Loading...
HomeMy WebLinkAbout99-07173 IN THE COURT OF COMMON PLEAS CUMBERLAND OF Q11 i STATE OF ;'?•t+.?? 'n MELINDA S. WEARY, Plaintiff _.. . Versos BRYAN D. WEARY, Defendant COUNTY •°• 0 PENNA. i n 93 .. 19 t x...9.9...-..7....17..7- .._ DE CRE E IN D IVO RC E i i i i i is i,. v AND NOW. ........rn Gt^?..? .l ....... , a<qx• 2002 it is ordered and decreed that .......,,Melinda S. [decry . da S .............................. Plaintiff, r an D Wear and ...... B...Y.....:......Y ................................... defendant, are divorced from the bonds of matrimony. The attached Matrimonial Settlement Agreement is incorporated herein. The court retains iurisdiction of the following claims which have been raised of record in this action for which a final order has not yet o been entered; ........................................................................... o By Th urt. t :• ... ._. _. ... . .. .s Atlcat: ?( + J t i Prothonotary I? S OJ ??1 ci ?<<??i</ x l? s? ?r#irE+1 D'lu Y 'IRp t?:t SET TPLE?4E_Nr yAGREEMENT MATRIMONIAL wlQ by and THIS AGREEMENT, made this 11fh day of M h, 2002, between MELINDA SUE WEARY, ter referred to as "Wife", and hereinafter BRYAN DOUGLAS WEARY, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Wife and Husband were lawfully married on December 2, 1988; and WHEREAS, certain differences have arisen between the parties of which they have separated and now live separate as a result therefore, apart from one another, and are desirous, of entering into an agreement which will provide for their mutual of the marriage responsibilities and rights growing out relationship; and WHEREAS, Wife, after being properly advised by her attorney, Herschel Lock, and Husband, after being properly advised by his attorney, Thomas J. Williams, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: - 1 - 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place' or places as she or he may from time to time choose or deem fit. 2, INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if she or he were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the ;i other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, fj separate and apart from the other. -' -l; P 3, WIFE'S DEBTS: wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to wife that since the - 2 - .....:...... .:.. I separation he has not, and in the future he will not, contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement each party waives her or his right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, its supplements and amendments. Subject to the provisions of this Agreement, each party has released, discharged, and by this Agreement does for herself or himself, and her or his heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to the Divorce Code. 6. DIVISION OF PERSONAL PROPERTY: All personal property, household furnishings, furniture - 3 - and the like, as well as stocks and bonds, savings, retirement accounts or pensions of any sort, any other personalty presently in the possession of each party shall remain the sole and exclusive property of that party. 7. DIVISION OF REAL PROPERTY: Wife and Husband agree that contemporaneously with their execution hereof Wife hereby releases all of her right, title and interest in and to the marital home known and numbered as 1850 Pine Road, Newville, Cumberland County, Pennsylvania, to Husband in return of his payment of her of Forty Thousand ($40,000.00) Dollars, said payment to be made by her with thirty (30) days of the date hereof. 8. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of ar_y claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Wife and Husband further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. 9. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES: Wife and Husband acknowledge and agree that the - 4 - provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. The provisions of this Agreement dealing with alimony, alimony pendente lite, counsel fees, spousal support and the like are intended by the parties to be in full and complete satisfaction of any statutory marital rights or obligations of the parties. 10. TAX RAMIFICATIONS: The parties have negotiated this Agreement with the understanding and intention to equally divide their marital property. The parties have determined that such equal division conforms to all rights and just standards with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute or in any way be a sale or exchange of assets. It is understood that the property transfer described in this Agreement falls within the provisions - 5 - "i9® of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 11. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of her or his property in any way, and each party hereby waives and relinquishes any and all rights she or he may now have or hereafter acquire, under the present laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 12. SUBSEQUENT DIVORCE: A Complaint in Divorce has been filed by Wife. Wife and Husband each agree to sign contemporaneously with their execution hereof an Affidavit of Consent and Waiver of Notice of Intent to File for Divorce to be filed in said divorce action. The parties further agree that each of them shall be responsible for their own attorneys fees. In the event such divorce is - 6 - concluded, Husband shall be entitled to receive a copy of the Decree In Divorce for the normal fee charged by the Prothonotary. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which shall be incorporated by reference into the Divorce Decree but, notwithstanding such incorporation, this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 13. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at her or his option, remedies or relief as may be available to her or him, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be required to give full force and effect to the provisions of this Agreement. 15. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect - 7 - have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 16. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or understandings other than those expressly set forth herein. Wife and Husband acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property or for alimony, alimony pendente lite, counsel fees or costs by any court of competent jurisdiction pursuant to the Divorce code or any other laws. Wife and Husband each voluntarily and - 8 - t! 1 1 j intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 17. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 18. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 19. APPLICABLE LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. 20. 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 or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force - 9 - and operation. 21. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 22. INTERPRETATION: For purposes of interpretation, this Agreement shall be deemed to have been jointly drafted by the parties hereto. 23. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of anv of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. . . WITNESS: L JDA SUE WEARY 13RY GLAS WEARY - 10 - AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) On this, the day of /?%M // 2002, before me, a Notary Public, the undersigned officer, personally appeared MELINDA SUE WEARY, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public "MANALSEAL --... CONN7 L FAKN-m$TDGf, N k!ry PAk Ha.'rLWrp, Dau* C" A'7 Co d 501" Mor V 269! AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA I SS: COUNTY OF 5*f5PSiN C?rn?,u?..D.ntl On this, the V1 day of ?0 2002, before me, a Notary Public, the undersigned officer, personally appeared BRYAN DOUGLAS WEARY, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Pub is N=En TRICIA D. Eublic Carlisle P,nty mmi004 MELINDA S. WEARY, Plaintiff VS. BRYAN D. WEARY, Defendant IN THE COURT OF CQNVON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under section 3301 (c) AlX(K 4U of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service by Defendant's attorney - December 10, 1999 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 April 12, 2002 by the defendant April 17, 2002 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 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 ?j`Q Herschel Lock, Esq Attorney for Plain tiff /Dacftmdant i 'i I, a? U O p MELINDA SUE WEARY, Plaintiff V. BRYAN DOUGLAS WEARY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :49-7/73 CIVIL TERM Q IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, 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 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MELINDA SUE WEARY, Plaintiff V. BRYAN DOUGLAS WEARY, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . '»- 7173 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301fc1 OF THE DIVORCE CODE NOW comes the plaintiff, Melinda Sue Weary, by her attorney, Marcus A. McKnight, III, Esquire, and files this complaint in divorce against the defendant, Bryan Douglas Weary, representing as follows: 1. The plaintiff is Melinda Sue Weary, an adult individual residing at 201 York Street, Apartment #8, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Bryan Douglas Weary, an adult individual residing at 1850 Pine Road, Ncwville, Cumberland County, Pennsylvania 17241. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on December 2, 1988 in Carlisle, Pennsylvania. 5. Therc have been no prior actions of divorce or for annulment between the parties. 6. 'I'Iiere were nvo (2) children born to this marriage: Britton Douglas Weary, born February 21, 1989, age 10 years, and Devon Bryan Weary, born July 21, 1990, age 9 years. 7. pursuant to the Divorce Coda Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage bGweciz the parties is irretrievably broken. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiffdetnands judgment a. dissolving the marriage between the two parties; b. equitably distributing all property, both personal and real, owned by the parties; and c. legal fees, and d. for such further relief as your Honorable Court may deem equitable and just. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, HUGHES By: e?f Atto ev for Plaintiff 60 West ret Street Carlisle, Pennsy v 013-3 (717) 249-2353 Date: November 26,1999 Supreme Court I.D. No. 25476 VERIFICATION The foregoing Complaint in Divorce is based upon infonnation which has been gathered by my counsel and me in the preparation ol'this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, infonnation and belief: 1 understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. *1ELINDA SUE WEAR ' Date: November 26 , 1999 MELINDA SUE WEARY, Plaintiff V. BRYAN DOUGLAS WEARY, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and 1 participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 26 ,1999 MELINDA S. WEARY, Plaintiff VS. BRYAN D. WEARY, De f endant TO THE PROTHONOTARY : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 CIVIL ACTION - LAW rj IN DIVORCE )'S ACCEPTANCE OF SERVICE I hereby certify acceptance of service of the foregoing Divorce Complaint. DATED: December 10, 1999 --TLk d-t- V \f It 4-? THOMAS J. W IAMS, ESQUIRE Attorney fo Defendant 10 E. High Street Carlisle, PA 17013 (717) 243-3341 ?I f? i Ir c r ; 4 .. 0 i.: ?? o U . I MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7173 BRYAN D. WEARY, CIVIL ACTION - LAW Defendant IN DIVORCE t AFFIDAVIT OF CONSENT Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, MARYBETH K. JACKSON, who, being duly sworn according to law deposes and says that: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to autho ities. Date: B9YPN D. WEARY Sworn to and subsribed befnor,,e^:gma this /7" day of UPu 2002. 0 Cjg'4otary Pub : c NOTARIAL SEAL TRICIA D. ECKENROAD, Notary Public Carlisle Rom- Cumberland County My Como- ,_ion Expires Oct. 23, 2004 } Jl r O: .? ? ? / ? ? _ _ (?)3 '? , _ - .% i .. _ C.. ?_ . ?. 1 W ?. `- ' ?? `'; u , ,? c MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS i Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7173 BRYAN D. WEARY, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. y• I understand that fI ma ees oloexpenshtsif It claimny, division of property, lawyranted. them before a divorce is granted. 3. I understand that I will not be divorced until awdivorc bee decree is entered by the Court and that a copy of the decree ill sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 related to unsworn falsification to authorities. DATED: V17 140-a BRY WEARY ?i. rt } ca I II MELINDA S. WEARY, Plaintiff VS. BRYAN D. WEARY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT I, BRYAN D. WEARY, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. 1 understand that the Court maintains a list of marriage counselors in the Domestic Relations office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4909 relating to unsworn falsification to authorities. BR D. WEARY Sworn to and subsc ibed before me this /If' day ofafAJ 2002. ???,ctc .?. (I?eSdiyto? L Notary Pu lic NOTARIAL SEAL L'Cfk.r ICIA D. ECKENROAD. Notary Public lisle Boro., Cumberland County Ca ssin Ex 'res OcL 23, 2004 ?. J o? C 1.?: •(^ L '? `' ? ??.: .. = J _, - ? . __ c- t i.??, ?-- N .7 .' ::? U MELINDA S. WEARY, Plaintiff VS. BRYAN D. WEARY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, MELINDA S. WEARY who, being duly sworn according to law deposes and says that: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 29, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 4/12/02 _26ZoLZ&L?- MELIINDA S. WEARY Sworn to and subscribed before me this day of April 2002. Notary Public FlOTARIAI, SERI .,.... " N&Al Fti+Yc Att. Q" dm 500 ? 9004 C r r - i4 .1LU p U ? r MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7173 BRYAN D. WEARY, CIVIL ACTION - LAW Defendant IN DIVORCE ` WAIVER OF NOTICE OF INTENT TO REQMST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 related to unsworn falsification to authorities. i i DATED: 4/12/02 2A ME IND S. WEARY r.:.- ri =1 LLJ N U p U MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7173 BRYAN D. WEARY, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT I, MELINDA S. WEARY, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to i the penalties of IS Pa. C.S. Sec. 4909 relating to unsworn falsification to authorities. Sworn to and subsc ibed before me this /;Z; day of April 2002. Notary Public HOTAMAL SVI CON,A7 L FAWE-SFOCK N*Iry /Rbk Hamsbur0, DouWft COWY My Cm trr w E*m May 72,20= /' i/ M LINDA S. WEARY i '`s f MELINDA SUE WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 7173 CIVIL BRYAN DOUGLAS WEARY, Defendant IN DIVORCE TO: Marcus A. McKnight, III Attorney for Plaintiff Thomas J. Williams Attorney for Defendant DATE: Thursday, November 9, 2000 CERTIFICATION J( 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. November 20, 2000 `k u an. "' ^ DATE COUNSEL FM PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( X) 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. 47 O d , 2000 .;.r MELINDA SUE WEARY, Plaintiff VS. BRYAN DOUGLAS WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7173 CIVIL IN DIVORCE ORDER URT AND NOW, this day of 2000, both counsel having failed to return the cer ification document to the Master's office which was dated May 5, 2000, certifying the status of discovery, the appointment of the Master is vacated. cc: Marcus A. McKnight, III Attorney for Plaintiff Thomas J. Williams Attorney for Defendant BY THE COURT, Afgl fer, P.J. aS ,1 ??5 .,., ? ?r i, L MARTSON DEARDORFF WILLIAMS & O'rTO MI 9NFllM1AT10N •AUVIf.F.•Al1SlR.ACY TtiN Fwsr Hlon S•na?.ln' CARLISIY.. PENNSYLVANIA 17013 TEILI'HONR (717) 243-3341 FACSIMIM (717) 243.1850 INI'F.RNEr WWIV.RRIWOXOM E: Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 November 20, 2000 A'1-IURNI:YS & COUNSEL 1 ORS AI LAW WILLIAM G MAICISON JoUN D. Fow ILi1111 tiDWARD L. SCNORN' .. DANIEL K. Dwtvoiur . TIImms J. WILLIAMS No V. OtTo III Gww-a- H. FAILER Jll.•. CARI. C. Rlso I n I:NIAMIN-1. WARNER MARK A. DINLINGER . ` ' •11<WRD CLRUIVrn CIVIL TRIAL SrFOAtlW RE: Melinda S. Weary v. Bryan D. Weary No. 99-7173 - Cumberland County C.C.P. Our File No. 6297.5 Dear Mr. Elicker: Enclosed please find our Certification that discovery is complete. Enclosure a cc:. Marcus A. McKnight, Esquire (w/enc.) F.\FILFSDATAFILDt llr.cufAl415-m.1 I N F O It M A T 1 O N • A D v 1 C L • A D V O C A C Y 'M t MAR'rsoN DE.ARDORFF WILLIAMS & O"1-1'0 IyIL??XIO IhfOR\IATION • AUYIf.E • AU\YICACY TEN EASr 1-IIOF1 STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243.3341 rACSIMILE (717) 24371850 INTERNET YYAYw.Indwu.COln ATTORNEYS LL' COUNSELLORS AT IAW - WILLImi F. MARTsoN JaDN B. FOWLER III Enu•ARD L. ScHORPT DANIEL K. DEARDORFF •rl10MAS J. WILLIAMS` No V. Otto 111 - GrOROE B. FALLER JR.• CARL C.Rlscn MARK A. DENLiwER '110ARD CERTIFIED CIYILTPIAL SPECLAUfT . June 27, 2001 E. Robert Elicker, II, Esquire Office of Divorce Master. 9'North Hanover Street Carlisle, PA 17013 RE: Melinda S. Weary v. Bryan D. Weary No. 99-7173 - Cumberland County C.C.P. Our File No. 6297.5 Dear Mr. Elicker: Enclosed please find our Pre-Trial Statement in the above referenced matter. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. iiiamIS41- TJW/ajt Enclosure cc: Hershel Lock, Esquire (%v/enc.) F %FILESWATAFILEGmhr cw%62971 ne 2 1 NFO RMATION •-ADVICE •. ADVOCACS's}I MELINDA SUE WEARY, Plaintiff VS. BRYAN DOUGLAS WEARY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 CIVIL TERM CIVIL ACTION - LAW ACTION IN DIVORCE PRAECIPE FOR ENTRY OF PROTHONOTARY: Please enter my appearance on behalf of Plaintiff in the above referenced matter. DATED: 1001 4 "/" ? HERSCHEL LOCK, ESQUIRE Attorney for Defendant 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court No. 22691 f'S m -5 j _ -... r r-. :-1 =%C ?. o 51 HERSCHEL LOCK Attorney at Law 3107 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110.1310 (717) 2386661 FAX 238.5288 February 15, 2002 E. Robert Elicker, II, Esq. Office of the Divorce Master 9 N. Hanover Street Carlisle, PA 17013 RE: Weary Divorce Dear Bob: As a follow up to my recent telephone call to your office, I would tell you that Tom Williams and I, as attorney for Mrs. Weary and Mr. Weary respectively, wish our divorce hearing scheduled for February 19, 2002, to be generally continued. We make this request inasmuch as we believe the parties will be able to reach an amicable conclusion to economic matters and, if so, we will be able to memorialize them in a Matrimonial Settlement Agreement. After having the document executed by them, it is my understanding you wish two copies of it sent to you after which time you will vacate your appointment as Master to allow Tom and me to finalize the divorce. Thanking you for your help and cooperation, I am Sincerely, Herschel Lock HL/cf CC: Tom Williams, Esq. Melinda Weary ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT /?.ez. 00.7173 601- O Original Onter/Nulicn llb CoState./CityIDISL of CUM tomm. ofCUMof BERLLAND AND lvania megSy oa qao ?)// 3 o Amended OrriedNolicr 7 Date of Order/Notice 03/20/01 O Terminate Onler/Notice Court/Case Number (See Addendum for case summary) Employe rM'ithhol<ier's Federal EIN Number CARLISLE HOSPITAL & HEALTH SER Employer/Withholders Name 246 PARKER ST EmployLdWithholder's Address CARLISLE PA 17013-3618 )M ACELA, DALE E. EmployealOhligor's Name (Last, Flrsl, NIII > 172-46-4679 Employee/Obligor's Social Sucudly Numlxv 1108100641 Employee/Obligor's Case Identifier (See Addendum for plaintiff names assodated with cases on attachment) Cuslalial Parent's Name (Last, FiN, N11) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 411. 00 per month in current support $ o. Oct per month in past-due support Arrears 12 weeks or greater? (Dyes O no $ o. oo per month in medical support $ o . oo per month for genetic test costs $ per month in other (specify) for a total of $ 411.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. if your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 94. as per weekly pay period. $ 1&9.69 per biweekly pay period (every two weeks). $ 2o5. so per semimonthly pay period (twice a month). $ 411. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1.877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. DRO: RJ ShaddayME-rd"ID BY THE COURT: xc: deferdant 7 Q/ Date of Order: ;larch 21, 2001 S . E. OuIdO JUDGE Form EN-028 Service Type M oue No.: 097" 154 Worker ID $IATT E.nlmton nano: 1113100 1 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDER ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State lasv against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each entployee%obligor. 3.* -Reporting-the-Paydate/Date-of-Withholding-You-must-mportthcpaydate/dateofwithholding-whensendingthe-payment-The- paydate/datrofwithholding-isthecfatenn-tvhichamountwaswithheld-from-thremployee's-wages.. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.- Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 23 3.3521610 EMPLOYEE'S/OBLIGOR'S NAME: ACELA DALE E. EMPLOYEE'S CASE IDENTIFIER: 1108100641 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7, Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9,. Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 41673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION p-0, BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 940-6248 or by Internet 0 Page 2 of 2 Service Type m 0.sruNo.:0970.0154 t.pfmfon D.I. 12/3 IMO Form EN-028 Worker ID $IATT - --- - .1 t ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ACELA, DALE E. PACSES PACSES Case Numher o24102943/xJ3Lf7 Case. Number Plaintiff Name Plaintiff Nam KENNETH S. ACELA Docket Attachment Amount Docket Attachment Amount S 0.00 00-7173 CIVILS 411.00 DOB Child(ren)'s Name(s): Childhen)'s Name(s): ? If checked, you are required to enroll the child(ren) identified above to any health insurance coverage avatlable through the employee's/obligor's employment. PACSES Case umber Plaintiff Name Docket Attachment Amount y 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PAGES Case Number Plaintiff Name Docket Attachment Amount g 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in through the employees/ohealth blgort's employment. age available DOB ? If checked, you are required to enroll the child(ren) identified through the employees/ohealth insurance bligors employm ent. se available PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in through the employee s/obligor's employment. available health insurance coverage PACSES Case Number Plaintiff Name DoEket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child(ren) available identified h e above employees/ohealth insurance bligor's employment. through Addendum Form EN-028 Worker ID $IATT Service Type m oeB na:BOro-ws4 Gpio,bn U1.. I V31100 1 i cal ? - -' l. ? I LIB I _- ?% o u MELINDA SUE WEARY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-7173 CIVIL TERM BRYAN DOUGLAS WEARY, CIVIL ACTION - LAW Defendant ACTION IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff in the above referenced matter. DATED: ?C)"/( HERSCHEL LOCK, ESQUIRE Attorney for Defendant 3107 North Front Street Harrisburg, PA 17110 (717) 236-6661 Supreme Court No. 22691 -? w -?.? ._? _, _,? _ _? J ., _ ii7 ?% . y- -- 11 ` ? ..7 V __? ?.-.. MARTSON DEARDORFF WILLIAMS & OTTO MDW&O INII?WIAI4N.AIM 1'?AIMYAIY TEN EAST HIGH STREET CARLISLE. PENNSYLVANIA 17013 MELINDA S. WEARY, Plaintiff BRYAN D. WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE. 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Bryan D. Weary, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) Counsel for Plaintiff waived the 20 day waiting period. MARTSON DEARDORFF WILLIAMS & OTTO L~ 1 w az .--. Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: December 21, 2001 FARLF ATAIILM.kC.N2V17-?2 Craed 12Q!M 101424M kcv cd I J01N1111401 A. 11 MELENDA S. WEARY, Plaintiff V. BRYAN D. WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the copies that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. ' iams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: December 3, 2001 MELINDAS. WEARY, Plaintiff V. BRYAN D. WEARY, Defendant TO: at: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 IN DIVORCE You may deliver or mail legible copies of the documents or produce things requested by this subpoena, togetherwith the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Attorney's Name: Thomas r Qrn7amc Esgmire Identification Number: 1751 _ _, , Telephone NumberiM Attorney for: Defendant BY THE COURT: DATE. December 21, 2001 (Prothonotary) Seal of the Court Within twenty (20) days after service of this subpoena, you are ordered by the court to Emalovment/o ?rso*nneal records n?o Melinda S. Weary, e the following documents or things: MELINDA S. WEARY, Plaintiff V. BRYAN D. WEARY, Defendant TO: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 : IN DIVORCE You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: inor?? Attorney's Name: Identification Number: 75t 9nA i'n12 Telephone N, Attorney for: BY THE COURT: By DATE (Prothonotary) December 21, 2001 Seal of the Court Within twenty (20) days after service of this subpoena, you are ordered by me cou« <u the following documents or things nEmntovmeUd er 3961 rSSN 163 Melin 230, S. ) , MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7173 BRYAN D. WEARY, Defendant IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center. Attn.: Human Resources. 500 University Dr Hershey. PA 17033 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to : the following documents or things: Emgl_oyment/oersonnel records of Melinda .9- Wean, at: The Law Offices of Martson Deardorff Williams & Otto 10 East High Street Carlisle PA 17013 at 9:00 a.m. on January 25, 2002. You may deliver or mail legible copies of the documents orproduce things requested by this subpoena, togetherwith the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Attorney's Name: Thomas J. Williams Esquire Identification Number: 17519 Address: Ten Fast High Street. Carlisle PA 17013 Telephone Number:(717) 243-3341 Attorney for: Defendant BY THE COURT: By DATE. December 21, 2001 (Prothonotary) Seal of the Court MELINDA S. WEARY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7173 BRYAN D. WEARY, E Defendant IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Harrisburg Area Community College. Attn: Transcripts. One HACC Drive. Harrisburg. PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to the following documents or things: The complete student record of Melinda S. Weary. 201 at: The Law Offices ofMartson Deardorff Williams & Otto. 10 East High Street. Carlisle. PA 17013 at 9:00 a.m. on January 25. 2002. You may deliver or mail legible copies of the documents orproduce things requested bythis subpoena, together with the certificate ofcompliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Attorney's Name: Thomas J. Williams. Esquire Identification Number: 17519 Telephone N Attorney for: DATE December 21, 2001 Seal of the Court BY THE COURT: By (Prothonotary) ti CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Notice was served this date bydepositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hershel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO (:B a D. Eckenroad JJ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 3, 2001 CERTIFICATE OF SERVICE 1, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Notice was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hershel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO Y is D. Eckenroad ' Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 21, 2001 r Li ,?:: ?¢ _•? -tea } j( i VJ L IL =' o v n ar r+: :!j' MELINDA S. WEARY, Plaintiff VS. BRYAN D. WEARY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please withdraw all counts in the above referenced matter other than the divorce. DATED : l? ? L d el HERSCHEL LOCK, ESQUIRE Attorney for Plaintiff 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 l Supreme Court No. 22691 DATED : THOMAS J. W IAMS, ESQUIRE Attorney fo Defendant 10 E. High Street Carlisle, PA 17013 (717) 243 -334 1 3 C [? Vi'i' G J lJ :LLI a hl ? c v MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-7173 BRYAN D. WEARY, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Plaintiff's Social Security #163-66-6230 Defendant's Social Security #210-44-6101 ? DATED: 4/18/02 ESQUIRE HERSCHEL LOCK, Attorney for Plaintiff 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court No. 22691 W ZA)g?l VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL/ ACTION - LAW NO. qq l 7/7 I L 19 IN DIVORCE Pi r l STATUS SHEET DATE: /G. Zsc. c_ ACTI/VIITIE6: //rr ?? pr?,w{ ?Cecdncb? ' I (1c??, G?r.Ce c?eeM Q f/ ? ^ ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. CIVIL IN DIVORCE STATUS SHEET DATE: ACTIVITIES: 19 I`??i???Y? ? f?l,''?. ?; •/•?Sfl i? ?tl ?1 ''-•. .J w i.??'??i r/? ?i? Jr' ? v?11 - ,? f'L. 1.._cc ct?/?vr l r ?.•.../ t_.??tcc P??1: 7n r_ s 1/ A ?"?-? (;• c ,:._c_eCt,.....f ! -.n ? 11.,E <.Y ../?V;-r ?'n.... vs.?j}?t/ ./,n.C I?II??? V'15?t 1?'?•/""I '"' ?L???+J Iv/"-'1'? K16F. ?I'-off - -??? ?? ???'1 ?r? W< i ` DO L? • _FP_OiN'?J ? 0 o .m. ?? 1` l MELINDA SUE WEARY, Plaintiff Vs. BRYAN DOUGLAS WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7173 CIVIL IN DIVORCE TO: Marcus A. McKnight, III , Attorney for Plaintiff Thomas J. Williams Attorney for Defendant DATE: Friday, May 5, 2000 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. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 7173 CIVIL BRYAN D. WEARY, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Tuesday, November 27, 2001 Present for the Plaintiff, Melinda S. Weary, is attorney Herschel Lock, and present for the Defendant, Bryan D. Weary, is attorney Thomas J. Williams. Mr. McKnight filed the complaint and related petition raising economic claims; Mr. Lock has entered his appearance but we have no record of Mr. McKnight withdrawing his appearance. Mr. Lock is going to contact Mr. McKnight to file the appropriate praecipe to withdraw his appearance of record. This action was commenced by the filing of a divorce complaint on November 29, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel have advised that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The complaint also raised economic claims of equitable distribution and counsel fees. On May 1, 2000, Plaintiff wife filed a petition raising additional economic issues of alimony and alimony pendente lite. Counsel have advised that they do not anticipate offering any testimony with regard to the factor of marital misconduct as that factor may affect wife's alimony claim. Wife is 31 years of age and resides at 201 York Street, Apartment 8, Enola, Pennsylvania, where she lives with the two minor children of the marriage. We are not certain as to her income as Mr. Lock is going to file an income statement within two weeks of today's date. Mr. Williams thought that wife had been pursuing an RN degree; however, from information we have today, it appears as if wife is working now as a teacher's aide at Cumberland Valley School District. At the time that a support order was entered in September 1999, wife's income was determined to be $1,150.00 per month net. We also have a question as to the status of health insurance inasmuch as wife was directed to continue to I. ?.1 i provide insurance for the family and husband was to pay her a sum of money to cover the cost of that insurance. However, Mr. Weary has been inquiring of wife as to the status of the health insurance and is not able to get an answer from wife; therefore, Mr. Weary has secured medical insurance for himself for which he is incurring an expense. Mr. Lock is going to immediately communicate with Mr. Williams about the status of the health insurance issue. Wife is receiving for spousal support and child support, based on the order entered in September 1999, the sum of $550.00 per month from husband. Wife has not raised any health issues. Husband is 37 years of age and resides at 1850 Pine Road, Carlisle, Pennsylvania, where he lives alone. He is a high school graduate with specialized training welding. After a conference at the suppl income from his self-employed earnings was set at $28,000.00 gross annually. The support conference was held on September 21, 1999. Mr. Lock has indicated that he believes husband has more income than he is reporting; however, Mr. Lock has not been able to determine precisely how he can address the allegation that husband's income is under reported. Mr. Lock has requested that Mr. Williams provide a year-to-date summary of Mr. Weary's earnings for the year 2001. Mr. Weary has not raised any health issues. About eight months prior to the marriage husband bought a property at 1850 Pine Road, Carlisle, Pennsylvania, where he is currently residing. He improved the property substantially prior to the marriage. Mr. Williams had an appraisal by Larry Foote showing a value as of the date of marriage of $129,000.00. Mr. Lock is going to inquire into the value that has been assessed by Mr. Foote to see if he can agree to that number. The house has never been deeded into joint names so it remains a non-marital asset and we are looking at the increase in value from date of marriage to date of separation. On December 14, 1999, Steven Barrett did an appraisal of the property and reported a value of $180,000.00. Consequently the increase in value based on these two numbers would be $51,000.00. The $51,000.00 number would be the marital interest in the non-marital asset. We have an issue regarding some bank accounts that were apparently held for the benefit of the two minor children. Both counsel have attempted to get information on the accounts from PNC Bank but have not been successful. Mr. Lock continues to inquire about the status of the accounts and whether monies were put in and subsequently withdrawn by husband. Mr. Lock is going to contact PNC Bank again to try to obtain information about the accounts.. Mr. Williams did provide Mr. Lock a release allowing Mr. Lock and his client to make inquiry with the bank about the accounts. Mr. Weary, as noted, has a construction business and Mr. Lock is going to have to determine whether he wants to place any value on any of the equipment that is of a marital nature in the business. Counsel were talking about a pickup truck, skid loader, and a trailer which Mr. Williams has indicated are non-marital. Mr. Lock needs to determine whether or not there are any marital assets associated with the construction business which he needs to have appraised and include in the equitable distribution computation. Wife has a 1995 Ford Aerostar which is a marital vehicle. Husband alleges the Aerostar, which is wife's vehicle, is worth $5,725.00. Husband has a 1997 Ford F350 pickup truck which had lien of approximately $10,000.00 which was paid off and the vehicle currently, without lien, has a value of $12,500.00. Counsel have indicated that there is no issue with regard to household tangible personal property and that there are no marital debts. A hearing is scheduled for Thursday, February 21, 2002, at 9:00 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master CC: Herschel Lock Attorney for Plaintiff Thomas J. Williams Attorney for Defendant i MELINDA SUE WEARY V. BRYAN DOUGLAS WEARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 120. 99 - 7173 CIVIL. ACTION - LAW 112 DIVORCE ORDER AND NOTICE SETTING HEARING TO: Melinda Sue Weary Plaintiff Herschel Lock Counsel for Plaintiff Bryan Douglas Weary Thomas J. Williams Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce 1•11aster, 9 North Pennsylvania on the .__ciay Hanover Street, Carlisle, _215t-- of Fcbruary_ 2002 at aL rauci: place and time you will. he given the opportunity to present witnesses and exhibits in support of your case. By t e C rt, rge E. Hoffer, Date of Order and Notice: 11/27/01 President Judge Divorce Master By: 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 GE'L' LEGAL HELP. COMBEIPLANH COUNTY I3AN AtiSOCIA'I'ION ? L1RIi RTY AVENIH: J'iOl 'I'F: I(H1(1:,1 ('i iY) /•i ;loo MELINDA SUE WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 7173 CIVIL BRYAN DOUGLAS WEARY, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Herschel Lock Thomas J. Williams , 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 29th of November, 2001, at 9:00 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 10/3/01 E. Robert Elicker, II Divorce Master MARTSON DEARDORFF WILLIAMS & OTTO TEN EAST HIGI I STREET ' CAROSLE. PENNSYLVANIA 1]01} MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7173 BRYAN D. WEARY, Defendant IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE, 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Bryan D. Weary, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) certificate, (3) (4) the notice of intent to serve the subpoena. Date: ' I 3 1 acvb a copy of the notice of intent, including the proposed subpoena, is attached to this no objection to the subpoena has been received, and the subpoena which will be served is identical to the subpoena which is attached to MARTSON DEARDORFF WILLIAMS & OTTO By ?'?'*r- VvlC?l Thomas J. Wil a , Esquire Ten East High eet Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant '1 F.WMWVIATAFIIPC.mdoa..eA2975-.a1 Oumd M=719: 414 AM K"-*.d OMA 19:59:59 AM MELINDA S. WEARY, Plaintiff V. BRYAN D. WEARY, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TIIIN .S FOR DISCOVERY PURSUANT TO RULE 4009.21 COD Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7173 IN DIVORCE MARTSON DEARDORFF WILLIAMS & OTTO BY?? V yA. Thomas LWAliams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: May 24, 2000 Allomcys for Defendant MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7173 BRYAN D. WEARY, DIVORCE Defendant SUBPOEllN SCOVERYDPURSUANT TO RU E 4009.22GS FOR TO: Pinnacle Health Hos ital Attn: Payroll Dept.. PO Box 8700, Harrisburg, PA 17105 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to nrnduce the following documents or things: Emglo?Rnen -Inl "or gqN 1Is of Mlinda 63-66-6230 me udme You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. ena thin twen If you fail to produce the documents e or may seek a court subporder colmpel ling you to days after its service, the party serving this subpoena comply with it. This subpoena was issued at the request of the following person: Attorney's Name: Thomas 1 ?7/U&Dla ASnl?l? S t ? Identification Number: Address: Ten East High e>rPPt t arli?le PA 17013 _ Telephone Number rat 71943 3341 Attorney for: Defendant BY TH 4otho DATE -Ma , (P94 vnnrt Seal of the Court -IN CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Notice was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013-3222 MARTSON DEARDORFF WILLIAMS & OTTO Tn D. Eckenroad East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 24, 2000 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Marlson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Certificate was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 1 70 1 3-3222 MARTSON DEARDORFF WILLIAMS & OTTO I Tr'cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 23, 2000 _ a?;' ; r ? ? c, ? ? -.. ? ? . ,?? ,. =' ? "'' c? ? _??; L? ` ? J ?. ?i r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELINDA SUE WEARY Plaintiff Va. BRYAN DOUGLAS WEARY NO. 99-7173 CIVIL 19 Bryan D. Weary a master with respect to th (X ) Divorce ( ) Annulment (X ) Alimony claims: , moves the court to appoint (X) Alimony Pendente Lite and in support of the motion states: ( X) Distribution of Property ( X) Support ( X) Counsel Fees ( X) Costs and Expenses (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested,-. ain - £f her (2) The UL?tx hasi £hazx appeared in the action (Vzccan ~ (by lift attorney, Marcus A. McKnight ,Esquire). (3) The statutory ground(s) for divorce (is) (are) irretrievable breakdown (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) :97tKtxhbaxhe?oaeeohedcxfdbfixRRtiReRZxCR9otliS?c *W2TW14tXd1t W:%x (c) The action is contested with respect to the following claims. All of the above. (5) The action -"JyRg? (does not involve) complex issues of law or fact. (6) The hearing is expected to take _______j QiA (days). (7) Additional information, if any. relevant to the motion: r Date: November 3, 2000` Attorney fo jRladmZJM2c Thomas J. Williams (Defendant) AND NOW Esquire, is appointed master with respect to the following claims: C?;,o )1R- 00 By the Co ?J `C 't w4Y 01 G' 'D L? c _ o r y ? U it MELINDA SUE WEARY, Plaintif plaintiff vs. BRYAN DOUGLAS WEARY Defendant IN THE COURT OF COMl?ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7173 CIVIL TERN IN DIVORCE MOTION FOR APPOT_=zL`TT OF 2LJI MELINDA SUE WEARY (Plaintiff) 7W ), moves the court to appoint a master with respect to the following claims: ( X) Distribution of Property ( X ) Divorce ( ) Annulment (X) Support ( X) Alimony ( X ) Counsel Fees ( x) Alimony Pendente Lite ( X ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) 060gc(J appeared in the action (personally) (by his attorney, Thomas J. Williams Esquire) (3) The statutory ground(s) for divorce (is) (are) following claims: Divorce (c) The action is contested with respect to the following claims: Alimony Alimoney Pendente Lite Distribution of Property. Sunnort Counsel Fee: costs 6 Expenses. (5) The action (involves) (does not involve) complex issues or law or fact. ? (days) . (6) The hearing is espected to take (7) Additional information, if any. relev to th motion: Date: May 1, 2000 ?,tt me laintiff) ORDEK AX ULVLL:I? Es ? 4ui_ Y AND NOW e, is appointed mast with respect co the following claims: By [1 5-a -O o RKS (b) An agreement has been reaciea w3.cn rr5?r?? ., ?- ? > ?: - ,, - _; ?. _. __.. MELINDA SUE WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 7173 CIVIL BRYAN DOUGLAS WEARY, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Herschel lock Melinda Sue Weary Counsel for Plaintiff Plaintiff Thomas J. Williams Bryan Douglas Weary Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 9th day of May, 2001, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II April 2, 2001 Divorce Master MARTSON DEARDORFF WILLIAMS & OTrO '.9DW INFORMATION • ADVICE • ADVOCACY TEN FAST HIGI1 STREET CARLISLE. PENNSYLVANIA 17013 TELEPHONE (717) 243.3341 FecsjmILE (717) 243-1850 INTERNET V w.mdwo.com September 17, 2001 ATTORNEYS & COUNSELLORS AT IAW WILLIAM F. MARTSON JOAN R. FOWLER III EDWARD L. $CIIORI'P DANIEL IC. DFARDORFF THOMAS J. WILLIAMS IVO V. OTTO 111 GEORGE R. FALLER JR.' CARL C. RISCII MARK A. DENLINGER 'RMRD CERTIFIED CIVILTRIAL SPECIALISE t E. Robert Elicker, II, Esquire :i Office of Divorce Master 9 North Hanover Street ' Carlisle, PA 17013 1 RE: Melinda S. Weary v. Bryan D. Weary No. 99-7173 - Cumberland County C.C.P. Our File No. 6297.5 Dear Mr. Elicker: , 2001, Herschel Lock and I met with you, together with our clients, for purposes On May 9 reached of a settlement conference. Unfortunately, the parties have not a settlement and so we are requesting that you schedule a Pre-Hearing Conference. This will certify that we have provided all of the information that we had in response to Plaintiff s request. Although my Our Pre-Trial Statement, was filed on June 27, 2001. files do not reflect receiving a Pre-Trial Statement from Plaintiff, the parties have now been separated for over two years and we want to conclude the divorce. If you would set a date for a Pre-Trial Conference, it would be greatly appreciated. Very truly yours, I MARTSON DEARDORFF WILLIAMS & OTTO. Thomas J. illiams TJW/tde ce: Herschel Lock, Esquire F IFILWDATAFILL Grnlv.cuP6I9Tbm: I sM INFORMATION • ADVICE • A D V 0 CACY, DA S. WEARY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7173 BRYAN D. WEARY, CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT AND NOW, comes Plaintiff, Melinda S. Weary, by and through her attorney, Herschel Lock, Esquire, and files this Pre-Trial Statement under Pa. R.C.P. 1930.33 (b) as follows: I. MARITAL ASSETS: a. Increase in value of marital residence known and numbered as 1850 Pire Road, Newvi11e, PA during the marriage. b. Child's/Childrens' bank ancounts depleted by Husband. C. Vehicles d. Various construction ecuipment purchased by Husband during the marriage. II. NON-MARITAL ASSE'T'S. a. The value of marital residence orior to date of marriage b. Husband's construction business. III. DEBTS a. Mortcage on marital residence. IV. EXPERT WITNESSES: a. Allen Weintock, CPA, who will discuss Husband's 2000 Tax Return as it relates to his actual earning or earning capacity. b. Stan A. Skowronek or Steven W. Barrett, real estate appraisers, who wi'_'_ testify as to value of the marital residence at the date of separation (12/99). C. Rey Woof, real estate appraiser, who wi11 testify as to the value of the marital residence as of the date of marriage V. FACT WITNESSES: a. Plaintiff b. Defendant VT. 'EXHTBT^_'S• a. W-`e's present nav stub. b. 30th parties Federal _.-.come Tax Returns for 2000, 1999 and 1998. C. Marital bank statements. d. Child's/Chztcrens' park statements. e. Ray Woof's appraisal report. f. $_an A. Skowronek/Steven W. Barrett appraisal report. VII. INCOME: a. Husband is a long time self-emploved contractor who provided his accoLntant with t^e financial information regarding his business used to prepare his Tax Return. Tt4 s thought that _he tax return is not re'lect'ive of Husband's actual earring or even the approx'mate-v $29,000 vear'_v `-come he might agree to be assessed. b. w'_?e works as a tezo11 1 aid `or th School e C+_,mberland Valley District VT_TT, EXPENSES: a. W"e's are attached hereto. ?. Husband's unkrown. TX. PENS_CY.: None X. COUNSEL FEES AND F=NSES -VD L7MOn+v. T- T_r._Cht be appropriate -0r -sbarr 7;0 CO..'__DL„e t0 P71-e s course! -fees and expenses and to pay her alimony. XT. PERSON LTV: --ready divided between X11. PROPOSED RESOLUmON: a. Husband to pay wife a reasonable l,1mp sum based upon the value of the marital Dort--'or of the - ome, the mor_=es Husband too{ __C^ -^eir Chi'_d'SI ^.__C_erS' bat^..`{ aCCOL+rtS an,; Other assets o-f his bL'eiress or of Heir marriage. DATED: /I ?4r Respect=u'_'_v sLbm_-led, ,?,/( R `'SLT. T.OCK, ESQUIRE .3107 N. Front Street Harr'sburg, ?A 171=0 (717) 239-6661 Supreme Court 1D No. 22691 :=torrey for ?!girt`-f-f, '?__MA S. „EA?v YET MARTSON DEARDORFF WILLIAMS 6t OTTO 1yiI?WO Inrnwnnw •Mma•MmaA..T _ TEN Fx*dHlunb'rR¢Er . .•, ?i :; CARLISLE, PENNSYLVANIA 17013 JUN 2 9 2001 MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7173 BRYAN D. WEARY, Defendant IN DIVORCE HUSBAND'S PRE-TRIAL STATEMENT AND NOW, conics Defendant, Bryan D. Weary, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Pre-Trial Statement under Pa. R.C.P. 1930.33 (b) as follows: 1. ASSETS: i. Marital Assets. a. Increase in value of marital residence during the marriage. ii. Non-Marital Assets. a. The marital residence is located at 1850 Pine Road, Carlisle, PA. It was bought by Husband on May 13, 1988, seven months prior to this marriage and is titled in his name. b. Prior to the marriage, Husband was and still is a self-employed contractor and has a variety of tools that he has used for his business. including a pick- up truck, skidloader and trailer, which are non-marital. II. EXPERT WITNESSES: a. Larry E. Foote, Diversified Appraisal Services, see report attached showing the fair market value of the residence to be S129,000.00 on the date of marriage. b. Stan A. Skowronek and/or Steven W. Barrett, S. W. Barrett Real Estate and Appraisal Services, see report attached showing the estimated market value of the marital residence to be S 180,000.00 as of December 14, 1999. III. FACT WITNESSES: a. Timothy Weary, if necessary, will testily that he has repaid Husband for a loan of S30,000.00. b. Bryan Weary IV. EXHIBITS: a. 2000 Federal Income Tax Returns for both parties; b. Photos of the marital residence construction; Husband has work in progress photos. Completion photos believed to be in possession of Wife. C. A compilation of the work perfomied on the marital residence; d. Marital bank statements. e. DevenWeary's batik statements dated Aprill, 1999 through Scpteniber3O,l999 and October 1, 2000 through March 31, 2001; f. A compilation of materials used to renovate the marital residence; g. Receipts for materials used to restore the marital residence; It. Appraisal of Steven W. Barrett; j Appraisal of Larry Foote; k. Cumberland County tax appraisal for the marital residence; 1. Kelly Blue Book values for Husband's truck and Wife's van; m. Deed to 1350 Pine Road, Newville, Cumberland County, PA; n. Original and subsequent mortgages; o. Settlement sheets of the above mortgages; and p. Monthly bank statements from Husband's business. V. INCOME: a. Husband is a self-employed contractor and his income varies. b. See the parties' 2000 Federal Income Tax Returns. 1 V1. F•XPENSES: Husband's Schedule C of his 2000 tax return is attached. As Husband is a self-employed busin essman, his income and expenses are itemized on Schedule C. VII. PENSION: i None known VIII. COUNSEL FEES: Not applicable. IX• PERSONAL PROPERTY: This is not an issue as the parties have divided the personal property. X. MARTIAL DF,BT: a. Mortgage on marital residence. b. On the date of separation, S 10,000.00 was owed to PNC Bank for Flusband's car. Husband paid off after separation. There was no debt for Wife's car. XI. PROPOSED RESOLUTION: a. 530,000.00 to Wife for a full and complete settlement of the divorce. MARTSON DEARDORFF WILLIAMS & OTTO , BY Thomas J. Willi, 4151, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Ce ?2 8 161 Attorneys for Defendant ; -s CER•riF1CATE OF SIERVICE 1, Tricia D. Eckcnroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Husband's Pre-Trial Statement was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 233-6661 Dated: ( Z&f 2OV MARTSON DEARDORFF WILLIAMS & OTTO GYTricja D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 the Label Your not name and initial last name 210-44-6101 1 L A BRYAN D WEARY Spouse s stxlbl aeourlry number (^strucllons.) B Ilajoinlretum, spwse's gist name and initial Last name E Use the IRS L label. Apt. no. NanBaddrasslre+n?su°°tleyouhrveeP.Otw..aaeinmw,om a IMyou PORiANeI Otherwise, please print E 1850 PINE ROAD your SSN(s) above. ns ti or type. R . o City, ttmn or past oRice, state, and ZIP code. Ir you have a foreign address, see instruc E NEWVILLE PA 17241 You Spouse Presidential Election Campaign ' Note. Checkin0"t'es"veil not change your Wa or reduce your refund. ?E] •(os [RJ No E]Yos No ouse it filing a joint return, want $310 go to this fund? (See instNdions. Do you, to your sp 1 X Single Filing Status 2 Married fling )dint return (even if only one had income) 3 Married filing separate return. Ent., spouses ssN Obme 6 hdl,umehenW ing person). (See Instructions.) If qualifying person is a child but not your dependent, ualif ith d y q (w 4 Head of househol Check only one box. - enter this child's name here. See instructions.) widow(er) with dependent child (year spouse died ). )• ( lif i i ng y 6 Qua on 1 Yourself. If our parent (or someone else) can claim you as a dependent on his or her tax 1 No. co o/ ach." bows 6a X Y J a Haab ons Exempt return, do not check box 6a b Spouse .. . ... ....... . . . . . . . ....... ?n No. of View a R,1 fa a iII"u?. cNldnn on ae d,l (sesimh.). •'g°' Dependents: lslFlnt none Lost rums • llvsd withyou more than six • did not liv"th you due to divorce d dependants, onapu+llen pee instnenon.) .- see instructions. Dependents on 6c net entered abor. ??• pd"numbers anon" on Iina+above ? • d Total number of exemptions claimed • • 0 Income 7 Wages, salaries, tips, etc. Attach Form(s) W2 ...... • • .. • • • . • • ..... . . • 7 72 . . Be . • Be Taxable interest. Attach Schedule 8 if required ......... Attach b Tax-exempt interest. Do not include on line 8a ...... 9 0 6b Forms W2 and . 9 Ordinary dividends. Attach Schedule B if required ................. . .. 10 hare. 10 Taxable refunds, credits, or offsets of stale and local income saxes (see instructions) . . . 11 1 Also Also attach =orm(s) 1099-R t 11 Alimony received ......................... 12, 196 . 6 If tax was 12 Business income or (loss). Attach Schedule C or C-EZ ................ 13 0` El 0 k h withheld. ere 13 Capital gain or (loss). Attach Schedule D if required. If not required, chec 14 14 Other gains or (losses). Attach Form 4797 . • . • • . • . • 15a b Taxable amount (see inst.) 15b ( did not 15a Total IRA distributions .... • • • ' 16a b Taxable amount ( see inst.) 16b O get a W-2, get see instructions. 16a Total pensions st annuities ies ........ 7 0 17 Rental real estate, royalties, partnerships. 5 corporations, trusts, Bice Attach Schedule E Enclose, but do 6 ; 18 Farm income or (loss). Attach Schedule F ... . . .................. . . 19 • • . . . not attach, any 19 Unemployment compensation ....... - • ' ' • I b Taxable amount (see inst.) 20b payment. Also, 2Da Social security benefits .. 20a 0 21 please use 21 Other income. List type and amount (see instructions) - - - - - - - - - - - - - - - - - - - 2u 12 Form 1040•V. , 22 22 Add the amounts in the far right column for lines 7 through 21. This is ourtotal income O 23 IRA deduction (see Instructions) .............. 23 Adjusted 24 Student loan interest deduction (see instructions) . . . . 24 Gross 26 Medical savings account deduction. Attach Form 8853 . 25 0 t Income 26 Moving expenses. Attach Form 3903 ............ 26 862 27 One-half of self-employment lax. Attach Schedule SE ... 27 28 Self-employed health insurance deduction (see instructions) 28 0 r 29 Self-employed SEP, SIMPLE, and qualified plans ..... 29 0 30 Penalty on early withdrawal of savings ........... 30 S? 31 31a Alimony paid b Recipient's SSN s- 31a . 32 862 ....... 32 Add lines 23 through 31a ..................... . . ? 406 It, 33 0 6 33 Subtract line 32 from line 22. This is our adjusted gross income . ( Form 1 ..,. e... n?o.u,n,N Reduction Act Notice, see instructions.. n W VARY 210-44-6101 Forml0;Ot2000) - tlnrnw _ . .. . .. . Tax and 34 Amount from line 33 (adjusted gross income) • ....... . . older, ? Wind. 75a Check IF. ? You were 65 or older, [] Blind; Spouse was 65 , ? 35a 0 Add the number of boxes checked above and enter the total here . . MAI Credits le if you are married fling separately and your spouse itemizes deductions, or > 35b ? standard you were a dual-status alien, see Instructions and check here .. . Deduction for Most 36 Enter your itemized deductions from Schedule A, line 28, or standard deduction eduction If you checked any . or 35b or if som oine can clind you standard depe dent . • ons People box on lio the ne left. ut sea Single: 37 Subtract line 36 from line 34 ............... • • • . • . ' ' ' ons exem $4,400 yy 96 or less claime 38 line 6d.IIfiline 34 is0overr $96,700 Psee th Owarksheet inlthe nstrucr a s forithe am undo enter Head of household: 39 Taxable Income. Subtract line 36 from line 37. If line 381s more than line 37, enter -0 . . • $8,450 40 Tax (see instructions). Check if any tax is from a n Form(s) 8814 b Q Form 4972 jointly or Oualdying ' 41 Alternative minimum lax. Attach Form 6251 ... • • • • • • • • • • ::: ,? 42 widow(er); $7,350 42 Add lines 40 and 41 ................... , , ..... 43 Attach Form 1116 if required dit 0 , r ed m . 43 Foreign lax cre 5 44 Credit for child and dependent care expenses. Attach Form 2441: 44 R l d 1 a separately: e u 45 Credit for the elderly or the disabled. Attach Sche 46 .... $3,675 46 Education credits. Attach Form 8863 ......... 47 0 f 47 Child lax credit (see instructions) • ' ' ' ' . . , 48 n"c .. 48 Adoption credit. Attach Form 8839 .... . • • ,.?7.,i 49 k if from a Form 3800 b [] Forth 8396 :• . Ch a0 0 4f ec 49 Other. 0 Q Forth 8801 d Form (specify) ... ' ' . 50 50 Add lines 43 through 49. These are your total credits .... 50 is more than line 42, enter •0- . 61 Subtract line 50 from line 42. If line • ' 52 ' 52 Self-employment lax. Attach Schedule SE ............ ....... orted to employer. Attach Form 4137 53 Other 53 Social security and Medicare tax on tip income not rep Attach Form 5329 if required d MSAs 54 Taxes . 64 Tax on IRAs, other retirement plans, an ments from Form(s) W-2 ..... • .. • • . . * ' * . a dit 55 . . . 66 y p 55 Advance earned income cre . • . ' ' ' 56 Household employment taxes. Attach Schedule H ......... • . • • .......... hi? 57 .. 57 Add lines 51 through 56. This is our total tax .......... . 56 -a 0 58 Federal tncome lax withheld Pram Forms and 10 . . ments and amount t ap applied from m 1999 1999 r return 59 a 0 0 y 59 2000 estimated tax p 60 a 60a Earned Income credit (EIC) ....... unt nc l ld ' n ... b Nontaxable earned income: amo ---- S u ,d u l and type ?------------------------ cess social security and RRTA tax withheld (see instructions) 6 E x 61 62 62 Additional child tax credit. Attach Form 8812 .... • • . . 63 n to file (see instructions) . i 0 «?) . l 3 o 63 Amount paid with request for extens k if from a ? Form 2439 b ? Form 4136 64 h 0 ? ec 64 Other payments. C These are yourtotal payments .. • • h 64 65 1' 65 . ee ndrl lines 50.59.60a, and 61 throug 66 If line 65 is more than line 57, subtract line 57 from line 65.This is the amuum Y°u.,«.,r.... Refund P. Have It 67a Amount of line 66 you want refunded to you directly ? c Type: E] Checking Savings deposdedl ? b Routing number Seelnsbuclions and 0- d Account number fill In 67b, 67c and 67d 68 Amount of line 6 i you want applied to your 2001 estimated tax ? 6 4,400 2,800 4,206 4 0 0 357 e 65 from line 69 If line 57 is more than line 65, subtract tin 57. This is theamountyou owe. 69 2. ! - ,i ? Amount For details on how to pay see instructions Y? 1 0 y«- f:*-g'f•.ir.?= '.,. YOU Owe 70 Estimated tax penalty. Also include on line 69 examined thereluma i 70 ndaccompanying schedules and stateme nts and to the best of my tin edge any kn preparer has n al vMlch l SI9n Under penalties or per)ury,t declare lhallhave cone I. and complete. DeUaration of preparer are true the f li than taxpa Your yer) Is based occupation on all Informa ro phone number Daytime Here , y , e be Your signature SELF EMPLOYED Kee 110aa. See t sign. Date Spouses signature. If ajoint return, both mu Spouses occupation Mari M1e IR54iacusslhiaroM below bemn pr.parerslxf«n yes Keepa coPwpY for your rhxk if n Preparers SSN or PTIN Paid s9naturee F ours Preparer's Firm's name (or it sell•emplolfeJly. Use Only atldress, an ZIPP Coe no. Form 1040 (2000) - _ . ._ SCHEDULE C Profit or`Losi From Business We No. 15e5e074 (Form 1040) (Sole Proprietorship) ^ 000 DeprtmM of Me Treasury ? Partnerships, joint ventures, etc., must file Form 1065 or Form 1065-B. 1 Intemal fl w srviu (99) ? Att ch to Farm 1040 or Form 1041. ? Soo Instructions for Schedule C (Form 1040). Afle ,meOnt pg Name of proprietor Social security number (SSN) BRYAN D WEARY 210-44-6101 A Principal business or profession, Including product or service (see Instructions) B Enter code from Instructions Construction ? 233200 C Business name. line separate business name, leave blank. D Employer ID number (EIN), It any BRYAN D WEARY CONSTRUCTION E Business address (including suite or room no.) ? 1850 PINE ROAD City, town or post office, state, and ZIP code NEWVI EEE -- M__ PA --- _117-91 72 ----------- F Accounting method: (1) Q Cash (2) L] Accrual (3) L] Other (specify) ? _ _ _ --------- ------- ------ G Did you "materially participate" in The operation of this business during 200071("No," see Instructions forlimit on losses ----- XD Yes n No H If you started or acquired this business during 2000, check here ........................ ... .... ... ? Income 1 Gross receipts or sales. Caution: If this income was reported to you on Form W-2 and the "Statutory employee' box on that form was checked, see instructions and check hero ........... . ? ? 1 124,546 2 Returns and allowances .. ......................................... 2 3 Subtract line 2 from line 1 ............................... .... .. ..... 3 124,546 4 Cost of goods sold (from line 42 on page 2) ............................. . ... 4 100,370 5 Gross profit Subtract line 4 from line 3 ............................. ....... . 5 . ... 24 , 176 6 Other income, Including Federal and state gasoline or fuel tax credit or refund (see instructions) 6 7 Gross Income. Add lines 5 and 6 ............................... ..... ? 7 24 , 176 O +)_. Expenses. Enter expenses for business use of vour home oniv en fine :m - 8 Advertising ........... 8 2,157 19 Pension and profit-sharing plans . 19 9 Bad debts from sales or services (see Instructions) 9 20 Rent or lease (see instructions): a Vehicles, machinery, & equipment 20a 146 10 Car and truck expenses b Other business property .... 20b (see Instructions) ....... 10 0 21 Repairs and maintenance 21 2, 188 1 Commissions and fees .... 11 ... 22 Supplies (not Included in Part III) . 22 529 12 Depletion ........... 12 23 Taxes and licenses ....... 23 '3 Depreciation and section 179 expense deduction (not included 24 Travel, meals, and entertainment: a Travel IMA 24a in Part III) (see instructions) .. 13 0 b M l d 4 Employee benefit programs ea s an en- tertainment . 0 (other than online 19) ... 14 E t d d 5 Insurance (other than health) 15 2, 24 0 c n er non e uc- tible amount 6 Interest sir included on line 24 b (see instr.) 0 a Mortgage paid to banks, etc.) . 16a d S b - u tract line 24c from line 24b 24d 0 b Other . ............ 16b 25 Utilities 25 719 ...... . 7 Legal and professional i 26 Wages (less employment credits) 26 serv ces ............ 17 300 27 Other expenses (from line 48 on 8 Office expense ......... 18 page 2) ......... ..... 27 3,701 8 Total expenses before expenses for business use of home. Add lines 8 through 27 in columns . .... ? 28 11, 98 0 '.9 Tentative profit (loss). Subtract line 28 from line 7 ......................... . .... 29 12, 196 0 Expenses for business use of your home. Attach Form 8829 .................. . .. ... 30 0 1 Net profit or (loss). Subtract line 30 from line 29. e If a profit, enter on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees, see instructions). Estates and trusts, enter on Form 1041, line 3. 1 31 1 ! 12, 19 6 1 - it a loss, you must go on to line 32. 32 If you have a loss, check the box that describes your investment in this activity (see instructions). l • (statutory f you checke2a, enter the loss on orm 1040, line 12, and also on Schedule SE, line 2 I 32a EJ All investment is at risk. employees, see instructions). Estates and trusts, enter on Form 1041, line 3. J • If you checked 32b, you must attach Form 6198. 32b E] Some investmeni is not at risk. KIA For Paperwork Reduction Act Notice, see instructions. Schedule C (Form 1040) 200D Schodu:e C (Form 1040) 2000 BRYAN D WEARY 210-44-6101 Page 2 A 14,. Cost of Goods Sold (see instructions) 33 Methods(s) used to value closing inventory: a ? Cost b F-1 Lower of cost or market c ? Other (attach explanation) 34 Was there any change in determining quantities, costs, or valuations between opening and closing inve lanation "Yes " attach ex ntory? If ?Yos ? No ................. . . ..................... p , . .. ... 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation .... 35 36 Purchases less cost of items withdrawn for personal use . . . ..................... 36 37 Cost of labor. Do not include any amounts paid to yourself . . ........... .......... 37 23,996 38 Materials and supplies . ................ . . . ........... .......... 38 76,374 39 Other costs ... . . .. ................ . . . ........... .......... 39 40 Add lines 35 through 39 . ................ . . . ..................... 40 100,370 41 Inventory at end of year ................. . . ............ .......... 41 42 Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on page 1, line 4 ..... 42 100,370 Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 10 and are not required to file Form 4562 for this business. See the instructions for line 13 to find out if you must file. 43 When did you place your vehicle in service for business purposes? (month. day, year)?__________________. 44 Of the total number of miles you drove your vehicle during 2000, enter the number of miles you used your vehicle for: a Business -__________--____ b Commuting ________________ c Other ________--_ 45 Do you (or your spouse) have another vehicle available for personal use? ................. .... ? Yes ? No 46 Was your vehicle available for use during off-duty hours? . . . ........................... ? Yes ? No 47a Do you have evidence to support your deduclion7 ..... . . ........................... ? Yes ? No to If "Yes " is the evidence written7 ............. . . . ........... ................ ? Yes ? No P$ft! Other Expenses. List below business expenses not included on lines 8-26 or line 30. REFUNDS 2,396 -------------- - ----------------------------------------------- MISCELLANEOUS 70 -------------------------------------------------------------- FUEL/OIL 1,235 -------------- - ----------------------------------------------- -------------------------------------------------------------- -------------- - ----------------------------------------------- -------------------------------------------------------------- -------------- - --- -------- --------- - -------------- ------------------------------------------------ 48 Total other expenses. Enter here and on page 1, line 27 ... . . 48 3,701 KIA Schedule C (Form 1040) 2000 SCHEAULE SE Self-Employment Tax =Atta? FOrim 1040) See Instructions for Schedule SE (Form 1040). DePntmed d the Treasury 11- Attach to Form 1040. Internal Revanua eervx/ reel ) Social securily number of person Name of person with self-employment income (as shown on Form 1040 with selecunty ymant income ? 210-4 4 -6101 BRYAN D WEARY Who Must File Schedule SE You must file Schedule BE if: • You had net earnings from self-employment from other than church employee income (line 4 of Short Schedule SE or line 4c o Long Schedule SE) of $400 or more, or Is enot mployee income o of $108.28 or mSee ore. Income from services you performed as a minister or a member o a • rr fig had church Note. Even if you had a loss or a small amount of income from self-employment, it may be to your benefit to rite Schedule SE and use either "optional method" in Part II of Long Schedule BE. See instructions. Exception. If your only self-employment income was from earnings as a minister, member of a religious order, or Christian Science practitioner and you filed Form 4361 and received IRS approval not to be taxed on those earnings, do not file Schedule SE. Instead, write "Exempt-Form 4361" on Form 1040, line 52. May I Use Short Schedule SE or Must I Use Long Schedule SE? Did You Receive Wages or Tips in 2000? Yes VI Are you a minister. member of a religious order, or christen not to be taxed Yas Was the total of your wages and Ups subject to social secunry or railroad retirement tax Plus your net earnings from Yos Science on earnings from them sources, ut you owe self-employment self.employmenl mare than $76,2007 tax an other earnings? No No Are you using we of the optional methods to figure your net Yes Yes earnings (see instructions)? No Did you receive tips subject to nodal security or Medicare tax No that you did not report to your employer? Did you receive church employee income reported on Form W-2 or $10020 or more? Yes _ No You Must Use Long Schedule SE on Page 2 You May Use Stint Schedule SE Below Section A-Short Schedule SE. Caution: Read above to see if you can use Shoff Schedule SE. t farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K-1 (Form N 1 0 e 1 1065), line 15a r (loss) from Schedule C. line 31; Schedule C-EZ, line 3; and Schedule K-1 (Form 1065), bers t f d o mem i 2 Net pro line 15a (other than farming); and Schedule K-1 (Form 1065-8), box 9. Ministers an See instructions for other this line t 12,196 . on of religious orders, see instructions for amounts to repor 2 income to report .. • • • ... ' ' ' ' . ' . 3 12, 196 3 Combine lines 1 and 2 ....... • • • . • • • .. ' ' ' ' ' . . ' . t earnings from self-employment. Multiply line 3 by 92.35% (.9235). If less than $400, ? . . . N 4 11,263 e 4 do not file this schedule; you do not owe self-employment tax .... ........ . 5 Self-employment tax. If the amount on line 4 is: Enter the result here and on 1 153) 3% 5 1,723 . (. 200 or less, multiply line 4 by 15. • $76 { , Forth 1040, line 52. J multiply line 4 by 2.9% (.029). Then, add $9,448.80 to the 200 $76 • t E ^'r j ca d r - r w7 {, s' ,l' £ ?' A , , More than result. Enter the total here and on Form 1040, line 52. elf-employment tax. Multiply line 5 by 667 f lf } ? y l . s o 6 6 Deduction for one-ha lt here and on Form 1040, line 27 0 50% .5 . Enter the resu S chedule SE (Form 1040) 200 KIA For Paperwork Reduction Act Notice, see instructions. emm ¦IArt?10 T DETACH HERE AND MAIL WITH YOUR PAYMENT T Form 1040-V (2000) ---------------------------------------------------- Payment Voucher m ®L?,Qa.V 0 2 Enter your social security number f epnal Revenue Sewsw (99) I. Do not staple or attach this voucher to your payment. I 2u Intarnalunt oath rea 1 1 Enter the fuel four letters of your last name W E A R 4 It a joint return, enter the SSN shown second an that return 210-44-6101 5 Enter your name(s) BRYAN OMB No. 1545-0074 7 Enter the amount you are paying by check or money order $ 2,357 D WEARY Enter your address 1850 PINE ROAD Enter your city, state, and ZIP code NEWVTLLE PA 177d1 KIA ................................................................. 0000914143 PAYMENT AMOUNT $ 344.00 MAKE CHECK OR MONEY ORDER PAYABLE TO THE PA DEPT. OF REV. DEPARTMENT USE ONLY m I Luau ralv? 1%Vhu NEWVILLE PA 17241 PLEASE DO NOT USE YOUR 0000114140 ?J LABEL PA40 B 2000 PAGE IOF2 210.44-6101 WE EX 0 RS R WEARY BRY AN D A 0 FS S FY 0 1850 PINE ROAD SC 21050 NEWVILLE PA 17241 PN 717-486-4800 1A 0.00 19 0.00 1C 0.00 2 72.00 3 0.00 4 12196.00 5 0.00 6 0.00 7 0.00 8 0.00 9 12268.00 10 0.00 11 12268.00 12 344.00 ---------------------------------------------, PLEASE FOLD PAGE ALONG THIS LINE Local Information. Enlerwhere you lived as of 12/31100 Extension, (Mark This Space) School District: Big Spring Amended Return. (Mark This Space) School Code: 21050 Fiscal Year Filer, (Mark This Space) County. CUMBERLAND Type Filer. (Fill-in only one circle) Municipality: PENN TWP S X Single Residency Status. (Mark the Correct Space) J Married, Filing Jointly R X Resident M Married, Filing Separately NR Nonresident F Final D Deceased P Part Year Resident From: Date of Death: To: la Gross Compensation, from PA Schedule W-2S, or your Forms W2 or other statements ....................... .................... la 0 - 00 lb Unreimbursed Employee Business Expenses, from PA Schedule UE .................................................... .................... lb 0.00 1c Net Compensation. Subtract Line ib from Line ta ................................................................................. .................... to [).Oil 2 Interest Income. Complete and enclose PA Schedule A if over $2,500 . .................................................. ................... 2 72-00 3 Dividend Income. Complete and enclose PA Schedule B if over $2.500 ................................................ .................... 3 0.00 4 Net Income or Loss from the Operation of Business. Profession, or Farm .............................................. .................... 4 12196. 00 5 Net Gain or Loss from the Sale, Exchange, or Disposition of Property . ................................................... ................... 5 0.00 6 Net Income or Loss from Rents, Royalties, Patents, or Copyrights. ........................................................... ................... 6 - 0.00 7 Estate or Trust Income. Complete and enclose PA Schedule J ............................................................... ................... 7 0.00 8 Gambling and Lottery Winnings . ............................................................................................................. ................... 8 . all 9 Total PA Taxable Income. Add only the positive income amounts from Lines 1 c, 2, 3, 4, 5, 6, 7, and 8. DO NOT ADD any losses reported on Lines 4, 5, or 6 ............................................................................. ................... 9 12268-00 10 Contdbulions To Your Medical Savings Account. See the instructions . ............................................ ................... 10 11- 0 0 11 Adjusted PA Taxable Income. Subtract Line 10 from Line 9 . ............................................................... ................... 11 12268.00 12 PA Tax Liability. Multiply Line 11 by 2.8% (0.028). Also enter on Line 13, Page 2 . ............................ ................... 12 344-00 EC FC 0000114140 = 0 0000114140 J 0000214148 PA40 2000 PAGE 2 OF 2 WEARY BRYAN D 210-44.6101 13 344.00 14 0.00 15 0.00 16 0.00 17 0.00 18 0.00 19 0.00 20A 00 20b 00 21 0.00 22 0.00 23 0.00 24 0.00 25 0.00 26 0.00 27 0.00 28 0.00 29 344.00 30 0.00 31 0.00 32 0.00 33 0.00 34 0.00 35 0.00 36 0.00 37 0.00 13 Total PA Tax Liability. Enter your tax liability from Line 12 on Page 1 .......................................... .... 13 344 -00 14 Total PA Tax Withheld, PA Schedule W-2S, or your Forms W-2, or other statements ............ .... 14 0.00 15 Credit from your 1999 PA Income Tax Return ............................ 15 0.00 16 2000 Estimated Installment Payments ................................. 16 11-1111 17 2000 Extension Payment ........................................... 17 0-00 18 Nonresident Tax Withheld on your PA Schedule(s) NRK-1 .................. 16 .00 19 Total Estimated Payments and Credits. Add Lines 15, 16, 17, and 18 ...................... .... 19 0.00 Tax forgiveness Credit Complete lines 20a, 20b, 21, and 22. Read instructions. 20a Filing status: UnMamied or Separated Marred Deceased .............. .... 20a 20b Dependents, Part B, Line 2 PA Schedule SP ........................................... .... 20b 21 Total Eligibility Income. Part C. Line 11, PA Schedule SP ................................. .... 21 .110 22 Tax Forgiveness Credit from Part D, Line 16, PA Schedule SP ............................. .... 22 .00 23 Total Credit for Taxes Paid to Other States or Countries. Enclose your PA Schedule G or RK-1.... .... 23 O - 00 24 PA Employment Incentive Payments Credit. Enclose your PA Schedule W, RK-1 or NRK-1 ..................................................... .... 24 .00 25 PA Jobs Creation Tax Credit, from enclosed certificate or PA Schedule RK-1 or NRK-1 .......... .... 25 .011 26 PA Waste Tire Recycling Investment Tax Credit, from enclosed certificate or PA Schedule RK-1 or NRK-1....................................................... .... 26 .110 27 PA Research and Development Tax Credit, from enclosed certificate or PA Schedule RK-1 or NRK-1..................................................... .... 27 .00 28 TOTAL PAYMENTS and CREDITS. Add lines 14, 19 and 22 through 27 ..................... .... 28 O - 00 29 TAX DUE. If Line 13 is more than Line 28, enter the difference here .......................... ... 29 344-00 30 OVERPAYMENT. If Line 28 is more than Line 13, enter the difference here .................... ... 30 0.00 31 Refund -Amount of Line 30 you want as a check mailed to you ........................ 31 - 00 32 Refund 32 Credit-Amount of Line 30 you want as a credit to your 2001 estimated tax account ................ - 00 33 Donation -Amount of Line 30 you want to donate to the Wild Resource Conservation Fund ..... ... 33 .00 34 Donation -Amount of Line 30 you want to donate to the U.S. Olympic Committee, PA Division... ... 34 .00 35 Donation -Amount of Line 30 you want to donate to the Organ Donor Awareness Trust Fund .... ... 35 . 110 36 Donation -Amount of Line 30 you want to donate to the KoreaNielnam Memorial, Inc .......... ... 36 .00 37 Donation -Amount of Line 30 you want to donate to Breast and Cervical Cancer Research ..... ... 37 - CIO Th e total of lines 31 through 37 must equal line 30. enan penamu NpeWn.11+0 adm that I I•el Mr. rnmminf Nn mvm. mcluaing nl,ccompanrne sm.awn and s4bm.mu.and Is IM Ma a mr local polar loss an teen. Coned, and Complete. Your 5,gnaese pale Yow OCwpalen SELF EMPLOYED Spauso's Sgnatur,d reline pinny Data Spouse's o"Wallon Preparer or Company Name, other than taxpayer(s) Preprn or Company Name (Please Print) to Told"m romper signature of the prepardr (opoonal) 0000214148 0000214148 , j 6 PA SCHEDULE C-F 6001514140 J Reconciliation PA-40C-F(09.00)7nnn ONLY YP V cY,x?, mr,• v...-. -.. ADJUSTING FEDERAL BUSINESS EXPENSES FOR PA TAX r-Soctal Eal Security Nu a 'shown on your PA tax return: 210-44-6101 BRYAN D i Id Determining Nat income or Loss for PA Income Tax Purposes. Read the Instrucuons. If you have another business, profession, or farm, you may make photocopies of this schedule or make your own schedules in this formal. If you choose to start with your Federal Schedule C or F to determine your taxable Income or loss for PA purposes, complete this schedule. Adjust your federal business Income and expenses for PA Income tax rules. Under PA law, you determine net Income or loss from the operation of a business, profession, or farm usin generally accepted principles and practices. Listed below are some of the most common differences (adjustments) between PA and federal rules. PART A. IdenOficatlon Information. Enter the name and address of your business, profession, or farm. Also enter your Federal EIN and, if applicable, your PA Sales Tax License Number. c?..i,..,-1? Cndarnl Irl NumbeC Business Name: See Attached Schedule C-F Worksheet PART B. Receipts from Business Activity. 1, 1. Gross receipts or sales from your federal schedule ................................................. 2 2. Returns and allowances from your federal schedule ................................................ 3 ?3. Realized gross receipts or sales from your federal schedule (Line 1 less Line 2) .......................... 4. Additional income or loss. See instructions. Itemize income and sources: Total 5. 5. Cost of goods sold and/or operations from your federal schedule ...................................... 6 6. Gross profits. Total Lines 3 and 4. Then subtract Line 5 ............................................ PART C. Business Expenses. 7 7. Allowable business expenses from your Federal Schedule C or F ...................................... PART D. Adjustments for PA Income Tax Purposes. See Instructions. You must make the adjustments for the expense categories printed In bold letters, If you incurred that type expense. 8. 8. Business meats and entertainment ............................................................. 9. 9. Sales Tax on depreciable assets .............................................................. 10. 10. Charitable contributions for business purposes ................................................... 17 11. Uniform capitalization (other than federal lax accounting) under GAAP or FASS .......................... 12 12. Depredation, if electing a generally accepted method different than used for federal purposes ............... Depreciation method: 13 ,13. Wages for the Federal Jobs credit. (Add this amount if deducted on your federal schedule) ............... Filing tip. You must subtract amounts on Lines 14 through 18 if you used these expenses to determine your allowable business expenses an your federal schedule (Line 7 above). 14 14. Wages for PA Employment Incentive Payments Credit and PA Jobs Creation Tax Credit ............... 15 15. Payments for owner pension, profit-sharing or deferred Income plans .............................. 16 16. Taxes based on gross or net Income and other unrelated taxes .................................... 17 17. Payments for owner health and welfare benefit plans ........................................... 18. 18. Expenses for PA Research and Development Tax Credit and/or PA Waste Tire Recycling Investment Tax Cretlh... 19. Other adjustments for differences between PA and federal expenses. Itemize and explain in detail. Enter the net total on Line 19. 19. 20. Total adjustments. Add Lines 8lhrough 19 and enter the net amount here ............................. 20. 21 21. Total allowable PA Business Expenses. Add Lines 7 and 20. Enter the net amount here ................. . PART E. Net Profit or Loss for PA Income Tax Purposes. 22. SUBTRACT Line 21 from Line 6. Enter the income or loss here and include on your PA•40. Line 4. LO 22 12, 196 If you realize a net loss, please fill in the oval ...................................... 0001514140 0001514140 J PA-0O-C-FFA SCH. C-F RECONCILIATION WORKSHEET The business or farm activity reported on this copy of the Schedule C Worksheet if for: © Self ? Spouse Is this activity taxable in PA? ? Yes ? No lame(s) as shown on your PA-40: BRYAN D WEARY _ Business Name BRYAN D WEARY CONSTRUCTION Business Address Telephone Number 1850 PINE ROAD _ & State Zip Code NEWVILLE PA 17241 210-44-6101 Federal EIN: 210-44-6101 PA Sales License # 1 Gross receipts or sales ...................................... . 2 .................................... Returns and allowances . . 3 Realized gross receipts or sales from fed sch (In 1 - 2). 124, 4 Other income (attach schedule) ................................ . U Cost of goods sold and/or operations from Fed Form ............... . Then subtract line 5). rofits Total lines 3 and 4 oss G . p r Part C. Business Expenses 7 Allowable business expenses from your Fed Sch(s) C & F ............ . 7 1L, 9s Part D. Adjustments for Pennsylvania Purposes. See Instr. 8 Business meals and entertainment ............................ .. 8 9 Sales tax on depreciable assets .............................. .. 9 10 Charitable contributions for business purposes ................... .. 10 11 Uniform capitalization under GAAP or FASB ..................... .. 11 12 Depreciation method: 12 13 Wages for the Federal JOBS credit .......................... .. 13 14 Wages for PA Employment Incentive Payments Credit and PA Jobs Creation Tax Credit ............................... .. 14 15 Payments for owner pension, profit-sharing or deferred income plans ........................................... .. 15 16 Taxes based on gross/net Income & other unrelated taxes ....... .. 16 1 ents for owner health and welfare benefit plans ........... P .. 17 7 aym Expenses for PA Research and Development Tax Credit and PA Waste Tire Recycling Investment Tax Credit ................ .. 18 19 Other adjustments for dill between PA & Federal expenses expenses. 20 Total adjustments. Add lines 8-19 and enter net amount .............. 201 U! 21 Total allowable PA business expenses. Add Ins 7 and 20 ............. 21 11,. 9e Part E. Net Profit or Loss for PA Income Tax Purposes. 22. Net incomeAoss from this business (Line 6 - 21) .................... 1 221 12, 19_q C u... or^f:• nr rnce frnm PA Schedule RK-1 or PA Schedule NRK-1. 23 Business income/loss from YOUR PASch.RK-1s/NRK-1s............ 23 24 Enter YOUR SHARE of business income/loss from JOII PA Sch. RK-1s/NRK-1s ....................................... 24 Part G. Net Profit or loss from Line 21 of Federal Return. 26 Enter business incomeAoss from Line 21 of Fed Return ............... Part H. Net Profit or loss for Pennsylvania Personal Income Tax Purposes. 27 Net profit/loss. (Lines 22, 25 and 26) ............................. 27 12, 19 STATE INTEREST WORKSHEET - 2000 SSN: 210-44-_6101 Name: WEARY, BRYAN D . li I ? PART I: STATE TYPES: 1 = Regular Interest 2 = U,S. Obligations 3 = Municipal Bonds - In Slate 4 = Municipal Bonds - Out of State T (a) S J Name of Broker or Other Payer 1 2 3 4 5 6 7 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 PART Ik INTEREST INCOME SUMMARY (b) (c) (d) Fed Gross St St. Gross Adjust Type -Adjust 23.00 -r---- 1 23.0 _--- '--? 49.00 _- 1 49.0 T T T- Full-Year or AS IF Full-Year Resident SELF T SPOUSE Column Column Regular Interest: Regular Interest (Type 1) ........... a 72. od . U.S. Government Obligations: b. Total U.S. Govt. Int. (Type 2)......... _-0.00 c. Excludable EE & I savings bond interest (From Fed. Form 8815)....... o_oo d. Net U.S. Govt. Int. (Type 2).......... 0.00 Municipal Slate Bonds: e out-of-state (taxable) (Type 4) ........ 0.0c f In-stale (non-taxable) (Type 3) ........ O.Or (e) St Taxable Interest 23. For Part-Year Resi dentlNon res ident SELF SPOUSE Column Column THE TAXPAYER'S COPY IAUQ nE WAR Or OF III ING RETURN BY APRIL 16,2001 TO. ?(?1®¦ ¦ BY THE BUREAU. nu OE OHAVE YOUR COPY VAUOATEO9YMV4RETIIRIIBOT CgPITALTAXCOLLECTIONBUREAU v V BUREAU'S AND TAXPAYER'S COPIES ALONGWIT14 A SELF ADDRESSED, STA ENVELOPE TAX OFFICE USE ONLY •DO NOT'%MRREIN THIS AREAL LOCAL EAR,IEDINCOME See "General Instruction Sheet' TAX RETURN (FORM 531) in this packet for mailing address labels 4[ see back of return for addresses, phone numbers, and office hours. www.captax.com • • A r 1 W-2 EARNINGS (From attached W-2's) ..................................................... 1 r 2 EMPLOYEE BUSINESS EXPENSES (Attach Federal Form 2106 &. State Schedule UE) ............. . 2 E W2 EARNINGS (Subtract Una 2 from Une 1) ....................................... B T I. la/TI F: alt ,.q{": s/.r:? 3 3 TAXA L 4 OTHER TAXABLE EARNED INCOME (NO INTEREST OR DIVIDENDS) Complete Section B on Back ... 4 I ? 7771 :i x` 7-- 5 t' '''?* - 5 TOTAL TAXABLE EARNED INCOME (Add Lines 3 and 4) ...................................... . •; : ? ? :+ r 1 PROFESSION, OR FARM (ATTACH FEDERAL OR STATE SCHEDULE C, K or F).. NET LOSS FROM BUSINESS 6 I , 6 ......... .. 7 SUBTOTAL (Subtract Line 6 from Lines) IF LESS THAN ZERO, ENTER ZERO......... . 7 ' OR FARM (ATTACH FEDERAL OR STATE SCHEDULE C, K or F) PROFESSION OFIT FROM BUSINESS ' 6 .B, 1 , , PR 9 TOTAL TAXABLE EARNED INCOME AND NET PROFITS (Add Lines 7 and B) ..................... ..9 I _ 10 TAX LIABILITY: 1% OF LINE 9 (Multiply Line 9 by .O7) ......................................... 10 1 TOTAL LOCAL INCOME TAXES WITHHELD EXCEPT PHILADELPHIA INCOME TAX (From attached W2's, Box 21) ..... I 11 1 12 QUARTERLY PAYMENTS AND/OR LAST YEAR'S OVERPAYMENT CREDITED TO THIS YEAR ...... 12 I+?,`+jr.5 a 4 i"k I?->n'4r., 1 5 CREDITS FOR TAXES PAID TO PHILADELPHIA ANO/OR STATES OTHER THAN PA (ATTACH LOCAL SCH. G) ANDIDR CREDITS FOR CERTIFIED is Y 1? y SiL 6'• qAb SY 1S Sf + 1t Y J il 13 RESIDENTS OF THE HARRISBURG KEYSTONE OPPORTUNITY ZONE(KOZ) ...................................................... „ .-• Y , TOTAL WITHHOLDINGS & PAYMENTS (Add Unes 11, 12 and 13) ............................... 14 14 TAX BALANCE DUE (Subtract Una 14 from Una 10) PAYMENT NOT NECESSARY IF LESS THAN 51.00........ O . 16 i ,, , ,_, ••_ r ,,-% 16 16 INTEREST& PENALTY (See Instructions) .•••••••••••••........... 16 TOTAL BALANCE DUE (Add Lines 15 and 16) Make check payable to "CTCB" ...................... 17 r 17 OVERPAYMENT (Subtract Line 10 from Line 14) IF LESS THAN ZERO, ENTER ZERO .......... Q . 16 18 19 OVERPAYMENT TO BE REFUNDED ................................................... 19 OVERPAYMENT TO BE CREDITED TO NEXT YEAR'S TAX ................................. 20 '+1 r 20 OVERPAYMENTTO BE CREDITED TO SPOUSE'S BALANCE DUE FORTHIS FILING YEAR ...... 21 I , .'=T + I,>` ' ' Zt W P R MGM Z 91 9 FROM 10 w 101 P = 1 . . . Or . - - . 1 YOUR RESIDENT MUNICIPALITY DAYTIME PHONE NUMBER (TOWNSHIP, BOROUGH. OR CITY) TAXOFFICE - -1\71 USE ONLY ?¢ ? rw YOUR SOCIAL SECURITY O YOURNAME (LAST FIRST MI) LA ? I C? , . . NUMBER II, c?.r SPOUSES SOCVIL SPOUSES NAME FIRST MI) AST SECURITY NUMBER , . (L HAVE YOU MOVED FROM THE YES IF YES, COMPLETE SECTIONS HOME \`5Sv e%ma ?Loc.k BEGINNING OF THE TAX FILING A & C ON REVERSE SIDE OF THIS FORM ADDRESS . YEAR TO PRESENT? ? NO - • RR-9,11 010 • r • • • • • • • - ' r OUR SIGNATURE DATE YOUR OCCUPATION POUSeS SIGNATURE tONLY IF ALSO FILING ON THIS FORM) DATE SPOUSE'S OCCUPATION (ONLY IF ALSO FILING ON THIS FORM) AID PREPARER'S NAME (PLEASE PRINT) I FIRM'S NAME IOR EN FER-S.E: IF SBLFEMPLOYED) PAID PREPARER'S PHONE NUMBER r- cc -I \-% -7 \..\ -Lui5 "--v APPRAISAL REPORT OF A FARMETTE 1850 PINE ROAD NENVILLE, PENNSYLVANIA Diversified Appraisal Services Real Estate Appraisers and Consultants APPRATSAT. REPORT OF A SINGLE-FAMILY DWELLING LOCATED AT 1850 PTNE ROAD NEWVILLE, PENNSYLVANIA PREPARED FOR BRIAN P. WEARY AS OF DECEMBER 2, 1988 BY LARRY E. FOOTE DTVERSTFTF,D APPRATSAT, SERVTCES 35 EAST HIGH STREET, SUITE 101 CARLISLE, PENNSYLVANIA 17013 (717) 2,19-2758 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS LOCATION: TAX PARCEL NUMBER: 1850 Pine Road, Newville, PA 46-18-1406-030 PROPERTY RIGHTS: Fee simple interest. OWNERSHIP HISTORY: The subject property is owned by Brian D. Weary. The property was purchased on May 13, 1988 j for a reported consideration of $60,000 and ownership transferred on deed reference 33-I-470. SCOPE OF THE ASSIGNMENT: The scope of the assignment in- cluded an analysis of the sub- ject's area, an inspection of the subject property, an estimation of i the property's highest and best use, consideration of all three approaches to value, and the application of those relevant to the valuation of the subject. OBJECTIVE: To estimate the market value of the subject property as unencumbered. EFFECTIVE DATE: As of December 2, 1988. HIGHEST AND BEST USE: Use as a single-family residence. COST APPROACH: N.A. SALES COMPARISON APPROACH: $129,000 INCOME APPROACH: N.A. FINAL VALUE CONCLUSION: $129,000 2 APPRAISAL CERTIFICATE I hereby certify that upon application for valuation by: BRIAN P. WEARY the undersigned personally inspected the following described property: All that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point, in a small stream, on line of land now or formerly of Leonard N. Hurst, at a corner of lands now or formerly of Albert L. and Marie S. Leo; thence along same South 25 degrees 17 minutes 20 seconds West 71.63 feet to a point; thence still along same South 34 degrees 29 minutes 11 seconds West 184.64 feet to a point; thence still along same South 61 degrees 10 minutes 8 seconds West 78.41 feet to a point; thence still along same South 37 degrees 7 minutes 41 seconds West 47.34 feet to a point; thence still along same South 84 degrees 30 minutes 21 seconds West 112.87 feet to a point; thence still along same South 30 degrees 11 minutes 21 seconds West 220.49 feet to a point; thence leaving the center of the stream South 62 degrees 40 minutes 36 seconds West 199.58 feet to a point; thence along property now or formerly of the said Leo North 54 degrees 43 minutes 45 seconds West 362.29 feet to a point; thence still along same North 25 degrees 39 minutes 5 seconds East 743.67 feet to a point in line of lands now or formerly of Jay L. Richwine; thence along same South 63 degrees 47 minutes 10 seconds East 150.57 feet to a pipe, a corner of lands now or formerly of Leonard N. Hurst; thence along same South 64 degrees 14 minutes 54 seconds East 523.75 feet to the point and place of beginning. Containing 10.00 acres. Together with a certain 50 foot wide private right-oE-way leading to the Pine Road. To the best of my knowledge and belief the statements contained in this report are true and correct, and that neither the employment to make this appraisal nor the compensation is contingent upon the value reported, and that in my opinion the market value as of December 2, 1988 is: ONE HUNDRED AND TWENTY-NINE THOUSAND DOLLARS $129,000 The property was appraised as a whole, subject to the W_. ?i contingent and PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the Market Value of the subject property as of December 2, 1988. Market Value, as defined by the courts, is the most probable price estimated in terms of money which a property will bring if exposed for sale in the open market, allowing a reasonable time finding a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used. Frequently, it is referred to as the price at which a willing seller would sell and a willing buyer would buy, neither being under abnormal pressure. HIGHEST AND BEST USE Highest and Best Use is defined by the Appraisal Terminology and Handbook, published by the Appraisal Institute, as "the most profitable likely use to which a property can be put". The opinion of such use may be based on the highest and most profitable continuous use to which the property is adapted and needed, or likely to be in demand, in the reasonable near future. However, elements affecting value that depend upon events or a combination of occurrences which, while within the realm of possibility, are not fairly shown to be reasonably probable, should be excluded from consideration. Also, if the intended use is dependent on an uncertain act of another person, the intention cannot be considered. Based on the above definition and after seeing the site, neighborhood, and area, it is my opinion that the present use of the subject is its Highest and Best Use. 5 I SITE DATA ADDRESS: 1850 Pine Road TOWNSHIP: Penn COUNTY: Cumberland STATE: Pennsylvania LOT SIZE: Approximately 10 acres. SEWERS: On-site septic system. WATER: On-site well. ELECTRICITY: PP&L LANDSCAPING: Typical for the area, with a sodded lawn, trees, and shrubs. DETRIMENTAL INFLUENCES None. Pride of ownership is evident throughout the neighborhood. DESCRIPTION OF IMPROVEMENTS GENERAL DESCRIPTION: Two-story detached single-family dwelling containing approximately 2,088 square feet of gross living area. On the effective dar.e of this appraisal, there was no family room addition, wood deck or swimming pool. CONDITION: Exterior: Average Interior: Good ROOMS: First Floor: Living room, dining room and kitchen. Second Floor: Two bedrooms and a full bathroom. Basement: Full, with one-half concrete floor. EXTERIOR: Foundation: Stone Walls: Brick Sash: Wood-framed replacement windows. Gutters: Aluminum, painted. Roof: Metal Storm units: None 6 INTERIOR, PRINCIPAL ROOMS: Floorinq: Carpet and yellow pine. Walls: Plaster Ceilinq_s: Plaster Trim: Wood, painted. KITCHEN: Cabinets: Wood, natural finish. Counters: Ceramic tile blocks. Walls: Plaster, painted. Flooring: Yellow pine. Sink: Double-bowl, porcelain. BATHROOM: Flooring: Carpet and yellow pine. Walls: Plaster Bathtub: Free-standinq, with seperate shower Stall. Lavatory: Double-bowl vanity. Water closet: Two-piece CONSTRUCTION: Joists: Wood BPamS: Wood Columns: Stone Plumbing: Plastic HEATING: Oil, coal and woodburning forced hot air furnace with ducts to the first floor only. HOT WATER: Electric, 52-gallon. ELECTRIC: Circuit breaker system, 200-ampere. OTHER: There are four brick fireplaces located in the dwelling. There is a 40' x 721 brick barn with frame overhang that has a 20' x 55' one-story concrete block addition, 25, x 38' two-story frame addition and a 25' x 851 one-story concrete block addition. There was no quonset building or chicken house on the site on the effective date of this appraisal, GENERAL CONDITION: The dwelling is considered to be in good condition on the interior and average condition on the exterior, having been remodeled during 1988. The barn and other buildings are in average condition. 7 THE COST APPROACH The Cost Approach to value is based on the principle of substitution, which proposes that an informed buyer will pay no more than the cost of providing a substitute property with similar utility. In estimating the cost of providing a substitute, the following functions are completed. The cost of the improvements, as if new, is estimated. Loss of value due to physical deterioration, functional obsolescence and external depreciation, if applicable, is deducted to represent the cost of a substitute depreciated. The land and the value of depreciated site improvements is added to obtain a value indication of the real estate. Due to the age of the improvements, and in accordance with the departure provision of the Uniform Standards of Professional Appraisal Practice, the cost approach to value has not been included in this appraisal report. a I I i SALES COMPARISON APPROACH In arriving at this conclusion of the value of the subject property, the appraiser made a survey of properties that have sold in the area of the subject property. Consideration was given and adjustments were made on each comparable sale as to time of sale, size, location, as well as all other factors that might affect value. A resume of some of the sales considered by the appraiser is as follows: SALE NO. I Location: Date of Sale Sale Price: Size: Unit Price: SALE NO. 2 Location: Date of Sale: Sale Price: Size: Unit Price: SSE NO. 3 Location: Date of Sale: Sale Price: Size: Unit Price: 224 N. Middlesex Road, Carlisle, Pa. December 20, 1988. $145,000 1,560 sq. ft. $92.95 per sq. ft. 842 Ridge Road, Carlisle, Pa. January 20, 1989. $90,000 1,500 sq. ft. $60.00 per sq. ft. 12 Bettem Hollow Road, Newville, Pa. November 28, 1990. $125,000 1,968 sq. Et. $63.52 per sq. ft. The appraiser, in addition to considered several additional sales opinion of value. After making adjustments, it is the appraiser's coi indicated value of the subject Comparison Approach is $129,000. the sales listed, also in arriving at his final all of the necessary isidered opinion that the property by the Sales 9 CORRELATION Correlation may be defined as "the bringing together of parts in a proper relationship." The parts of this appraisal report are the following approaches to value your appraiser used: Value Indicated by Cost Approach N.A. Value Indicated by Sales Comparison Approach $129,000 Value Indicated by Income Approach N.A. These approaches are representative of the market value of the subject property. I have carefully reexamined each step in each method, and I believe the conclusions accurately reflect the attitude of typical purchasers of this type property in this neighborhood. It is my belief that this reexamination has confirmed the original conclusions. The Cost Approach will result in an excellent estimate if all elements are figured accurately, because no prudent person will pay more for a property than the cost to produce a substitute property with equal desirability and utility. Purchasers of the type of dwelling typical of the subject property are more concerned with amenities than with hypothetical replacement of the property. The value of the cost approach is not disregarded, but given less weight because more errors in judgement can be made in this approach. The Sales Comparison Approach was based on several recent sales of properties similar to that of the subject, all of which are located in the same general area. The adjusted sales prices are most consistent under comparison. This approach is the most reliable because it reflects .the reactions of typical buyers and sellers in the market. Therefore, as a result of this appraisal and analysis, it is this appraisers considered judgement and opinion that the Market Value of the subject property, as of December 2, 1988, is: ONE HIINDP.ED AND TWENTY-NINE THOUSAND DOLLARS $129,000 10 UNDERLYING ASSUMPTIONS AND LIMITING CONDITIONS SUBJECT TO THIS APPRAISAL 1. I assume no responsibility for matters legal in nature, nor do I render any opinion as to the title, which is assumed to be marketable. The property is appraised as though under responsible ownership. 2. The legal description used herein is correct. 3. I have made no survey of the property, and the boundaries are taken from records believed to be reliable. 4. I assume that there are no hidden or unapparent conditions of the property, subsoil or structures which would render it more or less valuable. I assume no responsibility for such conditions or for engineering which might be required to discover such factors. 5. The information, estimates, and opinions furnished to me and contained in this report were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy can be assumed by me. 6. This report is to be used in its entirety and only for the purpose for which it was rendered. 7. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected) shall be reproduced, published, or disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication, without the prior written consent and approval of the appraiser. 8. This appraisal was prepared for the exclusive use of the client identified on page five of this appraisal report. The information and opinions contained in this appraisal set forth the appraiser's best judgement in light of the information available at the time of the preparation of this report. Any use of this appraisal by any_ other person or entity, or any reliance or decisions based on this appraisal are the sole responsibility and at the sole risk of the third party. The appraiser accepts no responsibility for damages suffered by any third party as a result of reliance on or decisions made or actions taken based on this report. 11 CERTIFICATE OF APPRAISAL Your appraiser hereby certifies that: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. q. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a subsequent event directly e related result, the intended uusenof this appraisal. 7. To the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analyses, opinions, and conclusions expressed herein are based, are true and correct. 8. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report. 9. This appraisal report has been made in conformity with the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation, and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct, of the National Association of Real Estate Appraisers. 12 10. No one other than the undersigned prepared the analyses, conclusions, and opinions concerning real estate that are set forth in this appraisal report. Lam E. Foote Certified General Appraiser GA-000014-L 11 S? SALES COMPARISON ANALYSIS Imse 'KnIn 5.105 O, rNCw:I1C5 AN nvu W W .ln) ry0umA1C 10 s.U.CCI INYI nn' n•en ennwkrM 0 Uv 11.,4,1 .Ina1?IS It,, besM1rdun ircJulea .1 WIN, a11MbMTl Il'14)CIYq market maClan to those Aems of 5Y;Nlcant va,ehon Qe-tle l IN, v'V"I and CWrhv.ln4, w(Mlrb s II .1 4,n.1c.,U d,m.n U.n cwnnaletY.! n,ol+nly IM1 ZM w 10 •! n4e la,wabk) than. Im wbleot womlty, a ..as (-) a,111Vn nt a 1.1W. Ines ,LbkIM InC mIGa1CA vlb, of sun;,cl. if .l 5gmlGlnl Abn .n IN! COmp.,.lUe a MICrq 10. W 4SS Iav ab41 Ivan I10 Wblecl w„veM..l Oil (4) VJPM,n nI IS n ' IN45 in:n!asng nV! .nlCal,e vaha el IN, %Utl Cl ITEM SUBJECT COMPARABLE NO.I COMPARABLE NO 2 COMPARABLE NO.] 1850 Pine Rd 224 N. Middlesex Road 842 Ridge Road 2 Beetem Hollow Road Address Newville Carlisle Carlisle ewville Proximity to Subject - Sales Price $ n.a. - MMONEENS 145 000 S 90 000 S 125 Q00 Price/Grass Liv. Area S n.a. 0 $92.95 0 jiMM 5 60.00 Fn $63.52 m Data Source Inspection Central Penn MLS Central Penn MILS entral Penn MLS VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION • I-IS Aclwm nt DESCRPTION .6)S Adpsltlam DESCflIPT10N . (-IS Adminvnt Sates or Financing Concessions None None 14one Date of Sale/Time As of 12-2-88 12-20-88 1-20-89 1-28-90 (7.500) Location Avera a Su rior U4,500) Similar Similar Site/View 10 acres 7.61 acres 4,800 6 acres 8 000 .99 acres 12,000 nesign and Appeal 2-sty. det. Similar similar imilar .dali of Construction Brick Brick Wood 4,500 ermastone Age 100+ ears 168 ears 100 ears 00+ ears LrL Condition Avera e- ood Superior :(14,500) Similar Similar Above Grade 70131 • Bdms Gams • but . 8WK . Baths Total , Bbms I Baths bUI , MM I a4IhS . Room Count 5' 2 ' 1 5' 3 1 6' 4 1 (2,000) 5 '3 !2 (2 000) _ Gross Living Area 2,088 Sq FL 1,560 Sq. Ft. 5,300 1,500 So Ft. ; 5 900 , 1,968 So FL : 1,200 Basement & Fnished Rooms Below Glade Full bsmt. Similar Similar FunctinnalUtility Avera a Similar Similar milar Heating/Cooling Oil coal,wd. FHA Bsbd. elec. Oil FHA t hot wtr. Gara a/Carport None Similar 2-car ara e1 4 milar Porches, Patio, I rch, encl . Pools• etc• None . coy. r ?h 1 000 Encl. rch. 2 rch. 3 000 Special Energy Typical For Efficient Items the r ion. Similar Similar milar Fireplace(s) 4 fireplaces None 4,000 None t 4,000 one 4,000. Itber (e.g. kitchen Remodeled, Remodeled, 2tsty.bldg -.quip.. remodeling) barn S bld s Similar b outbld s. ( 5,000 Similar Net Adj. (total) + - S 15,900 X + - S 19,400 X + - S 4_1700 ' Indicated VaLte of Subject 5 ' 129,100 S 109,400 S 129,700 ? CommenlsonMarketf ala With adjus tments, all three comparable sales are acceptable for the diriV F 0261, US FOn:,SINC_ 2 CENTRAL SO.. GOAFTON.!1A 015190448 180022595P.3• I a30d4t7 LARRY E. FOOTS REAL ESTATE APPRAISER EXPERIENCE: 1979-Present: Chief Appraiser, Diversified Appraisal Services, Carlisle, Pa. Principal Broker, LaRue Development Co., Carlisle, Pa. 1976-1979: Associate Broker, Colonial Realty, Carlisle, Pa. 1972-1976: Realtor Associate, Jack Gaughen Realtor, Carlisle, Pa. Appraisal experience includes undeveloped land, farms, building lots, single-family dwellings, mobile home parks, medical centers, motels, apartment buildings and complexes, office buildings, service stations, veterinary clinics, rehabilitation centers, retail buildings, daycare centers, warehouses, and manufacturing facilities. EDUCATION: Bachelor of Business Administration, Pennsylvania State University, 1976. Associate Bachelor of Business Administration, Harrisburg Area Community College, 1974. Diploma, Carlisle Senior High School, 1965. Certificate, Pennsylvania Realtors Institute, GRI 1, GRI 11, GRI Ili. Certificate, Realtors National. Marketing Institute, CI 101, Cl 102, Cl 103, Cl 104, Cl 105. Standards of Professional Practice, American Institute of Real Estate Appraisers. Real Estate Appraisal Principles, American Institute of Real Estate Appraisers. Appraisal Procedures, Appraisal Institute. Residential Valuation, American Institute of Real Estate Appraisers. Principles of Income Property Appraising, Appraisal Institute. Case Studies in Real Estate Valuation, Appraisal Institute. Report Writing and Valuation Analysis, Appraisal Institute PROFESSIONAL LICENSES: General Appraiser NGA-000014-L, Commonwealth of Pennsylvania. Real Estate Broker NRB-029729-A, Commonwealth of Pennsylvania. PROFESSIONAL D13SIONATIONS: GRI: Graduate of the Pennsylvania Realtors Institute, awarded by the Pennsylvania Association of Realtors. CRS: Certified Residential Specialist, awarded by the Realtors National Marketing Institute of the National Association of Realtors. CCIM: Certified Commercial Investment Member, awarded by the Realtors National Marketing Institute of the National Association of Realtors. PROFESSIONAL ORGANIZATION AFFILIATIONS: National Association of Realtors Appraisal Section. Carlisle Association of Realtors. Pennsylvania Association of Realtors. National Association of Realtors. Realtors National Marketing Institute. PAST CLIENTS: Borough of Carlisle Keystone Financial Mortgage Cornerstone Federal Credit Union Pennsylvania State Bank Commerce Bank Harris Savings Bank Dauphin Deposit Bank Cumberland-Perry County Association for Retarded Citizens Carlisle Suburban Authority Commonwealth National Bank Pennsylvania National Bank Evans Financial Corporation Greenawalt & Company, CPA .Smith's Transfer Corporation Carlisle Department of Parks and Recreation Farmers Trust Company Carlisle Area School District Messiah Homes, Incorporated ERA Eastern Regional Services Cumberland Valley Savings & Loan Association Chase Home Mortgage Corporation Defense Activities Federal Credit Union Pennsylvania State Employees Credit Union Meridian Bank B-H Mortgage Service Corporation Friendly Mortgage Services United Telephone Employees Federal Credit Union Cumberland County Commissioners Allstate Enterprises Mortgage Corporation Dickinson College PPG Industries, Incorporated Gettysburg College Redevelopment Authority of Cumberland County Record Data Appraisal Service, Incorporated First United Federal Savings Association Washington Telephone Federal Credit Union Hill Financial Carlisle Building & Loan Association Sears Mortgage Corporation Provident Home Mortgage Corporation Fulton Bank United States Marshall Service Central Pennsylvania Savings Association Coldwell Banker Relocation Services, Inc. Maenner Relocation, Inc. CCNB Bank; N.A. GMAC Morgage Corp. First Bank and Trust Company Mellon Bank Orrstown Bank Letterkenny Federal Credit Union BancPlus Mortgage Corp. Various law firms and individuals ?_ _ - _ ,'r S. W. BARRETT REAL ESTATE AND APPRAISAL SERVICES decamber 21, 1999 Irvin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA. 17013 File Number: 99.0971 In accordance with your request, I have personally inspected and appraised the real properly al: 1850 Pine Road Nemille, Pa 17241 The purpose or this appraisal is to estimate the market value of the subject properly, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, the estimated market value of the properly as of December 14, 1999 is: $180,000 One Hundred Eighty Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final estimate of value, descriptive photographs, limiting conditions and appropriate certifications. Respectfully submitted, Stan A. Skawronek/Sleven W. Barrett bUTAM,ut) AT-I-RAISAL ISCPORT I uII0lMAACPa1nPA1r1A1 APPRAISAL REPORT Fge raw. 990971 Pr a err Oescrl Iron vnu vev.•..._...•. ?......_... .... .._. .-... G Newville Slate Pa Z• Cade 17241 Pm err Adorns 1850 Pine Road b l d C an um er _ Least Oeiaiptlon Deed 0o0A 433 Pa a 470 Counro TasYaor 99-00 RE. Tams$1242.00 6adal Assessments $ N/A AssusdsPawl Na,31.12.033 010G Cunem Owner Was B an D. oca ant . X Ownu Tewm Vawm Bmeaer Wearv. Melinda Site d % Fee S' a Leasehold Pro adT in PUD Condominium HUDNA only) HOAS NIA IW t „ ore Pro at hbe s n Reference 12.0332 Census Twu 0127.98 W i Neighborhood or Pro eel Name Penn Townshi IA NIA Data ISale N/A D utlo, and S amount of ban chagedmncesans to be ed ho se N 1 P i 6 r ce I s 60 West Pomfret Street Carlisle PA. 17013 Addr es LenderlCaent Irvvin McKni ht d Hughes Sko yonele/Sleven W. Barrett AAtress 124 North Hanover Street Carlisle PA 1701) Sian A l A . so a Location lktran X Suburban Rural Predominant Single family housing present land unX Land use change-t occupancy PRICE AGE One Nasty 40% Nollaely 0fully 25% U d n er Butt up Over 75% % 25.75% X In Process X Stable Slow X Owner 95 80 Law New 24 laity 0% Gn atnrate Rapd X Stable Declining Tenant 150 Nan 30 Wall 0% 70'. Residential i ng Properyvalues Inueas Shortage x bbalamco Oversupply % voanlDS%) Piadaminaid Caanerdtl 0e/a dd D emerl i fs 110 25 Vacant 60% v ..v ... Markelin rum tender gmos X l6 nos. Over Gmos. Note: Pace and the racial composition of the neighborhood sire not appraisal factors. the east by Route 2JJ on the south by Pine Rout 844 on th b t Neighborhood boundaries and chalaclerisliw: Sail cl is bounded on the nor Road and an the west h Oakville Rd. employment stability, appeal to market. a1c.1 ment and amenities to am to r il i b h . p anm y y gh u 004p • Factors that affect the marketability of the properties in the ne erse stable egeployment and all denting amenities are within easv Di f bi t ' v su ec . lily o There are no adverse faclars to affect ma kelab " driving distance. SMSA ffi40 hborhood (including support far the above concluslons totaled to demand of pmpedy values, demandhuppty. and makeing Wne i t g ne Markel conditions in the subjec tin" of the pmvalenc t of sates and line n cing ea nee sstan%. etc)- ert de d b h s or oo , s -- such as data on cumpablive propeller s Ip aalcin the Ina ign Economic trends and lending rates have remained time of 80100 days k ti . e ng property values are current! stable with an average mar favorable. Sales concessions occur inlre uentl . rmation far III Dal[ applicable) •- IS the davelopalbullder in control of Inatome Ownels Association(HOA)7 IJ YES 110 I f • n o Project total number of units in the subject project N/A Approximate total number of units lamb in the subject project N/A r u A at s ppa and redea6anal lacililies N/A Oesmbe c ll L l i eve ca Topography 6as , See close Dmemions See legal Ilan Corner Lot Yes X No Slxe Lar er than normal Slle set 10 Acres m/l. Shape Irregular Specific toning dasilficalion and desuipllonNone Known A ears ade date i naP Ills al fro ionin Dw ? Legal nomm?b"vn9(Gadbtitoed use)L 7 9 Zoning compliance (:] l rv Vaw Open eoun ! t h ISbasins- Imp d X R fentufe Olheruse n lab T foal P i Landsca ing vate r p "Illillaa Public Other un.alto Improvements Type PubCC x Streol Asphalt X Diveway Surface Gravel i ..ectr ary ller None Appaenteasemenls NoneA arenl bl C - ur gu Gas 13 k None FEMA Special Flood Hazen! lea Yes X1 No Water Well Sidewal FE11A 2oneC Map Date 10115185 Samlaysewer Septic Streetlights None 4215840010B FEMAMa Na . Stermsewer Ann None illegal or legal nonconforming zoning, use, etc): WelllSe tic ecial assessmenissli le areas nt b s , me s. p Comments (apparent adverse easements, encaac e no adverse easements encroachments or other adverse Th i i ere ar l ty. common for area and have no adverse affect on Marketab conditions. GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNOATIOtI BASEMENT If15ULAT10f1 1 Foundation Slone Slab None Area SR Ft. 1623 Roof _ No. al uniu Two ENaior Walls BdekNnvl cradspsm None %Finished 0% CeJisy__% No. olilones Joist Detached RwlSmlace Metal easement Full Ceiling O en Wass Type(De11Alt) Design lSMel 2510 Gutlas d Ownpis. Aluminum SumPHnpYes Wallis Slone Floor l ona crete Eshlin911"mposed Exlslln9 W,ndowType Double than Comprises None Obs. Flow Con I urn ) 100 Years StumSoeens Thermal Setdomem None Obs. Oulsda Entry No Age (Y($ A , vera 8 15.20 Manubdped HOus. No Inrastakn None Obs. Yrs . Eeadive a ROOMS Fo u Ininn_ _ D'min Gabon Dan Fam1 Rim Rae Rm. Bedrooms s Baths Laundr Giner Area 5 Ft Bsunent 1 -- .5 area Mud 2.708 Level) 1 -- area -- 2 t 1085 • Levd2 -- O • 27085 toff F vdathin Area mass d 5 Rooms 2 Bemaald s. 1.5 r HIM s. ee an e m FimslmA rhea above ma HEATING KITCHEN EQUIP. ATTIC AMENITIES CAR STORAGE. • INTERIOR M4lerialsicandibon N Replamts)a4 n None p% Flous Pine/Ce,Tila/C t Type FHA Refrigerator one ' n of uvs G - Ways D litibiCkAANdPoI 11.7muh Wood Fuel Oil CondtnKUVem e_ RangelOum, lAl Osposal Xl SUIS Dep SWe r?s Pat'. Der Wootl Inl arage AdacheJ Oath Floor Carpe Wine BermYlah sscol Dr ywAll COOLING Central None 90.00a, Fan.NOOd X? ?s Santa Fad X POW Fanee odamed mlLtn B Co al Owl Wood other None Aedawave 1 1 Hettoo pool p 6/Gmv i D Avem a Condition cLnmmrNIA Washendver fwsned r vaxav 'Adddnnal features (spacial energy ancie nt items, etc.) ' Larger wood deck 40 7 0 Barn 200 amp, ervice . Ceiling fans. -- - The at the improvement,, depmoaliodphysical• functional, and Adverse anon.. at mnd?l?om (such as. ant to. hazardous waslos. Ionic subslances, etc.) present in me mmprovemenlson Ins site, or m Ina • immediate vicinity of the subject property. No adverse environmental conditions me app1ren0disdosml. III SUMMARY APPRAISAL RIEVORT ESTIMATED 511E VALUE ................ .......... ' S 47,1 ESTIMATEO REPRODUCTION COST-NEW OF IMPROVEMENTS. Deolling 2.70 8 Sit Ft. Q$ 55000 = $ 148.940 Bsmt. 1627 S4. Ft. QS 6.006.00 . 0.778 FIP O k Well Senlle Barn 50,000 GaagmCaPul . SIT R. QS__ =3 208,678 Total Efbmalfd Cost New,,,,,,. Lil 35 Less Physical Functanal Eerernal Econ a. EsLNUmining Depadauors 7? 5000 1$2,000 0 = S 77 00O Depredated Value of improvements .......... .. ....... ' f 171 1 'AsW Value of Sill Impmvemenls ......... ........ =f ................ e. aeooneeN. .......... = S 182 1850 Pine Road 1156 Data Room Counl 1 Cross L'Mm Area Baeelrcnl6 F.90 Porch. Gross: Cammenls on Sales Comparison (including the f0ata Ubl IJlea sales $60.000 of the subject properly and Comments on Cost ATOM aph puce as. Source of coil es li no a la, 5110 value, floats tool4aIctilabona n d lot HUB. VA and FmHA, the mutual ad lenuming emnOmic ble 01 Ins properly). 101 Blue Rock Road 1615 Walnut Cenv None,Conv DOM4 _ 5 1 HU l BY SALES COMPARISON APPROACH....... N/A aksGossRentuUU r NIA =S I IY INCOME APPROAL If Eb Estimated ulazkol RenlS 51 vabrmPlelneparpana an]:peonea'xna (% 'as'u subiact to mampirs, ------ -1. nnnr..sf.,.1bIo. See attach . Cchasouss0lApp3431 TAU pppme of this appaiyal,s to" maid me mahal value of Ihn real popes y Inal is the fuujep al Ih4lepau based on Iho abwo tnodlmne xvl ee wuS`l!- rsnult" 6193 and landing =d-10-5. and mYkelvalue dbnndioldial Me 90ledb No adaCiM FrNdo IA¢FamdTAFamnlAao FUm1W101Revnc1 _ _) 1(WE) ESTIMATE THE MARRETVALUE. AS DEFINED,OF THE REAL PROPERTYTHAT IS THE SUOJECOF T IIISREPORT,ASOF ?ucemhcr 14 1099 _V SU (SIMICH IS TIIE DATE OF INSPECTION OTHEEFFE TIVE DATE OF THIS REPORT) RT`SORYAPPPASER 17?LYI REOUIR ?I X L?Dd LJO]Ilol APPRAISERCZ 59 nature cTr-vFN w RARRETT. SRA, SRPA_ - m;poO Property nIM UI STEVEN W. 13ARRETT REAL ESTATE _ Lrlsms®e11a1.R>s1al?lfnnen®o??wm SKETCH/AREA TABLE ADDENDUM Case NO . _ 'Fda NO 990971 PrOPe,IY Adders 1950 Plno ROad ?-_--- ---'--'- Ci NOw901e '- -- - ------ ?_ County Cumberland Slate Pa Zip 17341 _ _ SOffmcr Weary, Mollndasue - - Lende,ICllent Irwln, McKnI0h16 KuOhos UC Address 60 Wosl Pomfret Slraol Cadhlo, PA. 17077 _ Appraiser Name App, Address q oil a ea MAY P ° `O o O Pantry ? .501h C N Kitchen Ldry e E Bedroom e o ?g 95 0' ° O - . F- N m Bath 75.0' Comments: scale: 1.15 31.0 x ]s.o IOes.eo aura sorrv..n6 nx.ea aye ae•eiro.?w.e . AREA'CALCULATIONSSUMMAR.Y?,• Codoli?zddrc ripl?bn ?•+.'!i?i4 .. ,: 51xo ', :Totals OW1 Tlrse Tloer 1065.00 Second Plooe 1065.00 rime rloar 516.00 3708.0e OTN Xaod P6ek 171.00 171.00 OTAL LIVABLE (rounded) LIVING,.AREA Subttilats OaeoOd Tl 2708 BREAKOOWN ?; . .rBreakAown 't - Plrsr Plooe oot ]l.o x ]s.a loes.ao Flrex Ploor 10.0 x 19.0 L90.00 0.5 x 15.0 x 0.0 60.00 6.0 x 16.0 106.00 5 Areas Total (rounded) 2708 r_tde!Vltla_Sue We?1Y-. ?^'rSV "?'«_1850 PJnnHwtl_ Crv N?w`ilb ?^!rSIJm4eMnd >w P. ;q tm_IRit--- ti«u.rJ.n InNn Mtl7501??BtlNWres aaal... 60WplPoaIL413U4S1 4Y.MIe.P_9.IZ0?7 FRONT OF SUBJECT PROPERTY Adam. IM Am Road Nov,& REAR OF SUBJECT PROPERTY STREET SCENE ..?„?. ?..?. a. `.. w ?...n.....„?m axa on ?_.? S. W. BARRETF REAL ESI'A'rE APPRAISAL SERVICES Borrower/Client WEARY. Melinda Sue Properly Address 1850 Pine Road City Newille County Cumberland Slate P Zlp Code 241 Lender Irv nt McRn g t ui as APPRAISAL ADDENDUM SPECIAL CONDITIONS 'Bu foaowln{ ehukeJ ilcmt etc,Ndfie tpcdtl atrAiti., llul W em Wmined by mil eppeiltee dud.{ the intpntim of the rvbjecl pigmy, me co.ptnble tdu. and their nd{hbahoods end IaYtau. Unku ahemiu nded. Ih, candid., 141 trTly 1. du rubjen ptgeny w the mnpu.bk, tared W NOT dfen the ..Am vdve or the ruurc mukelsbifityDr the mbjed popenY M.,eW.Ind.W,it nn•Lime intpenion aMa. Thtt b meppnid m uimne IvAa W.u. ? 1.) The subject is located in a coral area and is Ins than 25% built up. This condition is typical and common for the area and DOES NOT affect the market value or future marketability of the subject. ? 2.) CommerciaWndustrial uses are located within the subject's neighborhood. These uses are typical of similar neighborhoods t???,,,((( and DO NOT affect the market value or future mukelahilily of the subject property. 1(1 3.) Vacant and undeveloped land uses are located within the subject's neighborhood. These uses are typical for the area and f?t\ DO NOT affect the market value or future marketability of the subject property. hp 4.) The predominant value in the neighborhood is less than that of the market value of the subject property. This is due to the very wide range of value of properties in the area and superior quality of the subject property. This condition DOES NOT affect the market valise of the subject or its future marketability. ? 5.) The subject properly is located in a F.E.M.A. Identified Flood Zone. This condition DOES NOT affect the market value or future marketability of the subject when flood insurance coverage is required. Flood Insurance is suggested. '? 6.) Dampness is noted in the basement of the subject. This condition is considered typical in dwellings of this style and DOES NOT affect market value or the future marketability of the subject. Standing or running water was not present on basement floor. 171* 7.) The subject properly is serviced by private well and septic- systems which is common for the area. LLL??? This does not affect market value or future marketability. I}B 8.) The subject is older than five (5) years old. All mechanical systems including the heating, electrical and plumbing systems appear upon a visual exterior inspection to be in working order. No warranties are implied in this statement. ? 9.) Repair items were noted in the comments section of the report. These comments on repair items amfor descriptive purposes only and arc not required repairs. The repair items listed are cosmetic in nature and DO NOT affect the market value or future marketability of the subject property. p 10.) The basement floor is a din Boor. This condition is common and typical for the area and DOES NOT affect the market / value or future marketability of the subject. The presence of a dirt floor DOES NOT pose a health or safety hazard. IXl 11.) The subject property does contain functional obsolescence as noted in the report. Th is condition is considered typical and TTT?\\ common for the era and this style dwelling awl DOES NOT affect the market value or future marketability of the subject properly. _J 12.) The land value exceeds 30% of total value due to the high demand for vacant land in this neighborhood. This condition is considered common and typical for the neighborhood and DOES NOT affect the market value or future marketability of the subject. ? 13.) The land value exceeds 30% of total value. This is due to the large size of the site. This condition is considered to be typical and common and DOES NOT affect the market value or future marketability of the subject. ? 14.) Individual adjustments were required [hat exceed 15%. These adjustments were required due to lack of more similar comparables an that individual rating. Alt three compambles are the BEST AVAILABLE. ? 15.) Total adjustments exceed 25%. This is due to the lack of comparable sales that were more similar in the subject's market area. All three canparablcs arc the BEST AVAILABLE. s(, 16.) One or more comparable sales are older than six (6) months old. Although there are comparable propcnics in the subject's area, none have sold recently, therefore, sales in excess of six (6) months old have to be used. All three comparable used were the BEST AVAILABLE. ?l 17.) One or more compwblm used were in excess or one (1) mile from subject property. Although there arc comparable ` properties in the Immediate area, none have sold recently. Therefore, it was necessary to use comparable sales outside of the immediate area. All compambles used are localed in similar neighborhoods and within the same marketing area. All three comparables used were the BEST AVAILABLE. ? I8.) The electrical system was no(conneeted during inspection. ? I9.) The water service was not connected during inspection. ? 20.) The heating system was shut down during inspection. ? 21.) Roofing Plumbing Elcclrieal_flciting certification is suggested. ? 22.) inground swimming pool outbuildings included ,not included according to lenders guidelines. ? 23.) According to lenders guidelines a maximum of acres were considered for this valuation. Remaining acreage was given no value. ? 24.) The subject properly is located on a private road. ? 25.) Wood Infestation inspection s suggested. ? A 26.) Last recorded deed transfer. Date r 3 j 41 i . Consideration: $ 4:0 fM fnl 27.) Proposed eonstuctionlrenovalion in accordance la plans and specifications to be completed in a workman-like manner. ? 28.) Seller is paying pan or all or closing toss. This DOES NOT affect the market value or future marketability of the subject. ' 29.) All comparable sales ate verified closed sales. 30.) Them are no special conditions orolher requirements that would affect market value or future marketability to this Ap- praisal Report. ? 311.) Other. \ I '•?\(\\? l/?; ``h\?/I f II /rid _ ?J 1 ?+ rl-- ?A .. V( Irtr^p? - _ Dale Appraiser Review Appmber Fee No. 990971 DEFINITION OF MARKET VALUE: The most probable price which a property shouldbring In a competitive and open market under all conEllions requisite to a fair sate, the buyer and seller, each acting prudently, knowledgeably and assuming the price Is net allected by undue stimulus. Implicit In this definition Is the consummation of o sale as of a specified date and the passing of title from seller to buyer under conditions whereby; (1) buyer and seller are typically motivated; (2) both parties are well Informed or well advised, and each acting In what he considers his own best Interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment Is made in terms of cash In U.S. dollars or In terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associatedwilh the sale. 'Adjustments to the eomparabfes must be made for special or crealive financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result or tradition or law In a market area; these costs are readily identifiable since the seller pays these costs In virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that Is not already Involved In the property or transaction. Any adjustment should not be calculated an a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate W markers reaction to Iho fmarkdng or concessions based on the Appraisees)udgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the rolls ng conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the properly being appraised a the title to it. The appraiser assumes that The title Is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of It being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of [he Improvements and [he sketch is Included only to assist the reader or the report In visualizing the property and understanding the appraiser's determination of its she. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency for other data sources) and has noted in the appraisal report whether the subject site Is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he a she makes no guarantees, express or Implied. regarding this determination. 4. The appraiser will not give testimony or appear in cowl because he or she made an appraisal of [he property In question, unless specific amargements to do so have been made beforehand. 5. The appraiser has estimated the value of the land In the cost approach at its highest and best use and the Improvements at [heir contributory value. These separate valuations of the land and Improvements must not be used in conjunction with any other appraisal and we Invalid if they we so used. 6. The appraiser has noted In the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc. ) observed during the Inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise staled In the appraisal report, the appraiser has no knowledge of any hidden or unapparenl conditions or the property or adverse environmental conditions (including the presence or hazardous wastes, toxic substances, etc. ) Ihatwoufd make the properly more or less valuable, and has assumed that there are no such conditions and makes no guarantees a warranties, express or Implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser Is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the Information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were hxnished by other parties. B. The appraiser will not disclose the contents of the appraisal report except as provided for In the Uniform Slandards of Professional Appraisal Radice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, a alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal falloff can distribute the appraisal report (including conclusions about the properly value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated ) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage Insurer; consultants; professional appraisal organizations; any stale or federally approved financial institution; or any department, agency, or instrumentality or the United States or any stale or the District of Columbia; except that the lenderfcllenl may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained beige the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 6.93 Page I of 2 Fannie Mao Fam 1004B 6 93 APPRAISERS CERTIFICATION: The Appraiser eerufies and ogees that Meek. 990971 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject properly fa consideration In the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaclion to those items of significant variation. It a significant item in a comparable property Is superior lo, or more favorable than, the subject properly, I have made a negative adjustment to reduce the adjusted sales price of the comparable and. II a significant item in a comparable properly Is Inferior to, or less favorable than the subject property. I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have to ken Into consideration Iho to clots that have an Impact an value in my development of the estimate of market value in the appraisal report. I have not knowingly withhold any significant Information from the appraisal report and I believe, to the best of my knowledge, that erg statements and Information In the appraisal report we bas aMcorrect. 9. 1 slated In the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and funding conditions specified in this farm. 4. 1 have no present or prospective Interest in the properly that Is the subject to this reparl, and I have no present or prospective personal infers st or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, cola, relfgian, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject properly a of the present owners or occupants of the praperties in the vicinity of the subjeclproperty. 5. 1 have no present or contemplated future Interest In the subject properly, and neither my current or future employment not my compensation la pedammi; this appraisal is cantingent on the appraised vale dine properly. 6. 1 was not required to report a predetermined value or direction In value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, at the occurrence of a subsequent event in order to receive my compensation andfor employment for performing the appraisal. I did not base the appraisal report on o requested minimum valuation, a spec&valuation, a the need to approve a specific mortgage loan. 7. 1 performed this appraisal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place 11 11 the effective dale of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market Is a condition In the definition of market value and the eslima[a I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have ope mse staled in the reconciliation section. 6. 1 have personally Inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparable$ In the appraisal report. I further certify that I have noted any apparent aknown adverse conditions in the subject improvements. on the subject site, or on any site within the Immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions In my analysis of the properly value to the extent that Ihad market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject propey. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. It I relied on significant professional assistance from any Individual or Individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such Individual(s) and disclosed the specific [asks performed by them in the reconciliation section of this appraisal report. I certify that any Individual so named Is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, Nan unauthorized change is made to the appraisal report Iw6lake no respons,blity for it. SUPERVISORY APPRAISER'S CERTIFICATION: Ira supervisory appraiser signed the appraisal report, he or she certifies and agrees that; I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appaisefs cedifieations numbered 4 through 7 above, and am taking hg responsibifty fa the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 1850 Pine Roatl Newville Pa 17241 APPRAISER: Sgnalae: _?? a , W 1 Name: Smn A. Skowronek/Steven W. Barrett Dala Signed: 0ecembw 20 1999 Slate Cauficatlona: RL-001572-L a Stale License 0: Slate: Pa Expiation Date of Cutdcztion a License SUPERVISORY APPRAISEFFUoni ififlrequired) / Nano: STEVEN W. BARRETT SRA SRPA Dala S9ned : Decernber20 1999 SlaloCaoficadw N. GA-000298-1. a5ble Licensee: RR-026921-A Slate. PA Expralm Dale of Cerbficalion a License r1X W ? Did flat inspect Napery Freddie Mac Form 4296.99 Paae 2 of 2 Fannin Mae Fam IMIIs 6 Aa MELINDA SUE WEARY, Plaintiff VS. BRYAN DOUGLAS WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7173 CIVIL IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Herschel Lock Thomas J. Williams 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 27th day of November, 2001, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 10/17/01 E. Robert Elicker, II Divorce Master LAW OFFICES IRMN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGERB.IRWIN CARLISLE, PENNSYLVANIA 17013.3222 AIARCUSA. Mc KNIGHT III (717) 249.2353 JAMES D. HUGHES REBECCA R. HUGHES FAX (717) 249.6354 MARK D. SCIIIVARTZ E-MAIL: IMHLAW®SUPERNET.COM DOUGLAS G. MILLER March 12, 2001 E. Robert Elicker, II, Divorce Master Divorce Master's Office 13 North Hanover Street Carlisle, PA 17013 Re: Melinda Sue Weary v. Bryan Douglas Weary Dear Mr. Elicker: IIAROLDS. IRIVLV (1925.1977) HAROLDSIRII'1N.JR. (1914.1986) 1RIVINmVIN&IRIIW (1956-1986) IRIVLV,IRIVI,V&AIcAWGIIT (1986-1994) 1RIVIN,A(cKN1GRT&HUGHES (1994- ) Melinda Sue Weary, the plaintiff is this action, would like to proceed with you in order to resolve this case. She may need additional discovery, but most of the assets are known by the parties. I suggest and hereby request that you schedule a settlement conference to determine if this case can be resolved, and to identify any assets for which discovery is necessary. Very truly yours, IRWIN, IGHT HUGHES Marc A. McKnight, III, Esq. MAWmin cc: Ms. Melinda Sue Weary Thomas J. Williams, Esq. MARTSON MWIVORFF LLI` Y O Mwux TEN FAST HIGII$TRECT GRUSLE, PENNSYLVANIA 1]01} MELINDA S. WEARY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7173 BRYAN D. WEARY, IN DIVORCE Defendant AND NOW, comes Defendant, by his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO and avers as follows in answer to Plaintiff's Petition for Special Relief: 1-3. Admitted. 4. Denied. An appraisal of the marital residence occurred on December 14,1999. This date was recently proposed by Plaintiffs counsel and Defendant promptly agreed. 5. Denied. Defendant's financial information was fully disclosed at the support conference on September 21, 1999. 6. To the extent an answer is required, the "marital home" is a non-marital asset. Defendant owned this before he married Plaintiff on December 2, 1988 and it continues to be titled solely in Defendant's name. Plaintiff suddenly and unexpectedly moved out on August 1, 1999 with the children. While Defendant has no present plans to sell his home, he reserves the right to do so. Defendant is unsure of what Plaintiff means by the "other assets" referred to in her Petition. WHEREFORE, Defendant prays Your Honorable Court to deny Plaintiffs Petition for Special Relief. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By_ Thomas J. WiIIi?Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: December 20, 1999 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correcttothe best of my knowledge, information and belief. Totheextent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. D `? 1(i 1999 CERTIFICATE OF SERVICE. 1, Tricia D. Eckenroad, an authorized agent for Martson Dcardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was servcd this date by depositing santc in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013-3222 MARTSON DEARDORFF WILLIAMS & OTTO ?ic-fa Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 20, 1999 L It_ C 'j Gi _ W 0 MELINDA SUE WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 7173 CIVIL BRYAN DOUGLAS WEARY, Defendant IN DIVORCE TO: Marcus A. McKnight, III Attorney for Plaintiff Thomas J. Williams Attorney for Defendant DATE: Thursday, November 9, 2000 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. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. MELINDA SUE WEARY, Plaintiff/Petitioner V. BRYAN DOUGLAS WEARY, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION -LAW 99-7173 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 7tA day of )LLZ. F1r 1999, upon consideration of the attached Petition for Special Relief, a hearing is hereby scheduled for ?GC. .?.1 .J 'at 8:30 o'clock A-.M., Cumberland County Courthouse, 1999, in Courtroom No. -15- I Courthouse Square, Carlisle, Pennsylvania 17013. The defendant/respondent, Bryan Douglas Weary, is prohibited from the sale or transfer of the marital home located at 1850 Pine Road, Newville, Pennsylvania 17241. The defendant/respondent is also prohibited from selling any other assets until further Order of Court. C4 q 4 11 c/(Vr . O By: J. .?-P'kl .i w. C- -.. ,.f n. ?1 ?1 ?'? .P g, o?c. •.m( .._., _ ,. iJ,i?. ?_ _ --? MELINDA SUE WEARY, Plaintiff/Petitioner V. BRYAN DOUGLAS WEARY, Defendant/Respon dent IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 30th day of November, 1999, comes the Plaintiff/Petitioner, Melinda Sue Weary, by her attorneys, Invin, McKnight & Hughes, and makes the following Petition for Special Relief against the Defendant/Respondent, Bryan Douglas Weary: I. The petitioner is Melinda Sue Weary, an adult individual who resides at 201 York Street, Apartment 8, Enola, Cumberland, Pennsylvania 17025. 1) The respondent is Bryan Douglas Weary, an adult individual who resides at 1850 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 3. The petitioner filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County at Docket No. 99-99-7173 Civil Term on November 29, 1999. 1) : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-7173 CIVIL TERM 9Lh5Z :ON '17'1 unoo outaldnS £S£Z-6bZ-LIL ZZZ£-£IOLI rtnrAldsuuad 3lsgtr? la3alS 13aJu1od 153h\ 09 a3uo11U3d and Aoulolly omnbsg rill 1 ?uxa1N •y snaarlti :Sq `NIMM 'palatwgns dpnp33dsaa 6661 •0£ mgwanoN MIUCI nuotlpod plrs of 3nogr gl,o3 13sda1l31 aql 3pinoad of wiq 3uutnbaa `/ae3M srl,4noCl ur,68 `luapuodsaa 3q1 lsta , , j3p10 up lalua unoo algwouoH stgl legl slsonboi 6pnpoodsa.t',SaeaM 3nS rpu113IN `13uollt13d aql `3iI0MMiM 'unoo3o .loplo lnogltm sossr aoglo Xur jo aajsurll 3111 pun awoq luluew aql jo a33surtl .10 ales 3ql woij luapuodsw oql sltgtgoad golgm lanoD3o .1ap.10 up spas oqs •lauoppod 3ql wojj spiny 3ql Iea3uo3 pur awoq Irlpew aql 113s llim luapuodsal oql lrgl s1ra3 lauollpad 3qy .9 •slunoooe lelourug stq pur `salollod 3ourlnsut DM snI ;iulpau43a 11011euuolul ,Cur p3utulgo lou seq wopuodsaa aqy 'S •3utru snI Of 11311!1 sl 113tgm awoq Irlurut aql 8ulstrldde g1t,1131rjadooo 01 pasnjaa srq luapuodsal oqy 'h -,- ?=? K C?? "> - , ._ 1 ? ? ? . J i? if 1 ?-? U?° ' ? ? : r_ _ ,?, _1 GJ'.'? C^ V?... :riiU y'. :: C= '? i.i:L . ( .- c U U r VERIFICATION The foregoing Petition for Special Relief is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. *&MELINDA SUE ARY Date: November 30, 1999 I i{ 1 I I MELINDA SUE WEARY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW 99-7173 CIVIL TERM BRYAN DOUGLAS WEARY, IN DIVORCE Defendant/Respondent CERTIFICATE OF SERVICE 1, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Special Relief was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Thomas J. Williams, Esq. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 IRWIN, McKNIGHT & HUGHES By: Marcus A eknight, I1, Esquire 60 West Po ret Street Carlisle, PA 17 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 30, 1999 MELINDA S. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN D. WEARY, Defendant NO. 99-7173 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of December, 1999, on the Petition of the Plaintiff, the Defendant, Bryan D. Weary, is prohibited from selling or otherwise encumbering the property located at 1850 Pine Road, Newville, Pennsylvania, 17241, without further order of court. The Defendant is also directed to apprise Plaintiff of any sale of assets from his business and/or any distributions made from the business. This shall be accomplished by providing copies of monthly statements received from the bank to Plaintiff's counsel. By the ourt, 4 Edward E. Guido, J. Marcus A. McKnight, III, Esquire RK.5 For the Plaintiff Thomas J. Williams, Esquire For the Defendant :lfh 1? .^?? r ti NIELINDA SUE WEARY, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-7173 CIVIL TERM BRYAN DOUGLAS WEARY, Defendant/Respondent IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 28th day of April 2000, comes the petitioner, Melinda Sue Weary, by her attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Petition for Economic Relief against the respondent, Bryan Douglas Weary, as follows: The petitioner is Melinda Sue Weary who is the plaintiff in a divorce action tiled at 99- 7173 in Cumberland County, Pennsylvania. Her address is 201 York Street, Apartment 8, Enola, Cumberland County, Pennsylvania 17025. 1) The respondent is Bryan Douglas Weary who is the defendant in this divorce action. His address is 1850 Pine Road, Ncwville, Cumberland County, Pennsylvania 17241. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Spousal support; C. Alimony pendente lite; d. Alimony; C. Costs and expenses; and f. Counsel fees. Respectfully submitted, IRWIN, MO?NIGHT4 Data /)? • I I a? t,1 P my ?-? mil' By: Mau! A. Me"ight; 1 sgmre Attorney for Petitioner 60 Wc.l omfret Street Carlisle, Pen : vania 17013-322 717-249-2353 Supreme Court I.D. No: 25476 1) -c VERIFICATION The foregoing petition for Economic Relief is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. l understand that false statements herein made are subject to the penalties of 13 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. 2000 61 k M LINDA SUE WEARY e Iwiloi?nY I IP MELINDA SUE WEARY, Plaintiff VS. BRYAN DOUGLAS WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7173 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2002, the economic claims raised in the proceeding having been resolved in accordance with a matrimonial settlement agreement dated April 17, 2002, 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, If lil G r . r, .J. cc: Herschel Lock Attorney for Plaintiff Thomas J. Williams Attorney for Defendant MATRIMONIAL SETTLEMENT AGRtE?,EIL,?v?NP THIS AGREEMENT, made this ?7fb day of Mai h, 2002, by and between MELINDA SUE WEARY, hereinafter referred to as "Wife", and BRYAN DOUGLAS WEARY, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Wife and Husband were lawfully married on December 2, 1988; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for their mutual responsibilities and rights growing out of the marriage re lationship;.and T07't3EREAS, vlife, after being properly adr_sed by her attorney, Herschel Lock, and Husband, after being properly advised by his attorney, Thomas J. Williams, have come to the follo'sina agreement. NOW, THEREFORE, in consideration of the above recitals ar_d the following covenants and premises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound ann to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: - 1 - 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as she or he may from time to time choose'or deem fit. 2. INTERFERENCr: Each party shall be free from interference, authority and contact by the other, as fully as if she or he were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malicn the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: ;.life represents and warrants to Husband that since the seoaraticn she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made acainst him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and :warrants to ;fife t'r_at since the - 2 - separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement each party waives her or his right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, its supplements and amendments. Subject to the provisions of this Agreement, each party has released, discharged, and by this Agreement does for herself or himself, and her or his heirs, legal representatives, executors, administrators and assigns, release and discharge the gther of and from all causes of action, claims, rights or demands whatsoelier in. law or equity, which either of the parties ever ad or now has against the other, except any or all cause or causes of action for divorce and except in any or all cause=_ of action for breach of any provisions of this Agreement. Each party also waives their right to recuest marital counseling pursuant to the Divorce Code. 6. DTyTSTON OF PERSO?IAL PROPERTY: ?_11 personal property, household furnishings, furniture - 3 - and the like, as well as stocks and bonds, savings, retirement accounts or pensions of any sort, any other personalty presently in the possession of each party shall remain the sole and exclusive property of that party. 7. DIVISION OF REAL PROPERTY: Wife and husband aciree that contemporaneously with their execution hereof Wife hereby releases all of her right, title and interest in and to the marital home known and numbered as 1850 Pine Road, Newville, Cumberland County, Pennsylvania, to Husband in return of his payment of her of Forty Thousand ($40,000.00) Dollars, said payment to be made by her with thirty (30) days of the date hereof. 8. ALIMONY: 3ath parties acknowledge and agree ^.at the provisions of this Agreement Drovidi-a for ecLitable distr'but_cn of marital property are fair, adeCuate and satisfactory to them and are acceDted by them in lieu of and =^ full and final settlement and satisfaction of anti claims or demands that either mc'i now or hereafter have against the other for support, maintenance or alimony. Wife and Husband further, voluntarily and intelligently, waive and relincuish any right to seek from the other any payment for support or alimony. 9. =.TIMGNY c_DIDEN =__ COUNSEL FEES, AND EXPENSES: Wife and Husband acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. The provisions of this Agreement dealing with alimony, alimony pendente lite, counsel fees, spousal support and the like are intended by the parties to be in full and ccmolete satisfaction of anv statutory marital rights or obligations of the parties. 10. TAX RAMIF ITIONS: The parties have necctiated this Agreement with the understanding and intention to equally divide their marital property. The parties have determined that such equal division conforms to all rights and just standards with retard to the rights of each party. The division of existing marital property is not intended by the parties to constitute or in any way be a sale or exchange of assets. it is understood that the property transfer described in this Agreement falls within the provisions _ c _ of Section 1041 of the Internal Revenue Code, and as such will i not result in the recognition of any gain or loss upon the j' transfer by the transferor. 11. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of her or his property in any way, and each party hereby waives and relinquishes any and all rights she or he may now have or hereafter acquire, under the present laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance widow's allowance, right to take in intestacy, right to take acainst the will of the cth-er, and right to act as administrator or executor of the other's estate, and each will, at the recuest of the other, execute, acknowledge and deliver ahY and all instruments which may be necessary or advisable to carry into effect this mutual waiver and' relinouiS'=ment of all such interests, rights and claims. 12. SUBS°OUE`T DIiO?CE: A complaint in Divorce has been filed by W'_fe. Wife and Husband each agree to sign ccntemooraneously with their executicn her=of an Affidavit of Consent and Waiver of Notice of Intent to n'ile for Divorce to be filed in said divorce action. The parties further agree that each of them shall be responsible for the'_-- own attorney's f==S. =--^. the event such divorce is - F - I' concluded, Husband shall be entitled to receive a copy of the Decree in Divorce for the normal fee charged by the Prothonotary. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which shall be incorporated by reference into the Divorce Decree but, notwithstanding such incorpcration, this Acreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and ccnclusive upon the parties. 13. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at her or his option, remedies or relief as may be available to her or him, and the party breaching this ccr=ract should be responsible for payment of lecal fees and costs incurred by the other in enforcing their rights under this Acreement. 14. kDD I T TONAL INS T R:n•1_l1TC : Each of the parties shall the reauest of the other, execute, the other party anti and all further reouired to give full force and eff Agreement. from time to time, at acknowledge and deliver to instruments that may be act to the provisions of this 15. VOLUNTARY E%ECUTICN: The provisions cf this Acreement and their legal effect 7 _ F.- have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 16. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or understandings other the:: thcse expressly set forth herein. Wife and F.usband acknowledge and agree that the provisions of this Agreement with respect to to distribution and division of marital and separate property are fair, equitable and satisfactor., to them based cn the length of t*:eir marriage and other relevant factors whit:: haa been taken into consideration by the parties. Both parties hereby accept to provisions of this Aare ment 'Nit respect to t_^_e division c= property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or ,erea_ter have against the ether for ecuitable distribution of their property or for alimony, alimony pendente lice, counsel fees or costs bpi any court cf competent jurisdiction pursuant to tie D_'Tcrc°_ Code or anv of*,---- laws. Yiife and Husband each voluntarily and - e intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 17. DESCR_IDTIVE HE.nDI`1GS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoe•:er in determining the rights or cbliaations of the parties. 18. IVD;7V:-: ENT sEDAP- T°_ COVENANTS: ^'_f=Call.! Lnderstocd and agreed '--v and between 15 S,eC the parties her=to that each paragraph hereof shall be deemed to be a separate and independent covenant and agree_me.^_t. 19. =7DL-C--T E L I: This Creemcnt ShF1 be construed under the -aw Of tnc CCmmonwealt_. cf Pennsylvania. 20. VOID CLAUSES: any term, coral--ion, clause or provisicn of this ?creement shall be deter"m=aed or declared to be :old or invalid '_-^ law or otherwise, then only that term, condition or ,orovislCn shall be stricken f rcm this agreement and :- all other recL. ecLe thls Agreement shall be valid and continue in full force ce 9 and operation. 21. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 22. For purposes of interpretation., this Agreement shall he deemed to have been jointly drafted by the parties hereto. 23. MODIFICATION AND 4iAIVER: ?. modification or waiver of anv of the provisions Cf this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. T .-.e failure of either Carty to _4^sist upon strict performance of a=:i of the provisions of th'_s _creement shall not be construed as a wai':=_ of anv subseouent default c`_ the same or similar nature. IN WITNESS W-a==OF, the parties hereto have set their hands and seals the day and year f-rst above written. WITNESS: - ,o - AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) On this, the /,,,.Q Y-A 2002, before me, a Notary Public, SS: ay of tnZV C ?J the undersigned officer, personally appeared MELINDA SUE WEP_RY, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. TN WTTN-SS t/jHE??OF, I have hereunto set my hard and notarial seal. 7 L:' ? I Notary P-abli c NOTARIAL SE•d CONW' I_ FAIL=St= Ndoy Pubic Ha;&burp, CaupNn C." MY CWmWW &OM May 22,2M AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF =N?_ ) La&A O n? k? On this, the ki day of ?4 2002, before me, a Notary Public, the undersigned officer, personally a?neared BRYAN DOUGLAS WEARY, known to me (or satisfactcrily Proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN ...TNEC$ WGE7EOF, I have hereunto set my hard and notarial seal. La 0 j NOTARIAL SEAL Public []:,.SSj0rj . KENP.OA D• roroCumerla Notary County Expires Oot• 23.2004 pp 2592