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Home My WebLink About99-07641 I 5 y?t Jt l Y 11 F .atS 1?? IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STP'T'E OF PENNA. GALEN C. BYERS NO. 99-7641 CIVIL TERM VERSUS ARLENE E. BYERS DECREE IN DIVORCE AND NOW, `a6 a.., S ' 12002 , IT IS ORDERED AND DECREED THAT Galen C. Byers PLAINTIFF, AND Arlene E. Byers DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Property Settlement Agreement made an entered--into-by the parties on January 23, 2uuz, are incorporated into this Decree by reference thereto, but not mnrged into rh' Decree BY THE COURT: TTE J. PROTHONOTARY f i N • G Ol ?? ?`f? hr2 ?l 41 ?z a THIS AGREEMENT, Made this :;)_> day of . Aij 2002, by and between GALEN C. BYERS, hereinafter referred to as "Husband", and ARLENE E. BYERS, hereinafter referred to as "Wife". PROPERTY SETTLEMENT AGREEMENT WITNESSETH: 1969; and WHEREAS, Husband and Wife were lawfully married on September 7, born WHEREAS, two children were born 1973 and Elizabeth Ann, born fNthis marriage, ovember 18, 1980; and Leah Ellen, 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 of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, John J. Krafsig, Jr., and Wife by her attorney, Sandra L. Meilton, 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. SEPARATION- It shall be and apart from the other atu such place or places as all he times or sheemaytfrom time to time choose or deem fit. A 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she 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 malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on March 1, 1999 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 their separation on March 1, 1999 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 harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Debt Responsible Party Lien on Locust Point Road Property Wife Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all - 2 - claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her 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. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, 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 his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 It. sea., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. - 3 - . .d, . t A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit "A" attached hereto, which items shall be distributed in accordance with Exhibit "A", and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit "A". T all items parties of tangible v and divided intangible between marit T themselves, to their mutual satisfaction party shall make any claim to any such items of marital property, or of the separate o personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with Exhibit "A" attached hereto or which shall be distributed in accordance with this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Execution of any additional instruments referenced by this paragraph shall be done at no cost or charge to either party. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. With the exception of the 150 Byers Road Farm property which, per Paragraph 7.B.(7), is governed by the terms of an irrevocable trust, from and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither - 4 - ,.< r t •. Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF REAL ESTATE: (1) 901 West Trindle Road - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 901 West Trindle Road, Mechanicsburg, Pennsylvania (hereinafter referred to as "the Trindle Road property"). The parties agree as follows with respect to the Trindle Road property: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Trindle Road property to Wife and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Trindle Road property. (b) The transfer of the Trindle Road property from Husband and Wife to Wife alone is subject to a right-of-way on said property for the purpose of a sewer line which services the lot referred to in subparagraph (5) below. (c) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Trindle Road property shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (d) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Trindle Road property regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. - 5 - r t (2) 286 South Locust Point Road - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 286 South Locust Point Road, Mechanicsburg, Pennsylvania (hereinafter referred to as "the Locust Point Road property"), subject to a mortgage with Jacob L. and Marcella A. Lammeree. The parties agree as follows with respect to the Locust Point Road property: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Locust Point Road property to Wife subject to the mortgage held by Jacob L. and Marcella A. Lammeree and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Locust Point Road property. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Locust Point Road property shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Locust Point Road property regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. Wife shall, simultaneous with the signing of this Agreement, produce verification that Husband has been released from all liability on the Jacob L. and Marcella A. Lammeree mortgage on the Locust Point Road property. (3) 319 Walnut Street -- The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 319 Walnut Street, Boiling Springs, Pennsylvania (hereinafter referred to as "the 319 Walnut Street property". The parties agree as follows with respect to the 319 Walnut Street property: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the 319 Walnut Street property to Wife and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the 319 Walnut Street property. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the 319 Walnut Street property shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the 319 Walnut Street property regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. (4) Lot in Mechanicsburg -- The parties acknowledge that they are the owners, as tenants by the entireties, of a lot located at 901 West Trindle Road, Mechanicsburg, Pennsylvania (hereinafter referred to as "the Lot"). The parties agree as follows with respect to the Lot: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, to transfer all his right, title and interest in the Lot to Wife and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Lot. (b) Husband and Wife agree that the sewer line which services the Lot crosses the 901 West Trindle Road property which is being transferred to Wife under paragraph 7.13.0) of this Agreement. The parties agree that they shall take all steps necessary to assure that the - 7 - ../ / Lot continues to be serviced by the sewer line crossing the 901 West Trindle Road property and that the deeds for both the Trindle Road property and the Lot reflect that the 901 West Trindle Road property is subject to a right-of-way given to the Lot for the limited purpose of the sewer line. (c) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Lot shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (d) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Lot regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. (5) 56 Acre Plot -- The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property located on York Road in Monroe Township, Cumberland County (hereinafter referred to as "the 56 Acre property"). It is acknowledged by the parties that the 56 Acre property consists of three (3) separate parcels of land (i.e., an approximate 14 acre parcel; an approximate 19 acre parcel and an approximate 25 acre parcel). The parties agree as follows with respect to the 56 Acre property: (a) At the time of the execution of this Agreement, Wife shall execute all documents necessary including a deed, to transfer all her right, title and interest in the 56 Acre property to Husband and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Husband shall be the sole and separate owner of the 56 Acre property. (b) Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the 56 Acre property shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be - 8 - entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the 56 Acre property regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. (6) York Road Lot -- Husband maintains that Husband and Wife are the owners, as tenants by the entireties, of a lot on York Road in Monroe Township, Cumberland County (hereinafter referred to as the "York Road Lot"). Wife has no recollection of this lot existing as an entity separate from the "56 Acre property". However, to the extent that such lot exists separate from the 56 Acre property, the parties agree as follows: (a) At the time of the execution of this Agreement, Wife shall execute all documents necessary including a deed, to transfer all her right, title and interest in the York Road Lot to Husband and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Husband shall be the sole and separate owner of the York Road Lot. (b) Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the York Road Lot shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the York Road Lot regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held - 9 - F.".-II harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. (7) 150 Byers Road Farm -- The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as a 99 acre plot of real estate in South Middleton Township, Cumberland County, Pennsylvania, which includes a three (3) acre plot in Monroe Township, Cumberland County, Pennsylvania (i.e., the 99 acres includes the three (3) acres) (hereinafter referred to as the "150 Byers Road Farm"). At the time of the execution of this Agreement, Wife shall execute all documents necessary including a deed, to transfer all of her right, title and interest in the 150 Byers Road Farm to Husband. i Contemporaneously with the signing of this Agreement and Wife's transfer to Husband, Husband shall place the 150 Byers Road Farm property into an irrevocable trust for the benefit of the parties' daughters, Leah I! and Elizabeth. The irrevocable trust documents shall, by agreement of the parties, be prepared by Husband's counsel. Per the attache trust trust shall include, but shall not be limited to, thef ollowin9ocument, the terms of the (a) Husband is to have the absolute right to farm 150 Byers Road Farm for his lifetime. (b) Wife shall be entitled to reside on the 150 Byers Road Farm at no charge, other than utilities and minor maintenance until Elizabeth has completed her education (for a period not to exceed three (3) years from the date of the signing of this Agreement), at which time Wife shall have the option to reside on the 150 Byers Road Farm at a monthly rental charge of $1,000 per month payable from Wife to Husband. If Wife is residing on the 150 Byers Road Farm four years from the date of this Agreement, the monthly rental charge of $1,000 shall be reviewable and rental may be increased by factoring all of the recognized rental factors employed in the Central Pennsylvania area for the imposition of rental values on such type of residential properties. - 10 - (c) At no point in time while the trust is in existence shall a third party be permitted to obtain an interest in the 150 Byers Road Farm. Husband agrees that in the event of his remarriage, he shall sign and secure the signature of his fiancde on a Prenuptial Agreement sufficient to preserve the Byers Road Farm property for the benefit of Leah and Elizabeth and sufficient to ensure that there will be no effort made to, in any manner, diminish the assets and or value of the irrevocable trust or to defeat the purpose of this Agreement by virtue of the marriage. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the 150 Byers Road Farm shall be endorsed to reflect the irrevocable trust as sole owner thereof. Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the 150 Byers Road Farm regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. 8. NOTIFICATION OF CONVEYANCE FOR PROPERTIES ENROLLED UNDER THE PENNSYLVANIA FARMLAND FOREST LAND ASSESSMENT ACT OF 1974: (HEREINAFTER REFERRED TO AS THE CLEAN AND GREEN ACT): In order to accommodate the Notification Provisions the transfer of the 56 acre plot (paragraph 7 B.(5)); the York Road lot (paragraph 7 B.(6)); and 150 Byers Road Farm (paragraph 7 B.(7)) shall be accomplished as follows: (a) Simultaneous with the signing of this Agreement, the parties shall sign Deeds transferring these three parcels from Husband and Wife to Husband alone. (b) Husband shall sign a Deed transferring the 150 Byers Road Farm from Husband to an irrevocable trust established for the benefit of the parties' daughters, Leah and Elizabeth, as set forth in paragraph 7. 11 - (c) The four Deeds referenced in paragraphs (a) and (b) above shall be held in escrow by Wife's attorney until the required thirty (30) day notice for the conveyance of properties under the Clean and Green Act has been satisfied. (d) Husband and Wife and, if necessary, counsel for Husband and Wife shall sign the required Notification form and forward same to the Cumberland County Tax Assessor. The Notice shall advise the Tax Assessor of the transfer of the York property from Husband and Wife to Husband and of the dual transfer of the Byers Road Farm property from Husband and Wife to Husband and then from Husband to the irrevocable trust. (e) After the required thirty (30) day notice period has been completed, the Deeds shall be recorded by counsel for the parties. (f) Both parties will cooperate fully to assure to the best of their ability that the transfers of these properties create no adverse tax consequences. With regard to the Clean and Green Act, to the extent that adverse tax consequences arise as a result of the transfers, Husband shall be solely responsible for any tax liability or adverse tax consequences created as a result of the transfers. 9. RETIREMENT AND OTHER EMPLOYMENT BENEFITS: The parties hereby waive any and all right to claim any interest or share in each other's pension, profit sharing plans and other employee benefits, if any, from their present or past employers. The parties acknowledge that Husband is self-employed and that Wife is employed by the United States Bankruptcy Court and as a result of said employment, Wife has a Civil Service Retirement System (CSRS) Defined Benefit Pension Plan. Both acknowledge that they have received information regarding the existence or non-existence of such employment benefits including, but not limited to, defined benefit, profit sharing, pension contribution plans and 401(k) plans and are satisfied with the information so provided. Specifically, the parties agree that Wife shall retain as her sole and exclusive possession the benefits identified herein and all retirement and/or pension benefits to which she is entitled by virtue of her service with the United States Bankruptcy Court. Husband shall waive all right, title and interest thereto. Husband hereby waives all of his right, title and interest to the plan identified above. Specifically, but not limited to, Husband hereby agrees to waive the following: - 12 - - -dam--- r f ?: (a) his right to object to Wife's borrowing against or withdrawing from said plan; (b) his right to any and all survivor annuity to which he may be entitled; and (c) the requirement that a formal Court Order Acceptable for Processing (COAP) be prepared by Wife and provided to the Plan Administrator. To the extent that at COAP is required by the Plan Administrator or the Federal Government in order to implement the intent of the agreement, Husband shall cooperate fully in the preparation and signing of said documents, which documents shall constitute a waiver of any and all rights which Husband has by statute or otherwise to share in Wife's Civil Service Retirement (CSRS) Defined Benefit Pension Plan; and (d) his right to any and all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom and any other rights related to any profit sharing plan, retirement plan, pension plan, employee stock option plan, employee savings plan, IRA plan, accrued unpaid bonuses, or like benefit program existing by reason of Wife's past, present or future employment, including all of Wife's accrued benefits with the United States Bankruptcy Court. 10. THRIFT SAVINGS PLAN: The parties acknowledge and agree that Wife, by virtue of her employment with the United States Bankruptcy Court, is the owner of a Thrift Savings Plan. Husband acknowledges that he has received information regarding the existence of the Thrift Savings Plan and agrees that Wife shall retain the Thrift Savings Plan as her sole and exclusive possession. Husband hereby waives all of his right, title and interest to said plan. Specifically, but not limited to, Husband hereby agrees to waive the following: (a) his right to object to Wife's borrowing against or withdrawing from said plan; entitled; (b) his right to any and all survivor annuity to which he may be (c) the requirement that a formal Court Order Acceptable for Processing (COAP) be prepared by Wife and provided to the Plan Administrator. To - 13 - the extent that at COAP is required by the Plan Administrator or the Federal Government in order to implement the intent of the agreement, Husband shall cooperate fully in the preparation and signing of said documents, which documents shall constitute a waiver of any and all rights which Husband has by statute or otherwise to share in Wife's Thrift Savings Plan; and (d) his right to any and all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom and any other rights related to the thrift savings plan including, but not limited to, all of Wife's accrued benefits with said plan. 11. FINANCIAL ACCOUNTS: The parties agree that at the date of separation, Husband had accounts with PNC Bank and Adams County National Bank. Following separation, Husband transferred all of these funds to the Orrstown Bank. The parties agree that for the purposes of this Agreement, the value of these accounts equals $322,000. Husband shall transfer $182,000 of this amount to Wife and Husband shall retain the remaining funds of approximately $140,000 as his sole and separate property. After receipt of the $182,000, Wife hereby waives all of her right, title and interest in said accounts with Orrstown Bank. The parties agree that Wife shall retain the following accounts: (a) New Cumberland Credit Union account, #040870 (see explanation below for this account) (b) M&T Bank, checking account #2675010041 (account utilized for the rental properties) (c) Fulton Bank checking account, #362185907. (d) Fulton Bank savings account, #1370-96483 The New Cumberland Credit Union Fund Account, Account No. 40870, includes a number of subaccounts, one of which consists of certificates of deposit obtained from the sale of real estate held by the parties during the marriage (see Paragraph 15 below). Per Paragraph 15 below, this money shall continue to be used to fund Elizabeth's college education and shall be managed by Wife. The parties agree that Wife shall manage the account on behalf of Elizabeth and agree that said account shall be used for Elizabeth's educational purposes only. If any - 14 - funds remain in the account upon Elizabeth's completion of her higher education, the balance remaining the account shall be distributed to Elizabeth. Husband hereby waives any right, title and interest in the above accounts being retained by Wife. 12. HUSBAND'S BUSINESS: Wife hereby agrees to transfer to Husband any right, title or interest she may have in connection with Husband's agricultural business known as Byers' Farms and Wife further agrees to sign any and all documents necessary to enforce this provision. In exchange for such transfer, Husband shall assume and pay any and all liabilities owed or incurred by either of the parties because of Husband's ownership or operation of said business and save Wife harmless from any and all such claims or demands made against her by reason of such liabilities. 13. RENTAL INCOME FOR OR SALES OF RENTAL PROPERTIES: Husband waives any and all rights, title and interest in the income received by Wife as a result of rentals or sales during the period from the date of separation to the present time for the rental properties located at 901 West Trindle Road, Mechanicsburg, PA; 286 South Locust Point Road, Mechanicsburg, PA and 319 Walnut Street, Boiling Springs, PA. In exchange for such waiver, Wife shall assume and pay any and all liabilities owed or incurred in connection with said rental properties because of ownership or maintenance of said properties and save Husband harmless from any and all such claims or demands made against him by reason of such liabilities since date of separation to the present time. 14. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1996 Ford Explorer shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances; - 15 - E (b) the 1999 Ford Pick up truck shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; (c) the 1931 Ford shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances; (d) the Farmal farm tractor shall be shared by Husband and Wife for purposes of keeping the 150 Byers Road Farm property maintained. If Wife moves from the 150 Byers Road Farm, the said tractor will remain with Husband. Any repairs to the said tractor shall be shared by the parties during the time the property is being shared; (e) all other farm equipment located on the 150 Byers Road Farm or elsewhere in the possession of Husband shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and (f) the titles to the said motor vehicles and farm equipment shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 15. MARY LEHMAN SALES AGREEMENT: The parties agree that the Mary Lehman sales agreement resulting from the sale of real estate located at Belle Drive, Dickinson Township, Cumberland County, Pennsylvania and currently held by Husband and Wife shall be transferred to Wife and used to fund Elizabeth's college education. The parties agree that Wife shall manage the fund on behalf of Elizabeth. (see Paragraph 11 above). Husband shall sign any documents necessary to waive his right, title and interest to the continuing payments due under this sales agreement. 16. LIFE INSURANCE: Husband has two policies that have cash surrender values, one with MONY, policy number 617 06 44 and the second with Northwestern Mutual Life Insurance Company, policy number 5755741. Said policies shall remain the sole and exclusive possession of Husband and Wife hereby waives any right, title and interest she may have in said insurance policies and their respective cash surrender values. - 16 - 17. HUSBAND'S REAL ESTATE AT COCKLEY MEADOWS DRIVE: Husband owns real estate located at 1441 Cockley Meadows Drive, Boiling Springs, Cumberland County, Pennsylvania. Said real estate shall remain the sole and exclusive possession of Husband and Wife hereby waives any right, title and interest she may have in said real estate and shall execute a quit claim deed for said property. 18. 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 any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 19. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are 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. 20. INCOME TAX PRIOR RETURNS, The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the - 17 - cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 21. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, 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. 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. 22. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct Defendant's attorney to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Defendant's attorney shall see that all appropriate documentation is promptly transmitted to the Court to obtain an Decree in Divorce for the parties. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. - is - 23. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 24. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 25. 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 reasonably required to give full force and effect to the provisions of this Agreement. Execution of any additional instruments referenced by this paragraph shall be done at no cost or charge to either party. 26. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve ss their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. - 19 - 27. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect 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. 28. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife 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 by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 at. seg. or any other laws. Husband and Wife each voluntarily and 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. 29. DISCLOSURE: Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court of competent jurisdiction. The respective parties do hereby acknowledge, recognize and accept that there has been full and fair disclosure to the other of his or her assets and - 20 - . -: ?.? ?_..__. 1. ?.1w t! l?-(4 k liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators and assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 30. 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 any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 31. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 32. 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. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. - 23. 34. 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. 35. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. J .. „ i 4??? )-vtr (4-(SEAL) Galen C. Byers O EAL) rlene E. Byers -22 - COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ( SS: ) On this, the OCLT day o 2002, before me, a Notary Public, the undersigned officer per r sonal) known to me (or satisfactorily y geared Ga slen c Byers, ribed to the foregoing Property Settlement Agr ementeand ack ohwledged that he ex ecuted the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set hand and official seal. i "Notary Public ? L107ARIAI SEAL ?uUlic Fnsh°SCN s'ConFxSdi?s Cct.24I COMMONWEALT F PENNSYLVANIA ) COUNTY OF ( SS: ) On this, the '3&6yl day of me, a Notary Public, the undersigned officer, ersonally eared Arle 002, before . Byers, known to me (or satisfactorily proven) to be t e person w'=?a ose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set 27422.1 hand and EXHIBIT "A" Wife shall retain the following items: All items in the Byers Road Farm property except the items noted below. Husband shall retain the following items: Items noted below in the Byers Road farm property: Lazy Boy recliner Weather monitor Skinning knife Meat saw Wagon seat bench Husband's guns including his childhood gun: Remington 22, Remington 16, 410 Rifle and 270 Rifle Gun cabinet made by Husband's uncle Byers family papers Home made soap in attic by Husband's mother Husband's toys, tractors, implements, metal Husband's wooden train (first train) Star Barn pictures, etc. Picture of York Road Farm Husband's toys in attic Dinner bell from farm Husband's yearbooks from school, diploma, birth certificate and other important Personal papers Coins in safe that were Husband's mother's (quarters, silver dollars, etc.) Items noted below are in Husband's possession: Oliver Tractor Flat wagon from Husband's father Shop tools S. K. Sockets Snap Ring Bars Air tools Wrenches Screw drivers Tool chest Tables from Ivan Cassette :: a..v"cura I ' Y PREAMBLE EXPLANATION FOR REVISED BYERS FAMILY IRREVOCABLE TRUST WHEREAS, the true mutual intent of the parties was to to provide an irrevocable Trust for the benefit of the parties' daughters, Leah and Beth, for the real estate at 150 Byers Road, Cumberland County, Pennsylvania, in which the sole res of the Trust was the said real estate; and that otherwise Galen would be able to operate his farming business unimpeded for his livelihood, in which at his death, said real estate was to vest in the said daughters. AND WHEREAS, the proposed Trust Agreement prepared by Peter Ressler, Esquire, without any consultation with John J. Krafsig, Jr., Esquire, Attorney for Plaintiff, Galen C. Byers, unilaterally proposed a number of terms and conditions which were never agreed to by the said Galen C. Byers. Attached hereto, as Exhibit "A", is a true and correct copy of the scope of the written proposal made by Arlene E. Byers to Galen C. Byers unilaterally. AND WHEREAS, the said proposed Trust Agreement does not accurately reflect the true agreement of the parties and requires the provisions hereinafter set forth to properly reflect the true agreement by and between the said parties. AND WHEREAS, it is fully known to the parties, that i. 11 the very purpose of the said Irrevocable Trust, was to reflect ; an agreement between Galen C. Byers and his two daughters, and that Arlene E. Byers was not to have any interest in the matter, or be involved in the manner, by reason of a pending divorce ; action in Cumberland County, Pennsylvania; and in which despite this fact, purported to have her named as a "Co-Trustee." AND WHEREAS, it has been determined, that by reason of the fact, that the gifting of a portion of the real estate to the daughters, creates legal problems and contingencies that neither of the daughters would have the ability to prevent, by virtue of receiving even a fractional interest in the said real estate, prior to the death of the said Galen C. Byers; which includes, but not exclusively to the potential of impairing his security and right to operate the business, in which any third party obtaining legal right to their respective interest could cause an action of partition to be filed; in the event of marital discord with a spouse, could be the subject of equitable distribution; and in the event of any financial problems regarding any creditors, could be the potential subject matter of an attachment or lien; all of which would be an invasion and detriment to the very right of the said Galen C. Byers to be free from any such matters or occurrences that would impede or impact on his ability to operate the farming business and to enjoy a livelihood. ®n AND WHEREAS, it was never intended the said Galen C. Byers should in any way transmit or provide moneys, whether income or principal of any nature to fund the said Trust; and therefore a number of provisions in the prior prepared agreement are not applicable and further federal and state taxes would be relatively minimal in relation to the size of the asset and benefit to be conferred to the said daughters; and that for a proper concern for the right of the said Galen C. Byers to earn a livelihood during his lifetime unimpeded by the actions of any third persons, it is believed that the daughters beneficiaries are in accord with the same. AND WHEREAS, it was never intended between the parties that the said Galen C. Byers should be responsible to account to any other persons, which would constitute an unwarranted and in- trusive invasion of his privacy and the right to conduct his-farm- ing business unimpeded by actions of third persons, recognizing therefore the legitimate concerns to reflect the security in the foregoing revised agreement. AND WHEREAS, by reason of the unilateral attempt to impose conditions on Galen C. Byers relating to the funding of moneys, both interest and principal and beyond the scope of which was intended, i.e. the benefit of the daughters at his death, in which the daughters retain all rights to make such disposition or estate planning, as they deem proper and appropriate for their own interest. I! Ii i i 11 AND WHEREAS, the following recitals to paragraphs in the prior proposed Agreement, which are not priate commencing at Article III (a), page through page 6, through page 7, through pag and part of page 10, together with part of stitutes an elaboration of trust provisions that which contemplated or agreeable. agreeable or appro- 4, through page 5, 8, through page 9, page 11, which con- far above and beyond Further agreed as follows: ne 1. As part of the selllemcnl, Galen will assign the flmdo daughters Leah and Belli by execution of an irrevocable trust that will gill a portion to them annually beginning in 2002 and continuing until the property has been fully gilled to them or Galen becomes deceased. Galen Is to have full permission to farm the farm for his lifclimc. The deal may have to include Leah and Belli. No sales permitted unless written permission is given by Leah and Belli anct the resources are shared equally between Galen, Leah and Belli. y ?' /qL/1 ylr?LQ. d1rC?t/UrlL?I,,'•CG.•LN/ 2. Arlene may reside in lire home at 150 Byers Road ?t do charge, other than utilities and minor maintenance until Belli has completed tier education at which lime Arlene will have the option to remain in the honrc at a mmrlhly rental charge of $1,000 per month. 3. Arlene mid Galen will share the tractor valued at $4,500 for purposes of keeping the 150 Byers Road properly maintained. If Arlene moves from Byers Road, the tractor will remain with Galcn. Any repairs to the tractor will be shared by the parties during the time the properly is being shared. 4. All proceedings pertaining to divorce and properly settlement which require either party to produce records, informalioa or research, shall be brought to a halt and any such requests considered withdrawn. 5. With the exception of those dents already received by Galen or no longer in Arlene's possession, Galen will receive the household items listed in Plaiuliff's Pre-trial Statement to the Master, dated August 7, 2001, as Exhibit "B" (g). Galen C. Byers Date Arlene E. Byers Date I ,. IRREVOCABLE AGREEMENT OF TRUST THIS AGREEMENT made this day of January, 2002, by and between ARLENE E. BYERS, of Carlisle, Cumberland County, Pennsylvania and GALEN C. BYERS, of Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as "Grantors" AND GALEN C. BYERS, Trustee, hereinafter referred to as "Trustee." WITNESSETH: WHEREAS, the "Grantors" desires to irrevocably assign the assets and properties listed in Schedule "A" to the "Trustee" to manage and control for the benefit of the beneficiaries named in this Agreement. In consideration of the mutual covenants and agreements contained in this Agreement, "Grantors" and "Trustee" agree as follows: ARTICLE I: "Trustee" agrees to hold and administrator the assets of this Trust, and the assets transferred by the "Grantors" hereinafter referred to as the "Trust", in trust nevertheless for the uses and purposes set forth in this Agreement. ARTICLE II: During the lifetime of Galen C. Byers: (a) Galen C. Byers shall have the exclusive right ? I to use the real property and improvements, hereinafter referred to as the "[arm property, in his agricultural and farm business for his lifetime, subject to the following: (i) Galen C. Byers shall not be required to pay any sum to the Trust for the use of the said farm i property, but shall be personally responsible for all real estate taxes, special assessments, snow removal, property, fire, extended coverage and liability insurance, major repairs, including but not limited to roofing, water, and furnace. (ii) The rights of Galen C. Byers to farm the property and to exercise all rights of an owner of real estate in fee simple, are personal to him and shall not be transferred or assigned to any other persons or entities, other than the right to engage and employ any persons he deems necessary for the beneficial operation of the farming of the said farm property, which shall be in his sole dis- cretion. (iii) The rights of Galen C. Byers to utilize the farm property shall cease and terminate upon his death. (iv) The said Galen C. Byers shall not utilize the farm property in the Trust as collateral or in any manner which imposes a lien against the said farm property, without the prior written consent of the said beneficiaries. (v) The said Galen C. Byers rights under j' - 2 - this Trust shall cease and terminate upon the sale or similar disposition of the farm property held by this Trust, with the written consent of the said beneficiaries. (b) That Arlene E. Byers shall have the exclusive right to occupy the residence on the farm property as her principal residence, including a reasonable area around the residence for her personal use and a right of way to the residence for access to and from the residence, for as long as she desires, subject to the following: (i) For a period of three (3) years ending on January 31, 2005, no rental shall be payable for the use of the said residence. (ii) Commencing February 1, 2005, monthly rental in the amount of One Thousand ($1,000.) Dollars shall be paid for the use of the said residence to the said Galen C. Byers. Thereafter, there shall be an annual review of said rental to determine any increase utilizing recognized rental factors in Central Pennsylvania residence rentals. (iii) Arlene E. Byers shall be responsible for expenses associated with her occupancy of the residence, including but not limited to: TV cable, heating expenses and minor repairs (including painting, wall papering and similar cosmetic improvements). (iv) Arlene E. Byers shall be responsible - 3 - for providing insurance on her personal property located on the real property. (v) The rights of Arlene E. Byers to use the residence are personal to her and shall not extend to any other persons and shall not be transferred, assigned or set over in any way to any other person or entity. (vi) All rights of Arlene E. Byers to use the residence shall cease and terminate on the 30th day after she is no longer occupying the residence as her primary residence. (vii) Arlene E. Byers shall not use the residence as collateral or any manner which imposes a lien or charge against said residence without the prior written consent of the Trustee. (c) The Trustee may sell or otherwise dispose of the development rights and/or easements associated with the farm property by joinder and the written consent of the said beneficiaries. (i) In the event that said sale is made prior to Galen C. Byers' death, then the proceeds from the sale or disposition shall be divided equally between the said Galen C. Byers and his two daughters or their respective estates as further defined in this agreement. (ii) The Trustee, in his absolute discretion, - 4 - i may use his share of said moneys from the disposition of development rights or easements associated therewith, to make permanent improvements to the farm real property, including but not limited to replacement of out buildings on the farm property. (iii) The beneficiaries, at their discretion, may take their share of said moneys or leave said moneys in the trust. ARTICLE III: Upon the death of Galen C. Byers, the said Trust shall terminate and deem to be self executing, in which the res of the Trust shall be transferred and conveyed equally, share and share alike to the said daughters; and/or their estate, heirs, executors, administrators and assigns, prohibiting only that the said Arlene E. Byers shall not be a beneficiary in the said real estate disposition, except as to the daughter or daughter, naming her as their/her beneficiary. (a) Further, that upon the death of the said Galen C. Byers, to further insure the orderly transfer of the re- spective interest to the daughter beneficiaries, Leah E. Shiley, shall serve as successor trustee and be vested with all powers and authority, without the necessity of prior court approval or posting any bond to effect the transfer of the respective real estate interest to the said daughter beneficiaries. ARTICLE IV: That in the event, during the - 5 - lifetime of the said Galen C. Byers, that it was deemed to be mutually beneficial to the daughter beneficiaries and the said Galen C. Byers to sell the real estate; that the said real estate may be sold with the written consent of the daughter beneficiaries, and the net proceeds be divided equally, between the said Galen C. Byers and his two daughters, i.e. beneficiaries. (a) And therefore, the Trustee shall have no power or authority to sell or mortgage the real property held by this Trust, without the prior written consent of the then living daughters; and as previously recited in this Agreement. (b) By reason of the fact, that there is to be no funding of moneys, either income or principal by the said Galen C. Byers during the lifetime of this Trust, any provisions relating to the rights of third persons to effect, attach or re- ceive money or income from the said Trust, are inapplicable and requires no further recital. ARTICLE V: That as to any daughter, who should predecease the said Galen C. Byers, that it is expressly understood that her respective interest shall vest in her estate, issue if any, executors, administrators or assigns for such disposition as that particular daughter wishes the usage of the receipt of her share of the said real estate. ARTICLE VI: This Agreement of the Trust is irrevocable and may not be modified or amended. - 6 - i . ARTICLE VII: Grantors make the following provision with respect to Trustee: (a) That in the event that the Trustee is unable to serve for the remainder of his lifetime, the said Leah E. Shiley shall serve as successor Trustee and if she should die or is unable to serve, then Elizabeth A. Byers shall serve as successor Trustee. (b) No Trustee shall receive compensation for services rendered. (c) The Trustee shall not be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Agreement. (d) The Trustee is specifically relieved from the duty of filing bond or entering security. ARTICLE VIII: The initial situs of this Trust shall be in Cumberland County, Pennsylvania; and the Trustee may determine, from time to time to change the situs of this Trust established under this Agreement. However, no change in situs shall be effective until written notice shall have been provided to the beneficiaries of the Trust. ARTICLE IX: (a) For the purpose of the valuation of the res of the said Trust, it is stipulated and agreed, the value is $850,000. (b) Further, the said Galen Byers agrees and stipulates, that upon the execution of the Property Settlement - 7 - Agreement and this Irrevocable Agreement of Trust, his interest passes to the Trust and no interest shall remain in his Estate. That if he should remarry, a Prenuptial Agreement with that party shall be executed, waiving any possible claims to that res, in- cluding but not limited to any increase in value of the res or any assets resulting from a transmutation of property in the res occurring from the date of the signing of this document, and providing a copy of the same to the said beneficiaries. IN WITNESS WHEREOF, we have set our hands and seals, this day and year first written. i ne s Witness / Arlene . Bye s TRUSTEE: /t /??u(. ?? •t6! (SEAL) I St 'e s Galen C. Byers GRANTORS: A`lza.aetL C l I? ( SEAL ) Ga en C. Byers z (SEAL) - 8 - TI SCHEDULE "A" Real property consisting of approximately 98.53 acres and known as 150 Byers Road, Carlisle, Cumberland County, Pennsylvania, Tax Parcel No. 40-09-0535.005. :282624 1 I *, COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this, the day of January, 2002, before me, a Notary Public, the undersigned officer, personally appeared Galen C. Byers and Arlene E. Byers, Grantors, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the within instrument for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notary seal. I Notary Public My Commission Expires: (SEAL) F> SANDW\ L S }{attist?tg L'za:aaCcra; MYCnrrtimia:onEtpu=s OcL24,20221 -- tll } 1 ' - C? J If GAIEN C. BYERS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION APJM E. BYERS NO. 99-7641 CIVILTERM To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the complaint: Decenber 31, 1999, certified mail 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff January 23, 2002 ; by defendant January 23, 2002 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: January 24, 2002 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: January 24, 2002 Attorney for iAflfpV Defendant 1 r A 1 _ c CID 1 r _ N ? ? = ' U GALEN C. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW C ARLENE E. BYERS, NO. 99 - 7G It/ djvct r-7"- Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and 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. IF YOU DO NOT.FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OF ANNULMENT IS ENTERED, 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. Court Administrator 3rd Floor - Cumberland County Courthouse Carlisle, Pennsyvlania 17013 Telephone: 717-697-0371 l ohn J. a Ea i e Attorne or Plain f l 2921 No Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of C?mh.6and County, Pennsylvania. This notice is to advise you that in accordance with H202(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date of which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary i GALEN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 9q.-)6Y/ ARLENE E_ BYERS, Defendant IN DIVORCE COMPLAINT IN DIVORCE Count I AND NOW, comes the above mentioned Plaintiff, by his lawful counsel, John J. Krafsig, Jr., Esquire, who respectfully represents as follows: 1. The Plaintiff is an adult individual pre- sently resides at 1441 Cockleys Meadow Drive, Boiling Springs, Cumberland County, Pennsylvania 17007; and has resided there since on or about February 28, 1999. 2. The Defendant is an adult individual pre- sently resides at 150 Byers Road, Carlisle, Cumberland County, Pennsylvania 17013; and has resided there since on or about 1968. 3. The Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth of Penn- sylvania for a period of more than six (6) months immediately - 1 - preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 7, 1968 at Dillsburg, Pennsylvania. 5. Neither the Plaintiff or Defendant are in the military service of the United States or its allies, with- in the provisions of the Soldiers and Sailors Civil Relief Act of the Congress of 1940, and its amendments. 6. The cause of action, Plaintiff is preceding pursuant to Section 3301(a)(6) of the Divorce Code, which the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render his condition intoler- able and life burdensome; or pursuant to Section 3301(c) of the Divorce Code, the Plaintiff avers that the marriage is irretrievably broken and that he is entitled to a divorce under the provisions of this Section. 7. There has been no prior actions in divorce and/or annulment between the parties in this or any other juris- diction. 8. The Plaintiff has been advised of the avail- ability of counseling and the Plaintiff may have the right to request the parties to participate in counseling. 9. The parties have not entered into a written agreement, with regard to property division and alimony. - 2 - WHEREFORE, the Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff and Defendant. - Count II - Equitable Distribution - 10. Paragraphs 1 through 9 inclusive of this Com- plaint are incorporated by reference and made a part hereof. 11. The Plaintiff and Defendant have acquired pro- perty, both real and personal during their marriage from September 7, 1968 until February 28, 1999, the date of their separation. 12. The Plaintiff and Defendant have been unable to agree, as to an equitable division of said property. WHEREFORE, the Plaintiff requests your Honorable Court to equitably divide all marital property. Count III - Alimony 13. Paragraphs 1 through 9 of this Complaint, are incorporated by reference and made a part hereof. 14. The Plaintiff lacks sufficient property and assets to provide for his reasonable means and is unable to support himself through appropriate employment, as required. 15. The Plaintiff requires reasonable alimony to adequately maintain himself in accordance with the standard of living established during the marriage. WHEREFORE, the Plaintiff requests your Honorable Court - 3 - r to enter an award of alimony in his favor. AND HE WILL EVER PRAY; Respectfully submitted, ' n J. Nor-a: sig, -J& , q?fi re 921 torne for Pli iU rth Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney' I.D. #06840 Dated: December Mll?-' , 1999 f h a tl f; - 4 - VERIFICATION AND NOW, to wit, this /A day of December 1999, I, Galen C. Byers, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Complaint, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. 9? -CZ a2 Galen C. Byers, la=lntiff joll'. J. j :,.AF:;Ic,. jK. GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c), of the Divorce Code was filed on December 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service of the said Complaint. 3. I consent to the entry of a Final Decree of Divorce, after service of notice of intention to request entry of Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: i?Cotc,- (... Galen C. Byers, P aintiff / G3 - 3a._ -/ 31 v ? 1.C LU • ?i ina. o U GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERSDefendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c ) and 3301(d)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, lawyers fees, or expenses' if I do not claim them before a divorce is granted. 3, An Affidavit under Section 3301(d) of the Code, was filed with the Prothonotary under date of July 20, 2001, to which no Counter-Affidavit was filed by the Defendant. 4, 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 file 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. Pa. C.A.§4904 relating to unsworn falsification to authorities. Dated: Galen C. Byers, laintiff Y C Lr. Z h` _l h i- u - L! mac[ , 0 p.. GALEN C. BYERS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7641 CIVIL TERM ARLENE E. BYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was riled on December 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Oat . /il o7?a2dd?i ?< ?? ne E. Byers, Defend t - - LLL/// Social Security Numb ??? ?6 3 f?;' r CN, L: t jib v o U GALEN C. BYERS, Plaintiff V. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7641 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Dat rr/Ki 22c2ao2. rlene E. Byers, Defends 46763.1 IF. C" ?` LT; V- I '? l J UILU ca U ,? U T ?^ r GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 -7691 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL ii COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, John J. Krafsig, Jr., Esquire, attorney of record for the above mentioned Plaintiff, who, being duly sworn according to law, does depose and say that he deposited in the United States Mails, at Harrisburg, Pennsylvania, on December 27, 1999, addressed to the said Defendant, Arlene E. Byers, by Certified Mail, Addressee Only, Return Receipt Requested, a true and correct copy of the Complaint in Divorce filed to the above mentioned term and number, with Notice to plead within 20 days from date of service. The said Complaint and Notice were duly delivered by the United States Post office to the said Defendant on December - 1 - 31, 1999, as will more fully appear from the attached Return Receipt Card, Certified No. Z-231-525-319, bearing the signature of the said Defendant, as the individual that the same was addressed to and that said Return Receipt Card being attached hereto and made a part hereof, establishing that legal service of process in accordance with the Rules of Civil procedure has been complied with. J AA J. 14VIsIg, /?r.,',squire I?ktorney or Pla tiff 921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 Sworn to and subscribed to this day of January?,. 2)000 y /411 -C, I JCL' otary Public My commission expires: SAND14 L Hard;5er0 ? ._ = j Y ?:?sinj_, , ?e®?im Z 231 525 319 US Postal Service Receipt for Certified Mai! No Insurance Coverage Provided. nn not use for InlosAiDIaRIT.1SELpK9eemPe591 Sent to Mrs. Arlen E. Rv?rez Street 8 Number 150 B ors Road Post Oteto. State. d ZIP Coda Carlisle Pa. 17013 Postage I s Certified Fee L/ L) Special Delivery Fee N Raftided Del"ry Fee ? fldum R ' 1 Showing to ?j at red oS Mdessees agedF s $ kstmark Q Jy H a ¦ Complete Items 1, 2, and 3. Also complete Item 4If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mrs. Arlene E. Byers 150 Byers Road Carlisle, Pennsylvania 17013 A. Received by (Please Fnnt Creerty) C. Slg re / ?/ e- 0 Agent x r?? ? Atldresseel D. Is delivery rest different from hem 14 0 Yes ' If YES, enter delivery address below: , O No f tl f? )UCenifred Mall O Express Mail 0 Registered - 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) lkyes 2. Ankle Number (Copy from service taboo AddreSSee n-O-T Z -..23/ 3 19 PS Form 3811, July 1999 Domestic Return Receipt I02e95S99-M•I7e9 ' ,)A xf ir?^- M GALEN C. BYERS VS. ARLENE E. BYERS DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO. 99-7641 CIVIL 19 IN DIVORCE Defendant STATUS SHEET ACTIVITIES: I e-'2 . i.., r ?.10 GALAN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 7641 CIVIL ARLENE E. BYERS, IN DIVORCE Defendant Attorney for Plaintiff T0: John J. Krafsig, Jr. Attorney for Defendant Sandra L. Meilton DATE: Thursday, March 29, 2001 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 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. GALEN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 7641 CIVIL ARLENE E. BYERS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: John J. Krafsig, Jr Galen C. Byers Counsel for Plaintiff Plaintiff Sandra L. Meilton Arlene E. Byers Counsel for Defendant Defendant A conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 15th day of February 2002., 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 December 11, 2001 Divorce Master TUCKER ARENSBERG & SWARTZ ,_ j,-Aer -'A-1 CELEB W\ I ING A Cr.N n IRY OI' 5r.KV ICI: June 13, 2001 Robert E. Elicker II, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: Byers Dear Mr. Elicker: Sandra L McMon ?,. wn.x4n.c.•"ti.v crnn All Discovery Requests have been complied with in the above referenced matter. As part of her preparation for trial, Mrs. Byers retained Harry Leister to perform an evaluation of her pension. Mr. Leister completed that evaluation and a copy of his report was provided to Mr. Krafsig as part of Mr. Krafsig's Discovery Requests. Mr. Krafsig requested additional information and he was then provided with all of the background information and materials which our office had supplied to Mr. Leister to enable him to prepare his report. Mr. Krafsig has now requested that we provide him with a copy of Mr. Leister's handwritten calculations verifying precisely how he determined the value of the pension. I have advised Mr. Krafsig that I would contact Mr. Leister to determine whether such hand written materials were available. If such material is available, I will review it and determine whether it can be provided to Mr. Krafsig. Unfortunately, Mr. Leister is out of the office and will not be back until after June 13, 2001 (today) and I have left a message for him to contact me upon his return. Despite the fact that this issue remains outstanding, I believe that the matter is ready to move forward to the Pre-Trial Memorandum stage and Pre-Trial Conference. Thank you for your assistance in this matter. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton / SLM/smk cc: Mrs. Arlene Byers John J. Krafsig, Jr., Esquire 40696.1 111 NORTH FRONT STREET PO BOX 889 HARRISBURG. PA 17108-0889 717.234.4121 800.257.4121 FAX 717.232.6802 F141m gh • Pnisei.rOn Anpr?q %ron Leanslmvn 6ma.1 LlPC4HCYCtl[v, cOm www.tuckerlaw.com JOHN J. I{RAFSIGI JR., INC. ATTORNEY-AT-LAW HARRISBURG, PENNSYLVANIA 17110-1281 2921 N. FRONT STREET TEL: 717.236.2109 FAX: 717.236.0100 June 25, 2001 E. Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, Pennsylvania Esquire In Re: Galen C. VS. Arlene E 17013 No. 99 - MEMBER PENNSYLVANIA BAR DISTRICT 01 COLUMBIA BAR Byers Byers 7641 Civil Dear Mr. Elicker: In response to your letter of June 18, 2001, the parties have been separated continuously in excess of two years, and we are prepared to execute a Consent, pursuant to Rule 3301(d) with Waiver of Notice of intent to Request Entry of the Divorce Decree. I am by this letter, requesting Counsel for the Defendant to acknowledge if they agree there has been a continuous separation in excess of two years, and consent to the entry of a Decree in Divorce, leaving only economic matters to be resolved by the Master. If there is any dispute by Defendant, I will file an Affidavit under Section 3301(d) of the Divorce Code, pursuant to Rule 1920.72 of the Rules of Civil Procedure. Lastly, because of the inordinate delay and inaction by the Defendant, a Motion for Counsel Fees and Costs will be filed well before August 17, 2001. The prompt reply of Counsel for the Defendant is sought to respond to the Master's questions to determine the procedure to follow. l 1 , / Very ruly ?rsir John J. rafsig? VJJK/sls cc: Sandra L. Meilton, Esquire Attorney for Defendant OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer office Manager/Reporter June 18, 2001 West Shore 697.0371 Ext. 6535 John J. Krafsig, Jr., Esquire Sandra L. Mcilton 2921 North Front Street Attomcy at Law Harrisburg, PA 17110 TUCKER, ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 RE: Galan C. Byers vs. Arlene E. Byers No. 99 - 7641 Civil In Divorce Dear Mr. Krafsig and Ms. Mcilton: Counsel appear to be in disagreement as to the status of discovery. According to Ms. Mcilton the outstanding issue revolves around a valuation of a pension. If there are other matters that need to be addressed, counsel can do so by filing a petition with the Court requesting the Court's intervention in discovery matters. I and going to assume that counsel have sufficient time to have the report of Mr. Leister by the time we have a date for the filing of pretrial statements. Consequently, I am going to proceed with the directive. A divorce complaint was filed on December 23, 1999, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. 1 assume that the parties will either sign affidavits of consent or have been separated for a period in excess of two years so there will be no issue with respect to grounds for divorce. If I am not correct, please advise and we will schedule a hearing on indignities. The divorce complaint also raised economic claims of equitable distribution and alimony. No claims have been raised by either party for counsel fees and costs. ?:Je I Mr. Krafsig and Ms. Mcilton, Attorneys at Law 18 June 2001 Paf!e 2 In accordance with P.R.C.P. 1920.33(b) 1 am directing each counsel to file a pretrial statement on or before Friday, August 17, 2001. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker,11 Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. TUCKER ARENSBERG & SWARTZ -, - 04 M_/ CLLrBR.APING A CLN I HIO OI' SERVIC1. August 16, 2001 Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, PA 17013 RE: Byers v. Byers, No. 99-7641 Dear Sir or Madam: Enclosed herewith for filing is the original and one copy Defendant's Pre-Trial Statement. Please time stamp the copy and return same to the undersigned in the enclosed postage-paid envelope. KrafsigBy copy of this letter, I am forwarding copies of the document to Mr. Elicker and Mr. . Thank you. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM:gmr Enclosures cc: Mrs. Arlene Byers John J. Krafsig, Jr., Esquire E. Robert Elicker, II, Divorce Master (with enclosure to each) 42460.1 111 NORTH FRONT STREET PO SOX 889 HARRISBURG. PA 17108.0889 717-234.4121 800257-4121 FAX 717-232-6802 Pnlshurgh . Pillsburgh Airporl Area Lewistown E-mail: la pcWluckerlaw.com _ www.tuckerlew.com GALEN C. BYERS ARLFNE E. BYERS Plaintiff VS. IN THE•COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-'F54-i T.111 19 MOTION FOR APPOINTMENT OF MASTER Arlene E. Byers (Defendant), moves the court to appoint a master with respect to the following claims: (x) Divorce (x ) Distribution of Property ( ) Annulment ( ) Support (X) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) 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. (see note below, at No. 7.) (Z) The defendant (has) fimamaw*D appeared in the action (V====30 (by his attorney, Sandra L MP;1ron ,Esquire). (3) The staturory ground(s) for divorce (is) (are) Irretrievable breakdown and two vear SPnaraF;nn _....rr-au?c paragrapnks): (a) The action is not contested. following claims: (b) An 'agreement has been reached with respect to the (c) The action is contested with respect to the following claims (5) The action (does not involve) complex issues of law or fact. . (6) The hearing is expected to take one day jgpp (7) Additional information, if any. relevant to the motion: Discovery was served by Plaintiff and timely answered by Defendant. Discovery was served on 3/TT7Ur -hv t to a '???? Attorney AND NOW is appointed master (Defendant) respect to the following claims: By the Cou : aP J ' n -- Ct: 7 7 i_ *CU •- o U r, t JI I? ?. 21 i??. .i• ?.? i . ' ;i A. bYi ?1 GALEN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 7641 CIVIL ARLENE E. BYERS, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, December 10, 2001 THE MASTER: Today is Monday, December 10, 2001. This is the date that we set for a conference with counsel and the parties. By agreement of counsel, the parties did not appear today. However, present for the Plaintiff, Galen C. Byers, is attorney John J. Krafsig, Jr., and present for the Defendant, Arlene E. Byers, is attorney Sandra L. Meilton. We have had considerable discussion about the assets and values of the assets that the parties have suggested be applied to those assets. We also have outlined in our discussion certain areas that need to be addressed in terms of providing additional information, documentation, appraisals, and lists. The Master is going to ask counsel to go on the record to simply state their position regarding continuing discovery that needs to be completed in order to prepare the case for another conference with counsel and hopefully with the parties the next time. The Master has been advised that the parties will both sign affidavits and waivers so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. Counsel have also advised the Master that neither party is going to make any claims for alimony. With respect to the claim for counsel fees, if the case is not settled by agreement, then both counsel preserve their right to request payment of counsel fees. Counsel have agreed that with respect to the subdivision issue and engineering costs for the Byers Road property, that they will share equally the cost of those fees. The Master will schedule today another conference date for the parties and counsel and hopefully the information that is outlined today, that needs to be provided, will be available to both counsel by the time we have the next conference scheduled. Ms. Meilton. MS. MEILTON: With regard to the engineering firm for the subdivision of 150 Byers Road, I will, on behalf of Mrs. Byers, check into the name suggested of Light Heigel to determine whether that individual firm would be acceptable to Mrs. Byers and if not, I will come back with suggestions to Mr. Krafsig regarding other comparable firms that are acceptable to her and to Mr. Byers. We discussed the logistics of retaining and making the best use of the engineering firm. At a minimum Mr. Krafsig and I would meet initially with them to explain what it was we were attempting to do. The concept would be to create a farmette environment for the house and for Mrs. Byers and to allocate the rest of the land to Mr. Byers for farming. We want to make sure that the land remains useful for the purposes that each party wants to use that land. In other words, we want to make sure that whatever division we make, it fits into the plans for the use of the property and does not diminish the value of the farmette and the real estate. We will talk about whether we need rights-of-way for Mr. Byers to continue to use the farm, and we want to try to minimize the cost of this by giving the engineer an idea of what the parties hope to accomplish so that perhaps this can be done with one drawing with may be some revisions if necessary, but basically one drawing. The understanding would be that Mr. Krafsig and I would not talk with the engineer individually but would do conference calls or joint meetings. To the extent that we believe it is helpful, we will include our clients in those meetings. Mrs. Byers is asking that Mr. Byers provide a list -- and I believe that was agreed to -- that he would provide a list of items that he believes were not appraised on Mrs. Byers' appraisal of household goods and we can then determine whether those need to be appraised or how we proceed from that point. Also, if he has not provided a list of those items which were his prior to marriage and that he definitely wants back, it is in the pretrial statement. We will look at the pretrial statement and the list of the items and work that into our distribution of household goods. We did agree that unless the Master needs testimony from the experts, we will not call experts to testify, but will simply submit the record from each expert. Understand that we may have to have a supplemental report from Mr. Bricker if in fact he omitted items from the original report. We agreed that if neither party wanted the 1931 Ford, it should be sold I can state that Mrs. Byers does not want the Ford. Mr. Byers is going to provide us with verification of the transfer of money from the PNC account and the Adams Bank to Orrstown Bank. It is his position that we listed too many accounts and that the PNC and the Adams County bank accounts have been closed and moved over to Orrstown 5 Bank. We are seeking verification of the day they were closed out and the date that the new accounts were opened. Mrs. Byers will provide a breakdown of rental income and expenses for each individual rental property to Mr. Byers for 2001 and for the year 2000. She will also provide upon request the ledger books. Mrs. Byers will give a breakdown of how the $7,453.00 IRS refund was spent. With regard to Galen's business and farm equipment, he will provide verification that those are either the same or different items and he will verify the source of funds from which those assets were purchased and he will verify that they were either purchased with marital property or without the input of marital property. If Mr. Byers indicates that the equipment was purchased with marital property, that is the end. If he says it was purchased with non-marital funds then he will verify the source of those non-marital funds and purchases. Mr. Byers indicates that there are checks that Mrs. Byers has received indicating that they are being signed back to her from the parties' daughters. Mr. Byers will provide a list of those checks and Mrs. Byers will explain what those checks are all about. Mr. Byers has some questions on Fulton Bank accounts and I will speak to Mrs. Byers about answering those mi _ questions. With regard to the pension, I will contact Harry Leister. Mr. Leister has given some preliminary numbers on the survivor benefit at $30,632.00 and then added a cost to Mrs. Byers of $349.00 a month once it goes into pay status. We will ask him to tell us what that means and whether we can quantify it into a dollar value so it could be assigned to Mr. Byers if he chooses to do that. Mr. Krafsig will check with Mr. Byers to determine whether in fact he did sign the deed transferring the Pittsburgh real estate and what his involvement was with that transaction, and he will determine from Mr. Byers whether he wants any additional verification from Mrs. Byers or Leah with regard to the financial arrangement for the purchase of that property and whether Mrs. Byers has any remaining interest in the property. Mrs. Byers will provide copies of the loan document for the money borrowed to assist Leah in the purchase of the Pittsburgh real estate. Mr. Krafsig will check with Mr. Byers to make sure that he wants to pursue this issue by requesting a letter from Leah and her husband as to the nature of the transaction that they made with the Defendant wife. MR. KRAFSIG: Let the record indicate that I just want to supplement Ms. Meilton's statement with regard to the verification of what would constitute Adams County Bank to Orrstown Bank and PNC Bank to Orrstown Bank; that the verification would consist of two things, we will give her a statement from Orrstown Bank as to the date and amount of monies that was received from each institution and we will give her a statement from Adams County Bank and Orrstown Band that the monies were transferred and there are no other accounts that exist at this time. (A discussion was held off the record.) MR. KRAFSIG: with regard to the New Cumberland Federal Credit Union and the Fulton Bank that we have previously discussed, that you will implement that information as to the source of the monies that we have talked about and also about -- in other words, there were certain transfers to Fulton Bank that we had not received any information about and requested specific as to what those transfers consisted of and what that was about, and also the source of the monies in the Fulton Bank. THE MASTER: Anything else? MR. KRAFSIG: I believe that covers it. THE MASTER: A conference with counsel and the parties is scheduled for Friday, February 15, 2002, at 9:00 a.m. Notices will be sent to counsel and the parties. cc: John J. Krafsig, Jr. Attorney for Plaintiff Sandra L. Meilton Attorney for Defendant tI I GALEN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 7641 CIVIL ARLENE E. BYERS, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: John J. Krafsig, Jr. , Attorney for Plaintiff Sandra L. Meilton , 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 19th of October, 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. Date of Notice: 8/20/01 Very truly yours, E. Robert Elicker, II Divorce Master ¦i. GALEN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 7641 CIVIL ARLENE E. BYERS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: John J. Krafsig, Jr. Galen C. Byers Counsel for Plaintiff Plaintiff Sandra L. Meilton Arlene E. Byers Counsel for Defendant Defendant A conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 10th day of December 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 October 19, 2001 Divorce Master Assets Value Possible Requested Disputes Stipulation Award G A G A A . York Rd. Farm 465,000. 487,000. 465,000 . 465,000. (If merged with lot) B. York Rd. Lot 35,000. 35,000. 35,000. X C. 319 Walnut St. 84,000. 88,000. 86,000. 86,000. D. 150 Byers Rd. (Acres) 493,000. 762,000. 762,000. 493,000. X (Both hou se & acres) E. 150 Byers Rd. 233,000. ? ? (House) 233,000. X F. 901 W. Trindle 125,000. 157,000. 141,000. 141,000. G. 901 W. Trindle (Lot) 50,000. 29,000. 40,000. 40,000. H. 286 Locust Point 245,000. 245,000. 245,000. 245,000. X I. Personal Contents 15,920. Unknown ? 15 920 (Byers Rd.) , . X J. Lawn Tractor 4,500. Unknown 4,500. 4,500. K. 1931 Ford 17,000. Unknown 17,000. 17,000. X L. 1995 Ford Exployer 12,000. Unknown 12,000. 12,000. M. Farm Equipment 26,000. Unknown 26,000. 26 000 , . X N. Arlene's Pension 216,000. 216,000. 216,000. 216,000 X k' 0. Adams Co. Bank to 140,000. Unknown 138,000. 138 000 Orrstown Bank , . X ?. P. PNC to 180,000. Unknown 180,000. 180,000. X Orrstown Bank i Q. Rental value of 16,000. Unknown 16,000. 16 000 X Byers Rd. House , R. Rental Value of ? ? Byers Rd. Barn & A cres ? ? X I i ? IIA?Ii11MMP1 1TP ) - w S. IRS Refund 7,453. 7,453. 7,453. T. Galen's Business None 29,030. None U. Checks endorsed 18,859.46 ? 18,859.46 L." back from daughte rs V. Thrift Plan 82,158. 82,158. 82,158. W. A. - Life Ins. 96,000. No Value 96,000. X. G. - Life Ins. 26,274. 26,274. 26,274 Y. Fulton Bank ? ? ? Z. NCFCU 35,000.+ 35,000.+ 35,000+ (CDs, Checking & Savings) AA.Pittsburgh ? ? ? property BB.Rental Properties ? ? ? CC.Alimony & None None None Attorney Fees 7,453. X 18.959.46 X 49.,158. 96,000. X 26,274. X ? X 35,000.+ X ? X ? X None None r DISPUTES B. Arlene claims lot not worth more than $22,000. and she does not want the lot awarded to her. D.- E. What affect proposed subdivision would have on valuation, plus Arlene wants 3 acre lot, plus additional acres. H. Property subject to approximately $60,000. mortgage (both liable for half). Therefore, Galen believes $30,000. reduction, puts value at $215,000.; while Arlene claims $60,000. reduces to $185,000. K. Arlene does not wish to receive vehicle. I. Reports of both experts to be submitted without calling experts. M. Believed to be duplicated in Galen's business of $29,030. N. To determine if Galen wants survivor's benefits on an assigned value, while this would lessen Arlene's benefits by $300. per month. 0. Arlene wants letter of verification from that bank, that no account exists for Galen. P. Arlene wants letter of verification from that bank that no account exists for Galen. Q. - R. Galen believes rental value applies only to home, not barn or acres. T. Galen believes both a duplicate of $26,000 and is also non- marital. U. Need verification for checks in question W. - X. Arlene believes $96,000 Term insurance has no value; but if Term Insurance is an asset, a claim of $50,000., not $26,274. against Galen. Y. Need full verification. Z. Need further verification above $35,000. in C.D.s AA. Need verification of Arlene's ownership, indebtedness and transfer by her. BB. Need verification of breakdown of income and expense for each property. JOHN J. KxnF'SIG, JR., INC. ATTORNEY-AT-LAW HARRISBURG. PENNSYLVANIA 17110.1281 2921 N. FRONT STREET TEL: 717.238.2109 FAA: 717.236.0100 March 24, 2001 MEMBER PENNSYLVANIA BAR DISTRICT OF COLUMBIA BAR E. Robert Elicker, Esquire In Re: Byers v. Byers Special Master No. 99-7641 9 North Hanover Street Carlisle, Pennsylvania 17013 Dear Mr. Elicker: I received the Defendant's Inventory and Appraisement and Income & Expenses on March 5, 2001; and then the Defendant's Answers to Plaintiff's Interrogatories and Production of Documents on March 20, 2001; and then received the Defendant's Interroga- tories in excess of 40 and Defendant's Request for Production of Documents on March 21, 2001; and I received the Notice of her Motion for the Appointment of a Master, March 22, 2001. Further, I received a Second Set of Interrogatories and Productions by the Defendant on March 24, 2001. Without any consultation with me, as to our position on outstanding discovery and whether or not it was completed; and not withstanding that substantial discovery is still out- standing, Attorney Meilton filed her Motion for the Appointment of a Master. There is information on very substantial assets of the Defendant, that is needed to be addressed before a hearing can properly commence. We have had practically no time to digest the Defendant's Inventory and Appraisement, and Attorney Meilton has been informed of our position and requested to withdraw her Motion until discovery is actually completed. There are assets in excess of $300,000.00 that need to be properly addressed before a hearing. Therefore I request your directive as to what procedure is to be followed to resolve these outstanding matters. Noting that Attorney Meilton filed for more discovery after she filed for the Appointment of the Master. Ver77y truly your , r ?7 John J. KrafS , r. JJK/sls cc: Sandra L. Meilton, Esquire Galen C. Byers TUCKER ARENSBERG & SWARTZ 4-/44-A-/ CCLEBIL\TING A CENTLIRY OF SI:KVICI: March 29, 2001 Robert E. Elicker 11, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: Byers v. Byers No. 99-7641 Dear Mr. Elicker: Sandra L, Meilton srlN:?ttornttuckcrlaw com In response to Mr. Krafsig's letter of March 24, 2001, 1 would note that the parties have been separated since March of 1999 and during the ensuing two years, Mrs. Byers has provided all documentation and information requested by Mr. Byers. Most recently Mrs. Byers provided Answers to a formal Request for Production of Documents and Interrogatories which were filed on Mr. Byers' behalf. To my knowledge, all of the discovery filed by Mr. Byers has been answered with the only items outstanding being bank account records which had to be obtained from the banks. Mr. Krafsig's representation that a Request for Production of Documents and Interrogatories were recently filed on Mr. Byers is accurate. This is specifically noted on our Motion to list the matter for a Master's Hearing. I proceeded to list the matter for a Master's Hearing assuming that the thirty day period for answering discovery would run before we would even have a pretrial conference. The second Request for Production of Documents which was filed on March 24, 2001 was filed because of Mr. Byers' objection to answering more than 40 Interrogatories (including subparts) per the Cumberland County Rules. As a result of the objection, information that could have been obtained simply by written response will have to be obtained via Mr. Byers producing records to document the requested information. However, since the Request for Production must also be answered within a specified time frame, all of the discovery should be answered well in advance of a pretrial conference. If possible, therefore, I would appreciate it if this matter could remain listed and a pretrial conference scheduled. Sincerely, TUCKER ARENSBERG& SWARTZ SLMlsmk Sandra L. Meilton cc: John J. Krafsig, Jr. Mrs. Arlene Byers 38433.1 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 171080889 7174344121 800@57.4121 FAX 717232.6802 Pittsburgh • Pittsburgh Airport Area • Lewistown E-mad. tapc4luCkeltaN corn %, w.tuckerlaw.com April 11, 2001 E. Robert Elicker II, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: Byers v. Byers No. 99-7641 Dear Mr. Elicker: Enclosed herewith is Defendant's response to the Certification forwarded by you to counsel in the above matter. By copy of this letter, I am forwarding a copy of my response to Mr. Krafsig. Thank you. Sincerely, TUARENSBERG & SWARTZ c Cr r CLl l' e SLM/smk Sandra L. Menton Enclosure cc: John J. Krafsig, Jr. Mrs. Arlene Byers (with enclosure to each) 38791.1 111 NORTH FRONT STREET PO BOX 989 HARRISBURG, PA 17108.0889 717.234.4121 LewntawnOeKe 1 u MamStr 800.257.4121 FACSIMILE 717.2326802 Pie 06te i5000nePPGeePWCO t P08e.867 Lewistow .M174.0867 717-246-3913 Giansou.n,.. PnISDurpq PA 15222 412366.1212 rp 06K0 ;38S.u,0 Mam Slreol Greensburg, PA 15601 ]24.6364212 Aeppe Prclesswal Oke Center 1150 Thom Run Road E, Mops TO-M-P. PA 15106 412@62.3730 E -M311, bpe ec We05-1e. ARP/Ammvtwklucea,%.rlewcpn EIOIIN J. KRAFSIGB JR., INC. ATTORNEY•AT•LAW HARRISBURG. PENNSYLVANIA 17110.1281 2921 N. FRONT STREET TEL: 717.236.2109 FAE: 717.236.0100 April 10, 2001 MEMBER PENNSYLVANIA BAR DISTRICT OF COLUMBIA BAR Robert E. Elicker, II, Divorce Master 9 North Hanover Street Carlisle, Pennsylvania Dear Mr. Elicker: Esquire In Re: Byers v. Byers No. 99-7641 Civil Term 17013 Procedurally, the Defendant has filed two sets of Interrogatories and two sets of extensive motions to Produce Documents, the first under date of March 20, 2001 and under date of March 24, 2001, which were subsequent to her filing of an appointment of a Master. Presently, we have objected to the First Set of Interrogatories in violation of Cumberland County Rules of 40, which by our count, is an excess of 100, for which I have not received an acknowledgement from counsel for the Defendant, if they are being withdrawn. It appears by reason of the numerous requests for Production of Documents, will require an extension above the 30 day period; which also raises the question, in the absence of consent by Counsel for the Defendant, should such possible Motion for Extension be presented to you or the Court? On the Plaintiff Is side, because of the Inventory and Appraisement and Answers to our First Set of Discovery filed by the Defendant, there are numerous questions about certain assets and listings that are required to be send under date of April 11, 2001 and for the production of a number of documents. By reason of the same, I would conservatively estimate, in minimum of 90-days from April 11th to have discovery completed, provided a number of objections are able to be timely resolved. Trusting this will clarify our position on the status of discovery, very truly yours, ohn J?rafsig`?? JJK/sls cc: Sandra L. Meilton, Esquire for Defendant Galen C. Byers, Plaintiff GALAN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7641 CIVIL VS. ARLENE E. BYERS, IN DIVORCE Defendant Attorney for Plaintiff T0: John J. Krafsig, Jr. , Attorney for Defendant Sandra L. Meilton DATE: Thursday, March 29, 2001 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 ;chat information is required that is not complete in order to prepare the case for trial and indicate whether there are any interrogatories or discovery motions. SEE ATTACHED LETTER A "f a -1 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. SEE ATTACHED LETTER J c April 10. 2001 DATE SEL F PLA NTI } ' COUNSEL F 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. TUCKER ARENSBERG & SVUARTZ 011:111',N I ING A CLYrLIRY Or SLRI'ICL Sandra L. Meilton April 18, 2001 Robert E. Elicker Il, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: Byers NO.: 99-7641 Civil Dear Mr. Elicker: The first set of Interrogatories has been withdrawn because it was in excess of the 40 question Cumberland County limit. As indicated in my letter of March 29, 2001 (a copy of which was provided to Mr. Krafsig), the Second Request for Production of Documents was filed to ascertain the information which could not be obtained through Interrogatories. I have advised Mr. Krafsig that the first set of Interrogatories need not be answered. A pretrial conference would be beneficial to keep this matter moving forward and I would, therefore, respectively request that a pretrial conference be set after the thirty day limit for answering discovery. Thank you for your assistance. Sincerely, TUCKERR?ARENSBERG & SWARTZ Sandra L. Meilton SLM/smk cc: Mrs. Arlene Byers John J. Krafsig, Jr., Esquire 38990.1 111 NORTH FRONT STREET PO BOX 889 HARRISBURG. PA 171080889 717-23.1.4121 B00-257.4121 FAX 717432.6802 Rvsbur(p Pillsburgn Ahporr AW;, Lum lwin E woo IapCaLluf.VGllvTb corn www.luckerlow.com JonN J. KRAFSIG, JR., INC. ATTORNEY-AT-LAW HARRISBURG. PENNSYLVANIA 17110-1281 2921 N. FRONT STREET TEL: 717.238.2109 FAA: 717.238.0100 April 20, 2001 Robert E. Elicker, II, Divorce Master 9 North Hanover Street Carlisle, Pennsylvania Dear Mr. Elicker: In response 2001, I must restate April 10, 2001. MEMBER PENNSYLVANIA BAR DISTRICT OF COLUMBIA BAR Esquire In Re: Byers v. Byers No. 99-7641 Civil Term 17013 to Attorney Meilton's letter of April 18, our position in my letter to you dated Counsel fails to recognize all answers to discovery may not be responsive and require additional elaboration. There is, for example, specific information needed and requested regarding the Report of Harry Leister, Actuarial, regard- ing Defendant's pension benefits and evaluations, that I need to review above and beyond his report that was only provided recently; although sought a number of months prior. This relates to a very substantial asset in Equitable Distribution and I cannot act upon it the same day her response is received. I believe it will be more beneficial to the Master and the parties, that before a Pre-Trial Conference is set, that truly all discovery is completed. To attempt to use the date of sending a response, as the cut off date, with no opportunity to digest what is sent, is unreasonable. Very my }ours, John K/Jraaf/ J . JJK/sls cc: Sandra L. Meilton, Esquire Galen C. Byers, Plaintiff Y GALAN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7641 CIVIL IN DIVORCE TO: John J. K.Lafsig, Jr. Attorney for Plaintiff Sandra L. Meilton Attorney for Defendant DATE: Thursday, March 29, 2001 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. See attached. w. (a) It is Defendant's belief that all information requested by Plaintiff through discovery has been provided. Defendant has served Interrogatories and Requests for Production of Documents on Plaintiff by mail on March 23, 2001 and this discovery is outstanding. Requested information on Interrogatories includes questions concerning the following: 1. Date of separation 2. The person or persons living with Plaintiff 3. Financial accounts of Plaintiff 4. Gifts or other transfers to any person other than Defendant made by Plaintiff 5. Initial investment, current investment and present value of any business of Plaintiff 6. Source of gifts, etc. Plaintiff has received during last three years 7. Trace proceeds from each asset or business interest sold or disposed of since date of marriage to Defendant 8. Removal of funds 9. Statements on Plaintiffs Income and Expense and Inventory and Appraisement forms 10. Certificates of deposit at Adams County Bank or Orrstown Bank 11. Gross receipts from auction held on or about February 20, 1999 12. Plaintiffs contributions to the parties' daughters education and living expenses 13. Plaintiffs vehicles Requested information on the said Request for Production of Documents includes: 1. Copies of loan applications and loan documents for the last five years where Plaintiff borrowed funds 2. Documents evidencing ownership in real and personal property 3. All trust documentation where plaintiff is a beneficiary 4. All wills or other appropriate documents in which Plaintiff is a designated executor administrator, fiduciary or beneficiary 5. Copies of loan applications or loan documents incident to debts owed to Plaintiff 6. Copies of business current inventory and copies of all documents verifying values of items 7. Copies of deeds on real estate owned by plaintiff 8. Verification of gross auction receipts for sale on or about February 20, 1999 9. Verification showing distribution of February 20, 1999 auction proceeds 10. Certificate of Deposit, treasury notes, etc. 11. Business vehicle information (owned and leased) 12. Information concerning certain purchases of real estate 13. Source of funds for purchase of farm equipment 14. Monthly bank statements 15. Source of funds to open checking account 16. Life insurance policies 17. 1099 and W-2 forms 38773.1 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. As noted in respose to (a) above, discovery was forwarded to Plaintiff's counsel by Defendant's counsel on March 23, 2001 and is due on or before April 25, 2001. / 61a / , 1, , Z,2 V-/ - ?, ? DATE COUNSEL FOR 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. GALEN C. BYERS, Plaintiff V. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7641 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RULE AND NOW, this Z 5" day of A& '/ 2001, in consideration of the Petition for Immediate Relief filed by Defendant, a Rule is issued on Plaintiff as to why Defendant's Petition should not be granted. RULE returnable /S days after service on Plaintiff and/or his counsel. BY THE COURT: J. .t? 0?` L i r7 C\; ? CS ? CJ 2 ? Ca GALEN C. BYERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7641 CIVIL TERM ARLENE E. BYERS, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR IMMEDIATE RELIEF AND NOW comes Arlene E. Byers, Defendant, through her attorneys, Sandra L. Meilton, Esquire, of Tucker Arensberg & Swartz, and hereby petitions this Honorable Court as follows: The parties are husband and wife and currently engaged in the divorce action docketed to the above term and number. 2. During the course of their marriage, for real estate investment purposes, the parties jointly purchased several pieces of real estate in Cumberland County. 3. One such property is located at 901 West Trindle Road, Mechanicsburg, Pennsylvania. The lot next to said property is also owned jointly by the Plaintiff and Defendant. 4. The tenants occupying said property are Jay and Mary Way and these individuals have resided at said property since approximately 1997. 5. As part of the divorce proceedings, Plaintiff has valued these two properties at $125,000 and $50,000, respectively, for a total of $175,000 and Defendant has valued said properties at $157,000 and $29,000, respectively, for a total of $186,000. 6. Mr. and Mrs. Way have approached Defendant about purchasing the two pieces of real estate from the parties. • 1 i 7• The amount agreed upon between the tenants and Defendant for the purchase ii of these two properties is $190,000, an amount higher than either party has valued said properties. 8. Mr. and Mrs. Way are anxious to move forward with the purchase of the property and have indicated to Defendant that if the sale cannot be consummated very shortly, they will commence a search for another property to purchase. 9. Defendant is desirous of moving forward with the sale of these two properties to Mr. and Mrs. Way in an expeditious manner so as not to lose the potential sale. 10. Defendant's counsel has written to Plaintiffs counsel on two occasions concerning this issue and has had no response other than a telephone call to Defendant's counsel to question the potential purchase price. (see attached Exhibits "A" and "B") 11. If Mr. and Mrs. Way's offer is not accepted, it is not likely that Plaintiff and Defendant will be able to obtain such a high price for the property from future prospective buyers. WHEREFORE, Defendant requests that Plaintiff be ordered to cooperate fully with regard to the sale of the two properties to Mr. and Mrs. Way including, but not limited to, executing any and ail documents in connection therewith. Respectfully submitted, I ,/Sandra L. Meilton,10 32551 TUCKER ARENSBERG & SWARTZ 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 ATTORNEYS FOR DEFENDANT VERIFICATION I, Arlene E. Byers, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. '? Arlene E. By rs DATED: Y- / do 0/ TUCKER ARENSBERG &SWARTZ VIA FACSIMILE - 236.0100 John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 RE: Byers Dear John: March 28, 2001 - li Arlene has been approached by the tenants in 901 East Trindle Road with the request that they be allowed to enter into a Sales Agreement to purchase the property. While I did not go into detail with Arlene, I do know that the purchase price offered by the tenants is higher than the value either Arlene or Galen have placed on the property on their Inventory and Appraisement forms. Arlene would like to sell the property to the tenants and I would appreciate it if you would let me know whether Galen is willing to agree to the sale. Obviously, if the real estate is sold, the proceeds can be placed in an escrow account until the equitable distribution issues are resolved. I look forward to hearing from you as soon as possible so that if Galen is interested in selling the real estate, we can get an agreement signed. Sincerely, SLM/smk cc: Mrs. Arlene Byers 38367.1 TUCKER ARENSBERG & SWARTZ Sandra L. Meilton EXHIBIT "A" 111 NORTH FRONT STREET PO BOX 889 HARRISBURG. PA 17108.0889 717.234.4121 800-257-4121 FACSIMILE 717.232-6802 So n Man Street PO Box 067 Lewnlo". PA 17014.0061 717-248.3913 L.alovN 01148 12 W Peuburgn Once 1500 One PPG Ptaco PIIbbu,gn, PA 15222 412.5661212 E-mail. taxotockelWwcone Geensburg Oaae 136 South Man Sbeel Greensburg, PA 15601 7246361212 Web See'. trbp/M-ra'luckeeaw wm Anpon Proleasmal011ce Cenler 1150 Tram Run Raab En. Moon Townanip. PA 15108 412262.3730 TucKEK ARENSBERG &SWARTZ mmmmlm? VIA FACSIMILE - 236-0100 John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 RE: Byers Dear John: April 11, 2001 I have not heard from you concerning my letter of March 28, 2001. It is Arlene's desire to take advantage of this opportunity to sell 901 East Trindle Road at a very favorable price. Please let me know Galen's position as soon as possible as Arlene has instructed me to file a Petition for Immediate Relief with the Court if no word is received from you. I intend to file the Petition early next week. Sincerely, SLM:gmr cc: Mrs. Arlene Byers 38795.1 TUCKER ARENSBERG & SWARTZ Sandra L. Meilton EXHIBIT RBII 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108.0889 717-234-4121 800.257.4121 FACSIMILE 717432.6802 Le"nto" Once 12 South Main Slroal PO Box 667 Lonnstown. M 170440867 717.248.3913 P40eurpn Once 1500 One PPG Place Pn6ourgn,PA 15222 412.566.1212 Greensam9054e 138SeuRtMan Sreet Groonsteurq.PA 15601 724-SM-1212 E-man IapcdlucharWwebn Anpon Prolesswnal OHce Center 5150 TYwrn Run Roaa En Maas Townsn.P. PA 15108 412@62-37M We0 Sae'. nn )jrerxW l k8Aawcom CERTIFICATE OF SERVICE ?1, AND NOW, this day of 2001, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by first class mail, postage prepaid, addressed as follows: John J. Krafsig, Jr., Esquire 2921 N. Front Street Harrisburg, PA 17110 ?: ? d 61C //,, - /- 9 " ? Gloria M. Rine 38936.1 API? 2 4 ?09 M r C? w? c -5 ¢ f)?'. .l jJ J C L- G + L a. +- - ct . U o J a m d 0 o'jj F G V' N a L W OO?X> 7 K m L C 7 ZZ ? a r. 6: C Q Z ? a- m F Ci GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COU10' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7641 CIVIL CIVIL ACTION - LAW IN RE: DEFENDANT'S PETITION FOR IMMEDIATE RELIEF ORDER AND NOW, this / r day of May, 2001, hearing in the above captioned matter is set for Monday, June 11, 2001, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, A. Flcss, J. John J. Krafsig, Jr., Esquire For the Plaintiff Sandra L. Meilton, Esquire For the Defendant Am GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR IMMEDIATE RELIEF AND NOW, comes the above mentioned Plaintiff, by his lawful counsel, John J. Krafsig, Jr., Esquire, who makes the following answer to the Defendant's Petition, to wit: 1. Paragraph 1, is admitted. 2. Paragraph 2, is admitted. 3. Paragraph 3, is admitted. 4. Paragraph 4, is admitted. 5. Paragraph 5, is admitted. 6. The Plaintiff has no knowledge of the said Mr. & Mrs. Way approaching the Defendant and strict proof is herewith demanded. 7. The statement allegation, does not address the matter of capital gains tax to be imposed upon the parties, - 1 - which is reasonably believed that the said potential liability would reasonably occur; and would certainly occur within sub- sequent to any such sale; which has a further impact on equitable distribution and tax consequences to the parties. 8. The Plaintiff has no knowledge, as to the intentions or any representations of Mr. & Mrs. Way; as the Defendant, knowing the Plaintiff is a joint owner, choice to unilaterally engage in discussions, without any consultation whatsoever with the Plaintiff or his counsel. Further, the allegation is not a proper basis for the invoking special relief, as said asset can properly be adjusted in final equitable distribution; and because there are other assets that are involved in fashioning equitable dis- tribution relief, plus the consideration that the Plaintiff may wish to acquire the property, as part of equitable distribution, which further demonstrates there is no basis for such a request. Additionally the matter of $4,000.00 over the valuation, is hardly a justifiable basis to invoke a Petition for Special Relief. 9. The allegation of Defendant in paragraph 9, best illustrates the unilateral manner and method employed by her, oblivious to the Plaintiff's rights and concerns; and byway of further answer, the answers to paragraphs 7 and 8 are incorporated - 2 - by reference. Additionally there is no irreputable harm pleaded or established for recognized equitable relief. 10. That Defendant's counsel is noted by Plain- tiff's counsel fails to recite, that not only there was no discussion or input as to the proposal in which both Exhibits "A" and "B", clearly shows that the purpose price of $190,000.00 was not even disclosed and courtesy extended to reveal that information, but required a phone call to Defendant's counsel to determine the alleged purchase price, in which no explanation is offered or set forth by Defendant or her counsel, why this information was not set forth in their Exhibits "A" and "B". 11. Paragraph 11 is denied and is pure specula- tion, and strict proof is herewith demanded. By way of further answer, the rationale of the well reasoned case of Kozloski v. Kozloski, 43 D & C 3d 160 (1987), in addressing the requirements for special relief; that any situation that can be accounted for or adjusted in final equitable distribution, is not subject to special relief, as provided by the Divorce code; nor is it meant to have a pre- mature determination of marital property, or premature equitable distribution. WHEREFORE, the Plaintiff prays that said Petition - 3 - filed by the Defendant, be denied and dismissed. Respectfully submitted, LE' 1r ohn J. <rafsig, r. uire ?Attorn for P1 ntiff 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 Dated: October 28, 2001 - 4 - I: VERIFICATION AND NOW, to wit, this /"az- day of 1A0L--- , 2001, I, Galen C. Byers, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Plaintiff's Answer to Defendant's Petition for Immediate Relief, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. II CERTIFICATE OF SERVICE AND NOW, to wit, this ? day of 6 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the foregoing document, i.e. Plaintiff's Answer to Defendant's Petition for Immediate Relief, upon the following person or persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, to wit: Service by regular mail, through the United States Post Office, postage prepaid, to: Sandra L. Meilton, Esquire 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108 (Attorney for Defendant) n J. Kr fsig, r r A torney r Plaintiff 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 JOHN J. KRAFSIG, JR. Attorney at Law 2921 N. Front Street Harrisburg, PA 17110 JOHN J. KRAI SIG, JR., NC. ATTORNEY-AT-LAW HARRISBURG, PENNSYLVANIA 17110-1281 2921 N. FRONT STREET TEL: 717-238.2109 FAX: 717.238-0100 June 12, 2001 E. Robert Elicker, II, 9 North Hanover Street Carlisle, Pennsylvania Dear Mr. Elicker: Esquire 17013 In response to a call I please be advised the main problem order to set a hearing date, is as MEMBER PENNSYLVANIA BAR DISTRICT OF COLOMBIA BAR In Re: Byers v. Byers No. 7641 Civil 1999 received from your office, to complete discovery, in follows: For quite sometime we have been seeking specifics regarding the basis and computations of Mr. Leister, acturial expert for the Defendant. This information is needed to determine how the computations were made and the basis for the same, which could reflect a swing of more than $100,000 above his valuation, as Defendant's pension is a very substantial asset in Equitable Distribution. I have been advised by Counsel for the Defendant, that they are trying to obtain this information for me. Therefore, upon receipt of the necessary information, I will then be able to inform the Master, when the matter is ready for hearing. JJK/sls Very trulyogrs, 1 9ohn J. rafsig, J . cc: Sandra L. Meilton, Esquire TUCKER ARENSBERG & SWARTZ SaoUra L. Meillon CH LRIL\I'INC A CLN'I 1110' Or SC vier. SFTIV; [ L;ChWIJA COm June 21, 2001 Robert E. Elicker II, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: Byers v. Byers No. 99-7641 CIVIL Dear Mr. Elicker: Thank you for your letter of June 18, 2001. By way of clarification, Mrs. Byers will be filing a Petition for counsel fees and costs which shall be filed well in advance of the August 17, 2001 date for filing of pretrial statements. Thank you for your assistance. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM/smk cc: Mrs. Arlene Byers John J. Krafsio, Jr., Esquire 111 NORTH FRONT STREET PO BOX 889 HARRISBURG. PA 171080889 7174344121 800457.4121 FAX 717432.6802 Pitishm9b • Pnlsburgh Aiglorl Area • Lemsjun E-mail. Iapct lWcketlaa.com w Auckerlaw.com TUCKER ARENSBERG & SWARTZ CrLG9lA I ING A CLN I NRr or SI:RVICr. June 27, 2001 Sent Via Facsimile John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 RE: Byers Dear John: Based upon my review of your letter to Mr. Elicker dated June 25, 2001, am I correct in assuming that Galen is seeking to bifurcate the divorce and have the Divorce Decree entered prior to the resolution of the economic issues? I have forwarded a copy of your letter to Mr. Elicker to Arlene for her consideration and will let you know her position as soon as she and I can review the matter. I will be out of the office starting tomorrow and will not return until July 9. Hopefully, I will be able to give you her response shortly after my return. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM:gmr cc: Mrs. Arlene Byers E.Robert Elicker, Il, Divorce Master 41174.1 I I1 NORTH FRONr STREET PO BOX 889 HARRISBURG, PA 171080889 717.204.4121 800-257-4121 FAX 717.232.6802 Pittsburgh • P4Lhur8h Airport Area • Lnwi;Iawn E-mad. Inpc4Dlucknrle w. rorn www-tuckcrlawxom TACKER ARENSBERG & SWARTZ CELEBRATING A CEN I"1IRY Or $ERVIC-L June 27, 2001 VIA FACSIMILE - 236-0100 John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 RE: Byers Dear John: Enclosed is the information which Harry Leister provided to me in response to your request. Also enclosed is a copy of Mr. Leister's forwarding letter. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM:gmr Enclosure cc: Mrs. Arlene Byers E. Robert Elicker, ll, Divorce Master 41147.1 I I I NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 171080889 717.234.4121 800.257.4121 FAX 717-232-6802 Pillshmgh • Pillshurgh AMrpoo Area a Lowislawn E-mad mp0th¢keeaw.can w Auckerlew.com Conrad M. Sicgcl, Inc. JUN 26 20 Actuarlcs/Benc(it ConSLIR2111tS 501 Corporate Circle • P.U. Box 59(X)• Ilarishnrg. VA 17110.0900 Ponue (717) 652-5633 • FAX (717) 5.10-9106 • www.co,shencfils.conl CunnJ Al. Siegel. RSA. 11,my M. Leister. Ir. FS A. June 25 2001 Rim S.San11. 1: S A. , Clyde E. Gingri.h. FS A. Fad I.. mnnumi. NJ A A A Ihrltr, J. [Wan. A S A Sandra L. Mcilton, Esq. David F. Stirling. A. S.A Tucker Arensberg & Swartz unnen1.n6ank.rSA, 111 North Front Street 11a0J II. Killiek KS A. •! P.O. Box 889 Jeffrey S. NI)m. FS A,. Harrisburg, PA 17108-0889 'I bnnia, I. '/Lmiwrman. r S A. GlennA Ihfa.F.SA, Re: Arlene Byers Kevin A. erh. 1'. S. A. Fmnk S. Rhrxk,. 1:S A.. ACAS. Dear Ms. Meilton: Ilnlly A. Kass. I.S.A. Chade.n Friedlander. eSA Enclosed are two computer printouts. The first one relates to the Social Jahn W.Jeffrey. A.S_A. j Security estimate and the second one relates to the present value calculations. Tlmmu W. Reese. A. S.A. As I indicated during our telephone conversation, a qualified actuary could j i readily duplicate my figures using the data and the assumptions indicated in lane nl.lrymei,ler.crns my March 12 2001 letter. mark A. Rnmall. FS. A. , , Innadnn D.cmmer.ns.n. Thus far we have sent two invoices on this case. The first one in the amount of Jahn D. Vargn. A S.A. ! $525 was sent on February 2, 2000. This invoice has been paid. The second one in the amount of $575 was sent on May 31, 2001. This invoice has not yet been paid. If you have any questions, please call. With best regards, Yours sincerely, Harry . Leister,.Ir., F:S.A. Cons ting Actuary HML:kad Encl. tL oC pCp S S O O b ti O O? Q Q O yEC LY d1? ? Y W O u C 6 u N LNN U?uu O a O O N 6' N N O O O O b ? nm P q H N a H ? T a A L ? 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W i ? an N N C o Q m C II > II > 11 ¢ a u? cn50 0a.< m a a a ir- TUCKER ARENSBERG & SWARTZ CELEBRATING A CENTUKT OP 51IRVICL Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, PA 17013 RE: Byers v. Byers Dear Sir or Madam: July 11, 2001 Enclosed herewith for filing in the above matter is the original and one copy of a Petition for Alimony Pendente Lite, Counsel Fees and Expenses along with our check in the amount of $15.00 for the filing fee. Please time stamp the copy and return same in the enclosed postage paid envelope along with a receipt. By copy of this letter, I am forwarding copies of the document to both Mr. Krafsig, counsel for the plaintiff, and to Mr. Elicker, the Divorce Master. Thank you. /gmr Enclosures cc: John J. Krafsig, Jr., Esquire E. Robert Elicker, II, Divorce Master Mrs. Arlene E. Byers (with enclosure to each) 8908.1 Sincerely, TUCKER ARENSBERG & SWARTZ Gloria M. Rine. Legal Assistant to Sandra L. Meilton I i l NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108.0889 717.234.4121 800.2574121 FAX 717.2326802 Rusbmgh • Pillsburgh Airporl Area • Lewislown 6nnil: InpMuckerlaw tom w Auekerlew.com JOIIN J. KRnrsIG, JR., INC. ATTORNEY-AT-LAW HARRISBURG. PENNSYLVANIA 17110.1281 2921 N. FRONT STREET TEL: 717.236.2109 FAE: 717.2360100 July 20, 2001 Crr' MEMBER PENNSYLVANIA BAN DISTRICT 01 COLUMBIA BAR Office of the Prothonotary In Re: Byers v. Byers of Cumberland County No. 99-7641 Cumberland County Courthouse Carlisle, Pennsylvania 17011 Dear Ladies: Enclosed is Plaintiff's Affidavit under Section 3301 of the Pa. Divorce code, to be filed of record. Said Affidavit contains a Ceriticate of Service upon the said Defendant, through her counsel of record, Sandra L. Meilton, Esquire. Please note the same in the Official Appearance Docket. 't'hanking you in advance, I am, Very trulVyours, John Krafsi ?, JJK/sls cc: Sandra L. Meilton, Esquire E. Robert Elicker II, Divorce Master P. S. Also enclosed is an original and copy of the Plaintiff's Petition for Alimony Pendente Lite, Counsel Fees and Expenses, together with a check for $15.00 to file the same, with a proposed order. Thank you for your assistance in this matter, John J. Krafsig, Jr., Esquire GALEN C. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ARLENE E. BYERS NO. 7641 CIVIL 'PERM, 1999 , Defendant IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES AND NOW, comes the above mentioned Plaintiff, by his lawful counsel, John J. Krafsig, Jr., Esquire, who answers the Defendant's Petition, as follows: 1. Paragraph 1 is fully denied; and contains no specifics, other than a mere generality, which is untrue. Byway of further answer, it has been an inordinate delay by the Defendant to provide necessary information to proceed ahead, that has caused the Plaintiff unnecessary counsel fees and expenses, for which a Petition in behalf of the Plaintiff is presently being prepared for presentation to the Court. 2. The Plaintiff asserts that the allegation in his opinion, is a sham; and that the Defendant knew before filing - 1 - this Petition, that she currently earns $115,000.00 a year with the United States Bankruptcy Court, has numerous fringe benefits, including a substantial pension; in which the Plaintiff, a farmer, earns approximately $54,000.00 a year (varies year to year) and has no pension and none of the fringe benefits that the Defendant enjoys. By way of further answer, the Defendant has been in con- trol of the receipt of thousand of dollars of rental moneys from marital properties. In addition, the Defendant has committed herself to a very substantial purchase of real estate in Allegheny County in excess of $200,000.00 and the said request is incredible and a part of an on-going vindictive course of conduct pattern by the Defendant. By way of further answer, the Defendant has not only been on par in defending her rights; but has such substantial moneys that she has been able to maintain herself, living presently rent free in the marital home and has fully been able to maintain her rights in this proceeding. Further, there is absolutely no actual need for alimony pendente lite, counsel fees or expenses, nor has any been set forth to the Court, to establish any merit to this claim, which is totally devoid of merit; and said claim is contrary to the Appellate Case Law of this Commonwealth. WHEREFORE, Plaintiff moves your Honorable Court to deny the said Petition forthwith; and A. Additionally although the Defendant knows the -2 - parties have been separated in excess of two continuous years, has refused to acknowledge the same; and then ask the Court to dissolve the marriage between the Plaintiff and Defendant, which is overdue; B. There is no justification of any award of any alimony pendente lite, counsel fees and costs, as requested by the Defendant in her prayer; and C. That the Court order and direct there is no merit or justification to the said Petition. Dated. ,QQ 2001 Respectfully submitted, i -- - - v,....?"' f . ,? squire A torney for Plai t V 921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorneys I.D. #06890 - 3 - VERIFICATION AND NOW, to wit, this 126 .L day of July 2001, I, Galen C. Byers, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Answer to Defendant's Petition for Alimony Pendente Lite, Counsel Fees and Expenses, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Galen C. Byers; PlYintiff 11 i CERTIFICATE OF SERVICE AND NOW, to wit, this _?7,644 day of July, 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the foregoing document, i.e. Plaintiff's Answer to Defendant's Petition for Alimony Pendente Lite, Counsel Fees and Expenses, upon the following person or persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, to wit: Service by regular mail, through the United States Post office, postage prepaid to : Sandra L. Meilton, Esquire 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 r n J. rafsig, Qr., Es are ttorne for Pl ti 2921 N th Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. 406840 .. f GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant P tea? i AUG 16 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT TO: ROBERT J. ELICKER, ESQUIRE MASTER 1. Assets: i. The assets as specified as marital assets, their value as of the date of valuation, with any liens or encumbrances thereon is set forth in Exhibit "A" attached hereto. ii. The non-marital assets, their value as of the date of valuation, with any liens or encumbrances thereon are set forth in Exhibit "B" attached hereto. 2. Name and address of each expert, who the party intends to call at trial as a witness, is as follows: (a) Steven W. Barrett, Certified Appraiser and Cassandra J. Crockett, of 124-126 North Hanover Street, Carlisle, Pennsylvania 17013. - 1 - Attached is the report, marked Exhibit "C", the said appraisers with their qualifications and experience; and a statement of the substance of facts and opinions to which they are expected to testify with the summary of the grounds for each opinion, Exhibit "C" attached hereto. (b) The name and address of each witness, with a short summary of their testimony, the Plaintiff intends to call as a witness: (a) Clyde DeHart, Jr., 1554 Holly Pike, Carlisle, Pennsylvania 17013. Attached hereto, marked Exhibit "D", is his report, with his qualifications and experience, together with the substance of the facts and opinions, to which he is expected to testify; and a summary with the grounds for his opinion. Also attached is the appraisal of Mr. Dehart. 3. Name, address and short summary of the testimony of each witness: (a) At this time there is no other person that the Plaintiff intends to call at trial as a witness, other than himself; however reserves the right of rebuttal witnesses. 4. A list of exhibits the Plaintiff expects to offer in evidence, together with an identifying mark are as follows: See attachment. As to exhibits that do not exceed three (3) pages, - 2 - the fo exhib llOw1n9 ar i e aC7 i is - attache i danb3ect matter , t tocw1dthree toh -'s pretrial Sta (3 fr m h - 9 et ne a he . Nc EXhib- are des Cribedeasnto tThe it er sal c, Th .ire trPCU fro t he shows she iy to a said ansfer, m 1992' State nts of all s reC it In w th herefin d aw Zos l sh WFrom pe e. e,- . 173 with 0 epmpa b e l estat aZnteff,g less s tar °ln a9s ing etenew ans teT et zxh f repair s, etc e subm- by the pa 'F retirement an? d c e } ArOAer s to r plain d by Cr ro es, Pull o ref Ore, ties ental tiffs o ckett includ tficial with °rOPerti Zes, - hibit , /Barrett n9 `°hot qpa aisals s b the work he Ph 5u Pme byA Gams pountiffs do _ necbyk ? With e Pla°t? et?en andtt BankEXhXibit glen tolst of 'on Ill, %I full in nti f. Thins was sell o Aurchas , Cre rental TaX before the ount cvssary f . fetrm e4ul ine of Retur / the of n n "Or 19 aintif separation, ams S eOU farm n A Other to be0 00 at .00 ant Cached heretoArl nIe nr hick ht bit °S" attach d beret wauS Pa ss of Galen ta2ned here was page °. id in with ace nth edg r °f -Zff u EXh2b2Aossesslonrof the d 453 Oncome P ISO ayable t plant sh eqowingp 4 nt pure " ,Mon al amou a and asecl BYers°12Oadlel 8yersf,s Ekh'e d2sbursem nandrebUpOSite by Ar1e which total the P 1"Ff c s Of thelstaI to9ety 1987 to 1998 El Pab ee f r Be khlb6t249 49 e oft hes r Of check e' her plaintjf h Byers tIo f I t S Exhib=t 3 eat estate ade CoA.i e at ,heL be endorsed b ack S w itten Copies of checks -From and 2h, Previous Image Refillmed to' Correct Possible;- Error O M the following are attached to this Pretrial Statement. The exhibits that exceed three (3) pages are described as to the subject matter, to wit: Plaintiff's Exhibit "E" - Statements from Defen- dant's Account with the NCFCU from 1997 to 2001 showing interest, C.D.s, substantial wire transfers, withdrawals, new loans, re- financing, etc. The said loans, refinancing, etc. are deducted from her salary together with her savings, retirement and therefore, it shows she is receiving less salary. Plaintiff's Exhibit "F" - Full official appraisals of all real estate owned by the parties, including photographs, comparables, etc., submitted by Crockett/Barrett. Plaintiff's Exhibit "G" - Checks with list of repairs to rental properties, work done by Galen to rental properties. Plaintiff's Exhxibit "H" - Credit line of $100,000.00 with the Adams County Bank to purchase farm equipment to be rebuilt by Galen and then sell, seed, fertilizer, other farm equipment, etc. This was necessary for the farming business of the Plaintiff. This account with Adams County Bank was paid in full in 1998, before the separation, attached hereto. Plaintiff's Exhibit "I" - Page 2 of Federal Income Tax Return for 1998, in which there was a refund of $7,453.00 and the Defendant, Arlene, retained possession of the total amount; attached hereto. Plaintiff's Exhibit "J" - Moneys deposited by Galen from the sale of equipment purchased and rebuilt, together with account ledger showing the disbursements of the same. Plaintiff's Exhibit "K" - Copies of checks made payable to Muriel Byers for the purchase of the real estate at 150 Byers Road, which totals $86,249.49. Plaintiff's Exhibit "L" - Copies of checks written by Arlene to Elizabeth or Beth Byers to be endorsed back, from 1987 to 1998. Plaintiff's Exhibit "M" - Copies of checks and in- - 3 - raw, surance for sale/purchase of the 1931 Ford in the sum of $17,000.00. Plaintiff's Exhibit "N" - Copies of checks written for the purchase of farm machinery and parts, to rebuild the mach- inery, etc. for the resale of the same, 1990 to 1998. Plaintiff's Exhibit "0" - Checks for payment on the purchase of Galen's 1999 Ford Truck and related documents. Plaintiff's Exhibit "P" - Loan application by Galen for 1441 Cockleys Meadow Drive, Boiling Springs, Pa. 4/29/99 (after separation); payments on account to Orrstown Bank, etc.; Deed; Galen's Loan information to purchase the property for $93,000.00. Plaintiff's Exhibit "Q" - Galen's Saving Account with Adams County National Bank from 1994 to withdrawal 1999. Plaintiff's Exhibit ""R" - Rental datsoximaarital home by S.W. Barrett Real Estate in the sum of approximately $1,000.00 per month, attached hereto. Plaintiff's Exhibit "S" - Bank statement from Fulton Bank for Arlene, April 2000 to January 2001, showing substantial deposits, wire transfers and withdrawals. Plaintiff's Exhibit "T" - Employer's statement of Defendant's salary for year 2000 and 2001, which are attached hereto. Plaintiff's Exhibit "U" - Defendant's NCFCU state- ment, showing the Defendant's CDs, attached hereto Plaintiff's Exhibit "V" - Letter from Arlene Byers with attached Amortization table, relating to the apartments titled to the parties, situate at 286 S. Locust Point Rd., Mechanicsburg, Pa., attached hereto. Plaintiff's Exhibit "W" - Statement from Arlene, as to income and expenses of the rental properties, but does not show any breakdown as to what properties and what expenses incurred, even though she has received all rentals since the separation and requests were made. This does not include any income from October 2000 to present date, attached hereto. Plaintiff's Exhibit "X" - U.S. Savings Bonds cashed by Galen and moneys paid to daughter, Beth; together with the - 4 - air 771 statement showing he had to pay income tax on the interest received. Plaintiff's Exhibit "Y" - Statements from Thrift Savings Plan of the Defendant, deducted from her salary, covering period from 11/01/98 through 4/30/99 and account information requested 1/03/01, attached hereto. Plaintif l of after 3/1//99 date of separation with cancelled checks,1eetc. withsed his own line of credit. Plaintiff's Orrstown Bank, withC.D. thathwastpurchased C.D. tthe purchased d Cofrom unty Bank with half of condemnation moneys to establish trust. Also the information regarding the set up of the original Trust with statements. Plaintiff's Exhibit ""BB" - Statement from Mony Life Insurance Company of paid up life insurance on Plaintiff, and Life Insurance Policy with Northwestern Mutual Life, hereto attached . Plaintiff's Exhibit "CC" - Copy of Deed and Settle- ment Sheet that Arlene purchased with her daughter in Pittsburgh for $217,500.00, in which she had paid the settlement costs and obligated herself on the mortgage. Plaintiff's Exhibit "DD" - Agreement of Sale entered into by Galen prior to their marriage for the 58-A York Road property in which he solely paid approximately $40,000.00 on this $80,000.00 property prior to their marriage; and therefore he should be entitled to one-half of value as non-marital property. Copies of checks and ledger book able to locate relating thereto. Deed to this real estate is in both names, as it was tranferred after marriage. Plaintiff's Exhibit "EE" - Letter from Dr. Himmel- reich, in behalf of Galen, setting forth his physical condition, causing arthritises that flare up at times, which enables him to perform his work as a farmer and will limit his income in the future, attached hereto. Plaintiff's Exhibit "FF" - Report Inc., relating to the Defendant Arlene'srretirement,? attached hereto. - 5 - 17-11 El Plaintiff's Exhibit "GG" - Loan made by Galen at the Adams County Bank to pay off 5610 Tractor and for the supplies to build the garage per Arlene's request with promise to pay him; copies of checks paid, which Galen paid in full after the sale of the equipment he rebuilt. Plaintiff's Exhibit "HH" - Copies of Bank State- ments from the Adams County Bank in both names, Acct. #1961543 and Galen's Acct. #1967568. Plaintiff's Exhibit "II" - Copies of Galen's Orrstown Bank Statements, Checking Acct. #106-000797 and Invest- ment Acct. #106-212004. Plaintiff's Exhibit "JJ" - Bank Statements from the Keystone Financial Trust Account of Galen Byers. 5. The Plaintiff's gross income and net income, where Galen is self-employed and his Federal Income Tax Returns for 1999 and 2000, face pages are attached hereto, and the com- plete return is attached with the additional Exhibits for evidence, marked Exhibit "KK," which is subject to fluctation, as a farmer. 6. With regard to Plaintiff's expenses, the current Expense Statement is attached hereto and made a part hereof, Exhibit "LL" 7. The Plaintiff has no pension or retirement benefits; however the Defendant has substantial pension benefits with the United States Government - U.S. Bankruptcy office, which is the subject of equitable distribution, see Exhibit "FF", attached hereto.. 8. A claim for counsel fees in the amount of $3,000.00 and an itemization of services rendered, is attached - 6 - hereto and made a part hereof, Exhibit "MM." 9. With regard to the description and value of items of tangible personal property, the following evidence documenta- tion will be offered in support of the valuation, see attachment, Exhibit "D," the appraisal of Mr. DeHart, attached hereto. 10. A list of marital debts, including amount of each debt as of the date of separation, the date the debt was initially incurred, together with the initial amount of the debt and its purpose and the amounts and dates of payments made since the date of separation are submitted on enclosed attachment, Exhibit "NN"; and any evidence that will be in support of the same, is either the documentation or admission of the parties as to the same. The balance of the said mortgage is unknown to the Plaintiff as the Defendant has been collecting all rentals and paying the mortgage from the same, also see Exhibit "v." 11. A proposed resolution of the economic issues are as follows: See attachment marked Exhibit 1100." Dated: August 7, 2001 Respectfull submitted ?J u. ohn J. rafsig, J uire Attorn for Plai iff Attorney's I.D. #06840 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 - 7 - i GALEN C. BYERS, Plaintiff "a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ARLENE E. BYERS, Defendant CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE ASSETS 1. REAL PROPERTY: (a) 58-A York Road, (58 acres approx.), Carlisle, Cumberland County, Pa. - Acquired by Galenfor $80,000. per Agreement of Sale in 1966 and $40,000 one-half was . paid before marriage and upon balance paid, both names were placed on the Deed. 14 Acres ......... $126,000 1.12 Acres ....... $ 35,000 24.65 Acres ...... $220,000 14 Acres (Shugart Rd.)...$169,000 $550,000.00 (b) 286 S. Locust Point Rd., Mechanicsburg, Cumberland Co., Pa. (4 apt. units) - Acquired in 1985 in the sum of $210,000 from farm money and rentals received from said real estate, which was deeded in both names,and there is a mortgage balance of approx. $70,000 $241,000.00 (c) 319 Walnut St., Boiling Springs, Cumber- land Co. Pa. - Acquired in 1995 in the sum of $85,000 from farm money, which was deeded in both names $ 84,000.00 PLAINTIFF'S EXHIBIT "A" mA 11W (d) 901 W. Trindle Rd., Mechanisburg, Cumberland Co., Pa. 17055 - Acquired in 1985 in the sum of $128,000 from farm money, which was deeded in both names. (Note: Value of Lot in (e) is not included) $125,000.00 (e) Lot w/sewer & water on W. Trindle Rd., Mechanisburg, Pa. - which property was a part of (d) 901 S. Trindle Rd. $ 50,000.00 (f) 150 Byers Road, Carlisle, Cumberland Co., Pa. - 99 acres with house & farm w/out bldgs. - Purchased in 1973 for $75,000 with farm money, in both names (Note: Value of Lot on W. Trindle lid., a part of this property, is not included, but is set forth in (g) $800,000.00 (g) Lot on W. Trindle Rd., a part of (f) when acquired, in both names $ 50,000.00 2. MOTOR VEHICLES: (a) 250 Ford Truck - Titled in Plaintiff and purchased by him from money acquired from farm machinery sold after Plaintiff reconditioned the same - Purchase price $28,000, but there is a lien in the sum of $23,000 through Orrstown Bank by Plaintiff; and therefore Plaintiff's property only $ 5,000.00 (b) Defendant owns a vehicle (believed to be an Exployer) that was purchased prior to separation in Defendant's name only; other information as to any other vehicles is unknown, therefore, she will need to supply this information Unknown 3. STOCKS, BONDS, SECURITIES AND OPITONS: (a) Savings Bonds that were in the name of Plaintiff, which were turned over to the Beth the parties child for her college education by the Plaintif June 3, 1999 ($ 23,844.80) Savings Bonds believed to be owned by Defendant, but value is not known to the Plaintiff Unknown --- . , 1- .... -- L-Lj (b) Stock, securities and options are believed to be owned by the Defendant, in Dean Witter, or any other broker, but information is unknown to Plaintiff Unknown 4. CERTIFICATES OF DEPOSIT: It is believed there are Certificates of Deposit purchased during marriage, but amounts, etc. are unknown to the Plaintiff. 5. CHECKING ACCOUNTS, CASH: (a) Galen Byers in the Adams County Bank, for farm business, opened approx. 1961, in order to buy equipment, supplies, livestock, etc. It was also used for rents received,. repairs, taxes, etc.; with approx. balance of $38,000. at time of separation and closed after separation, with a balance of $886.80 on 8/31/99. (Note: Moneys were drawn from this account by the Defendant) $ 886.80 (b) Arlene Byers is believed to have a checking account, but the name of the institutions, and/or account numbers are unknown to the Plaintiff Unknown 6. SAVINGS ACCOUNTS, MONEY MARKET AND SAVINGS CERTIFICATES: (a) Savings Acct. 4106212004, with Orrstown Bank in the name of Plaintiff, which was transferred from Trust Account for Galen Byers in the PNC Bank 6/30/99 $182,000.00 (b) It is believed the Defendant has accounts in her name and/or with third persons, but information is unknown to the Plainitff Unknown 8. TRUSTS: (a) Trust Account in Orrstown Bank in the name Galen only, estatablished 1986 with PNC Bank, from the sale of farm equipment lie restored then transferred to Savings Account 6(a) ($182,000.00) 9 11 14 18 VW LIFE INSURANCE POLICIES: (a) Galen with the beneficiary Muriel Byers, his mother, on the life insurance policy, in the amount of $12,000 presently $ 12,000.00 (b) Arlene has a life insurance policy with her employer in the present amount of $ 96.000.00 the beneficiary is unknown, however it was the Plaintiff before separation (c) Galen has no other insurance policies, but it is believed that the Defendant has other policies Unknown GIFTS: (a) Galen - See attached list (b) Arlene - Unknown to the Plaintiff Unknown PERSONAL PROPERTY OUTSIDE THE HOME: (a) Galen - See attached list PENSION PLANS (a) Galen (Plaintiff) - None None (b) Arlene (Defendant) has a pension plan with employer, however the value of the same is presently unknown to the Plaintiff unknown 19. RETIREMENT PLANS, INDIVIDUAL, RETIREMENT ACCOUNTS: (a) Galen (Plaintiff) does not have any such Plan. None (d) Arlene (Defendant) is believed to have an individual retirement plan and/or retire- ment account, i.e. IRA, ROTH, etc., but the value of the same is unknown to the Plaintiff Unknown 24 DEBTS DUE, INCLUDING LOAN MORTGAGES HELD (a) Mortgage on 286 S. Locust Point Rd., Mechanicsburg, Cumberland Co., Pa. (4 unit apartment bldg.) - acquired in of 1985 for the sum of $210,000.00, with a mortgage balance of $70,000., being deeded in joint names, but the rental from the property is supposed to pay the mortgage and Galen was doing any maintenance to the said property, which the farm account had paid for. However, since the separation, Arlene has been receiving the rental moneys and it had not been paid into the farm account as it usually had been the past to pay the mortgage, taxes, etc.; and therefore status is unknown to Galen $70,000.00 (b) Services rendered to Byers Road to increase a 2-car garage to 4-car garage by the Plaintiff, at the request of the Defendant in Nov. 1998 and the Defendant (Arlene) had promised to pay the Plaintiff for his services and supplies $18,000.00 25. HOUSEHOLD FURNISHINGS AND PERSONALTY HELD: (a) Items held by the Plaintiff, belonging to both parties, to wit: J.D. 6400 tracter, $24,000; Hay Buster Drill $4,000.; Wagon and a Forge Wagon, $800, which the Defendant uses for the farming (b) List attached as the items in the possession of the Defendant, belonging to both parties of a value of $15,920.00 per DeHart's Appraisal, which will be attached. 26. OTHER: • MARITAL ASSETS HOUSEHOLD GOODS AND PERSONALTY (Values unknown, it is believed Defendant had these items appraised) Dish washer 2 Microwaves Refrigerator Old table with 4 chairs 4 bar stools Dishes, cooking utensils, pots & pans, etc. Old 4 legged oak table Table with 6 chairs Hutch Portable TV High Chair Strawberry Fair Dishes Other china & dishes - antiques Tea Cart End table Potted Plants Air conditioner File cabinet (4 drawers) big desk Computer - Fax Big screen T.V. Lazy Boy Chair Entertainment Center Book case 2 stuffed chairs Antique sleigh Couch 2 End tables Baby cradle - Antique 2 Lamps 2 Rocking Chairs- Antique Painted milk can Piano Dry sink washer Dryer Rainbow sweeper Roll top Desk Chest of drawers - Antique Rocking chair 2 End tables mirror Freezer chest 2 Push lawn mowers Weed eater 2 Big cupboards 1 Dresser Chest of Drawers Water Bed 2 Night stands Small drawer chest Antiques - Pictures and other mist .a small items NON-MARITAL ASSETS OF PLAINTIFF (a) Real Estate situate at 1441 Cockey's Meadow Drive, Boiling Springs, Pa. 17007, which was purchased after separation in 1999 in the amount of $93,500.00, in which there is presently a mortgage with Orrstown Bank, with a balance of approximately $88,000.00. (b) A 250 Ford Truck in Galen's name only, as it was purchased by him, for the sum of $28,000.00 and the balance due on the same is approximately $23,000.00, which is presently in the Plaintiff' possession. (c) Certificate of Deposit issued to Plaintiff in the amount of $100,000 presently, at the Orrstown Bank on 4/29/99 (Sale of farm equipment, that was rebuilt by the Plaintiff and subsequently sold) $100,000.00 (d) Entitled to an interest equivalent to the $20,000.00 of the $40,000.00, or one-half, that Galen paid for the real estate before his marriage, situate at 58-A York Road, Carlisle, Cumberland County, Pennsylvania. (e) Farm Equipment purchased after separation, to wit: Disk Narrow, $450.00 from Kimmel Farm Sale; Wagon, $300. from Kimmel Farm Sale; Disk [farrow, $900.00 from Marion; Sprayer, $1,200.00 from Mr. Ruppert; Cut off saw, $240.00 from TSC; 8 Ton Flat Wagon $500.00 at Kimmel Farm Sale; Green Dump Bale Wagon, $1,200.00 built in shop; New Rolland Self Unload Wagon, $165.00 from Kimmel Farm Sale; Red 10 Ton Wagon $400.00, from Kimmel Far Sale; 8 Ton Wagon in Shop for parts, $250.00, Harvey Hoover; Geal Forage Wagon $400.00 from Kling Sale; New Rolland Grove Wagon $400 from Roy- Coover; JD 8 Row Bean Planter, $4200, Green's Sales; Gehl Hammer Mill, $325., Marion Sale; 20 ft. Trailer (New), $4,500.00, R&W Equipment; Oliver Loader, $175.00, a Farm Sale; Gehl Harvester, $375., Kimmel Sale; J.D. 337 Baler, $4,900., C.V. Produce Sale; 36 ft. Bale Elevator, $750., Farm Sale; Oliver Tractor 1755, $7,400, Martin. PLAINTIFF'S EXHIBIT "B" (g) Gifts to the Plaintiff in the marital home, where the Defendant is presently residing, to wit: Lazy Boy Recliner, $250.; Weather Moniter, $30.; Skinning knife, $70.; Meat saw, $25.; Wagon Seat Bench, $175., gift (antique) from his Dad; Guns, that were his, including his childhood gun: Remington 22, Remington 16, 410 Rifle and 270 Rifle, together with gun cabinet his uncle made and gave him as a gift, values unknown; The "Byers" Family papers; Home made soap in attic, by his mother; Galen's toys, tracters, implements, metal; Galen's wooden train (First train), $1500.; Star Barn pictures, etc.; picture of York Road Farm, $300.; Galen's toys in attic, $500; Dinner Bell from farm $200.; Galen's Yearbooks from school, Diploma, Birth Certificate and any other important personal papers; Coins in safe that was his mother's (quarters, silver dollars, etc.). (h) Gifts to Plaintiff (Galen) presently in his possession, to wit: Oliver Tractor, $3,000, and Flat wagon, $400, from his father; Shop tools: S.K. Sockets - $100; Snap Ring, $25; Oars, $15.; Air 'fools, $25.; Wrenches, $25.; screw drivers $20.; Tool Chest, $200. and Tables $20. from Ivan Cassette (i.) Checking account in Orrstown Dank, opened after separation 8/31/99, known as a "Farm Account" for him to purchase seed, equipment, supplies, etc. for the farming business $53,000.00 A rn w cl o N q NN C O C/] u a a c ' 3 ¢ a C14 o"o? z Q L? E a x w E ' ? C7 0 U so ?a m T Mu kt ollools M O O N L K O w 1 LU a h? .-I ao w N Z 0. m x n ^ N N 3 = Lu o za_H s >z31 = V v c' S Ch ca m o ? C3 u u En .. a 1 % O4 Z `" v O A O ? I C a' U V' PLAINTIFF'S EXHIBIT "C" '01(FRI) 02:59 BART REAL ESTATE TEL:717 243 8"2 STEVEN W. BARRETT Steven W. Barrett Real Estate & Appraisal Services-Established 1976 124126 North Hanover Street, Carlisle, PA 17013 Phone 717-213.6646 FAX 717-243.8627 E-Mail - sbarrett®epix.net PROFESSIONAL LICENSES: PA Slate Certified General Appraiser, GA-000298-L PA Real Estate Broker, RB-026921-A Certified PA Evaluator, AV-000034-L PROFESSIONAL DESIGNATIONS EARNED: SRPA, Senior Real Property Appraiser, 11/90 Appraisal Institute - General Member SRA, Senior Residential Appraiser, 9/83 Appraisal Institute - Residential Member ASA, Accredited Senior Appraiser, Real Property Urban 7/90, American Society of Appraisers GAA, General Accredited Appraiser, 11/94 Realtors Appraisal Section P. 002 CPE, Certified Pennsylvania Evaluator, 11/88 Assessors Association of Pennsylvania CRB, Certified Real Estate Brokerage Manager 2/86 Realtors National Marketing Institute CRA, Certified Review Appraiser, Senior Member, 4181 National Association of Review Appraisers ASSOCIATION MEMBERSHD'S: Appraisal Institute Assessors Association of Pennsylvania American Society of Appraisers REALTORS - National, State & Local Organizations OFFICES HELD: 2001 President, Appraisal Institute, Central PA Chapter 2000 Second Vice President, Appraisal Institute Central PA Chapter 1998 Chair, Appraisal Section Harrisburg Association of REALTORS 1989-90 Vice Governor, District 20, Society of Real Estate Appraisers Various REALTOR and Appraisal Institute Cotuotinees 1984-86 President, Chapter 70, Society of Real Estate Appraisers 1982-83 Vice President, Chapter 70, Society of Real Estate Appraisers 1982 President, Carlisle Board of REALTORS 1981 Vice President, Carlisle Board of REALTORS 1979.84 & 1990-1992 Executive Board, Carlisle Association of REALTORS APPRAISAL AND REAL ESTATE EDUCATION: Appraisal Institute/SREA - Courses SREA Course 101, An Introduction to Appraising SREA Course 102, Applied Residential Property Valuation SREA Course 201, Principles of Income Property Valuation SREA Course 202, Applied income Property Valuation SREA Course 301, Special Application - Appraisal Analysis Al Course 510. Advanced Income Capitalization Residential Demonstration Report Income/Commercial Demonstration Report Penn State University - Courses Real Estate Appraising I Real Estate Appraising 11 Real Estate Appraising-Right of Way Real Estate Theory and Practice Real Estate Finance Real Estate Administration & Management Real Estate For the Small Investor 04 Appraising from Blueprints and Specifications '01 Regression Analysis in Appraisal Practice FHA Appraisal Inspection from the Ground Up '01 Partial Interest Valuation - Undivided '00 Technology Form - Parts l and 2 '99 Litigation Stalls for the Appraiser '98 Dynamics of Office Building Valuation '98 Loss Prevention '98 Uniform Residential Appraisal Report '97 Small Residential Income Property Appraisal 97 Uniform Standards of Professional Appraisal Practice - Sections A & B '97 Valtwtion of Leasehold Interest '97 Valuation of Leased Fee Interest '97 Underwriter's Guidelines to Real Property Appraisal '97 Appraisal of Mixed Use Property Types '96 Highest and Best Use 96 Feasibility Analysis - Non Residential '96 Appraisal of Contaminated Property '96 Easement Valuation '96 Architecture Development '95 Appraisal of Retail Properties '95 Subdivision Valuation '94 Appraisal Review '94 Cash Equivalency '90 Appraisal Guidelines - FHLB'89 Commercial and Industrial Report Forms '89 Narrative Appraisal Report Writing Functional Obsolescence for Redevelopment and income Producing Property Litigation Valuation Business Valuation Other Seminars: Veterans Admint tration Training '01 Mandatory Brokerage - Keil '00 Agency Changes, Choices and Farms Realtors imt1tute'99 Law and Order, USPAP and PA Realtors Institute '99 Elective Brokerage - Shearer '97 Mandatory Brokerage - Shearer '97 Appraisal of a For-Profit-Cemetery - AAP '96 Appraisal of an Operating Landfill - AAP'96 Nursing Home Valuations - AAP'95 Realtors National Marketing Institute Course 302, Marketing Management '86 HUD-FHA Training Seminar Pennsylvania Appraisal Statutes WORK EXPERIENCE: Real Estate Property Manager, 1979 Real Estate Appraiser, 1975 Real Estate Broker, 1974 Real Estate Salesman, 1971 EXPERT WITNESS: Cumberland and Dauphin Counties Court of Common Pleas and Domestic Master Hearings PctmDOT Board of View Various Municipal Zoning and Planning Boards TYPES OF PROPERTIES APPRAISED: Residential Commercial Multi-Family Mixed Use Easements Eminent Domain Feasibility Studies Cash Flow Analyses Industrial Investment Agricultural Retail Right of Ways Subdivisions Assessment Appeals Consulting REAL ESTATE BROKERAGE: Listings, sales, leasing and consulting of all types of real estate in southceatral PA .? a V Q N LLI T N a O 7 cn y C S Q U° a CL p ?o o q, O ? ? u Q r c v ? Q O N a C1 L e ani ? W C) Gl o E A o W U ° m y, ?O m 4 M O O n N v •• O w r-I O O ? N v n ? v M m o ? 0 w u ri U fj a Z v ri e O ? O ? a U a' w h x 0 O ¢ - U C a } a O K j O w [C Q¢ = U F Q w Q o N U ¢ow U N ? i t"4t CASSANDRA J. CROCKETT PENNSYLVANIA CERTIFIED RESIDENTIAL APPRAISER EMPLOYMENT: STEVEN W. BARRE T! REAL ESTATE, 126 North Hanover Street, Carlisle, PA 17013 PHONE: 717743.6646 FAX: 717.2438627 1993-Present Certified Residential Appraiser 1986.1993 Staff Appraiser 1986 - Present Real Estate Salesperson APPRAISAL EDUCATION 1999 Basic Residential HUD Appraisal Requirements 1998 Order In the Court- Expert Witness & Tax Appeals Nall. Assoc. of independent Fee Appraisers, York, PA Greater Harrisburg Realtors institute, camp mil, PA Income Capitalization & Partial Interests The Write Way: Narrative Report Writing Educational Division, D. P. Shearer, Inc., Carlisle, PA Greater Harrisburg Realtors institute, camp HID, PA 1997 Pennsylvania Appraisal Law 1996 Appraising Residential Properties for FRA Insured Loans Greater Harrisburg Realtors Institute, Camp Hill, PA Natl. Assoc. of Independent Fee Appraisers, Bethlehem, PA 1995 Educational Conf.l Ned. Assn./Independent Fee Appraisers Taking a Closer Look at Home Construction Joint Conf. NYINJIPA Appraisal Boards, Atlantic City, NJ Greater Harrisburg Realtors institute, camp Hill, PA 1994 FIWVA Appraiser Roster Seminar Polley Associates, Harrisburg, PA. 1992 Introduction to Commercial Appraising PA Realtors Institute, Harrisburg, PA 1989 Applied Residential Property valuation Society of Real Estate Appraisers, Hershey, PA 1987188 Graduate of Real Estate Institute 1& 11 PA Real Estate Commission, Harrisburg, PA 1993 The New URAR Seminar Central PA Chapter. Appraisal Institute - Harrisburg,PA 1991 Uniform Standards of Professional Appraisal Practice (BI-Annually '93,195,,97, 199) Educational Division, D. P. Sharer, Inc, New Cumberland, PA McRl9sock Data Systems, Mechanicsburg, PA Greater Harrisburg Realtors institute, camp mil, PA 1986 Real Estate Finance PA Real Estate Commission, Carlisle, PA Introduction to Appraising Real Property Society of Real Estate Appraisers, State College, PA EDUCATION 1973 Liberal Arts Degree, Qulnsigamond College, Worcester, MA C t r 64 O S. W. BARRETT REAL ESTATE & APPRAISAL SERVICES Appraisals a nrnkerage 8 Counseling 124-126 N. Hanover Street Carlisle, PA 17013-2455 Phone (717) 247.6646 PAX (717) 243.8627 Steven W. narrett, SRPA, SRA, ASA Stare Certyled Genemt Apprairer A O Q 95 2M June 22, 2001 John J. Krafsig, Jr. Attorney-At-Law 2921 N. Front Street Harrisburg, PA 17110 RE: Byers v. Byers Dear Attorney Krafsig; The appraiser/s certify that the subject properties were personally inspected to estimate their present market value in Summary Appraisals in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). 71te reports describe the appraisers qualifications and experience and slate the substance of the facts and opinions to which the appraiser/s are expected to testify and a summary of the grounds for each opinion. T1te ten properties appraised are as follows: 150 Byers Road, Boiling Springs Nest Trindle Road, Boiling Springs Shughart Road, Carlisle (3) Tracts on York Road, Carlisle 286 South Locust Point Road, Mechanicsburg 901 West Trindle Road, Mechanicsburg and Vacant Lot 319 Wnlnul3lreet, Doiliug SIM rugs. '17te appraiser/s also certify that there is no financial interest, present or contemplated, in these properties, and that neither the employment to make the appraisals nor the compensation there from was contingent upon the values reported. Sincerely, CASSANDRA J. CROCKe -1', RL-001348-L PA CERTIFIED RESIDENTIAL APPRAISER STEVEN W. BARRE11', SRPA, SRA, GA-000298-L PA CERTIFIED GENERAL APPRAISER JUL. -03'01(TUE) 00:13 ARETT REAL ESTATE TEL:717 243 86270 Byers v Byers 150 Byers Road-Appraised in fee sample using the Market and Cost approaches to determine i value with most weight being given to Market. Cost was taken from Marshall Swift Valuation local cost analysis. Value by the sales comparison approach was a result of analyzing Compare 1, 55 Sinclair Road; Sale No. 2, 151 Simmons Road; Sale No. 3,1284 N. Middleton Road; end 1000 Sandbank Road. Value was then reconciled at $800,000. de Sale No. Sale No. 4, Vacant Lot, W. Trindle Road - Appraised in fee simple using the Market Approach only. The ales comparison approach was used to determine muker value. Sale No. 1, Lot, W. Diadte Road; aJ, No. 2, Lot, Old Stonehouse Road; Sale No. 3, Lot Lisburn Road. Value was then reconci;ed at S50,0 Acreage, Shugart Road - Appraised in fee simple wing the Market Approach only. The ales nsparisoi approach was used to determine market value. Sale No 1, William Grove Road; Sale No.2, Ganthem Road; Sale No. 3, State Road. Value was then mteonciled ar S169,000. Vacant Lot, York Road-Appraised in fee simple using the Market Approach only. The sales c mparison approach was used to determine market value. Sole No. 1, W. Trindle Road; Sale No. 2, Hoovir Road; Sale No. 3, Liabrea Road. Value was then reconciled at S35,000. Acreage, York Road, refeteeee Tract I - Appraised in fie simpic using the Market Approach o y. The ales comparison approach was used to determine market value. Sale No. 1, Williams Grove R ul; Sale No. 2, Grantham Road; Sale No. 3, State Road. Value was then reconciled at $220,000. Acreage, York Road, reference Tract It - Appraised in fee simple wing the Maket Approach ly. The sales comparison approach was used to determine market value. Sale No. t, Williams Orove R ad; Sale No. 2, Cmantham Road; Sale No. 3, State Road. Value was thrn reconciled at $126,000. 266 South Locust Point Road -Apprised In fee simple using the Market Approach, the Cost proach as well as the income Approach. Value by the salts comparison approach utilized Sale No. 32 N. 17a Street, Camp Hill; Sale No. 2,119 E. High Street, 121.125 E. Main Street. The income approa h to value was Asa result of multiplying the gross monthly Income by die gross rent multiplier. The cost preach figures were from Marshall Swift Valuation Service and local cost analysis. Value was then r nncited at S241,000. Vacant Lot, W. Trindle Road- Appraised in fee simple using the Market Approach. The ales eomparlsor approach was used to determine market value. Sale No. 1, 8 Clover Lane; Sale No. 2, Skypon Cad; Sale No. 3, Orchard Street. Value was then reconciled at S50,000. 901 W. Triadic Road- Appraised in fee simple using the Market Approach and the Cost Appr ch to determine market value with most weight given to the Market The cost was taken from Mars 0 Swift Valuation Service and local cost analysis. The market was analyzed using Sale No. 1,18 S ncl it Road; Selc Na. 2, 15 Bare Road and Sale No. 3,419 South High Street. The value was trcn reconcil d at 5125,000. 319 Walnut Street - Appraised in fee simple wing the Market Approach and the Cost Approac to determine market value with most weight given to the Market. The sales comparison approach pnalyzed Sale No. 1, 26 Hamilton Street; Sale No. 2, 28 Otto Avenue; Sale No. 3, 34 Kcawood Avenue. phe cost approach was from Marshall Swift Valuation Service and local cost analysis. The value war thella reconciled at $84,000. P. 002 The above cosiderstiaw and facts were used to establish the values of the ten properties 0 a DEHART'S..AUCTION SERVICE FY: ....................... ' 1 i 7R0e13 717.258.5858 June 27, 2001 John J. KrafsigJr. 2921 North Front St Harrisburg, PA 17110 Dear Mr. Krafslg Jr„ I' exPerlence In m writing to inform you of my qualifications and expert and operator of a hill'tisellin me auctlo house/serAcelgl worrk for 7 years, with andque and furniture store owner Clyde auctioneer Frank Pottelger for 3 years. I did an apprentice years and took an auctioneer and appraisal study exam a State auctioneer board exam, My license is through the G Depanment State Bureau of Professional and occupation' Wnh regard to my listed items on the appraisal, I arrived a In consideration exceNent condition. the items' condition and today's fair marF Slncereiy, Clyde DeHan J' ` Llc $ AU•003858d.. PLAINTIFF'S 10 391+d _ N?Tj d3EnMlaVHW r :es. I have combined tousa Old I m owner with actlo rry Wlmer Hart Sr. for IP with Fran fk s, and with se. 1 parsed s anla ger for 3 yW momvaaith 1. svlv ie estimated Itre by taking value, All lea were good to BIT "D" 1L 01 :20 100Z/L7/90 From to 236-0100 at 6/25/2001A24 AM 002/00. ROOM ITEM VALUE KITCHEN MISC CHINA $250.00 DWNERWARES 5200.00 4 MODERN BAR STOOLS 5150.00 LIGHTS S40 00 MISC KITCHEN GOODS $150.00 ANTIQUE -ABLE & 4 CHAIRS $250.00 DINING ROOM MIS- ANTIQUE CROCKS $S ,040 00 S8000 MODERN TEA CART 5175.00 TABLE & 8 CHAIRS $525.00 LAZY BOY RECLINER $150.00 ITEMS IN CHINA CLOSET $475.00 PLATE SHELF b19TH CHINA $9000 SET OF STRAWBERRY FAR CHINA $2250.00 BLUE AND WHITEQUILT $150.00 ANTIQUE CRY SINK $550.00 MISC LIGHTS $2000 PICTURE $4000 OAK STAND $125.00 WALL MIRROR $125.00 ANTIQUE PIANO STOOL $7500 MISC BASKETS S125.00 CARPET $2500 MISC SILVERWARE IN WOOD CASE S5000 COLOR TV S4000 MODERN HUTCH $250.00 BLUE SPONGE WARE DISHES $300.00 MISCGLASSWARE 57500 DOWNSTAIRS HALLWAY ANTIQUE CHEST OF DRAWERS $250.0000 MODERN CLOTHES TREE S4000 ANTIQUE 4 PRONG WOOD =ORK S6000 M',SC PICTURES S4000 LIVING ROOM PIANO WITH STOOL $390.00 $500.00 ENTERTAINMENT CENTER $30000 27 INCH TV 3125.00 TV STAND/CCFFEE TABLE S5000 2 CANE ROCKING CHAIRS $275.00 ANTIQUE STAND 5150.00 BOOKRACK 52500 MISC ROCKING CHAIRS $150.00 ANTIOJE BLOCK SLEIGH $550.00 CHILD ROCKING CHAIR S4000 BOOK CASE 5125.00 BUCKBOARD SEAT S200.00 'HOOD CHEST S4000 KEROSENE LIGHT $9500 MISC POTTERY $115.00 LCVE SEAT $6500 From to 236-0100 at 6/25/200124 AM 003/00 UPSTAIRS HALLWAY APdTIQUE BLANKET CHEST HEXAGON END STAND MODERN GUILT W SC LIGHTS 2 PIECE LIVING ROOM SUITE MODERN RCLLTCP DESK MODERN CESK CA:R MODERN QJLT RACK MODERN CRY SINK PLANTSTAND MISC STAND MISC LIGHTS OFFICE OAK OFFICE DESK AND CHAIR IJAPLE DESK GUN CABINET 270 CALIBER RIFLE 16 GAUGE S.-IOTGJ`J 22 CALIBER RIFLE 41.0 SHOT F;LE CABINET M ISC LIGHTS CLD COMPUTER ADDING :MACHINE BEORCOM CHEST OF DRAWERS ANTIQUE LADIES DESK ANTICUE, EWELRY CASE MISC LIGHTS MISC PICTURES MODERN PERSIAN RUG WATERBEC 2 NIGHTSTANDS DRUP/ TOP TABLE DRESSER ANTIQJE WATER PITCHERS QUILT AND CRESSER SET BLANKET CHEST ANTIQUE DO'_L CHAIR GARAGE 3 PUSH MOWERS ANTI IQJE TABLE WEEDVJACKEP. MISC TINS MSC TCOLS 2 ANTIQUE FARM CABINETS UEAT BENCH ..MISC GARAGE ITEMS S150.00 $1500 $9500 S6500 5450.00 $3,78000 $350.00 S5000 S2500 S"250.00 S1000 $6500 S2500 S77500 S2000 $125.00 $115.00 $425.00 S17* 00 $275.00 $9500 S7500 S2500 57500 $1000 S1,41500 S250.00 5375.00 $350.00 S4500 S6500 $5000 5325.00 S12500 $325.00 5350.00 S7500 $150.00 5250.00 $75.00 52,810.00 $650.00 $7500 S7500 S9000 $100.00 3?50.00 $7500 5200.00 $1,91500 $15,920.00 aYERGC F m1040(1Bge) Ga 34 Tax and 3sa 1 edits / Standard Deduction 36 for Most F People I Single: S4.250 Head of household: $6.250 Manned ruing jointly or Oualeying widow(er): $7.100 Manned riling separately: ' 1 Iri Amount from line 33 (adjusted gross incomer)? ....... ...... ...... r Check if: ? You were 65 or older. U Blind; ? Spouse was 65 or older. ? Blind. L Add the number of boxes checked above and enter the total here . ? 358 b if you are manned filing separately and your spouse itemizes deductions or ? you were a dual-status alien. see page 29 and check here . ---....... •.. •......... ? 35b Enter the larger of your itemized deductions from Schedule A. line 28. OR standard deduction shown on the left. But seepage 30 to find your standard deduction if you checked any box on line 35a or 35b or if someone can claim you as a dependent .................... Subtract line 36 from fine 34 If line 34 is $93,400 or less, multiply $2,700 by the total number of exemptions claimed on line 6d. If line 34 is over 593,400, see the worksheet on page 30 for the amount to enter . , , . ,.. ,., . . Taxable Income. Subt. line 38 from line 37. If In. 38 is more than In. 37, enter-0- _, . ... . .. ........... Tax. See page 30. Check if any tax from a ? Form(s) 8814 b ? Forn4972 ........................................................................... 10 Credit for child and dependent care expenses. Attach Form 2441 41 Credit for the elderly or the disabled. Attach Schedule R,,,,,_,.,,,, 42 Child tax credit (see page 31) ..................................... 43 Education credits. Attach Form 8863 . . . . . . . . . . . . . .................. 44 Adoption credit. Attach Form 8839 ................................. 45 Foreign lax credit. Attach Form 1116 if required ...... ...... .... 46 Other. Check if from a Form 3800 b ? Fern 8396 c ? Form 8801 of 8 Form (specify) 47 Add lines 41 through 47. These are your total credits . . . . . . .. . . . . . . ................................ 37 38 39 40 41 42 43 44 45 46 47 48 50 Self-employment tax. Attach Schedule BE .......................................................... Other 51 Alternative minimum tax. Attach Form 6251 ........................................................ Taxes 52 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 .. 53 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 if required,,,,,,,,,,,,,,,,,,,,,,, 54 Advance earned income credit payments from Form(s) W-2 ......................................... 55 Household employment taxes. Attach Schedule H .................................................. S7 Federal income tax withheld from Forms W-2 and 1099,,,,,,,,,,,,, Payments 58 1998 estimated tax payments 8 amount applied from 1997 return 598 Earned Income credit Attach Sch. EICif you have a qualifying Attach child b Nontaxable earned inc.: amt. la Forms W-2 and W-2G &" ? ........................................................ on the front. 60 Additional child tax credit. Attach Form 8812,,,,,,,,,,,,,,,,,,,,,,, Also attach Form Fenn 1099-R 1099 61 Amount paid with Form 4868 (request for extension),,,,,,,,,,,,,,,, if tax was 62 Excess social security and RRTA tax withheld (see page 43),,,,,,,, withheld. 63 Other payments. Check it from a ? Form 2439 b ? Form 4136 Refund 65 If line 641s more than line 56, subtract line 56 from line 64. This is the amount you OVERPAID ,,, -,, .. Is- Have it 66a Amount of line 65 you want REFUNDED TO YOU ...................... directly deposltedl ? b Routing number ? e T e: ? Checking ? Savings See page 44 ? d Account number and fill in 66b, Amount 68 If line 56 is more than line 64, subtract line 64 from line 56. This is the AMOUNT YOU OWE. You Owe For details on how to pay. see page 44 ........................................................ 10 68 _ .. .. - . . . .. __ I I nos any xnowisoge Joint return? See page 18. Your signature Data I Your occupation Spouse's signature. It a joint return. BOTH must sign. QQ Pr openers ?rriald a nature Preparer's Firm-, name (or yours Use Only it self<mployed) and DAA 400 St-MainVStreet Date I Spousa•sooarpatwn Check a Preparers social security no. ? 172-36-0048 EIN 23-2405297 ZIP ccoa PLAINTIFF'S EXHIBIT "I" n ea"k S. W. BARRETT REAL ESTATE & APPRAISAL SERVICES Appraisals • arokersge • Counseling 124.126 N. Hanover Street Carlisle, PA 17013-2455 Phone (717) 243.6646 FAX (717) 243.9627 Stacn W. Barrett, SRPA, SRA, ASA State Certirted General Appraiser niiiuns ? Q ? Q June 4, 2001 Mr. Galen Byers 1441 Cockleys Meadow Drive Boiling Springs, PA 17007 RE: 150 Byers Road Carlisle, PA 17013 Dear Mr. Byers; Responding to your request for rental data regarding the subject property we appraised on 03/15/2000, after researching the current rental market for single family homes with similar locations and amenities we find a rental range of $900 - $1200, Say: One Thousand ($1000) Dollars. Please, do not hesitate to call should you need any additional information. Sincerely, Cassandra J. Crockett PA Certified Residential Appraiser RL-001348-L Steven W. Barrett, SRPA, SRA, ASA PA Certified General Appraiser GA-000298-L PLAINTIFF'S EXHIBIT "R" Fulton Bank People dedicated to your success.- IsI111111111113111sill ItIIIIffilsills IIIIIItoIIIIIIIIIIIIIIIII ARLENE E BYERS 150 BYERS RD CARLISLE PA 17013-9747 STATEMENT OF ACCOUNTS 3621-85907 STATEMENT PERIOD FROM THROUGH 4-06-00 5-17-00 PAGE 1 OF 3 17 ENCLOSURES. REGULAR CHECKING ACCOUNT: 3621-85967 PREVIOUS DEPOSITS/ CHECKS/ SERVICE" STATEMENT BALANCE CREDITS 4 DEBITS 17 FEES .00 16;520.08 15;705.37 :00 DATE ACTIVITY DESCRIPTION REFERENCE 04-06 BEGINNING BALANCE 04-06 DEPOSIT 02323505330 04-14 DEPOSIT 01412307090 04-21 CHECK 96 02225908540 04-24 CHECK 93 01112705090 04-24 CHECK 97 02235802460 04-27 CHECK 98 01004509850 04-28 USC TREAS 310 DEPOSITS/ CHECKS/ CREDITS DEBITS 120.08 15,000.00 137.40 9,856:50 525.00 700:00 1,000.00 X 0 0 i ENDING BALANCE 814.71 BALANCE 120.08 •• 15,120.08. 14;982:68.. 4;601:18 3,601.18 05-01 ZU6363463000056 CHECK 94 01008600050 2,176.00 4;301.18- 05-01 CHECK 101 00601406060 130.00 1 995.18 05-02 CHECK 110 01920008750 100.00 , 1 895:18 ' 05-03 CHECK 109 00905802830 625.00 , 1 270.18 05-05 CHECK 103 01306908240 47.70 , 1 222:48. 05-08 CHECK 95 00702102430 12 00 , 05-08 CHECK, 102 01212602410 . 22 04 05-08 CHECK 105 01209805450 . 75 70 05-08 CHECK 106 01211909850 . 95.40 05-08 CHECK 107 01007403240 500.00 51734, 05-11 CHECK 104 00601303210 76.96 . 440:38 05-12 USC TREAS 310 700.00 FED SALARY 051200 206363463000056 05-12 CHECK 112 00702202930 81.48 1 058.90 05-15 CHECK 111 01216301020 244 19 , 814 71 05-17 ENDING.BALANCE . .. , 814.71 ' CHECK SUMMARY * INDICATES SKIP IN CHECK NUMBERS CHECK NO AMOUNT CHECK NO AMOUNT 93 94 9,856.50 102 2204 2,176.00 103 47.70 95 96 12.00 104 76.96 97 137.40 525.00 105 106 75.70 95 40 98 101* 1,000.00 130 00 107 109* . 500.00 i • 625.00 i DIRECT FULTON BANK PLAINTIFF'S EXHIBIT "S" MemhcrF.D.r.C. INQUIRIES TO: PO BOX 4887 ____._--LANCASTER_PA 174nh-hao? ••• reei? Rdton Bank People dedicated to your success.` STATEMENT OF ACCOUNTS 3621-85907 X STATEMENT PERIOD FROM THROUGH 5-18-00 6-16-00 0 IndIInJII?niullullJJnl?nlJnllnddddl?inllnl PAGE 1OF 2 ARLENE E BYERS 150 BYERS RD CARLISLE PA 17013-9747 18 ENCLOSURES 0 REGULAR CHECKING ACCOUNT: 3621-85907 PREVIOUS DEPOSITS/ CHECKS/ SERVICE STATEMENT BALANCE CREDITS 4 DEBITS 19 FEES 814.71 6,791.26 5,242.76 .00 DATE ACTIVITY DESCRIPTION REFERENCE 05-18 BEGINNING BALANCE 05-19 HIRE TRANSFER-IN 90015000109 05-19 'HIRE TRF-IN FEE 05-19 CHECK 113 01307105650 05-22 CHECK 120 02430509260 0 2 HEC 1 5- 3 C K 1 8 00705405660 05-23 CHECK 122 01108200230 05-23 CHECK 124 01007306740 05-24 CHECK 115 00705101010 05-24 CHECK 116 01309405600 05-24 CHECK 126 00701809660 05-25 CHECK 121 01208500490 05-25 CHECK 125 00703809170 05-25 CHECK 127 01207700020 05-26 USC TREAS Sin DEPOSITS/ CHECKS/ CREDITS DEBITS 4,616.26 10.00 45.00 1,000.00 100.00 68.32 500.00 317.00 66.91 65.00 257.43 1,486.65 35.00 700.00 12.00 ENDING ' BALANCE 2,363.21 BALANCE .1314.71 5,575.97 4,575.97 3,590.65; 3,201.31 1,667.66 05-26 05-30 CHECK CHECK 117 119 01306908640 01214103690 2.97 2,364.60 06-02 06-08 CHECK CHECK 128 00601003530 44.54 140.00 2,320.15,; 2;180.15 D6-09 USC TREAS 310 123 01105206830 114.60 2,065.55 ocn ......... -- -- 700.00 D6-09 CHECK 129 01104903850 36-14 DEPOSIT 02525201350 )6-16 CHECK 139 00702507180 )6-18 ENDING BALANCE CHECK SUMMARY * INDICATES SKIP IN CHECK NUMBERS CHECK NO 1 13 AMOUNT CHECK NO 114 45.00 100.00 1118 19 115 5 00 121 117 6 . 2.97 122 DIRECT FULTON BANK INQUIRIES TO: PO BOX 4887 LANCASTER PA 17604-4887 i 2;461.55•` j 2,363.21 i 2,363: i AMOUNT ; 68.32 44.54 i 1,000.00 1,486.65 500.00 I 575.00 879.00 98.34 I Member P.D.LC. www.luttonbank.con tonBank People dedicated to yoursuccess.W STATEMENT OF ACCOUNTS 3621-85907 X ' STATEMENT PERIOD ' FROM THROUGH 6-19-00 7-17-00 0 PAGE 1 of 3 ARLENE E BYERS 150 BYERS CARLISLE RD PA 17013-9747 31 ENCLOSURES 0 REGULAR CHECKING ACCOUNT: 3621-85907 PREVIOUS DEPOSITS/ CHECKS/ SERVICE ENDING ' STATEMENT BALANCE CREDITS 4 DEBITS 32 FEES BAL CE : . ' 2,363.21 6, 360.14 7,472.39 8.00 ... 1i242.-96.- DEPOSITS/ CHECKS/ " DATE ACTIVITY DESCRIPTION REFERENCE CREDITS DEBITS BALANCE; 06-19 BEGINNING BALANCE 2,363 2?': 06-19 CHECK 135 01269509820 410.90 06-19 CHECK 136 01211204540 187.00 06-19 CHECK 142 01211204970 162.00 06-19 CHECK 143 01209000620 30.74 1,572:57 . 06-20 CHECK 130 00702503660 36.00 06-20 CHECK 133 01107509020 454.74 06-20 CHECK 134 01107509030 74:20 06-20 CHECK 137 00703609030 70.94 06-20 06-20 CHECK CHECK 140 141 01309706860 01309705110 50.41 45.18 841.10 06-23 USC TREAS 3 10 700.00 FED SALARY 062300 06-23 20636346300 CHECK 0056 144 00601107720 140.00 1,401.10: ;s 06-27 CHECK 145 01107406720 1,000.00 401:10. 06-30 CHECK 146 00601008740 140.00 261.10 . 07-03 CHECK 147 02639605850 60.00 201.10 .` . 07-05 CHECK 131 00808604750 30.00 17110,.'.'.. _ 07-07 WIRE TRANSFER-IN 90015000083 4,000.00 07-07 USC TREAS 310 700.00 FED SALARY 070700 07-07 206363463000056 WIRE TRF-IN FEE 10.00 4,861:10 07-10 CHECK 148 00601705480 140.00 07-10 07-10 CHECK CHECK 149 152 00702105870 01210105760 81.88 58.30 4;580::92 07-11 CHECK 150 01214806120 37.85 07-11 07-11 CHECK CHECK 151 153 01214804110 00400708630 33.42 800.00 3,709:65;;; 07-13 DEPOSIT 02524007590 960.14 . 07-13 CHECK 154 01309308610 45.00 07-13 - CHECK 158 01004700460 165.00 95 847 611 84 3 07 13 CHECK 160 01104900880 . , 07-14 CHECK 159 00602101880 363.38 07-14 07-14 CHECK CHECK 164 166 01104909060 00803605180 1,000.00 140.00 2,106:46 . 07-17 SERVICE FEE 8.00 07-17 CHECK 155 01210907440 488.38 07-17 CHECK 156 00805601620 70.00 DIRECT FULTON BANK MemberF.D.1.C. INQUIRIES TO: PO BOX 4887 www.fullonbank,com LANCASTER PA 1760474887___- DEPOSITS/ CHECKS/. CREDITS DEBITS RdtonBank People dedicated to your success." STATEMENT OF ACCOUNTS fs - 3621-85907 % STATEMENT PERIOD FROM THROUGH 7-18-00 8-17-00 0 lurlllmlllrmullrrll?l,InImI?Inllurlrl?l?ll?mllnl PAGE 1 of 2 ARLENE E BYERS 150 BYERS RD CARLISLE PA 17013-9747 15 ENCLOSURES 0 REGULAR CHECKING ACCOUNT: 3621-85907 PREVIOUS DEPOSITS/ CHECKS/ SERVICE STATEMENT BALANCE CREDITS 5 DEBITS 15 FEES . 1,242.96 8,500.00 2,305.89 .00 DATE ACTIVITY DESCRIPTION REFERENCE 07-18 BEGINNING BALANCE. 07-18 CHECK 157 01314009790 07-18 CHECK 165 01314006950 07-19 CHECK 161 00704203990 D7-21 USC TREAS 310 00077900000 FED SALARY 072100 206363463000056 D7-21 CHECK 167 00500503050 07-24 CHECK 168 01211501450 D7-27 CHECK' 171 01410209420 D7-28 CHECK 169 00600908440 D7-31 DEPOSIT 02938703580 08-02 DEPOSIT 02426904790 08-04 USC TREAS.310 00077900000 08-04 CHECK . 172 00803808390 14.00 DB-04 CHECK 173 00703405100 140.00 D8-07 CHECK 174 01214902680 257.39 08-14 DEPOSIT 02938101230 4,000.00 08-15 CHECK 184 02427305480 821.55 08-16 CHECK 177 00803903470 35.00 08-17 CHECK 181 00602006340 36.00 08-17 CHECK 182 00602501720 85.00 08-17 CHECK 185 01207307780 146.00 08-17 ENDING BALANCE CHECK SUMMARY * INDICATES SKIP IN CHECK NUMBERS CHECK NO AMOUNT CHECK NO 157 22.04 173 161* 235.13 174 37.08 177* 167* 1 * 168 75.70 182 171 140.00 184* * 10 185 172 14.00 DIRECT INQUIRIES TO: 22.04 37.08 235.13 700.00 ENDING BALANCE. 7,437.07 BALANCE 1,242.96 1,183.64 948.71' 161.00 1,487:71 75.70 1,412.01 100:00 1,312.01 140.00 1,172:01 2,000.00 3,172.01. 1,100.00 4,272.01 700.00 4,818.01- 4,560.62. '• 8,560.62. 7,739.07 7,704.07 7,437.0 7 7,437.07 AMOUNT 140.00 257.39 35.00 36.00 85.00 821.55 146.00 Member F.D.I.C. www.luttanbank.carr ? _..-•-• - - .105 012 27498 Y RdtonBank People dedicated to your success." STATEMENT OF ACCOUNTS 3" ' -- -- 3621-85907 ?j'.. STATEMENT PERIOD FROM THROUGH k 10-18-00 11-19-00 0 ARLENE E BYERS PAGE 1 OF 3 150 CARLISLES PA D17013-9747 24 ENCLOSURES 0 REGULAR CHECKING NO SAFEKEEPING ACCOUNT: 3621-85907 PREVIOUS DEPOSITS/ CHECKS STATEMENT BALANCE CREDITS 3 DEBITS / 24 SER VIE E ENDING 366 2, .59 4,900.00 S FE 5,561.30 00 BALANCE 1 1 ;705.29 DATE ACTIVITY DESCR IPTION REFERENCE DEPOSITS/ CHECKS/ CREDITS 10-18 BEGINNING BALANCE DEBITS BALANCE 10-18 10-19 CHECK CHECK 242 244 01307105960 45.00 2>366.59 2 3 10-20 CHECK 239 01307808810 01307504230 54.73 , 21.59 266 86 2 10-23 10-24 CHECK CHECK 241 245 01211502870 42.56 257.39 . , 2,224.30 10-24 CHECK 247 01523503610 01315101670 807'97 1,966:91 10724 10-26 CHECK CHECK 249 246 01313809030 00602405900 51.00 30.00 1 077.94 10-27 USC TREAS 310 FED SALARY 102700 . 00077900000 82.06 700.00 , 995.88 206363463000056 10-27 10-27 CHECK CHECK 250 251 01310209080 0 48.41 10-27 CHECK 252 0601007910 01918707010 140.00 10-30 11-03 CHECK CHECK 248 01114106220 100.00 30 00 1,407.47 11-03 CHECK 254 255 01309107920 00904705580 . 435.00 1,377:47 11-03 11-08 CHECK DEPOSIT .256 00601107940 25.00 140 00 11-OB CHECK 243 02426400400 00400508200 . 3,500.00 777.47 11-09 11-10 CHECK :USC TREAS 310 257 000779 000 250.00 50 28 4,027.47 FED SALARY 1110 00 00 . 700.00 3 ,977.19 206363463000056 11-16 11-16 CHECK CHECK 258 00600804490 27 00 4,677.19 11-16 CHECK 259 267 01306904460 01004400350 . 153.00 11-17 11-17 CHECK CHECK 253 01305105250 1;000.00 3 00 3,497.19 I 11-17 CHECK 261 266 . 01305609780 00601107930 . 8'90 11-17 I11-19 CHECK ENDING BALANCE 268 01104707140 280'00 1,500.00 1,705.29 ` 1,705.29 i * CHECK INDICATES SKIP SUMMARY IN CHECK NUMBERS CHECK NO 239 AMOUNT 42 56 CHECK NO AMOUNT . 241* 39 DIRECT FULTON BANK INQUIRIES TO: PO BOX 4887 .....,.LANCASTER PA. 17604=488.7._•___ X Nfem1wr r•.D.I.C. www.lullonbark.Con -- __105.7_, 0012 .., 11687 Fulton ? 04 People dedicated to your success.- STATEMENT OF ACCOUNTS 3621-85907 STATEMENT PERIOD FROM THROUGH 11-20-00 12-18-00 ARLENE E BYERS PAGE 1 OF 3 150 BYERS RD CARLISLE PA 17013-9747 19 ENCLOSURES Y ... X 0 0 EGULAR CHECKING NO SAFEKEEPING ACCOUNT: 3621-85907 PREVIOUS DEPOSITS/, CHECKS/ TATEMENT BALANCE CREDITS 3 DEBITS 19 SERVICE ENDING 1,705.29 4,400.00 3 877 14 FEES BALANCE , . .00 2,228.15 ATE ACTIVITY DESCRI PTION REFERENCE DEPOSITS/ CHECKS/ CREDITS DEBITS BALANCE 11-20 BEGINNING BALANCE 11-20 11-20 CHECK- CHECK 260 263 00703105720 95 39 1,705.29 11-21 CHECK 262 00805205610 01308902820 . 70.00 1 539.90 11-22 11-24 CHECK USC TREAS 310 269 00703009340 70.00 185:00 , 1,469.90 FED SALARY 112400 00077900000 700.00 1,284.90 206363463000056 11-27 11-27 CHECK CHECK 265 270 01110801360 0 41.83 1,984.90 12-04 CHECK 271 1110502290 02835708750 257.39 1,685.68 12-04 12-08 CHECK DEPOSIT 272 01620608820 989.75 100 00 12-08 USC TREAS 310 02221603630 00077900000 3,000.00 . 595.93 FED SALARY 120800 700.00 206363463000056 12-08 12-12 CHECK CHECK 273 274 00601006510 01312202820 140.00 4 155 ,.93 12-13 12-14 CHECK CHECK 279 281 00702101830 00703400150 72.00 '185.00 4,083:93 3 898.93. 12-15 12-15 CHECK CHECK 275 00702901690 35.00 93 64 , 3,863.93 12-18 12-18 CHECK CHECK 277 276 00702503110 01208006400 . 78.73 3,691.56 12-18 CHECK 278 283 00905307480 01210902250 48.41 25.00 12-18 12-16 CHECK CHECK 284 285 00905601140 0 12.00 628 00 12-18 ENDING BALANCE 1006108860 . 750.00 2,228.15 2,228.15 * CHECK SUMMARY.. INDICATES SKIP IN.CHECK NUMBERS CHECK NO 260 AMOUNT 95 99 CHECK NO AMOUNT 262* 263 70.00 271 272 989.75 265* 70.00 41 83 273 100.00 140.00 269* 270 . 185.00 2275 74 72.00 257.39 276 93.64 48.41 DIRECT FULTON BANK INQUIRIES TO: PO BOX 4887 AdcntlrrP. -------LANCASTER-.PA-17604-4887 .- _ www•IullonbTnk.can People dedicated to your success.` STATEMENT OF ACCOUNTS 3621-85907 X r? STATEMENT PERIOD FROM THROUGH 12-19-00 1-17-01 0 PAGE 1 OF 3 ARLENE E BYERS 150 BYERS RD CARLISLE PA 17013-9747 20 ENCLOSURES 0 i 1REGULAR CHECKING NO SAFEKEEPING ACCOUNT: 3621-85907 PREVIOUS DEPOSITS/ CHECKS/ SERVICE ENDING STATEMENT BALANCE CREDITS 3 DEBITS 20 FEES BALANCE 2,228.15 3,400.00 4,139.15 .00 1,489.00 ;DATE ACTIVITY DESCRIPTION REFERENCE ;12-19 BEGINNING BALANCE 12-19 CHECK 286 01308600190 12-20 CHECK 280 01309604110 12-22 USC TREAS 310 00077900000 FED SALARY 122200 206363463000056 12-26 CHECK 287 01210201740 12-26 CHECK 290 00600904000 '12-27 CHECK 291 01309503300 :12-28 CHECK 292 00701409700 01-02 CHECK 289 01110204270 f01-02 CHECK 298 02126005790 01-03 CHECK 282 01313401580 •01-03 CHECK 297 00705201560 ?01-03 CHECK 299 01417004620 101-04 CHECK 293 01308008330 ;01-04 CHECK 295 01311008750 ;01-05 DEPOSIT 02321003030 :01-05 FED SALARY 1 00077900000 01-05 01-08 01-08 01-10 01-10 01-16 01-17 01-17 300 00601106920 294 00702902510 296 01309002840 303 00703704440 304 01307106100 301 01006309490 305 01108307940 50.00 140.00 33.42 88.22 75.00 750.00 42.45 185.00 100.00 2.97 48.41 140.00 74.64 257.39 90.17 15.00 1,736.00 23.09 CHECK SUMMARY I * INDICATES SKIP IN CHECK NUMBERS CHECK NO AMOUNT CHECK NO 280 257.39 290 i 282* 42.45 291 t 266* 30.00 292 287 50.00 293 289* 75.00 294 DIRECT FULTON BANK INQUIRIES TO: PO BOX 4887 LANCASTER PA 17604-4887 nnn 'h' AYhr - DEPOSITS/ CHECKS/ CREDITS DEBITS 700.00 30.00 257.39 2,000.00 700.00 BALANCE' 2,228.15 2,198.15 1,940.76 2,640.76 2,450.76 2,417.34 2,329.12 1,504.12 1,176.67 1,125.29 3,685.29 3,353.26 3,248.09. 1;512.09 1;48900 1;489.00 AMOUNT 140.00 33:42 88.22 2.97 74.64 Nleodti•r P.D.I.C. www_lullonbank.co) A" REGULAR 80. GROSS EARNINGS 4,446.40 4,446.40 13,186.40 13,186.40 PAY PERIOD DEDUCTIONS CSRS RETIREMENT MED TAX THRIFT PLAN PERCENT = .0500 G100% F000$ 0000$ FEDERAL TAX MS-S EXEMPT-03 EXTRA-0000 STATE TAX PA MS-S EXEMPT-04 EXTRA-000 LOCAL TAX HARRISBURG MS-S NON-RESIDENT EXEMPT-00 EXTRA-000 OCC TAX HARRISBURG DEDUCTIONS 311.25 61.35 222.32 908.36 118.46 44.46 80.91 HEALTH INSURANCE PLAN 105 PRE-TAX CARRIER BLUE CROSS AND BLUE SHIELD GOV/T LIFE INS. PLAN BASIC FLEX PLAN-MEDICAL PRE-TAX SAVINGS ALLOTMENTS 91 700 #2 0 NET PAY CUMULATIVE RETIREMENT DEDUCTIONS 18.29 134.62 700.00 1,846.38 THESE FIGURES REFLECT YOUR TOTAL CUMULATIVE TSP WI ONLY AND DO NOT REFLECT TSP BALANCES AT THE NATION CUMULATIVE THRIFT EMPLOYEE DEDUCTION YTD DEDUCTIONS 940.23 182.04 659.32 2,694.94 351.50 131.86 10.00 228.60 54.25 403.86 2,100.00 89,282.15 THIS AGENCY FINANCE CENTER 37,314.04 MESSAGES : THIS EARNING STATEMENT IS BEING PROVIDED TO YOU FOR UR RECORD. PLEASE REVIEW ALL INFORMATION CAREFULLY & NOTIFY THE UMAN RESOURCES DIVISION IN THE AO OF ANY DISCREPANCY. FAILURE TO NO IFY THE AO MAY OBLIGATE YOU TO REPAY ANY SALARY OVERPAYMENT THA RESULTS. THE DEPARTMENT OF THE TREASURY HAS REQUSTED THAT THE MESSAGE APPEAR ON YOUR EARNINGS STATEMENT: DIRECT DEPOSIT IS FASTER AND SAFER THAN A CHECK, AND WITH E-FILE, YOU WILL GET YOUR FEDERAL INCOME TAX RE THAN HALF THE TIME. ING N COMBINATION ND IN LESS PLAINTIFF'S EXHBIT "T" 004 ? CO YI,Ot YuN1[, Y ? 1 • DNS .0 $.1.0008 Atli," m, 03-PAM-WOO 405 53-019s la70811 1 F F 53-01 I Wats,Ilrs, OTRIA caNrb...10. [ riot,,, Ixco N[ I., VIINxNtlo C txn OfA•s ..%[. .ooxus, ue It, cool 98 377.88 18 708.88 1 SOCIAL sUUxns na[s . SOCIAL SICU,nY 11. vnxxuo UNITED STATES '00 .00 FEDERAL COURTS S Ntalt.,[ xACts An it's 1 N,,,c .. 1,. v11xxI1O WASHINGTON, DC 20544 103 751.72 12504 , 40 [ SOCIAL SICYAt1Y lips t AtlocAlto tips o •s seaAL 1tca,nr Yo. 33 20608- 3 [ .av.YC[ tic r,rxm Io 0111YOIYI cut u,utts [ VE E's A.C. [•s Y.00,[1 1, uo nr co o[ . 00 .00 RLEN ARLENE BYERS 11 Yo Yau,urtfa rL11S II rtxu ns nnuem IY Los 1 180 BYERS ROAD 11 " OINrA CARLISLE PA 17013 D 5370.92 HB 82.32 CFC .00 FSA 3.689.50 1 [?riOrti ? riu C7 O m1 + S,f r' cOxru Sulu $ st,If [M 1LOVf.•s SEAT[ 10 YO 11 suit xAGE$. tic. II stn[ l.foxt 14. 11 IOC,Ll1Y ,.N[ f}0 C3 20 tacit WAOts, tic. [I tO[,I t.[o.c 1., A _ _ _ _ _530197 081__ _1031748.90 _ _ _ _ 22804 92 HARRISORG 107,418.40 1 074.2_4 .00 .00 .00 .00 W-2 WAGE AND TA% STATEMENT •' ++ Y _. ncor nc .,.? ..,?.-. ..... __._____ I LoOD I --"' " .- CICIYNL KtvtNUE SERVICE COPY C FOR EMPLOYEES RECORDS I-_ 1 LIMITED TIME OFFER. 6-MONTH CERTIFICATE 7.01% APY. TAKE ADVANTAGE OF THIS SPECIAL RATE WHILE IT LASTSI Joint Owners ARLENE E BYERS 150 BYERS ROAD CARLISLE PA 17013 FINANCE CHARGE 0801 PREVIOUS BALANCE S1-PRIMARY ORES 291 6 0804 PAYROLL DEDUCTION 033 84 8 1134 6 USC TREAS 310 /FED SALAR 3134 6 0811 PAYROLL DEPOSIT 1100760000 200 0 SNPB FSA PMT ' 0 3134 10 0814 TRANSFER 2760 1 0814 TRANSFER -37 5 0812 It ATM W/D TR70887527 -10 0 2659 1 3 EAST FIRST Bi BOILING SPRINPA 2259 51 0816 ATM W/D TR71463699 -40 0 3RD A WALNUT ST HARRISBURG PA 3102 31 0818 PAYROLL DEDUCTION 033 84 8 USC TREAS 310 /FED SALAR 2802 31 0823 ATM W/D TR71466370 -30 0 3110 It WALNUT ST HARRISBURG PA 2807 6 0831 DIVIDEND 1 ANNUAL PERCENTAGE RATE: 2.75 ANNUAL PERCENTAGE YIELD: 2.78 0831 NEW BALANCE DIVIDEND IS CALCULATED 2807 6 USING A DAILY BALANCE METHOD. 0801 PREVIOUS BALANCE S3-MONEY MARKET 1776 31 0804 PAYROLL DEDUCTION 033 36 7 2142 6 USC TREAS 310 /FED SALAR 9l _ 2838 9 0818 PAYROLL DEDUCTION 033 691 USC TREAS 310 /FED SALAR 66; 31 3501 57 0828 PAYMENT 3908 58 0831 DIVIDEND 2 ANNUAL PERCENTAGE RATE: 3.93 ANNUAL PERCENTAGE YIELD: 4.00 0831 NEW BALANCE DIVIDEND IS CALCULATED 3508 B USING A DAILY BALANCE METHOD. 0801 PREVIOUS BALANCE S9-VACATION CLUB 4 0814 TRANSFER - 0 0 0831 NEW BALANCE 0 **CONTINUED** TOTAL DIVIDEND YEAR-TO-DATE TOTAL FINANCE CHARGE YEAR•TODATI for all ravings except IRA savings. for all loans. Dividends shown, if over $10, will be reported to the Internal Revenue Service for this NOTICE: See reverse side for Important information. ulindar year. PLAINTIFF'S EXHIBIT "U" -INDICATES EFFECTIVE DATE 0103696 NEW CUMBERLAND FEDERAL CREDIT UNION P.U. BOX 658 e NEW CLINIBERL.\ND, PA 17070 (717) 774-7706 - 1 19001 "16-2329 b l HI t1e11:W 1 Ut- AUUUU141 Joint Owners ARLENE E BYERS FINANCE CHARGE 0801 0804 0818 0831 0801 0804 0814 0801 0831 0831 0801 0831 0831 0801 0831 0831 0801 0831 0831 0801 PREVIOUS BALANCE Id CERTIFICATE SECU PAYROLL DEDUCTION 033 -24 7' 8 PAYROLL DEDUCTION 033 -24 3 8 NEW BALANCE-PERIODIC RATE.018082% >> ANNUAL PERCENTAGE RATE 6.600% << PAYROLL 0 033 -32 0 TRANSFER -37 7 NEW BA E-PERIODIC RATE.021 >> NUAL PERCENTAGE RATE 7.990%'<< PREVIOUS BALANCE CERTIFICATE j CERTIFICATE EARNINGS 29.68 ANNUAL PERCENTAGE RATE: 6.310 ANNUAL PERCENTAGE YIELD: 6.50 NEW BALANCE (MATURES 07200136.310% PREVIOUS BALANCE CERTIFICATE CERTIFICATE EARNINGS 29.68 ANNUAL PERCENTAGE RATE: 6.310 ANNUAL PERCENTAGE YIELD: 6.50 NEW BALANCE (MATURES 072001)6.310% PREVIOUS BALANCE CERTIFICATE 3 CERTIFICATE EARNINGS 29.68 ANNUAL PERCENTAGE RATE: 6.310 ANNUAL PERCENTAGE YIELD: 6.50 NEW BALANCE (MATURES 072001)6.310% PREVIOUS BALANCE CERTIFICATE A CERTIFICATE EARNINGS 25.49 ANNUAL PERCENTAGE RATE: 5.370 ANNUAL PERCENTAGE YIELD: 5.50 NEW BALANCE (MATURES 072001)5.370% PREVIOUS BALANCE CERTIFICATE 3 **CONTINUED** 0 2 LIMITED TIME OFFER. 6-MONTH CERTIFICATE 7.01% APY. TAKE ADVANTAGE OF THIS SPECIAL RATE WHILE IT LASTS! 2 2 296 2 TOTAL DIVIDEND YEAR-TO-DATE TOTAL FINANCE CHARGE YEAR-TOW?TI for all savings except IRA savings. for all loons. Dividends shown, if over $10, will be reported to the internal Revenue Service for this NOTICE: See reverse side for important Information. calendar year. 'INDICATES EFFECTIVE DATE 06-36-3463 tTEMENT PERIOD 35528 1 35281 9 35034 4 35034 4 701 0 372 7 0 0 553814 556772 5567 21. 5538041 5567 21 I 5567 2, 5538 4 5567 2 5567 2I 5587 4 5613, 3 5613Kf3 0103697 NEW CUMBERLAND FEDERAL CREDIT UNION P.O. 13OX 658 a NEW CUMBERLAND. 1':\ 17070 (717) 774-7706 a 1 (8001 "16.2328 W LIMITED TIME OFFER. 6-MONTH CERTIFICATE 7.01% APY. TAKE ADVANTAGE OF THIS SPECIAL RATE WHILE IT LASTS! Joint Owners ARLENE E BYERS 0831 2 4' I CERTIFICATE EARNINGS 25.49 ANNUAL PERCENTAGE RATE: 5.370 ANNUAL PERCENTAGE YIELD: 5.50 370% 072001)5 0831; . NEW BALANCE (MATURES 0801 PREVIOUS BALANCE -C RTI? FICATE A 2 4 0831 CERTIFICATE EARNINGS 25.49 370 RATE: 5 . ANNUAL PERCENTAGE ANNUAL PERCENTAGE YIELD: 5.50 072001)5.370% 0831 NEW BALANCE (MATURES 1 pRFVIOUS BALANCE CERTI? _FICATE Z 2 I 0801 0831 ; CERTIFICATE EARNINGS 26.65 ANNUAL PERCENTAGE RATE: 5.600 ANNUAL PERCENTAGE YIELD: 5.75 600% 012001)5 0831 i . NEW BALANCE (MATURES i I I I I I I TOTAL DIVIDEND YEAR-TO-DATE for all ravings except IRA uvings. Dividends shown, if war $10, will be reported to the Internal Revenue service for this "lender veer. -INDICATES EFFECTIVE DATE 1392.21 ITOTAL FINANCE CHARGE NOTICE: See reverse side for important information. FINANCE CHARGE for all loans. 2 ?Ob - r. P EZ MENRIOD T To r. . 5613 3 ' i 5613 3 i 5587 4 5613 3 5613 3 j° 5602 5 j 5628 0 F 562 1456.01 0103696 NEN1' CUMBERLAND FEDERAL CREDI I ulvavt. I!U. BOX 659 e NE\V CUMBERLAND. P:\ 11070 1717) ", 4.7706 - 1 180017,16-231-8 04 Arlene Byers 150 Byers [toad Carlisle, PA 17013 (717)-243-5768 I Ionic (717)-901-2S16 Work Galen C. Byers 1441 Cockicy's Meadow Drive Boiling Springs, PA 17007 Dear Galen: L: August 23, 2000 As you requested in person in our home on Monday, August 21, 2000, 1 am enclosing a copy of the payment schedule of the mortgage on the Hickory Apartments. Payments totalling S20,082.60 have been made to the Lammerec's since your abandonment on March 1, 1999. At the present time the balance due on this property is S63,819.50. Sincerely, Enc. PLAINTIFF'S EXHIBIT "V" t I II I'I. !? •I is il:i is II 'f•.?G•1I /:1'0 , /Y U'i?il:i ?: . I r. r'. '' 1 •.t ?, ?1 • 711 '1 .? L-5 ....1 -;RS.' . .^7.05"':'701 i-.•j11.91- •In 1.•1'?''? ' t1 7ff 126. i;'•; '?:;.y. 1. 9t;.19g. 00 "27.?R S•4-S' 1•a .1/19?5 !!15.70 ' -„ -..; t. 97 . . ?6106.n3'a7f /. 11 111.... TJlj •'ll `i'? 911 95"] 7.1^ ;79Yh? ?7 Ys. 1 ?5 1 9 6.• 15.;19 -1 :397. J 7 :13.?_r3 1,{'7i•?' :I1- `/75 q. w, l q : _ 15.7n 'I4. 4107. . °-19-1912.•{1 O8 - - 1? .Ir 0"1997) •?: ry ?r I It 19.711 ' 711. .•1 1117 6 -.:- 13 G aBp-?S .4, 1.°. !1711. 55 . .17 . I . in,I?u ll 111:J. . 0 7 ^•al 89 941 1.6h r 'JY.Y 4:: Ji ;115.70 f ' 7115.71-. Intl. ,4 - a;qp ;.: 1. c:.?17S27;yl..yY 't't l2: 199'i n i15.: 7n> , • i 1::.41 932^78.71-.3Ptd /19 YS"" S'- 1 119. 711 r.?9. 59 . 4 1 6.. t 1 9?_862. 60 -)3y i/-,17- 9J 1995 l'ntdll°_ 7:_::3.'111 7:194.°2 4793 '8 Punt k:= 110' 1.-ar ?al?rllPnt 1n1Cre t. Prtncipa I Balance 511 1, 1 /) 996 11 15. 70 696. 47 4 19..23 9 ^ ? •; 44 T -J. : 7 Jr -_t"?T/ -/• j--y 1 ?1 - 2%1996 - ' 1115.70 693.33 422.37 _ 92021.003/O/ -/- .1 •" rs :.•i: 53 :I/I9 ] ! 1-% t• '4/ 1996 1.115..'x1 1 1 l5. 7 0 69 0.16 696.97 -125.54 :728 73 91595.463/3/ d?' 9G• 91166 7 : J r4 ? .•1996 ! 115 70 683 75 . 9 0 . -?7, J/ - - . 55 r 1996 . 1115 70 . 690 51 31 5 4 9073.t.793/P7- e2/ ?? ' sr • . . ,117. 19 9029 ?. 59 3? ?- s ??'- ?G . . ,/ 7/ 1996 1115.70 677.25 4:_ 1-11 . •15 • 89861. 14 3?SyG ,P- 57 qr. / 9/1996 r ' '" 1115.70 673. 96 it41.7•i . :?'8419.40^ ]U q v •1 1 1 1 ' 5. 0 670. G •4417.175 9897.1. to,, 1996 1115.70 1 ,r>r.?1 849_39 ?? 8:352,.. 3 1311 i, t l: 1996 l 11.5. 711 r,s13. 94 451 .76 038074.2033 61 /il2%1996• 1115.70 660.56 455 1.4 :376,19 05 iyf -//- . . ? I(r 19'?6 Tnk;31 s 13'380'•.40 8144.86 50:43.54 put" t:- 11(,/Year, Payment Interest Principal Ralance 1115.74 1.57.14 •158.5x;. 07160.5Q55!f7_/'•)7- 9( 63 v 2/1997 1115.70 653.70 462.00 8,599.50, vS:I- ? 6•I 1/ 3/199-f 1115.70 650.24 465. 4F 86233.04?yf//--' 7(r-y7 65 1- -1/1997 1115.70 646. 75 469.95 85764. U9,g5o / - 3 a s/ y t!?97 - 1115.711 6•1:3 . 2:3 47;_.47 85291.6215' 67 x-/ 6/1997 1115.70 63?. 69 476. 41 `34915. r sP7- b ?p,••nJ7 !'^•'• v •'.l i'?7 11 IS. 7 0 636. 12 479.5 ?: 342,_^6. 6 , .- :3/1997 1115.70 6?2.522 • 4133. 1*3 "352.:5^?_( J 9.'t 97 tIIS.7r1 1 520. 9 .. ( .0 481 '.. .^,33F-6. 36.fi 87- '1 /•_ 1(n? 1?q7 1 ' - 1115.70 ' +P5.25 ' ' ac,n.45 028756n'-SG/-5-.l7 i7 1: 4A • 11 171:7. 621.71 ; 41? •t. 1 82391.47.7" ' 73 - 12•':99x- 1115.1-0 617.:36 :497.84 $1383.63:77.?9 // ?,V•s 7 1?97 Totals 12399.4n 7652.97 57.35.43 Pglh t:: Mo/Yr. ar• 1 1 ! pa IImeftI. i to to rest Pr•t nci pal __ Balance ' " 99; 11 5. 71) 614.1 541 . ?7 !3• /9-pi 9. 3135.:. ob 3 y 75 2/1998 1115.°0 x;14.37 505.°9 80876-73 ?relel-oiaG 71: 1998 1115.74 6413. 509.1?. :? -:) 'x 80367.61 .•'•?6, 6 . t-X4/1.?98 1115.70 602. 76 5122.94 . 79,{',54.67 .`c 62 6 - -A 7- ? :r; ?... /19?t'• 1115.70 591_: ? 1 516.79 o 79.,37.83.39•?- US/•aCrSF 79 "_-6,1999 1.115.70 595. 113 520.67 788 - 1;(1 / _ ?c 111'7.70 5n;. i _ 524. 57 •L1C•-.?7-f'A 73292.64 %>i?'35 8l t% 8/1998 1115.70 5'{7. 19 52 .51 7:'x64.13 41ek' - L• 9•/199:3 I -r, 1115. , ? 58;7. ._' 5••3 _, c':. •47 77231.66 ??02 - 09-0 133 '10/1998 1115.70 517 9.24 536.46 76695.20 9/43,%-eq..)G- y'P .t V 1 I/19•'0 1115.70 575.21 5•t 17. •49 76154.714//Si'-/e 85 V' 12/1999 1115.70 571. 16 5-14. 54 75610.17 19'?3 Totals 133?9.40 7114.94 6273.46 J •r: r_,u.1•?•):, 111. •.n =.,?', rlc: !iJ:i. c?: L"•° '.j' /.J'.a?'a?>• ' ' °' ,r_?t??? +.1 !'. n 35 :. ?S- 552.-•4 ?w t// +'"C19 :3 15' 17 %A(•?, 6/' ??:?,I•:,9c: 11I°1-1'i' S° .... ,5r .._ . '3951•?3/' • . .) 0:1•]7-S /r v 97• •.I _ q;1c,00 1.115.70 .114 •?-'a4. 'fr 1.? 1115. 5`;!i.• • .. 6....... 12E27.G0 1- . 11 .1°. I .r 1 c :l •lE.. I . r.?: 9 .. 5l -••-. ter- I Is ??. 119 '.. .I'.19_, ?; I IL'_i..'P '?•11.'d'c: 57;).7.1 71(.E'2.31 1799 t t I5.-'1) 97,-1 r'.- ` .7 •^.. 0': 71111.t •,.: i/'1 •139.1 111:7.7(' - ':.c:%: . S^r'.•li' , 70521.^1 - G q 1,` - r 5 I/ I0."19'd? 1115. 1'll '}t, •?1 t:?6.1•? r1'-r?7tJ. II? _ 1)7 7? _ r, Y,' (.5. '!I .?'•1. `i! 'ill. lq 6 q 0 7.? 3 76 - 9? ` /[+ - C-, 1 2., 199? 11 t.;. 70 c0, U8 ?7. i:'2 _;$ 1y. r 1 .. 190? '1' ;1 kn l : 13388. I) 7526.44 .I361. ?6 rynlr:: tfo '/ear P?goiienIt Interest F•rinci.pal P.al?nce 1/2000 1115. 7!1 515.61 600. n:? 6-.8t.m. 12 - ?9 2/2 000 t 115. 31 t . I 1 604. 59 677,1,,^•.. 53 - ^ /-.!7 :Y11n c: ( 011 1i' :3:('! 0110 I 115. 7+) 506.5P. 609. 12 66934. - ?•. ' >c ?. 1x11 4;2000 1115.70 T, 02. 111 i>IP. 69 6!'•320.72 - i 42 .. 5: 1'_0011 1 1.15. 70 •197. •11 I_:: 1?, ;_'9 557 2. 4^ i .?_ ,?,1"- .'j,-r . 103 t.- 6.,2400 1115.70 ,19^c. 77 6x..2.93 6,507?. 50- . -?orr vg- IF 1114 1- .- 712999 1115. 7P '183..1it 627. x,11 .,_,.1451.90 - t'G - ? J - 2e? e! 10,5 ?3.,2000 1115.70 4:3.39 E'^2.:,1 , (;3@1?. 59. 3*7-:z9- u?zrTl _ IIY'. ?+21)0(1 111 ).715 47!?. 65 6^7.05 6111-2. 54 107 1 0'2000 1115.-0 178•. •^•7 :.1 t . 0]1 62. 4 n. 71 1 I':: 1 1.•2004 1115. 711 469. 0!i. 61394. 07 109 1.2/200n 1115. 7(1 464.21 551.,19 E.!242.9; 20110 rotals I3i%33.41) 5•%42.77 7505.63 Fyr•, t!: rIn!'iear P.) 11 It Tto ter'eat Frtncipal Balance (III t..21101 111).-!: -199. ?'2 656.39 6Q5$6.20 ll! 2.'2001 IIP3.TO 454.,;9 661.30 59?;4,90 _ 11.. C''/20111 111.:1.70 449.4•: 66c;.26 59258.64 113 4!2001 1115.70 444.44 6x71.26 58557.33; 11.1 S%2001. 1115.7!1 1:;?.•+1, r„;.°? X7911.00 115 612401 1115.70 4311.32, 691.;17 57229. '72 11'+ ?_041 1115.79 4c^.9.22 686.•18 56543.24 117 :?•2001 1115.70 '124,..07 6?1.,63 55351..61 11 _' ?nUt 1115.'9 413.39 696.3t 55154.80 t l'? ! n: 2901 11 7..70 11.5.66 711?. 04 X4452 -6 1"!1 IV200! /lift. 70 ,10':'.4 f1 '0;.;'11 53145.46 321 12:2001 1.135.70 493.11! 71.2.61 5^•.,132.35 2911 rnt.1 c +^'323.40 178.67 :320?.73 1=Vro t:: 110-Year P. nGlent 1, i to o_1_ n r_= Pn incipal Balance 1:-"r' !: i?110r 1115.79 397. TS 71'.'.?5 5P31. 4. 90 123 2'2002 1115.70 ^?2 0 G 723.04 5115?1.5. 1'•I ?'2001? 1115.711 38(1.94 728.76 50662.80 125 4.,2002 1115. 70 3:31 .47 734.2:3 5111^c3. 57 ., 121. 3'/2n(!a 1115.79 ?77P. 96 -39.7.1 492F8.81 1227 6/2002 1115.79 :70.42 748.23 48643.55 1(U: 7 •20K 1115.7 rf 36.1.:3:3 -50. P.7 47392.68 12? 3/200.7 1.115.10 20 50 47136.13 130 912002 1115. 7 C, 35:1.5211 71:1.. t•^.• 46374. 44 131 10/2002 1115.70 347.80 767.?0 45606.10 1?2 11/2002 111!1.70 3.12. 05 773.65 44832.45 133 12!2002 1115.70 ?36.24 779.46 44052.99 2002 Totals 13389.40 4408.54 2979.8x:• / „M" ,LISIHXR S,d3I,LNIV'Id T fl i u u u d 'i d O y o M 1 O O NI O 1 eq co o 1 ? %a O% p O M u 1 H M ? 1 N I h I `O ti? * r o N O N u 9 6 44 a d FL nO n co ? 00 %00 rl M v O ? ,/1 n O? WK Ifs IT N GO M .r 1 'p N p 1 4 O O O O V ? O . O O U D O O CO O N Ln f O O + I m q 0 o o a o 0 0 J O O L J o o M M 00 cn M OD 1 N N 1 1 cn ® Y N ON N co m H O O N a p M b d v O O O N ?O O\ N N d M u H O R O H a 1-4 ro a a u M O h N H O m N N N p u X W q r ro a u r W O 1J p N 6 N U ro Y N w ` J 10 THRIFT SAVINGS PLAN TSP-31-B dd CONFIRMATION OF INTERFUND TRANSFER The interlund transfer you requested an Form TSP-30, Interfund Transfer Request, has been completed. If you have any questions, please contact: National Finance Center Thrift Savings Plan Service Office P.O. Box 61500 New Orleans, LA 70161-1500 1504) 255-6000 TOO: (504) 255-5113 The TSP Web site or the ThrdllLine is [lie most efficient way to request an interlund transfer. Enclosed is information that explains how to use Ilia TSP Web site and Ilia ThriltLine to request an interlund transfer. INFORMATION Namo: ARLENE BYERS Date of Request: 01/03/01 ABOUT YOUR Social Security Number: 206-36-3463 Data Request Received: O1/OB/O1 REQUEST Effective Dale of Transfer: 01/31/01 Allocation You Requested: G FUND: 50% F FUND: O% C FUND: 50% If. EFFECT OF THE G F C FUND FUND FUND Total INTERFUND Account Balance TRANSFER Before the Transfer Employee Agency Automatic 0%) Matchm9 Total Percent $0.00 SO.00 $0.00 $0.00 O% $0.00 $0.00 $0.00 $0.00 0% $82,158.G1 $82,158.61 $0.00 $0.00 $0.00 $0.00 $82,158.61 $82,158.61 100% 100% Account Balance After the Transfer Employee Agency Autonlalre (1%) Matching 1 oral 'Percent $41,079.30 $0.00 $0.00 $41,079.30 50% $0.00 $0.00 $0.00 $0.00 O% $41.079.31 $82,158.61 $0.00 $0.00 $0.00 $0.00 $41.079.31 $82,158.61 50% 100% 'These percentages should be the same as the allocation you requested. Number of interlund transfers you have made this ,,car to dale: 1 You may make 12 interfund transfers in a calendar year. NOTE:You can find out your account balance each month on the TSP Web site at www.tsp.gov or by calling the ThrillLine at (504) 255-8777 from a touch-tone telephone (not a toll-free number). You will need your Social Security number and your Personal Identification Number (PIN). ' r.- ISP•31-0 Inwn.J 9/981 7093636536 JL 01 1463 10005697 T-00000003 000000270 loll 111111 11111 ARLENE BYERS 150 BYERS ROAD CARLISLE, PA 17013-9747 PLAINTIFF"S EXHIBIT "Y" +rr ' --- ` T ' i - THRIFT SAVINGS PLAN ' For : lk PARTICIPANT STATEMENT 1 1/011/98rthrough04/30/99 - TSP_8-B Your Thrift Savings Plan (TSP) account statement is issued every six months by the National Finance Center for the Federal Retirement Thrift Investment Board. For additional information or to correct your address or any of Ilia following items, please contact your agency employing office. Name: ARLENE BYERS Retirement Coverage: CSRS (t) Social Security Num or: 206-36-3463 Separation Status: Not separated Dale of Birth: 04/26 9 Beneficiary Designation an File:" No "11 you choose to submit a Beneficiary Designation (Form TSP-3), you are responsible for its correctness and completeness. Account Summary Beginning Balance Balance ---> 'I J ?j C /.Z.S G FUND Transactions This Pori >a 7- 3/ 'V4? y L ?5 Government Securities Earnings Th' eriodr Investment Fund g q q .Al' //, ?1oGy ?? Who Ba 7 Ba ndng ala a /y? F FUND Tran lemh T :Period 17 Fixed Income Index Earrli s This Period Y9 Invesment Fun /?/-.?/ • GIII Ending Balance Beginning Balance 55,372.51 C ND Transactions This Period 2,326.20 tilde Earnings This Period 12,530.10 md _Eune p p? 70,228.81 Ending Balance w TOTAL Beginning Balance 55,372.51 ACCOUNT Transactions This Period 2,326.20 BALANCE Earnings This Period 12,530.10 Ending Balance (J/ ?Q -Ll l 70, 228.81 Q??o?O i&6 j0/// 7d Rates of 1996 1999 Last 12 Months Return" November December January February March April (May '98-Apr '99) (Numbers in G Fund .42% .43% .42% .38% .47% .46% 5.53% parentheses F Fund .56% .30% .71% (1.74%) .54% .29% 6.27% are negative) C Fund 6.04% 5.76% 4.19% (3.09%) 3.99% 3.86% 21.72% •'Actoal rtes or return niter adndnbbalive expenses. The monthly rates of return are Ilia rates used to compule the actual eamings on your account each month, as deacribrd on Ilia back or this alarmism. Th. 12-month rates or retmn show the investment performance of only that portion of your account that was li.vuud for the entire 12-month period. Because of the liming and amount of your contributions, Int.tmnd transfers. and other transactions, you cannot use ilia 12-month rates of leturn-shovin above to calculate your actual earnings for ilia may 1998 - April 1999 period. Thera is risk of investment lose in both Ilro F and the C Funei. There Is no assurance trial past Islas of return will he reported in the future. FORM TSP-8-B (Rovised 05199) The ThrlflL1 ri: (504) 255-8777 cart give you account information. The Web site: www.tsp.gov has account information and TSP material: (\ ,/ TSP Open Season is May 15 -July 31. 7593636536IN JL OI 1463 10005697 05/99 T-00005765 000008181 IudIIn1111uuulLdLllluludllul6uldddlnullal ARLENE BYERS 150 BYERS ROAD CARLISLE PA 17013-9747 To change your future payroll contrlbu- tlons, ask your personnel off Ice for the TSP Election Form (TSP-1). To change the way money already In your account 1s Invested, use the ThrlftLlne or the TSP Web site. They are the most efficient ways to make, change, or cancel an Interfund transfer request. _... An Policy Review and Payment Due Notice Insured - Mr Galen Carl Byers Payment Summary Annual Premium: Your policy is paid up. There is no premium due. Policy Review MORY life bnraailonpagr P.O. Box 4830 Syracuse, New York 13221 1.800.487-M ONY(6669) www.mony.com/custamerservice Policy Number - 617 06 44 $ .00 Your current death benefit is.... $ 4,545.00 Your current cash surrender value as of 11/06/00 is calculated as follows... We are pleased to announce that your current dividend is $36.26. It was used to purchase paid-up additional insurance of $57.00. Your total paid up additional insurance is $3,045.00. This Might Be 01 Interest To You... Planning for a really enjoyable retirement should begin early-- ask your MONY Representative about MONY's Retirement Funder program -- Ask your MONY Representative about low cost term insurance from MONY. Have qutions? Contact yesour agency at: Or Phone: (610) 667-1760 If you have moved, please be sure to advise us of your new address. 01 Rcluni Ihis Poilim Willi Yme Paymenl (11 Any) Suite 708 401 City Ave. Bala Cynwyd, PA 19004 Insured - Mr Galen Carl Byers Policy Number - 617 06 44 Agency - 081 Please make your check payable to MONY and return this stub with your payment. Be sure to Include the policy number(s) on the check. Thank you. Payment due date 11/06/00 1111111110111 111 11 111111111 d 11111111111111111111111 all 1111111 Mr Galen Carl Byers 1441 Cockleys Meadow Or Boiling Springs PA 17007 Amount Enclosed Total Payment Due $.00 Mail To: ?j 11111111111111111111111111111111111111111111111111111111111111 MONY Life Insurance Company P.O. Box 6866 New York, N.Y. 10249.6866 0810000617064407 0011000000000007 PLAINTIFF'S EXHIBIT "BB" Ij This Stub Is For Your Record 528 Policy 0.-57-557.41- L Due -JJM??8,AZ Check Date Paidll???? BYERS CLEYS MEADOW OR iPRGS PA 17007 Insured Name: Galen C Byers Direct Beneficiary: Muriel F Byers All information as of November 15,1999 the Northwestern Mutual LIIe Insurance Company #QW kar ...,..? a.unrvor. Plan: Basic Insurance Amount: Coverage Increases From Dividends: Total Death Benefit: Net Death Benefit: Nourttuhvfst !n MM iifieeo 5755741 Policy Date: November 15,1965 65 Life Additional Benefits: $10,000.00 Waiver Premium Benefit Accidental Death Benefit $27,449.00 $37,449.00 $36,787.15 Assumes Premiums Paid to November 15,1999: Total Cash Value: $24,061.18 Past Year's Cash Value Increase: $2,013.27 Net Cash Value: $23,399.33 1999 Dividend: $1,547.07 Dividend Used to: Increase cash value and coverage. Total Loans: $661.85 Interest Rate: 5.00% Includes Interest to: November 16,1999 ., t ? v t oe r ?t 4' ?s`?s.?y?2 G j )ra"ilUl jN <t„4? ,: 1!!iornlli?7iity `fd `i????i?„xw 4ta? ?t•, e...>nw.t W sR.if', a ,.%, .F :+..?.st. S.¢x5. gfoY.."xtl t.AU...? _ 1 F..n.. ?,vw.t..G .:bYe..Y2.? ?. ?e0 ` Annual Premium: $197.30 For more information, contact.: Daniel E Mo Garry Jr, CLU, ChFC 107 E Philadelphia St York, PA 17403 (717) 843-SSI I REFEn TO THE BACK OF THIS STATEMENT FOR AN EXPLANATION OF TERMS Have questions about your policy? Get answers at htip;tAvww.nortliwestemnjutual.com/Service w Turner Agency 100 Pine St Ste 200 Harrisburg PA 17101 (717)257.4100 Date Prepaled: 1027/99 64 MASLAND ASSOCIATES, INC. INTERNAL MEDICINE 61EDICAL ARTS HmLDINc 220 WILSON STRrrT, CARLISLE, PA 17013 (717) 249-1929 Fax (717) 249-9332 D AVID S. MASLANO, M.D. Rrumn) LARRY S. RANKIN, M.D., F.A.C.C. TERRY ATWISON D O Josr.ni r. BRAZE1 M D CARDIOLOGY , . . INTERNAL RN RNAL I. I1IE: Mrmic IlICINa „ . . INTERNAL MEDICINE DEBRA D. TAYLOR, M.D. INTERNAL MEIIICINE PIRLIP A. NEII)ERERL D.O. PRANK 1'. CAMINA. M.U. PULMONARY WTER L. I hSIAIELREICII, III, M.D., r•,A.C.P. INTERNAL ALM 11IEUICINC• DDD A W BOWER INTERNAL MEDICINE. , . NAL MEDICINE INTER NE MICOELLE M. IIALE, M.S.N., C.R.N.P. April 17, 2001 RE: Galen Byers (DOB 7/16/43) 1441 Cockley's Meadow Drive Boiling Springs, PA 17007 To Whom It May Concern: Galen Byers is a 57 year old gentleman with a PHA of Kidney stones, Osteoarthritis of his cervical and lumbar spine and cholelithiasis. Mr. Byers' cervical arthritis was diagnosed recently, and it was confirmed by x-rays. The patient's lumbar sacral spinal arthritis has been an ongoing problem since 1977. Both of these arthritises flare up at times. I hope this information helps you in conjunction of knowing Mr. Byers' status. If you need additional information, please do not hesitate to contact me, Sincerely, Lester L. Himmelreich, III, M.D. LLIi/bw T: 4/17/01 PLAINTIFF'S EXHIBIT "EE" , ?I' ,• ,I t01 111 I d. II •II Id I.• 11P . lluolir?d M. 6ileget, Inc. U Actuaries/ Benefit Consultants ?-i Sol Cu,pomte Clulc • P.O. Box 59001, llaldsburg, PA 17110-U901) PIIONe (717)637.5677 • Fwz (7171 SAOA 106 • aww,cnubene0n.cum Comad H.51¢,1. F S.A. March 12, 2001 u"„rLLm,,.ll.rs.A. Win S. Sim,. F S A. Clyde F.. GoSlld,; F 5 A. ' EulI-bluniMKA.A.A. Sandra L. Meilton, Esq. Komi 1. Dol,r, As A. Tucker Arensberg & Swartz Da,Id F. V.UI I.A.S.& 111 North Front Street K.u?n 1 sm,s: Fs'"' P.O. Boa 889 . e,•id 11. PJIFA: F.S.A.' Harrisburg, PA'• 17108-0889 lcffny S. Hyv.. r.S.A. Tlnm„ 1. mK,•InIK, P.S A. ' Re: Arlene Byers elan A. 111(-m F.S.A. K"d A.Fit. FS.A. Dear Ms. Mollton: rwn S. Khn4,. F S A. P.C.A.S. nolly A. Ra,I.F S.A. You provided me with the following information concerning Arlene Byers: Chides 9. f'riadl,nd•, F.S.A. Ian w.Wky A.S.A. 1. Date of birth -April 26, 1947. utnl-H. Poll,. KS A. 2• Service computation date -November 21, 1966. rh,rm, w.11 a A.S.A. l,nel H. I?ymd,ln. CEef 3. 1969. Date married - September 7 hlal A. BOOM ASw A. , Iena,Aa• D.CIKnu A $A. 4• Date separated - March 1, 1999. Mm D. NOu, A.S.A. 6. Accrued monthly pension as of March 1, 1999 - $4,082. 6, High three-year average salary - $80,636. Currently, Arlene Byers is 64 years of age (age nearest birthday). The Civil Service Retirement System (CSRS) is a defined benefit pension plan. The figure that Is marital property for divorce purposes with respect to the defined benefit pension plan is the present value of the pension earned during the marriage. As.previously indicated, Arlene Byers had accrued a monthly pension its of the date of separation of $4,082: Since this benefit takes into account 2.79 years of service before the date of marriage, It is necessary to multiply by a "coverture fraction" in order to determine the portion of the pension earned during the marriage. The numerator of the "coverture fraction" is 29.48 (the years from the date of marriage until the date of separation) and the denominnior is 32.27 (the years from the service computation date until the date of separation). Thus, the hcoverture fraction" is .91 (29.48 divided by 32.27). The portion of Arlene Byers' pension benefit earned during the marriage is $3,716 ($4,082 multiplied by .91). /23/Ol PLAIN IFF'S ni l0;00 in as No oosoi Q002 EXHIBIT "FF" X11 U, _ L.UIdtI IU li Conrad M. Siegel, Inc. Sas,dra L. Meilton, Esq. March 12, 2001 Page 2 SILULL, Ilk:. -7117 5•lu ` 1UG 1-.UJ,Ud 0"1 While Arlene Byers is covered under the Civil Service Retirement System, she is not covered for Social Security benefits. In accordance with the Cornbleth vs. Cornbleth decision, It is newssary to calculate what bar Social Security benefit would have been if shd had been covered for this benefit. On the basis of the earnings information previously indicated and assuming the previous earnings increased in accordance with the increase in the U.S. average salaries and taking into account an appropriate coverture fraction, the estimated Social Security benefit attributable to the marriage to start at age 65 is $1,136 per month. Pursuant to our telephone conversation, I made calculations for retirement at age 66. The following table shows the present value of the pension earned during the marriage: Present Value of Benefits Earned During Marriage Retirement Social Agee CSRS $ccurity Hd 65 $312,337 $95,619 $216,818 The Social Security benefit and Elie pension benefit provided by the Civil Service Retirement Sysl:em are Indexed. What this means is that each year the benefit increases In accordance with the Consumer Price Index. The above figures are based on the assumption that the Consumer Price Index would increase at the rote of 3.0% per year. The Consumer Price Index increased on the average at the rate of 5.17% per year over the last 30 years, 4.24% per year over the last 20 years and 3.00% per year over the last 10 years. The present value computations have been based upon the assumptions promulgated by ilia Pension Benefit Guaranty Corporation for annuity valuations. The Interest rate is 6.4% per year for 20 years followed by 6.25% per year. The mortality is in accordance with the 1983 Grasp Annuity Mortality Table for males, rated six years for females. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation are appropriate for the purpose of determining the present values. WIt[L best regards, Yours sincerely, M lNaMILe Iater , Jr.. A. ting Actuary IIM:L:kad TOTFL P.03 09/23/01 FRI 10;00 ITI/RI NO 00801 X009 r) PRNNSYLVANfA Mfnnr.R aurv rf.Fnuic nFPrrR WT TAILIC-naonn RVFRS.ARLFNE '206-36-34 E 06/04/0 DIRECT DEPOSIT 231382555 R ETI MENT CO F, I LARY 115.612.00 PAY B1QD EARNINGS [IRS PAY YTQ EARNINGS REGULAR 80.0 GROSS EARNINGS 4,446.40 4,446.40 13,186.40 13,186.90 PAY PERIOD DEDUCTIONS DEDUCTIONS YTD DEDUCTIONS CSRS RETIREMENT • 311.25 940.23 MED TAX 61.35 182,04 THRIFT PLAN PERCENT = ,0500 G100% F000$ 0000$ 222.32 659.32 FEDERAL TAX MS-S EXEMPT-03 EXTRA-0000 STATE TAX PA MS-S EXEMPT-04 EXTRA-000 908.36 118.46 2,694.94 351.50 LOCAL TAX HARRISBURG MS-S 44.46 131.86 NON-RESIDENT EXEMPT-00 EXTRA-000 OCC TAX HARRISBURG 10.00 HEALTH INSURANCE PLAN 105 PRE-TAX 80.91 228.60 CARRIER BLUE CROSS AND BLUE SHIELD GOV/T LIFE INS. PLAN BASIC 18.29 54.25 FLEX PLAN-MEDICAL PRE-TAX 134.62 403.86 SAVINGS ALLOTMENTS H1 700 #2 0 700.00 2,100,00 NET PAY 1,846.38 CUMULATIVE RETIREMENT DEDUCTIONS 89,282.15 THESE FIGURES REFLECT YOUR TOTAL CUMU LATIVE TSP WIT H THIS AGENCY ONLY AND DO NOT REFLECT TSP BALANCES AT THE NATION FINANCE CENTER CUMULATIVE THRIFT EMPLOYEE DEDUCTION 37,314,04 MESSAGES : THIS EARNING STATEMENT IS BEING PROVIDE D TO YOU FOR Y OUR RECORD. PLEASE REVIEW ALL INFORMATION CAREFULLY & NOTIFY THE UMAN RESOURCES DIVISION IN THE AO OF ANY DISCREPANCY. FAILURE TO NOT IFY THE AO MAY OBLIGATE YOU TO REPAY ANY SALARY OV ERPAYMENT THA RESULTS. THE DEPARTMENT OF THE TREASURY HAS REQU STED THAT THE FOLLOWING MESSAGE APPEAR ON YOUR EARNINGS STATEME NT: DIRECT DEPOSIT IS FASTER AND SAFER THAN A CHECK, AND IN COMBINATION WITH E-FILE, YOU WILL GET YOUR FEDERAL INCOME TAX REF UND IN LESS THAN HALF THE TIME. evERGCIP Department of the Tmeuurv- Internal Revenue service LJ Form 1040 U.S. Individual Income Tax Return 1999 99 IRS Us. On* Do not wnt.or sta ple nINSd . For 1M ist Jan. 1•Dft 31 lo09,a coartax year beginning 1000 odt OMB No. 1e45•oo14. Label L your nru emend initial Last name Yourioclof security number A Galen C. Byers 1 93-36 -4331 110116 gelA.) 9 E aiJoint return, ilrouae'.hat emiand initial Lill name SpoU1e'asodUpoUtltynbmber ' L Us etire IRS Nomo address (number and slreel). a you hew a P.O. bog, in pagi Ia. Apt. re. ! IMPORTANTI A ouherwlse, p 1441 C kle Meadow Drive You muelenter please print R I City, lown w post office. slate, and ZIP code. A you hsvi a lomlpn addrsss, ass pegs Ia. our SSN a) above. or type' E Boiling S rin PA 17007 Yas No Nots.Chedtkrg Presidential Election Campaig n ' Do you went $3 to go to this 1i ..................................................... X "Yee" will not chan e our lax or S 18 i It l t d hi t g y ee pope . a o n re urn oes our spouse wan 3310 no to t s fund? reduce our refund. 1 Single FllirlgSlalu9 2 Married611rrg)o)ntreturn(even11onlyonehadIncome) 3 Married filing separate return. Enter spouse's social security no. above Check Only and lull name here.? Arlene E. Byers one box. 4 ryeed of household IvdN queFhlnp paean), (See peps te.tM Vw quenylnp person Is e and bur stet yew depen ens. enter Is Muds name here. 5 Ouall In widow er with dependent child ar s ouse died 01 19 See page 18. ea Youraell. 11 your parent (or someone else) can claim you as a dependent on his or her tax No. o boxes checkod on Exemptions return, do not check box Be .......................... ... Be and Bb 6 1 .. ...................... n S ouse .............. I P No. d your hild c Dependents: (]) Dapemdenl'a 4) Ck ren on Bc a c who: (I) DependenYS vol. eh 9d lived with 1 First name Launame social security number mbWmhlp to 4for chP x ca& fee 4 you j') * did not live with you duo II more than six to divorce or dependents, 1 *operation 19 coo ) see page 9. _ Dependents on on. 6e not sn d above ® Add numbe A entered on T1 of Total number of exemptions claimed 1 7 Wages, salaries, UPS. ate. Ahadr Pomp) W2 7 Income All C f Be Taxable Interest. Attach Schedule B 11 required ..................""' . - . .............. ... ' Be 15,057 opy o your Forms W-I b - Tax•oxempl Interest. DO NOT Include on line 8e Ab 8 711 ................. ` ... ?.a and W-20 hero. Al t 9 Ordinary dividends. Attach Schedule a It required .,..... •, 9 - 17 so a tach Form(a) 1099•11 10 Taxably refunds, credits, or offsets of stale and local Income loxes (sea Pe0e 21) ,,,,,,,,,,,,,,,,,,, 10 If tax was 11 Alimony received 11 withhold. II you rid not 12 Business Income or (foss). Attach Schedule C or C-F2 ........................................ 12 gel o W 13 Capital gain or (loss). Attach Schedule D it required. It not required, check here? 13 1,028 see page 20. 14 Other gains or (losses). Attach Form 4797 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 14 57,161 109 'total IRA distributions ... ., 16e b Taxable 'amount (see page 22) 16b 16a Total pensions and annuifles tae b Taxable amoUnl (see page 22) job 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule t ............ 17 0 Enclose, but do 1A Form Income or (foss). Attach Schedule F ...................................................... 18 -41 6 not sia le. ano 19 Unemployment compensation 16 payme Also nt , ,,,,, ,,,,,,,,,,,,,,,••,,,,,, ,,, ,,,,, ..,,...,,..........- . please use , 20a Social security benefits 1201 I I b 'Taxable amatml (sea papa 24) I06 Form 10404. 21 Other Income. List type A aml. (Die page 24) .., .. 21 22 Add the amounts In the for light column for lines 7 throu h 21. This Is o ur tot al tncomo ? 22 7 23 IRA dedudlon (see page 26) 23 3'Y;4 Adjusted Gross 24 28 Student loon Interest deduction (see page 26) .. 24 Medical iavin i ac t d d ti Att h F U g coun e uc on. ac orm 8853 28 Income 26 Moving expenses. Attach Form 3803 26 ............................ 27 One-hell of self-employment sex. Allech Schedule SE 27 z IA Self-employed health insurance deduction (sea papa 26) 28 yr l ® 29 30 , , Keogh and iel6empllyyed SEP and SIMPLE plans 20 P ll : w): ? u :.'.......:,.'. ena y anemlywithdratiolclievings„ 30 2 643 . 319 Alimony p paid b Red lenl'eSSN? ]1a '?<'?? sr' 32 Add ones 23 through Jill ............................ ................................ 32 3 33 Subbed line 32 from line 22. This Is your adjusted roes Income IS' 33 28.935 v,. c,eauia, rrrracy nc1, only reporworx Reduction Ad Nolicsm sse Paco 61. CLI Fam 1040 (1000) .;. oM PLAINTIFF'S EXHIBIT v T'S Copy _ 8YERGCTP 04 0 orm1040,1999 Galen C. 13 er8 193 -36-43 31 Pae2 . ... adjusted gross income li e 33 A t f 34 28,93 34 .................... n moun rom ( Blind e was 65 or older Bli d S t..y f9X and 35a , . pous n ; Check II: 0 You were 65 or older, ws '--alts Add the number of boxes checked above and enter the total here ? 35a b If you are married filing separately and your spouse itemizes deductions or tact 10 36b you were a dual-status alien, see page 30 and check here .......................... .cllon 36 Enter your Itemized deductions from Schedule A. line 28, OR standard deduction , for Most shown on the left. But see page 30 to find your standard deduction it you checked any endent l i u s a de 38 6 00 People ............................. m yo a p a box on line 35a or 35b or If someone can c . . 37 Subtract line 36 from line 34 37 25,335 Single- 38 If tine 34 Is $94,975 or less, multiply $2,750 by the total number of exemptions claimed on Si gW see the worksheet on page 31 for the amount to enter 975 If line 34 Is over $94 line 6d 38 2,750 Heed of 39 . . , , . Subtract are 3e from Ina 37. If One 35 is mom than Ina 37, enter-a- Taxable Income , , 39 22,585 household: $6.350 40 ,,,,,,,,,,, . Tax (see page 31). Check It any tax is from a Q Form(s) 8814 ,,, Marled filing ............... It 6 Form 4972 10. 40 3 44 Jointly or 41 .............................................. Credit for child & dependent care expenses. Attach Fonn 2441 ..... 41 ... ra;: .<... " Oualifying dd 42 Credit for the elderly or the disabled. Attach Schedule R 42 . < v oalen: $7,200 43 •, •, , , ,. Child tax credit (see page 33)..•,,,,,,,,,,,,,,,,,,,, 43 Maniad 41 Education credits. Attach Form 6863 44 .. ? e 45 Attach Form 8839 .... . • .... .. ...... Adoption credit 45 s eppaarately: s $3500 AS . ........... ... ............. -- ,•,....,,, Foreign lax credit. Attach Form 1116 if required ,. 46 t..r {. 47 1 I Form 3800 b LJ Farm 6396 ?s ' ; Other. Check if from a '' c r. Form 8801 d Form (specify) 47 8 y z 48 These are your total credits Add lines 41 through 47 48 49 .....,,,.•„•,,,,,,,,,, . Subtract line 48 from line 40. It line 481s more than line 40, enter-0• ? 49 3 44 9 50 Attach Schedule SE lo ment tax Self-em 60 . y ..............•,,..,,,,,,,,,,,,,,,, p Oth 51 Attach Form 6251 Alternative minimum tax 51 er ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . T 52 and Medicare tax on lip income not reported to employer, Attach Form 4137 Social securit 62 axes ....... y • .. 53 and MSAs. Attach Farm 532911 required other retirement plans Tax on IRAs 53 .. , , 64 Advance named income credit payments from Form(s)W-2 64 ,,,,,,,,,,,,,,,,,,,, 55 Attach Schedule H Household employment taxes 65 0 5e ,•••••„,,,,,, . Add lines 49 - 55. This is your total tax Is. 56 3,449 67 Federal Income lax withheld from Forms W2 and 1099 • •. •.,,, • 57 y_ nts P 58 1999 estimated sex payments 5 amount applied from 1998 return 58 4»,£ rms. E: ayme 59a Earned income credit Attach $dt. Etc a you have- qualifying child v:"d b Nontaxable earned income: amount ?? & type 593 60 Additional child tax credit. Attach Form 8812 60 ,L 61 Amount paid with request for ext. to file (see pg. 48)••., •.,.,...,,. 61 vfi 62 Excess social security and RRTA tax withheld (see page 46) 62 sF 63 Other payments. Check N from a a Fomr2439 b Q Fomr4136 63 e4 Add Ines 57. 50. S9s, a 60.53. These are your total payments 64 Refund as If line 64 is more than line 66, subtract line 66 from line 64. This is the amount you OVERPAID .,, 65 Have N 66a Amount of fine 65 you want REFUNDED TO YOU ......... ............ ................ 10. 68a direct ry osiledl de 10- b Routing number ? e T Checking Savings %H;"'x"" p Seepage 48 and ill In 66b , 11 of Account number ?d£ Y' a. 66c and 66d . 67 Amount of line 65 oar want APPLIED 70 YOUR 2000 EST. TA% ? 67 d 68 It line 561s more than lino 64, subtract line 64 from line 56. This is the AMOUNT YOU OWE. L`,€ Amount For details on how to pay. see page 49 .................................................. 68 3.495 You Owe 89 Estimated lax penalty. Also Include on line 66 89 Q. , xlr?'_ • tN 46 :_^'-' Sign Under oenallies of penury, 1 declare Nat i nave examined this return and ecoompamying schedules and statements, Intl to Me seat d my knmNadge and belief, they are true, coned, and complete. Declaration of preparar (other than taxpayer) Is based on as Information of whkh preperer has any knoMedge. Here Da me telephone numbs o bone Joint return? Your signature Date Your occupation 1 See page 18 . 116 Keep a copy for your Spouses signature. If a joint return. BOTH must sign. Date Spouse's occupation rnmrds. Preparers / signature Dale Checks seeem ed I -IT Prepmh SSNa PTIN 700013253 ;arer'6Firm'sneme(oryou)! Grp U6e0nfy asa6.empbyae)and ' 400 DAA Main Street ZIP code Form 1040 (1999) I I/ 11; CNp?lr• Deparlmeol of the Le..,ry• Int imU pavan.. Service Label L YOU' find name and initial Ioil name 1 lions A B Galen C. _Byers nn raga 19) E II a ll. dn, fn. lint name A Inlllal (nil name lisp ilia IRS L label. ele Imrmho and,heel) It You have a P O boa, fee page 19 ommrvinc. CogLUPY Meadow Drive O please pl(rll or type post orrice. 11,11. ¦nd ZIP ,,d,. It You nave a foreign addreu. fee page 19. . l ial Boiling springs PA 17007 E la C 1011 t lon Campaig n Note. Checking "Y es"wilt not change your lax or reduce your refund. 01 Se Do ore. Of ours ouse if f ills a oint return. want E3 to o l0 this fund? g 1 Single , FS 2 Manied Ming)olnl return leven 0 only one had Income) 3 Maied filing separate return. Enter spouse's social security no above Ch . and lull name here.` Arlene E. D V @ Y9 one box. 4 Iliad of hauaehald wio1 q^iat,f ila pe?ionL ISee pSge 19. II the dir In Y 0 Pntan If a hurl nor mu, d.n..a..r .. r" _ _ _ L qua 5 Use Onl . Do not write or fro Is in this s au. .20 OM9 No 154S.0074 Your social Security number -193-36-4331 Spouse's social security number 206-36-3463 Ant no. A Importanll YOU mull enter your SSN(s) above. You e....r,." 6o W Yourself. It your parent (or someone else) can claim you as a dependent on his at her tax Exemptions return, do not check box SO If more than six dependents, see page 20. b arise .......................................................... 5 C No. or boxes checked on 6aandab j No. of your Dependents: (11 Fbal name lost name (7) Dependent's social security number (3) Dependent's nlellonehip to ou (41 . C,lr dual, ch Inv eredl see YnI.I children on ac who: 0 lived with I you 20)0 did nor live with you due to divorce or Separation (see page 20) Dependents on ac not On. loved above Add numbers entered on Income 7 Wages. salaries, Ilya, etc. Attach Form(,) w•2 - - ............. 7 1 9a ......... Taxablplnleresl Alla hS h l d Allach . c c e u e811requhed ... ..... e rmma w•2 and b ......... ..................... Tax•oxompt Interest. Do not Include on line Be I gb I a - 12.865 •1G taro. Also attach 9 Ordinary dividends. Attach Schedule n11 required B" 1 ar 10 ............... Taxable refunds credits or ff l f h r d 15 ) m a 099•R , , o se s o s i e an local Income faxes (see page 22) 1 It lax was 11 Albnony received "•""""" • • • • 0 withhold. 12 "••"••••"•••• Business income or (l Att l h •••••••""' 11 It you did not oss). ac Sc leduleCor C•E2 . el a W2 13 ....................................... Capital gain or (loss) Att h S h l d 12 g . . ac c e u e C II required. II not required, check here 13 see Page 21. 14 Other gains or (losses). Attach Form 4797 1 • 071 151 ' • • • " Total IRA distribullons 15 14 s a blle e amo wrierun (se nit l (see h a e 2 2 b Taxa 3 15b 16e Total pensions and annullles lee g P p g ) b Taxable amount (see a e 23 166 17 Rental real estate ro allle9 t h p g ) , y , par ners ips. S corpornllons, trusts. etc. Attach Schedule E 17 Enclose, but do 16 Form Income or (loss). Attach Schedule F ""' • • • • • • • -7,802 1101 alach, tiny Also Payment 19 Unemployment compensation ...................................................... ....... . 18 0 . , please use 701 .................................. Social security bene6ls 1201 I 16 Taxabl t 19 _ Farm 10404. 21 e amoun (see page 25) Other Income. List type 6 amt. (see page 25) I0b ?-- 22 Add If,. nmmrn1. rn n- r"• i-hi__i...__,__,.___-.,.••...••.••..••••••.•••••.••••.•...•••....... 21 23 RA deduction (see page 27) 23 Adjusted 24 , .. .. • Student loan Interest deduction (see page 27) Gross 25 .............. Medical savings account deduction. Attach Form 6053 .... 25 Income 26 M . • • • . ... . oving expenses. Attach Form 3903 •. 26 27 One•halfofself• ••?•••... • self-employment hex. Attach Schedule SE ••• ?••• 27 26 Self-employed health Insurance deduction (see page 29) 26 ® 29 Self-employed SEP. SIMPLE, and quallfled plans ..... 29 30 ......... Penallyon eallywilhdrawal of savings .......... ... 30 311 ............. Alimony paid b pecipienl's SSNI ... 311 32 Add lines 23 through 311 33 Subtract line 32 from fin. 11 7 111.I.•....u..,6.._I_..:.____? :..... ...................... For Disclosure, Privacy Ael, and Paperwork Roduellon Act Nolieo, sea page 56. e 8F. fsf. 6 14 DM ri IF-ki l fC r p Form1040(2ma) rycncuu?, foam 1010 r+?te r• parcrc 1 q'1-'A I; f -A 771 b...9 Tax and 34 Amount tram line 33 (ndlusled gross Income ...... ............ ...... .. .. ... 34 6, 149 Credits sills , r ry 611nd. 900 Ueb wa! 65 m older b Blind ck If YoU wble 6S of older Ch : r , , , e : : U u Add the number of boxes cracked above and enter life total here ? JSa y' Ideld to III w m lied Ilene n uNefr and au spa a ll rI dedWrons, a • • """"""""" lee papa ] I eM tree Rere .. . .. ? Jsb ?nna uel,eLW{ Ull?n s,°7 e? [fiction J6 , I er alindard deducfloh shown Enlel your Ilombed deductions from Schedule A fine 211 sue. lot Most , . on the 168.61d see page 31 to find your standard deduction II you checked any bra on Peo le line site or 3Sb or if someone can claim you as a dependent ................................... .. 36 7 p 37 Sublracl line 38 from line 34 37 2 , 4 74 Shigto. J6 11 line 34 It 598.700 or Idea, multiply 12,6o0 by the total humber of exemptions claimed on ?f? 7?' $1400 [lead of line ad. 11 One 34 is over 198,700, tee the wodsheel on page 32 lot Ilia amount to enter , J6 2 0 household: 39 Tax$btt Income. Sublud Ina 30 from Ina 31.1[ One 381s mot/ than In/ 37, enter •0• 0 $6.150 40 to gee page 32). Check It any lax is from a 0 Pomito 9A1A Marled long If Foim1972 ................ ...................................................... 40 0 jointly or ouelx in 41 ,,,,,,,,,,,,,,,,,,,,, Allemallve minimum fax. Attach Point 6251 At y g wido.ler) 42 ,,,,,,,,,,,,,,, Add lines 40 and 4f ...... ... ... ............................................ ? 42 $7.350 43 .. ...... ... Porel n lax Credll. Allach Parm 111611 re quit ed , 13 'Rt' Married 44 Credit for child d dependent care expenses. Attach Porm 2441 14 >as.. sing t l 45 Credit for the elderly or the disabled. Attach Schedule R IS rJ.:;?iy pE<n,; separa e y: 63.675 AS Education credits. Attach Form 6863 Ie "° AT Child lax credit (see page 30) AT 46 .. , .. Adoption Credit. Attack Form 0839 . Ae 49 Other. Check It from d P.ran 3800 b Farm 8396 ;2 e 0 Form 8801 d Form (specify) 49 50 Add lines 43 through 49.Tlietetire your joint trbdlta,,,,,,,,,,,,,,,,,,,,,,,,,, 6o 51 Subtract line 5o from line 42. If line 50 is more than line 42. enter -0- ? 51 0 Ollyer 52 Sell-employment lax. Attach Schedule SE ,,,,,,,,,,,,,,,,,,,,,,,,, 62 Taxes 53 Sodai security and Medicare lax on On Income hot reported to employer. Attach Form 4137 ,,,, 53 51 Tex on IRAs, other retirement plans, and MSAs. Attach Potm 532911 required 64 55 Advance earned income credit payments from Portals)W-2 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 65 66 Household employment loxes. Attach Schedule H as ® 67 Add lines 51 - 56. This Is our total tax ? 57 0 68 Federal Income lax withheld from Forms W-2 and 1099.,.,.,,,,,,, fe as `: r p9 manta 59 2000 estimated tax pAymenle g amount applied from 1999 retwn 59 , . a you have o Goa Eetned Ineomli etadll (BIC) ass qualifying b Nontaxable earned Income: amoUnl ` Atype xkn: x tic Schedule 61 .................................... ...... .. Excess social security and RRTA lax withheld lice page 5o) ....... 6f : .> "+ti ' 62 03 Additional child IAx Credll. Aheal11 Form Afi12 82 Amount paid with request for bid. to file (see pg. 50) :? rg 64 other psymenls. Check a from s 0 tors 2434 b d Form A130 64 y3 .i 65 Add Ines its, 59. sale. 6 61.64. Theis die out told 4 m4nti ? 66 Refund 66 If line 05 Is more than line $7, tublrecl line 57 from tine 65. This Of the amount you bvorpold 88 Naves 678 Amount of line 68 youwanltound9dto oU,,,,,,,,,, ,,,,,,,,,,,,,,,, ? 876 d11eCW aeposnedl ? b Routing number ? b T e: Checking ? Savings ms ,: See pope 50 and am In 67b, Is d Account numb6r ;r: . 670 and e7d. 66 Amount of line 66 you want 11 10 your 2001 eiflmkfed Iek ry to W Amount 69 Minh 5719 more then one 65, ItUbhoci line 651rom line 57. Thls Is the Amount you owe. You Owe For details on how to sex 51 Pay. page .................................................. ? 89 0 70 Esllmpled lax enall Y. Also Include on line 69 70 W} : °yf ' ;; Under Pensilies or perjury, I tleUUa the(( have examined thn return and accompsnrlnp schedules end Statements, end to Ina bell of my kn Sign belief he ere fare conect e notele Declaration d r e i r b d hl ( th l t i f ti f h aMedga and Here Joint return? er on , , , y . ef r ar ep yep p s e on a In O a n orma on o w c Your slpnetn" Dole Your occupation tel, a, has a ny knowledge Osyama phone bumbai See page 19. Spau ee's ugoilvii. Its joint return, both must ilgn Dote Spo am-6 =upsilon May the Ins discuss this return a9h t16t pre- idf keep a copy your for shown below [see , e 02 7 YaA No records. P,epsre,'S or' 1 _ bete sipneture ' J 61 W- ?' / Check If W.A. nee Prepariel SSN d PTIN P00013253 rrep a to I's thin I name (or ? Gre Use only tone x eememployed(, 4 00 OAA L Phone M. 717-766-4763 Form 1040 Impel, it :I :A ii r GALEN C. BYl?RS, P1a.inti ff VS. ARI,ENE E. 13YERS, Oefendant• Lh? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVII, TERM, 1999 IN DIVORCE INCOME AND EXPENSES OF PLAINTIFF, GALEN C. BYERS INCOME: I:mp.loyer.: Self: employed Address: 144.1 Cockey's Meadow Drive Boiling Springs, Pennsylvania 17007 Employment: Farmer .income: Approximately $54960.00 for 2000 (*Note: Income varies years to year from $20,000 to $50,000, depending on weather, disease, equipment replacement, repair, prices for crops, etc.) Deductions from Employment-: Federal Withholding $ 3,400.00 Soc.i.al. Security Local Wage Tax State Income Tax $ 665.00 Retirement Savings Bonds Credit Union Life Insurance Health Insurance (*Note - presently covered with wife's health insurance, which will cost me approximately $3,120.00 annually presently) Other. Net Income from Employment ........... $50,895.00 PLAINTIFF'S EXHIBIT "LL" Other income: 6.0u C°] interest - Annually $ 7,539.86 Dividends Pension Annuity Social Security Rents (Arlene retained all rentals for the real estate, after separation) Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation 't'otal Other Income ................... $ 7,539.86 TOTAL ANNUAL INCOME $58,434.86 EXPENSES: Nome: Mortgage (Monthly - $840.48) $10,085.76 Maintenance $ 500.00 Electric (Monthly - $43.00) $ 516.00 oil $ 1,200.00 Telephone (Monthly - $63.00) $ 756.00 Water (well.) $ None Sewer (septic cleaning) $ 85.00 Trash $ 160.00 Furnance (new) $ 5,100.00 'Faxes: Real Estate (Galen's home and York County farm) $ 3,096.55 Personal. Property 'l'ax $ 267.76 Occupational Tax $ 10.00 Insurance: Homeowners $ 263.00 Health *(Blue Crosss & Shield - ($3,120.00)* Galen will be responsible for when fie no longer covered under. Arlene's insurance) Auto/'t'ruck $ 793.00 hire $ 228.82 Automobile/Truck: Payments (Monthly - $532.49) $ 6,389.88 Gas (Monthly - $160.00) $ 1,920.00 Repairs, Oil, License, etc. $ 950.00 Medical- Doctor (Monthly - $45.00) $ 540.00 Dentist $ 325.00 Orthodontist $ None Hospital $ None Medicine & Prescriptions $ 600.00 Glasses, etc. $ 200.00 Education: None *(Other than turning over the Savings Bonds for Beth's Education $23,844.80) ($ None)* Miscellaneous Expenses: Farming expenses (varies year to year) Year 2000 $37,840.34 Personal: Clothing $ 1,200.00 Food (Monthly - $280.00) $ 3,360.00 ?'?yt r4 Barber $ 96.00 Credit payments: Credit Card (Mastercard F AT&T) Miscellaneous: $ 575.00 Household help $ None Child Care $ None Paper/Books/Magazines $ 238.00 Entertainment $ 500.00 T.V. - Cable $ 347.76 Vacation $ 800.00 Gifts $ 500.00 Legal fees (divorce, suit/sewer) $ 9,000 00 Charitable Contributions $ . None Child Support $ None Alimony Payments $ None Lunches (When working - Monthly $80.00) $ 960.00 Other $ Total expenses ..................................$89,40: } i j COUNSEL FEES 0 That counsel for the Plaintiff has had 47 of extensive years of trial experience, with a reasonable charge for services rendered of $150.00 per hour and incurred some 20 hours of unnecessary and inordinate delay on the part of the Defendant, which is as follows: From August 22nd to August 25th, 2000, the Defendant persisted in attempting to foist a so-called Family Partnership Agreement; in which she had been told prior thereto, was not acceptable; and insisted that the features be researched into, which took a period of five (5) hours culminating in sending total rejection of the same, August 25, 2000. December 7, 2000, one (1) hour expended in detailing information lacking that had been requested for a number of weeks prior thereto; March 21, 2001, reviewing excessive Interrog- atories in excess of 40 under Cumberland County Rules of Court, in excess of 100, one hour and a half (1'k) time. March 23, 2001, the Defendant filed additional interrogatories for review, after first filing for the Appoint- ment of the Master, under date of March 20, 2001, consuming another an hour and a half (1'h) of review. Letter required to be sent to Master, outlining outstanding documents not provided by Defendant, one (1) hour. PLAINTIFF'S EXHIBIT "MM" dww April 11, 2001, received letter calling for the sale of 901 E. Trindle Road, but did not supply the amount of consideration, and required a call and review the same, one-half (h) hour. April 11, 2001, telephone call to Kent Spayd in Philadelphia regarding the failure of the Defendant to provide pension information, to review necessary information, one (1) hour; follow up conversation and facts with Mr. Spayd of pension matter, one-half ('k) hour. April 25, 2001 researching Pension Law to assist inquiry of Mr. Spayd and communication, one (1) hour. April 11, 2001, Plaintiff's objections to Defendant's First Set of Interrogatories far in excess of requisite numbers, by Rules of Court, one (1) hour. April 18, 2001, received notice of withdrawing First Set of Interrogatories by Defendant; and additional consultation with client regarding failure of Defendant to provide requested promised information months prior thereto, one (1) hour. April 20, 2001, letter to Master from Plaintiff regarding the failure of the Defendant to answer all Interrog- atories; discussion with client the effect of the failure to do so, one (1) hour. May 24, 2001, receipt of the Defendant's related Answers to Second Set of Plaintiff's Interrogatories, eloft? 04 one (1) hour. May 25, 2001, consultation with Plaintiff and correspondence with Kent Spayd, one (1) hour; and with client relating to belated information. N. B. Information on Mr. Leister's calculations had been requested repeatedly from counsel for the Defendant, in March 2001 through June 26, 2001, which the Plaintiff, in his reasonabale opinion, that this information was known as to what Mr. Leister provided in his letter without calcula- tion some months prior thereto, relating to the inordinate delay created by Defendant, one-half (') hour. In addition to preparing Answer to Defendant's demand for the sale of the real estate and research, consumed an additional two (2'31) hours, which resulted in a memorandum being preparing for the Hearing scheduled for June 11, 2001 on June 8, 2001, one (1) hour. On June 27, 2001, FAX was sent to Mr. Spayd, consultation regarding conculations, which was finally received from Defendant, after over 4 months of delay, one (1) hour .1LJI J14..??.. 00 EXCERPT FROM ASSETS OF PARTIES 24. UEB'I'S DUE, INCLUDING LOAN MORTGAGES IIELD (a) Mortgage on 286 S. Locust Point lid., Mechanicsburg, Cumberland Co., Pa. (4 unit apartment bldg.) - acquired in 1905 for the sum of $210,000.001 with a mortgage balance of $70,000.1 being deeded .(.n joint names, but the rental from I:he property is supposed to pay . the mortgage and Galen was doing any maintenance to the said property, which the farm account: had paid for. Iiowever, since the separation, Arlene has been receiving I:he rental moneys and it had not been paid into the farm account as it usually had been the past to pay the mortgage, taxes, etc.; and therefore status is unknown to Galen $70,000.00 (b) Services rendered to Byers Road to increase a 2-car garage to 4-car garage by the P1ai.nL•.i.ff, at the request of the Defendant- in Nov. 1.998 and bile Defendant (Arlene) had promised to pay tile Plaintiff for his services and supplies $18,000.00 25. IIOUS6:IIOLD FURNISII.INGS AND PERSONALTY IIELU: (a) LLems held by the Plaintiff, belonging I:o both parties, to wit: J.U. 6400 tracter, $24,000, Ilay Buster Dri.11 $4,000.1 Wagon and a Forge Wagon, $800, which the Defendant uses for the farming (b) List attached as the items in the possession or. the Defendant, belonging to both parties 26. UNIEII: Y 11 I = f? i i PLAINTIFF'S EXHIBIT "NN" July 22, 2001 2:52 PM F?t: A Happy Fax Talk User Fax Number: Page %* To John IYom Galen Byers, The folleneulg is the breakdown of our nvsets,und o rundown of how I would like to sec them distributed AppiuNuls t average I6?:•13(196(0.1(x)= 1!0400x) 2211^ 0 16511(x1-:!)`.10:111 11.100, 12040)= MOM 35111111 666ON640n0= 66000 SOO, 007250(x1=762500 1571.40125(01=141(xx) 500130129000 =4(x)0() 250000::41000°245(100 15920 4501) 26000 17000 12000 16001 MONK) 216,01 Description I S A Shughan Road 24A Rtvcrs Road 14A Ivlyets Raul Lot York Road 319 Walnut St 150 B)'ers Road 901 "' Trindle Ruud Lot W Trindle Road 266 Locust Point Road 150 Byers Rd Ileusehuld content% Lawn Tractor Farm Equipment 31 Ford Car 95 Ford Explorer PNC Account York Springs Account Arlene's Pension Arlene Byers 150 Byers Rd Household contents M 9,Walnut St (A)I WTrindle Rd Lot W 7 rindle Rd 266 Locust Point Rd 95 Ford Explorer Fension PN( ' ' Account 31 Ford Car Lot on York Rd 15920 66007 MOW 4010 24501x1 12000 2160110 60000 17000 35000 667.920 667920 40^n 1296`119 2164420. Oalen Byers I8A Shughart RU 24A M) cis Rd 14A Flyers RD L4?v i i nonnmritul novel 1640,00. 20C,oOO. 123000. •:24351J0, PLAINTIFF'S EXHIBIT "00" OM ?m: A Happy FaxTalk User Fax Number: Page .' -r3 150 Byers RD 762500. Farm &luipment 25000. Lawn'rraclor 4500. York Springs Account 140000 PNC Account 120000. 1296500 12965rr0 fi0"o 867920 2154420 CERTIFICATE OF SERVICE AND NOW, to wit, this /6 15- day of August, 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the Plaintiff's Pretrial Statement, upon the following person or persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, to wit: Service by personal delivery of the within Plaintiff's Pretrial Statement, to the office of the attorney for the Defendant, to wit: Sandra L. Meilton, Esquire Tucker Arensberg & Swartz 111 North Front Street Harrisburg, Pennsylvania 17101 ohn J. afsi, J ., qu'r Attorne for Plain f 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 GALEN C. BYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7641 CIVIL TERM ARLENE E. BYERS, : CIVIL ACTION -LAW Defendant : IN DIVORCE C)' PRE-TRIAL STATEMENT AND NOW, comes the Defendant, Arlene E. Byers, by and through her attorneys, Tucker Arensberg & Swartz, and files the following Pre-trial Statement. 1. The marital and non-marital assets relative to this matter have been set forth in the Inventory and Appraisement which was filed with the court on March 6, 2001. The marital assets of the parties are valued in excess of $2,400,000. The non-marital property of the Defendant is valued at approximately $50,000, while the non-marital property of the Plaintiff is unknown to Defendant. However, Defendant is aware that Plaintiff continues to operate his business, has purchased real estate and is supporting his girlfriend. 2. Defendant expects to call the following persons to testify as expert witnesses: (a) George C. Clauser, SRA Clauser Real Estate Appraisals P.O. Box 777 Camp Hill, PA 17011 Mr. Clauser will testify as to the value of the real estate owned by the parties and as identified more fully on Defendant's Inventory and Appraisement. Mr. Clauser's qualifications are set forth in his qualification sheet attached hereto and marked as Exhibit "A". (b) Harry M. Leister, Jr., F.S.A. Conrad M. Siegel, Inc. P.O. Box 5900 Harrisburg, PA 17110-0900 Mr. Leister will testify as to the value of Defendant's Civil Service Retirement System (CSRS) defined pension plan and as to the marital share of Defendant's Thrift Plan. Mr. Leister's valuation of the Thrift Plan will consist of establishing the marital portion taking into account post-separation contributions and the increase in value (or decrease in value) of the plan. This valuation will be prepared closer to the date of trial. Mr. Leister's qualifications are set forth in his qualification sheet attached hereto and marked as Exhibit "B". (c) An expert may be necessary to testify as to the value of Plaintiffs business and farm equipment. (d) Chuck E. Bricker, Auctineer 93 Texaco Road Mechanicsburg, PA 17055 Mr. Bricker will testify as to the value of the parties' household goods and personalty. 3. Defendant will testify as to the assets and liabilities of the marriage, her income and expenses and the issue of fault surrounding the break up of the parties' marriage. Defendant expects to call the following witnesses to testify on her behalf at the time of the Master's Hearing: Revenna C. Barrick 1441 Cockley's Meadow Road Boiling Springs, PA 17007 4. The following is a list of exhibits which Defendant intends to introduce at the Master's Hearing: Defendant's Inventory & Appraisement Defendant's Exhibit 1 Defendant's Income and Expense Statement Defendant's Exhibit 2 Tax returns Defendant's Exhibit 3 Real estate appraisals Defendant's Exhibit 4 Pension appraisals Defendant's Exhibit 5 Household goods appraisal Defendant's Exhibit 6 Book Values for vehicles Defendant's Exhibit 7 Bank and financial account statements Defendant's Exhibit 8 sufficient to establish date of separation and current values of accounts Legal fee summary Defendant's Exhibit 9 Documentation to verify date of separation Defendant's Exhibit 10 and current balances on liabilities (both marital and non-marital) Defendant's Exhibit 11- Defendant reserves the right to introduce additional exhibits 5. Defendant has a gross monthly income of $9,633 and a net monthly income of approximately $5,550, which is itemized in the Income and Expense Statement which was filed with the Court on March 6, 2001. A copy of Defendant's most recent state and federal income tax returns will be introduced at the Master's hearing. 6. Defendant's monthly expenses are approximately $9,243. An itemization of these expenses has been set forth in the Income & Expense Statement which was filed with the Court on March 6, 2001. 7. Defendant contends that the marital portion of Defendant's Pension is $216,818 as set forth on the Pension Valuation which is attached hereto as Exhibit "C" and incorporated herein. 8. Defendant has incurred Counsel fees in excess of $16,000 in accordance with the fee letter which was signed on May 11, 1999. A detailed itemization of these services will be introduced at the Master's hearing. 9. The parties are in dispute over several issues including but not limited to the date of separation, equitable distribution of property, alimony, counsel fees and costs, and alimony pendente lite. 10. The parties have accumulated marital debts in the approximate amount of $59,000, which have been itemized on the Inventory and Appraisement filed with the Court on March 6, 2001. 11. Defendant proposes that the marital estate be distributed in accordance with the Proposal which is attached hereto and incorporated herein. TUCKER ARENSBERG & SWARTZ BY ? /t9 L . /T `\ ands L. Meilton (I.D. #32551) 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT DATED: 8116/01 l: ivy ?:a:iY: r Defendant's Proposal 1. A 50/50 distribution of marital assets. 2. As part of the 50-50 distribution, Defendant shall retain the following: (a) Byers farm and residence located at 150 Byers Road, Carlisle, PA in its entirety. (b) Household goods in Defendant's possession (c) Defendant's CSRS pension (d) Defendant's Thrift Plan (e) 13.81 acres (York Road, Boiling Springs, PA) (f) 1996 Ford Explorer (g) Lot located on West Trindle Road, Mechanicsburg, PA (adjacent to 901 W. Trindle Road) (h) Tractor (i) Real estate and residence located at 319 Walnut Street, Boiling Springs, PA 3. Plaintiffs claim for alimony shall be denied. 4. Defendant's claim for counsel fees and expenses shall be awarded. 5. Plaintiffs claim for alimony pendente lite, counsel fees and expenses shall be denied. i i GEORGE C. CLAUSER, SRA PA State Certified General Appraiser Clauser Real Estate Appraisals P O Box 777 Camp Hill, PA 17001.0777 Phone (717) 737.7300 Fax (717) 730-0922 e-mail address: clauser@paonlino.com QUALIFICATION SHEET EDUCATION: Lebanon Valley College, Annville, PA B.S. in Economics and Business Administration Appraisal Institute Standards of Professional Practice A Standards of Professional Practice B American Institute of Real Estate Appraisers Real Estate Appraisal Principles 1A-1 Basic Valuation Procedures 1A-2 Capitalization Theory and Techniques 1A&B Narrative Report Writing All courses necessary to complete the SRA Designation All courses to complete Pennsylvania State General Certification PROFESSIONAL MEMBERSHIP/DESIGNATION- Pennsylvania State Certified General Real Estate Appraiser #GA-000233-L Pennsylvania Real Estate Broker (License RB-025061-L) Senior Residential Appraiser (SRA) with the Appraisal Institute and MAI Candidate REAL ESTATE EXPERIENCE: 1993-Present 1983-1993 George C. Clauser Real Estate Appraisals Associate Appraiser Lester G C 1973-1963 , . onnor, MAI, Camp Hill, PA Associate Appraiser Jose h M G 1968-1973 , p c raw, Inc., Lemoyne, PA Sales Associate Doughert a d T i , y n w gg Real Estate TESTIMONY: Cumberland, Dauphin and York County Courts Tax Assessment Appeals Civil Litigation Local Municipalities - Zoning Meetings Exhibit "A" i is w i? C' c i I ji TYPES OF APPRAISALS COMPLETED: Commercial - Stores, Motels, Restaurants, Offices, Automobile Dealerships, Kennels, Greenhouses, Shopping Centers, Apartment Complexes, Mobile Home Parks Condominium - Offices, Residences Industrial - Warehouses, Truck Terminals, Service Stations, Manufacturing Facilities, Repair Garages Land - Farms, Subdivisions, Commercial, Industrial, Acreage, Easements-Utility Residential - Single, Multi-family Valuation of Partial Interests - Leasehold, Life Estates, Leased Fee Interests Other - Condemnation Appraisals, Estate Valuations, Divorce Proceedings, Tax Assessment Valuations, Relocation Appraisals, Churches, Value Estimates for Damages from Infestation and Boundary Line Disputes APPRAISALS CURRENTLY ACCEPTED AT: First Maryland Bank Fulton Bank First Union Dauphin National Bank PNC PA State Bank Mellon Bank Other Clients: Mid Penn Bank Spring Grove National Bank Adams County National Bank Harris Savings Bank Lebanon Valley National Bank Bank of Hanover Commerce Bank Numerous Local Attorneys Dauphin Assessment Office Messiah College Local Commercial & Residential Developers Hershey Foods, JLG Industries Lower Allen Township and other Municipalities and Corporations EDUCATION STATEMENT "The Appraisal Institute conducts a voluntary program of continuing education for its designated members. MAls, SRPAs & SRAs who meet the minimum standards of this program are awarded periodic educational certificates." I, George C. Clauser, am currently certified under the SRA Program. HARRY M. LEISTER, JR. Educs.tion Record Graduated 1951 Fayette Township High School, McAlisterville, Pennsylvania Bachelor of Science (January 1956) Susquehanna University, Selingsgrove, Pennsylvania Graduate Study in Mathematics (1956) Bucknell University, Lewisburg, Pennsylvania 1961 Fellow of Society of Actuaries (By examination), Chicago, Illinois Working Record 1956-1963 Actuarial phases of ordinary, group life, accident and health group pensions, etc. Connecticut General Life Insurance Company, Hartford, Connecticut 1963-1968 Actuary, Farm Family Life Insurance Company, Albany, New York 1968 - Present Consulting Actuary, Conrad M. Siegel, Inc., Harrisburg, Pennsylvania Professional Memberships Fellow of the Society of Actuaries Member of the American Academy of Actuaries Testified in Court Approximately 600 Times Exhibit "B" i A Conrad A Sicgel, Inc. Actuaries/Benefit Consultants "-? -'? - 501 Corp"rntc Circlc • P.O. [lox 5900 • Ilarrisburg, PA 17110.09(H) PHONE (717) 652-5633 • FAX (717) 5,10.9106 . www.c,nsbcnefilx.ann Conna hf. Siegel. r.S.A, carry M. I<iner. )r.. RS A. March 12, 2001 ndan 5. Sann. F.S. A. CIA' e. Gingrich. KS A End L. M1lonmrrt. M1I.A.A.A Sandra L. MeilLon, Esq. noM" J. ITdan. A5 A. Tucker Arensberg & Swartz f,WV..slirung.AXA 111 North Front Street KeMn J. M1trank. FS A. P.O. Box 889 °'"'d n. Ki°iek, rs ^. Harrisburg, PA 17108-0889 Jeffrey S. Alyers. CS. A. Timms l_%lmmmman. P.S.A. Re- Arlene Byers Glenn A. carer, RS A. Kc6n A. nrh. K&A.j Dear Ms. Meilton: Frank S. Khrxks. FS A . .A C.A.S. a"ny A. no,a. RS A. You provided me with the following information concerning Arlene Byers: charks n. rnedlamkr, F.S.A. John w.Jef6ey.A.S.A. j 1. Date ofbirth -April 26, 1947. Denim M1I. I'nlin. r.S.A. Thnmasw.neese.ASA. 2, Service computation date - November 21, 1966. Janet M. l<ymeister, Cent i Fl k A B 3. Date married -September 7 1969 ac . ono% A.S.A. , . Jonathan L). Cnnkr. A.S.A. 4. Date separated -March 1 1999 John O. Vargo, A.S.A. , . i 5. Accrued monthly pension as of March 1, 1999 - $4,082. 6. High three-year average salary - $80,635. Currently, Arlene Byers is 54 years of age (age nearest birthday). The Civil Service Retirement System (CSRS) is a defined benefit pension plan. The figure that is marital property for divorce purposes with respect to the defined benefit pension plan is the present value of the pension earned during the marriage. As previously indicated, Arlene Byers had accrued a monthly pension as of the date of separation of $4,082. Since this benefit takes into account 2.79 years of service before the date of marriage, it is necessary to multiply by a "coverture fraction" in order to determine the portion of the pension earned during the marriage. The numerator of the "coverture fraction" is 29.48 (the years from the date of marriage until the date of separation) and the denominator is 32.27 (the years from the service computation date until the date of separation). Thus, the "coverture fraction" is .91 (29.48 divided by 32.27). The portion of Arlene Byers' pension benefit earned during the marriage is $3,715 ($4,082 multiplied by.91). Exhibit "c" i' f•i -23A' Conrad M. Siegel, Inc. Sandra L. Meilton, Esq. March 12, 2001 Page 2 While Arlene Byers is covered under the Civil Service Retirement System, she is not covered for Social Security benefits. In accordance with the Cornbleth vs. Cornbleth decision, it is necessary to calculate what her Social Security benefit would have been if she had been covered for this benefit. On the basis of the earnings information previously indicated and assuming the previous earnings increased in accordance with the increase in the U.S. average salaries and taking into account an appropriate coverture fraction, the estimated Social Security benefit attributable to the marriage to start at age 65 is $1,136 per month. Pursuant to our telephone conversation, I made calculations for retirement at age 65. The following table shows the present value of the pension earned during the marriage: Present Value of Benefits Retirement Earned Durin Marriage Social Age CSRS Security Net 65 $312,337 $95,519 $216,818 The Social Security benefit and the pension benefit provided by the Civil Service Retirement System are indexed. What this means is that each year the benefit increases in accordance with the Consumer Price Index. The above figures are based on the assumption that the Consumer Price Index would increase at the rate of 3.0% per year. The Consumer Price Index increased on the average at the rate of 5.17% per year over the last 30 years, 4.24% per year over the last 20 years and 3.00% per year over the last 10 years. The present value computations have been based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 6.4% per year for 20 years followed by 6.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table for males, rated six years for females. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation are appropriate for the purpose of determining the present values. With best regards, Yours sincerely, Har M. Leister, Jr. I. A. Cons Iting Actuary HML:kad i? F__._ CERTIFICATE OF SERVICE AND NOW, this !l day of ? 4?0-5'74- , 2001, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by first class mail, postage prepaid, addressed as follows: John J. Krafsig, Jr., Esquire 2921 N. Front Street Harrisburg, PA 17110 I've, <, Gloria M. Rine 42257.1 W. GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE ASSETS OF THE PARTIES Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ( X) 1. Real Property ( X) 2. Motor vehicles ( X) 3. Stocks, bonds, securities and options ( X) 4. Certificates of deposit ( X) 5. Checking accounts, cash ( X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( X) 9. Life insurance polices (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( X) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( X) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans L ( X) 18• Pension plans (indicate employee contribution and date plan vests) ( X) 19• Retirement plans, individual Retirement Accounts ( ) 20• Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( 23• Education benefits ( X) 24. Debts due, including loans mortgages held ( X) 25• Household furnishings and personalty total category and attach itemized list cisdattached hereto ( ) 26• Other i r GALEN C. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ARLENE E. BYERS NO. 7641 CIVIL TERM, 1999 , Defendant IN DIVORCE ASSETS 1. REAL PROPERTY: (a) 58-A York Road, (58 acres approx.), Carlisle, Cumberland County, Pa. - Acquired by Galen per Agreement of Sale in 1966 for $40,000 and one-half was paid before marriage and upon balance paid, both names were placed on the Deed. 14 Acres ......... $126,000 1.12 Acres ....... $ 35,000 24.65 Acres ...... $220,000 14 Acres (Shugart Rd.)...$169,000 $550,000.00 (b) 286 S. Locust Point Rd., Mechanicsburg, Cumberland Co., Pa. (4 apt. units) - Acquired in 1985 in the sum of $210,000 from farm money and rentals received from said real estate, which was deeded in both names,and there is a mortgage balance of approx. $70,000 $241,000.00 (c) 319 Walnut St., Boiling Springs, Cumber- land Co. Pa. - Acquired in 1995 in the sum of $85,000 from farm money, which was deeded in both names $ 84,000.00 : V_ (d) 901 W. Trindle Rd., Mechanisburg, Cumberland Co., Pa. 17055 - Acquired in 1985 in the sum of $128,000 from farm money, which was deeded in both names. (Note: Value of Lot in (e) is not included) $125,000.00 (e) Lot w/sewer & water on W. Trindle Rd., Mechanisburg, Pa. - which property was a part of (d) 901 S. Trindle Rd. $ 50,000.00 (f) 150 Byers Road, Carlisle, Cumberland Co., Pa. - 99 acres with house & farm w/out bldgs. - Purchased in 1973 for $75,000 with farm money, in both names (Note: Value of Lot on W. Trindle Rd., a part of this property, is not included, but is set forth in (g) $800,000.00 (g) Lot on W. Trindle Rd., a part of (f) when acquired, in both names $ 50,000.00 2. MOTOR VEHICLES: (a) 250 Ford Truck - Titled in Plaintiff and purchased by him from money acquired from farm machinery sold after Plaintiff reconditioned the same - Purchase price $28,000,'but there is a lien in the sum of $23,000 through Orrstown Bank by Plaintiff; and therefore Plaintiff's property only $ 5,000.00 (b) Defendant owns a vehicle (believed to be an Exployer) that was purchased prior to separation in Defendant's name only; other information as to any other vehicles is unknown, therefore, she will need to supply this information Unknown 3. STOCKS, BONDS, SECURITIES AND OPITONS: (a) Savings Bonds that were in the name of Plaintiff, which were turned over to the Beth the parties child for her college education by the Plaintif June 3, 1999 ($ 23,844.80) Savings Bonds believed to be owned by Defendant, but value is not known to the Plaintiff Unknown ` ) t t (b) Stock, securities and options are believed to be owned by the Defendant, in Dean Witter, or any other broker, but information is unknown to Plaintiff Unknown 4. CERTIFICATES OF DEPOSIT: It is believed there are Certificates of Deposit purchased during marriage, but amounts, etc. are unknown to the Plaintiff. 5. CHECKING ACCOUNTS, CASH: (a) Galen Byers in the Adams County Bank, for farm business, opened approx. 1961, in order to buy equipment, supplies, livestock, etc. It was also used for rents received, repairs, taxes, etc.; with approx. balance of $38,000. at time of separation and closed after separation, with a balance of $886.80 on 8/31/99. (Note: Moneys were drawn from this account by the Defendant) $ 886.80 (b) Arlene Byers is believed to have a checking account, but the name of the institutions, and/or account numbers are unknown to the Plaintiff Unknown 6. SAVINGS ACCOUNTS, MONEY MARKET AND SAVINGS CERTIFICATES: (a) Savings Acct. #106212004, with Orrstown Bank in the name of Plaintiff, which was transferred from Trust Account for Galen Byers in the PNC Bank 6/30/99 $182,000.00 (b) It is believed the Defendant has accounts in her name and/or with third persons, but information is unknown to the Plainitff Unknown 8. TRUSTS: (a) Trust Account in Orrstown Bank in the name Galen only, estatablished 1986 with PNC Bank, from the sale of farm equipment he restored then transferred to Savings Account 6(a) ($182,000.00) 9. LIFE INSURANCE POLICIES: (a) Galen with the beneficiary Muriel Byers, his mother, on the life insurance policy, in the amount of $12,000 presently $ 12,000.00 (b) Arlene has a life insurance policy with her employer in the present amount of $ 96.000.00 the beneficiary is unknown, however it was the Plaintiff before separation (c) Galen has no other insurance policies, but it is believed that the Defendant has other policies Unknown 11. GIFTS: (a) Galen - See attached list (b) Arlene - Unknown to the Plaintiff Unknown 14. PERSONAL PROPERTY OUTSIDE THE HOME: (a) Galen - See attached list 18. PENSION PLANS (a) Galen (Plaintiff) - None None (b) Arlene (Defendant) has a pension plan with employer, however the value of the same is presently unknown to the Plaintiff Unknown 19. RETIREMENT PLANS, INDIVIDUAL RETIREMENT ACCOUNTS: (a) Galen (Plaintiff) does not have any such Plan. None (d) Arlene (Defendant) is believed to have an individual retirement plan and/or retire- ment account, i.e. IRA, ROTH, etc., but the value of the same is unknown to the Plaintiff Unknown 24. DEBTS DUE, INCLUDING LOAN MORTGAGES HELD (a) Mortgage on 286 S. Locust Point Rd., Mechanicsburg, Cumberland Co., Pa. (4 unit apartment bldg.) - acquired in i YR 1985 for the sum of $210,000.00, with a mortgage balance of $70,000., being deeded in joint names, but the rental from the property is supposed to pay . the mortgage and Galen was doing any maintenance to the said property, which the farm account had paid for. However, since the separation, Arlene has been receiving the rental moneys and it had not been paid into the farm account as it usually had been the past to pay the mortgage, taxes, etc.; and therefore status is unknown to Galen $70,000.00 (b) Services rendered to Byers Road to increase a 2-car garage to 4-car garage by the Plaintiff, at the request of the Defendant in Nov. 1998 and the Defendant (Arlene) had promised to pay the Plaintiff for his services and supplies $18,000.00 25. HOUSEHOLD FURNISHINGS AND PERSONALTY HELD: (a) Items held by the Plaintiff, belonging to both parties, to wit: J.D. 6400 tracter, $24,000; Hay Buster Drill $4,000.; Wagon and a Forge Wagon, $800, which the Defendant uses for the farming (b) List attached as the items in the possession of the Defendant, belonging to both parties 26. OTHER: MARITAL ASSETS HOUSEHOLD GOODS AND PERSONALTY (Values unknown, it is believed Defendant had these items appraised) Dish washer 2 Microwaves Refrigerator Old table with 4 chairs 4 bar stools Dishes, cooking utensils, pots & pans, etc. Old 4 legged oak table Table with 6 chairs Hutch Portable TV High Chair Strawberry Fair Dishes Other china & dishes - antiques Tea Cart End table Potted Plants Air conditioner File cabinet (4 drawers) big desk Computer - Fax Big screen T.V. Lazy Boy Chair Entertainment Center Book case 2 stuffed chairs Antique sleigh Couch 2 End tables Baby cradle - Antique 2 Lamps 2 Rocking Chairs- Painted milk can Piano Dry sink Washer Dryer Rainbow sweeper Roll top Desk Chest of drawers 2 End tables Mirror Antique - Antique Rocking chair Freezer chest 2 Push lawn mowers -- - , ,-? Weed eater 2 Big cupboards 1 Dresser Chest of Drawers Water Bed 2 Night stands Small drawer chest Antiques - Pictures and other misc. small items MARITAL PROPERTY OTHER MISCELLANEOUS ITEMS IN POSSESSION OF THE DEFENDANT, ARLENE BYERS (a) 1998 Federal Income Tax Refund - Deposited it in joint account with Farmers Trust Co., but the Defendant made a withdrawal of $7,300. from the account. (b) Rentals of all properties, since the date of separation March 1999 to the present date. (c) International tractor a lawn mower of a value of $9,500.00 NON-MARITAL ASSETS OF PLAINTIFF (a) Real Estate situate at 1441 Cockey's Meadow Drive, Boiling Springs, Pa. 17007, which was purchased after separation in 1999 in the amount of $93,500.00, in which there is presently a mortgage with Orrstown Bank, with a balance of approximately $88,000.00. (b) A 250 Ford Truck in Galen's name only, as it was purchased by him, for the sum of $28,000.00 and the balance due on the same is approximately $23,000.00, which is presently in the Plaintiff' possession. (c) Certificate of Deposit issued to Plaintiff in the amount of $100,000 presently, at the Orrstown Bank on 4/29/99 (Sale of farm equipment, that was rebuilt by the Plaintiff and subsequently sold) $100,000.00 (d) Entitled to an interest equivalent to the $20,000.00 of the $40,000.00, or one-half, that Galen paid for the real estate before his marriage, situate at 58-A York Road, Carlisle, Cumberland County, Pennsylvania. (e) Farm Equipment purchased after separation, to wit: Disk Harrow, $450.00 from Kimmel Farm Sale; Wagon, $300. from Kimmel Farm Sale; Disk Harrow, $900.00 from Marion; Sprayer, $1,200.00 from Mr. Ruppert; Cut off saw, $240.00 from TSC; 8 Ton Flat Wagon $500.00 at Kimmel Farm Sale; Green Dump Bale Wagon, $1,200.00 built in shop; New Holland Self Unload wagon, $165.00 from Kimmel Farm Sale; Red 10 Ton Wagon $400.00, from Kimmel Far Sale; 8 Ton Wagon in Shop for parts, $250.00, Harvey Hoover; Geal Forage Wagon $400.00 from Kling Sale; New Holland Grove Wagon $400 from Roy- Coover; JD 8 Row Bean Planter, $4200, Green's Sales; Gehl Hammer Mill, $325., Marion Sale; 20 ft. Trailer (New), $4,500.00, R&W Equipment; Oliver Loader, $175.00, a Farm Sale; Gehl Harvester, $375., Kimmel Sale; J.D. 337 Baler, $4,900., C.V. Produce Sale; 36 ft. Bale Elevator, $750., Farm Sale; Oliver Tractor 1755, $7,400, Martin. l'I (g) Gifts to the Plaintiff in the marital home, where the Defendant is presently residing, to wit: Lazy Boy Recliner, $250.; Weather Moniter, $30.; Skinning knife, $70.; Meat saw, $25.; Wagon Seat Bench, $175., gift (antique) from his Dad; Guns, that were his, including his childhood gun: Remington 22, Remington 16, 410 Rifle and 270 Rifle, together with gun cabinet his uncle made and gave him as a gift, values unknown; The "Byers" Family papers; Home made soap in attic, by his mother; Galen's toys, tracters, implements, metal; Galen's wooden train (First train), $1500.; Star Barn pictures, etc.; picture of York Road Farm, $300.; Galen's toys in attic, $500; Dinner Bell from farm $200.; Galen's Yearbooks from school, Diploma, Birth Certificate and any other important personal papers; Coins in safe that was his mother's (quarters, silver dollars, etc.). (h) Gifts to Plaintiff (Galen) presently in his possession, to wit: Oliver Tractor, $3,000, and Flat wagon, $400, from his father; Shop tools: S.K. Sockets - $100; Snap Ring, $25; Bars, $15.; Air Tools, $25.; wrenches, $25.; screw drivers $20.; Tool Chest, $200. and Tables $20. from Ivan Cassette (i) Checking account in Orrstown Bank, opened after separation 8/31/99, known as a "Farm Account" for him to purchase seed, equipment, supplies, etc. for the farming business $53,000.00 . •• The Plaintiff, Galen C. Byers, verifies that the state- and Plaintiff's Income & Expenses ments made in the Inventory/are true and correct to the best of his knowledge, information and belief: and also understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to falsifications to authorities. Dated: Janury 31, 2001 Galen C. Byers; Plaintiff . . CERTIFICATE OF SERVICE „ f AND NOW, to wit, this Zz day of February, 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the foregoing documents, i.e. Plaintiff's Income and Expense Statement and Assets of the Parties, upon the following person or persons and in the manner indicated below which service satisfies the requirements of the Pa. Rules of Civil Procedure, to wit: Service by regular mail, through the united States Post Office, postage prepaid to: Sandra L. Meilton, Esquire P.O. Box 889 Harrisburg, Pennsylvania 17108 n J. c afsig, s i e ttorne for Plai if , Galen C. Byers 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 GALEN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ARLENE E. BYERS NO. 7641 CIVIL TERM, 1999 , Defendant IN DIVORCE INCOME AND EXPENSES OF PLAINTIFF, GALEN C. BYERS INCOME: Employer: Self employed Address: 1441 Cockey's Meadow Drive Boiling Springs, Pennsylvania 17007 Employment: Farmer Income: Approximately $54,960.00 for 2000 (*Note: Income varies years to year from $20,000 to $50,000, depending on weather, disease, equipment replacement, repair, prices for crops, etc.) Deductions from Employment: Federal Withholding $ 3,400.00 Social Security Local Wage Tax State Income Tax $ 665.00 Retirement Savings Bonds Credit Union Life Insurance Health Insurance (*Note - presently covered with wife's health insurance, which will cost me approximately $3,120.00 annually presently) Other Net Income from Employment ........... $50,895.00 P:-% Other Income: Interest - Annually $ 7,539.86 Dividends Pension Annuity Social Security Rents (Arlene retained all rentals for the real estate, after separation) Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation Total Other Income ................... $ 7,539.86 TOTAL ANNUAL INCOME $58,939.86 ti1F4 EXPENSES: Home: Taxes: Mortgage (Monthly - $840.48) Maintenance Electric (Monthly - $43.00) Oil Telephone (Monthly - $63.00) Water (well) Sewer (septic cleaning) Trash Furnance (new) Real Estate (Galen's home and York County farm) Personal Property Tax Occupational Tax Insurance: Homeowners Health *(Blue Crosss & Shield - Galen will be responsible for when he no longer covered under Arlene's insurance) Auto/Truck Life Automobile/Truck: Payments (Monthly - $532.49) Gas (Monthly - $160.00) Repairs, Oil, License, etc. Medical: Doctor (Monthly - $45.00) Dentist Orthodontist Hospital Medicine & Prescriptions Glasses, etc. Education: None *(Other than turning Savings Bonds for Beth's Education $23,844.80) $10,085.76 $ 500.00 $ 516.00 $ 1,200.00 $ 756.00 $ None $ 85.00 $ 160.00 $ 5,100.00 $ 3,096.55 $ 267.76 $ 10.00 $ 263.00 ($3,120.00)* 793.00 228.82 $ 6,389.88 $ 1,920.00 $ 950.00 $ 540.00 $ 325.00 $ None $ None $ 600.00 $ 200.00 over the Miscellaneous Expenses: Farming expenses (Varies year to year) Year 2000 Personal: Clothing Food (Monthly - $280.00) ($ None) * $37,840.34 $ 1,200.00 $ 3,360.00 z ,5M. Barber Credit payments: Credit Card (Mastercard & AT&T) Miscellaneous: Household help Child Care Paper/Books/Magazines Entertainment T.V. - Cable Vacation Gifts Legal fees (divorce, suit/sewer) Charitable Contributions Child Support Alimony Payments S 96.00 $ 575.00 $ None $ None $ 238.00 $ 500.00 $ 347.76 $ 800.00 $ 500.00 $ 9,000.00 $ None $ None $ None Lunches (When working - Monthly $80.00) $ 960.00 Other $ Total expenses ..................................$89,403.87 ?ar? 1 ASSETS LISTED IN GALEN'S PROPOSAL ASSET VALUE 150 Byers Road Farm $762,500' 150 Byers Road Farm contents 12,2202 319 Walnut Street 86,000 901 W. Trindle Road and lot 190,000' 286 Locust Point Road 195,000 Acreage 487,000 York Road Lot 35,000° Civil Service Retirement (CSRS) 216,000 PNC Account 180,000 York Springs Account 140,000 Farm Equipment 28,800' Lawn Tractor 4,500 1931 Ford 17,000 1996 Ford Explorer 12.000 $2,366,020 ' Value acceptable provided it includes the 3 acre lot listed as 1(g) on Galen's Inventory and Appraisement. 2 Arlene's appraiser values at $8,520. Galen's appraiser values at $15,920. Will agree to split difference, i.e. $7,400, to reach $12,220. ' Arlene's value of $190,000 is based on an offer received to purchase. Her appraisal is $186,000. 4 Value is acceptable to Arlene only if Galen keeps the lot. 5 In settlement proposal, Galen says $26,000 but 25(a) of Inventory and Appraisement says $28,800. I ASSETS FROM GALEN'S INVENTORY AND APPRAISEMENT - NOT LISTED IN PROPOSAL ASSET VALUE 1999 Ford Pick up truck $5,000.00 MONY Life insurance (CSV) 2,874.99 MONY Life insurance (CSV) 23,399.33 Galen's business' 29,030.00 Orrstown Bank (CD) 100,000.00 Thrift Plan 67,076.00 Galen's checking account 38,000.00 Orrstown Bank' 53.000.00 $318,380.32 Inventory and Appraisement of farm equipment listed in nonmarital assets (e). 'See nonmarital assets (i). -2- To Arlene 150 Byers Road Farm $762,500.00 150 Byers Road Farm contents 12,220.00 W. Trindle Road lot 40,000.00 Civil Service Retirement (CSRS) 216,000.00 14 Acres - Acreage 121,000.00 1996 Ford Explorer 12,000.00 Lawn Tractor 4,500.00 319 Walnut Street 86.000.00 Thrift Plan 67,076.00 Arlene's Total To Galen 901 W. Trindle Road without lot $150,000.00 286 Locust Point Road 195,000.00 Acreage (balance of 44 acres) 366,000.00 York Road Lot 35,000.00 PNC Account 180,000.00 York Springs Account 140,000.00 Farm Equipment 28,800.00 1931 Ford 17.000.00 1999 Ford Pick up truck $5,000.00 MONY Life insurance (CSV) 2,874.99 MONY Life insurance (CSV) 23,399.33 Galen's business 29,030.00 Orrstown Bank (CD) 100,000.00 Galen's checking account 38,000.00 Orrstown Bank 53.000.00 Galen's Total 3- $1,254,220.00 $ 67.067.00 $1,111,800.00 $ 251,304.32 $1,321,287.00 $1,363,104.20 GALEN C. BYERS, Plaintiff V. ARLENE E. BYERS, Defendant . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7641 CIVIL TERM . CIVIL ACTION - LAW . IN DIVORCE INVENTORY AND APPRAISF.MENT OF ARLENE BYERS I, Arlene E. Byers, file the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. I verify that the statements made in this inventory and appraisement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. L / rlene E. ers, D endant ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles (x) 3. Stocks, bonds, securities and options (x) 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (x) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home (x) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award (x) 17. Profit sharing plans (savings and thrift) (x) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts r ?y.. ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other E ? a a O p 0 o g ?? ?$ ?ilk 10 L? TJ a N O Q VI O Q U O Q O Q V? N VI Q 0 Q O O n a >I Q m a ? o o >o? w ? me O ? ? r m J a t $?m 9,6 ion ?. s 5. a N as m z s 25 v ° 5 I u ? a ? 3 5 L^ c c fs' t = ? Z a ? c O E Q Q a Ea Al a s a `Z yy y g F- m g Ilj a F6 jN? ?? 5'b o 3Y! ?? .?p E o c I p a U V V (V 4 lV F-??UYN 11PRI11111124,12IM& ?M§ Jill woun I Plum ?M1 loll §P11115,11 I num i x:e:sR ?`EI4`s4I4? I I! '!( ' ??'s? I I i i 'gg pp < ? 0_1 PIP-1 log- ivo ?' €~ ARM N SF.. s3?.88?3??ORH 4c rigs 1111 14444 3333333339131111 IM 333333311'3333 ? lips j ? PIR $ I>r ; pill Napalm I un"'Al . i pig gill 88 IME 1188O8PSSM gill ?> kp53?iQ?gk ? 3 ? >88888$ m is (? ?P '?17 ? ! ? ! (? ? wWfJ tM I i ' ! ! bbbb?L$ f' I ? ? gal IA? iii&s? gg i. ttal? N ia? ii$3338WW?? 3333333i?? 333333338 `? 121111 .$as?"M1I . 1 • 7 r 1 i ' ?/L:I.i 11,f ,V v: Ci n.uciilw S?.nom CD ri ra gee L p li i i ?? ? 3 ! I I ?8. I (I IA .I 1 (8 II IIII I? I I I + 98????46?n R9R@ Nst??8?&?Y? s1316'J 13 333333333331H???? ?'?'?'?'33333333333??? ?'33333?????? $?sii? + T a I ! ( 19 ( bb bbt,tt?.'? ' ( I I 1 ( 1 R??ult^.??l?R/?6 G?CSi 32RR &&&&&&c xxxx g0g HHsi??B'® 1 ??853?SSisfiia?? .9,11111112 gB 11IM112>a I-'tS ? U Y N 1 a:1 :C ?lBCC G O ?I W aN >I N NO C ? V O N 8 y{ ? ? O }2 ? Q w w.. LI 8 m N O N 8O IN y^j C 9y n H ? O tO? Vj 5 yy a 1O N ? ? Q Q W a Y 75 ?m_ g c ? o r? ? w y YY m N m^ m 6 d O a N LL! p a sd t3yq?. y d ? ? ? jai y ? .C p`w 0 ?K CJ ? Q IL Q tL `L Q y v O U S f?7 H {L x bl p N b YI b tG Oi ? ? a0 Vi N N N yN W N N W iJ APPRAISAL Personal Properly of 4Q / cdi L ", _ _ _ . - - K W C a J t 2 O Z •? a?{ m W c d O JI C a = `0 4 i5 Ti a ? v > O a '? c c > m `o U ? ¢ `s d ? Q a X Q d W Z O I a ` o IO L N ? c VVC 3 H v a ? ? a,y 'a ''033 L a' o ?' n 3'' S? c `rd c a a ? m "' 5 9 ?' a O o Z U . .. tq v i E l E 0 N F Q ya v Y g $ E w yy .N SU m a a c O LL w ayEZ o a ry G O 6 -O C N U O •O ?N V La U a .6 N Z O 6 N a d .L.J ? r O yN 'app a_ O c O 9j a` •z a 5 a d a g g w c ? £ $ 2 Q L P_aU¢o_a 5 ?I: N c; a 'r; 16 K t5 m Send ln4ulrle3 To: STATEMENT OF ACCOUNT 1 A _V MAk S' NEED MONEY FOR CHRISTMAS SHOPPING. IF YOU HAVE A NEW CUMBERLAN P0. D FEDERAL CREDIT UNION NCFCU VISA CARD TAKE A CASH p0X 658 •N D FEDERAL CR ADVANCE AT ONLY 10.9X. DON'T (717) 774.7706 • 1 (800) 716.2328 A 17070 HAVE OUR CARD? CALL TODAYf ARLENE E BYERS Joint owners 150 BYERS ROAD CARLISLE PA 17013 "a' R V Dp 1106 A F Z s IALAW. SI-PRIMARY SNARES 1110 >r'o A IIALMIT ar nuu:uwa FA TR36252622 PAYROLL DEDUCTION 11 1 0 ¦ uee lR" 310 ipw u,AA 033 ATH W/0 11 2 4 A NAaaaT F U YATMEC14NtoeawarA TR35205966 PAYROLL D EDUCTION 033 1329 Taus ate iFaP UA um ATM W/D 1130 ; aao a UAUAJT er " _ TR36259345 eEU10 FA DIVIDEND ANNUAL PERCENTAGE RATES 2.75 ANNUAL PERCENTAGE 30 YIELDS 2.78 NEW BALANCE DIVIDEND IS CALCULATED USING ;; A DAILY BALANCE METHOD. 01 0 1110 W T RA NA B MONEY MARKET PAYROLL DEDUCTION 1124 uac 033 ama ate /"' U PAYROLL DEDUCTION 1120 uee TAUS ale iFao aAtAn 033 PAYMENT 1230 DIVIDEND ANNUAL PERCENTAGE RATES 3.93 ANNUAL PERCENTAGE 1130 YIELDS 4.00 NEW BALANCE DIVIDEND IS CALCULATED USING A DAILY BALANCE METHOD. 1101 1110 1 PAYLIL"DEDU?CTT pN? SIGNATURE 1M 124 ' 130 PAYROLL DEDUCTION 033 . 033 NEW BALANCE-PERIODIC RATE.033973X >> ANNUAL RATE 12.4009 « PERCENTAGE U EOU11 TOTAL DIVIDEND YEAR •TO•DATE lar 41 wlnq feepl IflA wlrgA TOTAL FINANCE CHARI ONkenq yyy? II y„Y 710, w111M rrpple0 1• Drt InrerMt flrvnue 6rnW for IMe o4^d"Yeer. NOTICE: SFF revwu side l:w Im 'INDICATES EFFECTIVE DATE Wmnt InlomuSlon. 040870 10g113000 _2 47660 34 1 1 751 Iw fll lq wesela }rtMe071 SM Inqumet So: STATEMENT OF ACCOUNT 2 NEED MONEY FOR CHRISTMAS SHOPPING. IF YOU HAVE A NCFCU VISA CARD TAKE A CASH NEW CUMBERLAND FEDERAL CREDIT UNION ADVANCE AT ONLY 10.9%. DON'T IA. BOX 638 • NEW CUMBERLAND, PA 17070 HAVE OUR CARD? CALL TODAYI (717) 774.7706 • 1 (800) 716.2328 Joint Ownen ACCOUNT Nu ARLENE E BYERS 040870 IAL SECURITY A 206-36-3463 110100113000 I NNNAEI* CREDIT LINE SUMMARY ¦ERMMNN¦ YSE CREDIT LINE S 0.00 REDIT A A LABL 1 0 . 0 1101 PREUM BA AN U CERTIFICATE SM 1110 PAYROLL DEDUCTION 033 -25 1 33788 19 1124 PAYROLL DEDUCTION 033 -25 8 33537 E 1130 NEW BALANCE-PERIODIC RATE 01 7 8 9 33285 0 . 8082% >> ANNUAL PERCENTAGE RATE 6.600% << 285 0 1101 PREVIOUS nA AN CERTIFICATE 1 1130 CERTIFICATE EARNINGS 29.18 2 1 5626 9 ANNUAL PERCENTAGE RATES 6 310 5655 7 . ANNUAL PERCENTAGE YIELDS 6.50 1130 NEW BALANCE (MATURES 072001)6.310% 1101 PREVIOUS RAC RTIFI-AT Z 1130 CERTIFICATE EARNINGS 29.18 2 1 5626 9 ANNUAL PERCENTAGE RATES 6.310 5655 7 ANNUAL PERCENTAGE YIELDS 6.50 1130 NEW BALANCE (MATURES 072001)6.310% ? 5655 i 1101 PR VTOI< A AN CERTIFICATE 1130 CERTIFICATE EARNINGS 29.18 2 1 5626 8 ANNUAL PERCENTAGE RATES 6.310 5655 i ANNUAL PERCENTAGE YIELDS 6.50 1130 NEW BALANCE (MATURES 072001)6.310% 5655 i 1101 PR VTOIC pA A c CERTIFTCATF g 1130 CERTIFICATE EARNINGS 25.00 2 0 5663 ANNUAL PERCENTAGE RATES 5.370 5688 ANNUAL PERCENTAGE YIELDS 5.50 1130 NEW BALANCE (MATURES 072001)5.370% 5688 1101 PREVIOUS mil; CERTIFT AT 1130 CERTIFICATE EARNINGS 25.00 2 0 5663 ¦NCONTTNUEDEE 5688 TOTAL DIVIDEND YEAR-TO-DATE TOTAL FINANCE CHARGE YEAR• f W WI wlryr rrcrpl IRA .1l TOO4TE Olwkls 1 St~. II ar$10, wlll b rrporb! lar WIWm. mlbinwnlflmnu. Wrvwfor Al' NOTICE: SEE rEww Sid, fu lmporunt lnfom tlDn. WNnGV vw. •INDICATEA EFFECTIVE DATE 4103914 Send In4ulrlee To: STATEMENT OF ACCOUNT 3 NEED MONEY FOR CHRISTMAS + (? SHOPPING. IF YOU HAVE A NCFCU VISA CARD TAKE A CASH NEW CUMBERLAND FEDERAL CREDIT UNION ADVANCE AT ONLY 10.9%. DON'T P.O. BOX 658 a NEW CUMBERLAND, PA 17070 HAVE OUR CARD? CALL TODAYI (717) 774.7706 e 1 (800) 716.2328 Joint Owned ACCOUNT NU:ASE ARLENE E BYERS 040870 SOCIAL SECURITY A 206-36-3463 STATEAIENTFERIOD Fmm To 11010 113008 1130 1101 1130 1130 1101 1130 1130 TOTAL DIVIDEND YEAR-TO-DATE 1990.31 TOTAL FINANCE CHARGE YEAR•TOOATE 2246.88 la WI wlnq eLL'pt Iq DMldxtlr e101M, II pw f10, w01 b rNrarled w W Inwrul Rpenre 6enW for NU rale11d1IYw. 'INDICATES EFFECTIVE DATE FINAN CE CHAR GE ANNUAL PERCENTAGE RATE: 5.370 ANNUAL PERCENTAGE YIELD: 5.50 NEW BALANCE (MATURES 072001)5.3709 5688 PREVIOUS BALANCE CERTIFICATE 4 CERTIFICAT 5663 E EARNINGS 25.00 2 0 5688 ANNUAL PERCENTAGE RATE: 5 370 . ANNUAL PERCENTAGE YIELDS 5.50 NEW BALANCE (MATURES 072001)5.370% 56SE 91, PREVIOUS RA AN. RTIFI AT Z 5681 71 CERTIFICATE EARNINGS 26.15 2 1 5707 09 ANNUAL PERCENTAGE RATES 5 600 . ANNUAL PERCENTAGE YIELD: 5.75 NEW BALANCE (MATURES 012001)5.600% 5707 3d A w4NL NOTICE: See rpYN dde for Imputmt In/arrnetlon. i+r;+, JY4T® Send In4elrln To: STATEMENT OF ACCOUNT 1 NEED MONEY FOR CHRISTMAS SHOPPING. IF YOU HAVE A NCFCU VISA CARD TAKE A CASH NEW CUMBERLAND FEDERAL CREDIT UNION ADVANCE AT ONLY 10.9%. DON'T P.O. BOX 656 a NEW CUMBERLAND, PA 17070 HAVE OUR CARD? CALL TODAYI (717) 774.7706. 1 (800) 716-2728 Joint Owners A50 NUMSE 0423 42369 ELIZABETH A BYERS ARLENE E. BYERS SOCIAL SECURITY9 150 BYERS RD 204-60-8598 CARLISLE PA 17013 STATEAtENTSERIOD I 10 10 011 TI. 1033000 1101 1110 1124 1130 1130 1101 1130 1130 i 1101 1130 .. TOTAL DIVIDEND Ir ell wlner ...seat 1 OI.Idendr III... It over 410• waI b,eFrtea So the, WNW Revd.. Srvlu for mi. aYeMer Yrr. •INDICATES EFFECTIVE DATE FINAN CE CHARG E Ej j ? PREVIOUS BALANCE S1-PRIMARY SHARES 352 PAYROLL TRANSFER 040870 5 0 402 Inc "us ato /Fm aALAA PAYROLL TRANSFER 040870 5 0 452 use IDYL ale 1014, S,UR DIVIDEND 9 453 ANNUAL PERCENTAGE RATES 2.75 ANNUAL PERCENTAGE YIELDS 2.78 NEW BALANCE DIVIDEND IS CALCULATED 453 USING A DAILY BALANCE METHOD. PREVIOUS BALANCE S3-MONEY MARKET 1457 DIVIDEND 2 1460 ANNUAL PERCENTAGE RATES 3.93 ANNUAL PERCENTAGE YIELDS 4.00 NEW BALANCE DIVIDEND IS CALCULATED 1460 USING A DAILY BALANCE METHOD. PREVIOUS BALANCE S4-SHARE DRAFTS 26 NEW BALANCE 26 YEAfl•T6DATE 32.60 TOTAL FINANCE CHARGE YEAR•TGDATE 0.00 A wLpa I., MI In.n.. R 6 6 6 6 6 0 e E t t NOTICE: See rev" side Ir Important Informatlon. eteeaex New Cumberland Federal Credit Union P.O. Box 658 New Cumberland, PA 17070.0658 Phone: (717) 774.7706 • 1-800-716-2328 • Pax: (717) 774-7996 • Web: www.ncfcuonlinc.org November 9, 1000 AIRLENE EYER:3 150 BYERS ROAD CAPLISLF: PA 17013 RE: C40370 Dear ARLEN=: O:r auditors, Padden, Guerrini & Associates, P. C., 3425 Simpscn Ferry Road, Ca. • 1, are conducting an examination of the credit union an of _eut?anb•-r 3C :.oo0. lease carefully review and verify the certificate(H) liuced. .... t ,ay are correct, no reply in necNdsanj. Please cute that althougi: you nay :avs share ::rd loan balances with the credit union, we are only. . cor.Art:ir•.mf vour certificate bulance(s). .. :r.,._..:.._ n:m:be.r Amount 5, 596.!;o .. 5,596.60 ? 5,59.5.50 v 5.633.21 5 5,633.'2]. 6 :5, 63u.2i . 5,5$4.91 Any dincrepancy 7hould ba reported dir.cctly to our auditors tile addr^as listed In the first paragraph. No reply is necessary if you agree with the. above intormation. Tlianl: ;•ou E•t•r your cooperation in thi6 audit of your accounts. Sincerely, Dona-a M. 'laner Preside:at/CEO W LL a2 K N W O a s T rJ' g o. 5 gc? E t O `w C a 3 o m r .8 5 0 a F `o _v Nil = q C 0 j m H Y 0 > }a v ? Li c 32 •?`O v f3 > O Q y O HI m 4 EE o ? •c Z `o OI c `w ggB??S S s ? d g os „`?? E o E o. c ' ? OS O?n t ? ? 3 al ri i i ?1 LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. Secured (x) 1. Mortgages ( ) 2. Judgments ( ) 3. Liens (x) 4. Other secured liabilities Unsecured (x) 5. Credit card balances ( ) 6. Purchases (x) 7. Loan payments ( ) 8. Notes payable ( ) 9. Other unsecured liabilities Contingent or Deferred 10. 11. 12. 13. 14. 15. Contracts or Agreements Promissory notes Lawsuits Options Taxes Other contingent or deferred liabilities WI J s 11 1 Cq t ? x a C as a ? S g m S ? d a o ? c c m ? m l .a o 3 3 a p S ? s ° yq L n mQ ?s a Q N in - 3 E Al @ ?` ' ' S S - :g C3 1 t N - `0 25 g a y?? V C J U E= G O M V 1 ?j N h N N J 7 0 = a o m c 16 O m 0 C 3 ?I ? ? aN? c a 9q QQ i o?? s ? ? ¢ N ? a N ¢ N 6 n ? m 83 ?I g m m q a ? _ o0 2 8 < j N O ?cf. A ry V O G 8 Y $ S ? E m o W m ? j? m _ U .-• 2`oU ? ? ZU u.M A ZU m 9 CT N ?y `w •rya m .?a N g 0 W $?¢ 95 a $ D O S N ?L J O U N Tl' ` C • ?p O N C y ry q B J a m m N F y 1 L W m 7 Z dI O Yf 1? A n AND NOW, Gloria M. Rine, Legal Assistant to Sandra L Meilton, Esquire, for the firm, Tucker Arensberg & Swartz, hereby certify that I have, this day, served the within document on counsel for Plaintiff, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 G' Gloria M. Rine CERTIFICATE OF SERVICE this day of 2001, I, 25155.1 Q o 0 F 6 y ? 2 W G X Y v V] ? m Z n z?d?= r.' a a c. r ^W7 O U ,. Q Z ? R: y C Z U s F s GALEN C. BYERS, Plaintiff V. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7641 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT Attached hereto is the Income and Expense Statement of Arlene E. Byers submitted pursuant to Pa. R.C.P. No. 1920.31. Sandra L. Meilton Attorney for Defendant 'I 1 G INCOME AND EXPENSE STATEMENT OF ARLENE E. BYERS INCOME Employer: U.S. Bankruptcy Courts Address: Federal Building 3ra & Walnut Sts. Harrisburcr, PA Type of Work: Clerk of Courts Pay Period (weekly, biweekly, etc.): Biweekly Gross Pay per Pay Period: $ 4.446.40 (see attached pay stub) Itemized Payroll Deductions: Federal Withholding $ 908.36 Med Tax 61.35 Local Wage Tax 44.46 State Income Tax 118.46 Retirement - CSRS 311.25 Credit Union Life Insurance 18.29 Health Insurance 80.91 TSP (Thrift Plan) 222.32 Flex Plan-Med pre-tax 134.62 Fulton Bk Check. acct. 700.00 Net Pay per Pay Period: $ 1,846.38 Other Income: Week * Interest Dividends Pension/Annuity Social Security ** Rents Royalties/Gifts Expense Account Unemployment Comp. Workmen's Comp. Total Month Year TOTAL INCOME $ 4,000.40 (from salary alone) * Interest on C.D. for Beth - approx. $2,000 per year. ** Rental income on marital property on attached sheet. 2 ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS EMPLOYEE EARNINGS STATEMENT B03PAMCWBPAM BIWEEKLY PAY PERIOD 03 ENDING 01/28/ 01 05546 PENNSYLVANIA MIDDLE WI LKES-BARRE 206-36-3463 WG I DUE 06/04/01 DIRECT SALARY 115,612.00 PAY PERIOD EARNINGS REGULAR 80.0 4,446.40 13,186.40 GROSS EARNINGS 4,446.40 13,186.40 PAY PERIOD DEDUCTIONS DEDUCTIONS YTD DEDUCTIONS CSRS RETIREMENT 311.25 940.23 MED TAX 61.35 182.04 THRIFT PLAN PERCENT = .0500 G100% F000% 0000$ 222.32 659.32 FEDERAL TAX MS-S EXEMPT-03 EXTRA-0000 908.36 2,694.94 STATE TAX PA MS-S EXEMPT-04 EXTRA-000 118.46 351.50 LOCAL TAX HARRISBURG MS-S 44.46 131.86 NON-RESIDENT EXEMPT-00 EXTRA-000 OCC TAX HARRISBURG 10.00 HEALTH INSURANCE PLAN 105 PRE-TAX 80.91 228.60 CARRIER BLUE CROSS AND BLUE SHIELD GOV/T LIFE INS. PLAN BASIC 18.29 54.25 FLEX PLAN-MEDICAL PRE-TAX 134.62 403.86 SAVINGS ALLOTMENTS #1 700 #2 0 700.00 2,100.00 NET PAY 1,846.38 CUMULATIVE RETIREMENT DEDUCTIONS 89,282.15 THESE FIGURES REFLECT YOUR TOTAL CUMU LATIVE TSP WIT H THIS AGENCY ONLY AND DO NOT REFLECT TSP BALANCES AT THE NATION FINANCE CENTER CUMULATIVE THRIFT EMPLOYEE DEDUCTION 37,314.04 MESSAGES : THIS EARNING STATEMENT IS BEING PROVIDED TO YOU FOR Y OUR RECORD. PLEASE REVIEW ALL INFORMATION CAREFULLY & NOTIFY THE HUMAN RESOURCES DIVISION IN THE AO OF ANY DISCREPANCY. FAILURE TO NOT IFY THE AO MAY OBLIGATE YOU TO REPAY ANY SALARY OVERPAYMENT THAT RESULTS. THE DEPARTMENT OF' THE TREASURY HAS REQU STED THAT THE FOLLOWING MESSAGE APPEAR ON YOUR EARNINGS STATEMENT: DIRECT DEPOSIT IS FASTER AND SAFER THAN A CHECK, AND IN COMBINATION WITH E-FILE, YOU WILL GET YOUR FEDERAL INCOME TAX REF UND IN LESS THAN HALF THE TIME. v EXPENSES Weekly Monthly Yearly (Fill in Appropriate Column) Home $ $ mortgage/rent $ 500.00 6. 000.00 Maintenance 150.00 1. 800.00 Electric 10.00 120.00 Gas 185.00 2. 220.00 oil 150.00 1 .800.00 Telephone (includes Wife's & Beth's cellular) Water/Sewer Employment Public Trans. (Parking) $ $ 100.00 $ 1.200.00 Lunch 144.00 1.368.00 Taxes Personal 24.93 299.12 Income 181.33 2.176.00 Real Estate (farm) $ $ 225.96 $ 2.711.56 Real Estate (rental prop.)$ $ 480.73 $ 5.768.80 Insurance Homeowners (farm) 118.50 1.422.00 Automobile (Wife & Beth) 155.50 1,866.00 * Price only locked in until June, 30, 2001. (Oil for 2000 was $2,700). ®I; 3 Weekly Monthly Yearly (Fill in Appropriate Column) Life (payroll ded.) $ $ $ Accident Health (payroll ded.) Other (see payroll ded.) Automobile Payments Fuel Repairs Medical * Doctor * Dentist Orthodontist Hospital Medicine 120.00 1.440.00 80.00 960.00 $ $ 450.00 $5.400.00 60.00 720.00 50.00 600.00 Special needs (glasses for 70.00 840.00 Wife, contacts for Beth) Education College - Wife (plus $ $ 40.00 supplies) 767.83 ** College - Beth (plus supplies-Carnegie Mellon) Religious * Expenses are for Husband, Wife and Beth ** funds are paid from Certificates of Deposit 4 $ 440.00 9.213.96 Weekly Monthly Yearly (Fill in Appropriate Column) Personal Clothing (Wife) Clothing (Beth) Food (Wife & Beth) Hairdresser (Wife) Hairdresser (Beth) Credit payments Credit card Memberships Loans $ $ 400.00 $ 4.800.00 $ $ 200.00 $ 4.800.00 380.00 4.560.00 67.00 804.00 35.00 804.00 750.00 7.400.00 5.42 65.00 Credit Union $ $ $ L2-Sicrnature Loan 600.00 7,200.00* L-3 - Cert Secured Loan (Leah's downnavment and Beth's car) 673.32 8.079.84 Miscellaneous Household help $ $ 180.00 $2, 160.00 Papers/books/magazines 40.00 480.00 Entertainment 166.67 2 .000.00 56.00 672.00 Pay TV ** Vacation 333.33 4 .000.00 ** Gifts 333.33 4 ,000.00 * Taxes on real estate ** Includes children 5 Legal fees Charitable contributions Other child support Alimony payments other Appraiser fees Actuary fees Accountant fees TOTAL EXPENSES Weekly Monthly Yearly (Fill in Appropriate Column) $ $ 500.00 $6,000.00 120.00 1.440.00 231.25 2.775.00 43.75 525.00 64.58 775.00 $ $ 9.243.43 $ PROPERTY OWNED Ownership* Description Value H W J See Inventory and Checking accounts Appraisement See Inventory and Savings accounts Appraisement See Inventory and Credit Union _ Appraisement See Inventory and Stocks/bonds Apnraisement See Inventory and Real estate Appraisement See Inventory and Other Appraisement TOTAL $ *H=Husband; W=Wife; J=Joint 6 INSURANCE Policy Coverage* Company No. H W C Hospital Federal Employees Blue Cross Blue Cross (105) R50148014 X X X Other Medical Federal Employees Blue Shield Blue Shield (105) R50148014 X X X Other Health/Accident Disability Income Dental Other H=Husband; W=Wife; C=Child 7 i understand that the statements made herein are subject to the Penalties of le Pa.c.S. §4904 related to unsworn falsification to authorities. rene E. Byers I verify that I have reviewed this form with my client and to the best of my knowledge the answers herein are true and correct. ,'Sandra L. Meil on? (i 2d? - Attorney for Plaintiff 34517.1 CERTIFICATE OF SERVICE AND NOW, this ;? +?d day of OV? C ? , 2001, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm, Tucker Arensberg & Swartz, hereby certify that I have, this day, served the within document on counsel for Plaintiff, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 `oaf r A4 Gloria M. Rine r 34517.1 3,.,, J ` _:-r.: ? _ ? F - .. ? r r F GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7641 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of (3 2002, the economic claims raised in the proce dings havi g been resolved in accordance with a property settlement agreement dated January 23, 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, cc: ?John J. Krafsig, Jr. Attorney for Plaintiff ?Sandra L. Meilton Attorney for Defendant i Geo'g E. Qofffer, P J. v?9az 'mss ip _:- . 02.1'1:'' " i': GALEN C. BYERS, Plaintiff V. ARLENE E. BYERS, Defendant PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7641 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE Defendant herewith withdraws the Petition for Immediate Relief filed on or about April 23, 2001. The hearing before the Honorable Kevin Hess for Monday, June 11, 2001 is, therefore, cancelled. Respectfully submitted, 'Sandra L. Meilton, TUCKER ARENSBERG & SWARTZ 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE AND NOW, this 0 day of JUn-e 2001, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by first class mail, postage prepaid, addressed as follows: John J. Krafsig, Jr., Esquire (also sent via fax) 2921 N. Front Street Harrisburg, PA 17110 ri M. Rine 40515.1 . air - .1 1 ? - l la lL O _ j u GALEN C. BYERS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ARLENE E. BYERS, NO. 7641 CIVIL TERM, 1999 Defendant IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES AND NOW, comes the above mentioned Plaintiff, by his lawful counsel, John J. Krafsig, Jr., Esquire, who answers the Defendant's Petition, as follows: 1. Paragraph 1 is fully denied; and contains no specifics, other than a mere generality, which is untrue. By way of further answer, it has been an inordinate delay by the Defendant to provide necessary information to proceed ahead, that has caused the Plaintiff unnecessary counsel fees and expenses, for which a Petition in behalf of the Plaintiff is presently being prepared for presentation to the Court. 2. The Plaintiff asserts that the allegation in his opinion, is a sham; and that the Defendant knew before filing - 1 - this Petition, that she currently earns $115,000.00 a year with the United States Bankruptcy Court, has numerous fringe benefits, including a substantial pension; in which the Plaintiff, a farmer, earns approximately $54,000.00 a year (varies year to year) and has no pension and none of the fringe benefits that the Defendant enjoys. By way of further answer, the Defendant has been in con- trol of the receipt of thousand of dollars of rental moneys from marital properties. In addition, the Defendant has committed herself to a very substantial purchase of real estate in Allegheny County in excess of $200,000.00 and the said request is incredible and a part of an on-going vindictive course of conduct pattern by the Defendant. By way of further answer, the Defendant has not only been on par in defending her rights; but has such substantial moneys that she has been able to maintain herself, living presently rent free in the marital home and has fully been able to maintain her rights in this proceeding. Further, there is absolutely no actual need for alimony pendente lite, counsel fees or expenses, nor has any been set forth to the Court, to establish any merit to this claim, which is totally devoid of merit; and said claim is contrary to the Appellate Case Law of this Commonwealth. WHEREFORE, Plaintiff moves your Honorable Court to deny the said Petition forthwith; and A. Additionally although the Defendant knows the -2 - r. ..r ?., Ind - parties have been separated in excess of two continuous years, has refused to acknowledge the same; and then ask the Court to dissolve the marriage between the Plaintiff and Defendant, which is overdue; B. There is no justification of any award of any alimony pendente lite, counsel fees and costs, as requested by the Defendant in her prayer; and C. That the Court order and direct there is no merit or justification to the said Petition. Respectfully submitted, J n J. Vafsig, JTr.,/ quire A torney for Plai ti v 921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 Dated. o2l3 - , 2001 - 3 - VERIFICATION AND NOW, to wit, this _ J0IZ day of July 2001, I, Galen C. Byers, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Answer to Defendant's Petition for Alimony Pendente Lite, Counsel Fees and Expenses, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Galen C. Byers; Plaintiff a _. . CERTIFICATE OF SERVICE AND NOW, to wit, this 6 " day of July, 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the foregoing document, i.e. Plaintiff's Answer to Defendant's Petition for Alimony Pendente Lite, Counsel Fees and Expenses upon the following person or persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, to wit: Service by regular mail, through the United States Post Office, postage prepaid to : Sandra L. Meilton, Esquire 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 AeEs n J. rafsig, Jr.re ttorne for P1 '-fiti 2921 N th Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 GALEN C. BYERS, Plaintiff V. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7641 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRE-TRIAL STATEMENT AND NOW, comes the Defendant, Arlene E. Byers, by and through her attorneys, Tucker Arensberg & Swartz, and files the following Pre-trial Statement. 1. The marital and non-marital assets relative to this matter have been set forth in the Inventory and Appraisement which was filed with the court on March 6, 2001. The marital assets of the parties are valued in excess of $2,400,000. The non-marital property of the Defendant is valued at approximately $50,000, while the non-marital property of the Plaintiff is unknown to Defendant. However, Defendant is aware that Plaintiff continues to operate his business, has purchased real estate and is supporting his girlfriend. 2. Defendant expects to call the following persons to testify as expert witnesses: s (a) George C. Clauser, SRA Clauser Real Estate Appraisals P.O. Box 777 Camp Hill, PA 17011 Mr. Clauser will testify as to the value of the real estate owned by the parties and as identified more fully on Defendant's Inventory and Appraisement. Mr. Clauser's qualifications are set forth in his qualification sheet attached hereto and marked as Exhibit "A". (b) Harry M. Leister, Jr., F.S.A. Conrad M. Siegel, Inc. P.O. Box 5900 Harrisburg, PA 17110-0900 Mr. Leister will testify as to the value of Defendant's Civil Service Retirement System (CSRS) defined pension plan and as to the marital share of Defendant's Thrift Plan. Mr. Leister's valuation of the Thrift Plan will consist of establishing the marital portion taking into account post-separation contributions and the increase in value (or decrease in value) of the plan. This valuation will be prepared closer to the date of trial. Mr. Leister's qualifications are set forth in his qualification sheet attached hereto and marked as Exhibit "B". (c) An expert may be necessary to testify as to the value of Plaintiffs business and farm equipment. (d) Chuck E. Bricker, Auctineer 93 Texaco Road Mechanicsburg, PA 17055 Mr. Bricker will testify as to the value of the parties' household goods and personalty. 3. Defendant will testify as to the assets and liabilities of the marriage, her income and expenses and the issue of fault surrounding the break up of the parties' marriage. Defendant expects to call the following witnesses to testify on her behalf at the time of the Master's Hearing: Revenna C. Barrick 1441 Cockley's Meadow Road Boiling Springs, PA 17007 4. The following is a list of exhibits which Defendant intends to introduce at the Master's Hearing: Defendant's Inventory & Appraisement Defendant's Exhibit 1 Defendant's Income and Expense Statement Defendant's Exhibit 2 Tax returns Defendant's Exhibit 3 Real estate appraisals Defendant's Exhibit 4 Pension appraisals Defendant's Exhibit 5 Household goods appraisal Defendant's Exhibit 6 Book Values for vehicles Defendant's Exhibit 7 Bank and financial account statements Defendant's Exhibit 6 sufficient to establish date of separation and current values of accounts Legal fee summary Defendant's Exhibit 9 Documentation to verify date of separation Defendant's Exhibit 10 and current balances on liabilities (both marital and non-marital) Defendant reserves the right to introduce Defendant's Exhibit 11-- additional exhibits 5. Defendant has a gross monthly income of $9,633 and a net monthly income of approximately $5,550, which is itemized in the Income and Expense Statement which was filed with the Court on March 6, 2001. A copy of Defendant's most recent state and federal income tax returns will be introduced at the Master's hearing. 6. Defendant's monthly expenses are approximately $9,243. An itemization of these expenses has been set forth in the Income & Expense Statement which was filed with the Court on March 6, 2001. 7. Defendant contends that the marital portion of Defendant's Pension is $216,818 as set forth on the Pension Valuation which is attached hereto as Exhibit "C" and incorporated herein. 8. Defendant has incurred Counsel fees in excess of $16,000 in accordance with the fee letter which was signed on May 11, 1999. A detailed itemization of these services will be introduced at the Master's hearing. 9. The parties are in dispute over several issues including but not limited to the date of separation, equitable distribution of property, alimony, counsel fees and costs, and alimony pendente lite. 10. The parties have accumulated marital debts in the approximate amount of $59,000, which have been itemized on the Inventory and Appraisement filed with the Court on March 6, 2001. 11. Defendant proposes that the marital estate be distributed in accordance with the Proposal which is attached hereto and incorporated herein. TUCKER ARENSBERG & SWARTZ Sandra L. Meilton (I.D. #32551) 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT DATED: 8/16/01 Defendant's Proposal 1. A 50/50 distribution of marital assets. 2. As part of the 50-50 distribution, Defendant shall retain the following: (a) Byers farm and residence located at 150 Byers Road, Carlisle, PA in its entirety. (b) Household goods in Defendant's possession (c) Defendant's CSRS pension (d) Defendant's Thrift Plan (e) 13.81 acres (York Road, Boiling Springs, PA) (f) 1996 Ford Explorer (g) Lot located on West Trindle Road, Mechanicsburg, PA (adjacent to 901 W. Trindle Road) (h) Tractor (i) Real estate and residence located at 319 Walnut Street, Boiling Springs, PA 3. Plaintiffs claim for alimony shall be denied. 4. Defendant's claim for counsel fees and expenses shall be awarded. 5. Plaintiffs claim for alimony pendente lite, counsel fees and expenses shall be denied. GEORGE C. CLAUSER, SRA PA State certified General Appraiser Clauser Real Estate Appraisals P O Box 777 Camp Hill, PA 17001.0777 Phone (717) 737-7300 Fax (717) 730-0922 e-mail address: clauser@paoniine.com QUALIFICATION SHEET EDUCATION: Lebanon Valley College, Annville, PA B.S. in Economics and Business Administration Appraisal Institute Standards of Professional Practice A Standards of Professional Practice B American Institute of Real Estate Appraisers Real Estate Appraisal Principles 1A-1 Basic Valuation Procedures 1A-2 Capitalization Theory and Techniques 1A&B Narrative Report Writing All courses necessary to complete the SRA Designation All courses to complete Pennsylvania State General Certification PROFESSIONAL MEMBERSHIPIDESIGNATION: Pennsylvania State Certified General Real Estate Appraiser#GA-000233-L Pennsylvania Real Estate Broker (License RB-025061-L) Senior Residential Appraiser (SRA) with the Appraisal Institute and MAI Candidate REAL ESTATE EXPERIENCE: 1993-Present George C. Clauser Real Estate Appraisals 1983-1993 Associate Appraiser, Lester G. Connor, MAI, Camp Hill, PA 1973-1983 Associate Appraiser, Joseph McGraw, Inc., Lemoyne, PA 1968-1973 Sales Associate, Dougherty and Twigg Real Estate TESTIMONY: Cumberland, Dauphin and York County Courts Tax Assessment Appeals Civil Litigation Local Municipalities - Zoning Meetings Exhibit "A" TYPES OF APPRAISALS COMPLETED• Commercial - Stores, Motels, Restaurants, Offices, Automobile Dealerships, Kennels, Greenhouses, Shopping Centers, Apartment Complexes, Mobile Home Parks Condominium - Offices, Residences Industrial - Warehouses, Truck Terminals, Service Stations, Manufacturing Facilities, Repair Garages Land - Farms, Subdivisions, Commercial, Industrial, Acreage, Easements-Utility Residential - Single, Multi-family Valuation of Partial Interests - Leasehold, Life Estates, Leased Fee Interests Other - Condemnation Appraisals, Estate Valuations, Divorce Proceedings, Tax Assessment Valuations, Relocation Appraisals, Churches, Value Estimates for Damages from Infestation and Boundary Line Disputes APPRAISALS CURRENTLY ACCEPTED AT First Maryland Bank Fulton Bank First Union Dauphin National Bank PNC PA State Bank Mellon Bank Other Clients: Mid Penn Bank Spring Grove National Bank Adams County National Bank Harris Savings Bank Lebanon Valley National Bank Bank of Hanover Commerce Bank Numerous Local Attorneys Dauphin Assessment Office Messiah College Local Commercial & Residential Developers Hershey Foods, JLG Industries Lower Allen Township and other Municipalities and Corporations EDUCATION STATEMENT "The Appraisal Institute conducts a voluntary program of continuing education for its designated members. MAls, SRPAs & SRAs who meet the minimum standards of this program are awarded periodic educational certificates." I, George C. Clauser, am currently certified under the SRA Program. H: HARRY M. LEISTER, JR. Education Record Graduated 1951 Fayette Township High School, McAlisterville, Pennsylvania Bachelor of Science (January 1956) Susquehanna University, Selingsgrove, Pennsylvania Graduate Study in Mathematics (1956) Bucknell University, Lewisburg, Pennsylvania 1961 Fellow of Society of Actuaries (By examination), Chicago, Illinois Working Record 1956-1963 Actuarial phases of ordinary, group life, accident and health group pensions, etc. Connecticut General Life Insurance Company, Hartford, Connecticut 1963-1968 Actuary, Farm Family Life Insurance Company, Albany, New York 1968 - Present Consulting Actuary, Conrad M. Siegel, Inc., Harrisburg, Pennsylvania Professional Memberships Fellow of the Society of Actuaries Member of the American Academy of Actuaries Testified in Court Approximately 600 Times Exhibit "B" Conrad M. Sicgcl, Inc. Actuaries/Benefit Consultants r v j 501 Corporale Circle. P.O. Rox 5900. 1larrishurg, PA 17110-09N) PIIONIi (717) 6524633 • Pnx (717) 510.9106 • www.crosbcncfils.com C.nod M. sigrl. P.S.A. Harry Al. laser. Jr.. P.S. A. March 12, 2001 Oran S. San., F.S. A. Clpk li. Glip, ch, RS A. Ull L Mnmmnr, AI.A,A.A. Sandra L. Meilton, Esq. Rnhem J. O.Ian. AS A. ' Tucker Arensberg & Swartz uaanucslhhnP.n.e.n 111 North Front Street R"Mn 1. hlmvik, F.S A. P .O. Box 889 David ll. Killick. PS. A. Harrisburg, PA 17108-0889 Jefhry S. Myers. R.S. A. Thnnus4%Jmsnrmmn, F.S.A. i Re: Arlene Byers Olen A. Hairy. P.S.A. Kesin A. lirh. RS A. Dear Ms. Meilton: Frank S. Rlln,kl, US A. A C.A.S. Holly A. Rnee. KS A. You provided me with the following information concerning Arlene Byers: Chance D. kimflan&,, CS A. John W. Jeffrey,&S.A. 1. Date of birth - April 26, 1947. lknisc M. 1'nlin. P.S.A. TI nm W. RmmA.S A. ' 2• Service computation date - November 21, 1966. had hl. 4ymeigtt. CERS Mark A. nnnwll. A.S A. ; 3. Date married - September 7, 1969. Jnnalhan V. Cmma. A S.A. 4. Date separated -March 1 1999 Jnhn n. Vargn. A S..\. , . 5. Accrued monthly pension as of March 1, 1999 - $4,082. 6. High three-year average salary - $80,635. Currently, Arlene Byers is 54 years of age (age nearest birthday). The Civil Service Retirement System (CSRS) is a defined benefit pension plan. The figure that is mnrital property for divorce purposes with respect to the defined benefit pension plan is the present value of the pension earned during the marriage. As previously indicated, Arlene Byers had accrued a monthly pension as of the date of separation of $4,082. Since this benefit takes into account 2.79 years of service before the date of marriage, it is necessary to multiply by a "coverture fraction" in order to determine the portion of the pension earned during the marriage. The numerator of the "coverture fraction" is 29.48 (the years from the date of marriage until the date of separation) and the denominator is 32.27 (the years from the service computation date until the date of separation). Thus, the "coverture fraction" is .91 (29.48 divided by 32.27). The portion of Arlene Byers' pension benefit earned during the marriage is $3,715 ($4,082 multiplied by .91). Exhibit "C" J AM I Conrad M. Siegel, Inc. Sandra L. Meilton, Esq. March 12, 2001 Page 2 While Arlene Byers is covered under the Civil Service Retirement System, she is not covered for Social Security benefits. In accordance with the Cornbleth vs. Cornbleth decision, it is necessary to calculate what her Social Security benefit would have been if she had been covered for this benefit. On the basis of the earnings information previously indicated and assuming the previous earnings increased in accordance with the increase in the U.S. average salaries and taking into account an appropriate coverture fraction, the estimated Social Security benefit attributable to the marriage to start at age 65 is $1,136 per month. Pursuant to our telephone conversation, I made calculations for retirement at age 65. The following table shows the present value of the pension earned during the marriage: Present Value of Benefits Earned During Marriage Retirement Social Age CSRS Security Net 65 $312,337 $95,519 $216,818 The Social Security benefit and the pension benefit provided by the Civil Service Retirement System are indexed. What this means is that each year the benefit increases in accordance with the Consumer Price Index. The above figures are based on the assumption that the Consumer Price Index would increase at the rate of 3.0% per year. The Consumer Price Index increased on the average at the rate of 5.17% per year over the last 30 years, 4.24% per year over the last 20 years and 3.00% per year over the last 10 years. The present value computations have been based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 6.4% per year for 20 years followed by 6.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table for males, rated six years for females. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation are appropriate for the purpose of determining the present values. With best regards, Yours sincerely, Harr M. Leister, Jr.. F. .A. Cons lting Actuary HML:kad CERTIFICATE OF SERVICE ?h AND NOW, this day of 11T, 2001, 1, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by first class mail, postage prepaid, addressed as follows: John J. Krafsig, Jr., Esquire 2921 N. Front Street Harrisburg, PA 17110 Gloria M. Rine 42257.1 E` ?' ?: iii' ' 'i t r i. _' '..)?? ? _"-' ? ... TI - ? ??l ? PI ?2 u :i _ -] lJ l] r? GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE PENNSYLVANIA DIVORCE CODE TO: ARLENE E. BYERS, Defendant c/o Sandra L. Meilton, Esquire 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108 If you wish to deny any statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served upon you, or the statements will be admitted: 1. The parties to this action separated on or about March 1, 1999 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand I may loose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim - 1 - them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Y \ K J Dated: July 1 2001 m « G ?X_UL1. Galen C. Byers, P1 intirt CER'T'IFICATE OF SERVICE AND NOW, to wit, this ? day of July, 2001, 1, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the foregoing document, i.e. Plaintiff's Affidavit Under Section 3301(d) of the Pennsylvania Divorce Code, upon the following person or persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, to wit: Service by regular mail, through the United States Post Office, postage prepaid: Arlene E. Byers, Defendant c/o Sandra L. Meilton, Esquire 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108 C o J. Kr orney f) (-21 North Harrisburg Telephone: Attorney's s g, Jr., Es• e Plainti Front Str et Pennsylvania 17110 717-236-2109 I.D. #06840 A rte. _.: '5;^4.0 GALEN C. BYERS, Plaintiff V. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7641 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE AND NOW comes the Defendant, by and through her attorneys, Tucker Arensberg & Swartz and petitions this Honorable Court as follows: 1. Plaintiffs actions have caused Defendant to incur excessive and unnecessary counsel fees with respect to the within litigation. 2. Plaintiff is full well and able to pay Defendant Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Defendant requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Directing the Plaintiff to pay Alimony Pendente Lite and Defendant's counsel fees and the costs of this proceeding; and C. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ By: Sandra L. Meilton- Attorney I.D. NO. 32551 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Defendant VERIFICATION I, Arlene E. Byers, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Ar ene E. yers DATED: -2-11-1q 647.1 CERTIFICATE OF SERVICE AND NOW, this L- day of , 2001, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 Gloria M. Rine 41313.1 _ . ,?_ ? ? ? 0 ?? GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE PENNSYLVANIA DIVORCE CODE TO: ARLENE E. BYERS, Defendant c/o Sandra L. Meilton, Esquire 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108 If you wish to deny any statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served upon you, or the statements will be admitted: 1. The parties to this action separated on or about March 1, 1999 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand I may loose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim - 1 - them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: July , 2001 A-tn_Ou , 0 f Galen C. Byers, Plaintiff b_._: CERTIFICATE OF SERVICE day of July, 2001, I. John AND NOW, to wit, this J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the foregoing document, i.e. Plaintiff's Affidavit Under Section 3301(d) of the Pennsylvania Divorce Code, upon the following person or persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil procedure, to wit: Service by regular mail, through the United States Post office, postage prepaid: Arlene E. Byers, Defendant C/o Sandra L. Neilton, Esquire 111 North Front street P.O. Box 86Pennsylvania 17108 Harrisburg, R 0 J. Kr sLg, ?., v . ney f plain ti or 21 North Front S-- Harrisburg, Harrisburg, , Pennsylvania 17110 Telephone, 717-236-2109 I.D.#06840 e GALEN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 ARLENE E. BYERS, Defendant IN DIVORCE ORDER OF THE COURT AND NOW, to wit, this day of 2001, upon due consideration of the foregoing Petition for Alimony Pendente Lite, Counsel Fees and Expenses, it is hereby ordered that a rule is granted upon the Defendant, to be served upon her counsel of record, Sandra L. Meilton, Esquire, to show cause, if any she has, why the relief sought should not be awarded. Rule returnable from days from date of service. Service of the order and conformed Petition shall be made by Certified Mail, Return Receipt Requested, upon counsel for the Defendant. BY THE COURT: Judge GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES TO THE HONORABLE, THE JUDGES OF CUMBERLAND COUNTY: AND NOW, comes the above mentioned Plaintiff, by his lawful counsel, John J. Krafsig, Jr., Esquire, who respectfully petitions the court to award alimony pendente lite, counsel fees and expenses, by reason of the following matters created by the Defendant, to wit: 1. The Plaintiff has filed his action in divorce to the above mentioned proceedings number and the Defendant, an adult individual is represented of record, by Sandra L. Meilton, Esquire. 2. The Plaintiff is self-employed, as a farmer. 3. The Defendant is employed by the United States Bankruptcy office and earns approximately $113,000.00 annually, together with numerous fringe benefits. 1 4 - 1 - .1 ..:\ 4. That the Defendant solely occupies the family residence at 150 Byers Road, Carlisle, Pennsylvania and has paid no rentals to the Plaintiff, while living presently "rent free" on the said premises. 5. The Plaintiff earns approximately $54,000.00, per year, with a fluctuation of income per year. 6. The Plaintiff, by reason of the following equitable considerations, reasonably believes that the course of litigation has been made, unduly oppressive and burdensome by the Defendant, who has created an inordinate amount of time and legal services to be exercised by counsel for the Plaintiff, by reason of the said actions, hereinafter set forth in the subsequent paragraphs. 7. Commencing on or about September 29, 2000, information was requested to assist to obtain a possible resolution to economic matters. g. On December 7, 2000, the Defendant's counsel advised information still lacking. 9. On February 7. 2001, required to file Inventory by Plaintiff, to move the case along. 10. On March 21, 2001, then the Defendant served interrogatories in excess of 40 and in reality, in excess of 100 Interrogatories filed and required to be amended. - 2 - 11. On March 22, 2001 Defendant filed for the Appointment of a Master, and after doing so, served Interrogatories upon the Plaintiff. 12. On March 23, 2001, Defendant filed additional interrogatories. 13. On March 24, 2001 letter sent to Counsel for the Plaintiff and to the Master, Mr. Elicker, made necessary the procedural situation created by Defendant. 14. On March 29, 2001, notwithstanding outstanding discovery, counsel for the Defendant, sent a letter to Mr. Elicker, requested proceeding with the hearing. 15. On April 10, 2001, with regard to letter from Attorney for Plaintiff to Mr. Elicker regarding the status of dis- covery. 16. On April 11, 2001, formal objections to First Set of Defendant's Interrogatories was sent to Defendant whodid not acknowledge that the said Interrogatories were in excess of prescribed amount of 40. 17. On April 18, 2001, counsel for the Defendant, formally withdrew First Set of Interrogatories. 18. From March to June, repeated requests upon counsel for the Defendant, to provide information regarding the computation of their expert witness, Harry Leister, obtained - 3 - i by Defendant, relating to pension, which he had valued in excess of $220,000.00 and for which he based his computations, could reflect a swing of $100,000.00 or more additional, see attachments. 19. on April 20, 2001 a letter from Plaintiff to Mr. Elickler, advising that all Answers to Interrogatories have not been completed. 20. The Defendant has funds which she can reason- ably pay counsel fees made necessary by her dilatory and inordinate prolongation of litigation. 21. That Plaintiff therefore prays that reasonable attorney's fees and expenses shall be paid to him, by reason of said matters complained of, together with reasonable alimony pendente lite. WHEREFORE, Plaintiff requests the Court to issue a rule upon the Defendant to show cause, if any she has, why the relief sought shall not be ordered by the Court. Respectfully submitted L?Attorney hn JF fsi , Jr. Es r? f r Plaint' f (jT Attorney' I.D. $06840 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Dated: July ? , 2001 VERIFICATION AND NOW, to wit, this I&°14 day of July 2001, I, Galen C. Byers, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Petition for Alimony Pendente Lite, Counsel Fees and Expenses, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. &&t. QJ, ea'aa Galen C. Byers, P1 intiff : a r mrru CERTIFICATE OF SERVICE AND NOW, to wit, this (>240'?44 day of July, 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the foregoing document, i.e. Plaintiff's Petition for Alimony Pendente Lite, Counsel Fees and Expenses, upon the following person or persons and in the manner indicated below which service satisfies the require- ments of the Pennsylvania Rules of Civil Procedure, to wit: Service by regular mail, through the United States Post Office, postage prepaid to: Sandra L. Meilton, Esquire 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 n J. Kr ,Attorn 2921 Nor h Harrisburg Telephone: Attorney's ?fsi , J . , E q i ?r Plain iff Front Street Pennsylvania 17110 717-236-2109 I.D. #06890 GALEN C. BYERS, Plaintiff V. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7641 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE AND NOW comes the Defendant, by and through her attorneys, Tucker Arensberg & Swartz and petitions this Honorable Court as follows: 1. Plaintiffs actions have caused Defendant to incur excessive and unnecessary counsel fees with respect to the within litigation. 2. Plaintiff is full well and able to pay Defendant Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Defendant requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Directing the Plaintiff to pay Alimony Pendente Lite and Defendants counsel fees and the costs of this proceeding; and C. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ By: Sandra L. Mellton Attorney I.D. NO. 32551 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Defendant wr VERIFICATION I, Arlene E. Byers, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. (?renLeE. Yers DATED• :J-11-(o 647.1 CERTIFICATE OF SERVICE AND NOW, this P day of 2001, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 Gloria M. Rine Q 1 41313.1 GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE ORDER OF THE COURT AND NOW, to wit, this day of 2001, upon due consideration of the foregoing Petition for Alimony Pendente Lite, Counsel Fees and Expenses, it is hereby ordered that a rule is granted upon the Defendant, to be served upon her counsel of record, Sandra L. Meilton, Esquire, to show cause, if any she has, why the relief sought should not be awarded. Rule returnable from days from date of service. Service of the order and conformed Petition shall be made by Certified Mail, Return Receipt Requested, upon counsel for the Defendant. BY THE COURT: Judge 6 GALEN C. BYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 ARLENE E. BYERS, Defendant_ IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE:, COUNSEL FEES AND EXPENSES TO THE HONORABLE, THE JUDGES OF CUMBERLAND COUNTY: AND NOW, comes the above mentioned Plaintiff, by his lawful counsel, John J. Krafsig, Jr., Esquire, who respectfully petitions the court to award alimony pendente lite, counsel fees and expenses, by reason of the following matters created by the Defendant, to wit: 1. The Plaintiff has filed his action in divorce to the above mentioned proceedings number and the Defendant, an adult individual is represented of record, by Sandra L. Meilton, Esquire. 2. The Plaintiff is self-employed, as a farmer. 3. The Defendant is employed by the United States Bankruptcy Office and earns approximately $113,000.00 annually, together with numerous fringe benefits. - 1 - 4. That the Defendant solely occupies the family residence at 150 Byers Road, Carlisle, Pennsylvania and has paid no rentals to the Plaintiff, while living presently "rent free" on the said premises. 5. The Plaintiff earns approximately $54,000.00, per year, with a fluctuation of income per year. 6. The Plaintiff, by reason of the following equitable considerations, reasonably believes that the course of litigation has been made, unduly oppressive and burdensome by the Defendant, who has created an inordinate amount of time and legal services to be exercised by counsel for the Plaintiff, by reason of the said actions, hereinafter set forth in the subsequent paragraphs. 7. Commencing on or about September 29, 2000, information was requested to assist to obtain a possible resolution to economic matters. 8. On December 7, 2000, the Defendant's counsel advised information still lacking. 9. On February 7. 2001, required to file Inventory by Plaintiff, to move the case along. 10. On March 21, 2001, then the Defendant served Interrogatories in excess of 40 and in reality, in excess of 100 Interrogatories filed and required to be amended. - 2 - E ="1_m 11. On March 22, 2001 Defendant filed for the Appointment of a Master, and after doing so, served Interrogatories upon the Plaintiff. 12. On March 23, 2001, Defendant filed additional interrogatories. 13. On March 24, 2001 letter sent to Counsel for the Plaintiff and to the Master, Mr. Elicker, made necessary the procedural situation created by Defendant. 14. On March 29, 2001, notwithstanding outstanding discovery, counsel for the Defendant, sent a letter to Mr. Elicker, requested proceeding with the hearing. 15. On April 10, 2001, with regard to letter from Attorney for Plaintiff to Mr. Elicker regarding the status of dis- covery. 16. On April 11, 2001, formal objections to First Set of Defendant's Interrogatories was sent to Defendant whodid not acknowledge that the said Interrogatories were in excess of prescribed amount of 40. 17. On April 18, 2001, counsel for the Defendant, formally withdrew First Set of Interrogatories. 18. From March to June, repeated requests upon counsel for the Defendant, to provide information regarding the computation of their expert witness, Harry Leister, obtained - 3 - by Defendant, relating to pension, which he had valued in excess of $220,000.00 and for which he based his computations, could reflect a swing of $100,000.00 or more additional, see attachments. 19. On April 20, 2001 a letter from Plaintiff to Mr. Elickler, advising that all Answers to Interrogatories have not been completed. 20. The Defendant has funds which she can reason- ably pay counsel fees made necessary by her dilatory and inordinate prolongation of litigation. 21. That Plaintiff therefore prays that reasonable attorney's fees and expenses shall be paid to him, by reason of said matters complained of, together with reasonable alimony pendente lite. WHEREFORE, Plaintiff requests the Court to issue a rule upon the Defendant to show cause, if any she has, why the relief sought shall not be ordered by the Court. Respectfully submitted ffohn J. fsIg" Jr. Esfff re Attorney f r Plaint' f Attorney' I.D. #06840 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Dated: July ?? , 2001 VERIFICATION AND NOW, to wit, this I&d 14 day of July 2001, I, Galen C. Byers, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Petition for Alimony Pendente Lite, Counsel Fees and Expenses, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. &&L C"'? ? Galen C. Byers, P1 intiff I CERTIFICATE OF SERVICE AND NOW, to wit, this ,20'?4 day of July, 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the foregoing document, i.e. Plaintiff's Petition for Alimony Pendente If Lite, Counsel Fees and Expenses, upon the following person or persons and in the manner indicated below which service satisfies the require- ments of the Pennsylvania Rules of Civil Procedure, to wit: Service by regular mail, through the United States Post Office, postage prepaid to: Sandra L. Meilton, Esquire 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 2n J. Kr Attorn X2921 Nor h Harrisburg Telephone: Attorney's si J ., ?q/11 )r Plain iff Front Street Pennsylvania 17110 717-236-2109 I.D. #06840 t•ar n?. GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM, 1999 IN DIVORCE ORDER OF THE COURT AND NOW, to wit, this day of , 2001, upon due consideration of the foregoing Petition for Alimony Pendente Lite, Counsel Fees and Expenses, it is hereby ordered that a rule is granted upon the Defendant, to be served upon her counsel of record, Sandra L. Meilton, Esquire, to show cause, if any she has, why the relief sought should not be awarded. Rule returnable from days from date of service. Service of the order and conformed Petition shall be made by Certified Mail, Return Receipt Requested, upon counsel for the Defendant. BY TIIE COURT: Judge GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7641 CIVIL TERM', 1999 IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES TO THE HONORABLE, THE JUDGES OF CUMBERLAND COUNTY: AND NOW, comes the above mentioned Plaintiff, by his lawful counsel, John J. KrafSig, Jr., Esquire, who respectfully petitions the court to award alimony pendente lite, counsel fees and expenses, by reason of the following matters created by the Defendant, to wit: 1. The Plaintiff has filed his action in divorce to the above mentioned proceedings number and the Defendant, an adult individual is represented of record, by Sandra L. Meilton, Esquire. 2. The Plaintiff is self-employed, as a farmer. 3. The Defendant is employed by the United States Bankruptcy office and earns approximately $113,000.00 annually, together with numerous fringe benefits. - 1 - 1. I 4. That the Defendant solely occupies the family residence at 150 Byers Road, Carlisle, Pennsylvania and has paid no rentals to the Plaintiff, while living presently "rent free" on the said premises. 5. The Plaintiff earns approximately $54,000.00, per year, with a fluctuation of income per year. 6. The Plaintiff, by reason of the following equitable considerations, reasonably believes that the course of litigation has been made, unduly oppressive and burdensome by the Defendant, who has created an inordinate amount of time and legal services to be exercised by counsel for the Plaintiff, by reason of the said actions, hereinafter set forth in the subsequent paragraphs. 7. Commencing on or about September 29, 2000, information was requested to assist to obtain a possible resolution to economic matters. 6. On December 7, 2000, the Defendant's counsel advised information still lacking. 9. On February 7. 2001, required to file Inventory by Plaintiff, to move the case along. 10. On March 21, 2001, then the Defendant served Interrogatories in excess of 40 and in reality, in excess of 100 Interrogatories filed and required to be amended. - 2 - 11. On March 22, 2001 Defendant filed for the Appointment of a Master, and after doing so, served interrogatories upon the Plaintiff. 12. On March 23. 2nni. interrogatories. 13. On March 24, 2001 letter sent to Counsel for the Plaintiff and to the Master, Mr. Elicker, made necessary the procedural situation created by Defendant. 14. On March 29, 2001, notwithstanding outstanding discovery, counsel for the Defendant, sent a letter to Mr. Elicker, requested proceeding with the hearing. 15. On April 10, 2001, with regard to letter from Attorney for Plaintiff to Mr. Elicker regarding the status of dis- covery. 16. On April 11, 2001, formal objections to First Set of Defendant's Interrogatories was.sent to Defendant whodid not acknowledge that the said interrogatories were in excess of prescribed amount of 40. 17. On April 18, 2001, counsel for the Defendant, formally withdrew First Set of Interrogatories. 18. From March to June, repeated requests upon counsel for the Defendant, to provide information regarding the computation of their expert witness, Harry Leister, obtained - 3 - by Defendant, relating to pension, which he had valued in excess of $220,000.00 and for which he based his computations, could reflect a swing of $100,000.00 or more additional, see attachments. 19. On April 20, 2001 a letter from Plaintiff to Mr. Elickler, advising that all Answers to interrogatories have not been completed. 20. The Defendant has funds which she can reason- ably pay counsel fees made necessary by her dilatory and inordinate prolongation of litigation. 21. That Plaintiff therefore prays that reasonable attorney's fees and expenses shall be paid to him, by reason of said matters complained of, together with reasonable alimony pendente lite. WHEREFORE, Plaintiff requests the Court to issue a rule upon the Defendant to show cause, if any she has, why the relief sought shall not be ordered by the Court. Respectfully submitted n i ohn J. fsi , Jr. Es r /Attorney f r Plaint- f Attorney' I.D. #06840 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Dated: July , 2001 n VERIFICATION AND NOW, to wit, this S.& >14 - day of July 2001, I, Galen C. Byers, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Petition for Alimony Pendente Lite, Counsel Fees and Expenses, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. $4904 relating to unsworn verification to authorities. ?JQ??GL CJc L'? Galen C. Byers, Plaintiff CERTIFICATE OF SERVICE AND NOW, to wit, this c,20'?4-_ day of July, 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Galen C. Byers, do hereby certify, that I am this day serving the foregoing document, i.e. Plaintiff's Petition for Alimony Pendente Lite, Counsel Fees and Expenses, upon the following person or persons and in the manner indicated below which service satisfies the require- ments of the Pennsylvania Rules of Civil Procedure, to wit: Service by regular mail, through the United States Post Office, postage prepaid to: Sandra L. Meilton, Esquire 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 v J n J. Kr. ?Attorn 2921 Nor h Harrisburg Telephone: Attorney's ?fsi J . , E q i ?r Plain iff Front Street Pennsylvania 17110 717-236-2109 I.D. #06840 JUL 2 4 2001 bp GALEN C. BYERS, Plaintiff VS. ARLENE E. BYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7691 CIVIL TERM, 1999 IN DIVORCE ORDER OF THE COURT AND NOW, to wit, this _ day of 2001, upon due consideration of the foregoing Petition for Alimony Pendente Lite, Counsel Fees and Expenses, it is hereby ordered that a rule is granted upon the Defendant, to be served upon her counsel of record, Sandra L. Meilton, Esquire, to show cause, if any she has, why the relief sought should not be awarded. Rule returnable from _ days from date of service. Service of the Order and conformed Petition shall be made by Certified Mail, Return Receipt Requested, upon counsel for the Def endant. BY THE COURT: Judge RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 BYERS GALEN C (VS) BYERS ARLENE E Case Number 1999-07641 Received of PD ATTY KRAFSIG IM Total Check... + 15.00 Total Cash.... + .00 Change........ - .00 Receipt total. = 15.00 "I 2 4 I,, Receipt Date 7/23/2001 Receipt Time 15:27:59 Receipt No. 114690 Check No. 1639 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount ADD'L COUNTS 10.00 CUMBERLAND CO GENERAL FUND JCP FEE 5.00 BUREAU OF RECEIPTS AND CONTROL 15.00 lpe.; t i lie co -J o p °0D CO U) r 4J 4J w co ?y co 4 X A (o 0 z$? H Ql x i r I 1