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Home My WebLink About03-3841 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Doreen M. Imhoff vs. ) ) ) No. .03,.:J!!!L1 ) ) C.,'~~CT~ Timothy 1. Imhoff 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 a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or other rights important to you, including custody or visitation of your children, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, One Court House Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT rSGRANTED, 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 LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717)249-3166 Le han demando a usted enla corte. Si usted quiere defendeerse de estas dernandas expuestas en las paginas siguientes, usted teiene viente (20) dias de plazo al partie de la fecha de la dernanda y la notificacion. Usted debe presentar una apariencia escrita 0 en personal 0 por abogado y archivar en la corete in forma escrita sus defenses 0 sus objections alas demandas en contra de su persona. Sea avisado que si usted no se defiende, las corte tornara medidas y puede entrar una orden contra usted sin Pi'evio aviso onotificacion y por cualquier queja 0 alivio que es pedico en la peticion de dernanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Doreen M. Imhoff Plaintiff VS. -03- .3PI..f/ C!~IJ~L/~ Timothy L. Imhoff Defendant COMPLAINT IN DIVORCE The Plaintiff, Doreen M. Imhoff, hereby seeks a divorce from the Defendant, Timothy L. Imhoff, and in support thereof makes the following averments: IRRETRIEVABLE BREAKDOWN I. Plaintiff is an adult individual residing at 1900 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is an adult individual residing at 59 Winchester Gardens, Cumberland County, Pennsylvania, 17013 and he is retired from the military of the United States. 3. Plaintiff and Defendant were married on December 22, 1979, in Ephrata, Pennsylvania, 4, The marriage is irretrievably broken. 5, There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 7. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff prays for divorce from the bonds of matrimony existing between Plaintiff and Defendant. COUNT I - EQUITABLE DISTRIBUTION 8. Paragraphs I though 7 are incorporated herein by reference as though fully set forth. 9. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage. 10. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests Your Honorable Court to equitably divide all marital property. COUNT 11- ATTORNEY'S FEES. COSTS AND EXPENSES 11. Paragraphs I through 10 are incorporated herein by reference as though fully set forth, 12. Plaintiff has employed Pamela J. Breneman, Esquire and O'Day Law Associates, as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 2 WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter an award of temporary counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as are deemed appropriate. Respectfully submitted, O'DA Y LAW ASSOCIATES ByJ)~O,/ ~ t,.L/1AM}1~ Pamela J. BrenelriJ;' ~ . -' Attorneys for Plaintiff 158 East Chestnut Street Lancaster, P A 17602 Telephone: (717) 393-4001 Facsimile: (717) 393,8041 Attorney I.D. No. 90531 3 VERIFICA nON I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, Dated: 7 - 30 -03 5 ~ 7'(\ ~ ~ (). ~ ~ "0 ,." (I ~ \)..) - c.... ..t ~ o 0 . ~ D 11) 000 - 'f ~~ oJ::: b ~ t a; ( '--i... r ~ c:' () (") '--, -" ~~ ""... <. ~E~: ".) / (..' , s;.~ ~~ .-J v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 03-334 \ Civil T,~rrn DOREEN M. IMHOFF, Plaintiff TIMOTHY 1. IMHOFF, Defendant : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Timothy 1. Imhoff, Defendant in the above,captioned matter. Respectfully Submitted: n"o '6/11/03 :.....< ane Adams, Esquire 1.D. No. 79465 36 South Pitt Street Carlisle, Pa. ] 7013 (717) 245-8508 ATTORNEY FOR DEFENDANT 2 -0'< ~c: ~f. 2::" C/j' ___-c ~..' ,,' :J>:,. ~i. ~. :::;J ." \0 (':> W ~'J T1 ."'" c- ::..-3 :;'? -, ...0 -. ~ :i~:! -:0 -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Doreen M. Imhoff Plaintiff vs. No. CI-03-3842 CI -03-3841 Timothy L.Imhoff Defendant ACCEPTANCE OF SERVICE I, Jane Adams, Esquire, represent Defendant, Timothy L. Imhoff, in the above-captioned matters, hereby accepted service of the Complaint in Divorce, and Notice To Defend and Claim Rights and Notice of Availability of Counseling and CustodyNisitation Complaint in the above, captioned action on or about ~fJS+-/ ~I ~ ~. I hereby waive any and all defects in service ofthe aforementioned Complaint or any amendments thereto. Date: x /ri ~3 I { l~ Jane Adams, Esquire ~ 0 ~ w ~ .-, -oeD c:: ?~F1 mr~ IV Z-X1 N -;Jrn zr' ,,19 cJj 1:"; cr- ........ ~~: '...~~ !;2c' ;co ~Q ::J.: c~o )>u ??- 23m C -, ~ 0 ~ Ul . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CMLACfION-LAW Doreen M. Imhoff Plaintiff v No. CI-03-3841 Timothy L. Imhoff Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) was filed on August 7,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce aft~~r service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. A~~~ "b~reen M. Imhoff, JPlain f Dated: W. ~ I, J {)O f oRIGINAl: .JAM'~'~(' ......., =", c:::> .s..- C? r.. C'? , N ?~;~:~ ~ ~ -"'" o -n --\ ::c -rJ rl1 r~- -r-llJ:i -,',CJ ('.:) I} ::ij ~:~'\ r'-'),,D '::-;::.(J h-\(1 2\ :'P :..<:. o Ui , I 03-3R'-I1 C;,->(C-r~ IN TIIE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INVENTORY OF Doreen Imhoff Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transfem~ within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Plaintiff reserves the right to amend this Inventory based on the information received as a result of discovery. L~ V:CfXJ Date: ~~ I, :)D()Y- *The parties hereto were married on December 22, 1979 and separated on February 18, 2003 .ORlGINAL ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X ) 1. (X ) 2. ( ) 3. ( ) 4. ( ) 5. (X) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) 11. (X ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17. ( ) 18. ( ) 19. ( ) 20. ( ) 21. (X) 22. ( ) 23. (X ) 24. ( ) 25. ( ) 26. Real Property/fair market rental claim Motor Vehicles Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/ director positions held by a party with company) Employment termination benefits - severance pay, workers' compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. Benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other 2 CI-03-3841 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. Item No. Description ValuelDate of Valuation Names of Owners 5 Escrow for Carlisle Property $4291.32 as of 11/12/04 Both oarties 1 806 Gadwell Loop $104,215.00 as of 12/03 Both parties Jacksonville, P A Equity in home 9/04 -$34,062.03 22 Retirement/Military Pension $437,659 to $$468,305 as of 4/29/04 Husband 2 1993 Coleman Camper $1300.00 Wife 2 1998 GMC $3715.00 Wife 2 1986 Cavalcade $2720.00 Husband 5 Ephrata National Bank $135.92 as of3/31/04 Both parties 2 2001 Ford Focus $6550.00 Husband NON-MARITAL PROPERTY Plaintiff/Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Reasons for Exclusion Item No. Description 12 NFCU CD $20,285.44 Inheritance from Wife's mother 3 CI-03-3841 PROPERTY TRANSFERREQ Item No. Description Transfer Consideration Person to Whom Transferred Date Plaintiff has not transferred any property. It is unknown if Defendant has transferred any property. LIABILITIES Item No. Creditor Type of Balance Due/Date of Balance Debtor/s Liability Navy Federal Credit Union Credit card $10,253.00 Husband Military Star $905.00 Husband 4 CI-03-3841 PROOF OF SERVICE I certify that a true and correct copy of the foregoing document has been served on the following persons and in the following manner, which service satisfies the requirements of Pennsylvania Rules of Civil Procedure. Service by hand delivery/first class mail , addressed as follows: Jane Adams, Esquire 36 South Pitt Street Carlisle, P A 17013 Robert Elicker, Esquire 9 North Hanover Street Carlisle, P A 17013 Date:~JM..-.- J I ;< OIJ 'f By: {J(J/yy1A--- Q i1.L~j~ Pamela J. Brenerr~" - Attorneys for Plaintiff 131 East Orange Street Lancaster, P A 17602 Telephone: (717) 735-3110 Facsimile: (717) 735-3116 Attorney J.D. No. 90531 5 CI-03-3841 D3 -JP'-Il COl( '-r~ IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION ~ LA W INVENTORY OF Doreen Imhoff Plaintiff files the following Inventory of all property o,"ned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Plaintiff reserves the right to amend this Inventory based on the information received as a result of discovery. tZ1. ,(.. ~/ \:r v~;1<J Date: ~~ " Jot/Y- *The parties hereto were married on December 22, 1979 and sl~parated on February 18, 2003 >~ rry ro)'\W \-:-'.7 \":::'l lJ' Lf ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicablt~ to the case at bar and itemizes the assets on the following pages. (X ) I. (X ) 2. ( ) 3. e ) 4. ( ) 5. eX ) 6. ( ) 7. ( ) 8. e ) 9. e ) 10. C ) II. (X ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17, ( ) 18. ( ) 19. ( ) 20. ( ) 2I. (X) 22. ( ) 23. (X ) 24. ( ) 25. C ) 26. Real Property/fair market rental claim Motor Vehicles Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/ director positions held by a party with company) Employment termination benefits - severanc{~ pay, workers' compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. Benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other 2 CI-03-3841 MARITAL PROPERTY Plaintiff lists all marital pro~rty in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. Item No. Description Value/Date of Valuation Names of Owners 5 Escrow for Carlisle Property $4291.32 as of 11/12/04 Both parties 1 806 Gadwell Loop $104,215.00 as of 12/03 Both parties Jacksonville, P A Equity in home 9/04 -$34,062.03 22 RetirementlMilitary Pension $437,659 to $$468,305 as of 4/29/04 Husband 2 1993 Coleman Camper $1300.00 Wife 2 1998 GMC $3715.00 Wife 2 1986 Cavalcade $2720.00 Husband 5 Ephrata National Bank $135.92 as of3/31/04 Both parties 2 2001 Ford Focus $6550.00 Husband NON-MARITAL PROPERTY PlaintiflIDefendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Reasons for Exclusion Item No. Description 12 NFCU CD $20,285.44 Inheritance from Wife's mother 3 CI-03-3841 PROPERTY TRANSFERRED Item No. Description Transfer Consideration Person to Whom Transferred Date Plaintiff has not transferred any property. It is unknown if Defendant has transferred any property. LIABILITIES Item No. Creditor Type of Balance Du(:/Date of Balance Debtorls Liability Navy Federal Credit Union Credit card $10,253.00 Husband Military Star $905.00 Husband 4 CI-03-3841 PROOF OF SERVICE I certify that a true and correct copy of the foregoing document has been served on the following persons and in the following manner, which service satisfies the requirements of Pennsylvania Rules of Civil Procedure. Service by hand delivery/rust class mail , addressed as follows: Jane Adams, Esquire 36 South Pitt Street Carlisle, P A 17013 Robert Elicker, Esquire 9 North Hanover Street Carlisle, PAl 7013 Date;~JM..-, J I ;< ()() Lf By: {J~--, Q ~J~ Pamela 1. Brene~" - Attorneys for Plaintiff 131 East Orange Street Lancaster, PA 17602 Telephone: (717) 735-3110 Facsimile: (717) 735-3116 Attorney LD. No. 90531 5 CI-03-3841 (') "-> ( ~~. ,= 0 <..-';") -"- .,; "', .' (:) .,1 " p'! :~ " fh ::J 1'- I ~t')ITl N -':) CJ t'-.) i" ;r~ :",! C,) == ;i:f ;~ ~:.:: '-'I 0 .).',joo.. ,-0 .0;:- .-< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Doreen M. Imhoff vs. No. CI-2003-3841 Timothy L. Imhoff PRE- TRIAL STATEMENT OF DOREEN IMHOFF The parties hereto were married on December 22, 1979, and subsequently separated on February 18, 2003. There are two adopted children of the marriage, Kristofer A.R. Imhoff, a special needs child, born 12/23/88, and Hannah R.M. Imhoff born 6/14/94. The Hearing in this matter is scheduled for 1. Marital Assets. See Inventory filed with the Court. 2. Non-Marital Assets, See Inventory filed with the Court. 3. Expert Witnesses. Plaintiff does not anticipate calling any expert witnesses in this matter. However, reserves the right to supplement this list prior to hearing. 4. Non-Expert Witnesses, Plaintiff does not anticipate calling any non-expert witnesses in this matter. However, Plaitniff reserves the right to supplement this list prior to hearing. OIIIGNI.; 5. Exhibits. Plaintiff anticipates submitting the attached exhibits: A. Letter to Navy Federal Credit Union B. Ephrata National Bank Statement C. Navy Federal Credit Union Share Certificate D. Conrad Siegel valuation E. M & T Bank Statement F. Appraisal- 806 Gadwell Loop, Jacksonville, NC G. Kelly Book Values for vehicles Any additional exhibits will be provided to counsel prior to trial. 6. Income Information. See Income and Expense Statement filed with the Court. Plaintiff had been a stay a home Mother primarily since the adoption of the special needs childreri. Hannah is no longer classified as special needs. Plaintiff does not have the vocational skills for gainful employment. 7. Expenses. See Income and Expense Statement filed with the Court. 8. Pension and Retirement Information. See Exhibit D. Plaintiff does not have a pension or retirement accounts. 9. Claims for Counsel Fees. Plaintiff is not seeking reimbursement for counsel fees, costs and expenses. 2 CI-03-3841 10. Marital Debts. See Inventory filed with the Court. 11. Prooosed Resolution of Economic Issues. Plaintiff is requesting 62% of the marital estate which would include the Military Retirement/pension not continuing the Survivor Benefit Plan, less the equity in the Jacksonville, North Carolina home. Deed to be executed in Plaintiff's name. Each party to be responsible for their own attorneys' fees. Escrow monies to be applied to Navy Federal Credit Union. Respectfully submitted, By: iJM',uL ~ Pamela J. Bre an Attorney for Plaintiff 3 CI-03-3841 PROOF OF SERVICE I certify that a true and correct copy of the foregoing document has been served on the following persons and in the following manner, which service satisfies the requirements of Pennsylvania Rules of Civil Procedure. Service by hand delivery/first class mail , addressed as follows: Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 Robert Elicker, Esquire 9 North Hanover Street Carlisle, P A 17013 By: ~hlk~~~ Pamela 1. Bren ~ Attorney for Plaintiff 131 East Orange Street Lancaster, PA 17602 717-735-3110 LD. # 90531 Date: JJ1 U~ I, ~ O{)Y- EXHIBIT A NAVY ijJj FEDERAL CREDIT UNION ~ Navy Federal Credit Union P.O. Box 3502 Merrifield, Va 22119-3100 November 12, 2003 I." III." III..". .11" II ,,1..1.11.. 11I11.1.1. .1.1.1.1..1. .1.1 Doreen M Imhoff ooom1 706 Mallard Dr Jacksonville, NC 28540-9640 Account 4060410000977306 Dear Doreen M Imhoff, This letter is concerning the Navy Federal Credit Union VISA GOLD account which you held jointly with Timothy L Imhoff. As requested, we have removed your name as co-applicant of the account. Ti-'!LQ.th:\( ~ lmhof.fha~....!mreect-to a.ssume full I"'e'.SR.o,nsibility for the balance. Any information will be reported to the credit bureaus in the primary cardholder's name only. Please ensure your card has been destroyed. As a member of the Credit Union, you are entitled to apply for an individual credit card account. Please contact us fol'" further infol"'mation. Should you have any questions, please let us know. You may call us any time toll-free at 1-800-424-9990 or locally at 703-255-7410. If you prefer, you may write to Navy Federal Credit Card Services, P.O. Box 3501, Merrifield, VA 22119-3501 or send a fax to 703-206-4334. Sincerely, S.M. Brooks Manager, Credit Cal"'d Services <ZSUOOOG!SER11711090 00005111500015'1 EXHIBIT B - Page:. 1 Enclosures: 0 EPht:~ Eti~~9,~]!;U1k www.ephratanationalbank.com Statement Date: 03/31/2004 Account Number: 4246569 CYCLE-060 TIMOTHY L IMHOFF OR DOREEN M IMHOFF 1900 DOUGLAS DRIVE CARLISLE PA 17013 Savings STATEMENT SA V:lNGS ACCOUNT NUMBER 0004246569 TAX 10 NUMBER ..A89-44::.1566 PREVIOUS"STATE~~N! B~~~~~AS]~~;!~~.{~l/03 . .:.................... 'J,; 1~R?,?1.75 PLUS 1 DEPOSIt~~D,Oi:HER.GREDITS ................... LESS 0 WITHDRAWALS AN'O;OTHER DEBITS ................ :00 CURRENTSTATEMENTBAWA~cG:E~;.0"~~~1z3,1/04 ...;...................... ,," . ,',}35. 92 NUMBER OF DAYS IN, THI-$":STAtEi ,';.i&e~OD 9~, "'t, ;, '',.'' ", ~ ,;"':;', 4'1, ~, Beginning Rate 0.50000 "',,,,"." , i~~"^l"" """,", , , ,~: ~y,i~r ,t-*f"JI"" "",::':r:.[)' . bits ' . ' ~"~'()if# ' e ' "'~, "" ': ,~ .' A'Gcolrnt:T;ransaGtions .!~ite~~:JD~er.l'gn:~;: ,," , ,9~t3!.)NTEREST PAY~ENT -~\~~~;~l::"':" ,>,>"'..,, ...,. , , ," ~:i:,-",: _ ;, . '1:,." ", . ,,' EXHIBIT C NAVY (I) . FEDERAL CREDIT UNION Q!) SHARE CERTIFICATE/IRA STATEMENT OF ACCOUNT PAGE S 1 OF 1 1..1.11..1..1.1, .1..111...1.1,"11....11.11,"11....11,.1".11 MRS DOREEN M IMHOFF 806 GADWELL LOOP JACKSONVILLE NC 28540-9630 STATEMENT DATE 06/30/04 IMPORTANT MESSAGE Get'em while they're hol. For a Iimitecltime, our 4-year certificates have a premium rale. Take advantage of this offer and heat up your plans for saving. For more information, visit our website (www.navyfcu.org), call a Share Certificate Specialisf aI1-800-362-3789 or conlacl a Member Service Cenler. STATEMENT SUMMARY SUMMARY FOR SHARE CERTIFICATE ACCOUNTS ACCOUNT NUMBER MATURITY CURRENT DATE ill RATE 03/16/09 , 4.88 YTD ill PAID 285.44 Total 285.44 '/TO illlAL TY .00 .00 YTD FED ill .00 CURRENT BALANCE .00 20.285.44 20.285.44 SUMMARY FOR STATEMENT Total Balance: Share Certificales Total Balance: Retirement Accounts Total Statement Balance 20.285.44 .00 20.285.44 PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION NAVY . FEDERAL CREDIT UNION @ SHARE CERTIFICATE/IRA STATEMENT OF ACCOUNT PAGE 1 OF 1 MRS DOREEN M IMHOFF SHARE CERTIFIC,I\ TES Account Purchase/Ren€!wal 03-16-04 20,000.00 DATE DESCRIPTION DEBIT:~ CREDITS BALANCE Prior Slatemenl Balance 04/30 Dividend Credit 05/31 Dividend Credit 06/30 Dividend Credit Total Dividends Paid This Period ,00 80.5:3 835(j 81.20 245,29 20.0'10, 1~) 20,120.68 20.204.~~4 20.285.44 245,29 PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION EXHIBIT D ~. ~ Conrad Siegel ACTUARIES 501 Gorporate Circle. P.Q, Box 5900 . Harrlsb~rg, PA 17110.0900 Phone (117) 652.5633 Fax (717)540'9106 www.conradslegel.com The Employee Benefits Company Conrad M, Siegel, F.SA Harry M. Leister, Jr., F,S,A. April 29, 2004 Clyde E, Gingrich, F.S,A, Eart L Mummert, M.A,AA Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 Robert J, Dolan, A.S,A. David F. Slirting, A.S.A. Robert J, Mrazik, F.SA Re: Imhoffv. Imhoff David H, Killick, F,SA Dear Ms. Adams: Jeffrey S, Myers, F,S.A. I was provided with the following information concerning Timothy Imhoff: Thomas L. Zimmerman, F.S.A. Glenn A. Hafer, F.S,A, 1. Date of birth - January 16, 1960. Kevin A, Erb, F.S,A, 2. Date married - December 22, 1979. Frank S. Rhodes, F,SA, A.C.A.S. 3. Date of entry into the military service -. June 15, 1981. Holly A. Ross, F.S.A, 4. Date retired - January 31, 2001. Charles B. Friedlander, F.S.A. John W, Jeffrey, F,S,A, 5. Date separated - March 7, 2003. Denise M, Polin, F.S.A, 6. Data regarding the gross monthly pension and the SBP (survivor benefit plan) cost as follows: Thomas W, Reese, A.5A Mark A. Bonsall, F.S.A. $1,647.00 107.78 Janel M. Leymelster, CEBS Current Gross Monthly Pension SBP Cost Jonathan D, Cramer, A.S.A, Net Monthly Pension $1.539.22 John D. Vargo, A.S.A. Currently, Mr. Imhoff is 44 years of age (age nearest birthday). David H. Slimpson, EA. Robert M, Glus, A,SA The Military Retirement System is a defined benefit pension plan. The figure that is marital property is the present value of the pension earned during the marriage. Bruce A. Senft, CEBS The following table shows the results of my calculations: Present Value Monthly Monthly Pension Earned Survivor Present Value Pension During Marriage Benefit Survivor Benefit $1,539.22 $437,659 $906.63 till age 62, $34,583 LI7~ J, '-I'd then $576.94 $1,647.00 $468,305 ~ Conrad Siegel ACTUARIES Jane Adams, Esquire April 29, 2004 Page 2 The figures on the top line apply if the Survivor Benefit Plan is to be continued and the figures on the bottom line apply if the Survivor Benefit Plan is discontinued, Mr. Imhoff's pension benefit was earned during the marriage since the date of marriage preceded the date of entry into the military service and the date of separation occurred after the date of separation. If the current Survivor Benefit Plan is to be continued, the net current monthly pension would be $1,539.22 (reflecting the deduction of the SBP cost of $107.78) and, of course, in the event of the death of Mr. Imhoff, the survivor annuitant (Doreen M. Imhoff, born May 4,1961) would receive a monthly benefit of 55% of the gross monthly pension until she attains age 62 and then her benefit would be 35% of the gross monthly pension. The present value of the survivor benefit as indicated in the above table amounts to $34,583. It should be noted that the survivor benefit would not apply in the event that Doreen M. Imhoff remarries before age 55. If the Survivor Benefit Plan is not continued, then the monthly pension as indicated in the above table would be $1,647 since it would not reflect a deduction of the SBP cost. The military pension benefits are indexed. By that I mean that each year the benefit increases in accordance with the increase in the Consumer Price Index. 'The present value calculations are based upon the assumptions that the Consumer Price Index would increase at the rate of 2.0% per year. The Consumer Price Index increased on the average at the rate of 4.99% per year over the last 30 years, 3.16% per year over the last 20 years and 2.52% per year over the last 10 years. The present value calculations have been based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 4.0% per year for 20 years followed by 5.0% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table for males with this table rated six years for females. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining present values. The present value ofthe survivor benefit has been calculated in accordance with the Palladino case. With best regards, Yours sincerely, j~':~::F~zr . Consulting Actuary HML:kad EXHIBIT E m1 M&rBank ACCOUNT TYPE t: AUG.l'-NOV.l2,2'" 1 OF 1 ACCOUNT NO. STATEMENT PERIOD PAGE 15004205408229 H&T HARKET ADVANTAGE 00 o 06602H NH 017 9490 TIMOTHY L IMHOFF DOREEN M IMHOFF PAMELA J BRENEMAN, AS AGENT ESCROW ACCOUNT 158 E CHESTNUT ST LANCASTER PA 17602 INTEREST PAID YEAR TO DATE 58.93 CHELSEA SQUARE 4,288.11 DEPOSI.S:& . . OTHER ADDITIONS NO. AHOUNT o 0.00 CURREN INTEREST PAID BEG IHG .BALAHtE 0.00 3.21 4,291.32 ACCOUNT ACTIVITY POSTING TRANSACTION: DESCRiPTION 'OEPOSITSjINTEREST W/DRAWALS & OTHER . VAIl-V DATE I OtHER ADDlnONS . SUBTRACTIONS BALANCE 08-14-04 BEGINNING BALANCE $4,288.11 09-14-04 INTEREST PAYHENT 1.13 4,289.24 10-14-04 INTEREST PAYMENT 1.06 4,290.30 11-12-04 INTEREST PAYHENT 1.02 4,291. 32 ENDING BALANCE $4,291. 32 ANNUAL PERCENTAGE YIELD EARNED = 0'.30 % IHPRESSED BY THE SERVICE YOU RECEIVED AT M&T? IF YOU'I) LIKE TO NOMINATE AN M&T BANK EHPl-OYEE FOR EXCEPTIONAL CUSTOHER SERVICE, PLEASE I:OHPLETE OUR H&T SERVICE EXCELLENCE FORtt AT WNW .HANDTBANK . COM/EXCELLENCE . WE API"RECIATE YOUR FEEDBACK! H&T'S WEBSITE IS A POWERFUL RESOURCE THAT CAN HELP YOU ttAKE INFORHED FINANCIAL DECISIONS. YOU CAN ACCESS YOUR ACCOUNTS, USE PLANNING lrOOLS, OPEN AN ACCOUNT, OR FIND YOUR NEAREST H&T BRANCH OR ATH. VISIT WWW.HANDlrBANK.COH TODAY! LO08A (1/03) EXHIBIT F FROM: JACKSONVILLE APPRAISAL COMPANY ~O BOX'7252 JACKSONVILLE, NC 28540 910-353-6868 FED ID# 56-1160602 IFile No. 03110781 Paae #11 INVOICE DATE REFERENCE 0311078 ~ 12/5/2003 I . IMHOFF '-", ,> DOREEN IMHOFF 806 GADWELL LOOP JACKSONVILLE, NC 28540 TO': DOREEN IMHOFF NA DES MOINES, IOWA, 50303 DESCRIPTION ", ," >:";,:'"" , t. AMOUNT ~ , " .', ,. -'" , ,.,..."' ,,,',',,' 'r. -<,. y';' .'.' .,,' ..... ", , . '. , " " , , 806 GADWElL lOOP , 275.00 , , , , , OWNERS:TIMOTHY & DOREEN IMHOFF , , , , , COD , , -275.00 , , , , , , , " , , , , , , , , , , , , , , , , , , Subtotal :$ , , Late Fee :s TOTAL 1,$ . .. ,_'i'a.'_;~:_~,.. .,~;_....... '<"",1-'. .1 , . '. . ,..~ "_, c ' . .,.~.."";l". Jacksonville Appraisal Company (910j 353.9828 Form NIN - "TOTAL for Windows' appraisal software by a la mode, Inc. -, 1-800-ALAMODE IFile No. 03110781 Pace #21 <r JACKSONVillE APPRAISAL COMPANY P.O. BOX 7252 JACKSONVillE, NC 28540 56-1160602 910-353-6868 DOREEN IMHOFF NA Borrower: File No.: 806 GADWEll lOOP JACKSONVillE, NC 28540 DOREEN IMHOFF 0311078 Re: Property: In accordance with your request, we have appraised the above referenced property. The report of that appraisal is attached. The purpose of this appraisal Is to estimate the market value of the property described in this appraisal report, as improved, in unencumbered fee simple title of ownerShip. This report is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professi<:mal Appraisal Practice. The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the certification and limiting conditions attached. It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional service to you. Sincerely, DENNI "'_. .:."" i--. . I ,. IFile No. 03110781 Pace #31 .. , .' '- =, APPRAISAL OF REAL PROPERTY LOCATED AT: 806 GADWELL LOOP MALLARD CK 2 L42 DB 1128 PG 814 JACKSONVILLE, NC 28540 FOR: DOREEN IMHOFF NA AS OF: 12/5/2003 BY: DENNIS JOHNSON POST OFFICE BOX 7252 JACKSONVILLE, NC 28540 (910) 353-6868 P """ n.scrlnllon e o. Prooertv Address 806 GADWELL LOOP CllY JACKSONVILLE State NC liD Code 28540 Lenal OescrtnUon MALLARD CK 2 L42 DB 1128 PG 814 CounlY ONSLOW Assesso(s Parcel No. 5000 Tax Year 2003 R.E. Taxes $ 645,13 Soeclal Assessments SO. 00 Borrower DOREEN IMHOFF Current Owner TIMOTHYIDOREEN IMHOFF Occuaant: I I Owner 15<\ Tenant r l Vacant .. Pronertv rtnhts ann raised IX] Fee SlmDle I I Leasehold Prolect Tvne I I PUO I I Condominium (HUON A onlv! HOA $ NIA /Mo. Nelohborhood or Proiect Name MALLARD CREEK MaD R8ference 753A 43 Census Tract 0003.00 Sale prtce $ NA Date 01 Sale NA Oescrlotlon and S amount of loan tharoes/concesslons to be oald bv seller NA Lender/Client DOREEN IMHOFF Address NA ADDralser DENNIS JOHNSON Address PO BOX 7252 JACKSONVILLE NC 28540 Location W Urban ~ Suburban [J Rural Predominant ~~~CI\e femlly hO~ sl~ Present land use % Land use chsnge BulR up (gJ Over 75% o 25-75% 0 Under 25% .occupancy tRI JIG Onelamlly ~ (gJ Not likely o Likely (OOO) (yrs) Growth rate 0 Rapid (gJ Stable 0 Slow (gJ Owner ~ Low ti~ 2-4 family _ o In process Property values 0 Increasing (gJ Stable 0 Declining U Tenant 150 Hloh :25 Multl-Iamlly _ To: Demand/supply 0 Shortage (gJ In balance 0 Over supply ~ Vacant (0-5%) "'1lit~i Predominant t;;;,,~:!: Commercial 5 Mmetino time Fi Under 3 mos. ~ 3-6 mos. n OVer 6 mos. n VacJcver 5%\ 100 H VACANT 15 Nole: Race and lhe racial composition 01 lhe netghborhood are nol appralsallactors. Neighborhood boundaries and charactertstics: NEIGHBORHOOD BOUNDARIES INCLUDES MALLARD CREEK AND THE IMMEDIATE - SURROUNDING SUBDIVISIONS OF JACKSONVILLE ONSLOW COUNTY. : Factors that aIIect the marXutabllity 01 the properties In the neighborhood (proximity to employment and amenitles, employment stability, appeal to market, etc,): THE SUBJECT HAS ACCESS TO ALL NECESSARY SUPPORTING FACILITIES INCLUDING SCHOOL SHOPPING RECREATION .. SERVICES AND EMPLOYMENT CENTERS. THIS NEIGHBORHOOD PROVIDES AN AVERAGE ENVIRONMENT FOR SUBJECT BEING APPRAISED. THERE ARE NO APPARENT FACTORS THAT WILL NEGATIVELY AFFECT THE MARKETABILITY OF THE SUBJECT PROPERTY. Market conditions In the subject neighborhood (Including support lor the above conclusions related to the trend of prDperty values, demand/supply, and mar1<etlng time - such as data on competitive properties lor sale In the neighborhood, descrtptlon of the prevalence 01 sales and IImmclng concessions, etc.): MARKET CONDITIONS APPEAR TO BE AVERAGE IN THIS NEIGHBORHOOD. VALUES APPEAR TO BE STABLE. SUPPLY AND DEMAND APPEAR TO BE IN BALANCE, MARKETING TIME FROM 3 TO 6 MONTHS. FINANCING FROM LOCAL BANKS MORTGAGE BROKERS FHA AND VA, NO FINANCING CONCESSIONS NOTED. INTEREST RATES AND DISCOUNT POINTS ARE FAVORABLE AT THIS TIME. Pro/eet Information for PUDs (lI applicable) . -Is the developerlbullder In control 01 the Home Owners' Associatlon (BOA)? L.J Yes U No NA Approximate total number 01 units In the subject project N/ A Approximate total number of units lor sale In the subjecl project N/ A Descrtbe common elements and recreational laclllties: N/A Dimensions SUBJECT TO SURVEY - NONE PROVIDED Topography SLOPE TO REAR Site area .47 AC+I- Corner Lot 0 Ves (gJ No Size 0.47 AC+/, Speclllc zoning classfflcatlon and descrlptlon RESIDENTIAL Shape RECTANGULAR Zoning compliance (gJ Legal 0 Legal nonconlormlng (Grandlathered use) 0 Illegal o No zoning Drainage APPEARS ADEQUATE Hlahest & best use as lmoroved" ~ Present use n Other use (emlaln! View AVERAGE Utllllles Public Other Off-site Improvements Type Public Private Landscaping AVERAGE Electricity ~ Street ASPHALT I2Sl 0 Drtveway Surface CONCRETE Gas U CUrb/gutter NONE 0 0 Apparent easements USUAL Water ~ Sidewalk YES 0 (gJ FEMA Special Rood Hazard Area OVes I2Sl No Sanltal)' sewer U SEPTIC (TYPICAL! Streetlights YES ,~ R FEMA Zone C Map Date 7/2/1987 Storm sewer rl A1lev NONE (TYPICALl FEMA Mao No. 3703400315C Comments (apparent adverse easements, encroachments, special assessments, slide areas, Illegal or legal nonconlolmlng zoning use, etc.): ACCORDING TO FEMA FLOOD MAP SUBJECT DOES NOT APPEAR TO BE LOCATED IN A FLOOD ZONE HOWEVER WOULD NEED A FLOOD SURVEY TO MAKE FINAL DETERMINATION. GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Unlts 1 Foundatlon CONCRETE Slab YES Area Sq. R. N/A Roof _ U No. of Stortes 1 Exterior Walls MS Crawl Space NO % Rnlshed NIA Celllng _ U Type (Del/Alt.) DET Roof Surface FIBERGLASS Basement NO Ceiling N/A Walls _ U DeSign (Style) RANCH Gutters & Dwnspts. YES Sump Pump N/ A Walls N/A Floor _ U ExlstinWProposed EXISTING WIndow Type INSULATED Dampness N/A Roor NIA None _ U Age (Yrs,) 10 StomVScreens YES Settlement N/A Outside Entry N/ A UnknowL-- ~ Ellectlve Aoe /Vrs.l 5 Manufactured House NO Inlestatlon N/A ROOMS Fover L1vino Dinino Kitchen Den Familv Rm, Rec. Rm. Bedrooms # Baths Laundrv Other Area So, Ft. :- Basement N/A Level 1 1 1---., ....,1 3 2 1424 - Level 2 - Rnlshed area above arade contains: 5 Rooms' 3 Bedroom(sl: 2 Bathls',. 1 424 Souare Feet of Gross L1vtno Area INTERIOR MatertalS/Condltlon HEATING KITCHEN EOUlP. ATTIC MIENITIES CAR STORAGE: 1 CG A TT - Roors CARPETNlNYUAVG Type FWA Relrtgerator ~ None 0 Flreplace{s) # _ ~ None 0 Walls WP/DW/AVG Fuel ELEC Range/Oven I2Sl Stairs 0 Patlo U Garage # 01 cars TrlnVAnlsh AVERAGE Condition A VG Disposal ~ Drop Stair 0 Deck ~ Attached x Bath Aoor VINYUAVERAGE COOLING Dishwasher (gJ Scuttle (gJ Porch ~ Detached Bath Wainscot TUBKITIAVERAGE Central YES Fantliood (gI Roor 0 Fence U Buitt-In Doors HCW/AVERAGE Other N/A Microwave (E] Heated R Pool H Carport Condition A VG WasherllllVer jpj Anlshed Drlvewav YES Addltional1eatures (special anergy elllclent Rems, etc.): THE APPRAISED VALUE INCLUDES ONLY ITEMS OF EQUIPMENT THAT ARE CONSIDERED PART OF THE REAL ESTATE. Condition 01 the Improvements, depreciation (physical, lunctlonal, and extemal), repairs needed, quality 01 constructlon, remodeling/additions, etc.: CONDITION OF IMPROVEMENTS AVERAGE. NO MAJOR REPAIRS NOTED - Adverse environmental conditions (such as, but not IImlled to, hazardous wastes, toxic substances, etc.) present In the Improvements, on the sRe, or in the Immediate vtclnity of the subject property.: NONE NOTED. SEE ADDITIONAL COMMENTS..... 1-" f<<m 10 "" Jacksonville Appraisal Company (910) 353-9828 IFlle No. D3110781 Paae #41 IMHOFF FlI N 0311078 UNIFORM RESIDENTIAL APPRAISAl REPORT PAGE 1 OF 2 I=nrm J 14., _ IrOT41 fnr WJntfn\Ucl DIVV'aIO:!lII cnftw!llr. hv :I l!:t mrvio In... _ 1 ~Ann..41 AMOm: Fannie Mae Form 1004 8/93 IFile No. 03110781 Pace #51 IMHOFF I UNIFORM RESIDENTIAL APPRAISAL REPORT FileNo. 03j1078 ESTIMATED SITE VALUE ... ................. ...... .... ...... ...... ..:= $ 15000 Comments on Cost'Approach (such as, source of cost estimate, site value, ESTIMATED REPRODUCTION COST.NEW-OF IMPROVEMENTS: square foot calculallon and for HUD, VA and FmHA, the estimated remaining Dwelling 1 ,424 Sq. Ft. @$ 61.16 = $ 87,120 economic Iffe of the property): Sq. Ft. @$ = COST APPROlICH TAKEN FROM MARSHALL SWIFT, ALL - = EXTRAS INCLUDED IN BASE PRICE. BASED ON . Garage/Carport ~ Sq. Ft. @$ 21.09 = 6,791 REMAINING ECONOMIC LIFE OF 55 YEARS. Total Estimated Cost New ........ ...... ....... .....= $ 93,911 . Less Physical Functional Extemal Depreciation 4,6961 1 =$ 4696 DepreclatedValueoflmprovements .. ................. =$ 69215 'As-Is' Value of Site Improvements ................................... =$ INDICATED VALUE BY COST APPROACH ............................ =$ 104,215 ITEM SUBJECT I COMPARABLE NO, 1 COMPARABLE NO.2 COMPARABLE NO, 3 606 GADWELL LOOP 610 GADWELL LOOP ROAD 610 MANDARIN TRAIL 333 STELLER ROAD Address JACKSONVILLE JACKSONVILLE JACKSONVILLE JACKSONVILLE ProxlmltvtoSublect ';~,:!.~'~,~~rJ\':~10.01 miles ~ 0.31 miles Sales PrIce 1$ NA " ~ 102 500~ 102,000 . ,". ,.". 96500 PrlcelGrossLlvlnaArea 1$ r:P $ 64.43 r:P 75.11ltJ~il'lI""!,;l."I'\',I$ 69,32 r:P1~~;:!~"~>i,',r Data and/or ON SITE EXTERIOR INSPECTION EXTERIOR INSPECTION EXTERIOR INSPECTION VerIfIcation SourcR INSPECTION MLS # 56371 MLS # 59974 MLS # 54941 VAlUE ADJUSTMENTS DESCRIPTION DESCRIPTION: +1-\$ Adlust, DESCRIPTION: +I-\S Adlust. DESCRIPTION: +I-\S Adlust, Sales or Rnanclng VA (SP) ,3,081 FHA (SP) -2,940 VA Concessions DOM 167\ DOM (63) DOM (182) Date of SalelTlme 1/3/2003: 10/6/2003: 1/8/2003: Location SUBURBAN SUBURBAN: SUBURBAN: SUBURBAN: LeaseholdlFee Slmole FEE SIMPLE FEE SIMPLE: FEE SIMPLE: FEE SIMPLE : Site .47 AC+/- .92 AC +/-: .39 AC +/': .38 AC +/, : View AVERAGE AVERAGE: AVERAGE AVERAGE: I Deslan and ADoeal RANCH RANCH RANCH RANCH Qualltvof Construction MS/AVG VS/AVG WS/AVG VS/AVG Aae A10/E5 A11/E5 A8/E5: A4/E4 : -500 Condition AVERAGE AVERAGE: AVERAGE: AVERAGE: Above Grade Total : Bdrms: Baths Total :Bdrms: Baths: Total :Bdrms: Baths j Total :Bdims: Baths: Room Count 5 : 3 2 5: 3 2: 5 : 3 : 2 ; 6 : 3 : 2 : Gross L1vlno Area 1 424 Sa. Ft. 1 214 Sa. Ft. : +6300 1 358 Sa. Ft, : +1 980 1 392 Sa, Ft. : +960 Basement & Rnlshed NO NO NO NO . Rooms Below Grade N/A N/A ' N/A N/A functional Utilltv AVERAGE AVERAGE: AVERAGE: AVERAGE Heatina/Caollna FWAlCENT CENTRAL: CENTRAL: CENTRAL - EnerovEttlclentttems AVERAGE AVERAGE: AVERAGE: AVERAGE I GaraoelCarnort 1 CG ATT 2 CG ATT: 1 CG ATT: 2 CG ATT Porch, Patio, Deck, PORCH, DECK PORCH, DECK PORCH, PATIO AreDlace(s). etc. FPL FPL CVD DECK -1 000 SUN ROOM FPL -2 500 FPL Fence Pool etc. NONE NONE : FENCE : ,500 NONE : : : ,2500 +1,000 : : NetAdl.rtotan < + -:$ 2219M-:$ 3960]Mt-:S Adjusted Sales Price of ComDarable 1$ 104 719 98 040 95 460 Comments on Sales Comparison Qncludlng the subject property's compatibility to the neighborhood, etc.): /HE SUBJECT IS LOCATED IN AN AREA WHICH CONSISTS OF A WIDE RANGE OF DWELLINGS AS TO SIZE AGE AND QUALITY OF CONSTRUCTION. IT WAS NECESSARY TO EXPAND THE SEARCH FOR COMPS BEYOND THE PREFERRED TIME OF SALE. ALL COMPS LOCATED WITHIN A MILE OF SUBJECT, THE COMPS WERE SELECTED BASED ON SIZE DESIGN CONDITION & MARKET APPEAL & ARE CONSIDERED TO BE THE BEST SUITED UNITS OF COMPARISON AVAILABLE THROUGH THE LOCAL MULTIPLE LISTING SERVICE. IN THE APPRAISER'S OPINION THE COMPS USES ARE THE BEST AND MOST REPRESENTATIVE AVAILABLE. COMPS 1 SAME STREET AND WEIGHS HEAVIEST IN DETERMINING THE OPINION OF VALUE, ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 Date, Price and Data NONE NOTED NONE NOTED NONE NOTED Source, for prior sales withIn vear of aooralsal Analysis of any current agreement of sale, option, or listing of subject property and analysis of any prior sales of subject and comparables within one year of the date of appraisal: PER TAX CARD/DEED SUBJECT HAS NOT BEEN TRANSFERRED IN THE LAST 36 MONTHS. PER MLS # 48774 SUBJECT WAS LISTED 5/6101 FOR $99 900 - PER MLS # 51296 CURRENTLY RENTED. INDICATED VALUE BY SALES COMPARISON APPROACH ......,.........,..,........,.......,.......,.....,..,.,.".,...... "'.." ,. "". ...,'....., ,..,'. $ 102000 INDICATED VALUE BY INCOME APPROACH (If Aaollcablel Estimated Market Rent $ N/A /Mo. x Grass Rent Multioller N/A = S N/A ThIs appraisal Is made ~ 'as Is' 0 subject to the repairs, atterations, Inspections or conditions listed below U subject to completion per plans & speclllcations. Conditions of AppraIsal: NO WARRANTY OF THE APPRAISED PROPERTY IS GIVEN OR IMPLIED, NO LIABILITY IS ASSUMED OR IMPLIED FOR STRUCTURAL OR MECHANICAL ELEMENTS OF THE PROPERTY, Anal Reconciliation: THIS IS CONSIDERED TO BE A SUMMARY APPRAISAL REPORT. 1040 COMPARABLE NO.3 NONE NOTED . The purpose of this appraJsalls to estimate the market value of the real property that Is the subject of this report, based 011 the above conditions and the certification, contingent and limiting conditions, and market value definition that are stated In the attached Freddie Mac Form 439/FNMA form 1DD4B (Revised 6/93 ), . I (WE) ESTIMATE THEiltARKET VA EFINED, OFlHE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT, AS OF 12/5/2003 (WHICH IS THE DATE OF INSPE .. .FFFECTIVE DATE OFTHIS REPORT) TO BE $ 102,000 APPRAISER: JACKSON .' " ~ ~~L COMPANY SUPERVISORY APPRAISER (OUL Y IF REQUIRED): Slonature : . ~ ~ Slanature U Old 0 Did Not Name DENNIS JO :;>,;> <' Name Inspect Property 1 Da!Il Reoort Slaned 12/9/2 '" ":Jf;7'l Date Reoort Slaned State Certlflcatlon If A411 State N C State Certification # State Or State License If State Or State License # State Freddie Mac Foon 70 6193 PAGE 2 OF 2 I="rm IIA~ _ -TOTAl fnr WinrlnUlC::- Annrlllul <lnftw::lr. h\l.::ll 1.::11 mnrl. In... _ 1_J~nn_.d1 .dUnm= Fannie Mae Form 1004 6,93 I Supplemental Addendum IFile No, 03110781 Paoe #61 Ale No. 0311078 Borrower/Client DOREEN IMHOFF Prooertv AddrBSs 806 GADWELL LOOP CiIv JACKSONVILLE Countv ONSLOW lender DOREEN IMHOFF Slate NC Zip Code 28540 SITE THE APPRAISER HAS MADE AN ATTEMPT TO DETERMINE IF ANY FLOODING CONDITION EXIST BY PHYSICAL OBSERVATION AND COUNTY MAPS WITHOUT BENEFIT OF A SURVEY. ULTIMATE DETERMINATION OF FLOOD CONDITIONS SHOULD BE MADE BY A PROFESSIONAL SURVEYOR. NO BOUNDARY SURVEY WAS PROVIDED, LOT DIMENSIONS ARE APPROXIMATE AS FOUND IN DOCUMENTS ON FILE IN THE COUNTY REGISTRY. NOT BEING SURVEYORS, THE DIMENSIONS AND LOT SIZE INDICATED ARE APPROXIMATE OR QUALIFIED (+/-), AND MINOR VARIATIONS IN DIMENSIONS OR AREA WOULD NOT ADVERSELY AFFECT THE VALUE OF THE LAND. CONDITION OF IMPROVEMENTS NO DEFICIENCIES WERE OBSERVED AND NO REPAIRS ARE REQUIRED AT THIS TIME. AN ESTIMATE WAS MADE OF ACCRUED PHYSICAL DEPRECIATION USING THE ECONOMIC AGE-LIFE METHOD. NO FUNCTIONAL OR EXTERNAL DEPRECIATION WAS NOTED. ADVERSE ENVIRONMENTAL CONDITIONS THERE IS NO EVIDENCE OF TOXIC WASTE STORED ON THE SUBJECT PROPERTY. THE VALUE IS BASED ON THE ASSUMPTION THAT THE PROPERTY IS NOT NEGATIVELY AFFECTED BY THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE OR DETRIMENTAL ENVIRONMENTAL CONDITIQNS, UNLESS OTHERWISE STATED IN THIS REPORT. THE APPRAISER IS NOT AN EXPERT IN THE IDENTIFICATION OF HAZARDOUS SUBSTANCE OR DETRIMENTAL ENVIRONMENTAL CONDITIONS. THE APPRAISERS ROUTINE INSPECTION OF AND INQUIRES ABOUT THE SUBJECT PROPERTY DID NOT DEVELOP ANY INFORMATION THAT INDICATED ANY APPARENT OR SIGNIFICANT HAZARDOUS SUBSTANCE OR CONDITION THAT WOULD ADVERSELY AFFECT THE PROPERTY VALUE. IF ANY TEST AND/OR INSPECTION MADE BY A QUALITY EXPERT REVEAL THE EXISTENCE OF SUCH HAZARDOUS MATERIAL OR CONDITION IT WOULD HAVE A NEGATIVE AFFECT OF THE ESTIMATED MARKET VALUE. FINAL RECONCILIATION EMPHASIS IS PLACED ON THE DIRECT SALES APPROACH AS AN INDICATOR OF THE MARKET VALUE, IT REPRESENTS THE ACTION OF KNOWING BUYERS AND SELLERS IN THE MARKET. COST APPROACH IS NOT A GOOD INDICATION OF VALUE FOR EXISTING HOMES. LACK OF RENTAL DATA AND/OR LACK OF RENTED DWELLINGS MADE MEANINGFUL RENTAL AND GROSS RENT MULTIPLlEH CONCLUSIONS IMp.oSSIBLE, THEREFORE THE INCOME APPROACH WAS CONSIDERED BUT NOT APPLIED. ADDITIONAL COMMENTS ANY PARTY WHO USES OR RELIES UPON ANY INFORMATION IN THIS REPORT WITHOUT THE PREPARER'S CONSENT DOES SO AT HIS/HER OWN RISK. DIGITAL SIGNATURES THE SIGNATURE(S) AFFIXED TO THIS REPORT, AND CERTIFICATION WERE APPLIED BY THE ORIGINAL APPRAISER(S) OR SUPERVISORY APPRAISER AND REPRESENT THEIR ACKNOWLEDGEMENTS OF THE FACTS, OPINIONS AND CONCLUSIONS FOUND IN THE REPORT. EACH APPRAISER(S) APPLIED HIS OR HER SIGNATURE ELECTRONICALLY USING A PASSWORD ENCRYPTED METHOD. HENCE, THESE SIGNATURES HAVE MORE SAFEGUARD AND CARRY THE SAME VALIDITY AS THE INDIVIDUAL'S HAND-APPLIED SIGNATURE. IF THE REPORT HAS A HAND.APPLlED SIGNATURE, THIS COMMENT DOES NOT APPLY. MEASUREMENTS MEASUREMENTS ARE ROUNDED EITHER UP OR DOWN TO THE NEXT WHOLE NUMBER. FOR EXAMPLE FIVE INCHES OR LESS IS ROUNDED DOWN, AND SIX INCHES OR MORE IS ROUNDED UP, w,rm TAnn - "TOT41 fnr WJnnnwc' ~nnr:llt:~l cnftw~r. h\l!J 1::1 mnrtlll Int' __1..Ann.AI 4unn~ Supplemental Addendum !File No, 03110781 Paoe #71 Ale No. 0311078 Borrower/Client DOREEN IMHOFF Prooertv Address 806 GADWELL LOOP CItv JACKSONVILLE County ONSLOW State N C Zio Code 28540 Lender DOREEN IMHOFF MANUFACTURED HOMES ADDEND1:lM. CONFIRMED CLOSED SALES OF MANUFACTURED HOMES ARE VERY LIMITED. DUE TO THIS FACT, AN APPRAISER MAY FREQUENTLY HAVE TO GO SEVERAL MILES FROM THE SUBJECT PROPERTY TO LOCATE COMPARABLE SALES. OFTEN, SALES UP TO 25 MILES APART WILL BE IN THE SAME TYPE OF NEIGHBORHOOD. AS THE NUMBER OF SALES ARE LIMITED, GUIDELINES ARE FREQUENTLY DIFFICULT TO FOLLOW, PLEASE BE ASSURED THAT THE MOST COMPARABLE SALES AVAILABLE HAVE BEEN EXAMINED AND LOCAL SOURCES HAVE BEEN USED IN THIS REPORT. THE MOST RECENT SALES DEEMED COMPARABLE TO THE SUBJECT WERE USED. A STUDY OF LAND SALES IN THE SUBJECT'S AND COMPARABLE NEIGHBORHOODS INDICATES THAT LAND IS TYPICALLY SOLD BY THE "HOMESITE" AND NOT ON AN ACREAGE BASIS FOR RESIDENTIAL USE. AS EACH "HOMESITE" MUST MEET THE COUNTY BUILDING AND HEALTH REGULATIONS FOR SIZE, SOILS AND TOPOGRAPHY. A "HOMESITE" WILL TYPICALLY VARY IN SIZE FROM THE COUNTY MINIMUM TO SEVERAL ACRES. THE PRINCIPAL VALUE IS THEREFORE IN THE SITE AND NOT THE SIZE, OTHER ADJUSTMENTS MAY EXCEED RECOMMENDED GUIDELINES IN THE ,!l,PPRAISAL OF MANUFACTURED HOMES. THE UNDERWRITER MUST RELY ON THE JUDGEMENT OF THE APPRAISER IN CASES SUCH AS THESE. BE ASSURED, THE APPRAISER HAS SEARCHED THE MARKET FOR SALES, AND USED THE MOST COMPARABLE SALES AVAILABLE, AND HAS APPLIED ALL TECHNIQUES OF APPRAISING DEVELOPED THROUGH YEARS OF EXPERIENCE IN ORDER TO ARRIVE AT A CONCLUSION OF VALUE BASED ON THE DEFINITION OF "FAIR MARKET VALUE". ~nrm T6nn - .,.OT61 fnr Wlntinwcll :lInnr:liul c:nftw.lU'JI hu :112 mntfa Inl' _1.s::nn.AI AAAOnJ: IFile No, 03110781 Pace #81 ~ DEFINITION OF MARKET VALUE: The most probable price which a property should bring In a competitive and open market under aU conditions requisite to a falr sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price Is not affe'cted by undue stimulus. Impllcft In this definition Is the consummation 01 a sale as of a specll1ed date and the passIng of tItle from seUer to buyer under conditions whereby: (1) buyer and seUer are typically motivated; (2) bo1l1 parties are wen Infonned or well advised, and each acting In what he consIders his own best Interest (3) a reasonable time Is allowed for exposure In the open mar1let; (4) payment Is made In tenns of cash In U.S. dollars or In tenns of financial arrangements comparable thereto; and (5) the price represents the nonnal consideration for \he property sold unaffected by speelal or creative financing or sales concessions. granted by anyone associated with the sale. · Adjus1ments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are nonnally paid by sellars as a result of tradition or law In a mar1<et area; these costs are readily Identifiable since the seUer pays these costs In virtually aU sales transactions. Special or creative financIng adjuslmel1ts can be made to the comparable property by comparisons to financing tenns offered by a third party Institutional lender that Is not already Involved In the properly or transaction. Any adjustment should not be calculated, on a meehanlcal dollar for dollar cost of the financing or concession but \he dollar amount of any adjustment should approximate the mar1<et's reac1lon to \he financing or concllsslons based on the appralse(s judgement STATEMENT OF LIMITING CONDITIONS AND APPRJ"ISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appralse(s certlf1catlon that appears In \he appraisal report Is subject to \he following conditions: 1. The,appralser will not be responsible for matlers of a legal nature that affect either the property beIng appraIsed or the tItle to It. The appraiser assumes that the tItle Is good and marketable and, therefore, will not render any opinions about the title. The properly Is appraised Iln the basis of It being under responsible ownership. 2. nie appraiser has provided a sketch In the appraisal report to show approximate dimensions of the Improvements and the sketch Is Included only to assist the reader of the report In viSUalizing the property and understanding the appralse~s detennlnation of Its sIze. 3. The apPlllser has examined the avallable flood maps that are provided by the Federal Emergency Management Agllncy (or other data sources) and has noted In the appraisal report whether the subject sfte Is located In an Identified SpeCial Rood Hazard Area. Because the appraIser Is not a surveyor, he or she makes no guarantees, express or Implied, regarding thIs determination. 4. The appraiser will not give testimony or appear In court because he or she made an appraisal of the properly In qUlIstlon, unless specll1c arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land In the cost approach at Its highest and best use and the Improvements at their contributory value, These sepallte valuations of the land and Improvements must not be used In conjunction with any other appraisal and are Invalid n they are so used. 6. The appraiser has noted In the appraIsal report any adverse conditions (such as, needed repalrs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed durlng the Inspection of the subject properly or that he or she became aware of during the 110nnal research Involved In perfonnlng the appralsal. Unless o1I1erwlse stated In the applllsal report, the apPlllser has no knowledge of any hidden or unappllrent conditions of the properly or adverse environmental conditions Qncludlng \he presence of hazardous wastes, toxic substances, etc.) that would make the properly more or less valuable, and has assumed that \here are no such conditions and makes no guarantees or warranties, express or Implied, regarding the condition of the property, The appraiser will not be responsible for any such ,conditions that do exist or for any engineering or testing that might be re1lulred to discover whether such conditions exist. Because the appraiser Is not an expert In the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the Information, estimates, and opInions that were 8)pressed In the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of suc, ~ems that were fumlshed by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for In the Unnonn Standards 0'1 Professional Appraisal Practice, 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that Is subject to satisfnctory completion, repairs, or alterations on the assumption that completion of the Improvements will be perfonned In a workmanlike manner. 10, The appraiser must provide his or her prior written consent before the lender/client specmed In the appraisal report can distribute the appraisal report (UlCludlng conclusions about \he property value, the appralse(s Identity and professional designations, and references It, any professional appraisal organizations or the finn with which the appraiser Is associated) to anyone other than the borrower, the mortgagee or Its successors and assigns; the mortgage Insurer, consultants; professional appraIsal organizations; any state or federally epproved financial InstItution; or any department, agency, or Instrumentality of the Un~ed States or any state or the District of Columbia; except that the lender/client may dlstrlbu1e the properly desc~ptlon section of the report only to data collection or reporting servlce(s) without having to obtain the appralse(s prior written consent The appralse(s written c,~nsent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relatlons, neW$, sales, or other media. freddie Mac Fonn 439 8-93 Page 1 of 2 Fannie Mae Fann 1004B 6,93 .ll:lf'hnnvill,.. 6nn~iu' r.nmn"nulQin\ ~li~.QA?A IFlle No. 03110781 Paoe #91 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most iilmllar and proximate to the subject property for consideration In the sales comparison analysis and have made a dollar adjusbnent when appropriate to reflect the' market reaction to those Items of significant vanation. n a significant Item In a comparable property Is supetlor to, or more favorable Illan, Ille subject property, I have made a negative adjuslment to reduce the adjusted sales prtce of the comparable and, K a significant item In a comparable property is Infenor to, or less favorable than the subject property, I have made a positive adjusbnent to Increase the adjusted sales price of the comparable. 2. I have taken Into consIderation Ille factors Illat have an Impact on value In my development of Ille estimate of marlle! value In Ille appraisal report. I have not knowingly withheld any significant InfOlTT\ation from the appraisal report and I believe, to Ille lrest of my knowledge, that all statements and Information In the appraIsal report are true and correct. 3. I stated In the eppralsal report only my own p1lrsonal, unbiased, and professional analysIs, opinions, and conclusl'Jns, which are subject only to the contingent and limiting conditions specified In Illls form. 4. I have no present or prospective Interest In the property that Is the subject to this report, and I have no present or prospective personal Interest or bias with respect to the participants In the transaction. I ~Id not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on Ille race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or Occupi,nts of the subject property or of the present owners or occupants oIllle properties In the vicinIty of the subject property. 5, I have no present or contemplated future Interest In the subject property, and neither my current or future employmsnt nor my compensation for periormlng Illls appraisal Is contingent on the appraised value of Ille property. 6. I was not required to report a predetermIned value or direction In value Illatfavors the cause of the cUent or any related party, the amount of the value estimate, Ille attaInment of a specific resuK, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performIng Ille appraisal. I dId not base the appraisal report on a requested minimum veluation, a specUlc valuation, or !he need to approve a spe(;lflc mortgage loan. 7. I performed this appralsalln conformity with the UnKorm Standards 01 Professional Appralsal Practice that were adupted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In place as 01 the effective date of this appraisal, with the E,xceptlon of the departure pmvlslon of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for 8llposure In the open market Is a condition In the definition of market value and the estimate I developed Is consistent with the marketing time noted In Ille neighborhood section of this report, unless I have otherwlse stated in the reconciliation secllon, 8. I have personally Inspeeled the Interior and exterior areas of the subject property and the axterior of all prop1lrtles IIs1ed as comparables In the appraisal report. I further certlly that I have noted any apparent or known adverse conditions In the subject Improvements, on the subject site, or on any site within the Immediate vicinity of Ille subject prop1lrty of which I am aware and have made adjuslments for these adverse conditions In my analYSis of Ille property value to the extent that I had market evidence to support them. I have also commented about the effect 01 the adverse conditions on the mark,rtablllty 01 the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth In the appralsal report. III relied on slgnlllcant professional assistance from any Individual or Individuals In the performance of the appraisal or the preparation of the appraisal report, I have named such Indlvldual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appralsal report. I certify that any Individual so named Is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, II an unauthorized change Is made to the appraisal report, I will take no responsibility for It. SUPERVISORY APPRAISER'S CERTIFICATION: K a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I dlrectiy supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the stlltements and conclusIons 01 the appralser, agree to be bound by the appraJser's certifications numbered 4 through 7 above, and am taking full responsibility for thelppralsal and the appralsal report. ADDRESS OF PROPERTY APPRAISED: 806 GADWELL LOOP, JACKSONVILLE, NC 28540 APPRAISER: SUPERVISORY AI'PRAISER (only If required): Signature: Name: DENNIS JOH Date Signed: 12/9/2 0 State Certification #: A411 or State UCMse #: State: NC Expiration Date of Certll1cation or Ucense: 6/30/2004 Signature: Name: Date Signed: State Certification If: or State License If: State: expiration Date of Certll1catilln or License: U Old 0 Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 012 Fannie Mae Form 1004B 6,93 H-lrm ar.R _ 'lnT4I Inr WlnrinwC!' ,nnnlul cnfhu". hv a la mntt. '"I' _ 1.Arln.41 AMnm: ****THIS PAGE IS FOR YOUR INFORMATION ONLY**** WE ARE REQUIRED BY REGULATION TO PROVIDE YOU THIS INFORMATION LOAN NUMBER 655794-6 TIMOTHY L & OOREEN M IMHOFF P~jncipal Residential Mortgage, Inc. AUGUST 18, 2004 PROJECTIONS FROM YOUR PREVIOUS ESCROW ANALYSIS BELOW IS A COPY OF THE ESCROW PROJECTIONS 8-07-03. THIS IS WHAT WE ESTIMATED WOULD PAYMENTS PAYMENTS TO FROM MONTH ESCROW ESCROW FROM YOUR PREVIOUS ESCROW ANALYSIS, WHICH WAS DATED HAPPEN IN YOUR ESCROW ACCOUNT. ESCROW DISBURSEMENT DESCRIPTION REQUIRED BALANCE PROJECTION OCT-03 NOV-03 NOV-03 DEC-03 JAN-04 FEB-04 MAR-04 APR-04 MAY-04 uUN-U'l JUL-04 AUG-04 SEP-04 EXTRA MONEY $117.17 $117.17 $117.17 $117.17 $117.17 $117.17 $117.17 $117,17 ~, ,7. ,7 $117.17 $117.17 $117.17 (CUSHION) $747.37 $658.68 INSURANCE PREMIUM COUNTY TAX $1,171.71 $ 1 , 288 . 88 $0.00 * $117.17 $234.34 $351.51 $468.68 $585.85 $703.02 $020. i9 $937.36 $1,054.53 $1,171.70 STARTING BALANCE NEEDED --------------------------------------------------> * NO IS BEING HELD IN YOUR ESCROW ACCOUNT. HISTORY OF ACTUAL TRANSACTIONS TO YOUR LOAN BELOW IS A HISTORY OF THE ACTUAL TRANSACTIONS TO YOUR ESCROW ACCOUNT FOR THE PREVIOUS 12 MONTHS. THIS TIME PERIOD MAY DIFFER FROM THE 12 MONTHS SHOWN ABOVE. PLEASE NOTE SINCE THE TAX AND INSURANCE PROJECTIONS SHOWN ABOVE WERE ESTIMATES, IT IS LIKELY THE ACTUAL TAX AND INSURANCE DISBURSEMENTS SHOWN BELOW WILL DIFFER IN EACH INSTANCE. IF YOU HAVE ANY QUESTIONS, PLEASE CALL 1-800-367-6448. PAID DUE TRANSACTION LATE ESCROW DATE DATE DESCRIPTION PRINCIPAL INTEREST CHARGE ESCROW BALANCE BEGINNING BALANCE $71,877.40 $850.28 08-04-03 08-01-03 PAYMENT 127.75 449.23 117.20 967.48 09-03-03 09-01-03 PAYMENT 128.54 448.44 117.20 1 ,084 . 68 10-03-03 10-01-03 PAYMENT 129.35 447.63 124.42 1,209.10 10-22-03 INSURANCE PREMIUM 749.00- 460.10 11-03-03 11-01-03 PAYMENT 130.16 446.82 124.42 584.52 11-07-03 ANNUAL COUNTY TAX 635.64- 51.12- 12-03-03 12-01-03 PAYMENT 130.97 446.01 124.42 73.30 01-05-04 01-01-04 PAYMENT 131.79 445.19 124.42 197.72 02-03-04 02-01-04 PAYMENT 132.61 444.37 124.42 322.14 03-03-04 03-01-04 PAYMENT 133.44 443.54 124.42 446.56 04-05-04 04-01-04 PAYMENT 134.28 442.70 124.42 570.98 Q<;;-Q8-()4 O'i-()1-Q4 PAYMF:NT 13'5 11 441.87 1?4 4? 119" 4C\ 06-03-04 06-01-04 PAYMt:NT 135.96 441.02 124.42 819.82 07-06-04 07-01-04 PAYMENT 136.81 440. 17 124.42 944.24 08-03-04 08 - 0 1 - 04 PAYMENT 137.66 439.32 124.42 1,068.66 08-18-04 ESCROW SURPLUS REFUND 265.60- 803.06 ENDING BALANCE $70, 152.97 $803.06 ~ ... tti :','.\ .. PO. Box 711, Des Moines, Iowa 50303,0711 FF 5203.2 EXHIBIT G Motorcycle rag~ 1 01 1 . Kelley Blue Book 1M! TRUSTED RESOURCE . ~.~. HOME NEW CARS USEO CARS REVIEWS & RATltiGS AOVICE fiNANCING & INSURANCE o Free 0881.1' Price Quote 0 Seartfl USed Car Listings 0 U&l Your Csr fo1 SilMt BLUE BOOK MOTORCYCLE RETAil REPORT November 19, 2004 1986 Suzuki GV1400GT Cavalcade 4-Cylinder 4-Stroke 1360cc Buy a Motorcycle Sell Your Motorcycle Motorcycle APRs from 6.15% Motorcycle Store Motorcycle Insurance Anothelr Report Suggested Retail Value $2720 The Kelley Blue Book Suggested Retail Value is representative of deah~rs' asking prices and is the starting point for negotiation between a consumer and a dealer. This Suggested Retail Value assumes that the unit has been 1fu/ly reconditioned and is in excellent condition. Mileaqe/condition and additional eauipment may have a substantial impact on the value shown above. This value also takes into account the dealers' profit, costs for advertising, sales commissions and other costs of doing business. The final sale price willi likely be less depending on the unit's actual condition, popularity I type of warranty offered and local market conditions. -'_._.--_._-.._---~-----_._._----_._----~._-_._--,_._--.-'---.------..-------.------ Copyright C 2004 by Kelley Blue Book Co., All Rights Reserved. Sep-Dee 2004 Edition. The inl'ormation in this report Is intended for the personal use of the customer only and may not be sold or transmitted to another party. We assume no responsibflity for errors or omissions. ;; http://www.kbb.comlkb/ki.dlllke.kb.mr?kbb.NC;032201;NC133&28540;n.~;r&154&1986;Suzuki;GV14...11/19/2004 ~elley tslUe tsook - Ynvate Yarty Yncmg Keport - J:<orel, J:<'ocus Page ! ot '1. . KeUey Blue Book THE TRUSTED RlSOURCE . kbb.coftl /USEO CARS ~ GRADUATED IN: .-11.. HOME NEW CAKS REVIEWS & RArltlGS AOVICE FINANCING & INSURANCE () Ft&e Oealllr Price Quole 0 :S4Iatall Used Car Lia~ings 0: liS! Your Cer ror Sale BLUE BOOK PRfYATf PARTY REPORT North Carolina · November 19, 2004 ,:"cva r:: st r~"cr.t Engine: 4-Cyl. 2.0 Liter Trans: 5 Speed Manual Drive: Front Wheel Drive Mileage: 13,000 Equipment Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM{FM Stereo Cassette Single Compact Disc Dual Front Air Bags ABS (4-Wheel) 2001 Ford Focus LX Sedan 40 _r......... III "'-4." -,,,~ . . :','" 4/ "'."f1i~ -":;;,.. c '- ,110. Search Listings for This Car List Your Car For Sale Online Buy a New Car Free Record Check Auto Loans from 3.69% APR Insurance Quote Print "For Sale" Siqn payment Calculato! Consumer Rated Condition: Excellent "Excellent" condition means that the vehicle looks new, is in excellent mechanical condition and needs no reconditioning. This vehicle has never had any paint or body work and is free of rust. The vehicle has a clean title history and will pass a smog and safety inspection. The engine compartment is clean, with no fluid leaks and is free of any wear or visible defects. The vehicle also has complete and verifiable service records. Less than 5% of all used vehicles fall into this category . Private Party Value Search Local ListinQs for This Car $6,550 Private Party Value is what a buyer can expect to pay when buying a used car from a private party. The Private Party Value assumes the vehicle! Is sold "As Is" and carries no warranty (other than the continuing factory warranty). The final sale price may vary depending on the vehicle's actual condition and local market conditions. This value may also be used to derive Fair Market Value for insurance and vehicle donation purposes" Get a Used Car Trade-In Value Get Invoice & MSRP on New Cars Get a Person to Person Auto Loan http://www.kbb.com/kb/ki.dll/kw.kc.ur?kbb.NC;483398;NC133&;sed+p&903;Ford;2001Focus&4;FO;...11/19/2004 ~.....,....a..a.""'J .....,...""''''''' Jj..#V_"''' ......--.... ............ .......-..""..0 ---r--'" --.--, -- - - - ------r . Wey Blue Book THE TRUSTED RESOURCE . kbluflftl 1- USED CAR$ HOME NEW CARS REVIEWS & RATlHGS ADVICE FtNANCI/riG & IHSlJft:AHCE o Ft&ll Dealer Pl'ice Quote 0 S9arr..1\ UHd Car Li61ings 0 USI Your Csr ror Sale BLUE BOOK TRADE~IN VALUE North Carolina · November 19, 2004 1998 GMC 1500 Pickup Club Coupe Long Bed See Local ListinQs of This Car List Your Car For Sale Online Buy a New Car Free Record ChElck Auto Loans from 3.69% APR Insurance Quote Payment Calculator _&:.""',' ~ , " ,jt " ~ - ~,...........- T.~ ., Engine: V6 4.3 Liter Trans: 5 Speed Manual Drive: 2 Wheel Drive Mileage: 92,795 Equipment SL Air Conditioning Power Steering AM/FM Stereo Dual Front Air Bags ABS (4-Wheel) Consumer Rated Condition: Fair "Fair" condition means that the vehicle has $ome mechanical or cosmetic defects and needs servicing but is stili in reasonable running condition. This vehicle has a clean title history, the paint, body and/or Interior need work performed by a professional. The tires may need to be replaced. There may be some repairable rust damage. Trade-In Value List Your Car For Sale Online $3,715 Trade-In Value is what consumers can expect to receive from a dealer for a trade-In vehicle assuming an accurate appraisal of condition. This value will likely be less than the Private Party Value because the reselling dealer Incurs the cost of safety inspections, reconditioning and other costs of doing business. Get a Private Party ~ Get Invoice & MSRP on New Car~ /'J.::\.'cr: ::.;,:::r"'Cf'': m M C. I WE AlE 'ROrESSIOUL SRADE~ http://www.kbb.comlkb/ki.dlllkw.kc.ur?kbb.NC;281883;NCI33&28540;+t&278;GMC;1998%201500%...11/19/2004 '!!'-~'~~~ fit, ~'l r' (~ . roo '! . , ~ 1"'.....)- ,:.:.:> ~" :.-.1 .1- I'~:.J . ' Cl I /'-) U -n '-j :1 -,., rnr:::. --nr:2' -t.leJ "', L '-:-::1~~ -)- 'fl ~~~~ .~(> ';.] ~ )::" ....".. _;I.. C) u, 03 - jfL.{{ C<->~l7~ Income and Expense Statement: Doreen Imhoff THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appe:ars on the last page of this income and expense statement.) INCOME STATEMENT OF: I verifY that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. // J.ih IfCJ.(lO'f ~~ Date Plaintiff or Defen . Gross Income per Pay Period: $ tf~,&'/ b I - LlI.e ekly' Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Dental Medicare Union Dues Net Pay per Pay Period $ If 3/, 7;;l.. QlUGINAL "-'=- Income and Expense Statement P ACSES Case Number OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other - V A Disability Other - Child Support Adopt. Asst.$ 800 Other - adoption Child supp. $1200 Assistance TOTAL TOTAL INCOME $ $2000.00 $ EXPENSES (Fill in Appropriate Amounts) WEEK MONTH YEAR Home Mortgage/Rent $ $681.00 $ Maintenance Utilities - Storage Electric $140.00 Gas Oil Telephone $89.00 Water $ $30.00 $ C:\SharedIPam\I\lmhoff, Doreen\lncome and Expense Statement Form.doc Income and Expense Statement P ACSES Case Number Sewer Trash $17.00 Employment . Public Transportation Lunch $12.50 Trans-Car Taxes Real Estate $654.71 Personal Property Income: Federal NC Vehicle Tax $50.00 Insurance Homeowners and Auto $695.00-homeowners $770.00-auto Automobile Life $48.00 Accident Health Other Automobile Payments Fuel $125.00 Repairs $30.00 Medical Doctor $500.00 Dentist $480.00 Orthodontist Hospital C:\SharedIPam\I\lmhoff, Doreen\Income and Expense Statement Form,doc Income and Expense Statement P ACSES Cas.e Number Medicine Medicine $50.00 Special needs $700.00 Glasses for 3 (exams etc.) Therapy Education Private School School supplies/field trips $30.00 College HACC Religious Computer $25.00 Personal Clothing $75.00 Food $300.00 Hairdresser Credit Payments: $100.00 Credit Card Charge Account Memberships Fulton Bank $241.00 Loans Credit Union Miscellaneous Household Help Stamps $14.80 Papers/Books/Mags $20.00 Entertainment $50.00 Pay TV $50.00 Vacation Gifts Legal Fees $400.00 Termix $22.00 Modem Exterm- Yearly $88.00 Termite Insp. C:\Shared\Pam\I\Imhoff, Doreen\Income and Expense Statement Fonn.doc Income and Expense Statement PACSES Case Number Down East Heat and Air $109.00 Heat Pump Insp. Misc. Repairs $30.00 Charitable Contributions Other Child Support Alimony Payments Dog Sitter Other - extracurricular for $166.00 children Child Care $100.00 TOTAL EXPENSES $ 2,667.80 $4099.16 PROPERTY DESCRIPTION Ownership* VALUE OWNED H W J Checking Accounts NFCU $1000.00 X Savings Accounts NFCU $1500.00 X Ephrata Nat'1 $135.00 X Credit Union Stocks/Bonds Real Estate 806 Gadwell Loop, Jacksonville, NC $104,215 X Appraisal 12/5/03 TOTAL Coverage* INSURANCE COMPANY POLICY # H W C Hospital X X X Blue Cross Other Medical Blue Cross Other C:\Shared\Pam\I\Imhoff, Doreen\Income and Expense Statement Fonn.doc Income and Expense Statement P ACSES Case Number Coverage* INSURANCE COMPANY POLICY # H W C Health! Accident Disability Income Dental Other C:\Shared\Pam\I\Imhoff, Doreen\Income and Expense Statement Fonn.doc Income and Expense Statement P ACSES Casle Number Supplemental Income Statement a. This form is to be filled out by a person (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement c. Name of business: Address and Telephone: d, Nature or business (check one) _ (1) partnership _ (2) joint venture _ (3) profession _ (4) closed corporation _ (5) other e. Name of accountant, controller, or other person in charge of financial records f. Annual income from business: (1) How often is income received? (2) Gross income per pay period (3) Net income per pay period (4) Specified deductions, ifany: C:\Shared\Pam\I\Imhoff, Doreen\Income and Expense Statement Fonn.doc Brynn Marr Behavioral Health Care East.Carolina Psychiatric Services Corp. 192 Village drive Jacksonville, NC 28546 VQUCt\ER NUMBER 58213 CHECK DATE: 10/29/04 Aw TO THE ORDER OF FOUR HUNDRED THIRTY-ONE 72/100 IMHOFF,DOREEN M 806 GADWELL LOOP JACKSONVILLE, NC 28540 AMolfflT ***$431.72 STATEMENT OF EARNINGS AND DEDUCTIONS. DETACH AND KEEP FOR YOUR TAX RECORDS ~~tlW~ N'~:, ,\. .. .. .. ... ""':.'. ",,:,:,',:,::,,'\':::::l!iMl!:lt)~lN~U~Il:.;\:Y':'" .... '..'}:I: }}:::tl/ai!'AR't:WEtll'l'?:: :'::::1:::::' :'e.fll:~\t\).ll1'l:: "it....: ~~:Clfl\!\l_lI IMHOFF DOREEN M I 170-54-9098 I 051 8650 I 10/29/04 /58213 'CVMENrl!i:AAMI'lG$,.' ',::WRAa/-t'r~ ':::~ii::;ii:i1~... .:etI1H1l!:l'4t::Ner:l!!AV: ::l!!'A't'l!!l!il!lIOI):I:l'll:i:: ::'::'::wmIlWtDlIil!a::l)E$e;::" .. :l'mSJD/:O, VEAA TO tlAll: 473 8 42 09 431 72 10/23/04 FH~A-SS . VfDEAffl'jINo.s :i'!/)T~e~ ", "~~~~~ ... .' :.. 'i%pl!l~t"Ar"', . .. .<HA-1I!:. .... ..... FICA - MED 14 2 8 4 c 115 13 13 13 3 6 7 00 FED EA~N1Nt.l0fiS:~1l1Pt19n ". ........ .il9~~$.i} ..~AA~'~G$>.IWI\iD~jM;~~s@iptl~ NC STATE TAX REG 66 760 467 32 SHIFT DIFF 12 980 6 49 29 38 6 87 1 41 4 43 88 58 20 71 1 41 4 43 66 760 473 81 : :t~fAt;::iiQUM::. :' .:t:QtAfj;N#.li~as..::.: Brynn Marr Behavioral Health Care . TOTALS ~ 42 09 115 13 .. .10tt~$:i'il:iP:: .TQtYroj~s:/tlj;Q 192 Village Drive Jacksonville, NC 28546 7"." ',r) .1: .~/ J:.... I r n '/ 1..J C r I v' (/ b (~' JJkly r'\.-! it! DEPOSIT DATE 10/15/04 Brynn Marr Hospital 192 Village Drive Jacksonville, North Carolina 28546 DEPOSIT NUMBEF 5?qiL? THRFE HUNDRED FIFTY-FIVE 33/100 DEPOSIT IMHUfF- . DOREE::N t1 806 GADWELL LOOP JACI<SONVTLU-:, NC 7.8540 DEPOSIT AMOUNl :'t. :t. :.: 11 :3 ~) ~:I , .3~' TO THE ORDER OF DEPOSIT NOTIFICATION ~AME I EMPLOYEE NUMBER I DEPT I CHECK DATE I CHECK NUMBE ; i, ~ :' i r) H , U ( I :~: f:: C. ~~ ~ll 170-54--9098 051.8650 10/15/0<1 5/98? :URRENT EARNINGS CURRENT TAXES CURRENT DEDUCTIONS CURRENT NET PAY PAY PERIOD END DATE WITHHOLDING DESCRIPTION TAXES/OED YE AR T ?, 811.77 Z0.44 355.33 10/09/04 FICA-'SS 23. (';.h , 'TO EARNINGS YTD TAXES YTD DEDUCTIONS YTD NET PAY RATE rICA,-.MED 5.58 (I ':i4 . 6 i3 73.04 881 .64 7.00 EARNING DESCRIPTION I HOURS EARNINGS AVAILABLE DESCRIPTION ( , r, 54.110 378,77 I I I , , If T D i i'r: I 12.000 6.00 I , I I i j I , ! i ! i I I I I ! I I, i i ! ! I I I . L--- I 54.110 384.77 ~ TOTALS ~ 29.44) , I I - ---" --.L.... ___ R o . ( ) . 1: 7 r- j;. q -; =<:! .... r--.) c::;,:::., ~"2 CJ rTI n I N o -n ....... T r'l'i ;J1 "rn ~Py l:-iO '.-, ::'-) :d .':C) c.')tn u:1 ~ .D -.< ;r.. _..:..~ a +;- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW Doreen M. Imhoff Plaintiff v No. CI-03-3841 Timothy L. Imhoff Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediatdy after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: 9 - (; . O."J- r-.....) c::::: c::~, c.n S2. ~.' , ,) () ~n t.<' ',..:::'> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW Doreen M. Imhoff Plaintiff VS. CI-03- 3841 Timothy L. Imhoff Defendant POSTNUPTIAL AGREEMENT THIS AGREEMENT made this &~ day of ~ ,2005, by and between DOREEN M. IMHOFF, (hereinafter referred to as WIFE), and TIMOTHY L. IMHOFF, (hereinafter referred to as HUSBAND). WITNESETH: WHEREAS, the parties were married on December 22,1979, in Ephrata, Pennsylvania; and WHEREAS, the parties are the parents of two minor children, namely, Kristofer A.R. Imhoff, born December 23, 1988 and Hannah R.M. Imhoff, born June 14, 1994, and WHEREAS, in consequence of disputes and irreconcilable differences between them, the parties are now living separate and apart. In view oftheir present intention to live apart for the rest oftheir lives, they are desirous of settling their respective property rights. NOW THEREFORE, for and in consideration of the mutual benefits to be derived here from and intending to be legally bound hereby, the parties agree as follows: 1 1. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control ofthe other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 2. REAL PROPERTY: The parties are the owners as tenants by the entireties of residential real estate situated at 806 Gadwell Loop, Jacksonville, North Carolina, 28540-9630. WIFE agrees to be solely responsible for the mortgage payments on said property and HUSBAND does hereby assign and transfer to WIFE all of his right, title and interest in and to the premises at 806 Gadwell Loop, Jacksonville, North Carolina. HUSBAND shall have no further claim, right, interest or title whatsoever in said property and he further agrees never to assert any claims to said property in the future. HUSBAND agrees to execute a Quit Claim Deed prepared by his counsel at the time of execution of this document. WIFE to refinance the property within ninety days of execution of this Agreement. WIFE shall be solely responsible for all encumbrances and taxes regarding said real estate, and shall indemnify and hold HUSBAND harmless regarding same. 3. BANK ACCOUNTS: At the time ofthe parties' separation, and at various times thereafter, they have amicably divided between themselves their bank accounts, including checking, savings, credit union accounts, and the like. It is hereby agreed that each shall retain as their separate property any and all such accounts as are in his or her possession at the time this Agreement is signed. 2 4. MOTOR VEHICLES: _The vehicles presently in each party's possession shall remain in the possession of same party. Each party assumes full responsibility for the motor vehicle(s) each possesses, including automobile insurance coverage. HUSBAND and WIFE agree to save and hold each harmless with regard to vehicles in each party's respective possessIOn. S. CUSTODY: Legal and primary physical custody of the parties' minor children has been resolved pursuant to an Order of the Court of Common Pleas of Cumberland County, Pennsylvania dated, October 15, 2003, docketed at No. CI-03-3842. Any further modifications of custody shall be according to law. 6. SUPPORT: Support for the children has been resolved pursuant to an Order of Court of Common Pleas of Cumberland County, Pennsylvania, dated February 11, 2004, docketed at No. 695 AS 2003, P ACSES Case No. 137105688. The support shall be subject to modification in the event of a change in circumstances of either the parties or the children. Any further modifications of support shall be according to law. 7. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY: Both of the parties hereto give up and forfeit any and all claims of any kind whatsoever for any spousal support, and alimony pendent elite now and forever. Both parties specifically acknowledge, understand and agree that neither shall now or in the future have any claim against the other for any form of support, or alimony pendent lite, whether such rights or claims were acquired during the marriage or during the separation, or at any time whatsoever, with no obligation in either party to pay any sum on account thereof to the other now or ever. The parties hereby represent and warrant to each other that each waives 3 any claim that he or she may have had or will have to alimony, alimony pendente lite, and/or spousal support payments from the other as permitted by Pennsylvania Jaw. 8. MARlTALDEBT: The parties have an NFCU Credit Card with an outstanding balance. The escrow account held at M & T Bank will be allocated toward payment of the outstandingbaJance on said card. WIFE will pay to HUSBAND the total of$238l.60 in four monthly installments of $595.40, to be paid by the 28th ofthe month, toward her share of the outstanding balance. 9. LIFE INSURANCE: Each party hereby waives and relinquishes any interest he or she may have in any life insurance policies owned by the other, whether acquired before, during or after the marriage. This waiver applies to any right or interest he or she may have as owner or beneficiary in any such policy or policies. 10. PENSION/RETIREMENT PLANS AND/OR FUNDS: WIFE is to receive 50% of HUSBAND'S gross military retirement, with the children, Kristofer and Hannah to be designated as beneficiaries to receive Survivor's Benefit Plan Benefits (SBP). This designation never to be changed. Monies received by the children to be placed in the children's savings accounts with WIFE as custodian of said accounts. Said acconnts already being established in North Carolina. Parties have agreed to effectuate all documentation to reflect disbursement of military pensionlbenefits and SBP designation as this Agreement has outlined. 11. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that since the separation she has not and in the future she will not contract or incur any debt or liability for which HUSBAND or his estate might be responsible and shall indemnify and save harmless HUSBAND from any and all claims or demands made against her by reason of debts or obligations incurred by her. 12. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since the separation he has not and in the future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible and shall indemnify and save harmless WIFE 4 from any and all claims or demands made against her by reason of debts or obligation incurred by him. 13. W ANERS 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, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party ofthe lawfulness or unlawfulness ofthe causes leading to their living apart. 15. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried except as may be necessary to carry out the provisions of the Agreement. Neither party shall in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 16. MUTUAL RELEASES: 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 in law or equity, which 5 either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action for breach of any provisions of this Agreement. 17. EXECUTE AFFIDAVITS OF CONSENT: The parties hereto agree to execute affidavits of consent to a divorce action ninety days after the filing of the divorce action in a form which complies with the Pennsylvania Rules of civil Procedure. The HUSBAND agrees thereafter to take all necessary steps to finalize the divorce action and provide WIFE with a copy of the divorce decree. Neither HUSBAND nor WIFE shall either directly or indirectly permit the withdrawal of their respective Affidavits of consent or of any other document executed by HUSBAND and WIFE necessary to carry out the terms of the Agreement. 18. FINAL JUDGMENT OR DECREE OF ABSOLUTE DNORCE: At the time that either HUSBAND or WIFE shall recover a final judgment or decree of absolute divorce, in a court of competent jurisdiction, the provisions of this Agreement shall not be deemed to merge into such judgment or decree, regardless of whether such judgment or decree refers to this Agreement or the substance thereof, or incorporates same by reference. This Agreement shall survive any such final judgment or decree of absolute divorce and shall have legal significance and be entirely independent thereof. 19. BREACH: 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, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or her. 20. 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 6 instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel: for WIFE, Pamela J. Breneman: for HUSBAND, Jane Adams, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. FULL DISCLOSURE: The parties warrant to one another that each has fully disclosed to the other a full and complete statement of his or her assets and liabilities as of the date hereof which disclosure has been relied on by each party and is a material part of this Agreement. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than thos expressly set forth herein. 24. MODIFICA TION, 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. 25. SEPARATE ASSETS: The parties hereby agree that, as to all assets not specifically mentioned herein, which are presently owned by or titled in the sole name of one of the parties hereto, or, if untitled, are presently in the sole possession of one of the parties hereto, 7 the party not having title or possession hereby waives, releases, relinquishes and forever abandons any and all claims therein, including any claim to death benefits or other common law or statutory rights, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 26. AFTER ACQUIRED PROPERTY: The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by either party, with full power to dispose ofthe same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ~~~u ~ 1~J/1M~ ~~- ~6~ ~5~~ TIMOTHY L. IMHOF 8 r--." c:;.., n '~i'"l :::.1 C,l (...J \c <'-"'::1 DOREEN M. IMHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO. 03 - 3841 CIVIL TERM TIMOTHY L. IMHOFF, Defendant : IN DIVORCE. AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 7, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verilY that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Cj /lSh 00 '} C;=~.'~~.<e Timothy L. Imlioff, Defen ant (") ,..., ~ = c: = ~ <:.11 -015' <n :e r.-1.f. r<1 i~ z :~l~ ." tf.):,' N -<,- <:) r:' C :C \_- "" ~:!l ~l-': (- ~2- :x z~ ~ 0 z ?E :2 +' -.I '< Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA DOREEN M. IMHOFF, V. : NO. 03 - 3841 CIVIL TERM TIMOTHY L. IMHOFF, Defendant : IN DIVORCE. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND &330Hd) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verilY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: q/lflzoo,? ~.~g# Timothy L. Imhoff, Defendant (") C :.,... 'U .--' !T,l-~ ~~:J ;' Cf)J: "-co ~., r:"'" ~.-:;-C. ~~ 2; :;;l ~ ...., = = c.n (/) <T1 -0 N o " :x: ~ s:- -.j ~ ~:n ~~ -.6 B:U 20 Om ~ -< DOREEN M. IMHOFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 3841 CIVIL TIMOTHY L. IMHOFF, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~) iJ,L ;;tV day of ~/j?~ 2005, the economic claims raised in the proceedings having been resolved in accordance with a postnuptial agreement dated September 6, 2005, 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, .J. Ge cc: ~mela J. Breneman Attorney for Plaintiff Defendant oq - ')J .0' ~- Co ~f~ \J.~ "1-. ~.k}:> <;so.~ ()~ 0-\.0- ~'t '6 ,-0 c::> 9 ~ ~ 0-, 'tJ, ..g, ~ ?;: 7:' .. ")G'_~ 7~~!'1 --~~~ ',),:;'~ "(0. . "," \.;:.:;. . ,e.._ Yi;Li \1,}'LJ.- ~) o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. CI-03- 3841 () ~-, 0 C.-"-:) ( -...:..~ -'11 ~, c. 'C' ::;1 '; f"jl .' (.oJ ::-:--., ....,n CJ Doreen M. Imhoff Plaintiff Timothy L. Imhoff Defendant POSTNUPTIAL AGREEMENT THIS AGREEMENT made this fj'J.,<-\ day of ~ ,2005, by and between DOREEN M. IMHOFF, (hereinafter referred to as WIFE), and TIMOTHY L. IMHOFF, (hereinafter referred to as HUSBAND). WITNESETH: WHEREAS, the parties were married on December 22, 1979, in Ephrata, Pennsylvania; and WHEREAS, the parties are the parents of two minor children, namely, Kristofer A.R. Imhoff, born December 23, 1988 and Hannah R.M. Imhoff, born June 14, 1994, and WHEREAS, in consequence of disputes and irreconcilable differences between them, the parties are now living separate and apart. In view of their present intention to live apart for the rest of their lives, they are desirous of settling their respective property rights. NOW THEREFORE, for and in consideration ofthe mutual benefits to be derived here from and intending to be legally bound hereby, the parties agree as follows: 1 1. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 2. REAL PROPERTY: The parties are the owners as tenants by the entireties of residential real estate situated at 806 Gadwell Loop, Jacksonville, North Carolina, 28540-9630. WIFE agrees to be solely responsible for the mortgage payments on said property and HUSBAND does hereby assign and transfer to WIFE all of his right, title and interest in and to the premises at 806 Gadwell Loop, Jacksonville, North Carolina. HUSBAND shall have no further claim, right, interest or title whatsoever in said property and he further agrees never to assert any claims to said property in the future. HUSBAND agrees to execute a Quit Claim Deed prepared by his counsel at the time of execution of this document. WIFE to refinance the property within ninety days of execution of this Agreement. WIFE shall be solely responsible for all encumbrances and taxes regarding said real estate, and shall indemnify and hold HUSBAND harmless regarding same. 3. BANK ACCOUNTS: At the time of the parties' separation, and at various times thereafter, they have amicably divided between themselves their bank accounts, including checking, savings, credit union accounts, and the like. It is hereby agreed that each shall retain as their separate property any and all such accounts as are in his or her possession at the time this Agreement is signed. 2 4. MOTOR VEHICLES: _The vehicles presently in each party's possession shall remain in the possession of same party. Each party assumes full responsibility for the motor vehicle(s) each possesses, including automobile insurance coverage. HUSBAND and WIFE agree to save and hold each harmless with regard to vehicles in each party's respective possessIOn. 5. CUSTODY: Legal and primary physical custody of the parties' minor children has been resolved pursuant to an Order of the Court of Common Pleas of Cumberland County, Pennsylvania dated, October 15, 2003, docketed at No. CI-03-3842. Any further modifications of custody shall be according to law. 6. SUPPORT: Support for the children has been resolved pursuant to an Order of Court of Common Pleas of Cumberland County, Pennsylvania, dated February 11, 2004, docketed at No. 695 AS 2003, PACSES Case No. 137105688. The support shall be subject to modification in the event of a change in circumstances of either the parties or the children. Any further modifications of support shall be according to law. 7. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY: Both of the parties hereto give up and forfeit any and all claims of any kind whatsoever for any spousal support, and alimony pendent elite now and forever. Both parties specifically acknowledge, understand and agree that neither shall now or in the future have any claim against the other for any form of support, or alimony pendent lite, whether such rights or claims were acquired during the marriage or during the separation, or at any time whatsoever, with no obligation in either party to pay any sum on account thereof to the other now or ever. The parties hereby represent and warrant to each other that each waives 3 any claim that he or she may have had or will have to alimony, alimony pendente lite, and/or spousal support payments from the other as permitted by Pennsylvania law. 8. MARlT AL DEBT: The parties have an NFCU Credit Card with an outstanding balance. The escrow account held at M & T Bank will be allocated toward payment of the outstanding balance on said card. WIFE will pay to HUSBAND the total of$2381.60 in four monthly installments of $595.40, to be paid by the 28th of the month, toward her share of the outstanding balance. 9. LIFE INSURANCE: Each party hereby waives and relinquishes any interest he or she may have in any life insurance policies owned by the other, whether acquired before, during or after the marriage. This waiver applies to any right or interest he or she may have as owner or beneficiary in any such policy or policies. 10. PENSION/RETIREMENT PLANS AND/OR FUNDS: WIFE is to receive 50% of HUSBAND'S gross military retirement, with the children, Kristofer and Hannah to be designated as beneficiaries to receive Survivor's Benefit Plan Benefits (SBP). This designation never to be changed, Monies received by the children to be placed in the children's savings accounts with WIFE as custodian of said accounts, Said accounts already being established in North Carolina. Parties have agreed to effectuate all documentation to reflect disbursement of military pensionlbenefits and SBP designation as this Agreement has outlined. 11. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that since the separation she has not and in the future she will not contract or incur any debt or liability for which HUSBAND or his estate might be responsible and shall indemnify and save harmless HUSBAND from any and all claims or demands made against her by reason of debts or obligations incurred by her. 12. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since the separation he has not and in the future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible and shall indemnify and save harmless WIFE 4 from any and all claims or demands made against her by reason of debts or obligation incurred by him. 13. W ANERS OF CLAIMS AGAJNST 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, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. IS. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried except as maybe necessary to carry out the provisions of the Agreement. Neither party shall in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 16. MUTUAL RELEASES: 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 in law or equity, which 5 either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action for breach of any provisions of this Agreement. 17, EXECUTE AFFIDAVITS OF CONSENT: The parties hereto agree to execute affidavits of consent to a divorce action ninety days after the filing of the divorce action in a form which complies with the Pennsylvania Rules of civil Procedure. The HUSBAND agrees thereafter to take all necessary steps to finalize the divorce action and provide WIFE with a copy of the divorce decree. Neither HUSBAND nor WIFE shall either directly or indirectly permit the withdrawal of their respective Affidavits of consent or of any other document executed by HUSBAND and WIFE necessary to carry out the terms of the Agreement. 18. FINAL JUDGMENT OR DECREE OF ABSOLUTE DIVORCE: At the time that either HUSBAND or WIFE shall recover a final judgment or decree of absolute divorce, in a court of competent jurisdiction, the provisions of this Agreement shall not be deemed to merge into such judgment or decree, regardless of whether such judgment or decree refers to this Agreement or the substance thereof, or incorporates same by reference. This Agreement shall survive any such final judgment or decree of absolute divorce and shall have legal significance and be entirely independent thereof. 19. BREACH: 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, and the party breaching this contract shall be responsible for payment oflegal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or her. 20. 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 6 instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions ofthis Agreement and their legal effect have been fully explained to the parties by their respective counsel: for WIFE, Pamela J. Breneman: for HUSBAND, Jane Adams, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. FULL DISCLOSURE: The parties warrant to one another that each has fully disclosed to the other a full and complete statement of his or her assets and liabilities as of the date hereof which disclosure has been relied on by each party and is a material part of this Agreement. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than thos expressly set forth herein. 24, MODIFICA TION, WAIVER: A modification or waiver of any ofthe provisions of this Agreement shall be effective only ifmade in writing and executed with the same fonnality as this Agreement. The failure of either party to insist upon strict perfonnance 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. 25. SEP ARA IE ASSETS: The parties hereby agree that, as to all assets not specifically mentioned herein, which are presently owned by or titled in the sole name of one of the parties hereto, or, if untitled, are presently in the sole possession of one of the parties hereto, 7 the party not having title or possession hereby waives, releases, relinquishes and forever abandons any and all claims therein, including any claim to death benefits or other common law or statutory rights, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 26. AFTER ACQUIRED PROPERTY: The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by either party, with full power to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ~D-~u ~ !~ ~~ ~ /to EN . HOF~ 2'--'~ ...<.,~ TIMOTHY L. IMHOF 8 DOREEN M. IMHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS ; OF CUMBERLAND COUNTY, : PENNSYLVANIA V. ; NO. 03 - 3841 CIVIL TERM TIMOTHY L. IMHOFF, Defendant : IN DIVORCE. PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY; Transmit the record, together with the following information to the Court for entry of a divorce decree; I. Ground for divorce: irretrievable breakdown under &330J(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via regular mail, Acceptance of Service on August 19,2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff; December 1,2004. By Defendant: September 15,2005. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: September 20, 2005. Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary; September 13, 2005. Date: {tJ'?t/06- Respectfully Submitted; ., J e Adams, Esquire .D. No. 79465 64 S. Pitt Street Carlisle, Pa. 170 13 (717) 245-8508 Attorney for Plaintiff ~ ~ ~ I g ~ ~'(:c (\'1.{'''r ' 'Z.';'J~_\ Z\~.. '!) :< ~c ~(~ 6;:;C; 7C ;z: :'-<- - ~ ...4 ff,~ :Be;; 9~. ~..,i c'''_ 'z:~ 9 '"!~ ~3:. -.> :J; - t,:J cP II' ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Doreen M. Imhoff Plaintiff vs. : No. CI-03-3842 CI-03-3841 Timothy L.Imhoff Defendant ACCEPTANCE OF SERVICE I, Jane Adams, Esquire, represent Defendant, Timothy 1. Imhoff, in the above-captioned matters, hereby accepted service of the Complaint in Divorce, and Notice To Defend and Claim Rights and Notice of Availability of Counseling and CustodyNisitation Complaint in the above- captioned action on or about J4v;;fJS+- / ~I .h~. I hereby waive any and all defects in service of the aforementioned Complaint or any amendments thereto. Date: )( IF! /('L S I { @~ Jane Adams, Esquire ~ \- u.J s) Qt.'! ~? (....1 ,~ 6L" "~"'- a;. '5~ ..... '6 lO o g ~ U> c-l ~ ~ g ~ .:;) ~ 7')= ()~ .~ ~?? ,;;;>: "._. \l; J..... 6'& ({.le- ~ .,'+';+;+:'I' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+;+;'+O+:'l' :+;+:+ :I;:';:J;+:;+;;+; +:'+''I':+: '+' +: +: '+:Cfi +.;f. 1f. Of. '+''1':+ :I;++,+:+:+:+:+-:+:+ ++'1;'+:+:+++++ . . IN THE COURT OF COMMON PLEAS : . OFCUMBERLANDCOUNTY STATE OF PENNA. DOREEN M. TMHOFF NO. 03 - 3841 CIVIL TERM Plaintiff VERSUS TIMOTHY L. IMHOFF, Defendant DECREE IN DIVORCE df3.rKf#J . J<;IJ~IT IS ORDERED AND AND NOW. N~~ DECREED THAT Doreen M. Imhoff , PLAINTIFF, AND Timothv L. Imhoff , 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; NONE The mar~age settlement agreement, ~hich ~as signed by th~ p~rtleson September 6, 2005, i3nd filed with the Prothonotary on September 13, 2005, shaH be IlIcorporated and not merged Into this agreement. Wife IS aWi3rded 50% of the member's military retired pay, The parties were married for 10 yt;a,~ '-'\ "\\.llt;; wlli\t! 1'1 It! III\::IIIU\::I fJ\::IIUIIII\::d 1 a fecit::; 01 II)uf~ 01 mlllIary seNlce CreQltaDle lor retIrement purposes. Mr. Imhoff has consented to the Cumberland County Court 01 Common Pleas to have C-4 jurisdiction, as Mr. Imhoff . ent of the State 01 Pennsylvania other than because of his military assignment B ATTESTc1 . < ~~? 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