Oue 49 Redrementsavings contributions credit. Attach Form 8880 49 sie5oi°rt 50 Child tax credit (see page 39). . . . . . . . . 50 Married filing 51 52 Adoption credit. Attach Form 0839 . . 51 8396 b F 8859 52 C d f F 11 aepu°tely, , lb rom: a onn re orm s3,axs 53 Other credits. Check applies a? FoVS800, ; ls1r, If Q Form8801 c ? , p! y11'X i 31. 3J.k, 5 rwl 54 .. Add lines45 through 53 . d? ,?,; ,"rpy, lw , &- . 56 Self- employment tax. AhacfiWa08le SEW. .W; .ai* OF 56 Other 57 Social security and Modiste tax on tip Income not reported to employer. Attach Forth 4137. . . 57 Taxes 58 Tax on quallfied plans, including I RAs, & other tax- favored accounts.. . . . . . . 68 59 Advance earned income credit payments from Fomt(s)W-2 . . . . . . . . . 69 60 Household employment taxes. Attach Schedule H . . . . . . . . . . . . 60 fit Md lineCeethrnunh Fin. Thieievnurtntaliar ? at 7.423. Payments 62 Federal Income tatiam Id fro -land 10 1+, j 63 200d ayma i£amount' 1, tec ifrIf you havea 84 Famdit( qualifying child, attach 65 Excess soGal dtya .,. etathhSehetlule ElC. 66 Additional chit a°Orrsetllt AhacMF.O 8812 67 Amountpald with request forextension to file (seepage 56 . 66 Other payments from: Form Farm Form 8 2439 b 4136 C 8885 Refund 70 Ifline691smore than line 61, subtract line 61 from line 69. This is the amount you overpaid . . . 70 3,232. Directdeposil7 71a Amountofline 70 you want refunded to you . . . . . .? 71a 3,232. Seepage56 ? b Routingnumber 4407_7_556 ?'Typa: Ih lChecking ?Savings and fill in 71 b, ? d Aceountnumber 80000031e7.S13 .,., 71c,and 71d. 72 Amountofline70 ou wants Iledto 2003estiinatedtax ? Z72 Amount 73 Amount you owe. Subtract line 69.froB6119e 61dF.iirdetailson how4dpoyisee page 57 . . .? 73 You Owe 74 Estimated tax enal see a e57 . " p'` l?l 74 Third Party Do you want to allow another person7odiscuss thidAtum.WlBithVIRSfjsei0ege"58)7 Yes.Complete thefollowing. No Designee Designee'sname Phoneno. Personal ?ID number a- P. (PIN)? I I -a•• °erst. In ey are true, correct. and complete. ueOarauon of preparer miner in an tax payerp s easee en un nnennaouo u' n111611 w cyn c n ea Or y n nu..muvc Here Yoursignalure Date Youroccupation Daytime phone number Jointretum7 For Info Only-Do not file SALES Seep2ge2l. Keep a copy for ' Spouse's signature. If a)oint return, both must sign. Date Spouse'soccupation ourrecords. For Info Only-Do not file Paid Preparers' Date Check if Preparer's SSN or PTIN ' signature 3 13 2003 self- emloed P00030365 Preparer S Firtn'sname101 H AND R BLOCK EIN 43-1632899 Use Only ' yoursifself-employed), d ressan ZlPCOde DAYTON OH 45406-0000 Phoneno. 937 278-0634 KBA Form 1040 (2002) rm r( p0 FD1040.2Y7,25 o F ° 2 orn C , oftt.si 2003 H8R Blocx Tax services, Inc pyrlgh: 1996• IT-1040 OHIO Income lax Return FmrlhecearJan. I. Dec. 31. 2002 or other taxable year end inn FRO-OF 20 Social Securih, Numbers must be filled In below. P Yourllrt name Initial Last name You, social security number Status-check only one L O E R DWARD L HAWLEY 280-78-5172 gle or Head of Household SM If a joint return. spouse's first name Initial Last Name spouse's wclalaacurllynumber E ned Ilhng loml rolum E D rried filing separately, enters ome' N ? E Homuddras(number and ureeq Apt. Number Ohio county SSe IY 2316 MALLARD LANE 3 GREE P Y R City. Iowa or you oInca, nna and i IP coda Ohio Public School District ? 2901 o D EAVERCREER OH 45431 Number See panes 33-;i5. u E R R Ohio Residency Status (see instructions) vate IRica Fund Yes No gotothisfund? ................. X Cm Resident X Pa ar P E B ; NonresidentF 04 1 02 Inc ,does yourspouse want$l logo to thistund? E R C Jr L. Notes h n of s' will not increase your tev rdeereeso otomfund. AW ate of residence 0 1 1. Federal Adjusted Gross lneome(from rm1 n S; or040A, Iine21; 0¢, IIne4;or1040TEL).. 1 48,725. 0 C 2. Ohio Adjustments (from line45on page 2ofthisratum) .............................................. 2 O 3. Ohio Adjusted Gross Income (line 2subtracted fromoradded to line l) .................................. 3 48 725.00 M 4. Multiply your personal and dependentexamptions= times$1,200 and enterthe resulthere ............. 4 1 200.00 ........ ............. ... ........ E S. Ohio Taxable Income subtract IIne4 from line 3 .. ........... 5 47 525.00 pages 26.32) ....................................................... 6 Tailor line 5(see tax tables 6 0 1,720.0 , . Credits from Schedule B(line 54 on page 2 of this return) ............................................. 7 7 0.00 . 5 ro. enle ' ) Ohio Taxless Schedule BCredits (Subtra mlin Ifline sme`[6'than 8 1 72 9.0 ! . .9 . t tion Credit Number of personal depe Exem 9 20. 00 T C y , p . a?,k?- ssBdd??? o I &ISmore an lin.) ............... 10 Ohlo Tax less Exemption Credit(uInefr 10 1 709.0 A R L . 'k?' ? XE : z °kUmE650)............ 11 I `on Credit(see Instructions and ttechdo Joint Filin 11 0.00 A I g . Ohio 7axless Joint Filing Credit (But bba omlin970)..? ............... r........................ 12 12 1,709.0 0 D S . ResldentlNonresldenUPan-Year Credits (Sch. C or D) B Nonrefundable Business Credits (attach Sen. E)......... 13 13 608.00 . Ohlo Income Tax (Subtract line 13 from line 12. If line 13 is more than line 12, enter zero) ....... ......... ... 14 14 1,101.00 . interest Penaltyon Underpaymentof Estimated Tax: Check?If Form lT-2210isattached 15 15 . 16. Unpaid Ohio Use Tax (please seetworksheet on page 24) ...........................16 1 The amount you show on this line is part of your total income tax liabilityfor this year. 0 .00 17. Total Ohio Tax add line 14, line 15, and line 16 ........ ...... .. ........ .17 11101.001 A 18. Ohio TaxWithheld(box 170 ) 8 (attach W-2's topage fthis ) .. NT9ur ELD l 367.00 Electronic Filing eanspeed up Y I 2002 M 19. Ohio Estimated Tax, IT-40P an 2and2 p Overpa e yourrefund by E IN 20. Refundable Business Jobs ee ndablelPass-thmu KlEntl T of Credit 20a ,'e`??ud? Cre i 2;2ttb " zo89p?°IF , .2g 0 1, weeks! 21. Add lines 18 19 and 20 .............................. TOTAL PAYMENTS ? 21 1 3 6 7 . 0 0 22. If Iine 21 is LESS than line 17, subtract line 21 frontline 17. Attach payment made payable to Treasurer of State of Ohio. A .. AMOUNTYOUOWE ? 22 aid orwlll paywith a creditcard(we instructions) ou have ? If Ch kh 0.00 p ........ p y ec ere ......... AMOUNTOVERPAID le 23 subtract line 17 from line 21 If line 211s GREATER than line 17 23 266.00 R ............ , . F U 24. Amount of line 23 you wish to DONATE for conservation of endangered species and wildlife dwersny: N $3 ? $5 ? $10 ? Other[:] Check box and enter amount on line 24..... 24 U T ` - N DY pidrectmn: iles) 25. Amount or line 23you wish to DONATE fare fure refehTee?iYSnlcrive s; endiendangerepipe $3 ? $5 ? $10 ? Other Oh eckboxandlmteramountonl'ne 25.....25 O 0U wbllityr ,1. 11QI=%' ?26 23lobecredited to 2003 estiQit`ed fli t A 0.00 R 0 _ moun o ne 26. 27. Amount of line 23 to be refunded subtractamountson lines 24. 252ntl 26 from!Iine23 ....... YOUR REFUND 0, 27 266.00 W E .-r.,... IF THE BALANCE DUE IS LESS THAN $1.01 PAYMENT NEED NOTBE MADE. AND'dF .._ THE O VERPAYF?SNT IS LESS THAN $1.01. NO REFUND WILL REISSUED Under Penalties of Fondly Ideeterethetlotheoeslofm knowt I have read this return edgean d°elmf Inc return is true correct and oom late. . Your signature Date FOR DEPARTMENTAL USE ONLY S ?FOR INFORMATION ONLY - DO NOT FILE G Spouse's atpnelure Pl tiling lo,nmy.eOTH must sign) Pn one number toplionan N OR INFORMATION ONLY 937 426-8414 ? 18a. U H F Preparer's signature Preparers phone number NO Payment Enclosed-Mall to: Payment Enclosed-Mail to: E R 937 278-0634 Ohio Department of Taxation Ohio Department of Taxation Box 2057 P O E Preparer's ad cress I, nclumng rip cod e) P.O.Box2679 Columbus, OH 43270.2679 . . Columbus, OH 43270-2057 YTON OH 45406-0000 DA For,%IT104 ffl002? OH1040.1 V 1,29 Farm allware aP hi 1996 . 2003 HaR Black Tax Services. Inc. Additions- Add to the extent not Intl 'in federal adjusted gross Income (Une 1) 28. Add non- Ohio state orlocal govemmentinterest and dividends .................................. ....280 29. Add Pass- through Entltyaddback ........................................................ .... 290 30. Add Income from an Flatting Small Business Trust (ESBT- see Instructions) .......................... .... 300 31. Oth er. Check Iffrom: a. Federal lnterestand dividends subject to state taxation b. Reimbursementsof college tuition expenses and few deducted in any previous year(s) NEW c, Loam from sale ordisposition of Ohio Public Obligations d. Non- medical withdrawals from an Ohlo.Aedlost Savings Account A AD e. Reimbursements previously deducted but notlnciudad In federal adjusted gross Income DD f. Non- education expenditures from College Savings Account J I UT g. Add back 5/6ths of the It ep sea Lforl nil k)bo ?depreclation ?'. + NEW S ?., y Total .......... . .., O ... .... . . . . r ..310 . . O MN 32. Total Additions (add linali 29 30, , i) Deductloru-See Llmitetians i.,,,r ( ;.d , , , , 320 E- 33. Deductfederei lnterestand dividends eR5FiWm star on. F'...........%::. ... 330 NN .............. .. 34. Deductoompensalloneamed in Ohio b tull- year residents of neighboring stales 340 gD 35. Deductstats or municipal income tax overpayments (see instructions) .....................6........6....35• TD 36. Deductdisabllllyand survivorship benefits (does not include pension continuations), . .................... 38a of 37. Dad uct q ualifying social security benefits and some railror.d benefits ....................................370 1 0 38. Deduct contributions to a variable college savings account and/or pu rchases of tuition credlts .................380, N ? 39. Deduct tuition expenses paid to a qualified Ohio educational Institution .................................. 39e CT 40. Deductunsubsidized health lnsurence/I rein -ncea 'xpe (seeworksheet)... 409 01 O M 41. Deducttunds deposited into 8 IsemIng Medl ' a j -enses(see worksheeg41a 42 D d f E EN . e uctlosses roman lecting Small B nessT .. .....................429 S 43. Other. Check H: a. Wage B salaryexpense not dad loto opponunly tax credits b Interest income from Ohio Public Obligations and Ohio Purchase Obligations and palm, from the sale and disposition of Ohio Public Obligations C. Refund or reimbursements of prior- yearfelderal itemized deductions (from line 21 of Federal 1040) It. Repaymentofinoomereportedinapdaryear e. Amount contributed to an Individual DevelopmentAccount f. Deduct 1/5th of the depreciation expense adjustmentfor IRC sectlon 168(k) bonus deprecation NEW Total ............................................................................430 44. Total Deductions (add lines 3' uF 3).. 1 O , , , , , , 440 45. NetAdjustrnents- If line 322 )?FA a ine44 aterthediH he iS o eta osl8vaamounL W.v ? If line 32 Is LESS than line perm nceher onlme2aS?s a r,-e punt i ?'N" . 450 ........ . .'` . ' Y d` 46. Retirementlnmme Credit("nshuctionsfl3nC[eFlWtab!e) (L1mIt4200).t1...... ..... , . • • • , .48* S 47. Senior Citizen Credit(Limit-$50 perretum) .................................................... . 470 N C 48 Lump Sum Distribution Credlt(you mustbe 65yearsofageorolderto claim thiscredlt) ..................... .489 E R 49. Child and Dependent Care Credit(seeinstructionsand worksheet) ................................... .499 D D 50. Lump Sum RetirementCredit ............................................................... .509 U 1 51. Job Training Credit (see instructions and worksheel)(Llmlt-$500 single;S1,000joint, If both spouses qualify) . .519 E T S 52. Ohio Polltlcal Contributions Credit ............................................................ .520 53. Ohio Adoption Credit (Limit-$500 per adoP _?, tl ^ -?"? ,.. ... .539 54. Total Credits (add lines 46through 53) - enter#pre and on 1107.. ; ;:...... k 549 D 55. Enter the portion ofline 3subjected to taxbyb1lherstates odthe Didfrtctof Colurribia while an Ohio resident 55e 0 SN O ,,, 56. Enter Ohio Adjusted Gross income line 3). 5........ '.`. .r`...:„..... "s :::......... ......... ,,,, .... 56 9 H E 57. Dividellne 55 byline 56 % Multiply by the amount online 12 ........................... .... 57 D E 58. Enter the 2002 Income tax less all related credits other than withholding and estimated tax payments and R S tarty- forwards from previous years paid to other states or the District of Columbia ...................... ...580 F E D 59. Enter the smaller of line 57 or line 58. This is your Ohio Resident Tax Credit. Enter here and online l3....... . .... 59 60. Enter the portion of Ohio Adjusted Gross Income (line 3) that was not earned or received in Ohio ...............600 61. Enterthe Ohio Adjusted Gross Income (I ne 3) .................................................... 61 For maaTwe4OA2"21nt 1996 2003N8R Block TaN5040.s In,29 op - SSN: Ohio DirectrDeposit information Routing Transit Number (RTN) . . . . . . . . . . . . . . . . . . . . . . 2 4 4 07 7 5 5 6 DepositorAccount Number (DAN) . . . . . . . . . . . . . . . . . . . . . 1 800000317313 TypeofAccount . . . . . . . . . . . . . . . . . . . . . . . . . heckinc A"M .h tv it . • 4?% :... ' Y ? Form 8453D 20021 OH84530-1 V 1.0 Form SOnware ppYr G?11B962003 NBR Block Tax Services. Inc. run sommose, up, <mmmo 10 Oapwppnl mm pent,- 11 rloaquelllNtl jt, 1L l Rruian- to, Eon 12 0 Empay-, aenak-pon ,amMr 58-2633371 13R f d EnpayyL -opal amity mmomp 280-78-5172 14 ON., in 13 ? o K ..iyvr.o. -r..wA' p. Lm oam EDWARD L HANLEY 2316 MALLARD LANE, APT 03 BEAVERCREEK ON 45431 01101a.IM11ep0e YermW-2 Wage and Tax Statement 2002 7 eppa..numy Ia 1 W.O.... , an.r oapeeum 3 IM.,-I -IO.nw I.. minMa 50206.71 10655.29 E NbmpO 1" 3 .mW poullly wq.. - BRpu..uAly lrr.tlnn.a Otl143.96 3604.80 0 Advuye EIC pymwN 0 rNkSor. w" two pm E wd.an a. xdfYl.ld 58141.96 843.06 a En "r. n-m., soor.u. w tip on" HOLOPHANE-ACUITY BRANDS, INC. 214 OAKWOOD AVENUE NEWARK ON 43055 10 opppo.m mn pxxM. 11 rIRI.W.peR pm. lI- a Ena.ry.I axnda-lan Iw11'bI 130 58-2633371 d EnWp,..'..p.Yl ..m,my plmun Ito 280-78-5172 1. 01nw 130 13 A? X `Z ."'"' aW....,"LIM LdM EDWARD L HANLEY 2316 MALLARD LANE, APT 03 BEAVERCREEK ON 45431 Is Sbu ll p .,..1... ID nump.r l0 Slel. w.me, to.. W. 17 Simi. ".. I. PA 9` 3098565 ___17333:67 485.34 O Lo41.-y.61q-..IL 10 LL(JI IrvmN le. 20 LCmLrV nemq •• COPY 2 For Employe.'- Dept. of to Treasury .. IRS Bleb. CRY a Loael Rlapln. his Re1um ,214-. OAKWOOD AVENUE `NEWARK ON 43055 LL9?II.11p4 -m 11 . o., 4R' 'I,. e n Exhibit R Sep 17 03 10:25a I cWfv UahrMu Oman. Ina. 7NE UMON7A WAY, ally. 1 :ONYERS. OA 30072 770.922.9000 BANK NAME Kamba-Columbus Credit Union DEPOSIT TO THE ACCOUNT OF 8716 1 Edward Hawley 34883 2316 Mallard Lane Beavercreak OH 45431 Holophane LiChtin6 (937) 426-6420 Bank of Artrdce customer connection Aw ACE DATE Bank of Amarlce. N.A. 02-SEP-2003 Atlanta, Dakelb County, Georgia ACCOUNT NUMBER DEPOSIT AMOUNT 0000317313 Checking Account 1942.52 DEPOSIT ADVICE ONLY NON - NEGOTIABLE UWW LMhthtn OmvA. Inc. 7NE L77HON74 WAY CONYERS, GEORGIA 30072 770.922-9000 rtEASE DETACH Arm RETAIN FOR YOUR RECORDS p.2 Edward Hawley W NNOW& 280-78-6172 15661 I 02-SEP-2003 01-AUG-2003 31-AUG-2003 8716 1 33056.85 3645.30 1942,52 21.681 168:00 Regular Salary 3642:42 29138:60 E4 FIT 533:11 Ff 5346:82 COMMISSION HOL 0:00 3895:21 MEDICARE 52:07 47306 IMPUTED INCOME 2:88 23:04 S8 222:66 2022:71 (OH) SIT 126:35 630:92 (PA) SIT 0:00 30141 IPA) SUI 000 146 CHILD SUP 1 630:63 4244:24 DENTAL 19:93 159:44 LL 401K 182:12 1651:88 MEDICAL 34:13 273:04 Exhibit S +Y 4MYt?n x Ya• Mx4n 4 IM 0218334883 I tYY TnYY anrxa I ONO NO. 1616-0008 1 r/•Ot•. tn. °TNr M-110-.1 1 OIIe TLA w4Mp° t 4344 52 3e1 1 2807? 1 +?• . v exw yawn w•a+ .. +aiu ueunr Tu wrt4nv 30019.78 1861.23 e. nRTRe IMML I1aFL . t" )0 H 0 H NNFp CCOR ;ORATI ON j Q a MIpLYI w•qe 44 +n Y1oY.u Tea .1. 78 a 30019 ST gROAD $ I OOOO . 435.29 C UBUS OH 43215 t °OL1a 4p41n+n t euaunv +n ------------ • aM{ 1 T"' "' M815 - 1 A aeo-7a-s • eMW(t eX nr41M to 00YpYT LYa ellp4a r.. e re u e» mw \mn'a 444 -w p??p l111yyyy EE yy ?? 9bIRil' ANOR L / / \ ranuunt° nun tt to ewnn 4t4am w •°A r D 909.67 " °TM' PA UI 32.94 • n nemar 4nw voa"n aMO4a 0 4tae4° ? Yur © °pY4MelpM 4 aTele tWl°rlft Vin III Ii. n 4T4 n 4eGi. in, an. n Ren YC°Mt T PA 31128875 elt M l°Cµ1Tr Y/.Ya to LO°4 4L04 TI{. n° a. L.-µ IK°Ya +e; 29110.11 815.06 pry 3 To le IIe1 11111 E4plo e'e 6TATE, CITY or LOCAL Na r IBM Oa 1 of th T W w F ' P . e reasury - Internal Reason 6errke )AN -2 l a9e and X Statement 1995 FOLD AIM TCAH AL01:0 PFRrOFATM-•. a -yam.' oueNO ,a.a.mm' Form W-2 Wage and Tax St t t199 7 . a emen d spnd..w4'.P 1 Wpp,.q,pawwrywulpm 2 F?.xcb.M. 43778.37 8314.79 'a a D2ouw" 3 spod..w.a.raPF 45142.48 14 sods led.nyw wmn.a 2798.83 t a ?wkr uc wm?aM a wlwae wwa+ubw a smu.W. w 45142.48 656.57 250 E. Broad S4. Suits 1400 Columbus ON 43215 10 Mp~ w a ,m 11 Noq,I.lW. . 12 amn.l. nbbM n oo.1 D Empl4w, b.ra n ,r d Ergbyrof VVid wq M.vrk<r 31-1288751 280-78-5172 u En 2ao.. br om l2 t. ouw D 1364.11 1a51Mm o1m.Fd p vm do Le wiro w w•, VO smY oMSm a?oVeeem vua lM % X Engb I. B ...N nF (NO EDWARD L. HAWLEY 4002 SQUIRES HANOR LANE LIBRARY PA 15129 la N. 0.w. Ek*M$ 1M NO. PA 311288751 11 SIW .'.2..,om. NC. a Soler. N. 45142.48 1268.21 is I.ocakyp x LaW waam,Vwm 211 .5nrow COPY C For EMPLOYEE'S RECORDS p.WrCIMn1 o11M Tanury ??In4b w Mn.MO b Ne YMSiW psgyn $smu. H yCU V. 1M.1 R. 6wvk. m pu d pw.mran w.d ypgMMiMY dnV aViclwn m.'Ia ngnVl I.w Wx.m ea.m CeOr a.l a "W. 1511 Fesm W-2 Wage and Tax Statement 199 8 7 SO0.1 uoleiy IIP. 1 W"W hp, 01W ? 2 FwYYI .ICdIb Y. wlllel.h . 38186.63 6797.74 e Akxmw to, 2 500.1 uwdy wsq. . 500.1.suuW Y. w.ee.1d 39375.76 - ...+-.•, 2441.30 C 8 .WUb EIC e.rm.?0 s uw....,.w ..wow _.. _ HOLOPHANE CORPORATION 250 EAST BROAD STREET COLUMBUS OR 43215 61.00 31-1288751 1 280-78-5172 1189.13 84.00 • emPlyw"s NnM, .ltl1.N, IIN ZIP ro0e EDWARD L. HAWLEY 3523 SEPTEMBER OR 04 CAMP HILL PA 17011 1s H.eY d.YY Enpby.Is s1eY I.D. N. PA 311288751 17 SUNG ". 1". sm. Is Stalep.ta 39375.76 1102.48 12 LaraVry NnM M Loral wapu. I", ow. 21 Lord a Y. COPY C For EMPLOYEE'S RECORDS DePI. Of the Tlsewry - IRS ?Wdd.e,,, bb a ?n.?+.n.e Y nb wow n.red. smw. n Iw N. m nu..Y'Nnwb?Nn.NSpwn gNnydalw..rcmn nwyu ncue0 Isalxdwbed.b?.. 7.>w ryWb.gdl.. Ox.NEeq B. Exhibit T i Form W-2 Wage and Tax Statement 1999 'if Farm W-2 Wage and ITax Stat emen m'di,i s mmb • ma ZIP seep hap oyB P L...1 10 & employer'. Nmp .ddnu, and 21P gore. theist., • - 00243'.. ? . 1 '.. 23-C AMP INCORPORATED .o or e 'I AMP INCORPORATED ' - "" t sate - HARRISBURG, PA 17105 'WEST SHORE ? HARRISBURG,-PA 17105 '1 PA* mpldvee . inn .....in mane., Loa. Iry ample...'..asbl ....illy numear mein., '.. 296-52-9672 CAMP HILL.' 296-52-9672 employ... ROOM, address and ZIP code Loon wl error cemp - 1 emolora.Y Rome, dare. and 2m-0dae - ale wN 45899 10030 1 4 39 08 1,154.00 45899 10030 1 2 39 '- ' MARNI A HAWLEY ' Lg.. masers ta. withheld . I - MARNI 'A HAWLEY t. •'- t 17 ale tad, .._ ..: APT ?31) ;.':- ..., :. :., . .'11.54 ri APT 3D 162 LOOAN ROAD . 162 LOGAWROAD'l? , DILLSBURG PA17019 ..t.`. DILLSBURG PA'17019• This copy to be flied with employee's LOCAL tax return l This copy to be filed with employ ee's Owe W IWMY Form W-2 Wage and Tax Statement 1999 e strip layer'....nblieellnn No 1 Vi In., C.111hilpn eau. be ms tax x. nee 230332575 artment De 30,333.33 4,590.27 mPl.q.r • Co... ...I.n. era aoae p 3 5ac1.1 Sec.nry o.. caul o.'ry tax wnhhala 4 . - f the Treasur 31,565.19 1,557.04 y O a M m ta ithh ld AMP INCORPORATED 5 M.nsare excee eve x w e e HARRISBURG, PA 17105 Internal Revenue 31,565.19 457.70: e mpmyas ...mu uc.nly Ramos Service 9 Advance Etc Revmem to Dspenaent con ame0u 296-52-5672 e Emplev.e'a Rama .adIl end nP cogs n Non Qualified Puns 12 11 mafudea in Sax t 45899 10030 1 MARNI A HAWLEY 13 Group T.rm Life Ins. C 14 other APT 30 162 LOGAN ROAD o.f.n.d ESTP (40 Ilk]) Q 231 36 1 15 0}}??,, It Pennon Ptah a ?7C I DILLSBURG PA 17019 This information is being furnished . . NOP-T...db Rnpcettan P J enxllan a cpm Dxl to the Internal Revenue Service. p on X COPY B To be filed with employee's FEDERAL tax return. W-2 Wage and Tax Statement 1999 1999 W-2 INFORMATION If Employer's identification No. Federal Tit Withholding .. Of 12/31199 230332575 'O c employers nom.. add,..., ana 21P c.a. . marital sum.: SINGLE Nume.r of Wunnotalna Ales, ..... : AMP INCORPORATED Addlllan.I Amount Withhold Par Pay. r HARRISBURG, PA ` 17105 , Neu: To Change Your ruing slams for 2000 Obtain • ei lean by caning the Consoling Point at. lbi-21. - lu.d form to HR com M ll th 0-6 50 -1 .o6 2-9 nuper it CmplaY..'. 2996-52-9672 , p a . e 1-900 6 5 - " saint Si 1oASOn R.L- 6.2%-C$72,600 M.dleere IMII Rob-lealx on No Lt Il ? /L l Tax d h S tate oca eac NOTE: Because the IRS, Social Security Administration an . Emoloyces Co... address and 2IP cone Bureau determine which Items should be included in the taxable Wages - MARNI A HAWLEY 45899 30 1 reported to them, the earnings on your W 2 forms may vary. Some of .the APT 3D Items which may cause a difference are Savings & Thrift, flax insurance 162 LOGAN ROAD or FSA deductions, sickness & accident payments, relocation, group term DILLSBURG PA 17019 life insurance and some taxable fringe benefits. 1 Wepss. o1nV comp. 2 Federal IMOme Tax withhold 30,333.33 4,590.27 0 3 seem 5.owlry wag. 4 Seats$ S.curlry tax wlmneld PA OPT $10.0 31,565.18 - 1,957.04 5 Medicare was.. 6 Medicare tax withhold 31,565.18 457.70 9 Advance Etc payment 10 cap..... I cM. 0enefw .. 11 uen dutll.4a Pun. 12 Benefits Inotuded In Box 1 3 oleuP Ti Life In.. 14 Other .. t offered ESTP 1401x1 15 DeCaffilOb Pension pun " 1,231.86 X Nan-TaiShis Relocation Ociun empenulmn .. X Mpld,ae. St.,. to NO. snootier '. Laval ID xa. 23-0332575 243 Ina Paufnar To _ PA WEST SHORE in. Wages. Other ...P. L... I wp.c, o1M1 compenuupn 31,565.19 1,154.00 - Im w wnnnfm 883.67 Lonl u. wlmhob 11.54 COPY C For employee's Records. Lo..lnr This information is being furnished to the Appropriate Tex Jurisdictions. LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation JERRY R. DUFFLE 301 MARKET STREET RICHARD W. STEWART P. O. BOX 109 C. ROY WEIDNER. JR. / LEMOYNE, PENNSYLVANIA 17043.0109 EDMUND G. MYERS WEBSITE: www.jdsw.com DAVID W. DELUCE -- RALPH H. WRIGHT. JR. TELEPHONE 717.761.4540 DAVID J. LANZA FACSIMILE 717.761.7015 MARK C. DUFFIE E-MAIL mallOJdsw.com MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER September 25, 2003 John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033 Re: Edward L. Hawley v. Marni A. Hawley No. 99-4196 In Divorce Dear John: HORACE A. JOHNSON COUNSEL TO THE FIRM WRITER'S EXT. No. lla E-MAIL mpg®Jdsw.eam I have had an opportunity to review your Pretrial Statement. When we met on September 5, 2003, you had indicated that we might be able to stipulate to the value of some of the marital assets. Unfortunately, I did not receive a copy of the exhibits which you intend to submit in this matter. Accordingly, please provide me with the following documents so that I may advise my client regarding a stipulation: 1. Both pages of the PNC savings account statement for December 1998 2. A copy of documents supporting the TYCO retirement savings balance at the date of separation. 3. A copy of the document reflecting the value you allege in Holophane stock as well as a date of separation balance for this asset. Thank you for your prompt attention to this matter. Very truly yours, JOH SON, D FFI?E, S?TEWARART & WEIDNER Melissa eev" `y I MPG:kkm:218833 cc: Edward L. Hawley Savings Account Statement PYC Bank, Central PA PNCBk For the period 12101/1999 to 1413111999 MARNI A HAWLEY 3523 SEPTEMBER DR APT 4 CAMP HILL PA 17011-5061 Savings Account Summary Account number. 50.0087-8035 Primary account number. 50.0087.8035 Page I of 2 Number of enclosures: 0 V For 24-flour customer service or current rates: Call 1.880.537-2262 CE Writs to: Customer Service PO Box 6o9 Pittsburgh PA 15238.9738 C3 Watch for our new E-mail address Visit us at WWW.Pncbankcom TDD terminal: 1-600.531-1648 For hearing impaired ctknu only Balance Summary Beginning Deposits and Checks and other Ending balance other additions deductions balance 5,606.39 1,689.52 6,758.50 537.41 Interest Summary Annual Percentage Number of days Average eollectad Interest Earned Yield Earned (APVE) In Interest period balance for APVE this period 1.75% 31 4,014.02 5.93 Deposits and Other Additions Dale Amount Description 14'10 /870.19 Direct Deposit - Payt•oll A\IP Inc. - Bilvee 000000000458990 !23 813.90 Direct Deposit - Payroll -' As of 12/31, a total o $$76.92 in interest, earned this year. There were 3 Deposits and Other Addition totaling $1,889.62 A\IP Inc. - Bhvee 000000000958990'- 14131 5.93 Interest Payment-"._... ,........._:^.. Banking/Check Card Withdrawals and Purchase Dan Amounf s Description puon - - `? There were 20 Banking Madlfne withdraw. 1 "Ol ? . 0 00 ATARliithdrnssal ? 190 S Atm•ket St Afedsuucbing PA totaling $3,026.00. 1 1'?'03 • V 60.00 ATt Withdnual -12942 Carlisle. Pike Camp Hill P4 There were 6 other Banking Machine/Chid l'_ 117 07 12 /180.00 V -, ATAI Withdrawal 4242 Carlisle Pikc,( qs p Hi8 PA . Card deductions totaling $2.190.e0..-?-- . 100.00 An, I Withdlanal Rt 202 & Goddmd Kg Of Prussa PA 1-1 '117 /00.00 ATAI tVithdmi al 4242 Carlisle Pike Camp Hill PA .. " 14 08 14 'til /40.00 ? ATAI Wilhdianal 4242 Carlisle Pike Camp Hill PA " {0.00 A ITI Withdlmval 127 Kim Acres Driv ' 12,10 /270.00 AT\I Withdtaiml 140 Canphill Shopp Camp HiB PA 19 1.1 1/300.00 AT\( Wilhdumal 127 Kim Acres Driv 12 '14 ;/140.00 ATAI lVilhdlasval 140 Camphill Shopp lamp Hill PA 1211 \/90.00 ATAf Withdnssal Alain & A1:u•ket Sts -' 12 '13 ' /50.00 ATN Withdla%al 140 Canphill Shopp"Camp Hill PA ' 12 17 1" •11 !50.00 J100 00 ATAI \Vithdmeal 140 Canphill Shopp Cass,p Hill PA AT\ W _ . 1 ithdnual127Kim Acres Dtiv I' '• /100.00 AT\( \Vithdnuml 127 Kim Acres Drn• 14 44 010 ATAI 1Vilhdnwal Clark Store a 1981 Columbus Oil 1? '^_-I 12 4V 1.00 ' f301.0 , Basking \Inchine Withdr u l Fee . \I Wilhdratlal 1349 R' Filth Ave Columbus Oh Banking,'Check Card Withdrawals and Purchases continued on next page Savings Account Statement a For 24-hour customer service: Call: 1.800.537-2262 Savings Account number. 511.11087.8035 - conilnued akhtil/Check Card Withdrawals and Purchases - continued Date Amount Description 12 '98 •1201.50 ATM Withci au:d Henderson Rd D U Upper 1' 3 ,/ 9 1 ATAI Withdrawal hingsdale D/U Columbus Oh 12 '28 ° Banding Machine Withdraw .l Fee 19 '98 Bnnking Alaclsine Withdlaual Fee 19.'98 ll. Banking M•uhine Withdrawal Fee 12-'29 f 1,185.00 ATM Trsfr To Checking 197 Kim Acres Dhiv 12,131) / 300.00 ATM Wilhdiwu l 4949 Carlisle Pike Camp Hill PA 12,31 X000.00 ATM Trsfr To Checking 4242 Carlisle Pike PNCBAN] For the pedod 12/01/1"3 to 12131/10a1t MARHI A HAW LEY Primary account number. 50.ODS741035 Page 2 of 2 Wher Deductions There were 3 Other Deductions totaling Dare anoint Description S7,6g2.60, 1^_.'14 ?842.50 Wilhdrm:d Tel 04000106020096 191.1 f,100.00 Withdnascal Reference No. 023786656 12,21 600.00 Withdrawal Tel 0400010619 0118 Dally Balance DetaB Date Balance 12!311 5,306.39 Date 19/10 Balance 5,326.58 U/21 1 3Balance 104 08 Dais Balanc 1 1_!03 5,146.99 12,07 4,BOG.99 1./ a 14 ? 1 /15 3.904.08 3 854 08 _/ _ 12/99 2 , . 9,004.06 1 2/ 19/ 0 12/30 831.4 1,891.48 1,591.48 12/08 4,766.39 1 _ 19/17 . . 3,804.08 e 1 _/_3 W24 3,817.98 3 614 98 19/31 597.41 19. 09 4,726.99 19/18 3,704.08 12%28 , . 3,016.48 C -HA4n3uar&mur AMPINCORPORATED 0111296 October 01,1998 - December 31,1998 For information call: Vanguard Participant Services In the USA (800) 523-1188 Overseas Collect (610) 669-1000 Page I of; 15814 I?IIII IIIII IIIIIIIIII IIIIIIIIIIIIIIIIIIIII?IIIIIII?IIIIII?I?Nllgl V A. 1 I J AMPINCORPORATED October 01,1998 - December 31, 1998 For information call: Vanguard Participant Services In the USA (800) 523-1188 Overseas Collect (610) 669-1000 MARK A. HAWLEY Page 2 of i 15814. T( 'armour IIIIIIIIIII IIIII IIIIIIIIiII 0111?95 AMP INCORPORATED AftM 1b ?Ciosing3harw-p ce - - ?«oy?aia Dloslhg shale _ Glosingshare v.anguard T< 41Pang;shan 0paninpshari -DpslSiap?plg Contributions. DniizlentlsiceF tJnrsaroi-d gei 111ei?foa"-balat Llcsii7g:sheie - closingshere: THAFanguai&mLif October 01,1998 - December 31,1998 For information call: Vanguard Participant Services In the USA (800) 523-1188 Overseas Collect (610) 669-1000 HARM A. HAWLEY Page 3 of 1_622 74 MECAPFaitd Ctasingsherea Yangua dT7 $_1a'tnv-t Fmmd: hce p ^$362600° Dpedln9'shirepnce. '' $32 tB ?" 2213; ` Opening. ares -`t7$ - .S134 67 QpenLggbalanoe 3Z.'S ams 1560 8 48 C % onMbfihons _ Dnp9end"s/ca ital loss '38;34:- p gains Unrealiz2d_p8in/Jo§"s` 1p$' _ - =17.81 a` 428711:._ Closipgsbalanes t # iql ce - 47 6600. Closing:shara puce ? - gl ClostnQshares. M ondMarkeatulckFutjH - - - 011: - - - - ' $30128: _ - _ - 51.73? Ikge?ns - 1:17 `. oss 82 ?: ..:. -. .. `: ":. $82.37,. . 10.2700; - `:8.021 -: - - 15814.. 0111294 IIIIIIIIIIIIIIIIIlIII 11111 ill IIIUIIllllll111111i 1111111 oill 11llllll it AMPINCORPORATBD October 01,1998 - December 31,1998 Page 4 of: For information ca1L• , Vanguard Participant Services } ^INFD In the USA 523-1188 Overseas CoHllect ctt (610) 669-] 000 MARK A. HAWLEY 'T, sec.tJgrl Fxl+t':7ci6s In1br?+3atl.orr rel?tad..ro the?:pS flxc?Frrnds t arifrt6t?f6 an am&irrt$ shcwi 3 sra -re .ern Saxe ?B erlt aB _ hB 7 F I1? 18i t,0 r i S! BS J?.`= 2fSD -2858 148SB - 24 06 zig 7c _ :',`? uwcg- 1cc3?iewT3uiaons - - : -..2839zOBN3h980 _ - :;- iiGSS811.-2110D?rotn7t61ndex ".;- .:: " `" 23.64 _, .. ._ _. imanul,o+urtEq!?gfbtioeks),_' - - -- -_ - 'i - -3?.a uotd alanma[Mna?CrrowfhFunxl IMI -09f3Dn981'1779 -]693 36:93 MV7 '16 9 f - _?1SCF?AFEjndati =.:20.75 ":2083 - -2D'.33 ..4.50 X85 ?: zzu gtopma - -..StMP7ieock>Funa 1129-13JdIASM ??--4571 -3680 '2.6.130' f302 A4-;a_ 9.78 98P 00Index . - -" -" 2130 ::2838 "2"B 33;06 11Y.'d_i? - ' `+.-=Indicates.the7undMnWhi6fij!ou-have: balances -'- - :: - ' - - 15814.. rt MmSuardzmua 1 111 11I IIII il lll lll l1111 11H ill 111 Hil l III III oil Ul 111 11111 111 11111 11111 1 0111292 • J j 'EMA AMP INCORPORATED October 01, 1998 - December 31, 1998 For information call; Vanguard Participant Services In the USA (800) 523-1188 Overseas Collett (610) 669-1000 MARK A. HAWLEY - - Fi;1TID-PEalRORMi.BCE'Y[TM?AARa(?4i:OF 1-2/3'1 Cd6tsve (ekle?or 3hts tlr iePedod Bea Date -66"Bttesl , P_3tTotrr?efiagV_ggfestoraai{otlsai rsioFejhan onayeecareasp = 9r?orrnance?lpurbadnoluda4har?lnye9trientrof iivldendial- ... '11°SSATd'E?'R07II'?!bGR#`M;?tLiO..ER - - - - Sakt Ai3vanliags ci -the?i yet 3latth': --`. " A.,?car agri:,_ thr: Cniupany-bnostc8 tts-match-ttig contri-6ut?on, =pivjng yn_vaJ ?.Peortun,t,y t? a3ce: snre;l:ang teTm-=f',naniia:I nmeds=a're met„.A,§ ire?ic the D=centr,-:tu ywt aicoaor__f et eteiy nllar.'yau 7tvested ,n.tlie Part t-0+: Naiv., t{Ie Gom any cantrthytes anothe.7 3D -eonts for every dollar yoy::rnn?r_ -anti 6%-nfyout 'pay.: Th . , n s:aLd,yari'a°1 coiirpany mairth-i-ng rvrr?i4iuttanls?-av:C-o¢ inwasted>in:ywar -RCMPStoik.Tund,-account, So--tf yoo'.i2 not --'saving .a-t least -6% to the'Plan, 'If re no -Jtak,ng _ful l hi:ghex--dompany match. If you find 'it diff -icult.to:put money-;asidn_7.or ict:i Page 6 of 7 slow and,grsduaIly -build your savings rare[ Becau'si thi marz4ou save, thc•:better rfiance" .you.-have of securing a:comfartable ret.irement. An-employersponaared`401(k)';pl.i 1-il?c' -,_158,4:. c:nx.,. mMmSuardbum IIIIIII11111111 IIIIIIIIIIIIIIilllllllllllll 0111291 IIIIIIIIINI1IIIII ALrAP AMPINCORPORATCD October 01,1998 - December 31, 1998 For information call: Vanguard Participant Services In the USA (800) 523-1188 Overseas Collect (610) 669-1000 MARK A. HAWLEY Page 7 of HOLOPHANE CORPORATION Employee Stock Option Plan Quarterly Summary of Activity As of June 30, 1998 Check Date Amount 4/09/1998 23.31 4/D9/1998 16.42 4/23/1998 23.31 5/07/1998 23.31 5/21/1998 23.31 6/04/1998 23.31 6/18/1998 23.31 6/18/1998 31.58 OPTI Current Quarter . . . . . . . . . $ 187.86 Prior Quarters . . . . . . . . . 174.25 Total Contributions . . . . $ 362.11 Number of shares that can be purchased @ $20.30 t., . . . . 17 Average Market Price per share on 06/30/1998 . . . . . . . . $ 25.00 INTER Current Quarter $ 187.86 Current Quarter . . . . . . . . . $ 3: 05 Prior Quarters . 68 Total Interest . $ 3.73 If this summary does not agree with your records, or you have any questions please contact your Human Resources Representative. Interest credited to your account reflects interest earned through the 15th of the last month of the quarter. (¦) Based solely on contributions. No interest included. I -n ??; R* ? ?mC nr ? FFFk ^ a 18$8 888 88 8$8 888 _` O p p 000 a o O - Poo s J o.V J Em ? Q 8$n 888 88 8$0' 888 8 p m 000 cc O O^ 0 0 0 0 m LL 6 0ms mW W N zn no v W 8$8 888 88 8$8 N ij ooh 000 00 0 GH ON d W N W m NO ?? r N ? ? ??? (? p IONB f?10 Nq N? r M n'm w6ci p^ m •o n f c) W ? O N = z0 K NZ 0 N m W W aa? W K ? Ulm Jo m O W O O 3 6' m N QW r S 6'6 J? p } =N? WaJ 888 8 000 0 ?; 8 m' 100 //? 8$? 888 88 8?8 888 8 (ar3tg OC;N 000 00 o0? 000 O ON m C!m0 c0?18 tON g? mm a08 g C6 ? m0 Hm OWm C QbHO Cc; mN 8g o°8 m88 98 -.08 888 8oo ?o mo y2 N' 7 X80 12 i J O N$S ffln;; n0 was mlOnm ?ry ?y y. yN C (9 fl m W ti N 7 N m N N ,1 Of YI N KK N N ' N a 5M 5M F? K ?m~rz 5?? N pj 5= aay VZZNN?1 N Z U M M QQaMy Za u co 41W ? ti N a mR ?p p (p ZZZ y? 4 L syy411 > A iA 1V m LLLL 1 0 t ` d M N M i Z i , C J Q , m p p zzz MMM ( O j 1 8 Q B 818Y6 1 __ "'IIILLL"" .. 222 LJ WW Q a gx= E W x O x O x O x O x O x t0'! x 0 m is Q M 6 u gb 6 m rN O N n M W H ? W ,m, W 8 699 AR R qmq 0 J m SOS NN ? 548 0 a M.-N MN N NNN N I 111--- ? I ? NNq m w w M 6 oJoF 0 i 0 W O 0 == 8$In0 888 OO 8$w 888.8 Zmma OO' 000 00 O?^ 000'0 J J ? a t: tl 8$v 888 88 8$8 888 8 oom 600 00 ocn coo 0 WJ G m LLG o 8?8 888 og ?i?m 88?i ? N WN 000 Oat N q In OOm N w WN N tD w J I IL M w N w \ n n\ \ € {y 51?? 0?8 pS 1ONS N Na0 10 m r U Xg 88 Sion wN 8oa N N I I N S zrc Nw rc M NI m qM0 888 88 8$8 888 888 8 8 ooh o00 oc o 08 g Cw >~IN W = ? 14 a?a I aqJ "J p`er'' 680N'6 kidYJ EC] m (N(n.. m MOO I?[S. /VOa 0 yn0 ?aaVO f+V a M N N w M N W' 10'1 0 W N' N' N N W 1000 aV0 ?8 q?8 1•QO N ? ?Nm?' m?0 No nto' ^80 n N qn I I N M i NN NN N J ?$8 aOn m8 Y.?$ Aan ? 1` 8 M{y wp N F Cl lq?' ?- ?COlS NO 8?' 9 MM 8 OQ w M 9m 9E M w gig (IJ 1/1d ??i1 lid' ?Fy2W? M< lot, 11 (Ny (? p ? ZLL HNM ZiZ J x 0 K O x O x 0 x 0 IM W x 0 x W CI N S w N = M N ? ?Iy?1ia. N 1?1?Mii11 W wwu( u> Fp u y1? F 6 S. Johnson, duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street 1'. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4196 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this & day of 2004, by and between EDWARD L. HAWLEY of Beaver Creek, Ohio, (hereinafter "HUSBAND") and RNI A. HAWLEY, of Dublin, Ohio, (hereinafter' WIFE"); WITNESSETH: WHEREAS, the parties hereto were married on September 23, 1995, in Columbus, Franklin County, Ohio; and WHEREAS, a divorce action was filed by HUSBAND on or about July 9, 1999, in the Cumberland County Court of Common Pleas, and docketed at 99-4196 Civil term; and WHEREAS, there are no children of the marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, do hereby agree as follows: ADVICE OF COUNSEL. The provisions of this agreement and their legal effect has been fully explained to the parties by their counsel. WIFE is represented by John J. Connelly, Jr., Esquire of James, Smith, Dietterick and Connelly. HUSBAND is represented by Melissa Peel Greevy, Esquire of Johnson, Duffie, Stewart & Weidner. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having obtained sufficient knowledge and disclosure of their respective legal rights and obligations. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to §3301(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Marital Settlement Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced -2- in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL DISCLOSURE. The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants -3- that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 6. SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective ;amilies of each other. 7. DEBTS. HUSBAND shall assume responsibility for the MBNA Credit card, and the First USA credit card. HUSBAND will assume full responsibility for payment of any credit card debt in his name on and after December 21, 1998. HUSBAND shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations. WIFE shall assume responsibility for the Capital One credit card WIFE represents and affirms that this amount has been paid in full. WIFE will assume full responsibility for payment of any credit card debt in her name on or after December 21, 1998. WIFE shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations. -4- The parties agree that they shall take prompt action regarding any remaining joint credit accounts which have not been closed and agree that they shall immediately close such accounts. HUSBAND represents and warrants to WIFE that in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since the date of their final separation, December 21, 1998. WIFE represents and warrants to HUSBAND that since the filing of the Divorce she has not and in the future will not, contract or Incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since the date of their final separation, December 21, 1998. 8. RETIREMENT BENEFITS. HUSBAND will retain full value of the Defined contribution Holophane Thrift and Retirement plan which he has through his employment with Holophane Corporation. WIFE specifically waives any and all right, title or interest in HUSBAND'S retirement plan listed above. WIFE shall retain the value of the TYCO retirement and Savings Plan and the Actuarial Data/Manulife 401(k) plans which she liquidated subsequent to the parties' separation. HUSBAND waives any and all right title and interest in said plans and in any retirement, pension, or 401(k) plans which may have been earned by WIFE after the date of separation on December 21, 1998. 9. LIQUID MARITAL ASSETS. The parties agree that they had checking and savings accounts at PNC Bank and checking and savings accounts at Kemba Federal Credit Union during the marriage and that previously existing joint accounts and individual accounts have been divided to their satisfaction. Any individual accounts now owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled. Both parties waive any rights they may have to the bank or credit union account(s) of the other. -5- 10. AUTOMOBILES. HUSBAND and WIFE agree that HUSBAND will retain the value of the 1996 Chrysler Cirrus which he traded in on a Nissan Altima after the parties' separation. WIFE agrees to execute any documents needed to effect the transfer of all of her right, title and interest in the Nissan Altima to HUSBAND alone. WIFE waives any and all right title and interest in said vehicles. HUSBAND and WIFE agree that WIFE shall retain the value of the 1986 VW Golf Volkswagen, which she purchased after separation. WIFE shall be solely responsible for all costs associated with the vehicle, to include registration, maintenance, and insurance related to the vehicle. HUSBAND agrees to execute any documents needed to effect the transfer of all of his right, title and interest in said vehicle to WIFE alone. HUSBAND waives any and all right title and interest in said vehicle. 11. EQUITABLE DISTRIBUTION. In order to effect the over ail equitable distribution scheme which is more specifically detailed throughout this Agreement, the parties stipulate and agree that Marital Settlement Agreement, Affidavit of Consent and Waiver of Notice, shall be executed by the parties contemporaneously and that upon receipt of the properly executed Marital Settlement Agreement, Affidavit of Consent, Waiver of Notice, by counsel for HUSBAND, WIFE's counsel shall promptly receive a check on WIFE'S behalf in the amount of four thousand ($4000) dollars. The parties stipulate and agree that this shall be a one time payment which shall be treated as equitable distribution and for federal income taxation purposes shall not be deductible to HUSBAND nor includable in WIFE'S income. 12. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties agree that they have previously divided the household goods, and personal property to their mutual satisfaction. The parties agree that this distribution of goods and personal property is satisfactory and equitable. -6- 13. SPOUSAL SUPPORT AND ALIMONY. The parties acknowledge that there is an existing spousal support Order, payable to WIFE, PACSES number 103101695, and docketed to 00975-S-1999 in the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania. The parties stipulate and agree that, this Order and Wage attachment shall be terminated effective with the effective date of this Agreement. Any arrears due under the terms of the Order shall remain due and payable by HUSBAND. If, however, there are any credits or excess payments after the effective date of this Agreement, these shall be refunded in full to HUSBAND. In order to effect the intent of this Agreement, a copy of the Agreement shall be provided to the Domestic Relations Office allowing for an administrative disposition to terminate the support Order and Wage attachment without the need for the parties to appear. HUSBAND and WIFE waive now and forever, any and all right or claim, past or future, to support from the other, whether the claim be in the form of medical support, alimony, alimony pendente lite, or spousal support. 14. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 15. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents. The parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. 7- 16. ATTORNEY FEES. COURT COSTS. HUSBAND paid the fees associated with the filing of the Complaint in Divorce and with the valuation of the Defined Benefit Plan and shall be responsible for the counsel fees associated with the preparation of this Agreement, and the counsel fees to finalize the Divorce. Otherwise, each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses if the breach is cured within 14 days of a written demand by one party to the other and providing notice of intent to seek counsel fees. Demand shall be adequate if it is sent via certified mail and provides at least fourteen (14) calendar days from the date of mailing for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the presumptive correct mailing address for notice to the Plaintiff shall be: EDWARD L. HAWLEY 2316 Mallard Lane Beaver Creek, Ohio 45431 For purposes of this provision, and in absence of notice to the Plaintiff to the contrary, the presumptive correct mailing address for notice to the Defendant shall be: MARNI A. HAWLEY 5819 Parkbridge Lane Dublin, Ohio 43016 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. -8- It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to further discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; (e) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. VOID CLAUSES. If any term, condition, clause or provision of this Agreement, shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. -9- 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set for herein. 22. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. lyyw?/? MM14so oil Witness EDWAR . H LEY I ATE ? . -- 2 J 1 o,l1 MART I A. AWLE / DAT& :222272 10- STATE OF OHIO ss. COUNTY OF On the 30? day of v r? 2004, before me, a Notary Public in and for the State of Ohio, the undersigned officer, per onally appeared EDWARD L. HAWLEY known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public PENNI PACK, Nobry1W& In and far the Sfab of 01h My Commisslon Eq t DjL 2% MW STATE OF OHIO COUNTY OF ss. On the day of 2004, before me, a Notary Public in and for the State of Ohio, the undersigned officer, onally appeared MARNI A. HAWLEY, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. °s NiaTs ? SUSAN K. DUPONT Nolary Pubk, state of ONO '-.??gtFOFO?`Qf My Comm WonExplm02-03-N k?f) D U Notary Public - 11 - r [rr r? v c7 r u7?? ti. lU Ii i . 11 r .v %' Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4196 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAEC/PE Please withdraw the Count for Equitable Distribution filed by Plaintiff in the above captioned matter. JOHNSO DU IE, STEWART & WEIDNER Date: February 20, 2004 elissa Peel Greevy :224668 CERTIFICATE OF SERVICE AND NOW, this 20"' day of February, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe upon the other parties of record by causing same to be deposited In the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 JOHNSON 7, STEWART & WEIDNER Y Melissa Peel Greevy pi= 1 W L- co r. L+.. L1. G.l ? ? ? T Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4196 CIVIL ACTION - LAW INVENTORY OF PLAINTIFF. EDWARD L. HAWLEY IN DIVORCE Plaintiff files the following inventory of all property owned or possessed by either party at the time the action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory are true and correct. Plaintiff understands that false statements herein are made subject to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: :215104 Edward L.Hawley, a ntiff Submitted by, JOHNSON, F, I S WART EIDNER BY: CJ ??.P. ?f \ Melissa Peel Greevy Attorney I.D. #77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. () 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes O 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and office/director positions held by a party with a company) () 16. Employment termination benefits-severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans, thrift savings plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Insurance benefits (X) 27. Income tax refund MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. Item Description Number of Property 1. Proceeds 1998 Federal Income Tax return 2. 1996 Chrysler Cirrus 3. Husband's defined contribution plan 4. 401(k) Actuarial Data 5. TYCO Retirement and Savings Plan 6. PNC Savings Accounts 7. Kemba Credit Union Accounts Names of All Owners Plaintiff and Defendant Plaintiff and Defendant Plaintiff Defendant Defendant Plaintiff and Defendant Plaintiff and Defendant MARITAL DEBTS Plaintiff claims the following marital debts, while reserving the right to supplement this statement: 1. Capital One Credit Card 2. First USA Credit Card Debt 3. MBNA America Credit Card debt NON-MARITAL ASSETS Plaintiff reserves his rights as to all claims or defenses with regard to any non-marital property, including but not limited to, pre-marital and post-separation contribution and increase in value of the defined contribution plan. Plaintiff believes, and therefore avers that Defendant has retirement benefits or 401(k) benefits of some type which were earned after she left the marriage. Plaintiff owns a 2002 Nissan Altima, presently encumbered in the amount of $24,000, which asset was acquired after separation. NON-MARITAL DEBTS Plaintiff is not aware of any debts which may be in dispute as to whether they are martial or non- marital. Plaintiff reserves his rights as to any issue or defense in regard to non-marital debts. PROPERTY TRANSFERRED The following advancements have been received by the Defendant as follows: $4655.00 from the PNC Savings Account $1104.00 from the 1998 Income Tax refund $1800.00 from the Defendant liquidating the 401(k) plan 2219.00 from the Defendant liquidating the TYCO Savings and Investment Plan $9778.00 Total Plaintiff traded in the 1996 Chrysler Cirrus on his present vehicle. At the time of the trade in the vehicle had a lien against it in an amount which Plaintiff believes, and therefore avers, exceeded the value of the car. CERTIFICATE OF SERVICE AND NOW, this IWday of July, 2003, the undersigned does hereby certify that she did this date serve a copy of the foregoing Inventory upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows; John J. Connelly, Jr., Esquire P. O. Box 650 Hershey,PA 17033 E, STEWART $ WEIDNER Greevy r• - i - :1 j :.1 V Johnson, Duffle, Stewart & Weidner By: Melissa Peel Grcevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4196 CIVIL ACTION - LAW PLAINTIFF'S PRETRIAL STATEMENT PURSUANT TO PA.R.C.P. 1920.33 BACKGROUND A. Marriage - September 23, 1995 Separation - December 21, 1998. B. Children - The parties have no minor children. C. Complaint: (i) Filed by HUSBAND on July 9, 1999, docketed to No. 99-4196 Civil Term. (ii) Served on WIFE on September 13, 1999. (iii) Contested claims - Alimony and Counsel Fees, Equitable Distribution, WIFE'S claim for divorce under §3301(a) (6). (iv) Divorce - It is expected that both parties will agree to a consensual divorce pursuant to §3301(c) of the Divorce Code and file Affidavits of Consent and Waivers of Notice, as the two (2) year separation period has expired. HUSBAND intends to file a 3301(d) Affidavit. Attorneys for PlaintiIT It. MARITAL ASSETS The marital assets are listed In the Plaintiffs Inventory and Appraisement, filed on July 21, 2003. This Pre-Trial Statement provides additional and more specific information. The Plaintiff's Exhibits demonstrate the value of the assets to be distributed. Asset PNC savings Account # 50-0087-8035 PNC savings Account # 10-1044-1015 1998 Federal Income Tax refund Actuarial Data/Manulife 401(k) Tyco Retirement and Savings Plan Holophane Defined Contribution Plan Kemba Columbus Credit Union Joint Checking Account #317313-80 Kemba Columbus Credit Union Joint Savings Account #317313-00 Kemba Columbus Credit Union Checking Account #417313 1996 Chrysler Cirrus III. NON-MARITAL ASSETS Value As of $5606 12/1/98 $5606 1/31/98 $1104 2/19/99 $1718 12/31/98 $2219 4/6/00 $15,203 3/1/02 $1041 12/21/98 $1692 12/21/98 $826 12/21/98 $1265 9/18/03 HUSBAND purchased a 2002 Nissan Altima after the parties' separation which is non-marital in nature. HUSBAND'S vehicle is encumbered with approximately twenty four thousand ($24,000) dollars in debt. HUSBAND believes and therefore avers that WIFE owns a 1986 VW Golf which was purchased subsequent to the parties separation and following the termination of the lease on the Subaru which WIFE drove during the marriage. WIFE had a 1991 Pontiac Sunbird which was encumbered with debt at the time of the marriage. HUSBAND made payments on the Sunbird loan during the marriage, totaling approximately $3703. This vehicle was traded in on the Subaru lease during the marriage. IV. MARITAL DEBTS Marital debts were identified in Plaintiff's Statement of Inventory and Appraisement. Plaintiffs Exhibits inventory the marital debts as they are known to the Plaintiff and provide the value of each. Debt Value As of 1. MBNA Account # 4313028800000551 $2420` 9/7/95 Included approximately $2300 in jewelry purchases for Defendant. The debt on this account was transferred to: 2. First USA Account # 4417122819250284 $8170 12/15/98 3. Capital One Account # 4121741446102142 $326 1/10/99 4. Wife's Vehicle loan payments(Pontiac) $3703 now paid in full V. WITNESSES A. Expert Witnesses. 1. Unless stipulated thereto, Plaintiff expects to call the evaluating actuary from Pension Appraiser's, Inc. to testify as to the value of the Plaintiff's defined contribution pension which report has been included as an exhibit submitted by Plaintiff. B. Fact Witnesses. 1. HUSBAND 2. WIFE Plaintiff reserves the right to call additional witnesses for rebuttal if necessary, based upon the testimony offered at hearing. Plaintiff reserves the right to supplement this witness list prior to time of trial upon proper notice to the hearing master and opposing counsel. Vt. EXHIBITS See attached. VII. PLAINTIFF'S INCOME HUSBAND's 2002 Federal Income Tax Return and recent pay stub are included in Plaintifrs Exhibits. HUSBAND has been employed full time for Holophane Corporation as a sales representative since November 1993. He has a B. A. degree in Business Administration. He has no known disability or medical condition which would impair his earning capacity. HUSBAND'S highest gross income during the marriage was $43,778, for the year 1997. VIII. DEFENDANT'S EARNING CAPACITY WIFE is unemployed and had been received unemployment benefits since January 5, 2003. Her last employment was with U.S. Air as a flight attendant, which she indicates on her Income and Expense Statement to have ended on June 4, 2003. According to her Income and Expense Statement, WIFE earned $23.59 per hour in this position. Her highest annual wage during the marriage was $31,565, which she earned in 1999 while employed as a secretary for AMP, Inc. where she was employed from April 6, 1998, through her voluntary termination on January 24, 2000. She has a B. S. in sociology which she received in June 2004. She has no known disability or medical condition which would impair her earning capacity. IX. COUNSEL FEES AND COSTS The parties shall each be responsible for their respective attorney's fees. HUSBAND paid $195.50 in filing fees and $395 in costs for the appraisal of the defined benefit plan. X. PERSONAL PROPERTY Personal property from the marital home has been divided by the parties in a fashion satisfactory to each of them. XI. PROPOSED RESOLUTION HUSAND proposes: A. No alimony payment to WIFE. B. 50/50 distribution of marital assets and marital debt. C. Each party pay their own counsel fees. D. Each party promptly execute Affidavits of Consent and Waivers of Notice of intention to Request Entry of a Decree in Divorce. E. Immediate termination of the Spousal Support Order via which WIFE has been paid in excess of $25,000 over forty seven (47) months following a marriage of only 39 months duration. Date: 91dP3 :218131 STEWART & WEIDNER VERIFICATION I, Edward L. Hawley, do verify that the statements made in the foregoing Pretrial Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: f?3 Ald,-/ 1A ?f Edward L. Ha r COMMA RTE OF SERVICE AND NOW, this 181h day of September, 2003, the undersigned does hereby certify that she did this date serve a true and correct copy of the foregoing Pretrial Statement upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the date indicated above, to the following persons: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 EDWARD L. HAWLEY, Plaintiff V. MARNI A. HAWYLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 99-4196 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): X (a) I do not oppose the entry of a divorce decree. _(b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): - (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees of expenses if I do not claim them before a divorce is granted. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses of other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If 1 fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further delay. 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. 4904 relating to unsworn falsification to authorities. Date: Ccj??,-, 1 O , 2003 a ti t? . ?L??% Marni. Hawley, Defendant 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. EDWARD L. HAWLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 99-4196 MARNI A. HAWYLEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, attorney for the Defendant, Mami A. Hawley, hereby certify that 1 have served a copy of the foregoing Defendant's Counter-Affidavit on the following on the date and in the manner indicated below: U.S MAIL, FIRST CLASS, PRE-PAID Melissa Peel Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Date: /d lp-03 JAMES, SMITH, DIETTERICK & CONNELLY By: Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 Cl John onn lly, Jr., Esquire Att fo efendant >- : 1 ??. C. f._ ;,- ;_r r>, CiS ?n ' i. r-- i iJ C3 l.1 .> ?.)