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08-3482
BERNARD W. GIRMAN, JR., Plaintiff, vs. BETH A. GIRMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 34-U lerI CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 BERNARD W. GIRMAN, JR., Plaintiff, vs. BETH A. GIRMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OJ'- _10Z CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff BERNARD W. GIRMAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. a g- 3 Y BETH A. GIRMAN, CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, BERNARD W. GIRMAN, JR., by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is BERNARD W. GIRMAN, JR., an adult individual who currently resides at 729 15th Street, New Cumberland, Pennsylvania 17070. Plaintiff may be served all legal papers through his counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is BETH A. GIRMAN, an adult individual who currently resides at 3707 Falkstone Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 2, 1993, in Williamsport, Pennsylvania. 5. The Parties separated on October 15, 2007, when Plaintiff moved out of the marital residence. 6. Neither Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, if Plaintiff submits an affidavit alleging that the Parties have lived separate and apart for at least two (2) years, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 16. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 17. Plaintiff and Defendant have been unable to agree to a complete, full and final equitable distribution of said property, as of the date of filing of this Complaint. 18. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. Respectfully Submitted, Date: 6 U KOPEq& AS 0CIATES 7/ earn, Esq. VERIFICATION I, Bernard W. Girman, Jr., the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. Dated: ,1"' 2 8 - v Y --'`? Bernard an, N 41 G` .Z C! O-il- KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com BERNARD W. GIRMAN, JR., Plaintiff, vs. BETH A. GIRMAN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3482 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Bernard W. Girman, Jr. Plaintiff, and states that service of the Divorce Complaint in this matter was made by him upon Defendant, Beth A. Girman, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 64501050, Return Receipt Requested on June 11, 2008, to her mailing address, at 3707 Folkstone Dr., Mechanicsburg, PA 17050 which mail was received by Defendant on June 13, 2008, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. 3 AM, Esq. Plaintiff Postal r - r M AIL. - - (Domestic ? L OFFI CIAL USE .? $ ?- c C3 Cerftd Fee 02 ® _ OC3 Redim Fee OF ,= O? • Polwork He?e ra Ro*Wmd D = D Ln rU Total Postage & Fees t C3 SW To t Pt yn A n. orPOBOxNb. S7,97 r.! we { .....M. ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. I ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. A. r X 0 Agent c'?/`? ? Addressee H. ( IManteJ C. Date of Delivery 6-r3-a D, is delivery address d libretrt from item 11 0 Yes N.YES, enter delivery address below: 0 No 3. Type CeMW Maii 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. P'2 1`7Q ,5T0 4. Restricted Delivery? (Extra Fee) es 2. Mole Number 7004 2510 0007 6450 1950 (rMM%i3r#oM servloe low Ps For, 3811, February 2004 Domestic Return Receipt tozsssoz M isao 1. Article Addressed to: / &-u A w 9 .,),9 7 w Shane R Kope, Esq. ¦ Jacob M Jividen, Esq. ¦ Lesley J. Beam, Esq. K O P E ASSOCIATES LAW OFFICES LLC June 11, 2008 VIA REGULAR AND CERTIFIED MAIL Beth A. Girman 3707 Falkstone Drive Mechanicsburg, PA 17050 Re: Girman v. Girman No. 2008-3482 Dear Ms. Girman, I represent Bernard W. Girman, Jr. in the above referenced matter for divorce. Enclosed and served upon you is the Divorce Complaint filed with the Cumberland County Court of Common Pleas. I am sending these papers to you directly because I have no information that you are represented by an attorney. I am also enclosing an Acceptance of Service for this Complaint Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service or sign the receipt for the certified letter, this office will have to officially serve this Complaint by Sheriff at your place of residence. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Mr. Girman. Thank you for your kind attention to this matter. Sincerely, KOPE 44 SSOCIATES, LLC 44,-- J. sq ZE, 1- E nclosure Cc: Bernard W. Girman, Jr. Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011 P 717_1/61 -yc-,- - V --- -^ e? a C-) r LESLEY J. BEAM, ESQ. ATTORNEY I. D. 91175 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com BERNARD W. GIRMAN, JR., Plaintiff, vs. BETH A. GIRMAN, Defendant. Attorney for Plaintiff 2010 FEB 1 i PH 1: 3 Z : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE NOTICE Ifyou wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on October 15, 2007, when Plaintiff moved out of the marital residence, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904-relating to unswom falsification to authorities. Date: -2'- 2 - /o Bernard ? n, Jr. FEB 0 5 2010 BERNARD W. GIRMAN, JR., Plaintiff VS. BETH A. GIRMAN, Defendant TO THE PROTHONOTARY: 2010 A tR -7 lei 23 IN THE COURT OF COMMON C?JP C 4,?, ?;: > „ . WEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3482 CIVIL TERM IN DIVORCE PRAECIPE Please withdraw my appearance for Beth Girman in the above matter. r? Date: ft el L. Andes Attorney at Law Supreme Court ID # 17225 Please enter my appearance for myself, p Lo se. Please allow Mr. Andes to withdraw as my attorney in this matter. <n Date: Beth A. Girman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-394a. 34F? CIVIL ACTION - LAW IN DIVORCE n G Il ?.. A 0 a s?? tV C:) cv tv 'j Y `S7 i?5 t 1 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, Edgar J. Siptroth, Jr., being duly sworn according to law, depose and say that I am a _ day of - & , 2010. competent adult over the age of 21, not a party to this lawsuit, and that I served a true and correct copy of the Notice and Affidavit Under § 3301(d) of the Divorce Code on Beth A. Girman on the r Edgar . Si 'oth, Jr. Pennsylvania State Constable SWORN to and subscribed before me this I off' ' day of April, 2010. (-Notary-Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GINGER L. GONTZ, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES MAY 17.2012 a a ( ( D ? Q3 0 C + '-F (D (D N Q ti J C 0 OD A CDD, n Q $ D (D A o N PC C) C) ?a o o? D c - C N A d 0 (D V O Q --yr Q 0 Q O Q e m h cb c ? o o 0 ?3 to Q ?o a v 0 a d „ to s ? m _N ? O D CA a a • Z Z Q N Vl ?J ?O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3942r- CIVIL ACTION - LAW IN DIVORCE Motion for Appointment of Master M n a >rn e w = AND NOW, comes Bernard W. Girman, Jr., Plaintiff, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby moves the Court to appoint a master with respect to the following claims. (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. Plaintiff , Bernard W. Girman, Jr., has appeared in this action by his attorney, Lesley J. Beam, Esquire. 3. The statutory grounds for divorce are: §3301 -Irretrievable breakdown. 4. This action is contested with respect to the following claims: divorce, division of property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, Date: A,? ki A the q?ley J. a m, squire WET , ISSINGER & HOLST, P.C. 130 Walnu Street / P.O. Box 810 Harrisburg, PA 17108 Attorney for Plaintiff, Bernard W. Girman, Jr. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3842 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Bernard W. Girman, Jr., Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Motion for Appointment of Master was served upon Beth A. Girman, Defendant, by depositing same in the United States mail, first class, on June 29, 2010, addressed as follows: Beth A. Girman 3707 Falkstone Drive Mechanicsburg, PA 17050 Date:---6/d-9/Q-010 Sear , tsquire SINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. JUL 02ZUIU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) ?3yj';z NO. 2008-3-842 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this day of g?tA , 2010, y? Esquire is appointed master with respect to the following claims: Divorce: Distribution of Property. BY THE COURT: Distribution:'' Lesley J. Beam, Esquire, P.O. Box 810, Harrisburg, PA 17108, Telephone: (717) 2-2616 /Beth A. Girman, 3707 Falkstone Drive, Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., Plaintiff NO. 2008-3842 V1. BETH A. GIRMAN, Defendant CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF BERNARD W. GIRMAN JR. INCOME Employer: Cordier Antiques & Auctions Address: Type of Work: Apprentice Auctioneer Payroll Number: _ Pay Period (weekly, biweekly , etc.): bi-weekly Gross Pay per Pay Period: $ 360.00 Itemized Payroll Deductions $ Federal Withholding $ FICA $ Local Wage Tax $ State Income 'Tax $ Mandatory Retirement $ Union Dues $ Health Insurance $ Other (specify) $ Net Pay per Pay Period: $ 360.00 C o ? a% s Net Pay per Month: $ 780.00 (Gross) Other Income: Week Month Year (Fill in Appropriate Column) Interest $ $ $- Dividends $ $ $_ Pension Distributions $ $ $_ Annuity $ $ $_ Social Security $ $ $_ Rents $ $ $_ Royalties $ $ $_ Unemployment Comp. $ $ $- Workers Comp. $ $ $_ Employer fringe benefits $ $ $_ Other - Severance Pay $ $ 6,831.36 $81,976.32 Total $ $ $? TOTAL INCOME $ $ 7,611.36 $_ EXPENSES Home Weekly Monthly Yearly (Fill in Appropriate Column) Mortgage/Rent $ $ 1,000.00 $ Maintenance $ $ 100.00 $_j,200.00 Utilities $ $ $- Electric $ $ $- Gas $ $ $- Oil $ $ $_ Internet/telephone/cell $ $ 168.96 $_ Water $ $ $_ Refuse $ $ $_ Furniture $ $ $_ Employment $ $ 2.92 $, 35.00 Public transportation $ $ $_ Lunch $ $ 24.00 $_ Taxes $ $ $` Real Estate $ $ $_ Personal property $ $ $_ Income $ $ 2,230.33 $26,764.00 $ Weekly Monthly Yearly (Fill in Appropriate Column) Insurance $ $ $_ Homeowners $ $ $_ Automobile $ $ 52.31 $_ 627.72 Life $ $ 165.00 $_ Accident - Death $ $ $ Health* $ $ 365.00 $_ Automobile $ $ Payments $ $ 528.37 $_ Fuel $ $ 200.00 $_ Maintenance/Repairs $ $ 33.33 $_ 400.00 Medical $ $ $_ Doctor $ $ 3.33 $_ 40.00 Dentist $ $ 3.33 $_ 40.00 Orthodontist $ $ $_ Hospital $ $ $_ Medicine $ $ 16.67 $_ 200.00 Special Needs (glasses) $ $ 37.50 $_ 450.00 Education $ $ $- Husband's college $ $ 1,103.33 $12,000.00 Brook's parochial school tuition $ $ 518.33 $ 6,220.00 Tatiana's college contribution $ $ 500.00 $ 6,000.00 Husband's college textbooks $ $ 58.33 $ _ 700.00 Personal $ $ $ - Clothing $ $ 100.00 $ 1,200.00 Food and household $ $ 200.00 $ _ supplies Barber/hairdresser $ $ 20.00 $ _ Credit payments $ $ $ , Credit card $ $ $ - Charge account $ $ $ _ Memberships $ $ 10.42 $ _ 125.00 *Will increase to $1,460.94 per month for coverage of Husband, Wife and minor child as of September 1, 2010. Weekly Monthly Yearly (Fill in Appropriate Column) Loans Credit Union $ $ $_ College Books $ $ $_ Miscellaneous Household help $ $ $_ Child care $ $ $_ Papers/books/magazines $ $ 41.67 $_ 500.00 Entertainment $ $ 100.00 $_ Pay TV $ $ 75.00 $_ Vacation $ $ 125.00 $_ 1,500.00 Gifts $ $ 83.33 $ _1,000.00 Legal fees $ $ 500.00 $ 6,000.00 Charitable contributions $ $ 41.67 $ _ 500.00 Other child support $ $ $ _ Alimony payments $ $ 2,600.00 $ _ Other $ $ $ _ Total Expenses $ $11,008.13 $ _ Net Income Less Expenses $ $ -3,396.77 $ VERIFICATION I, Bernard W. Girman, Jr., hereby swear and affirm that the facts contained in the foregoing Ins and Statelmt of Plaintiff, Eernard W. Gir<nan, Jr. are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 08/25/10 DATE BERNARD W. OWiN, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3842 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Bernard W. Girman, Jr., Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Income and Expense Statement of Plaintiff, Bernard W. Girman, Jr. was served upon Beth A. Girman, Defendant, pro se, via Federal Express on August 26, 2010, addressed as follows: Ms. Beth A. Girman 3707 Falkstone Drive Mechanicsburg, PA 17050 Date: a b? Q i esle . Beam, Esquire O T, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. Heart Rhythm Monitoring Unknown Occupation (Job Position) Medical Sales Auctioneer (Part -'rime) Est. Annual Income $90 000** $20,000 , (For part-time earnings only) **Husband received a severance package from St. Jude Medical, his former employment, for $163,952.63 for the next two years of lost earnings. This figure was calculated from what Husband would have earned if he had continued at St. Jude Medical and had achieved the same level of sales. One-half of $163,952.63 is $81,976.32. Husband has had jobs that have compensated him at a much higher annual income, however, those jobs were always in medical sales and the current job market and demand do not support those higher salaries. Husband is also earning minimal income from per diem work for his former employer and from part-time work as an auctioneer. Date Employment Husband has been laid off since Unknown Commenced 05/06/10 Associates degree from Education High School diploma; some college; Williamsport Area Community no degree College, early 1990's Additional Information: On October 15, 2007, Husband moved from the marital residence on Wife's request. On November 2, 2007, Wife informed Husband that she wanted a divorce. Since that time the parties have lived separate and apart. During the parties' marriage, Husband was the primary bread winner. Wife has a college education with an associates degree, and is capable of full-time employment. The parties' child, Brooks Christian Girman will be sixteen in September. This child is of sufficient age that Wife is able to obtain a full-time job. Since the parties' separation, Husband dutifully paid Wife one-half of his income directly into her account, which figure was more than what the support guidelines would have called for in a voluntary fashion. This payment only changed when Wife chose to file a complaint for support at Domestic Relations and asked for an order attaching Husband's wages. Upon calculation of the child support and spousal support that would be due Wife, it was clear that Husband had been overpaying Wife since October of 2007 when he left the residence. Although Wife initiated this divorce, forced Husband to leave their residence, has had three years from the time of separation to secure full-time employment and has an almost sixteen- year-old child who does not require full-time supervision, Wife has still not looked for or obtained full-time employment. At the time of the parties' separation, Husband 401(k) was worth significantly more than it is worth now, due to the changes in the market. Additionally, the parties' Medtronic stock plummeted in value and has since rebounded in part. Husband and Wife divided that stock at separation, and Husband was forced to sell his shares at a low point of the market, losing a significant portion of the value of that asset to him. Wife now informs Husband that she will not consent to the divorce, despite the fact that she was the one that requested the divorce, and forced Husband to leave his home and his child. Wife was married once before Husband, and obtained a divorce from that husband, so Wife's claim that she doesn't believe in divorce is baseless. Husband's current job search is going extremely poorly. Husband has been looking for full- time work, but without a college degree, employers in fields other than his particular area of medical sales will not consider his resume. There are no local jobs in Husband's field of medical sales. As such, Husband has gone back to school to get a college diploma. Finally, Husband is nearing retirement age. It is anticipated that Husband may have additional difficulty finding and keeping employment given the stability of the economy, his current unemployment, and his nearness to his retirement age. As a consequence, division of the assets should be no greater than 50150 given the anticipation that Husband will have no better ability to rebuild wealth than Wife would to obtain wealth of her own. B. MARRIAGE INFORMATION TABLE #I-B DESCRIPTION INFOICNIATION Date of Marriage December 2, 1993 Place of Marriage Williamsport, Date of Separation October 15, 2007 Grounds for Divorce § 3301(c) or d Prior Divorce Action Between Parties None Number of Marriages for Wife 2 Number of Marriages for Husband 2 C. CHILDREN OF THIS MARRIAGE TABLE #1-C NAME AGE DATE OF BIRTH CUSTODIAN OR EMANCIPATION Brooks Christian 15 September 9, 1994 Minor child Girman D. SUPPORT FOR THIS MARRIAGE The most recent order in this case was entered on June 28, 2010, upon Husband's termination from employment. The current order provides for monthly support in the amount of $2,620.00, plus an additional $100.00 for arrears, for support of the parties' child and for Wife. Husband is to pay 80% of all unreimbursed medical expenses. This support order includes an upward mortgage adjustment in the amount of $946.00, although Wife claims that the house is being put up for sale without a realtor. This order provides also for a small reduction for Wife's proportion of the child's private school tuition, and a small reduction for Husband's payment of medical insurance'. At present, Husband is paying $783.00 per month in child support and $1,837.00 in spousal support. Again, as noted above, a support order was not put in place until September 22, 2009 after Wife filed for support, despite the fact that Husband had been dutifully and voluntarily paying her one-half of his monthly income by direct deposit into her account from his pay each month, which amount was greater than the amount ultimately ordered through Domestic Relations. Wife's filing cost Husband substantial and unnecessary attorneys' fees. E. PRIOR MARRIAGES, CHILDREN OF OTHER RELATIONSHIPS OR MARRIAGES AND SUPPORT/ALIMONY FOR PRIOR MARRIAGES/ RELATIONSHIPS The parties both have prior marriages, and children from those marriages which are all over the age of 18. Neither party has a court-ordered duty of child support, spousal support or alimony pendente lite for a former spouse or child from a former marriage. Wife was married to Leslie Robertson from approximately 1985 to 1993, and has a grown son from the marriage, Brice Allen Robertson, born 08/13/1987, who lives in Carlisle. Wife has no expenses for the assistance of Brice or her former spouse. Husband was married to Doya Arroyo, from 1986 until 1993, and has three grown children from that marriage, Elizabeth Ann Girman, born 12/10/1985, Bernard William Girman, III, born 10/13/1987, and Tatiana Marie Girman, born 02/05/1989. Elizabeth lives in Scranton, Pennsylvania and Bernie lives in Long Island, New York. Tatiana lives in Savannah, Georgia, where she attends college and Husband assists Tatiana with her college expenses in the amount of approximately $6,000.00 per year. Husband expects Tatiana to graduate in the spring of 2012. ' While the current expense for health insurance is $365 per month, due to Husband's layoff from St. Jude's Medical, Inc., his expense for health insurance will increase to $1,460.94 per month beginning September 1, 2010. Type of Divorce Requested lA.116111cu lviall 0301 "c- §3301(d) Economic Claims Raised - Equitable Distribution ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Tv e of Pleading N/A Date of Filin of Pleadin N/A T e of Divorce Re guested N/A Economic Claims Raised N/A INCOME AND EXPENSE STATEMENTS Date of Filin of Plaintiffs I&E Statement Concurrently with this retrial statement Date of Filin of Defendant's I&E Statement Defendant has not filed and I & E statement INVENTORIES Date of Filin of Plaintiffs Inventor None Date of Filin of Defendant's Inventorv None 3301 c DOCUMENTS Date :of Execution and Filing of Plaintiffs 330Affidavit Not executed or filed at this t me Date of Execution and Filing of Defendant's 3301 c Affidavit Not executed or filed at this time F. PROCEEDINGS INFORMATION Date of Execution and Filing of Plaintiffs Not executed or filed at this time 3301(c) Waiver of Notice Date of Execution and Filing of Defendant's Not executed or filed at this time 3301(c) Waiver of Notice 3301(d) DC1C;UMENTS Date of In-House Separation None alleged Date of Physical Separation 10/15/07 Date of Expiration of 2 Year Separation Period 10/15/09 Date of Execution 3301(d) Affidavit 02/02/2010 Date of Filing of Plaintiffs 3301(d) Affidavit 02/11/2010 Date and Manner of Service of § 3301(d) 04/12/2010 by personal service by constable Affidavit Date of Plaintiffs Notice of Intent to Request Entry of Divorce Decree and Praecipe to Not filed at this time Transmit Record Date of Service of Plaintiffs Notice to Request Entry of Divorce Decree and Praecipe to Not filed at this time Transmit Record Manner of Service of Plaintiffs Notice to Request Entry of Divorce Decree and § 3301(d) Not filed at this time Counter-affidavit BIFURCATION Has the case been bifurcated? No Date of Decree Granting Bifurcation N/A If Bifurcation granted by Consent or after N/A Hearin II. ASSETS A. MARITAL ASSETS # ASSET* CURRENT MARITAL TAX- Proposed VALUE VALUE, EFFECTED Distribution PRE-TAX VALUE OF *None of the assets listed MARITAL below are subject to liens ASSET or encumbrances 1 Marital Residence at 3707 $253,226.03 $253,226.03 Same Wife Falkstone Drive, Mechanicsburg, PA 17050 Notes: The appraised value of the marital residence at 3707 Falkstone Drive is $385,000 less a current mortgage balance of $131,773.97 at Wells Fargo, for a net equity of $253,226.03. The mortgage is held in both names, while the home is currently titled only in Wife's name. 2 Home located at 165 $17,690.36 $17,690.36 $6,000-Wife Woodview Road, Biglerville, PA $11,690.36 - Husband Notes: This home has been sold, for a net profit of $17,690.36, on which Husband paid the taxes. Husband gave $6,000 of this profit to Wife by check. 3 Home located at 729 15``' $0 $0 $0 N/A Street, New Cumberland, PA Notes: This home was sold without realizing any profit or any loss. 4 Husband's 401(k) account at $67,256.28 F$142,256.28 $106,692.21 Husband Vanguard Notes: This account reached a pinnacle account value of $201,789.70 right. before separation in September of 2007. Since then, the value of the account has plummeted sharply. Husband withdrew $75,000 from this account to manage expenses, which netted him substantially less due to the withdrawal penalty and taxes. The current value of the account is $67,256.28, which has been added to Husband's withdrawal of $75,000 for an account value of $142,256.28. 5 Medtronic Stock $59,914.80 $59,940.80 $29,979.84 to (1,335 shares; 668 of which Wife; were given to Wife; 667 of $29,934.96 to which went to Husband) Husband Notes: The shares of this stock also plummeted in value after separation, although they have been slowly rebounding. The parties divided this stock at the time of separation. Husband was forced to sell his shares of stock at a low point in the market, to manage expenses. # ASSET* CURRENT MARITAL TAX- Proposed VALUE VALUE, EFFECTED Distribution PRE-TAX VALUE OF *None of the assets listed MARITAL below are subject to liens ASSET or encumbrances 6 Commerce Bank Checking $3,363.58 N/A Wife Account Notes: This account is currently closed. The value of the account at the time of separation was $3,363.58, which Wife received. 7 Commerce Bank Savings $29,836.25 N/A $14,918.13 - Account Wife $14,918.12 - Husband Notes: This account is currently closed. The value of the account at the time of separation was $29,836.25, which Husband believes was split. In the event that Husband finds documentation showing that this money was in fact retained by Wife in full, Husband will make such argument. 8 Knights of Columbus Whole $2,793.97 $2,793.97 Husband Life Insurance OIOEE13952 9 Knights of Columbus Whole $11,482.56 $11,482.56 Husband Life Insurance 0102231603 10 Knights of Columbus Whole $858.66 $858.66 Wife Life Insurance 0102701093 11 2002 Ford Explorer XLT $11,225 $11,225 Wife 12 2006 Mini Cooper S $9,755 $9,755 Wife 13 1960 Chevrolet Impala $16,808 $16,808 Wife 14 2007 Ford F-150 Supercab $5,460 $5,460 Husband Notes: This vehicle was just purchased at time of the separation of the parties, with a debt at separation of over $30,000. The current payoff of the vehicle is approximately $16,000 and the Kelly Blue Book value of the vehicle is $21,460. 15 2000 Kawasaki ZX600 J1 $3,000 $3,000 Husband Ninja ZX-6R Motorcycle Notes: This vehicle was sold for $3,000 to Husband's brother, which value is greater than the current Kelly Blue Book value on this vehicle. 16 6'x8' Cargo Pro Utility $1,000 $1,000 Husband Trailer # Liabilities CURRENT MARITAL Proposed VALUE VALUE, Distribution 17 Bank of America Card -$2,000 -$2,000 Husband Total tax-effected value of marital estate: $530,555.45. Proposed and current distribution to Wife equals $346,134.24. Proposed and current distribution to Husband is $184,421.21. To effectuate a 50/50 split of the estate, Wife would be required to give Husband $80,856.51 in cash. To split the estate in a 55/45 manner, Wife would be required to give Husband $54,328.74. Wife could produce this cash by refinancing the mortgage on the residence, which has a substantial amount of equity at present. B. NON-MARITAL ASSETS The parties will have been separated three years this October, and may have acquired assets post-separation which have not been sought through discovery. Husband has minimal, if any, post-separation assets, and has had to utilize, in fact, a good portion of marital assets to support the family post-separation. Husband does not allege any significant non-marital assets, nor does he intend to introduce evidence of any non-marital assets. III. WITNESSES A. Expert Witnesses: Husband expects to call the following expert witnesses at hearing: Mark Heckman, 1309 Bridge Street, New Cumberland, PA 17070, Telephone: (717) 774-7202, to testify regarding value of the marital residence 2. Terry P. Leslie, M.Ed., CRC, D/ABVE, LPC, vocational expert 3545 Marietta Avenue, Suite J Lancaster, PA 17601 B. Non-Expert Witnesses Other Than Parties: Other than the parties, Husband does not plan to call any other non-expert witnesses at this time, but :reserves the right to call unidentified non-expert witnesses as should become necessary. Husband reserves the right to call unidentified rebuttal witnesses if necessary. IV. EXHIBITS Husband plans on submitting the following exhibits at hearing, absent stipulations as to the relevant values: Appraisal on Marital Residence. 2. Current mortgage statement on the Marital Residence. Settlement sheet for the sale of 165 Woodview Road, Biglerville, PA. 4. Copy of check to Wife in the amount of $6,000.00 for share of proceeds.` Settlement sheet for the sale of the home located at 729 15`" Street, New Cumberland, PA. 6. Account statements of Husband's 401(k) account at Vanguard as of the date of separation and as of present. Statements showing the price per share of Medtronic stock at the time of separation and at present and a statement showing how many shares of stock are owned by the parties.' Account statements of the parties' Commerce Bank checking account as of the date of separation. 9. Account statements of the parties' Commerce Bank savings account as of the date of separation. 10. Policy statements for Husband's Knights of Columbus Whole Life Insurance policy 010EE13952, showing the cash surrender value as of the date of separation and at present.4 This document is still being located and will be provided as soon as it is located. 3This document is currently in Wife's possession and will produced as soon as Wife relinquishes such. `'Husband is still waiting on the statement from the insurance company as of the date of separation.. 11. Policy statements for Husband's Knights of Columbus Whole Life Insurance policy 0102231603, showing the cash surrender value as of the date of separation and at presents 12. Policy statements for Wife's Knights of Columbus Whole Life Insurance policy 0102701093, showing the cash surrender value as of the date of separation and at present. 13. Kelly Blue Book value of Wife's 2002 Ford Explorer XLT. 14. Kelly Blue Book value of Wife's 2006 Mini Cooper S. 151. Kelly Blue Book value of Wife's 1960 Chevrolet Impala. 16. Kelly Blue Book value of 2007 Ford F-150 Supercab. 17. Kelly Blue Book value of 2000 Kawasaki ZX600 J1 Ninja ZX-6R Motorcycle. 18. Statements showing the debt balance of the Bank of America card at the time of separation.7 19. Statements showing the debt balance on the 2007 Ford F-150 Supereab at the time of the parties' separation. 20. The parties' 2008 tax return.8 21. The parties 2009 tax return.' 22. Husband's 2009 W-2. 'Husband is still waiting on the statement from the insurance company as of the date of separation. Husband is still waiting on the statement from the insurance company as of the date of separation. 'This document is currently in Wife's possession and will produced as soon as Wife relinquishes such. This document is currently in Wife's possession and will produced as soon as Wife relinquishes such. 'This document is currently in Wife's possession and will produced as soon as Wife relinquishes such. 23. Current year-to-date income information for Husband. 24. A copy of Husband's severance agreement from St. Ju.de's Medical. 10 25. Husband's filed Income and Expense Statement. 26. Statements showing the parties' minor child's private school tuition. 27. Expert report of Wife's earning capacity." 28. Wife's most recent pay stub. 12 29. Wife's 2009 W-2.13 30. Husband's Fall 2010 college bill. 31. Invoice of books purchased for Husband's 2010 Fall semester. Husband reserves the right to identify and introduce additional exhibits prior to trial upon proper notice to Wife and the Court. Additionally, Husband reserves the right to introduce rebuttal exhibits as necessary and appropriate without advance notice to Wife. To the extent the parties cannot stipulate to all values, they will exchange exhibits in advance of trial. V. INCOME OF PARTIES Other than his severance, Husband currently only earns $9,360 per year for part-time work as an auctioneer. Husband has also done some per diem work for his former employer, St. Jude Medical, Inc. Husband has not been able to obtain full-time employment and has gone back to college to try and earn a college degree. Wife earns approximately $20,000 per year from part- time employment. VII. RETIREMENT See marital assets chart 1OThis document is greater than three pages and is not attached accordingly. "This report has not yet been prepared as Husband expects the parties to be able to stipulate to earning capacity. "This document is currently in Wife's possession and will produced as soon as Wife relinquishes such. "This document is currently in Wife's possession and will produced as soon as Wife relinquishes such. VIII. COUNSEL FEES AND COSTS Because Husband believes each parties should be responsible for their own counsel fees, costs, and expenses, and Husband did not request payment of such from Wife, Husband is not including a description and amount of counsel fees incurred in his representation in this matter. IX. PERSONAL PROPERTY It is not anticipated at this time that there will be dispute between the parties regarding the distribution of the parties' personal property. X. MARITAL DEBT See Marital Assets chart. XI. PROPOSED RESOLUTION Husband proposes the following resolution: The parties' tax-effected estate will be divided 50% to Wife and 50% to Husband. To accomplish this, Husband proposes the following: Wife shall receive the marital residence, full responsibility for the mortgage on said residence., one-half of the Medtronic stock that she has already received and retained, her life insurance policies, the personal property in the home, the 2002 Ford Explorer XLT, the 2006 Mini Cooper S and the 1960 Chevrolet Impala. Husband shall receive and retain the profits from the sale of the home at 165 Woodview Road, Biglerville, PA, the entirety of his 401(k) account at Vanguard, the income that he received from the sale of his half of the Medtronic stock, the 2007 Ford F-150 Supercab, the 2000 Kawasaki ZX600 JI Ninja ZX-6R Motorcycle, the 6'x8' Cargo Pro Utility trailer, and all the furniture that is currently in his possession that was removed from the Marital Residence, all of the value of his life insurance policies and sole liability for the Bank of America card account. Husband shall receive the sum of $80,856.51 from Wife within thirty (30) days of the date of the entry of divorce to be accomplished either by refinancing of the residence, or by a combination of the refinancing of the residence and her sale of her share of the Medtronic stock. There shall be no payment of alimony. Counsel Fees and Costs. Each party should be responsible for their own counsel fees, costs and expenses given the assets each will hold after equitable distribution. Both parties will possess sufficient liquid assets to obviate the need for such an award. Date: g ??(O I Aes1 . B aW, Esquire O TT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. VERIFICATION I, Bernard W. Girman, Jr., hereby swear and affirm that the facts contained in the foregoing plaintiff 13 Pretrial Statm-ent PLrsuant to Pa.R.C.P. 1920.33(b) are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 08/26/10 DATE BERNARD W -GI N, JR. EXHIBIT #1. Mark Heckman Real Estate Appraisers 1309 Bridge Street, New Cumberland, PA 17070 File No. 3707 ********* INVOICE ********* File Number: 3707Falkstone Kope and Associates 46601rindle Road, Suite 201 Camp Hill, PA 17011 Borrower : N/A Invoice # : Order Date : January 7, 2010 Reference/Case #: PO Number : 3707 Falkstone Drive Mechanicsburg, PA 17050-2289 Single Family Appraisal Report 02/18/2010 $ 425.00 ---------------- Invoice Total State Sales Tax @ Deposit Deposit Amount Due Terms: PAID IN FULL Please Make Check Payable To: Mark Heckman Real Estate Appraisers 1309 Bridge Street New Cumberland, PA 17070 Fed. I.D. #: Available upon request. $ 425.00 $ 0.00 ($ 425.00 ) ($ ) $ 0.00 Mark Heckman Real Estate Appraisers 1309 Bridge Street, New Cumberland, IPA 17070 File No. 3707F APPRAISAL OF Single Family Residential Appraisal LOCATED AT: 3707 Falkstone Drive Mechanicsburg, PA 17050-2289 FOR: Lesley J Beam, Esq. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 BORROWER: N/A Mark Heckman Rea; Estate Appraisers I IWIFORM RESIDENTIAL APPkAISAL REPORT Fite No._3707Falkstone rr Iperty uescn uon - - Property Address 3707 Falkstone Drive city Mechanicsburg State PA __ _Z?Code 17050-2289 Le al Description Deed Boak: 20080 Paqe: 271 ---county Cumberland Assessor's Parcel No. 10-16-1056-420 _ Tax Year 09/10 R.E. Taxes $ 4,541.00 Special Assessments $ None Knwn Borrower N/A Current Owner Beth Ann Girman _ O(:cu ant: X owner --_Fl Tenant Vacant Property rights appraised X Fee Simple Leasehold Project Type PUD ?:ondominium (HUDNA only) _ HOA$ 2.50 /Mo. „ Neighborhood or Project Name Highlands of Hampden Square _ _ Map Reference See Assess Parcel # Census Tract 0113.03 Sale Price $ N/A Date of Sale N/A Description and $ amount of loan charges/concessions to be paid by seller N/A Lender/Client Leslev J Beam Esq. Address 4660 Trind le Road, Suite 201, Camp Hill, PA 17011 Appraiser Mark W. Heckrnan General A raiser . Address 1309 Brid Location L_J Urban X Suburban Rural Predominant Over 75% U 25-75% ? Under 25% occupancy ilt B e Street, New Cumberland. PA 17070 Single family housing Present land use % Land use change PRICE AGE One family 78% ? Not likely ? Likely u up u Growth rate ? Rapid ? Stable ? slow 0 Owner New 2-4 family 3°'0 In process 150 Low Tenant Property values ? Increasing X? Stable ? Declining ? - 800 High 75+ Mulkfamily _1 ;/o To: Residential from ? Demand/supply ? Shortage [X] In balance ? Over supply 'C^J Vacant (0-5%) Predominant Commercial - 8:/c. vacant. Under 3 inos..__ X 3-6 mos. Over 6 mos. vacant over sr Marketing time 375-550 15 25 Vacant 10`-/ _ . Note: Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood boundaries and characteristics: The subject property is located in Hampden Township. Boundaries include Hampden Township. • Factors that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, employment stability, appeal to market, etc.): This suburban neighborhood has most public utilities available relatively easy access to employment and services, and is competitive with other neiqhborhoods in the general area. Most have similar amenities. Market activit r'Indicates averaqe or better acceptance in the market place. No unfavorable factors were observed which would adversely affect marketability. Market conditions in the subject neighborhood (including support for the above conclusions related to the trend of property values, demand/supply, and marketing time -- such as data on cornpetit!we properties for sale in the neighborhood, description of the prevalence of sales and financing concessions, etc.): Market conditions in the subiect's neighborhood has been favorable in recent years due to consistently low mortgage interest rates. Housing values have appreciated at a moderate rate as well. However, the market in this area has slowed and residential dwellings are being marketed for longer periods; typically 120 clays or less. Appraisers have also encountered more seller concessions/assistance than in recent years. If interest rates stay at a moderate level and the local economy remains the same, home prices should continue to remain stable. _ Project Information for PUDs (If applicable) - - Is the developer /builder in control of the Home Owners' Association (HOA)? YES NO Approximate total number of units in the subject project Approximate total number of units for sale in the subject project Describe common elements and recreational facilities: Dimensions See1eqal description. _ - Topography Basically Level 1 Yes (X No Site area .32 Acre _ Corner Lot 1 Size Ty icp al for area Specific zoning classification and description Suburban Residential Shape Rectan ular J Leclal ? Legal nonconforming (Grandfathered use) Illegal L_ No zoning Zoning compliance L^rV7 Drainage Appears ade uate Highest & best use as improved: X Present use Other use (explain) View Average Utilities Public, Other Off-site Improvements Type Public Private: Landscaping Typical Electricity [XI 200 AMPS Street Asphalt o ? Driveway Surface Asphalt Gas X? ? Curb/gutter Concrete X? Apparent easements None apparent _ _ Water U EX] Sidewalk Concrete [I FEMA Special Flood Hazard Area Yes X No Sanitary sewer X? Street lights Standard ? FEMA Zone X __ _ Map Date 03/16/2009 _ Storm sewer nX Alley None ? _?] FEMA Map No. 420360 0114E - Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming zoning, use, etc.): Site has qood site im rovements, and tY4)ical rnaintenance. The site improvements and services to the site are adequate and acceptable in this market. There are no apparent adverse easements encroachments or other adverse conditions on this site. _ GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Units 1 Foundation Concrete Slab NO Area Sq.Ft. 1587, ______ Roof ? -- No. of Stories 2 Fxterior Walls Stone,Vin I _ Crawl Space NO % Finished 90% _ Ceiling ? _ Type (Det./Att.) Detached Roof Surface ASph• Sh. Basement 100% Ceiling Drop Walls ? Design (Style) 2 Sto Gutters & Dwnspts. Aluminium Sump Pump Yes Walls Drywall, Con Floor ? Existing /Proposed Existing- __ Window Type Double Insul- Dampness None noted- Floor Cpt, Lacn_ None ? Age (Yrs.) 10 Storm/Screens No/Yes Settlement None noted Outside Entry Yes Unknown X? Effective A e 'Yrs. 5 Manufactured House. No Infestation None noted OOMS Foyer _ Living Dining Kitchen Den Family Rm. Rec. Rm. Bedrooms # Baths _ Laundry Other Area S .Ft. asement X X _ 5 1,587 even X 1 1 1 1 .5 X Office 1,587 evel2 4 3 1 505 I inished area above lade contains: 9 Rooms; 4 Bedroom(s); 3.5 Bath, 3 092 S uare Feet of Gross Livin Area NTERIOR Materials/Condition BEATING KITCHEN EQUIP. 1 ATTIC AMENITIES CAR STORAGE: F:Ioors Vi, HW, C t/Good Type FA ? I None ? Refrigerator Fireplace(s)#1 N] None ? Wallc nrNAArAll/(;nnri Fiial ("AS r n Ranne/even I X Rtairc r I I Patin ?? C;arane.`? # of tars Mark Heckman Real `r'ate Appraisers i u r7 f-% Ril mCCill1CAITIAI APPPAI.,';AI REPORT Gttoni., g707Falkstone Val vi n %.01%n ???...?.?...., .? . -. uation Se!:tion - - - ost estimate f _ $ , c Comments on Cost Approach (such as, source o _ ESTIMATED SITE VALUE........ ......... ESTIMATED REPRODUCTION COST-NEW OF IMPROVEMENTS: site value, square foot calculation and for HUD, VA and FmHA, the 092 Sq. Ft. (a? $ _ $ 0 3 Dwelling estimated remaining economic life of the property): , __ = 0 Ft @ $ 1537 S The Cost Approach is not considered a valid method for . _- . q. Bsmt. due to the rt ro e t b h f y p p e su jec t estimating the market value o F/P Deck Porch r to ti i on, o a = 0 inability to estimate various forms of deprec Garage/Carport 7_13 _ Sq. Ft. CW $ 0 estimate the Preproduction Cost New of the Im rovements Total Estimated Cost New ... ............ _ $ Less Physical Functional External Est. Remaining Econ. Life: 45 using construction cost manuals. The followin_q Sales sis is the only appropriate rnethodolo for n Anal i C I ? y so ompar _ $ 0 i Depreciat on - Depreciated Value of Improvements . . ................. = $ _ 0 valuing the subiel et property _- "As-is" Value of Site Improvements ................... = $ INDICATED VALUE BY COST APPROACH . • . . = $ 0 - COMPARABLE NO. 3 1 COMPARABLE NO. 2 COMPARABLE NO _ . ITEM YJBJFCT 3707 Falkstone Drive 3705 Falkstone Drive 3804 Leyland Drive 812 Tavistock Drive Address Mechanicsburg Mechanicsburg Mechanicsburg- Mechanicsburg Subject 0.02 miles E, Next Door 0.28 miles W 0.99 miles SSW it t i P y o rox m 000 $ 375 Sales Price $ N/A $ 395,000 $ 415,900 , Area $ Price/Gross Liv 0.00 4 129.08 V) $ $ 134.55 0 $ 129.94 Z . Data and/or Inspection _ Assessment Records & MLS Prior Inspection Assessment Records & MLS es Verification Sour AssesRec&MLS Assessment Records & MLS Assessment Records & MLS Assessment Records & MLS c VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +O$Adjustment DESCRIPTION (-)$Adustment DESCRIPTION +(-)SAdjustment Sales or Financing N/A Conventional VA Conventional Concessions None Known Seller Assist -2,950 Seller Assist -1,250 Date of Sale/Time N/A 7/27/2009 11/18/2009 r- 5/21/2009 Location _ Suburban/Good Suburban/Good Suburban/Good Suburban/Good Leasehold/Fee Simple Site Fee Sirnp; .32 Acre Fee Simple .32 Acre Fee Sim le .29 Acre Fee Simple .30 Acre Vi w _ Average Average Good/Pvt Yard 5,000 Average _ e Design and Appeal 2 Story/Good _ 2 Stor /Good 2 Story/VGood -5,000 2 Sto /Good _ Quality of Construction Good Good ?- Very Good -15 000 Good A e __- 10 Years 8 Years 11 Years 7 Years _ Condition : _ Goodl Very Good -10 000 Ve Good -10,000 Good Above Grade Total ; Ed- Baths Total Bdrms ' Baths Total ; Bdrms ' Baths Total Bdrms Baths Room Count 40 9, 4; 3.50 9 4: 3.50; 9: 4: 2.50 ; +4,000 - -- 7 4 _ 2.50 ; +4,000 - Gross Living Area - 3,092 Sy.Ft. 3,060 Sq.Ft._ 0 3,091 S .Ft. 0 2,886 Sq.l=t. +8,200 Basement & Finished Full, Exp. Wlkout Full, Exp. Wlkout Full Basement +3,000 Full Basement +3,000 Rooms Below Grade Rec/Gm. Den,.5 Bth Rec, Gm F-Bth -2,000 Rec/Gm, Wet Bar, 5 Bth Rec,Gff,RR,FBth,B-Pant -3,000 - Functional Utility Good Good Good Good Heatinn /Coolin _ Gas FA,_C/Air Gas FA, C/Air Gas FA, C/Air Gas FA, C/Air- ; 2y Efficient Items Typic a-I_for Age _ Typical for Age Typical for Age T ical for A e _ GaracOCarport 3 Att Garage 3 Att. Garage 3 Att. Garage _ 3 Att. Garage Porch, Patio, Deck, Porch, Deck Similar Similar Similar Fire lads etc. 1 Fireplace None - +4,000 2 Fireplaces -4,000 __ 1 Fir place - Fence, ol, etc. None None None None . Other None None - T None None $ Net Ad'. total + X - ; $ 8,000 + X ; $ 34,950 10,950 X + _ Adjusted Sales Price Gross: 4.1 % Gross: 11.8% Gross: 5.2% of Comparable Net: 2.0% $ 387,000 Net: 8.4% $ 380,950 Net: ;2.9% $ 385,950 Comments on Sales Comparison (including the subject property's compatibility to the neighborhood, etc. ): See Attached Addendum. - ITEM SUBJECT COMPARABLE: NO. 1 COMPARABLE No. 2 T COMPARABLE NO. 3 - Date, Price and Data 2/12.12008 None within the prior year of None within the prior year of None within the prior year of Source for prior sales $1.00 above sale date. above sale date. above sale date. withinyearofappraisal County Records Count Records Count Records County Records Analysis of any current agreement of sale, option, or listing of the subject property and analysis of any prior sales of subject and comparables within one year of the date of appraisal: According to the coumy assessment records, the subject property has transferred within thtast three years..According to the information in the regional multiple listing service the subject property has not been listed for sale within the?ast three ears. INDICATED VALUE BY SALES COMPARISON APPROACH . . . . . . . . ....... . .. . . . .... ...................... .... $ 385,000 INDICATED VALUE BY INCOME APPROACH If Applicable) Estimated Market Rent $ N/A lMo. x Gross Rent Multiplier N/A = $ N/A This appraisal is made u "as is" ? subject to the repair, alterations, inspections or conditions listed below Li subject to completion per plans and specifications. r-dainnc nt An-i-1. -qpP, At iarhPf1 Adripndi rm NOW Borrower: N/A t=ile No.: 3707Falk_stone Property Address: 3707 Falkstone Drive Case No.: City: Mechanicsburc _ State: PA ?ip; 17050-2289 Lender: Lesley.J Beam, Esq. Additional Features Three-car side entry garage that are drywalled, but not painted; hardwood flooring throughout level one with the exception of the living and family rooms; newer carpeting in the living room and family room; kitchen has cherry cabinets, corian cabinets, a butler's pantry, and breakfast area; the dining room has crown and chair moldings as well as a tray ceiling; two-story foyer; family room has a fireplace; master bedroom with soaking tub, dual vanity, separate shower, and walk-in closet in the master bedroom; there is a private bath in one of the other bedrooms. Exposed, walkout, finished lower level with a recreation/game room, den, and half bath. Comments on Sales Comparison After a thorough search of all available market data, the three sales used are considered to be the best indicators of value. All three sales are considered to be reliable indicators of value, and are weighted similarly in the final reconciliation. Appropriate adjustments have been made for all differences. Comparable sales used are all closed sales. In order to find comparable sales, it was necessary to use less recent sales. It is typical to see up to 6% in seller concessions. The appraiser adjusts for a portion of those concessions, approximately 50%. Although the subject is in good condition, it has a significant amount of personalization of color and wallpaper. If the subject were marketed with its current color palette, the seller would most likely have to provide a painting allowance. Conditions of Appraisal This appraisal report has been prepared with the property in "as is" condition. The appraiser considered only those items that were permanently attached to the property as realty. Any items not so affixed, such as refrigerators, washers, dryers, above ground swimming pools, etc., were not included in the estimate of the market value. No personal property has been included in this valuation. Final Reconciliation THE APPRAISER HEREBY CERTIFIES THAT THIS REPORT HAS BEEN PREPARED IN COMPLIANCE WITHIN THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE(USPAP), THAT THE APPRAISER IS A DISINTERESTED PARTY AND THAT THE VALUE STATED IN THIS REPORT IS ACCURATE TO BEST OF I HE APPRAISER'S ABILITY, AND THIS VALUE HAS NOT BEEN PREDETERMINED. This appraisal assumes a reasonable marketing period for the subject property of four months. The Sales Comoarison Analysis reflects recent activity in the market place and is given the most weight. The Income Approach is inappropriate because few single family houses are rented in this market. This appraisal is based on readily observable conditions and is not to be considered as a thorough home inspection to analyze or warrant the subject property and/or its mechanical systems. File No. 3707Falkstone DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions" granted by anyone associated with the sale. Adjustments to the cornparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not i)e calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the Appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is riot 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 property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its h;,hest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic subsiances, etc. ) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal: Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc. ) that would make the property more or less valuable, and has assumed that there 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 required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will net disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. File No. 3707Falkstone APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dlollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to , or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price: of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have riot knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professiona! analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present: or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable tirne for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site., or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 3707 Falkstone Drive, Mechanicsburg, PA 17050-2289 Booower N/A File No. 3707Falkstone P operty Address 3707 Falkstone Drive city Mechanics_bur County Cumberland State PA Zip Code 17050-2289 Lender Lesley J Beam, Esq. APPRAISAL AND REPORT IDENTIFICATION This Appraisal Report is one of the following types: Self Contained (A written report prepared under Standards Rule 2-2(a), pursuant to the Scope of Work, as disclosed elsewhere in this report.) [X? Summary (A written report prepared under Standards Rule 2-2(b), pursuant to the Scope of Work, as disclosed elsewhere in this report.) Restricted Use ?A written report prepared under Standards Rule 2-2(c), pursuant to the Scope of Work, as disclosed elsewhere in this report, restricted to the stated intended' use by the specified client or intended user.) Comments on Standards Rule 2-3 I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited oniy by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions and conclusions. • I have no (or the specified) present or prospective interest in the property that is the subject of this report, and no (or the specified) personal interest with respect to the parties involved. • I have no bias with respect to the property that is the subject of this report or the parties involved with i:his assignment. • My engagement in this assignment was not contingent upon developing or reporting predetermined results. • My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • My analyses, opinions and conclusions were developed and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • i have (or have not) made a personal inspection of the property that is the subject of this report. • No one provided significant real property appraisal assistance to the person signing this certification. (If there are exceptions, the name of each individual providing significant real property appraisal assistance is stated elsewhere in this report.) Comments on Appraisal and Report Identification Note any USPAP related issues requiring disclosure and any State mandated requirements: Clarification of Intended Use and Intended The Intended I Iser of this appraisal report is the Lender/Client. The Intended Use is to evaluate the property that is the subject of this -._ -` appraisal for private use, subject to the stated Scope of Work, purpose of the appraisal, re _oorting requirements of this appraisal redo form,`and Definition of fvlarket Value. No additional Intended Users are identified by the aooraiser. FLOORPLAN B01 10wer N/A _ File No.:_3707Falkstone ProocrttvAddress: 3707 Falkstone Drive Case No.: - City: Mechanicsburg __ State: PA Zip: 17050-2289 Lender: Leslev J Beam, Esq --- --- Sketch by Apex IV Windows"' Code AREA CALCULATIONS Description SUMMAR Size GLA1 First Floor 1326.00 First Floor 156.00 First Floor 105.00 GLA2 Second Floor 299.00 Second Floor 1206.00 P/P Porch 132.00 Porch 24.00 Deck 209.00 GAR Garage 713.00 LIVING AREA BREAKDOWN Totals Breakdown Subtotals 1587.00 1505.00 365.00 713.00 First Floor 15.0 x 22.0 330.00 4.0 x 21.0 84.00 7.0 x 36.0 252.00 22.0 x 30.0 660.00 8.0 x 15.0 120.00 4.0 x 9.0 36.00 7.0 x 15.0 105.00 Second Floor 13.0 x 23.0 299.00 11.0 x 21.0 231.00 14.0 x 30.0 420.00 15.0 x 22.0 330.00 15.0 x 15.0 225.00 DIMENSION LIST ADDENDUM IBorrower: N/A File No.: 3707Falkstone Property Address:3707_Falkstone Drive _ Case No.: _ Ci f Mechanicsburg _State'. PA Zip: 17050-2289 GROSS BUILDING AREA (GBA) 3,092 GROSS LIVING AREA (GLA) 3,092 Area(s) Area % of GLA % of GBA Living 3,092 100.00 Level 1 1,587 E; _..33 51.33- Level 2 1,505 48.67 48.67 Level3 0 0.00 0.00 Other _ 365 11.80 11.80 GBA r Basement L 0 _ Garage Q 713 - _ Area Measurements Area Type Measurements Factor Total Level1 Level2 Level3 Other Bsmt. Garage 22.00 21.00 36.00 _ 30.00 15.00 9. 23. 00 31.00 _ 21_00 30.00 22.00 15.00 -1-5.0-0 -- _ - --- _ -- - --- --- - - _ -- _ x x x x x - x x x x x x x x x x x x x x x x x x x- x x x x x x x x x _ x x x 15 00 4.00 7.00 22.00 8.00 4_00 13.00 23.00 11.00 14.00 15.00 15.00 7.00 _ _ _ x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 1.0Q 1.OU = 1.00 = _ 1.00 = _ 1.00 1.00 1.00 -1.00 1.00 = 1.00 1.00 1.00 1.00 - = - = = = _ - = . = = . = . = = = = = = = 330.00 84.00 252.00 660.00 120.00 36.00 299.00 713.00 231.00 420.00 330.00 225.00 105.00 - _ 0 ? [X] X X [xJ ? LJ ? ? ? ? ??XJ El r ? ? ? ?? o Ci ? ? ? ? ? ? D n ? El ? ? ? ? [X1 ? [X] 0 [XJ [] 0 11 ? ? ? a 11 ?? ? ? ? ? ? ? ? ? r- ? El ? 10 ? ? ? ? [] ? ? [] [] 0 ? 0 ? ? [] ? [] ? ? ? ? ? ? O r-? ? ? ? ? ? ? ? L] ? ? ? ? El 0 ? ? ? ? o ? ? D ? ? ? ? ? ? n ? 11 ? ? ? U ? ? ? ? ? ? L-1 El ? ? ? L1 ? C ? ? n ? ? ? ? ? ? r--? ? ? ? ? 0 ? ? 0 ? ? ? ? El 11 U ? 0 ? o a ? ? ? ? ? U ? n SUczjEC.i t-livPERi-Y PHOTu, D` E NDLA11 orrower. N/A t=ile No.: 3707f alkstone i:omty Address: 3707 Falkstone Drive Case No.: ;iN_ Mechanicsburg State: PA Zip: 17050-2289 ender: Lesley J Beam, Esq. FRONT VIEW OF SUBJECT PROPERTY Appraised Date: February 9, 2010 Appraised Value: $ 385,000 REAR VIEW OF SUBJECT PROPERTY 4 STREET SCENE Borrower: N/A i c o.. Property Address: 3707 Falkstone Drive Case No.: ---- 7i 17050 2289 City_ Mechanicsburc__ State: PA ?: Lender Lesley J Beam, Esq. Level One Laundry Family Room Kitchen/Breakfast Area borrower: N/A File No.: 3707Faikstone -1 Property A? ddress: 3707 Falkstone Drive Case No.: _ City._Mechanicsbu g____ State: PA Zip_17050-•2289 Lender: Lesley J Beam, Esq. Kitchen Butler's Pantry Dining Room Borrower: i`,M File No.: 3707Falkstone Property Address: 3707 Falkstone Drive Case No.: City: Mechanicsburg State: PA_ 17050-2289 Lender. Lesley J Bear); Esq. Two-Story Foyer Living Room Office --- - --- - File No.: 37071 alkstone Borrower, hl/_A --- Property Address: 3707 Falkstone Drive Case No.: _gijt: Mechanicsburg - State: PA Zip: 17050-2289 Lender: Lesley J Beam, Esq Powder Room Master Bedroom Master Bath Borrower :.N/A Property Address: 3707 Falkstone Drive File No.: 3707Falkstone _ Case No.: City: Mechanicsburg State: PAZip: 17050-2289 Lender. Lesley J Beam, Esa Master Bath Bedroom Hall Bath File No.: 3707Falkstor?e Borrower: N/A Case No.: Property Address: 3707 Falkstone Drive ?- -- -- ---- City: Mechanicsburg State: PA Zip_ 17050-2289 Lender: Leslev J Beam, Esq. Bedroom with Private Bath Private Bath Bedroom i-iie No.: 37071-alkstone Borr ?c NA - Case No.: -_- Propeerty Address: 3707 Fall<_sto_ne Drive State: PA Zip` 17050-2289 City: Mechanics) uu Lender: Leslev J Beam Esq Lower Level Den Lower Level Powder Room Lower Level Recreation/Game Room rv- -= - ile No.: 37071=aikstone Borrower: N/A ---- - - - -- - .Property Address: 3707 Falkstone Drive -ase No.: _ _ City: Mechanicsburg-----.-- State.-PA Zip: 17050-2289 Len.'er: I esley J Beam Esq. -- -- - COMPARABLE SALE #1 3705 Falkstone Drive Mechanicsburg Sale Date: 7/27/2009 Sale Price: $ 395,000 Lti. COMPARABLE SALE #2 3804 Leyland Drive Mechanicsburg Sale Date: 11/18/2009 Sale Price: $ 415,900 COMPARABLE SALE #3 812 Tavistock Drive Mechanicsburg r ?. a ¢aia nntw F,191 /gnns PLAT MAP Borrower: N/A File No.: 3707Faikstone Property Address: 3707 Falkstone Drive Case No.: City Mechanicsburg State: PA Zip: 17050-2289 Lender: Leslev J Beam, Esq. ____ _- v , Nip- ¦ ti %q a. LOCATION MAP Borrower: N/A _ File No.: 3707Falkstone Property Address: 3707 'Falkstone Drive Case No.: City: Mechanicsburg- State: PA Zip: 17050-2289 Lender: Lesley J Beam Es q. t) 944 tite Rd N ? Circle r-' o ci E _ Lola ^v C r TJt ?'` ri ft'srer'f+e'?4r ? pt? liillcrest Rd Yi4e ?' t0ou t Vievv > Or Kittatinny C)r Comparable Sale 2 ?9c'ante?n 3804 Leyland Drive lrre?' R Mechanicsburg, Pt, 17050-7634 Subject 370' Falkstone Drive 'rod (0,28 miles ?P•1} Mechanicsburg, PA 17050-2289 rvr na Leyran? ` c ?'?l r Cf 'a r J 1 ? ? Comparable Sale 1 3705 Falkstone Drive h Mechanicsburg, Psi 17050-2289 (0 02 mile E) a 1',tiemoiy Ln ?,? . s ? ? Ca 4? r ? rte. 41+ti0 ? V C$ A 4 O G 9v Or 11 Comparable Sale .3 r ' ]J r err C y r 812 Tavistock Drive hAechanicsbc?rrc, P4-. 17050-5006 { eF ', >;un ' .; F r ? ? (0.99 riile_ N) i i q: rrntaye ' ? t cout Se NIB n c rI, $Sr'r?' ; ^? V?'ir T fib] ' ? ' Craygr Ln v? v?a? a J G ry J+ 5 a q Q 'Di 17e% [] P f7? y r 1 ClJ Borrower: N/A File No.: 3707Falkstone Property Address: 3707 Faikst_one Drive Case No,: City: Mechanicsburg State: PA Lip: 17050-2280 Lender: Lesley J Beam, Esq. NN ks 43 Borrower: N/A File No.: 3707Falkstone Property Address: 3707 Falkstone Drive Case No.: City: MechanirsbuLj___ __ State: PA Zip: 17050-2289 Lender: Lesle J Beam Es q. dlb'deeds?girman to 91rmsr RECORDATION REQUESTED BY: Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 IVREN RECORDED tiiAII_ TO: Beth Ann Girtuau 3707 F'alkstone Drive Mechanicsburg, PA 17050 TAX PARCEL NO, 10-16-1056420 SEND TAX NOTICF,S TO: Beth Ann Girman 3747 Fatkstone Drive Mechanicsburg, PA 17050 SPACE ABOVE THIS LM IS FOR RECORDER'S USE ONLY THIS DEED, Made the day of Febt nary, 2008, BETWEEN BERNARD W. GI IAN, JR., and BETH 4204 GIRMAN, husband and wife, hereinafter designated as the Grantors, A.ND Blw: M ANN GIR UN, a hurried woman, hereinafter designated as the Grantee. WITNESSETH, that the Grantors for and in consideration of One DoUar ($1.00), lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these pres:,nts grant, bargain, sell and convey unto the Grantee forever. ALL T1 AT CERTAIN tract of land in the Township of Hampden, County of Cuzriberland, and Conxunonwealth of Pennsylvania, more particularly bounded and. described as follows, to BEGINNING at a point its the southern dedicated right of way line. of Falkstone Drive, said point being; on the dividing line of Luis No. 536 and 537 of Highlands of Hatnpden Square, Phase VII; thence by the southern dedicated right of way line of Falkstone Drive, South 77 degrees 54 minutes 00 seconds Fast, 122.00 feet to a point; thence by Lot No. 610, South 12 degrees 06 minutes 00 seconds `Vest, 115.00 feet to a- point; thence by Lots Nos. 528 and 530 of Highlands of Hampden Square, Phase VI, recoi-ded in Plan Boob 76, Page 50, in the Recorder of Deeds Office in and for Cumberland County, Borrower: N/A File No.: 3707Falkstone Property- Address: 3707 Falkstone Drive Case No.: gty? Mechanicsburg _ State: PA Zip: 17050-2289 Lender: Lesley J BearnEs . diodeNw,f)i ran to girmmll Peansylvat>_ia, North 17 degrees 54 minutes 00 seconds West, 122.00 fCet to a paint; thence by Lot No, 536, North 12 degrees 06 minutes 00 seconds East, 115.00 feet to a point; the place of BEGINNING. I CONTAUMNG 14,030 square feet: more or less. BEING Lot 537 as shown on the Final Subdivision Plan of Highlands of Hampden Square, Phase VII, recorded in the Reear&r of Deeds Office in and for Cumberland County, Pennsylvania, in Plan. Book 76. Page 50. BEING STJBJECT to a 15 feet wide PP&L and Bell Atlantic ease-merit urith certain restrictions as set forth in a right of way agreement made on March 31, 2000, and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania., in Misc. Book ____, Page _ TINDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. BEING THE SAINU PREMISES which Charter Honees Building, Company by its deed dated November 22, 2000, and recorded December 4, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 235; Page 468, granted and conveyed unto Bernard W. Girman, Jr., and Beth Ann Girman, the Grantors herein. THIS IS A TRANSFER FROM HUSBAIND AND WIFE TO SAME WIFE A1ND IS, THEREFORE, EXE-M PT FROM REALTY TRANSFER TAX. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, bereditaments and appurtenances to the same belonging or in ar ywise appertaining; and the reversion and reversions, remainder and remainders, rents, isqucs and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAND, AND TO IIOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantee and to the Grantee's proper use and benefit forever. AND the & amors covenant that, except as may be herein set forth, they do and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, agairist the Grantors and all other persons lawfully claiming the sane or to claim the same or any part thereof, by, front or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gentler or plural or singular number is Intended to include the appmpriate gender or number as the text of the within imtru,nerit may require. Vb"herever in this instrLwient any party shall be designated or referred to by name or general zeference, such desianatioti is intended to and ,hall have the same effect as if the words "heirs, executors Borrower: N/A _ 1=ile No.: 3707Fa!kstone Property Address: 3707 f--alkstone Drive Case No.: _ City: Mechanicsburg State: PA Zip: 17050-2289 Lender: Lesley J Beam Es q. dlb?deedslgirman io yirrtan administrators, personal or legal representatives, successors and assignshard been inserted ai:cr each and every such designation. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seats the day and year first above written. Signed, Sealed and Delivered in the presence of - -?- BERN; JR. BETH ANN GII IAN COMMOMVEA-LTH OF PEN- SYLVA ?'IA ) 5S. ?? OF CJ?rYi rC?-rr??ti..i? } CC)L I BE IT REMEMBERED, that on February 7 i ?fffi, before me the subscriber personally appeared BERNARD W. C'TIR.NUN, JR., and BETH ANN GMNIANT, known to me fox satisfactorily proven) to be the persons whose names are subscribed to the within instrument and actiowledged that they executed ie same for the purposes therein contained . M WITNESS NVI ER.EOF, l hereunto set niv hand and official seal. Notary Public; NUARK SEAL CHAR..ES A. HARBOL4, Notary PubRe I Camp H14 Baro, Cumberiand County viy Gomrnissian Expires Dec. 30, 20101 Borrower: N/A File No.: 3707Falkstone Prope,-ty Address: 3707 Falkstone Drive Case No.: _ City: Mechanicsburg State: PA Zip: 17050-2289 Lender: Lesley J Beam, Esq. _ CD N ti 1 y (r O ? ? ??..s fF w CD 4 - . CO ? o o ^ z n ? ?D n w. U yJ v. ? C? n ? a X er, v w z l.i 1..i Tr^ ! Borrower: N/A File No.: 3707Falkstone PropE ty Address: 3707 Falkstone Drive Case No.: _ Cit_y_ Mechanicsburg State: PA Zip: 17050-2289 Lender: Lesley J Beam, Esq. G ROBERT P. ZIEGLER RECORDER OF DEEDS ' , : CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 i 717-240-6370 _ s = 1?1+? Instrument Number - 2NS04271 Recorded On 2/12/2008 At 2:00:58 IM "Total Pages, - 5 n In Type - DEED invoice Number - 14274 User ID - AF Grantor - G1RMAN, BERNARD W JR ' Grantee - GIRMAN, BETH ANN Customer - REAGER FEES -- STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESs TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES -- $11.50 RECORDER OF DEEDS T}115 a e is now art p g AFFORDABLE HOUSING $11.50 p COUNTY ARCHIVES FEE $2, 00 rif th1S legal document,, ROD ARCHIVES FRE $3.00 CUMBERLAND VALLEY SCHOOL $C_00 DISTRICT HAMPDEN TOWNSHIP $0.00 TOTAI. PAID $38.50 I Certify this to be recorded in Cumberland. County PA a r??<x ItECORUR 1750 " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. O,iOHEQ Ililllillillillliilllllllll? EXHIBIT #2 Return Mail Operations PO Box 14411 Des Moines, IA 50306-3411 DFf DD?Tf AF?1'?D?'AFrI'ATFI'D?IFFDATAT?f ETAIIAT?DTAADFDTf M11TFF? 1AT 7686/047323/007686 140 01 ACNJKF 936 BERNARD W GIRMAN JR BETH ANN GIRMAN 3707 FALKSTONE DR MECHANICSBURG PA 17050-2289 Summary Payment (Principal and/or Interest) Optional Product(s) Current Monthly Payment Overdue Payments Unpaid Late Charge(s) Other Charges Property Address $1,905.69 3707 FALKSTONE DR $0,00 MECHANICSBURG PA 17050 $1,905.69 Unpaid Principal Balance $131,773.97 (Contact Customer Service for your payoff balance) $0.00 $0 00 Interest Rate 4.750% . Interest Paid Year-to-Date $3,829.55 $0.00 TOTAL PAYMENT $1,905.69 Activity Since Your Last Statement Late Date Description Total Principal Interest Escrow Charge Other 07/23 PRINCIPAL PMT $100.31 $100.31 07123 PAYMENT $1,905.69 $1,378.23 $527.46 07/23 PAYMENT $2,006.00- 07/23 PAYMENT $1,003.00 07/09 PAYMENT $1,00100 06125 PRINCIPAL PMT $100.31 06/25 PAYMENT $1,905.69 06/25 PAYMENT $1,003.00 06/25 PAYMENT $2,006.00- $2,006.00- Unapplied $1,00100 Unapplied $1,003.00 $100.31 $1,372.40 $533.29 UnappGed $1,003,01) $2,006.00- -_____________________-.______________________________-.___________-_______________-_____ w Loan Number W631 Check here and see reverse for address BERNARD W GIRMAN JR correction. BETH ANN GIRMAN 76,'16/047323/007686 140 01 ACNJKF 936 EFfFDDFFD?DT?TAT?ITAFIiFADAAEDDFf>11IDAEFI'AA?TDATADDTATfMTEADEDE WELLS FARGO HOME MORTGAGE PO BOX 6423 CAROL STREAM, IL 60197-6423 11 H1 THIS IS NOT A BILL, BUT FOR YOUR INFORMATION ONLY. Quarterly Mortgage Statement Statement Date 0 Loan Number 60631 Customer Service X Online yourwellsfargomortgage.cam Fax Telephone (866) 278-1179 1800) 222-0238 Correspondence Hours of Operation PO Box 10335 Mon - Fri, 6 AM - 10 PM Des Moines IA 50306 Sat, 8 AM - 2 PM CT n Payments PO Box 6423 TTY Deaf/Hard of Hearing Carol Stream, IL 60197 (800) 934-9998 Purchase or Refinance (800) 443-3429 Important Messages This is not a bill. This mortgage statement reflects drafted payment application(s). Please disregard the payment coupon unless you are making additional principal or escrow payments. If you are paying off your loan, please remember to cancel your draft at least five (5) days prior to your next draft date. NEW ONLINE AGREEMENT We've updated our Online Access Agreement. To see what has changed, visit wellsfargo.com/on li neupdates. SWITCH TO ONLINE MORTGAGE STATEMENTS They look and function just like paper statements. You'll receive a notice by email when your Online Statement is available - usually days before you would have received your mailed statement. Online Statements are a win for you and the environment. Switch today at welisfargo.comlmortgagesweeps. 047323/007686 ACNJKF 7686 ETM10006 2 - - - -- ----- - - -- -- - --- -- - - - -- -- ------ - -- -- -- - -- - 936 0609510631 3 1t0000190569020009701905690000000 000000005046436855 3 EXHIBIT #3 r_ ! A. oettlement Statel-ne t U.S. Department of Housing 01.12. Approval No. 2502-0265 and Urban Development (expires 11/3012009) B. Type of Loan ?i 6. File Number: 7. Loan Number 18. Mortgage Insurance Case Number 1 FHA 2. F-1 FmHA 3. j Conv. Unins. Girman to Reese 4. ? VA 5. ? Conv. ins. C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Eorrower E Name & Address of Seller. F. Name & Address of Lencer. Richard A. Reese Bernard W. Girman, Jr. CASH 404 Redcoat Court Biglerville, PA 17307 PA Hanover, PA 17331 Lou Ann Reese Beth A. Girman A04 Redcoat Court Biglerville, PA 17307 Hanover, PA 17331 G. Property Location: H. Settlement Agent: itescission Date: 165 Woodview Road Cashman & O'Donnell, P.C. Biglerville, PA 17307 TIN: 20-0494160 Adams County Place of Settlement: I. Settlement Date: 141 Broadway, Suite 230 0812912008 Hanover, PA 17331 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction _ 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101 Contract sales price 102. Personal property _ 103. Settlement charges to borrower (line 1400) 104. _ 105. $245, 000.00 $2, 860.00 401. Contract sales price 402. Personal property 403. 404. 405. $325, ^00.00 Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes 08129!2008 to 0110112009 $15.12 406. City/town taxes 0812912008 to 0110112009 $15.12 107. County taxes 08129/2008 to 0110112009 $236.88 407. County taxes 0812912008 to 0110112009 $236.88 108. Assessments 0812912008 to 0710112009 $1,912.61 408. Assessments 0812912008 to 0710112009 $1,912.61 109. 409. - 110. - - -- 410. ---- --- 111. -- 411. - 112. ------- 412. ---- 120. Gross Amount Due From Borrower '$250, 024. 61 , 420. Gross Amount Due To Seller $247,164.61 1 200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 201. Deposit or earnest money $5,000-00 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) $18, on2.12 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan Northwest $211,472.13 205. 505. Payoff of second mortgage loan ?06- 506. -- - _ ?07. 507. - ---- --- - 208. 508. -- ?09- 509. 4djustments for items unpaid by seller Adjustments for items unpaid by seller _ >10. City/town taxes 510. City/town taxes c ?11. County taxes to 511. County taxes to )12. Assessments o 512. Assessments to -- --- - - ?l 3. ----- 513. ---- - ? 14. - -- - --- - - 514. ---- - >1 5. 515. -- ----- - )16. -- 516. -- - )17. - --- - 517. -- --- - - 118. --- 518. -- - 119. ---- 519. ?20. Total Paid By/For Borrower $5,000.00 520. Total Reduction Amount Due Seller $229,474.25 100. Cash At Settlement From/To Borrower 600. Uash At Settlement Io/From Seller L. Settlement Charges 700. Total Sales/Broker's Commission based on price $ Division of Commission (line 7O0) as follows: 701. $ to 702. $ to Paid From Paid From Borrowers Seller's Funds at Funds at Settlement Settlement 703. Commission paid at Settlement 704. Hurley Auctions $12,375.47 800. Items Payable In Connection With Loan 801. Loan Origination Fee % CASH 802. 1 oan Discount % CASH 803. Appraisal Fee - to CASH 804. Credit Report to CASH - 805, Lender's Inspection Fee CASH 806 Mortgage Insurance Application Fee to CASH 807. Assumption Fee CASH - 808. - - ---- -------- 809. - ---- 810. 811 ? ?- - 812. 8 13. - - -- -- 814, 815. -- _-- 816. ---- - -- 817. -- 818. -- - - - --- - 1--- ----- --- -- 819. ------ - ---....----- 820. --- -- - 9UU. items Kequired By Lender To Be Paid In Advance 901. Interest from 0812912008 to 0910112008 @$ /day 902. Mortgage Insurance Premium for _ months to 903. Hazard-Insurance Premium for - years to 904. years to ----- 905. ------ 1000. Keserves Ueposited With Lender 1001. Hazard insurance - months @$ per month 1002. M_ortpge insurance months @$ per month _- 1003. City property taxes _ months @$ per month 1004. County property taxes months @$ _ per month 1005. Annual assessments months @$ _ per month 1006, ----- - months @$ per month 1_007. months @$ 10_08. _ months @$ 1009. Aggregate Accounting Escrow Adjustment per month per month ----_--- $0. 00 $0.00 11UU. Irtle Gharges 1101. Settlement or closing fee to Cashman O'Donnell, P.C. $150.00 1102. Abstract or title search to Cashman O'Donnell, P.C. (bringdown) $200.00 1103. Title examination to 1104. Title insurance binder to _ 1105. Document preparation to Cashman O'Donnell, P.C. $85.00 1106. Notary fees to Laurie J. Sterner $10.00 $5.00 1107. Attorney's fees to _ (includes above items numbers: 1108. Title insurance to (includes above items numbers: 1109. Lender's coverage _ 1110. Owner's coverage - S -- -- I 1 1 1. - -- -- -- - - - - 1112. --- ---.--- 111 - --- I --- - - $245,000.00 @p %= 1200. Government Recording and Transfer Charges _ &An nn Certification (continued from HUD-1) I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me m this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. 4A. Borrower: Date: R hese Borrow;; Date: Lou Ann Reese Seller or Agent: Bernard V- -G an Seller or Agent: Date: Beth A. Girman The HUD-1 Settlement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this stge?ient. f' \ a Date: Settlement Agent: ?APate: Alan M. Cashman WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include afine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. t Fre?jr?s e_Ilb:d :'s obedale form HUD-1 (386) raf HarldCook 4305.2 A. Settlement Statsment U.S. Department of Housing and Urban Development I- ,.r I ()MI; Annmual Nn. 25C24)2o5 fexofres 11!30,2COM gage Insurance Case Number 1. FHA 2. OFmHA :f. pConv. Unins. 6. File Number 7. loan Number 3. Mort A. VA 5. ?Conv.lrs. 09.11688M 6100090327 441.9073497.703 is orm s omen '.o give you a s amen ac u sa man cos s. oun s par o a y --an, agent are s .own. C. Note: hems merxed'(p.o.a)" were paid onside the dosing; they are shown here for Irdarmallon purposes and em not Included In the meals. TifleExpress Settlement System /DARNING: it is a aane'o xrowlrgly make !else slat LI. to the united Slates on this or any other slmWr'arm. Peraltles upon mnvicrion care clude a Gne and mpdsmment. Far details sae: Title 16 U. S. Code Section 1001 and Section 1010. Printed 0 4 /3 012 0 49 at 10:14 L3 0. NAME OFBCRRCOVER: Nathan L. Morgan ADDRESS: E. NAME OF SELLER: Bernard W Girman ADDRESS: F. NAME OF -ENDER: Graystone Mortgage, ISAOAATIMA ADDRESS; 5115 East Trindle Road, Mechanicsburg PA 17050 G. PROPERTY ADDRESS: 729 15th St, New Cumberland, PA 17070 i H. SETTLEMENT AGENT: Blue Mountain Settlement Agency Ltd. PLACE OF SETTLEMENT: 5405 Jonestown Road, Suite 101, Harrisburg, PA 17112 1. SETTLEMENT DATE: 0413012009 I J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: r 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER +41. Contract saies once 165 000.00 401. Contract sales rice 165.000.00 102. Personal aroperty 402. Personal Prc ert 143. Settlement cherries to honower'line 1400 6,573.62 403. 104. 404. 105. 405. Adiustments'or items paid b seller in advance Adjustments for Items aid b seller In advance 107. Count taxes 04130109 to 12131109 417.99 ' 407. Count taxes 04130109 to 12131109 417.99 108. School Taxes 04/30109 to 08131109 418.62 408. School Taxes 04130109 to 08131109 418.62 109. 409. 110• 410. 111. Sewer A/M1J 04130109 to06130109 40.16 411.- Sewer A1MIJ 04130109 to 06130109 40.16 112. Trash AfMIJ 04130109 to 06/30109 29.02 412. Trash AIMM 04130109 to06130109 29.02 120. GROSS AMOUNT DUE FROM BORROWER 172 479.41 420. GROSS AMOUNT DUE TO SELLER 165 905.79 200. AMOUNTS PAID BY OR ON BEHALF OF BOR ROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201. DeDosit or eamest money 1,000.00 501. Excess Di osit see instructions' 202. Princioal amount of new loans 162 011.00 502. Settlement charges to seller line 1400 13.998.88 203. -Existing loans taken subject to 503. Existing loans taken subject to 204. Lender Credit ' 1,250.00 1 504. Payoff of First Morta e Loan 147 941.56 Suntrust Mortgage, Inc. 245. 505. Payoff of Second Mortgage Loan 3,965.35 United Guaranty 2^6. 506. 207. 507. 208. 508. 2C9. 509. Adjustments for items unpaid b seller Adjustments for items unpaid b seller 213. 513 x214. . 514. 21°. Seller Assist ?21fi 217. 218. 2,9. 220. TOTAL PAID BYIFOR BORROWER 64 261.00 515. Seller Assist " 517. 518. 519. 520. TOTAL REDUCTION AMOUNT DUE SELLER 65.905.79 , 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLE R 301. Gross amount due from borrower line 120 172 479.41 601. Gross amount due to seller (line 420) 165,905.79 302. Less amounts id b /for borrower line 220 3(3. CASH FRCM BCRROWER _ 164 261.00 81218.41 602. Less reduction amount due seller line 520 603. CASH TO SELLER 165 905,79 -- 00? SUBSTITUTE FORM 1C99 SELLER STATEMENT: The IMmnalion mmeined herein Is bnporism it. irdannalien and I. bafrg fumhhad to the Intemal Rawnua Sarvico. If you are requrrad to Mo a return. a negligence penally a othv sendlon wig be imposed on you if Ws item is required Io be reported and the IRS determines :hat a has rnt bean raponad. The ConVact Sates price Oesalbad on Ine a01 above constibaas wa Gross Proceeds of die Ifansadlan You are required by I" to provka the settlement agent (Fed. Tax to No. with youf •cnect taxpayer ldenllllullon number. II you do not provide your cc rW taxpayer IdenliAunon number, you maybe subject to CMI or criminal Penalbs imposed by law. nder pe es a perjury. I ceN(y Ctat the number shown on this steam ant la my coned faxpayer identification number. SELLER(S)SIGNATURE(S): ) SELLER(S) NEW MAILING ADDRESS: SELLER(S) PHONE NUMBERS: r _?.na yu e n fuinle WWI HUU-i ('aldti( ref .inrldb00k 97052 U.SnCEPARTMEN- OF :;CUSiNG .AND UREAN DEVELOPMENT FIE Number. 09.1168BM PAGE 2 11GTTI GMFNT STATFMFNT Title=xcress Settlement System Printed 94/3012009 at 10:14 LB L. SETTLEMENT CHARGES PAID FROM PAID FROM 7^u0. TOTAL SALESIBROKER'S COMMISSION based on rice $165,000.00 = 9.795.00 SORRCWER'S SELLER'S Division cif ommissicn Nne 700) as follows: FUNDS AT FUNDS AT 701, S 4,622.50 m Remax Real Professionals SETTLEMENT SETTLEMENT 702. 3 4,672.50 _ S 500.00 70, Commission aid at Settlement 704. Transaction Fee to Homestead to Scott Mertz to Remax'iHomestead Group inc. 75,00 9,795.00 200.00 SC'0. ITEMS PAYABLE IN CCNNECTION WITH LOAN Ki. Loan Odcination Fee % 802. Loan Discount % 803. A raisai =ee to Graystone Mortgage, ISAOA ATIMA 350.00 304. Creclt Report to Graystone Mortgage, ISAOA ATIMA 19.37 805. Prccessine Fee to Graystone Mortgage, ISAOA ATIMA 125.00 806. Morta e Ao lication Fee _ 807. Gravstone Mortgaae to Gra stone Mortgage, ISAOA ATIMA 18.50 808. Administration Fee to Gra stone Mortgage, ISAOA ATIMA 250,00 8C9. Occ Preo Fee Ic Graystone Mortgage. ISAOA ATIMA 375.00 V^ Wire & MERS Fee to Graystone Mortgage, ISAOA ATIMA 4.95 _ 81 " I I 900. ITEMS REQUIRED BY LEND ER TO BE PAID IN ADVANCE 901. Interest Frcm 0413012009 to 0510112009 (as 22.1900 / day 1 Days 22.13 ! 9C2_;Mortgace insurance Premium f or _ to Department of HUD I 2,786,44 1 1000. RESERVES DEPOSITED WITH LENDER FOR I 1001. Hazard Insurance 3 mo. 4 $ 29.13 Imo 87.39 1CC2. Modua a Insurance mo. (0) $ 232.20 Imo r _ 1003. City Prooerty Taxes Mo. Q S Imo 1GC4. County Property Taxes 3 mo. a(7 $ _ 51.68 Imo 155.04 1005. School Taxes 12 mo. (a) $ 104.78 Imo 1,257.36 1009. Aggregate Analysis Adjustment to Graystone Mortgage, ISAOA ATIMA I .428.101 0.00 a an Z . urge emar elvnan WARNING: R IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE The HUD-1 Settlement Shlament which I have prepared is s We all accurate eaounl of this baruedlon UNTED CAN NSTATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON CONVICTION I have caused ar will cause the fulls to be dbbunad In accordance urith ads autemenL CAN NC E A STATES AND IMPRISONMENT. FOR DETAILS SEE TITLE IS: U. S. CODE SECTION 1001 AND SECTION 1010. HUD CERTIFICATION OF BUYER AND SELLER I nave carefully M-ed the HUD-1 Setllemant Statemant and to the bast army knowledge and belie[ it Is a true and accurate statement of all fMMIpla and dlabunement! made on my nccound orby me in this benladwn, I fuller certify Mit I have he"Nee a copy of the HUD-1 Settlement Sletem.m. torte : UU-1 p: d) ml Manooook QU5.1 U.S. DEPARTMENT OF HCUSING ANC UREAN CEVELCPMENT F le Number: 09.1188BM PAGE 3 SETTLEMENT STATEMENT 71leE.coress Settlement System Printed 1413012CO9 at 10:14 LS 15CC. SCHEDULE OF DISBURSEMENTS I BUYER SELLER ri 15C . Sewer JONI to New Cumberland Boro 58.95 15C3.Sewer A/.M1J to New Cumbedand Boro j 58.9` j 1504. Sewer Oct to Dec. to New Cumberland Boro 103.11 .505. Filing Fee to New Cumberland Borough 65,75 15C6. 7rashA/M/J to New Cumberland Boro 42.60 1 1507. Trash Oct. to March to New Cumberland Boro 89.46 1508 5C9. 1510. i 1511. 15'.2. 151s. 1:14 1515. i 151?. _ 11S^? 1519. I 1520, TOTAL HUD LINE 1308 EXPENSE: 418.88 Certification (continued fr^rr, HUD-1 I have careVly reviewed the HUD-1 Settlement Statement and to the best of my knoVedge and lei ef. it is a true and accurate statement of all receipts and disbi.rsements made on my account or by me in this. transaction. I further cerify that I hale received a copy of the HUD-1 Settlement Statement. Seller or Sorro Date: ?7t Agect: Date: ser; R: herd ese T Qernar?+ ?A: nn Seller or norro?v?y> ',? ?= / Date: Agent: ?a 9thf/A. Date -n Reese Gir -Lou A,, The HUD-1 Settlement which I have prepared '.s a true and accurate acimunt of this transaction. i have caused or will cause the funds to be disbursed in accordance wit!, this st Date. Settlement Agent. -- Alen iti1. Cashman WARNING: it ,s a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction car, include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. EXHIBIT #6 ? % P vrsonal Investors Open an account Log off Jrms Contact us ELLLP Search • Home • My Portfolio • Research Funds & Stocks • What We Offer • Insights • Buv & Sell • Overview • Accounts & Activitv • Portfolio Analvsis • Performance • Takes & Income • Statements • Account Profile • My Messages Investments a n n accounts Specific holdings Time frame YTD w` 1 Year ?'3 Years 5 Years Custom range Performance • Balance Trend • Investment Return Balance trend chart 0 1/3 1/2007 - 01/08/2010 Activity summary Total value as of $190,855.31 12/31/2006 Purchases and withdrawals --$74,913.28 Ix Investment x return-,-..--! Total value as of 01/08/2.010 --$45,591.16 $70,350.87 r Important information about your balance trend » Month-by-month activity/ Vie-,,v all transaction historv » x Month 'Beginning Bala-ace Purchases/ ?v'lthd Investment ra ?valsReturn Ending Balance Jan 2010 $69,021.21 $0.00 $1,329.66 $70,350.87 Dec 2009 $68,564.05 $0.00 $457.16 $69,021.21 Nov 2009 $65,735:73 $O.OG $2,828.32 $68,564.05 Oct 2009 $66.434.35 $0.00 -$698.62 $65,735.73 Sep 2009 $64,626.67 $0.00 $1,807.68 $66,434.35 Aug 2009 $62,962.11 $0.00 $1,664.56 $64,626.67. Ju12009 559,838.50 $0.00 $1,123.61 $62,962.11 Jun 2009 $59,634.55 $0.00 $203.95 $59,838.50 May 2009 $57,484.16 $0.00 $2,150.39 $59,634.55 Apr 2009 $124,794.13 -$75,000.00 S7,690.03 $57,484.16 Mar 2009 $124,713.28 $0.00 $30.85 $124,794.13 Feb 2009 $136,887.31 $0.00 -512,174.03 $124,713.28 Jan 2009 $130,181.51 $0.00 $6,705.80 $136,887.31 Dec 2008 $126,343.89 $0.00 $3,837.62 $130,181.51 Nov 2008 $155,398.71 $0.00 -$29,054.82 $126,343.89 Oct 2008 $185,461.59 $0.00 -$30,062.88 $155,398.71 Sep 2003 $199,591,71 $0.00 -$14,130.12 $185,461.59 Aug 2008 $193,961.89 $0.00 $5,629.82 $199,591.71 Ju12008 $190,114.42 $0.00 $3,847.47 $193,961.89 Jun 2008 $186,848.88 $0.00 $3,265.54 $190,114.42 May 2008 $181,005.40 $0.00 $5,843.48 $186,848.88 Apr 2008 $179,833.94 $0.00 $1,171.46 $181,005.40 Mar 2008 $182,755.89 $0.00 42,92195 $179,833.94 Feb 2008 $174,258.03 $0.00 $8,497.86 $182,755.89 Jan 2008 $184,557.02 $0.00 -$10,298.99 $174,258.03 Dec 2007 $186,217.57 $0.00 -$1,660.55 $184,557.02 Nov 2007 $175,318.24 $0.00 $10,899.33 $186,217.57 Oct 2007 $201,789.70 $0.00 -$26,471.46 $175,318.24 Sep 2007 $190,774.44 $0.00 $11,015.26 $201,789.70 Aug 2007 $183,806.11 $0.00 $6,968.33 $190,774.44 Ju12007 $186,779.61 $0.00 -$2,973.50 $183,806.11 Jun 2007 $190,767.66 $86.72 -$4,07-4.77 $186,779.61 May 2007 $190,306.17 $0.00 $461.49 $190,767.66 Apr2007 $178,172.20 $0.00 $12,133.97 $190,306.17 Mar 2007 $182,088.37 $0.00 -$3,916.17 $178,172.20 Feb 2007 $190,972.84 $0.00 -$8,88-1.47 $182,088.37 Jan 2007 $190,855.31 $0.00 $117.53 $190,972.84 Total -$74,913.28 -$45,591.16 Note on account protection: Securities in your brokerage account are held in custody by Vanguard Brokerages Services® (VBS®), a division of Vanguard Marketing Corporation, member FINRA and SIPC. Account protection 1 ? c 1995-2010) The Vanguard Group, Inc. All rights reserved. Vanguard Nlarketing Corp., D;strib. Terms & conditions of use Security- Center ; Obtain prospectus ? Careers I Vanguard.rnobi Feedback I Enhanced Support C1 ?Q CD V CA) 0 00 CD 0 c c CL a. n? N V-l l ? tv ? G ICJ 2 `r Wi R' I J Q r A W I V G7 c 6'! %4 U ? (L 00 v CD < O Gf - CL CD c ? ? a Q CD c: X G CA I D n N N 0 C L2 O O Q] j 07 ti ?>' v9 O Ln o co -< I SIT -{ D n X X' O m V L•GSyt t;bl`i <. ' GIi;L Ll,998000000 JJfE .Nl O i. N CI . w.e ? Q 0 CD CC O y .. C ?. c CL N 3 6 V 0 3 0 00 f I I t?9 '!f3 ; ?7 p O O c? l o A C (D ? D < W O C G? m z m 0 N N Q C O -Q C G) cn C (D o o (D ? N m I P A I o V Q) i W N J N orn ! O 00 I 6 9 O N 0) W < C' O C (D I O /D w o 0 1 Z 7 I > N N I ? ? ? n n L 3 0 0 ? c+? M O N N ti ? i ? C C (D Q) m ? Y U ?C) L N co N ? U ? i > L O F', Q) (n L U W co C Q ? O O n ? N a ? o o_ ? L (d 0 N w ro 1n cts \ O E O d CV n cc cc) N O co A j (n m 0 G 0 U R 3 f6 Y E a. N C 0 ma C c C O V O N C X 2 M C Y M C 0 m m H 0 0 N O M CEO C O ' -o U ? C O ?p m o E 0 ? U ? W 0 ? cn 0 0 3160 0000p095677?912 17 3 5189 16fl25 Q 111111111111 lllli Iilll 11111111 IIIII 11111111111111111111111111111111111111111111 IIII w?aw w 0 Ln n d a E?KIBI-? #8 0 BERNARD d GIRMAN J . --- --- 1D,'O5,'07 SETH -' GIRMAN --- 3707 -ALKSTONE CRI;E MECHANICSBURG PA --- fo 921 21 CYC-E-021 CHECKING `"` TOTALLY FREE CK:LNG ACCOUNT NUMBER 921 FREVICUS STATEMENT BALANCE AS OF 09/07;07 ........................ 9,274.48 PUJS 6 DEPOSITS AND OTHER CREDITS ................... 20,958.69 LESS 36 CHECK` AND OTHER DEBITS 28,545.31 CUR2N` STATEMENT BALANCE AS OF 10/05/0? ......................... 1,687.86 NUNIBER OF DAYS IN THIS STATEMENT PERIOD 28 "". CHECK TRANSACTIONS "" S ERIAL DATE AMOUNT SERIAL DATE AMO UNT 4901 09/12 40.00 4937 091`24 1,926. 95 4922` 09/12 1::.00 4938 09/24 127. 18 4923, 09;11 5.00 4939 09/24 28. 50 4924 09/10 190.00 4940 09/25 461. 55 4925 09,/1I 5,228.58 4941 09/19 125. 00 4925 C9?'10 1,999.09 4943" 10/O1 3. 00 4927 09:'13 664.90 4944 10!01 2.D-15. 69 4928 G9/L 40.00 4945 10%O1 1,974. 18 4929 09/14 S1.00 4946' 1-11,01 112. 00 4930 091118 17.00 4947 10/O1 26. 94 4931 09117 400.00 4948 10/01 1,581. 77 4932 09/26 x,114.53 4949 10/01 15. 51 4933 09/21 160.24 4950 09/26 225. 00 4934 09/21 38.63 4953" 10/05 37. 12 4935 09/24 43.82 4954 10/02 130. 00 4936 09/24 125.73 4955 10/03 150. 00 --------------- "' CHECKING ------------ ...--------------- ACCOUNT TRANSACTIONS "•` -- -- ----- ------------ ---- DATE DESCRITION DEBITS CREDITS 03/10 AC-FIA CARDSERVICES-CHECK PYMT 1,999.09 CK-00004926 09/10 AC-FIA CARDSERVICES-CHECK PYMT 5,228.58 CK-00004925 ^.9i'-2 WTHDRL DDA 0484 09/12 12:41 100.00 3201 TRINDLE RD CAMP HILL PA ?/14 AC-ST. DUDE MEDICAL-PR PAYMENT 2,164.81 09.=14 DEPOSIT 902.00 09/18 XFER FROM ACCT CK-C60513031468 500.00 C?/24 AC-VERIZON ARC -CHECK PYPIT 28.60 CK-00004939 09/24 AC-FIA CARDSERVICES-CHECK PYMT 1,926.95 CK-00004937 G9; 25 XFER FR OM ACCT SV-D00430055744 6,000.00 G'+;'28 AC-ST. JUDE MEDICAL-PR PAYMENT 1,669,26 09/23 AC-ST. JUDE MEDICAL-PR PAYMENT 9,722.62 10/01 41THDRL DDA 4160 09/30 12:25 200.00 3201 TRINDLE RD CAMP HILL PA 1!1/01 AC-MAC'• IS PAYMENT -CHECK P,rMT 3.CO CK-00004943 . I AC-AT, T wN-UMIFR -CHECKPAY!T 15.51 CK-00004949 10/01 AC-FIA CARL`EPVICES-CHECK PYMT 1,561.77 CK-00004948 10/01 AC-41F9M MORTGAGE -CHECKPAYMT 2,005.69 CK-OCOC4944 10;'01 ',FER TO ACCT SV-000430055744 9,000.00 PAGE 2 BERNARD W GIRMAN JR --- 10/OS/G7 BETH A GIRMAN 3707 FALKSTONE DRIVE MECHAN'CSBURG PA 170`0 0921 CYCLE-021 --------------------------- ." CHECKING ACCOUNT TRANSACTIONS - --- ------- -------------- ---------- ----- ---- DATE DESCRIPTION DEBITS CREDITS 10;03 S,THDRL DDA 6526 '--0/03 G9:11 150.00 742 'NERTZVILLE RD ENOLA PA 10/05 AC-UGI UTILITIES -UTIL PMT 37.12 CK-00004953 ------------------------- "° BALANCE BY DATE - --- ------ --- - ------ - 09/n7 9,274.48 09/10 1,856. 81 09/11 1,821.81 09112 1,625 .81 091113 960.9: 09/14 3,96. 72 09/17 3,576.72 09/18 4,053 .72 09/19 3,934.72 09/21 3,?35. 85 09/24 1,483.57 09/25 7,022 .02 09;'6 5,682.19 09/23 17,04. 07 10/01 2,154.98 10/02 2,024 .98 1C%C, 1,,24.98 10/05 1,6=7. 86 i BERNARD W GIRMAN JR 11"J7/07 BETH A GIRMAN 3707 FAL?'STONE CRIVE h1ECHANiCSBGRG PA 17050 0921 --- 3C CYC-E-021 CHECKING I" TOTALLY FREE Cb:ING ,-:COUNT NUMBER 921 PREVIOUS STATEMENT BALANCE AS OF 10/05/07 ........................ 1,687.86 PL JS 4 DEPOSITS AND O_7-;_R CREDITS ................... 12,992.81 LESS 40 CHECKS AND OTHER DEBITS ...................... 14,25.25 C'.'RRENT STATEMENT BALANCE AS OF 11/07;107 ......................... 428.42 NUMBER OF DAYS IN THIS STATEMEc47 PERIOD 33 ------------------------------- CHECK TRANSACTION; ------------- ------- ------------ SERIAL GATE AMOUNT SERIAL DATE AMOUNT ' 4921 10!25 20.00 4971 11!01 52.00 4942" 10/12 10.00 4973` 10/26 80.00 ' 4951' 1&/'10 - 1L.55 4974 11"C'2 100.00 4952 iC ?"12 128.53 4975 10/23 300.00 4956" it"ll 35.00 4976 10/30 2,005.69 4957 10,-11 60.00 4977 101,30 1,974.18 4958 400.&0 49,78 11_,05 65.00 4959 1C; 19 526.52 4979 10;3 2--1.25 4910 10,'19 588.3i 4980 10130 3,733.92 4961 10"16 27.95 4981 10/30 50.67 4962 10/16 109.88 4982 10131 25.00 4963 10116 91.21 4983 10/29 50.00 4964 10/30 559.36 4965" 11/05 44.24 4965 10;17 127.1? 4986 ll/C6 93.80 4966 lo" 16 493.27 4987 11, 102 1,532.00 4967 10jl, 100.00 4988 11%05 200.00 4968 101/26 43.00 4939 11106 9.80 4969 10/18 70.00 4990 11/06 28.95 4970 11;07 '30.00 4991 11/05 50.00 - - ------------------- - - - CHECKING ACCOUNT TRANSACTIGNS """ ------------ ------------------- DATE DESCRIPTION DEBITS CREDITS 10/09 XFER FROM ACCT CK-000513031468 360.00 10/12 AC-ST. JUDE MEDICAL-PR PAYMENT 2,164.80 10;16 AC-VERIZON ARC -CHECK PYMT 27.95 CK-00004961 10/18 AC-FIA CARDSERVICES-CHECK PY14T 493.27 CK-00004966 10%19 AC-CHASE AUTO -CHECK PYMT 526.52 CK-00004959 '0;'19 AC-CHASE AUTO -CHECK PYMT 568.31 CK-00004960 10/25 AC-ST. DUDE MEDICAL-PR PAYMENT 1,669.26 LO/26 AC-ST. DUDE MEDICAL-PR PAYMENT 8,798,75 1D/26 W`7HDRL DDA 1090 10"26 08:08 150.00 - 742 WERIZVILLE RD PNOLA PA 10/30 AC-AT8.T CONSUMER -CHECKPAYM T 21.25 CK-00004979 1Q.'70 AC-UGI UTILITIES -LTIL PMT CK-O'JO-4981 50.67 10/3C AC-WFHM MORTGAGE -CHECKPA.cMT 2,005.69 CK-00004976 10/30 AC-FIA CARDSERVICES-CHECK PYMT 3,733.92 CK-00004980 11/05 WTHDRL DDA 3091 11/05 09:35 100.00 742 WERTZV ".LE RD ENOLA PA PAGE 2 BERNARD W GIRMAN JR --- 11/07/07 BETH A GIRMAN 3707 FALKSTONE DRI'JE MECHANICSBUR.G PA 17050 W0921 30 CYC! E-021 ----- - ------ BALANCE BY -- DATE - -------- ------- ---------- - --- --------- -------- ---- 10/ C 1,687. 86 10/09 1,647.86 10/10 1,532 .31 10/11 1,437 .31 10/12 3,463. 58 10/15 3,363.58 10/16 3,134 .54 10117 3,00? .37 1C/18 2,444. 10 10/19 1,329.27 10/23 1,029 .27 10/25 1,009 .27 1-/26 11,204. 28 10/29 11,154.28 10/30 2,809. 21 10131 2,784 .21 11/02 1,152. 21 11/05 1592.97 11/06 560. 42 11,/07 428 .42 EFF ECTIVE JANUARY 1, 2008 RESULTS OF AN ELECTRONIC TRANSFER INVEST IGATION WILL BE PROVIDED WITHIN THREE B USINESS DAYS. p BERNARD W GIRMAN 3R --- --- ';09i0g EETH A GIRMAN --- - - 729 15TH ST NEW CUMBERLAND PA. 17-.0 w921 CYCLE-021 CHECKING "10TAALLY FREE -KING =COUNT NUMBER 41001OW921 R<EVIOUS STATEMENT BALANCE AS OF 06/05/03 . ............... ........ 'a.95 ?LUS 3 DEPOSITS AND OTHER CREDITS .............. ..... 4,6`1.05 LESS 4 CHECKS AND OTHER DEBITS .. ............... ..... 4,6,0.00 CURRENT STATEMENT BALANCE AS OF 07/09/08 .. ............... ........ .00 NUMBER OF DAYS IN THIS STATEMENT PERIOD 34 ---------------------- '- CHECKING ACCOUNT TRANSACTIONS --------------- ------------- ------ -- - ?,TE - DESCRIPTION DEBITS CREDITS Co/06 RETUR'1ED ACH ITEM 2,301.70 06j06 A.C-BK OF AME.R VI/MC-ONLINE PMT 2,301.00 06%09 NSF FEE 37.00 Ch,'ll RETURNED ACH ITEM 2,301.00 C6i11 AC-BK OF RJ4ER VI/MC-ONLINE PMT 2,301.00 0.6/12 NSF FEE 37..00 06/23 PYNT ON OD ACCT 49.CS --- ---------- E. ALANCE B" DATE °.< 0,"05 24. 35 06/09 12.05- 06112 49.05- 06/23 GO BERNARD W GIRMAN JR --- --- G3;1O3/03 BETH A GIRMAN --- 729 -H ST NE,Y CUMBERLAND P? 17070 921 CYCLE-021 "`" CHECKING OTA":.'Y FREE CKING NUMBER 921 -';EVIOUS STATEMENT BALANCE AS OF 07/09.'03 ........................ .00 PLUS 0 DEPOSITS AND OTHER CREDITS ................... .00 LESS 0 CHECKS AND OTHER DEBITS ...................... .00 Cll,^.RENT STATEMENT BALANCE AS OF 03,03;'03 .00 NUMBER OF DAYS IN THIS .TATEMENT PERIOD 30 BALANCE BY DATE C,'./G 9 .00 BE-NARD J AIRMAN JR --- --- 09/09/08 BE -H A GIR'.'AAN -- 723 15TH ST NE,v CUMBERLAND PA 1-070 0321 "" CIECKIN6 - TOTALLY FREE CkING CLOSED AC'_OUNT NUMBER 921 PRE'JIOGS STATEMEN BALANCE AS OF 09108,1108 ........................ .00 PLJS 0 DEPOSIT` AND OTHER CREDITS ................... ,00 LESS C CHECKS AND OTHER DEBITS ...................... -liM1 <ENT STATEMENT BALANCE AS OF 09/09r'OB ......................... NOh; .20 SER OF DAYS IN THIS STATEMENT PERIOD 32 -- ----- BALANCE BY DATE 0?,r'OB .OC XHIBIT E #9 BERNARD W GIRMA'J 3R BETH A GIRMAN 3707 FA'-KSTONE DRIVE ME,7HANICSBURG P4 2'050 -- --- 10/31/0% 5744 CYCLE -052 SAVINGS """ PREMIER SAVINGS BEGINNING RATE 0.9 9500 ACCOUNT NUMBER 574e PREVICUS STATEMENT-BALANCE AS OF 09/30/07 .......... .............. 20,301 .11 PLUS 3 DEPOSITS AND OT HER CREDITS ........ ........... 9,535 .14 LESS 0 WITHDRAWALS AND OTHER DEBITS ..... ........... OD CURRENT STATEMENT BALANCE AS OP 10/31,/07 ........... .............. 29,336 .25 NUMBER OF DAYS IN THIS STATE,ME"!T PERIOD 31 -- ------------------------------------ ""• SAVINGS ACCOUNT TRANSACTIONS DATE CESCRIPTION lC;'D1 XFER FROM ACCT CK-000032080921 10/05 DEPOSIT 10,'31 INTE?EST PA'rMENT ----------------------------------- DEBITS CREDITS 9,000,n0 sl0.oo 25.14 - ------- PA.LANCE BY DATE - 09/30 20,301.1: IC,,,,-I 25,301.11 1o/OS 29,811.11 10131 29,536.2` PAYER FEDERAL ID NUMBER _3-2324730 INTEREST PAID YEAR TO DATE 254.61 -------------._^------------------ - - INTEREST EARNED THIS STATEMENT PERIOD ""* DA'rS IN PERIOD ......................... . 31 INTEREST EARNED 25.14 ANNUAL PERCENTAGE YIELD EARNED (AP ).... 1_00.'£ ----------------------------------------------------- BERNARD W GIRMAN JR 01;31,;05 BETH A GIRN1.4N --- 729 15TH ST NEW CUMBERLAND PA 1?D70 M5744 =LOSED SAVINGS "°` PREMIER SAVINGS BEGINNING RATE 0.99500 ACS=OLNT NUMBER jlNjW5-44 PRE"diOUS STAT=MENT BALANCE AS OF 12,11/07 ........................ .00 PLUS DEPOSITS AND 07"HER CREDITS ................... DO LESS WITHDRAWALS AND JTHER. DEBITS ................ .00 =-JRRENT STATEN' - BALANCE AS OF O1%J1l 08 ......................... .00 NUMBER OF DAY`,- iN THIS STATEMENT PERIOD 31 ------------------------ - BALANCE BY CATE L"J,1 .00 PAY=R FEDERAL ID NUMBER 23-2324730 INTEREST PAID YEAR TO CATE .00 EFFE--TIVE: JANUARY 1, 2008 - IF YOUR BANK CHECK CARD OR ATM CARD IS INACTIVE FOR ONE YEAR THE CARD WILL BE CLOSED. EXHIBIT #10 KNIGHTS OF COLUMBUS Certificate Owner Report Printed On: August 24, 2010 Insured: Girman Bernard Plan Name: Whole Life Face Amount: 100,000.00 Last event(s) as of: Values as of Last Anniversary: CASH VALUES TO DATE Policy #: OW952 Issue Date: 03/25/2004 06/20/2010 PREM PAID 03/25/2010 You will be interested to know that this certificate has accumulated Cash Value of ............................................................................................. $ 5,578.00 If your dividends are being left with the Order to accumulate, your Dividend values are.......... ................................:......................................... $ 0.00 If your dividends are being left with the Order to purchase Paid-Up Additions, you have Paid-Up Additions of $ 2,375.85, with a Cash Value of ................................................................................... $ 761.97 This adds up to a total of,... .......................................................................... $ 6,339.97. Any loan oustanding against this certificate ............................................ $ OFT- e,As N VALUE THIS YEAR'S SUMMARY (excluding loans) of ?l! ?? ! N SUIE'?}N C? The annual premium for this certificate is ................................................ $ (this includes premiums for any riders on the certificate) The annual increase in Cash Value credited was ......................................... $ The annual dividend for the year was ........................................................ $ Adding the annual increase in Values and subtracting them from the Annual Premium for the year* .................................................................... $ 3,545.96 03713-17 1,657.20 1,495.00 188.17 25.97 Field Agent The figures shown above do not include any payments which may have been made after the above date, nor any credits given by the Order since the last anniversary of this certificate. • Time value of money not calculated. Page I of I E,xHIBIT #11 Plan Name: Whole Life KNIGHTS OF COLUMBUS Certificate Owner Report Printed On: August 24, 2010 Insured: Girman Bernard Policy #: 1603 JeFace Amount: 100,000.00 Issue Date: 03/18/1999 Last event(s) as of 06/20/2010 PREM PAID Values as of Last Anniversary: 03/18/2010 CASH VALUES TO DATE You will be interested to know that this certificate has accumulated Cash Value cf ................................................................................:............ $ 11,118.00 If your dividends are being left with the Order to accumulate, your Dividend values are .................................................................................... $ 0.00 If your dividends are being left with the Order to purchase Paid-Up Additions, you have .YPaid-Up Additions of $ 10,139.20, with a Cash Value of ................................................................................... $ 3,251.78 This adds up to a total of............. ................................................................. $ 14,369.78 .,-Any loan oustanding against this certificate ............................................ $ 2,887.22 THIS YEAR'S SUMMARY (excluding loans) The annual premium for this certificate is ................................................ $ 1,349.20 (this includes premiums for any riders on the certificate) V The annual increase in Cash Value credited was ......................................... $ 1,407.00 The annuar dividend for the year was ........................................................ $ 497.75 Adding the annual increase in Values and subtracting them from the Annual Premium for the year* .................................................................... $ 555.55 Field Agent The figures shown above do not include any payments which may have been made after the above date, nor any credits given by the Order since the last anniversary of this certificate. • Time value of money not calculated Page 1 of 1 EXHIBIT #12 Plan Name: Whole Life Face Amount: 50,000.00 Last event(s) as of: Values as of Last Anniversary: KNIGHTS OF COLUMBUS Certificate Owner Report Printed On: August 24, 2010 Insured: Girman Beth Policy #: M1093 Issue Date: 03/18/2004 06/20/2010 OWNER ZIP CODE 03/18/2010 rCASH VALUES TO DATE You will be interested to know that this certificate has accumulated Cash Value of .:........................................................................................... $ If your dividends are being left with the Order to accumulate, your Dividend values are ................................................................ ................ $ If your dividends are being left with the Order to purchase Paid-Up Additions, you have Paid-Up Additions of $ 848.97, with a Cash Value of ................................................................................... $ This adds up to a total of ............................................................................. $ y-Any loan oustanding against this certificate ............................................ $ Ne` CASH VALt,F- THIS YEAR'S SUMMARY (excluding loans) /,)F7- 1.0,5v AAkL The annual premium for this certificate is ................................................ $ (this includes premiums for any riders on the certificate) The annual increase in Cash Value credited was ......................................... The annual dividend for the year was ........................................................ $ Adding the annual increase in Values and subtracting them from the Annual Premium for 2,195.00 0.00 236.94 2,431.94 1,573.28 9 5'?, 6? y 735.20 618.00 60.31 the year* .................................................................... $ -56.89 Field Agent The figures shown above do not include any payments which may have been made after the above date, nor any credits given by the Order since the last anniversary of this certificate. • Time value of money not calculated. Page 1 of 1 EXHIBIT #13 7;xp'oi - ec Zefa "vague - Kelley 8'ue Book http:%/ww?,v.'cbb.com/kbb/UsedCars; ?'r?cingReport.aspY?Action=&4'lod... V.I,-! Kelley Blue Book Ir '?MI?r THFTRIISTED REiQURfE -- tuu corn Send to Printer t 1'k r_.F 2002 Ford Explorer Sport Utility 4D BLJt C ?t ;c 1E_1 kEIA1_'iI"t J'_ Condition Value > Excellent $11,225 (Selected) Suggested Retail Value Assumes Excellent Condition... More Vehicle Highlights Mileage: 60,00() Engine: Vo 4.0 Liter TransmissAutomatic Drivetrain: 4-WD Selected Equipment Standard AJr C?nd tun,n-,g Till Wheel ABS i4-Whuei) Power Cruise Control Roef Rack Pova e!r 'vdirn 2e-?s Ar'1/FM Stereo Privacy Glass Power 11-1 . Diial ;-rent Air Bags Optional Third Scat i eatfler Running Boards Limit-=d Power Seat Towing Pkg Premi"inn ,N;1-,eels Slue Book Suggested Retail Value Kelley Blue tsoak Suggested Retail Value is representative of dealers' asking prices for a used car, a:id tl e starting point for negotiation between a consumer and a dealer. This Suggested Ratai Value assumes that the vehicle has been fully reconditioned and has a clean title !fr h:;ry, but has not been certified in accordance with any Certified Pre-Owned (CPO) prc, r-irn the autornaker may offer (for which it may or may not qualify, according to factors such as vehicle age and mileage). This value also takes into account the dealers' profit, costs rot advertising, sales commissions and other costs of doing business. T,.e final sale price will likely be less depending on the vehicle's actual condition, popularity, type of warranty offered and local market conditions. Vehicle Condition Ratings ExcE"ant (Selected) $11,225 -,ks new, is in excellent mechanical condition and needs no rid it io ning. P1e.:er had any paint or body work and is free of rust. • Clean title history and will pass a smog and safety inspection. • En,iine compartment is clean, with no fluid leaks and is tree of any wear or visible defects. Coriplete and verifiable service records. Less th -a 5% of all used vehicles fall into this category. * Pennsylr, c r -111;6/2010 WHILE YOU'RE HERE Check Out i II N::7rv and imptovt?rl U';cd Car list'm ou u C nu; ht find a df_.A th,'It's ton good to p..>. ui3. Ciose V,ndow of 2 4/8/2010 5:46 PM EXHIBIT #14 OWNS Kelley Blue Book ?. THE TRUSTED RESOURCE '... _.. khb,car? advertisement 2006 MINI Cooper S Hatchback 2D BLUE BOOK' SUIGGESTE RETAIL VALUE Condition Value Excellent $20,755 (Selected) Suggested Retail Value Assumes Excellent Condition... More Vehicle Highlights Mileage: 35,000 Engine: 4-Cyl. Supercharged Transmission: Automatic Drivetrain: FWD Selected Equipment Standard Air Conditioning Tilt Wheel Power Steering AM/FM Stereo Power Windows Single Compact Disc Power Door Locks Dual Front Air Baqs Front Side Air Bags ABS (4-Wheel) Traction Control Rear Sooiler Optional Cruise Control Power Seat Premium Wheels Leather Panorama Roof Blue Book Suggested Retail Value Kelley Blue Book Suggested Retail Value is representative of dealers' asking prices for a used car, and the starting point for negotiation between a consumer and a dealer. This Suggested Retail Value assumes that the vehicle has been fully reconditioned and has a clean title history, but has not been certi iced in accordance with any Certified Pre-Owned (CPO) program the automaker may offer (for which it may or may not qualify, according to factors such as vehicle age and mileage). This value also takes into account the dealers' profit, costs for advertising, sales commissions and other costs of doing business. The final sale price will likely be less depending on the vehicle's actual condition, popularity, type of warranty offered and local market conditions. Vehicle Condition Ratings Excellent (Selected) $20,755 • Looks new, is in excellent mechanical condition and needs no reconditioning. • Never had any paint or body work and is free of rust. • Clean title history and will pass a smog and safety inspection. • Engine compartment is clean, with no fluid leaks and is free of any wear or visible defects. • Complete and verifiable service records. Send to Printer - "I advertisement Close Window EXHIBI'T' #15 NHB` i Vehicle Pricing & Information `'GUIDES 4t*ADAguldes.com 1/11/2010 s«a rvxa Passenger Car 1960 Chevrolet Impala 4 Door Hardtop Sport Sedan Note: FOR CALLAWAY CORVETTES, PLEASE SEE "CALLAWAY CARS INC". PRICING Original MSRP: $2,769 Low Retail Average Retail Value High Retail Base Price $7,675 $12,450 $21,000 Options 348 V8 Engine 35% 35% 35% TOTAL PRICE $10,361 $16,808 $28,350 Low Retail Value This vehicle would be in mechanically functional condition, needing only minor reconditioning. The exterior paint, trim, and interior would show normal wear, needing only minor reconditioning. May also be a deteriorated restoration or a very poor amateur restoration. Most usable "as-is". So;ne of the vehicles in this publication could be considered "Daily Drivers" and are not valued as a classic vehicle. When determining a va!ue for a daily driver, it is recommended that the subscriber use the low retail value. Note: This value does not represent a "parts car". Average Retail Value This vehicle would be in good condition overall. It could be an older restoration or a well- maintained original vehicle. Completely operable. T he exterior paint, trial, and mechanics are presentable and serviceable inside and out. A "20-footer". High Retail Value This vehicle would be in excellent condition overall. It could be a completely restored or an extremely well maintained original vehicle showing very minimal wear. The exterior paint, trim, and mechanics are not in need of reconditioning. The interior would be in excellent condition. Note: This value does not represent a "100 Point" or "# 1" vehicle *. * "100 Point" or "# 1" vehicle is not driven. It would generally be in a museum or transported in an enclosed trailer to concourse judging and car shows. This type of car would be stored in a climate-regulated facility. AutcrTradcr ©Copyright 2009 NADAguides.com. All Rights Reserved EXHIBIT #16 A At IM Kelley Blue Book THE TRUSTED RESOURCE _ _.: ki'rb.cam advertisement 2007 Ford F150 SuperCrew 6 1/2' SLUE BCH SUE,-15ESTE RETAIL VALUE Condition Value Excellent $21,460 (Selected) Suggested Retail Value Assumes Excellent Condition... More Vehicle Highlights Mileage: 78,000 Engine: V8 5.4 Liter , Transmission: Automatic Drivetrain: 4WD Selected Equipment Standard Air Conditioning Tilt Wheel Dual Front Air Bags Power Steering Cruise Control ABS (4-Wheel) Power Windows AM/FM Stereo Power Door Locks Single Compact Disc Optional FX4 Running Boards Premium Wheels Power Seat Towing Pkg Ovrsize Off-Rd Tires Blue Book Suggested Retail Value Kelley Blue Book Suggested Retail Value is representative of dealers' asking prices for a used car, and the starting point for negotiation between a consumer and a dealer. This Suggested Retail Value assumes that the vehicle has been fully reconditioned and has a clean title history, but has not been certified in accordance with any Certified Pre-Owned (CPO) program the automaker may offer (for which it may or may not qualify, according to factors such as vehicle age and mileage). This value also takes into account the dealers' profit, costs for advertising, sales commissions and other costs of doing business. The final sale price will likely be less depending on the vehicle's actual condition, popularity, type of warranty offered and local market conditions. Vehicle Condition Ratings Excellent (Selected) $ 21,460 • Looks new, is in excellent mechanical condition and needs no reconditioning. • Never had any paint or body work and is free of rust. • Clean title history and will pass a smog and safety inspection. • Engine compartment is clean, with no fluid leaks and is free of any wear or visible defects. • Complete and verifiable service records. Send to Printer advertisement 11-1 Close Window EXHIBIT #17 ?.. ° ._ u :VC,P 7 p .j ije .t ?? .?,v.'_?p.CG77dL]OtGCCyC e'rti?tt f)l'IJ'«WaSa,o/x:600 I-tuna ?i a dley alit' Hook ??? 1 +r IK?SlN d.FS31_KCt Houle New Cars Cerxif led Pre-Owned Used Cars Research Reviews & Yews Dealers & Inventory Used Cars For Sale Welcome Sacx __... '... ZIP Cede: Home > Motorcycle Values > Motorcjtde ? 2000 > Kawasaki > ZX600-11 Ninja ZX-6R 2000 Kawasaki ZX600-31 Ninja ZX-611 Value August 24, 2010 4-Cylinders 4-Stroke 600cc Suggested Retail Value $2565 The Kelley Blue Book Suggested Retail Value is representative of dealers' 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 fully reconditioned and is in excellent condition. Milea elcondrion- and additional eguipmei_t 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 will likely be less depending on the unit's actual condition, popularity, type of warranty offered and local market conditions. 4 [YT ay V f [ j;f a GET YOUR CREDIT SCORE NOW Copyright © 2010 by Kelley Blue Book Co_ Al Rights Reserved. 51112010-8 /31/2010 Edition. The informa0on in this report is intended forthe personal use of the customer only and may not be sold or transmitted to another party. We assume no responsibility for enors or omissions. advertisement On KBB.com Home New Cars Certified Pre-Owned Used Cars Research Reviews & News Dealers Used Cars For Sale Loans & Insurance KBB?v Green KBBSM Mobile Motorcycles Featuring ' •..•. " , S;,,, Nev; Car- for Sale 1.1-d Ca- _ s,, f•,d< <r ?, -. . Cre _ _ r D s r "?- .. About KBB I.eo::r Ls _r ',act Is `_a.ee < Fr,Q s?Ca :.c !eirg uG _ ._ Co,:: > trade a.., _ .. e, C 1995-2010 Kelley Blue flock Co., inc. c;u rles Latest Car News Shopping Tools a Pve.. - .... _._ soyrn-i.,ic.. - -- `Jfi 8/24/2010 9•07 AN BIB #1g SUBJECT TO APPROVAL BY MANAGER Market Street a `Pielfth _emore, Pa 17043 Fax (717) 761-3951 ` ?.ES ' BIDS SERIAL ;UST. ? DATE C ?,DDRE=£ ZIP CODE I ENTER M CRDER -0R MAKE Iv10DEL -11- rnI nR STOCK NO. BASE PRICE OF VEI-11 CCE 1 t--- ? - EXTD SEaVICE PLAN '-'ES NC X - NATURE SIG TOTAL ACCESSORIES - TRANSPORTATION TOTAL REBATE REBATE REBATE REBATE Trade-ln Year Make Model Color Serial No. Stock No. Title No. License No. Expires ALLOWANCE Trade .n Year Make Model color Serial :ito. Stcck.No. Title No. License No. Exp ires ALLOWANCE • • Sub-Total - Penna. Sales Tax .. .-. s _._ INS co Tire Tax --iGENT PHONE Documentary Fee ADDRESS -_ Notary Fee Balance Owing On Trade To LICENSE # ..'LIEN FEES $ TRANSFER # TI TLE $ TEMP. TAGS .$ WARRANTY INFORMATION Online Title & Registration Fee i E] FACTORY WARRANTY - The factory warranty constitutes all of the warranties with respect to the sale of Online Dealer Service Fee - ris ltemlitems The seller hereby expressly disclaims all warranties, either expressed or implied including - y implied warrant.: ^ erchantsblllty -or fit. ._. particular purpose, and the seller neither ass..m.ee ' nor authorizes any other person to assume for it any liability in connection with the sale of this item/items. TOTAL I USED CAR WARRANTY - Used car is covered oy a limited warranty detailed in a separate document. T AS IS - This motor vehicle is sold "AS IS" without any warranty either expressed or implied. The RECEIP NO.: curchaser will bear the entire expense of repairing or correcting any defect that presently exists or that RECEIPT NO.' $ may occur in the vehicle. i BALANCE DUE: PURCHASER'S UNPAID BALANCE OF CASH PRICE SIGNATURE X USED CAR CONTRACTUAL DISCLOSURE STATEMENT CREDIT LIFE THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS FINANCE CHARGE ? PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. TOTAL OF PAYMENTS ODOMETER • • DEFERRED PAYMENT PRICE Federal regulations require you to state the odometer mileage upon transfer of ownership. An ANNUAL PERCENTAGE RATE inaccurate statement may make you liable for damages to your transferee, pursuant to section 409(a) of t,`a Motor Vehicle Information and Cost Savings Act of 2072 Pubic Law 93-523 as amended by OFFICE USE ONLY , , Pubiic Law 04-474. hereby state that the odometer ileage indicated on the vehicle sold at the time of transfer. CHARGES IN,ON. 77 TO BE REPAID TO IN MONTHLY 1 _ Miles 2. Total Mileage Unknown INSTALLIbIENTS OF S _ EACH ON THE DAY OF 3. _.,. Total Cumulative Miles Known to Be over 100.000 THE MONTH BEGINNING _ 20 - Customer agrees that this order includes all of the terns and conditions on both the face and rerersc FOR L.B. SMITH FORD, INC. side hereof. that this order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject SALFSMIAN - - matters cov?;red herebv. Th s order shall not become binding until accepted by the dealer or his authorized representative. You, the customer may cancel this contract and receive a full refund L. B. SMITH FORD, INC. APPROtiED any time before receipt of a copy of this contact stored by an authorized dealer representative by THIS ORDER lS NOT ?,ALID UNLESS SIGNED AS .ACCEPTED HERE giving written notice of cancellation to the dealer. Customer by his execution of this order BY acknovdedgNs :hat he has read its terms and conditi and has received a true co n of this de .®o o s py or r. ? CUSTOMER SiGNS X - - CREDIT APPROVED ? - - - CO-SIGNER SIGNS X A13AMN n ,•,,,, .,?.,,.. EXHIBIT #22 y, ',D 9 w' ro m, 0 R A l i co 1 % Ox t W w A 0 0 7 1 ° N ao ? r ^ d ` w cr, I • m '? 0 V t q I ? I I In It Ia y3 I? I? s s I I Iq 1 ? m ;n ; iO ?-n I i to s ; 1 I 1 1 I 1 I z pp -? 1 s '?• ?'I c• ° m 4 m m .S rt -0 WM z 03 C ID i ]GG C C-Pj y, D'#z w m A A? ° $ pa ;I ? o ? ? a'$alw 3, 3 m? Ai ? C .n ^? m N N ? I T ? O NI W ?`. C ' I n fI ,? Nm D I1 m ? W 3'Ia; k N CriC .. r N T A N 3 c ?tP ?^ '13 p O "'j q 0 phi ? CP c C 7 N A W -?Oz -I an C.0 -o ill m C r m V-0 m ymG ?j a N n ,AD j t- rr a ?'r a j Ln e n a y S7 m CL r I? A 0 0 % p a` t m ,A m w ? o K ?a N N CL 7- u C w i i EXHIBIT #23 F 0 C t ro ? ? ?3 C1 tr? ov C?? C?t?i 3tn?t 7 G?ro? v c??CG]G n[n?x 3C? m C C nn? 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C ?'i NN 4H w w Q0 U1 N lD O Q1 u n i N H rA ? 'J w a1.D? \,D In C (T1 N U • U W 01 J w w o mwpyi Li cn k w 1 (D m wrn H? (D ¢1 R O rt L7 (D (D U O ro? `.3' U1 ? N n 0 (D ~?5' ((DD zap ?ma O r; Y- Y- .. a v1 ?d w Y- H !L H N Ul ,? U w n awn ° c Ol H w (n p n ? w N C IA C t? ro m n w m rt 41 a rr n r') O (D Y- S-r n o m morr a 3 Ut O Y- .. (D O ?l o0 rt m 9) m \ \ O - o o rn N N trJ N N Q1 ro Pik C) C) K ?m(D rrN d ? O O Y - Cr Cr lQ Y- O m 3 O ?::I O A hi m Ql O M N t? a \ m N Q O H n O rt Y- O O O O J ?j CD EXHIBIT #26 FEDERAL TRUTH N LENDING DISCLOSURE STATEMENT Date: 05/10/2010 Creditor: Trinity High School - Camp Hill Account M86-01 Payer: Plan Amount: $ 6,190.00 Bernard Girman 121 S 27th Street Camp Hill, PA 17011 ANNUAL PERCENTAGE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS RATE The cost of your credit as a The dollar amount the The amount of credit The amount you will have paid yearly rate. credit will cost you. provided to you or on your after you have made all behalf. payments as scheduled. 2.32 %(e) $30.00 (e) $6,190.00 (e) $6,220.00 (e) Your payment schedule will be: *(e) means an estimate Number of Payments Amount of Payments Payments are Due Monthly Commencing 7? 4 (e) $1,547.50(e) 07/01/2010(e) ;.,ate Charge: If a payment is late, you will be charged $40.00. Prepayment: If you pay off early, you will not have to pay a penalty. See your contract documents for additional information about non-payment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. Itemization of the Amount $6,190.00 $30.00 Amount paid to your account: Prepaid Finance Charge Paid to Tuition Management Systems: (The Prepaid Finance Charge is included in your payment plan enrollment fee.) EXHIBIT #3? Page: 1 Document Name: Untitled ?oxv Zw 6 0 ABBA CURRENT STUDENT SEMESTER BILL ID: M7109 NA1iE: GIRMAN, BERNARD RES MAJR: CAEDU DEG: NODEG CLS: FR COLL: CA CAMP: CL GTF: PT: N PT AID CR: 0.00 BILL CR: 0.00 CR: 0.00 FT: Y CLS 082310 PYMT SEMESTER BILL 2251.66- ST 603/903: 082310 FEE DEFERMENT 45.00 ST TOTAL 08/23/10 14:56:45 PA STAT: SCHED DUE DATE: 08/20/10 02 CUM CR: 22.00 P HD: AID EST TUITION 6206.00 INFO. TECHNOLOGY FEE 236.00 ACTIVITY FEE 74.00 FACILITIES FEE 104.00 MISCELLANEOUS CHARGES EST BOARD CHARGE EST ROOM CHARGE LESS EST AID TOTAL EST SAL 6620.00 CURRENT BA.L 2206.66- NET PAYABLE 4413.34 ACTIN S ID: 7109 SEM: FA10 E-MAIL AFJV=PF5 ABAN=PF6 ABAS=PF7 ABBH=PF8 **A2FEPA - STUDENT ALREADY FILED EST BILL 4-© _ A A 128.118.109.3 TCPS1497 23/8 Name: kaa165 - Date: 8/23/2010 Time: 2:56:00 PM EXHIBIT #31 Customer Copy Box No 441-F10-PCK-,909 Order No 11639819 Placed On 23-Jul-2010 Invoice Date 09-Aug-2010 Sold To Ship To Ship from Bernard Glrman Bernard Glrman " Stripping Method Store Pickup` Penn State Flarrlsburg Bookstore P orje (717)599 1408"f Mkup?4o?ahon:At Si re .; 777 W. Harrisburg pike E Mail. bgirr7ianlrPaol;corri. A71 tllet'OwtS, PA -77 57; US E M +I:SN1441 9bncollege,0cm Website http://psuharrisburg.bncolle e.com y Your Order Phone: (71)948 6186 Item # Description Price QTY discount + Total 1 FINITE MATH.:APPLIED APPROACH, Used $125.00 1 $0.00 $125.00 2 WORLDSOF MUSIC-W/4 CDS, New $787;65 1 $0.00, $187.65 Sub-total $312.65 + Shipping $0.00 + Tax $0.00 Total Amount 2 Item(s) " $312.65 2 Processed Payments Payment Type" Account No. Date Amount Pay Pal XXXXXXXXXXXXXXX533W 09-Aug-2010 $312.65 Total Payments Processed $312.64 Order Total $312.65 Outstanding balance $0.00 3 Backordered and Pending Item #Deseriptlon 1 FALL 2010, ANTH , 146, 1 -, 2' FALL 2010, ART 003 ;'1 Questions about your order? For fastest service, refer to your Box Number (see top of page) when contacting the bookstore. Details about our Return and Exchange policies are on the bookstore's website. We look forward to serving you again soon. Price QTY Total $0.00 1 $0.00 $0.00 1 $0 00 Sub-total $0.00 + Shipping $0.00 + Tax $0.00 Total Amount 2lteln(s) $0.00 SHOP ONLINE with your bookstore website. We are the headquarters for textbooks, college gear, school supplies and gifts. Be sure to sign up for emails to find out about special offers Page 1 oft IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3842 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Bernard W. Girman, Jr., Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Pretrial Statement Pursuant to Pa.R.C.P. 1920.33(b) was served upon Beth A. Girman, Defendant, via Federal Express, on August 26, 2010, addressed as follows: Beth A. Girman 3707 Falkstone Drive Mechanicsburg, PA 17050 Date: ???a ??O ( d - r es ey . B am, Esquire HO T, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Ginnan, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., Plaintiff ) NO. 2008-3482 M V. =M M 4_1 _rM 73 BETH A. GIRMAN, ) CIVIL ACTION - LAW Cnp ! ° -- Defendant ) IN DIVORCE v - --? ca 6 ? -n PLAINTIFF'S PETITION FOR BIFURCATION AND NOW, comes Plaintiff, Bernard W. Girman, Jr., by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Petition for Bifurcation and in support thereof avers as follows: 1. Petitioner is Bernard W. Girman, Jr. ("Husband"), Plaintiff in the above- captioned divorce action. 2. Respondent is Beth A. Ginnan ("Wife"), Defendant in the above- captioned divorce action. 3. Husband and Wife married on December 2, 1993, and are the parents of one unemancipated minor child, Brooks Christian Girman, who is 16 years of age. Wife has one adult son from her prior marriage to Leslie Robertson, which marriage lasted from approximately 1985 to 1992; Husband has three emancipated children from his prior marriage to Dora Arroyo, which marriage lasted from 1986 until 1993. 4. The parties separated on or about October 15, 2007 and have lived separate and apart since that time. 5. Husband, who was laid off in March, has enrolled in school to achieve his Bachelors Degree, and is working part-time for an auctioneer to supplement his income and support his minor child, believes the marital estate to be worth approximately $530,555. Wife currently maintains control and custody of assets with an aggregate tax-effected value of $346,134, over 65% of the marital estate, including occupancy and sole title of the marital residence, which has over $250,000 in equity. 6. On June 9, 2008, Husband initiated the above-captioned action by filing a complaint for no-fault divorce, premised upon irretrievable breakdown, and equitable distribution of marital property. 7. On February 11, 2010, Husband filed his affidavit pursuant to Section 3301(d) of the Divorce Code, in which he averred the parties had lived separate and apart in excess of two years and that the marriage was, in fact, irretrievably broken. 8. Wife has not filed a counter-affidavit under Section 3301(d) of the Divorce Code. 9. Wife has appeared in this action pro se, but retained John M. Kerr, Esquire, as counsel in September, who has not entered his appearance but has purported to represent Wife in her divorce matter. 10. Pursuant to Section 3323(c.1) of the Divorce Code, a court may enter a bifurcated divorce decree absent the consent of both parties if divorce grounds have been established, the moving party demonstrates compelling circumstances for entry of the divorce decree and sufficient economic protections can be provided for the non-moving party pending the disposition of the economic issues. 5 11. According to Section 3323(g) of the Divorce Code, in an action under Section 3301(d) of the Divorce Code, divorce grounds are established where, as here, an affidavit has been filed and no counter-affidavit has been filed.' 12. Husband and Wife, in anticipation of the parties' divorce, procured a form over the Internet and, without full disclosure, the advice of counsel, and with the misrepresentation of Wife as to the extent of her separate estate, signed a form purporting to distribute certain of the parties' assets and debts, and to provide for the payment of support. This form did not address all of the marital property, nor did it equitably divide the estate; Husband does not admit or acknowledge this form as a binding Marital Settlement Agreement.2 13. Wife only finally raised contention that this form was a binding Marital Settlement Agreement at the pretrial conference before Divorce Master Robert E. Elicker on September 3, 2010. Wife did not contend that there was a binding agreement at any of the multiple support conferences, at the support hearing de novo, in her pretrial statement, when she retained Attorney Carol Lindsay to draft a proposed marital settlement agreement, or at any point 'Even if Wife were to suddenly decide to file a counter-affidavit, nine months after Husband filed his affidavit, grounds exist for a divorce under Section 3301(d) of the Divorce Code where the court determines that the marriage is irretrievably broken and the parties have lived separate and apart for at least two years at the time of the filing of the affidavit. At the time of this filing, the parties have lived separate and apart for over three years, the divorce complaint has been active for almost two and a half years, the parties have not resumed cohabitation since October of 2007, are not going to counseling, and have no contact other than contact related to the custody of their child and the occasional remark concerning the litigation and negotiation of the pending divorce. 2This document is fraught with deficiencies, including, but not limited to, willful failure to disclose, misrepresentation, duress and legal impossibility. Even if the Court determines this document to be a valid agreement at the time of execution nonetheless, Wife should be equitably estopped from enforcement due to the subsequent conduct of Wife during the pendency of this divorce. 6 prior to the pretrial conference during the almost three years that elapsed between the parties' physical separation and the pretrial conference. 14. Divorce Master Elicker informed Wife that he would not proceed with litigation until she filed a petition for a declaratory judgment on the matter of the alleged agreement. Wife has failed to do so. 15. Wife has repeatedly informed Husband that she intends to prevent entry of a divorce decree by any means necessary. 16. Wife has misrepresented herself to the Court, to her attorney, to Husband and to counsel for Husband. Wife most recently informed her counsel that she and Husband were working out an agreement that she would give to him in the next week to draft, when she had not had a single conversation with Husband regarding the negotiation of the an agreement. Wife continues to stall and lie in an effort to drag out litigation as long as possible and increase Husband's expenses as much as possible. 17. The litigation on the validity of the alleged agreement will serve to protract the litigation in place. 18. Absent Wife's willingness to consent to a bifurcated divorce, compelling circumstances exist for the entry of a bifurcated divorce decree including, inter alia, the following: A. Wife remains at the marital residence, and Husband has resided in a different residence since October of 2007 when Wife told him to move out; 7 B. At this time, the parties have been separated for over three (3) years, and Husband is trying to move on with his separate life; C. Wife admits that she will never agree to the divorce and that she is going to make it last as long as she can, even though this is her second marriage. D. Wife has taken to harassing and belittling Husband over Facebook and in public, to mutual friends and family, has confronted his girlfriend's daughter in public and told her that Husband was an adulterer for having a relationship while he was still married (although Husband and Wife had been separated for over two years at the time of the confrontation), and continually informs friends and strangers that a divorce decree has not been entered in an attempt to shame and embarrass Husband for beginning a relationship after separation but before entry of a divorce decree. E. While Wife is presently the custodian of the parties' 16-year-old son, entry of a divorce decree now will not increase any negative circumstances for the parties' child. Both Husband and Wife have children from first marriages; F. Public policy promotes the prompt dissolution of marriages where a request for dissolution has been made, particularly where divorce grounds exist, the date of physical separation has been admitted by both parties to be October of 2007; and the divorce action was filed over two years ago. G. Bifurcation of this divorce action will assure each party's personal life is not held hostage to the complex economic claims, which will take substantial time to resolve in the absence of settlement. 8 17. Sufficient economic protections are in place for Wife such that bifurcation will in no way prejudice, diminish or impair Wife's economic circumstances or her claims under the Divorce Code for the following reasons: A. Husband has supported Wife throughout separation, and Wife has filed for alimony pendente lite, so she can continue to receive support upon entry of the divorce decree; B. Husband does not have health insurance available through his employer, and the cost of the family's current plan at COBRA through his former employer is greater than it would be if Husband obtained private insurance for himself and son, and Wife obtained private insurance or sought insurance through her employer. Domestic Relations has indicated that the cost of the plan is not reasonable and Husband is not obliged to keep paying for it. The cost of any plan that Wife would obtain is allocable through a support action, if justified; C. Wife currently maintains sole title of the parties' residence, with over $250,000 in equity, and has ownership and control of at least 65% of the marital estate. D. In its divorce decree, the Court can, as equity and justice require, provide any other protections it deems necessary including, but not limited to, these protections set forth on the proposed divorce decree attached hereto as Exhibit "A," and incorporated herein by reference thereto. 9 WHEREFORE, Plaintiff respectfully requests this Honorable Court grant his Petition for Bifurcation, reserving jurisdiction over the pending ancillary economic claims and granting the relief provided in the proposed divorce decree. submitted, Date: I 3a a? J. PEW, Esquire ;T SSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., Plaintiff NO. 2008-3482 V. BETH A. GIRMAN, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Bernard W. Girman, Jr., Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Petition for Bifurcation was served upon Defendant, Beth A. Girman, and John M. Kerr, Esquire, counsel for Defendant, Beth A. Girman, by depositing same in the United States mail, first class, on November 30, 2010, addressed as follows: Beth A. Girman 3707 Falkstone Drive Mechanicsburg, PA 17050 John M. Kerr, Esquire THE LAW OFFICES OF JOHN M. KERR 5020 Ritter Road Mechanicsburg, P 7055 Date: 38 Q lb ley J. e , Esquire ET T, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. FILED-OFFICE OF THE PROTHONOTARY Lesley J. Beam, Esquire 4 P lr . f. HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 ?'UMI RLAN) COUNTY Harrisburg, PA 17108 ^ # P'u ay C' ???_ ?+ Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this F day of 2?c"_Ar , 2010, upon consideration of Plaintiff's Petition for Bifurcation, a Rule is hereby issued upon Defendant, Beth A. Girman, to show cause, if any, why the relief requested therein should not be granted. Said Rule returnable 2-0 days from the date of?his Order. Furflmrmaru,--drutturr 14 A-C , f v,,t( Lt Jtti?ots?.?/ iF .re s1 ca,,?wcr , ?, Z.c of o?j?o 1'i? f ?JS?• rc./•`? '`f "`°/`°t . o ouse q , ? n t' i P A !qO+- - Distribute esley J. Beam, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 , t A. Girman, 3707 Falkstone Drive, Mechanicsburg, PA 17050 M. Kerr, Esquire, 5020 Ritter Road, Mechanicsburg, PA 17055, (717) 766-4008 k' 0 -nat Lvc-C 147/10 RV TT4F. COI TRT: Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. FILLS r-O F1r- P OF dpi F`„U ? 10 NOTARY ij... 17 Pi l t : r -7 No 3- Apq,t? F`r #p. i./ i''S f LV!li' iPs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., Plaintiff NO. 2008-3482 V. BETH A. GIRMAN, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR DECLARATORY JUDGMENT REGARDING ALLEGED AGREEMENT AND ESTOPPEL AND NOW, comes Plaintiff/Petitioner, Bernard W. Girman, Jr., by and through his counsel, Lesley J. Beam, Esquire, and the law firm of Howett, Kissinger & Holst, P.C., and hereby respectfully requests that the Court issue a Declaratory Judgment finding that no valid, binding Marital Settlement Agreement exists between the aforementioned parties. In the event that the Court deems that a contract was reached between parties, Plaintiff/Petitioner respectfully requests that this Honorable Court finds that Defendant is equitably estopped from enforcing said agreement. In support thereof, Plaintiff/Petitioner avers as follows: Petitioner is Bernard W. Girman, Jr., Plaintiff in the above-captioned divorce action, hereinafter referred to as "Husband." 2. Respondent is Beth A. Girman, Defendant in the above-captioned divorce action, hereinafter referred to as "Wife." Petitioner and Respondent are husband and wife, having been lawfully married on December 2, 1993. 4. On or about October 15, 2007, Wife told Husband to leave house and said she wanted a divorce. 5. Husband filed a Complaint for Divorce on June 9, 2008, which complaint included the claim of equitable distribution of the marital assets. This complaint was served on June 13, 2008. 6. Wife filed no answer to this complaint alleging the existence of an agreement equitably dividing the parties' estate. 7. On December 3, 2007, shortly after Wife told Husband to leave the marital residence, the parties signed a document which Wife found on the Internet. Said document was titled as a marital settlement agreement (hereinafter the "Internet Document"). A copy of this written document is attached hereto as Exhibit "A." 8. Subsequent to the signing of the Internet Document, Wife retained Attorney Carol Lindsay to draft a proposed settlement agreement of the parties' estate, and prevailed upon Husband to sign said draft. Husband retained undersigned counsel to negotiate a dissolution of the estate on May 27, 2008. 9. Wife had terminated her representation with Attorney Carol Lindsay by September of 2008 (although the exact date of termination is unknown), and retained Attorney Samuel Andes in or about June of 2009 to represent her in the dissolution of her marriage and her litigation of support matters. 10. Undersigned counsel exchanged letters concerning the negotiation of a comprehensive settlement agreement with Andes from the time of his retention until March 8, 2010, when Attorney Andes informed the undersigned that he no longer represented Wife. 2 11. Although the Internet Document contained terms concerning the distribution of the estate and payment of support, Attorney Andes never raised mention of an existing alleged agreement and bargained for settlement. One such letter negotiating settlement on Wife's behalf is attached hereto as Exhibit "B." 12. Husband incurred legal fees for retention of counsel, who drafted a proposed marital settlement agreement on Wife's assurance to Husband that she would sign it. Husband continued to incur legal fees for preparing his case, negotiating a settlement, and assembling of evidence when Wife showed no sign of intending to move forward and reach settlement. 13. Although the Internet Document contained terms concerning the distribution of assets and debts, as well as payment of spousal and child support, and Husband was voluntarily giving Wife one-half of his pay each pay period, Wife filed for child support and spousal support at Cumberland County Domestic Relations. 14. As a consequence of Wife's litigation, Husband was forced to pay counsel to represent him at this conference. 15. At this conference, Wife failed to raise any allegation that a binding agreement between the parties was executed. 16. This matter was appealed to Support Master Michael Rundle at which point the parties reached agreement on the terms of the payment of support. At no time during these proceedings did Wife purport that an agreement existed concerning the payment of support to her. As a result of these proceedings, Wife forced Husband to incur expenses that he would not have incurred if Wife had held the Internet Document to be a valid and binding agreement. 3 17. Upon Husband's involuntary termination from employment in May of 2010, Husband petitioned to modify the support order to reduce the support order in consideration of his reduced income. 18. At the support conference, Wife again failed to raise the argument that there was an existing and binding agreement in effect which would mandate the sum of money that Husband owed to Wife. 19. Wife did not take appeal of this order, but subsequently filed, on the day of the parties' pretrial conference at the divorce master's office, a petition for modification alleging that income was misstated in the first order. This petition for modification was legally insufficient, as Wife was required to allege a substantial and continuing change of circumstances to warrant a new support conference and a change in the support order. At the support conference, it was confirmed that was never any misrepresentation of Husband as to income and Wife admitted to all present that she did not believe there to be any change of circumstances. 20. Husband was forced to incur legal fees to defend against that Petition. Wife in her Answer to the Preliminary Objections that Husband was forced to file, lied to the Court claiming that Husband withheld evidence of his income, which was confirmed by the conference officer to be absolutely untrue. This caused Husband to incur additional legal fees when the matter proceeded to conference, after his objections were overruled on the basis of Wife's misrepresentation. 21. Wife did not file a copy of the Internet Document with the divorce master with her pretrial statement. Neither Wife, nor any counsel for Wife, in the three years that elapsed from the time of the parties' separation to present, alleged the existence of a binding agreement 4 between the parties until Husband moved to appoint a divorce master. At the pretrial conference, Wife then sua sponte raised the argument that the Internet Document should control the dissolution of the estate and payment of support. 22. Wife's conduct, in retaining counsel to draft a proposed agreement after the Internet Document was signed, and litigating the issue of support on multiple occasions with two different attorneys at the time of filing of this petition proves that Wife does not believe that there was a binding and valid agreement between the parties, and that it was not her intention and expectation that the Internet Document was valid and binding upon its execution. 23. Further, the ongoing litigation between the parties for the three years from the time of the separation to present, until now, unrelated to the validity or interpretation of the Internet Document, indicates that there has been no meeting of the minds that would be required for an agreement to be reached on all outstanding issues of support and property division. 24. By filing a complaint in Court for the payment of spousal support and child support, when Husband had been voluntarily giving Wife 50% of his pay check each pay period, Wife forced Husband to incur considerable counsel fees defending against an action that would be unwarranted if the Internet Document were considered to be a valid and binding agreement by either party. 25. By negotiating the matter of settlement with Husband over three years, Wife has caused Husband to incur legal fees, inconvenience, undue hardship, delay, heartache and turmoil that would have been unnecessary if Wife has asserted there to be a valid, enforceable agreement reached between them. 26. Even if the Internet Document was found by the Court to be a valid and binding agreement between the parties, Wife breached the Internet Document by asking for allocated support, asking for and receiving an order which obligated Husband to pay a greater portion of unreimbursed medical expenses than 50%, refusing to consent to and move forward with the divorce, compelling Husband to pay private school tuition by order, requiring Husband to maintain insurance on her on a different policy when he changed employers, and requiring Husband to contribute to debts associated with the marital residence despite her sole occupancy of said residence, among other violations. 27. The parties did not state within the Internet Document, nor does the evidence demonstrate, that the Internet Document was a fair and equitable distribution of the estate. 28. Wife did not provide Husband with discovery of her relative or separate assets. Wife failed to disclose the extent of her separate assets which she received in the dissolution of her first marriage at the time of the parties' execution or at present. To date, Husband has still not been accurately informed as to the value of Wife's separate financial accounts and other separate assets, which assets she kept for herself during the marriage. Because Wife misrepresented those marital assets in her control at the time of execution of the Internet Document, thereby failing to provide the required full and fair disclosure prior to execution, Husband is not able to enter into this Internet Document with an understanding as whether the terms would be fair and reasonable to him. 29. Wife misrepresented herself to Husband when they printed out the Internet Document and signed it. Husband signed this Document only because Wife led him to understand the divorce could be entered without contention, expense, or other disruption. Wife purported this document to be a dissolution of the estate and that she would consent to the divorce. Wife has since withheld consent to the divorce, and filed court claims when such claims were unnecessary if the Internet Document is a valid and binding agreement. 6 30. The Internet Document that Wife now purports to be a valid and binding agreement would award Wife at least 75% of the current estate, and would not be fair or equitable according to the controlling law in this jurisdiction. 31. Wife asserts that she is entitled to 50% of the value of Husband's 401(k) account as of 11/29/07, when the account was at the peak of the market, and which value dropped by approximately $60,000, 30% of the total value, from the time of separation. Should the Internet Document be deemed a valid and binding agreement between the parties and Wife be determined to be due 50% of the value of the 401(k) at the time of separation, it would be rendered invalid by impossibility of performance and legal impossibility, as Husband would be unable to receive his half of that account as well.' 32. Husband moved to appoint a Divorce Master, and the Divorce Master has indicated that he is unable to move forward in the distribution of the estate and the determination of Wife's right to alimony if Wife is contending that there is a valid Marital Settlement Agreement in existence at this time. 33. Wife was informed that she needed to petition the Court for declaratory judgment on September 3, 2010, and has intentionally failed to file such a pleading. 34. Husband therefore avers that the parties' respective property rights and rights to support have not been determined by a valid and binding agreement of the parties. Husband seeks distribution of the estate in accordance with the factors promulgated by the Pennsylvania State Legislature and contained in the Divorce Code. 'Interpretation of the agreement in the manner suggested by Wife, with Husband receiving only the remainder of the account, would also result in Wife receiving approximately 80% of the parties' marital estate, if not more. Increases in Wife's separate estate have not been disclosed at the time of the filing of this Petition. 7 35. Until the enforceability of the Internet Document is ruled upon by this Court, Husband is unable to obtain a divorce without seeking a bifurcation. The parties have been separated for just under three years, and while this is a second marriage for both, Wife has indicated that she will not consent to this divorce and will prevent the divorce at all costs. 36. Wife should be equitably estopped from enforcing the Internet Document as an agreement of the parties, even if the Internet Document is deemed by the Court to have been binding at the time of execution, as her subsequent breaches of the agreement and conduct purporting to maintain that there was no valid agreement led Husband to retain counsel, pay for 2 1/2 years of representation in both negotiation and litigation, and experience significant cost, distress, disruption and delay of his life moving forward. 37. Pursuant to the Declaratory Judgments Act, this Court has the "power to declare rights, status, and other legal relations whether or not further relief is or could be claimed." 42 Pa.C.S. § 7532. This section provides that the "declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment or decree." Id. 38. The courts have held, with regard to declaratory judgments, that "jurisdiction will never be assumed unless the tribunal appealed to is satisfied that an actual controversy, or the ripening seeds of one, exists between parties all of whom are sui juris and before the court, and that the declaration sought will be a practical help in ending the controversy." Petition of Kariher, 284 Pa. 455, 471, 131 A. 265, 271 (1925). 39. The Divorce Master has already determined that he will not proceed with litigation until this Honorable Court issues a ruling on the validity of the Internet Document as a 8 binding and enforceable contract upon the parties to this action. As such, the necessity of intervention of this Court for a declaratory judgment has been established. 40. Legal argument and hearing is requested on this matter. WHEREFORE, your Petitioner/Plaintiff, Bernard W. Girman, Jr., respectfully requests that this Honorable Court enter an Order declaring the Internet Document dated December 3, 2007 to be unenforceable, invalid and not binding as an agreement of the parties incident to the divorce, and further enter an Order directing that the Divorce Master schedule a hearing to equitably distribute the parties' estate and determine',whether alimony is appropriate. Date: 'd } hO I6 Esquire SINGER & HOLST, P.C. 30 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. 9 VERIFICATION foregoing I, Bernard W. Girman, Jr., hereby swear and affirm that the facts contained in the Plaintiff's Petition for Declaratory Judgment Regarding Alleged Agreement and Estoppel are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 12/16/10 DATE BERNARD W. , JR. T ???'?i MARITAL SETTLEMENT AGREEMENT AGREEMENT made on this 3rd day of December, 2007, by and between Beth Ann Girman (hereinafter referred to as "Wife"), who resides at 3707 Falkstone Drive, Mechanicsburg, Pa 17050 and Bernard W Girman, Jr (hereinafter referred to as "Husband"), who resides at 165 Woodview Road, Biglerville, Pa 17037. WHEREAS, we were married on the 2°d day of December, 1993, in Williamsport, Pa., and we now mutually desire to dissolve our marriage and mutually agree to live permanently separate and apart from each other, as if we were single; WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each other regarding all financial and property matters pertaining to this marital settlement agreement; WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, child custody and visitation, personal and real property, and finances; WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent DECREE OF DIVORCE. THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide our property and finances according to the following mutually agreed upon terms and conditions: 1. CHILDREN Husband and Wife have the following child born or adopted into their marriage: Name: Brooks Christian Girman A.CUSTODY Date of Birth: September 2e,1994 To settle all issues in relation to custody in a manner consistent with the best interest of the child, Husband and Wife agree as follows: Husband and Wife shall have joint custody of Brooks with regard to legal matters. Wife shall have sole physical custody. B. VISITATION To settle all issues in relation to the visitation rights in a manner consistent with the best interest of the child, Husband and Wife agree as follows: 1) Husband shall have the following rights of visitation: Weekends: Husband shall have visitation rights on every other weekend. Weekdays: Husband shall have visitation at the mutually agreed upon times at the convenience of the parties. Page 1 of 6? Hus d's Initials Wife's Initials Yearly Vacation: Husband shall have visitation rights for the following vacation periods each year: As agreed by the parties. 2) Wife shall have the following rights of visitation: As agreed by the parties. 2. REAL ESTATE A. RESIDENCE Husband shall reside at 729 15"' Street, New Cumberland, Pa 17070 Wife shall reside at 3707 Falkstone Drive, Mechanicsburg, Pa 17050 B. HOMESTEAD Husband and Wife own the following real property as their family residence, located at 3707 Falkstone Drive, Mechanicsburg, Pa 17050 Husband and Wife agree that Beth and Brooks shall continue to reside at the above mentioned family residence. Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows: 1) Title: Husband shall have the following rights of title and ownership in the family residence: NONE Wife shall have the following rights of title and ownership in the family residence: SOLE 2) Expenses. Mortgage and Maintenance: Husband shall be responsible for and pay the following expenses regarding the family residence: NONE Wife shall be responsible for and pay the following expenses regarding the family residence: ALL C. OTHER REAL ESTATE Husband and Wife jointly own the following other real estate to be divided as follows: 1) To Husband: 165 Woodview Road, Biglerville, Pa 17037 Page 2 of 6 fi:O's initials Wife's Initials 3. PERSONAL PROPERTY A. HOUSEHOLD GOODS Husband and Wife jointly own the following household goods to be divided as follows: 1) To Husband: Gun Collection with exception of guns belonging to Brooks, Brice or Beth. Gun Safe, Cherry Table and Chairs Currently in Breakfast Area, Roll Top Desk, Barrister Bookcase, Yamaha Piano, Early American Bedroom Suite, Pine Bed, Furnishings of 165 Woodview Road Property. 2) To Wife: Furnishings of 3707 Falkstone Drive, Mechanicsburg, Pa, (with exception of those listed For husband.) This End Up bed and dining room table and chairs from 165 Woodview Road, Cub Cadet Lawn Tractor, S&W.38Sp Airweight with Crimson Trace Grips. B. AUTOMOBILES Husband and Wife jointly own the following automobiles to be divided as follows: 1) To Husband: 2007 Ford F-150 Super Cab Pickup Truck 2000 Kawasaki Ninja 650 Motorcycle 6' x 8' Cargo Pro Utility Trailer 2) To Wife: 2002 Ford Explorer XLT 2006 Mini Cooper S 1960 Chevy Impala C. OTHER PERSONAL PROPERTY Husband and Wife own the following other personal property to be divided as follows: 1) To Husband: 50% of Medtronic Stock (1335 shares). 50% of 401 k Vanguard Account. 2) To Wife: 50% of Medtronic Stock (1335 shares). 50% of current (11/29/07) value of 401k Vanguard Account due when funds can be accessed / transferred without penalty. 4. BANK ACCOUNTS Husband and Wife jointly hold the following bank accounts: Commerce Bank, Camp Hill, Pa. Checking and Savings The above mentioned accounts shall be divided as follows: 1) To Husband: Commerce Bank 50%. 2) To Wife: Commerce Bank 50%. 3) To Wife: The sum of $7,500.00 cash owed by Travis Finkenbinder. To be paid upon receipt of funds from Travis, or upon Husband receiving settlement from Medtronic Inc., whichever occurs first. 4) To Wife: 50% of funds received as a result of settlement of EEOC suit with Medtronic Inc., payable immediately upon receipt of funds by husband. Page 3 of 6 fiU d's Initials Wi e's Initials 5. DEBTS 1) Husband agrees to pay and assume all responsibility for the following debts: All debts pertaining to 165 Woodview Road, Biglerville, Pa. Bank of America US Airways Credit Card 2) Wife agrees to pay and assume all responsibility for the following debts: All debts pertaining to 3707 Falkstone Drive, Mechanicsburg, Pa. Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability. Husband and Wife agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement. 6. TAX LIABILITY A. Husband and Wife agree that any joint tax liability shall be assumed as follows: None Known. B. The custodial parent shall have the sole right to claim as a dependent for state and federal income tax purposes any child over which he or she has custody. In the event of joint custody, the Husband and Wife agree as follows with respect to who shall hold this right: Husband 7. LIFE INSURANCE A. Husband owns the following life insurance policies naming Wife as beneficiary: Knights of Columbus Whole Life 010EE13952 100, 000.00 Knights of Columbus Whole Life 0102231603 105, 000.00 Knights of Columbus Term Life 0102231602 100,000.00 Husband agrees that Wife shall remain the beneficiary of the following life insurance policies: All above. Should Husband change beneficiary, 50% of cash value is immediately due to wife. Page 4 of 6 Huss Initials Wife's Initials tials B. Wife owns the following life insurance policies naming Husband as beneficiary: Knights of Columbus Term Life 0102231604 50,000.00 Wife agrees that Husband shall remain the beneficiary of the following life insurance policies: All Above. 8. HEALTH INSURANCE Husband and Wife agree as follows in relation to their respective health care coverage: Husband agrees to maintain wife on existing policy so long as it remains legal to do so, and wife has not removed herself from same by obtaining a policy of her own. 9. SPOUSAL SUPPORT A. Husband shall pay to Wife spousal / child support in the sum of 50% of net pay,(as defined by Pennsylvania state schedule) biweekly, beginning on the 7th day of December, 2007. Husband shall continue to pay this sum for a period of 6 years, subject to the following mutually agreed upon conditions: Payments to end with the last payment due prior to the 1 8t day of September, 2013. 10. CHILD SUPPORT A. See 9. B. All payments of child support shall be made directly to the parent to whom the child support payments are due; however, the parent to whom payments are due reserves the right to require, upon written notice to the paying parent, such child support payments to be paid directly to the appropriate state agency, official, or court designated by the laws of the Commonwealth of Pennsylvania to receive and disburse such child support payments. C. In the event the obligated parent's income increases, the amount of child support shall be increased proportionately, and such increase shall be computed effective the date of the increase. D. As additional child support, the obligated parent shall maintain medical and dental insurance on behalf of each child and shall pay one half of any medical expenses not covered by said insurance. 11. LEGAL NAME Husband and Wife agree that that upon the court's ordering a DECREE OF DIVORCE, Wife shall have the right to retain her married name or shall also have the right to return to her maiden or former name: Beth Ann Sullivan. 12. FINAL AGREEMENT This agreement sets forth the entire agreement and understanding between the Husband and Wife relating to the settlement of martial property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged. Page 5 of 6 us 's Initials Wife's Initials 13. ACKNOWLEDGEMENT Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement. 14. CHOICE OF LAW Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. Signed and dated this ',,-? day of A'60? c? 20 =. Wife llbl z 4, Witness #1 for Wife 'Mhess- for Wife Husband ?- ?u?r? r 41 A, Witness #1 for Husband negs #2 for Husband CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF (_Ii!/??_?110 This document was acknowledged before me one - [Date] by 11?????r3v? A?P71i/A9b l 1 name of principal]. [Notary Seal, if any]: n e o Notarial Officer) Notary Public for the Commonwealth of Pennsylvania - UUMMU-h*E-ALTH OF PENNSYLVANIA My commission expire : JAMES CrARI-- -- Camp Hill BoroEC ? Public timberland Caw* MY Commission Expires June 6, 200 Page 6 of 6 ?k ""/-/ Husb d' itials Wife's Initials A '3 1 % 11-r SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 MAILING ADDRESS: LEMOYNE, PENNSYLVANIA 17043 TELEPHONE P. O. BOX 168 (717) 761-3361 LEMOYNE, PA 17043-0168 FAX E-MAIL: LawAndes*aol.com (717) 761.1433 9 June 2009 Leslie Beam, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 RE: Bernard W. Girman, Jr. Beth Girman has brought to me the divorce complaint you filed and the proposed property settlement agreement which you prepared. I write in response to both. My client tells me that the provisions of your proposed agreement regarding the division of property are satisfactory to her. The provisions of the agreement regarding alimony, however, are significantly different than the parties' last discussion. During their last discussion, Mr. Girman told his wife that he would pay 50% of his income as alimony. I believe that will be satisfactory with my client but we need some confirmation of his current income. My client tells me that he recently accepted a significant promotion within the company and his earnings have increased significantly. We would like to see a copy of his employment contract for that new position and a copy of his most recent paycheck stub so we can verify his income. If it is what my client believes it will be, she is willing to accept 50% of his income for her alimony claim. She is not willing to agree to alimony for five years as proposed in your agreement. We believe the alimony should be for an indefinite term so that the parties can determine the length of time be pays alimony hased upon. fifture circumstances. The parties were married for approximately 14 years at the time of their final separation and, if the case were litigated, the court would almost certainly grant her alimony for an indefinite term. We are not talking about perpetual alimony, only alimony without a fixed term at the present time with that term to be decided based upon future financial circumstances. Please review these two points with your client and get back to me with his response. When you do, please provide me with a copy of his recent paycheck stub and his employment agreement or some other document which describes his new position and its compensation arrangements. Sincerely, e rides cc: Ms. Beth Ann Girman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., Plaintiff V. BETH A. GIRMAN, Defendant NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Bernard W. Girman, Jr., Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff s Petition for Declaratory Judgment Regarding Agreement was served upon Beth A. Girman, Defendant, and John M. Kerr, Esquire, counsel for Defendant, by depositing same in the United States mail, first class, on December 16, 2010, addressed as follows: Date: /g/rh 010 Beth A. Girman 3707 Falkstone Drive Mechanicsburg, PA 17050 John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 I (pW T , KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. DEC 2 0 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) -ate Plaintiff ) NO. 2008-3482 zr-+-? r° =? Z -'a r7 -.,r- na V. )cy :;J°a BETH A. GIRMAN, '? ?? ) CIVIL ACTION - LAW I? Defendant ) IN DIVORCE ORDER AND NOW, this Z/' day of _, 2010, upon consideration of the within Petition for Declaratory Judgment, it is hereby ORDERED that: 1. A Rule is issued by Respondent, Beth A. Girman„ to show cause why the Petitioner is not entitled to the relief requested. 2. The Respondent shall file an Answer to the Petition within Zo days of service upon the Respondent. 3. The Petition shall be decided under Pa.R.C.P. No. 206.7. 4. An evidentiary hearing on disputed facts, if necessary, and argument shall be held on the of ,&.Udl.t_ , 201 1; at .3;0'(J , _ .m. in Courtroom No. of the Cumberland Country Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 5. (a) ?The Petitioner shall file Brief in support of the Petition within 30 days of the date of this Order. Any party opposing the Petition shall file a responsive Brief within 7 days of service of the Petitioner's Brief. or (b) The filing of Briefs is not necessary. 410- 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: • g4 J. Distribute : ley J. Beam, Esquire, P.O. Box 810, Harrisburg, PA 17108, Telephone: (717) 234-2616 ?th A. Girman, 3707 Falkstone Drive, Mechanicsburg, PA 17050 ,--To-hn M. Kerr, Esquire, 5020 Ritter Road, Suite 109, Mechanicsburg, PA 17055, (717) 766-4008 Cp?cQS C if BERNARD W. GIRMAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3482 TO THE PROTHONOTARY: --{ ca Kindly enter my appearance on behalf of Beth A. Girman, Defendant in the above- v. CIVIL ACTION - LAW Cl) o IN DIVORCE c -p 3 _ ° a -n --•1 m rrI BETH A. GIRMAN., rn E:) - Defendant z? M Or-° ?z J ° © <O ENTRY OF APPEARANCE Zo -? 3 =- " Q-n Dx N °rn captioned divorce action. Respectfully submitted, q4 ;0, Jo M. Kerr, Esquire Attorney I.D. #26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 yaw re oyohn M. err 5o2o otter load suite 109 MechaMCSbtug. PA 17055 FH : 717.766.4008 FAx: 717.766.4066 Dated: December 27, 2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Entry of Appearance," the below-named individual in the manner indicated: First-Class Mail. Postage Prepaid Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 W, " John M. Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: December 27, 2010 is 'Offs 50201tttter Road suite tog Mecberdc9burg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 BERNARD W. GIRMAN, JR., Plaintiff V. BETH A. GIRMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR BIFURCATION AND NOW, comes Defendant, Beth A. Girman, by her counsel, John M. Kerr, Esquire, and files the within " Answer To Plaintiff's Petition For Bifurcation, the nature of which is as G o o -n follows: 03 c? ? : o rn rnr "u 1. ADMITTED. 0 7-1: > ` rn MC) . < -I ca 2. ADMITTED. <o -v C:)--n ?'n zo ac r x- E5 n C-) 3. ADMITTED ( v Drn . --4 4. ADMITTED. 5. DENIED. Defendant lacks sufficient information to form a conclusion as to the truth of 905020 Ritter Road sutte 108 Mechanicsburg. PA 17055 R" V: 717.766.4008 FAx: 717.766.4066 the multiple averments contained at paragraph 5 of the Bifurcation Petition and, accordingly, denies the same. Strict proof is demanded at time of Hearing in this matter. By way of further answer, it is expressly denied that Wife would be economically protected during the pendency of the proceedings. 6. DENIED. The filing made by Husband is a public record which speaks for itself. 7. DENIED. The filing made by Husband is a public record which speaks for itself. 8. ADMITTED. Byway of further answer, undersigned counsel has just entered his appearance on behalf of Defendant/Respondent and is unaware of the extent of prior representation or whether Defendant was proceeding pro se at the time such an affidavit would have been filed. 9. ADMITTED in part and DENIED in part. Wife incorporates by reference, as if fully set for in its entirety, her answer to paragraph 8 above. 10. DENIED. The allegation contained at paragraph 10 of the Petition For Bifurcation represents a legal conclusion to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant/Respondent denies that the moving party has demonstrated compelling circumstances for entry of the divorce decree or that sufficient economic protections have been provided to the non-moving party. 11. DENIED. The allegation contained at paragraph 11 of the Petition For Bifurcation represents a legal conclusion to which no response is required under the Pennsylvania Rules of Civil Procedure. 12. DENIED. Wife maintains that the parties entered into a Marital Settlement Agreement; that it was voluntarily entered into; that it was drafted by Husband from an internet form; and that it is valid and binding agreement. Wife notes that the validity of the Agreement is currently being litigated in a Declaratory Judgment action before this court. 13. ADMITTED in part and DENIED in part. It is admitted that Wife raised this contention at Ohn M. err ' so20 Ritter Road Suite 109 MechaMCsbtug, PA 17o5s Now 717.788.4008 FAx: 717.766.4088 the pretrial conference before Divorce Master Robert E. Elicker. It is also noted that Wife did not have the assistance of counsel at that proceeding or most of the other proceedings referenced at paragraph 13.. Moreover, Master Elicker recommended that the validity of the Agreement be determined prior to any proceedings being held before him. 14. ADMITTED in part and DENIED in part. It is admitted, as noted in answer to paragraph 13 above, that Master Elicker indicated that the validity of the Agreement should first be litigated. By way of further answer, undersigned counsel informed Plaintiff's counsel that he intended to file a declaratory judgment action if the parties' negotiations over a new Marriage Settlement Agreement were not successful. Plaintiff's counsel filed such an action before Defendant could file the same. 15. ADMITTED in part and DENIED in part. While Wife has indicated that she has been conflicted over the question of a divorce, she has never stated that she "intends to prevent entry of a divorce decree by any means necessary." 16. DENIED. The averment contained at paragraph 16 of the Petition For Bifurcation is unprofessional, untrue, scandalous and mean-spirited. 17. DENIED. It is Plaintiff/Petitioner who has now filed a Declaratory Judgment action. The reason for the necessity of this action was well enunciated by Master Elicker at the Pre-Trial Conference. 18. DENIED. Wife specifically denies that there are compelling circumstances which support the entry of a bifurcated divorce decree: A. ADMITTED. B. ADMITTED in part and DENIED in part. Wife lacks sufficient information concerning her husband's mental state such as is averred and, accordingly, denies the same. Strict proof is demanded at time of Hearing. C. DENIED. This averment is unprofessional, untrue, scandalous, and impertinent. D. DENIED. E. ADMITTED. ; Yohn M.err 5020 ROW Road Suite 109 Mechanicsburg, PA 17055 PNw : 717.766.4008 FAx: 717.788.4088 F. DENIED. This averment represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. G. DENIED. 19. DENIED. A. ADMITTED in part and DENIED in part. It is admitted that Husband has paid spousal support pursuant to Order of Court. B. DENIED. C. DENIED. This averment represents a conclusion of law, to which no response is necessary under the Pennsylvania Rules of Civil Procedure. D. DENIED. This averment represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, it is requested that the Court schedule a Hearing to determine whether compelling circumstances exist which would support the entry of a bifurcated divorce and, additionally, whether Wife will be economically protected during the pendency of the remaining proceedings. Respectfully submitted, Jo M. Kerr, "Esquire Attorney I.D. #26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Y Lawo.reo? ohn M.err 5020 Fatter Road state 108 Mechankzbtug, PA 17055 P"om: 717.788.4008 FAx: 717.788.4066 Dated: December 27, 2010 VERIFICATION The undersigned hereby states that she is the Defendant in the foregoing divorce action and, as such, is authorized to execute this Verification, and that any factual statements contained in the Answer to "Plaintiff's Petition For Bifurcation" are true and correct to the best of her knowledge, information and belief. She understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Beth Girman CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Defendant's Answer To Plaintiffs Petition For Bifurcation," on the below-named individual in the manner indicated: First-Class Mail, Postaee Prepaid Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 ?,._ W . X - - X44Z John M. Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: December 27, 2010 Y Law Offim of ohn M.err 5020 Rarer Road Suite 109 MedWUCSbu1g, PA 17055 Flies : 717.766.4008 FAx: 717.766.4066 BERNARD W. GIRMAN, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-3482 r i c = CIVIL ACTION - LAW .?+ rri BETH A. GIRMAN, IN DIVORCE Defendant JUDGE KEVIN HESS, P.J. 'r -4 _' * DEFENDANT'S PRLIMINARY OBJECTIONS TO PLAINTIFF'S PETITION FOR DECLARATORY J6bGW N T' AND NOW, comes Defendant, Beth A. Girman, by her counsel, John M. Kerr, Esquire, pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure, and files the within Preliminary Objections to Plaintiff's Petition For Declaratory Judgment, the nature of which is as follows; BACKGROUND 1. On or about December 17, 2010, Plaintiff Bernard W. Girman (hereinafter, "Plaintiff' or "Husband") filed a "Petition For Declaratory Judgment Regarding Alleged Agreement And Estoppel." 2. On December 21, 2010, the Court entered an Order, issuing a Rule on Respondent Beth A. Girman, to show cause why the Petitioner should not be entitled to the relief requested. The Rule was received in undersigned counsel's on December 22, 2010. 3. In the Petition For Declaratory Judgment, the Petitioner requests that the Court, Law O(fim of ohn M.?err 5020 Ritter Road suite 109 Mechanicsburg, PA 17055 Flui l : 717.766.4008 FAx: 717.766.4066 a) issue a Declaratory Judgment finding that no valid, binding Marital Settlement Agreement exists between the parties; and b) if the Court determines that there was a binding agreement, further find that Defendant is equitably estopped from enforcing the Agreement. 4. According to the well-pleaded averments contained in the Petition, Father avers that he filed a Complaint for Divorce on June 9, 2008, which included a claim for equitable distribution of the marital assets (Petition, 15). 5. The same two parties in this Declaratory Judgment action are parties to a pending divorce action, docketed to the above caption. 6. Plaintiff has predicated this Petition on the Declaratory Judgments Act, 42 Pa. C.S.§7532(Petition, $37). II. PRELIMINARY OBJECTIONS A. Failure of the Pleading To Conform To Law Or Rule of Court 7. The Declaratory Judgments Act, 42 Pa. C.S.§7541(c)(1) provides as follows: (c) Exceptions - Relief shall not be available under this subchapter with respect to any: (1) Action wherein a divorce or annulment of marriage is sought except as provided by 23 Pa. C.S. §3306 (relating to proceedings to determine marital status).... Y Law OHire of ohn M.err 5020 Mter Road Sutte 108 Medklr CSbing, PA 17055 Pram: 717.788.4008 FAx: 717.788.4088 8. The present action is one where a divorce of marriage is sought. 9. The Divorce Code, at 23 Pa. C.S.§3306, provides the one case in which the Court may issue a declaratory judgment under the Code. It is inapplicable to the present situation. 10. In situations where, as here, the outcome of the declaratory judgment action would affect claims raised in the pending divorce action, the exception of §7541(c)(1) "operates to bar the commencement of the declaratory judgment action." Chrin v. Chrin, 42 Pa. D.&C.3d 229, 231 (Northampton County, 1985). 11. By Plaintiffs own admission, the declaratory judgment would affect claims raised in the divorce action (Petition, ¶$30-31). w WHEREFORE, it is requested that Defendant's Preliminary Objection be granted and the Petition be dismissed, for failure to conform to law under Pa.R.Civ.P. 1028(a)(2). B. Demurrer 12. The averments contained at paragraphs 1-11 of these Preliminary Objections are incorporated by reference, as if fully set forth in their entirety. 13. Plaintiff's Petition is replete with allegations relating to what might only be characterized as arguments relating to waiver and estoppel. See, introductory paragraph to the Petition, in which Plaintiff asks this Court to "equitably estop" the enforcement of a valid agreement (assuming the Court would so find). 14. Under the Declaratory Judgments Act, the Court has the power to declare rights, status, and other legal relations...." 42 Pa. C.S.§7532. In addition, "any person interested under a ... written contract ... may have determined any question of construction or validity under the ... contract..." 42 Pa. C.S.§7533. 15. Plaintiff attempts to extend this power beyond the statutory provisions by having the Court first determine that the Agreement of the parties is valid, but that, notwithstanding, it cannot be enforced. This is in the nature of an injunctive action, which was not the basis of the Petition. 16. Such relief cannot be granted by the Court under the Declaratory Judgments Act. Consequently, Plaintiffs request is legally insufficient under Pa.R.Civ.P. 1028(a)(4). o j M.err Y L 'Offi 5020 Rttta Road Sutte 108 Medon[C u[g, PA 17055 Mil : 717.788.4008 FAx: 717.788.4088 WHEREFORE, it is requested that the Court grant Defendant's demurrer and dismiss the Petition to the extent that it requests what is, in reality, injunctive relief, i.e., a determination that an agreement found by the Court to be valid can, nonetheless, not be enforced. Respectfully submitted, Qea pit-?L Jo M. Kerr, Esquire Attorney I.D. #26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: January 11, 2011 Yoz-P;Xerr 5020 Fritter Road sutte 108 MedMrdC3bUN, PA 17055 PHoNE: 717.766.4008 FAx: 717.766.4088 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Defendant's Preliminary Objections To Plaintiff's Petition For Declaratory Judgment," on the below-named individual in the manner indicated: First-Class Mail, Postage Prepaid Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 John M. Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: January 11, 2011 Law ce oYohn 1;I err 5ozo Rma Road Suite 108 MedtanbMburg, PA 17055 Flk a : 717.766.4008 FAx: 717.766.4066 Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. FILED-O FICL r 1-10'i OF TT!L PROTH OTAR 21511 l SAN l 9 PM Z 37 C? `,TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., Plaintiff NO. 2008-3482 V. BETH A. GIRMAN, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AMENDED PETITION FOR DECLARATORY JUDGMENT AND ESTOPPEL AND NOW, comes Plaintiff/Petitioner, Bernard W. Girman, Jr., by and through his counsel, Lesley J. Beam, Esquire, and the law firm of Howett, Kissinger & Holst, P.C., and hereby respectfully requests that the Court issue a Declaratory Judgment finding that no valid, binding Marital Settlement Agreement exists between the aforementioned parties. In the event that the Court deems that a contract was reached between parties, Plaintiff/Petitioner respectfully requests that this Honorable Court finds that Defendant is equitably estopped from enforcing said agreement. In support thereof, Plaintiff/Petitioner avers as follows: 1. Petitioner is Bernard W. Girman, Jr., Plaintiff in the above-captioned divorce action, hereinafter referred to as "Husband." 2. Respondent is Beth A. Girman, Defendant in the above-captioned divorce action, hereinafter referred to as "Wife." 3. Petitioner and Respondent are husband and wife, having been lawfully married on December 2, 1993. 4. On or about October 15, 2007, Wife told Husband to leave house and said she wanted a divorce. 5. Husband filed a Complaint for Divorce on June 9, 2008, which complaint included the claim of equitable distribution of the marital assets. This complaint was served on June 13, 2008. 6. Wife filed no answer to this complaint alleging the existence of an agreement equitably dividing the parties' estate. 7. On December 3, 2007, shortly after Wife told Husband to leave the marital residence, the parties signed a document which Wife found on the Internet. Said document was titled as a marital settlement agreement (hereinafter the "Internet Document"). A copy of this written document is attached hereto as Exhibit "A." 8. Subsequent to the signing of the Internet Document, Wife retained Attorney Carol Lindsay to draft a proposed settlement agreement of the parties' estate, and prevailed upon Husband to sign said draft. Husband retained undersigned counsel to negotiate a dissolution of the estate on May 27, 2008. 9. Wife had terminated her representation with Attorney Carol Lindsay by September of 2008 (although the exact date of termination is unknown), and retained Attorney Samuel Andes in or about June of 2009 to represent her in the dissolution of her marriage and her litigation of support matters. 10. Undersigned counsel exchanged letters concerning the negotiation of a comprehensive settlement agreement with Andes from the time of his retention until March 8, 2010, when Attorney Andes informed the undersigned that he no longer represented Wife. 2 11. Although the Internet Document contained terms concerning the distribution of the estate and payment of support, Attorney Andes never raised mention of an existing alleged agreement and bargained for settlement. One such letter negotiating settlement on Wife's behalf is attached hereto as Exhibit "B." 12. Husband incurred legal fees for retention of counsel, who drafted a proposed marital settlement agreement on Wife's assurance to Husband that she would sign it. Husband continued to incur legal fees for preparing his case, negotiating a settlement, and assembling of evidence when Wife showed no sign of intending to move forward and reach settlement. 13. Although the Internet Document contained terms concerning the distribution of assets and debts, as well as payment of spousal and child support, and Husband was voluntarily giving Wife one-half of his pay each pay period, Wife filed for child support and spousal support at Cumberland County Domestic Relations. 14. As a consequence of Wife's litigation, Husband was forced to pay counsel to represent him at this conference. 15. At this conference, Wife failed to raise any allegation that a binding agreement between the parties was executed. 16. This matter was appealed to Support Master Michael Rundle at which point the parties reached agreement on the terms of the payment of support. At no time during these proceedings did Wife purport that an agreement existed concerning the payment of support to her. As a result of these proceedings, Wife forced Husband to incur expenses that he would not have incurred if Wife had held the Internet Document to be a valid and binding agreement. 17. Upon Husband's involuntary termination from employment in May of 2010, Husband petitioned to modify the support order to reduce the support order in consideration of his reduced income. 18. At the support conference, Wife again failed to raise the argument that there was an existing and binding agreement in effect which would mandate the sum of money that Husband owed to Wife. 19. Wife did not take appeal of this order, but subsequently filed, on the day of the parties' pretrial conference at the divorce master's office, a petition for modification alleging that income was misstated in the first order. This petition for modification was legally insufficient, as Wife was required to allege a substantial and continuing change of circumstances to warrant a new support conference and a change in the support order. At the support conference, it was confirmed that was never any misrepresentation of Husband as to income and Wife admitted to all present that she did not believe there to be any change of circumstances. 20. Husband was forced to incur legal fees to defend against that Petition. Wife in her Answer to the Preliminary Objections that Husband was forced to file, lied to the Court claiming that Husband withheld evidence of his income, which was confirmed by the conference officer to be absolutely untrue. This caused Husband to incur additional legal fees when the matter proceeded to conference, after his objections were overruled on the basis of Wife's misrepresentation. 21. Wife did not file a copy of the Internet Document with the divorce master with her pretrial statement. Neither Wife, nor any counsel for Wife, in the three years that elapsed from the time of the parties' separation to present, alleged the existence of a binding agreement 4 between the parties until Husband moved to appoint a divorce master. At the pretrial conference, Wife then sua sponte raised the argument that the Internet Document should control the dissolution of the estate and payment of support. 22. Wife's conduct, in retaining counsel to draft a proposed agreement after the Internet Document was signed, and litigating the issue of support on multiple occasions with two different attorneys at the time of filing of this petition proves that Wife does not believe that there was a binding and valid agreement between the parties, and that it was not her intention and expectation that the Internet Document was valid and binding upon its execution. 23. Further, the ongoing litigation between the parties for the three years from the time of the separation to present, until now, unrelated to the validity or interpretation of the Internet Document, indicates that there has been no meeting of the minds that would be required for an agreement to be reached on all outstanding issues of support and property division. 24. By filing a complaint in Court for the payment of spousal support and. child support, when Husband had been voluntarily giving Wife 50% of his pay check each pay period, Wife forced Husband to incur considerable counsel fees defending against an action that would be unwarranted if the Internet Document were considered to be a valid and binding agreement by either party. 25. By negotiating the matter of settlement with Husband over three years, Wife has caused Husband to incur legal fees, inconvenience, undue hardship, delay, heartache and turmoil that would have been unnecessary if Wife has asserted there to be a valid, enforceable agreement reached between them. 26. Even if the Internet Document was found by the Court to be a valid and binding agreement between the parties, Wife breached the Internet Document by asking for allocated support, asking for and receiving an order which obligated Husband to pay a greater portion of unreimbursed medical expenses than 50%, refusing to consent to and move forward with the divorce, compelling Husband to pay private school tuition by order, requiring Husband to maintain insurance on her on a different policy when he changed employers, and requiring Husband to contribute to debts associated with the marital residence despite her sole occupancy of said residence, among other violations. 27. The parties did not state within the Internet Document, nor does the evidence demonstrate, that the Internet Document was a fair and equitable distribution of the estate. 28. Wife did not provide Husband with discovery of her relative or separate assets. Wife failed to disclose the extent of her separate assets which she received in the dissolution of her first marriage at the time of the parties' execution or at present. To date, Husband has still not been accurately informed as to the value of Wife's separate financial accounts and other separate assets, which assets she kept for herself during the marriage. Because Wife misrepresented those marital assets in her control at the time of execution of the Internet Document, thereby failing to provide the required full and fair disclosure prior to execution, Husband is not able to enter into this Internet Document with an understanding as whether the terms would be fair and reasonable to him. 29. Wife misrepresented herself to Husband when they printed out the Internet Document and signed it. Husband signed this Document only because Wife led him to understand the divorce could be entered without contention, expense, or other disruption. Wife 6 purported this document to be a dissolution of the estate and that she would consent to the divorce. Wife has since withheld consent to the divorce, and filed court claims when such claims were unnecessary if the Internet Document is a valid and binding agreement. 30. The Internet Document that Wife now purports to be a valid and binding agreement would award Wife at least 75% of the current estate, and would not be fair or equitable according to the controlling law in this jurisdiction. 31. Wife asserts that she is entitled to 50% of the value of Husband's 401(k) account as of 11/29/07, when the account was at the peak of the market, and which value dropped by approximately $60,000, 30% of the total value, from the time of separation. Should the Internet Document be deemed a valid and binding agreement between the parties and Wife be determined to be due 50% of the value of the 401(k) at the time of separation, it would be rendered invalid by impossibility of performance and legal impossibility, as Husband would be unable to receive his half of that account as well.' 32. Husband moved to appoint a Divorce Master, and the Divorce Master has indicated that he is unable to move forward in the distribution of the estate and the determination of Wife's right to alimony if Wife is contending that there is a valid Marital Settlement Agreement in existence at this time. 33. Wife was informed that she needed to petition the Court for declaratory judgment on September 3, 2010, and has intentionally failed to file such a pleading. 'Interpretation of the agreement in the manner suggested by Wife, with Husband receiving only the remainder of the account, would also result in Wife receiving approximately 80% of the parties' marital estate, if not more. Increases in Wife's separate estate have not been disclosed at the time of the filing of this Petition. 7 34. Husband therefore avers that the parties' respective property rights and rights to support have not been determined by a valid and binding agreement of the parties. Husband seeks distribution of the estate in accordance with the factors promulgated by the Pennsylvania State Legislature and contained in the Divorce Code. 35. Until the enforceability of the Internet Document is ruled upon by this Court, Husband is unable to obtain a divorce without seeking a bifurcation. The parties have been separated for just under three years, and while this is a second marriage for both, Wife has indicated that she will not consent to this divorce and will prevent the divorce at all costs. 36. Wife should be equitably estopped from enforcing the Internet Document as an agreement of the parties, even if the Internet Document is deemed by the Court to have been binding at the time of execution, as her subsequent breaches of the agreement and conduct purporting to maintain that there was no valid agreement led Husband to retain counsel, pay for 2 '/2 years of representation in both negotiation and litigation, and experience significant cost, distress, disruption and delay of his life moving forward. 37. Pursuant to 23 Pa.C.S. § 3104, this Court has original jurisdiction in cases of divorce and shall determine (1) The determination and disposition of property rights and interests between spouses, including any rights created by any antenuptial, postnuptial or separation agreement and including the partition of property held as tenants by the entireties or otherwise and any accounting between them, and the order of any spousal support, alimony, alimony pendente lite, counsel fees or costs authorized by law. (2) The future care, custody and visitation rights as to children of the marriage or purported marriage. (3) Any support or assistance which shall be paid for the benefit of any children of the marriage or purported marriage. (4) Any property settlement involving any of the matters set forth in paragraphs (1), (2) and (3) as submitted by the parties. (5) Any other matters pertaining to the marriage and divorce or annulment authorized by law and which fairly and expeditiously may be determined and disposed of in such action. 23 Pa.CS § 3104. 38. Case law has demonstrated that the courts have the authority to determine the validity and/or the enforceability of an agreement. See, eg, Luber v. Luber. 614 A.2d 771 (Pa. Super. 1992), Adams v. Adams, 848 A,.2d 991 (Pa. Super 2004). 39. The Divorce Master has already determined that he will not proceed with litigation until this Honorable Court issues a ruling on the validity of the Internet Document as a binding and enforceable contract upon the parties to this action. As such, the necessity of intervention of this Court for a declaratory judgment has been established. 40. Legal argument and hearing is requested on this matter. WHEREFORE, your Petitioner/Plaintiff, Bernard W. Girman, Jr., respectfully requests that this Honorable Court enter an Order declaring the Internet Document dated December 3, 2007 to be unenforceable, invalid and not binding as an agreement of the parties incident to the divorce, and further enter an Order directing that the Divorce Master schedule a hearing to equitably distribute the parties' estate and Date: 14- 8 /,aa4- alimony is appropriate. esy . )3eam, Esquire Op TT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. 9 VERIFICATION I, Bernard W. Girman, Jr., hereby swear and affirm that the facts contained in the foregoing Plaintiff's Amended Petition for Declaratory Judgment and Estoppel are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1/18/2011 DATE BERNARD W. , JR. I t I ? A/X r/ MARITAL SETTLEMENT AGREEMENT AGREEMENT made on this 3rd day of December, 2007, by and between Beth Ann Girman (hereinafter referred to as Wife"), who resides at 3707 Falkstone Drive, Mechanicsburg, Pa 17050 and Bernard W Girman, Jr (hereinafter referred to as "Husband"), who resides at 165 Woodview Road, Biglerville, Pa 17037. WHEREAS, we were married on the 2"d day of December, 1993, in Williamsport, Pa., and we now mutually desire to dissolve our marriage and mutually agree to live permanently separate and apart from each other, as if we were single; WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each other regarding all financial and property matters pertaining to this marital settlement agreement; WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, child custody and visitation, personal and real property, and finances; WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent DECREE OF DIVORCE. THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide our property and finances according to the following mutually agreed upon terms and conditions: 1. CHILDREN Husband and Wife have the following child born or adopted into their marriage: Name: Brooks Christian Girman Date of Birth: September 26"', 1994 A. CUSTODY To settle all issues in relation to custody in a manner consistent with the best interest of the child, Husband and Wife agree as follows: Husband and Wife shall have joint custody of Brooks with regard to legal matters. Wife shall have sole physical custody. B. VISITATION To settle all issues in relation to the visitation rights in a manner consistent with the best interest of the child, Husband and Wife agree as follows: 1) Husband shall have the following rights of visitation: Weekends: Husband shall have visitation rights on every other weekend. Weekdays: Husband shall have visitation at the mutually agreed upon times at the convenience of the parties. Page 1 of 6?? y- Hus 's Initials Wife's Initials ?r Yearly Vacation: Husband shall have visitation rights for the following vacation periods each year: As agreed by the parties. 2) Wife shall have the following rights of visitation: As agreed by the parties. 2. REAL ESTATE A. RESIDENCE Husband shall reside at 729 15th Street, New Cumberland, Pa 17070 Wife shall reside at 3707 Falkstone Drive, Mechanicsburg, Pa 17050 B. HOMESTEAD Husband and Wife own the following real property as their family residence, located at 3707 Falkstone Drive, Mechanicsburg, Pa 17050 Husband and Wife agree that Beth and Brooks shall continue to reside at the above mentioned family residence. Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows: 1) Title: Husband shall have the following rights of title and ownership in the family residence: NONE Wife shall have the following rights of title and ownership in the family residence: SOLE 2) Expenses. Mortgage and Maintenance: Husband shall be responsible for and pay the following expenses regarding the family residence: NONE Wife shall be responsible for and pay the following expenses regarding the family residence: ALL C. OTHER REAL ESTATE Husband and Wife jointly own the following other real estate to be divided as follows: 1) To Husband: 165 Woodview Road, Biglerville, Pa 17037 Page 2 of 6 s Initials Wife's Initials 3, PERSONAL. PROPERTY A. HOUSEHOLD GOODS Husband and Wife jointly own the following household goods to be divided as follows: 1) To Husband: Gun Collection with exception of guns belonging to Brooks, Brice or Beth. Gun Safe, Chevy Table and Chairs Currently in Breakfast Area, Roll Top Desk, Barrister Bookcase, Yamaha Piano, Early American Bedroom Suite, Pine Bed, Furnishings of 165 Woodview Road Property. 2) To Wife: Furnishings of 3707 Falkstone Drive, Mechanicsburg, Pa, (with exception of those listed For husband.) This End Up bed and dining room table and chairs from 165 Woodview Road, Cub Cadet Lawn Tractor, S&W.38Sp Airweight with Crimson Trace Grips. B. AUTOMOBILES Husband and Wife jointly own the following automobiles to be divided as follows: 1) To Husband: 2007 Ford F-150 Super Cab Pickup Truck 2000 Kawasaki Ninja 650 Motorcycle 6' x 8' Cargo Pro Utility Trailer 2) To Wife: 2002 Ford Explorer XLT 2006 Mini Cooper S 1960 Chevy Impala C. OTHER PERSONAL PROPERTY Husband and Wife own the following other personal property to be divided as follows: 1) To Husband: 50% of Medtronic Stock (1335 shares). 50% of 401 k Vanguard Account. 2) To Wife: 50% of Medtronic Stock (1335 shares). 50% of current (11/29107) value of 401 k Vanguard Account due when funds can be accessed / transferred without penalty. 4. BANK ACCOUNTS Husband and Wife jointly hold the following bank accounts: Commerce Bank, Camp Hill, Pa. Checking and Savings The above mentioned accounts shall be divided as follows: 1) To Husband: Commerce Bank 50%. 2) To Wife: Commerce Bank 50%. 3) To Wife: The sum of $7,500.00 cash owed by Travis Finkenbinder. To be paid upon receipt of funds from Travis, or upon Husband receiving settlement from Medtronic Inc., whichever occurs first. 4) To Wife: 50% of funds received as a result of settlement of EEOC suit with Medtronic Inc., payable immediately upon receipt of funds by husband. Page 3 of 6 Hus 's Initials wi e's Initials 5. DEBTS 1) Husband agrees to pay and assume all responsibility for the following debts: All debts pertaining to 165 Woodview Road, Biglerville, Pa. Bank of America US Airways Credit Card 2) Wife agrees to pay and assume all responsibility for the following debts: All debts pertaining to 3707 Falkstone Drive, Mechanicsburg, Pa. Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability. Husband and Wife agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement. 6. TAX LIABILITY A. Husband and Wife agree that any joint tax liability shall be assumed as follows: None Known. B. The custodial parent shall have the sole right to claim as a dependent for state and federal income tax purposes any child over which he or she has custody. In the event of joint custody, the Husband and Wife agree as follows with respect to who shall hold this right: Husband 7. LIFE INSURANCE A. Husband owns the following life insurance policies naming Wife as beneficiary: Knights of Columbus Whole Life 010EE13952 100, 000.00 Knights of Columbus Whole Life 0102231603 105,000.00 Knights of Columbus Term Life 0102231602 100,000.00 Husband agrees that Wife shall remain the beneficiary of the following life insurance policies: All above. Should Husband change beneficiary, 50% of cash value is immediately due to wife. Page 4 of 6 ?y/fN Hus s Initials Wife's Initials B. Wife owns the following life insurance policies naming Husband as beneficiary: Knights of Columbus Term Life 0102231604 50, 000.00 Wife agrees that Husband shall remain the beneficiary of the following life insurance policies: All Above. 8. HEALTH INSURANCE Husband and Wife agree as follows in relation to their respective health care coverage: Husband agrees to maintain wife on existing policy so long as it remains legal to do so, and wife has not removed herself from same by obtaining a policy of her own. 9. SPOUSAL SUPPORT A. Husband shall pay to Wife spousal / child support in the sum of 50% of net pay,(as defined by Pennsylvania state schedule) biweekly, beginning on the 7th day of December, 2007. Husband shall continue to pay this sum for a period of 6 years, subject to the following mutually agreed upon conditions: Payments to end with the last payment due prior to the 1 a day of September, 2013. 10. CHILD SUPPORT A. See 9. B. All payments of child support shall be made directly to the parent to whom the child support payments are due; however, the parent to whom payments are due reserves the right to require, upon written notice to the paying parent, such child support payments to be paid directly to the appropriate state agency, official, or court designated by the laws of the Commonwealth of Pennsylvania to receive and disburse such child support payments. C. In the event the obligated parent's income increases, the amount of child support shall be increased proportionately, and such increase shall be computed effective the date of the increase. D. As additional child support, the obligated parent shall maintain medical and dental insurance on behalf of each child and shall pay one half of any medical expenses not covered by said insurance. 11. LEGAL NAME Husband and Wife agree that that upon the court's ordering a DECREE OF DIVORCE, Wife shall have the right to retain her married name or shall also have the right to return to her maiden or former name: Beth Ann Sullivan. 12. FINAL AGREEMENT This agreement sets forth the entire agreement and understanding between the Husband and Wife < relating to the settlement of martial property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged. Page 5 of 6 us 's Initials Wife's Initials 13. ACKNOWLEDGEMENT Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement. 14. CHOICE OF LAW Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. Signed and dated this %2 day of 49e'«4 20 Wife Husband Z 4, Witness #1 for Wife )? n tness #E2 for Wife Wit ss #1 for Husband r I ne #2 or usband CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF This [Notary Seal, if any]: before me j Date] by of principal], Notary Public for the Commonwealth of Pennsylvania ?U-.MIM NJiVEAM My commission Page 6 of 6 k Husb d' itials Wife's Initials ????i MAILING ADDRESS: P. O. BOY lee LEMOYNE, PA 17043 E-MAIL: La,.Andea*aol.com Leslie Beam, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 9 June 2009 RE: Bernard W. Girman, Jr. Beth Girman has brought to me the divorce complaint you filed and the proposed property settlement agreement which you prepared. I write in response to both. TELEPHONE (7171 761.3361 FAX (717) 761.1435 My client tells me that the provisions of your proposed agreement regarding the division of property are satisfactory to her. The provisions of the agreement regarding alimony, however, are significantly different than the parties' last discussion. During their last discussion, Mr. Girman told his wife that he would pay 50% of his income as alimony. I believe that will be satisfactory with my client but we need some confirmation of his current income. My client tells me that he recently accepted a significant promotion within the company and his earnings have increased significantly. We would like to see a copy of his employment contract for that new position and a copy of his most recent paycheck stub so we can verify his income. If it is what my client believes it will be, she is willing to accept 50% of his income for her alimony claim. She is not willing to agree to alimony for five years as proposed in your agreement. We believe the alimony should be for an indefinite term so that the parties can determine the length of time be pays alimony haled upon firt>>re circumstances. The parties were married for approximately 14 years at the time of their final separation and, if the case were litigated, the court would almost certainly grant her alimony for an indefinite term. We are not talking about perpetual alimony, only alimony without a fixed term at the present time with that term to be decided based upon future financial circumstances. Please review these two points with your client and get back to me with his response. When you do, please provide me with a copy of his recent paycheck stub and his employment agreement or some other document which describes his new position and its compensation arrangements. Sincerely, 4"Se . rides cc: Ms. Beth Ann Girman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Bernard W. Girman, Jr., Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Amended Petition for Declaratory Judgment and Equitable Estoppel was served upon John M. Kerr, Esquire, counsel for Defendant, by depositing same in the United States mail, first class, on January 18, 2011, addressed as follows: John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, JJA 17055 Date: HqW> , K15SINGER & HOLST, P.C. 130 Wa ut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE ORDER rnm ;zm -- r ? ?U 40 cl 6 cz N) -,.., Cn AND NOW, this ? day of _, 2010, upon consideration of the within Amended Petition for Declaratory Judgment and Equitable Estoppel, it is hereby ORDERED that: 1. A Rule is issued by Respondent, Beth A. Girman, to show cause why the Petitioner is not entitled to the relief requested. 2. The Respondent shall file an Answer to the Petition within days of service upon the Respondent. 3. The Petition shall be decided under Pa.R.C.P. No. 206.7. 4. An evidentiary hearing on disputed facts, if necessary, and argument shall be held on the of , 2010, at 3 ; 077 in. in Courtroom No. of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 5. (a) The Petitioner shall file Brief in support of the Petition within 30 days of the date of this Order. Any party opposing the Petition shall file a responsive Brief within 7 days of service of the Petitioner's Brief or (b) The filing of Briefs is not necessary. 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: Distribution: ?Lesley J "'John M. Beam, Esquire, P.O. Box 810, Harrisburg, PA 17108, Telephone: (717) 234-2616 Kerr, Esquire, 5020 Ritter Road, Suite 109, Mechanicsburg, PA 17055, (717) 766-4008 A('?'" nn jp? ??` I II I D!? BERNARD W. GIRMAN, JR., Plaintiff vs. BETH A. GIRMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3482 CIVIL IN RE: PLAINTIFF'S AMENDED PETITION FOR DECLARATORY JUDGMENT AND ESTOPPEL ORDER AND NOW, this day of March, 2011, following hearing, the request of the plaintiff for a declaration that the so-called "Internet Document" is not a valid, enforceable contract is DENIED, the Court being satisfied that said agreement is enforceable and that the parties, in fact, have already complied with various of its provisions. BY THE COURT, Kevin . Hess, P. J. Lesley J. Beam, Esquire For the Plaintiff Mai ohn M. Kerr, Esquire 0.pje3 J 18fl ; For the Defendant 31 :rlm s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE OFFICE OF THE PROTHONOTARY: Li 2 L - CIIF -v r- D s? -+o C3 2? 3 2? c7 > .?. Q rn --c Please enter the Plaintiff's voluntary withdrawal of said party's economic claims raised in the divorce complaint, specifically Count III -- Equitable Distribution, raised on June 9, 2008. Date: ` /1) 6Z ) 0 k 1 I A A LPRt- / 1 A-- O rslty Y. beam, Esquire TT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Bernard W. Girman, Jr., Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw Economic Claims was served upon John M. Kerr, Esquire, counsel for Defendant, Beth A. Girman, via facsimile and by depositing same in the United States mail, first class, on March 22, 2011, addressed as follows: John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Date: q 5 0 d ah t" Le,?ley kAeanC Esquire WETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. C] BERNARD W. GIRMAN, JR., Plaintiff V. BETH A. GIRMAN., Defendant • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYgANIIA ? n NO. 2008-3482 a m -' r :z= r- - v :;0 rn? -v rn CIVIL ACTION - LAW <> C? O IN DIVORCE r-? D „-t c: r ?M o > DEFENDANT BETH GIRMAN'S COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): [x] (a) I do not oppose the entry of a divorce decree. [ ] (b) I oppose the entry of a divorce decree because (Check [i], [ii], or both: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): [ ] (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. [x] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. .7 • I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Date: Lai L2 Beth A. Girman, Defendant BERNARD W. GIRMAN, JR., Plaintiff V. BETH A. GIRMAN., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE DEFENDANT BETH GIRMAN'S STATEMENT OF ECONOMIC CLAIMS C-? c -D rnW 3 :zr*n ar? ?A r I> C-) C:> S> ? -s r? s? -o Q1 -v s X, 0 __j AND NOW, comes Beth A. Girman, Defendant in the above-captioned matter, by her counsel, John M. Kerr, Esquire, pursuant to Pa.R.Civ.P. 1920.42(d)(2), and files the within Statement of Economic Claims accompanying her Counter-Affidavit under §3301(d) of the Divorce Code, representing as follows: BACKGROUND Y1. hn 1<err awPC 5020 Ritter Road Suite 104 Mechanlcshurg,PA 17055 Poor 717.766.4008 FAx: 717.766.4066 1. On or about December 3, 2007, the parties hereto entered into a "Marital Settlement r? OrC) ;;V C) -t C?, CD -n C5 C-) Tj .-el Agreement," which by its terms sought to resolve child custody and visitation; personal and real property; and various other matters. 2. In the final "Whereas" paragraph, the parties were specific, that they intended the agreement "to be a final disposition regarding the marital issues addressed herein..." (emphasis added). 3. The Agreement did not address the twin issues of alimony and counsel fees. 4. In late 2010, Plaintiff Bernard W. Girman, Jr. filed a Petition seeking a Declaratory Judgment that the so-called "internet" Marital Settlement Agreement was not enforceable. Nevertheless, after Hearing on February 18, 2011, by Order dated March 18, 2011, President Judge Kevin Hess ruled that it was, indeed, an enforceable agreement. 5. At the Pre-Trial Conference before Divorce Master Eliciker, Defendant Beth A. Girman, at the time proceeding pro se, requested alimony for fourteen (14) years in the amount of $3,376.50. 6. When Defendant Beth Girman revealed the existence of the Marital Settlement Agreement, Divorce Master Eliciker indicated that the Agreement should be the subject of a Request for a Declaratory Order. ALIMONY YI.hn err aw, PC 5020 Potter Road State 104 McCharUCSbUrg, PA 17055 P1tor E: 717.766.4008 FAx: 717.766.4066 7. The averments of paragraphs 1-6 are incorporated by reference, as if fully set forth in their entirety. 8. Defendant Beth Girman was a full-time homemaker for the entire period of time after the parties' son was born and lacks the earning capacity to fully support herself through appropriate employment. 9. Defendant's sole and separate property, including marital property yet to be divided pursuant to the Marital Settlement Agreement, is insufficient to provide for her reasonable needs. 10. Defendant's years of unpaid services as a full-time homemaker contributed to the greatly increased earning power of Plaintiff, by permitting him to devote his full energies to increasing his own earning capacity. 11. Plaintiff Bernard Girman has substantially dissipated the marital property subject to distribution pursuant to Marital Settlement Agreement. 12. Plaintiff's earning potential dictates that he will be financially able to provide for the reasonable needs of Defendant. WHEREFORE, Defendant Beth A. Girman requests that she be awarded a reasonable sum as alimony following the entry of a decree in divorce. REQUEST FOR COUNSEL FEES AND EXPENSES 13. The averments of paragraphs 1-6 and 7-12 are incorporated by reference, as if fully set forth in their entirety. 14. Plaintiff Bernard Girman has filed numerous pleadings since 2008 which has required Defendant Beth Girman to retain counsel and has unnecessarily extended the litigation of this divorce. 15. Plaintiff has the earning capacity and resources to reimburse Defendant for having to expend such sums for counsel fees and expenses. WHEREFORE, Defendant requests an award of reasonable counsel fees and expenses. Respectfully yours, U., W. a,, J n M. Kerr, Esquire Attorney I.D. #26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: April 6, 2011 PC \/?ohn 4 er11111 a 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Ptiorp: 717.766.4008 FAx: 717.766.4066 I L 0 • VERIFICATION The undersigned hereby states that she is the Defendant in the foregoing divorce action and, as such, is authorized to execute this Verification, and that any factual statements contained in the foregoing Statement of Economic Claims is true and correct to the best of her knowledge, information and belief. She understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ikI,Z Beth Girman CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Defendant Beth Girman's Statement of Economic Claims," on the below-named individual in the manner indicated: First-Class Mail, Postage Prepaid Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walunt Street P.O. Box 810 Harrisburg, PA 17108 - Q"e )W d, Joh 011. Kerr, Esquire 502 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: April 6, 2011 Y11.1,n j<err aw, PC 5020 Ritter Road Su1te 104 MechaNCSburg, PA 17055 PHONE: 717.766.4006 FAx: 717.766.4066 Lesley J. Beam, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. ILEc0-9l -F,IuE E t"ice t? „c 1, }; A 2 } fir} 12: 1 j F) E .9 L 1, 7 -V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., Plaintiff V. BETH A. GIRMAN, Defendant TO: Beth A. Girman, Defendant c/o John M. Kerr, Esquire 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days of service hereof or a j Date: --1 1,)1bnU may be entered against you. l lwett, Wissinger & Holst, P.C. 130 Walnut Street. P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., Plaintiff ) NO. 2008-3482 V. ) BETH A. GIRMAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE ORDER OF COURT AND NOW, this day of , 2011, upon consideration of Plaintiff's Preliminary Objections to Defendant's Counter-Affidavit and "Statement of Economic Claims," it is hereby ORDERED and DECREED that said Preliminary Objections are SUSTAINED. Accordingly, Defendant's Counter-Affidavit and "Statement of Economic Claims" are hereby DISMISSED. Grounds for the divorce have been established and all economic claims incident to the marriage of the parties were resolved in the agreement which this Court ruled to be a valid marital settlement agreement on March 24, 2011. Plaintiff may file a Praecipe to Transmit the Record for entry of a divorce decree. Defendant shall pay counsel fees in the amount of to Plaintiff no later than 7 days from the date of this Order. BY THE COURT: Kevin A. Hess, J. Distribution: Lesley J. Beam, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 John M. Kerr, Esquire, 5020 Ritter Road, Suite 104, Mechanisburg, PA 17055 (717) 766- 4008. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) V. ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S COUNTER- AFFIDAVIT AND "STATEMENT OF ECONOMIC CLAIMS" AND NOW, comes Plaintiff, Bernard W. Girman, Jr., by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Preliminary Objections to Defendant's Counter-Affidavit and "Statement of Economic Claims" on the basis of legal insufficiency of the pleading and failure of a pleading to conform to law and rule of court, and in support thereof avers as follows: Objecting party is Bernard W. Girman, Jr. ("Husband"), Plaintiff in the above-captioned child and spousal support action. 2. Respondent is Beth A. Girman ("Wife"), Defendant in the above- captioned divorce action. 3. Husband filed a complaint in divorce on June 9, 2008, raising counts for a no-fault divorce under § 3301(c) and § 3301(d) of the Divorce Code, and for equitable distribution of the assets. Wife did not file an answer, counterclaim, petition or any other pleading raising counts for any economic claims. 4. On February 11, 2011, Husband filed an Affidavit under 3301(d), which was served upon Wife on April 12, 2010. This affidavit stated, in accordance with Pa R.C.P. 1920.72(d), "If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served upon you or the statements will be admitted." 5. Wife did not file any counter-affidavit within twenty days of the date of service of affidavit, and did not file any counts for economic claims at that time. 6. On June 30, 2010, Husband filed a Motion for Appointment of the Master. Wife had not filed any counts for economic claims at that time. 7. Wife had also not filed any counts for economic claims when the Divorce Master was appointed and required the filing of pretrial statements by the parties. Husband and Wife both filed pretrial statements in advance of the pretrial conference before Divorce Master Elicker on September 3, 2010, although only Husband served Wife with a complete copy of his pretrial statement in compliance with Pennsylvania Rules of Civil Procedure. 9. At the pretrial conference before Divorce Master Elicker on September 3, 2010, Wife, for the first time, objected to Master Elicker's determination of the distribution of the parties' estate and claimed that the parties had entered into an agreement resolving all claims (hereinafter the "Agreement"). The Agreement was a document signed by both parties to the divorce on December 3, 2007, which is attached hereto as Exhibit "A". 10. Master Elicker informed Wife at that conference on September 3, 2010 that he was unable or unwilling to hear the case and issue a recommendation until this Honorable Court ruled on the enforceability of the Agreement. 11. At that conference, Master Elicker instructed Wife, who was unrepresented at that time despite her prior representation by Attorneys Carol Lindsay and 2 Samuel Andes, to file a Petition for Declaratory Judgment to determine the validity of the Agreement. 12. Wife did not file the petition as instructed by Master Elicker. 13. On December 1, 2010, Husband filed a Petition for Bifurcation due to concerns that his divorce would be even further delayed due to Wife's dilatory conduct in failing to file a Petition for Declaratory Judgment. Wife filed an Answer to this petition on December 27, 2010, denying all matters and asking for a hearing to be scheduled on the petition. No order was entered scheduling a hearing. 14. On December 17, 2010, Husband filed a Petition for Declaratory Judgment asking this Honorable Court to deem the Agreement to be unenforceable as a binding marital settlement agreement. 15. On January 11, 2011, Wife filed preliminary objections against the petition for declaratory judgment filed by Husband, the very pleading that she was instructed to file by the Divorce Master based on her assertion in the pretrial conference that there was no need for discussion of'the financial issues of the parties as there was a valid agreement entered into between the parties and all of the economic issues had already been determined. Husband filed an amended petition for declaratory judgment citing to this Court's authority to determine this issue, at additional expense; Wife filed no objection to this pleading. 16. Wife filed an answer to the petition for declaratory judgment and for bifurcation alleging to the Court that there was a binding and enforceable Agreement in place that prevented the Court from proceeding with distribution of the estate through the Divorce Master. 3 17. On February 18, 2011, the Honorable Kevin A. Hess conducted a hearing with the parties to determine the enforceability of the Agreement. As requested by Wife, this Court found the Agreement to be valid and enforceable by Order dated March 18, 2011. 18. Pursuant to the Order entered by Judge Hess on March 18, 2011, Husband withdrew economic claims by Praecipe on March 23, 2011, and notified Master Elicker of the ruling, whose appearance was subsequently vacated on March 24, 2011. 19. Husband served Wife with a Notice of Intention to Seek a Divorce Decree on March 22, 2011. 20. On April 6, 2011, Wife filed a counter-affidavit, and a "Statement of Economic Claims". 21. Said "Statement of Economic Claims" is not a counterclaim raising counts to the divorce, nor is it a petition raising counts to the divorce. It is not believed that Wife paid the requisite fees for the raising of additional financial claims. 22. Undersigned counsel believes that this Court can enter a divorce decree as no additional economic claims have been properly filed. 23. However; to prevent Husband from being foreclosed from filing preliminary objections to the "Statement of Economic Claims" and counteraffidavit due to the lapsing of time, should the Court deem such to be a pleading, Husband is filing these objections contemporaneously with a Praecipe to Transmit the Record. LEGAL INSUFFICIENCY (DEMURRER) 24. The prior paragraphs of these Preliminary Objections are incorporated herein by reference thereto as if set forth at length herein. 4 25. Wife is foreclosed from asking the Court for economic claims where a marital settlement agreement has been executed by the parties, has been found to be valid and enforceable, and settles all matters incident to the divorce. 26. The Agreement contained the following language: "Whereas, we mutually desire to settle by agreement all matters regarding our marital affairs, [emphasis added], child custody and visitation, personal and real property, and finances [emphasis added]." See page 1 of the Agreement attached hereto as Exhibit "A". 27. The Agreement also contained the following language: "Whereas, we mutually intend for this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into subsequent DECREE OF DIVORCE." 28. The "marital issues" of support for spouse and child are both explicitly contained within the Agreement. Paragraph 9 of the Agreement concerns spousal support, which is the term used for support of spouse (whether before or after divorce) in the Agreement. The Agreement mandates that "Husband shall pay to wife unallocated child/spousal support in the sum of 50% of net pay, (as defined by Pennsylvania state schedule) bi-weekly, beginning on the 71h day of December, 2007. Husband shall continue to pay this sum for a period of 6 years, subject to the following mutually agreed upon conditions: Payments to end with the last payment due prior to the 1't day of September." 29. It is disingenuous of Wife to attempt to claim to this Court that this wasn't a provision for alimony, when the payment has a duration of payment that lasts 6 years from the time of an agreement that was drafted to facilitate the parties' resolution of all issues attendant to the divorce. 30. Because this Agreement was explicitly stated to address all matters regarding our marital affairs, [emphasis added], child custody and visitation, personal and real property, and finances [emphasis added], any lack of inclusion of payment of additional money for counsel fees or additional spousal support in the form of the alimony now desired by Wife demonstrates that alimony (beyond that already provided) and counsel fees were not part of the parties' contract. 31. To ask the Court for the benefit of the bargain (where the provisions award Wife the lion's share of the marital estate), and then ask the Court to disregard the Agreement where the bargain is less providential is in bad faith, and is contrary to the purpose of contracting. 32. In every valid and enforceable contract, the parties to that contract must be held to the terms of the contract regardless of if that contract is a bad bargain. 33. Wife previously argued that Husband must be held to the terms of the Agreement even when that Agreement divided the property in a profoundly inequitable manner, and this Court granted her request. 34. Pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure, preliminary objections may be filed to any pleading but are limited to the eight (8) enumerated grounds. 35. Per Pa.R.C.P. 1028(a)(4), a party may object preliminarily to a pleading where the pleading is legally insufficient. 36. Where a pleading is deemed legally insufficient, the Court is empowered to dismiss it summarily without hearing. 37. Where a contract is unambiguous, the court is bound to enforce the Agreement as stated, without even the necessity of determination of intent. 6 38. Here, the parties clearly contracted that Wife was to receive support for herself and the child for a period of 6 years from the parties' separation. The amount of support was set by the contract. Wife received certain property as part and parcel of a negotiated bargain that included both distribution and support. There is no authority for the Court to impose an additional burden of support or modify the existing provision for support. 39. There is no authority for the Court to require Husband to pay Wife counsel fees where there is nothing within the Agreement that would require such a payment.' 40. Because the parties entered into a contract disposing of all claims incident to the parties' marriage, and dissolution thereto, the Court has no authority to grant Wife additional support or property outside of the terms of the Agreement. 41. As a result of defending against this "Statement of Economic Claims," Husband has incurred attorney's fees, in the amount of $1,545, at the time of this filing. This does not include any fees which may be incurred should there be an Order requiring hearing, argument or briefing of the law. 42. Pursuant to 42 Pa.C.S. § 2503, a party to a civil action can receive counsel 'Wife now argues that she was forced to hire counsel to defend herself. Wife hired an attorney after the Agreement was signed, when Husband wasn't represented. When Husband raised a claim for equitable distribution in his complaint for divorce in 2008, neither Wife nor counsel for Wife raised a single objection with the court, nor sent a single letter to Husband telling him that equitable distribution had been resolved by a binding agreement. Wife did not mention the Agreement to the undersigned or a single officer of the court, despite multiple support proceedings and pleadings, until the preliminary conference before Divorce Master Elicker on September 3, 2010. Wife now seeks remedies that were disposed of in the Agreement. For Wife to request counsel fees for hiring counsel to defend against the allegation that there was an enforceable contract when she failed to even mention the existence of a binding Agreement for over two years from the date of the divorce is ludicrous, and inflammatory. 7 fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter. 42 Pa. Cons. Stat. Ann. § 2503 (West). 43. Wife's conduct, in asking this court to go outside of the Agreement that she so recently asked the court to uphold, is dilatory, obdurate and vexatious. 44. Husband asks this Court to enter an Order compelling Wife to reimburse him for those fees he is now forced to expend to finalize his divorce. WHEREFORE, Husband respectfully requests this Honorable Court sustain his Plaintiff's Preliminary Objections to Defendant's Counter-Affidavit and "Statement of Economic Claims" and enter an order summarily dismissing Wife's Counter-Affidavit and "Statement of Economic Claims," finding that grounds for the divorce have been established and all economic claims incident to the marriage of the parties were resolved in the Agreement, ruling that Husband may file a Praecipe to Transmit the Record for entry of a divorce decree, and directing Wife to reimburse Husband's counsel fees in bringing these preliminary objections in the amount of $1,545.00 no later than 7 days from the date of this Order. Date: L4 a i ?,o o PIOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Bernard W. Girman, Jr. 8 VERIFICATION I, Lesley J. Beam, Esquire, hereby swear and affirm that the facts contained in the foregoing Plaintiffs Preliminary Objections to Defendant's Counter-Affidavit and "Statement of Economic Claims" are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff and from my own first-hand knowledge and that said facts are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: e4 e J. Beam, Esquire T ?Xtb'81 :( / /.'? v .?. /?/v"?,Mi?J.M..'.N.^lV n/`^?'..l ?V•/?.N,?N'?'f NJ .//' J• /`. '/.^ ? V^?? ? .^/ /"V?/'./N N MARITAL SETTLEMENT AGREEMENT AGREEMENT made on this 3rd day of December, 2007, by and between Beth Ann Girman (hereinafter 5> referred to as "Wife"), who resides at 3707 Falkstone Drive, Mechanicsburg, Pa 17050 and Bernard W ?< Girman, Jr (hereinafter referred to as "Husband"), who resides at 165 Woodview Road, Biglerville, Pa 17037. WHEREAS, we were married on the 2"d day of December, 1993, in Williamsport, Pa., and we now< s mutually desire to dissolve our marriage and mutually agree to live permanently separate and apart from each other, as if we were single; WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each other regarding all financial and property matters pertaining to this marital settlement agreement; WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, child custody and visitation, personal and real property, and finances; WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent DECREE OF DIVORCE. THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide our property and finances according to the following mutually agreed upon terms and conditions: 1. CHILDREN Husband and Wife have the following child bom or adopted into their marriage: Name: Brooks Christian Girman A. CUSTODY Date of Birth: September 26th, 1994 To settle all issues in relation to custody in a manner consistent with the best interest of the child, Husband and Wife agree as follows: Husband and Wife shall have joint custody of Brooks with regard to legal matters. Wife shall have sole physical custody. B. VISITATION To settle all issues in relation to the visitation rights in a manner consistent with the best interest of the child, Husband and Wife agree as follows: 1) Husband shall have the following rights of visitation: Weekends: Husband shall have visitation rights on every other weekend. Weekdays: Husband shall have visitation at the mutually agreed upon times at the convenience of the parties. Page 1 of 6 In'? Hus s Initials Wife's Initials 'J ?.: '??'??. ?:???WV';J?/?./'.r?_?.'V?-N?/`..". ./ - ',I?' ^f ??i N.^J???'f? :/':/':,'V?/'?.:V./.?f????^??/v ??.N i?. J:N?'.: J.: ?:%?.• .. Yearly Vacation: Husband shall have visitation rights for the following vacation periods each year: As agreed by the parties. 2) Wife shall have the following rights of visitation: As agreed by the parties. 2. REAL ESTATE A. RESIDENCE Husband shall reside at 729 15th Street, New Cumberland, Pa 17070 Wife shall reside at 3707 Falkstone Drive, Mechanicsburg, Pa 17050 B. HOMESTEAD Husband and Wife own the following real property as their family residence, located at 3707 Falkstone Drive, Mechanicsburg, Pa 17050 Husband and Wife agree that Beth and Brooks shall continue to reside at the above mentioned family residence. Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows: 1) Title: Husband shall have the following rights of title and ownership in the family residence: NONE Wife shall have the following rights of title and ownership in the family residence: SOLE 2) Expenses, Mortgage and Maintenance: Husband shall be responsible for and pay the following expenses regarding the family residence: NONE Wife shall be responsible for and pay the following expenses regarding the family residence: ALL C. OTHER REAL ESTATE Husband and Wife jointly own the following other real estate to be divided as follows: 1) To Husband: 165 Woodview Road, Biglerville, Pa 17037 Page 2 of 6 u s Initials Wife's Initials 'v /W ??'?. 'V.N?'.N?/'? f ./?? t .//? ? •? ,??/'? ^? I'??' Imo/' ? Jv 1???`? V' / l?/-??/?VV`? / ?/'!? ! ? / 3. PERSONAL PROPERTY A. HOUSEHOLD GOODS Husband and Wife jointly own the following household goods to be divided as follows: 1) To Husband: Gun Collection with exception of guns belonging to Brooks, Brice or Beth. Gun Safe, Cherry Table and Chairs Currently in Breakfast Area, Roll Top Desk, Barrister Bookcase, Yamaha Piano, Early American Bedroom Suite, Pine Bed, Furnishings of 165 Woodview Road Property. 2) To Wife: Furnishings of 3707 Falkstone Drive, Mechanicsburg, Pa, (with exception of those listed For husband.) This End Up bed and dining room table and chairs from 165 Woodview Road, Cub Cadet Lawn Tractor, S&W.38Sp Airweight with Crimson Trace Grips. B. AUTOMOBILES Husband and Wife jointly own the following automobiles to be divided as follows: 1) To Husband: 2007 Ford F-150 Super Cab Pickup Truck 2000 Kawasaki Ninja 650 Motorcycle 6' x 8' Cargo Pro Utility Trailer 2) To Wife: 2002 Ford Explorer XLT 2006 Mini Cooper S 1960 Chevy Impala C. OTHER PERSONAL PROPERTY Husband and Wife own the following other personal property to be divided as follows: 1) To Husband: 50% of Medtronic Stock (1335 shares). 50% of 401k Vanguard Account. 2) To Wife: 50% of Medtronic Stock (1335 shares). 50% of current (11/29/07) value of 401 k Vanguard Account due when funds can be accessed / transferred without penalty. 4. BANK ACCOUNTS Husband and Wife jointly hold the following bank accounts: Commerce Bank, Camp Hill, Pa. Checking and Savings The above mentioned accounts shall be divided as follows: 1) To Husband: Commerce Bank 50%. 2) To Wife: Commerce Bank 50%. 3) To Wife: The sum of $7,500.00 cash owed by Travis Finkenbinder. To be paid upon receipt of funds from Travis, or upon Husband receiving settlement from Medtronic Inc., whichever occurs first. 4) To Wife: 50% of funds received as a result of settlement of EEOC suit with Medtronic Inc., payable immediately upon receipt of funds by husband. Page 3 of 6 Hus d's initials W? e's Initials ? , J?.l. .,?/ ?`f??.N?./-? N ? /'? ?V?!'J'??/'/./'?./??v????'-/-J??? ? ,/'?•.. IJ /-.; ?.N ??/'. ?. /"?/?/? `? ./`mi'l /?/'?"??.' 'V?.?i 5. DEBTS 1) Husband agrees to pay and assume all responsibility for the following debts: All debts pertaining to 165 Woodview Road, Biglerville, Pa. Bank of America US Airways Credit Card 2) Wife agrees to pay and assume all responsibility for the following debts: All debts pertaining to 3707 Falkstone Drive, Mechanicsburg, Pa. Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability. Husband and Wife agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement. 6. TAX LIABILITY A. Husband and Wife agree that any joint tax liability shall be assumed as follows: None Known. B. The custodial parent shall have the sole right to claim as a dependent for state and federal income tax purposes any child over which he or she has custody. In the event of joint custody, the Husband and Wife agree as follows with respect to who shall hold this right: Husband 7. LIFE INSURANCE A. Husband owns the following life insurance policies naming Wife as beneficiary: Knights of Columbus Whole Life 010EE13952 100, 000.00 Knights of Columbus Whole Life 0102231603 105,000.00 Knights of Columbus Term Life 0102231602 100,000.00 Husband agrees that Wife shall remain the beneficiary of the following life insurance policies: All above. Should Husband change beneficiary, 50% of cash value is immediately due to wife. Page 4 of 6 i Hus s initials fife's Initials i. _ _ _ /i'v .nom???, ?%J:%..?_..?/"???.??.^./V./?/.. :/...'V ?v"?'.-'??/?/ ^..'?....?n.l??.i v-.??r??`?`?..-f..., ?'????:'??N ?'.. ?"..?%'J. . .i l???fvli %f?????. ? .. .. B. Wife owns the following life insurance policies naming Husband as beneficiary: Knights of Columbus Term Life 0102231604 50,000.00 Wife agrees that Husband shall remain the beneficiary of the following life insurance policies: All Above. 8. HEALTH INSURANCE Husband and Wife agree as follows in relation to their respective health care coverage: Husband agrees to maintain wife on existing policy so long as it remains legal to do so, and wife has not removed herself from same by obtaining a policy of her own. 9. SPOUSAL SUPPORT A. Husband shall pay to Wife spousal / child support in the sum of 50% of net pay,(as defined by Pennsylvania state schedule) biweekly, beginning on the 7th day of December, 2007. Husband shall continue to pay this sum for a period of 6 years, subject to the following mutually agreed upon conditions: Payments to end with the last payment due prior to the 1st day of September, 2013. 10. CHILD SUPPORT A. See 9. B. All payments of child support shall be made directly to the parent to whom the child support payments are due; however, the parent to whom payments are due reserves the right to require, upon written notice to the paying parent, such child support payments to be paid directly to the appropriate state agency, official, or court designated by the laws of the Commonwealth of Pennsylvania to receive and disburse such child support payments. C. In the event the obligated parent's income increases, the amount of child support shall be increased proportionately, and such increase shall be computed effective the date of the increase. <s D. As additional child support, the obligated parent shall maintain medical and dental insurance on behalf of each child and shall pay one half of any medical expenses not covered by said insurance. 11. LEGAL NAME Husband and Wife agree that that upon the court's ordering a DECREE OF DIVORCE, Wife shall have the right to retain her married name or shall also have the right to return to her maiden or former name: Beth Ann Sullivan. 12. FINAL AGREEMENT This agreement sets forth the entire agreement and understanding between the Husband and Wife relating to the settlement of martial property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged. Page 5 of 6 us s Initials Wife's Initials N?/.i V?/ ?/?,^/?/?/?/'?'?.1,^ ?? ?V??Jf?V??/???????.N?./?/Y???t./?l..NV'?'./.??`NV?/??/`?'W?,/.n/'N-?%'?.' n/ ./?/?/? ^.^N?.NV??'??V./?/?W,:i 13. ACKNOWLEDGEMENT Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement. 14. CHOICE OF LAW Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. Signed and dated this day of OeeeOa? 20!?i ?z'4' . 41 AL Wife / Husband Witness #1 for Wife Wit rss #1 for Husband a `IA/itness for Wife ne #2 or usband CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA r COUNTY OF This document as acknowledged before me on_ - ? [Date] by ll/ name of principal]. [Notary Seal, if any]: ?- n t e d Notarial Officer) Notary Public for the Commonwealth of Pennsylvania -vMiWUNWEAi_TH OF PENNSYLVANW My commission expire NOTAR IAL SEAL : JAMES F Asa ff- - Public Camp Hill Bor , Cumberland Coungr My Commission Expires June 6, 2009 _....... _-,,,,,? _.. .I Page 6 of 6 Husb itials Wife's Initials IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., Plaintiff V. BETH A. GIRMAN, Defendant NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Bernard W. Girman, Jr., Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Preliminary Objections to Defendant's Counter-Affidavit and "Statement of Economic Claims," was served upon John M. Kerr, Esquire, counsel for Defendant, Beth A. Girman, by depositing same in the United States mail, first class, on April 21, 2011, addressed as follows: John M. Kerr, Esquire 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 Date: leark Esquire , KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Bernard W. Girman, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD W. GIRMAN, JR., ) Plaintiff ) ) V. ) ) BETH A. GIRMAN, ) Defendant ) NO. 2008-3482 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: C^ + 1 -- -4 CD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: complaint in divorce filed on June 9 2008 was served by certified mail on Defendant on June 13, 2008. Affidavit and return of service was filed on June 18, 2008. 3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: February 2, 2010; (2) date of filing and service of the plaintiff s affidavit upon the respondent: February 11, 2010 and served on April 20, 2010. 4. Related claims pending: none, all claims resolved by Property Settlement Agreement. 5. Date and manner of service?Qf the notice of intention to file praecipe to transmit record, a copy of which is attached: by. . dated March 22, 2011. Date: d Ihsle . Beam, Esquire ?bNNWY, KISSINGER & HOLST, P.C. 30 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Bernard W. Girman, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bernard W. Girman, Jr. V. Beth A. Girman DIVORCE DECREE AND NOW, Mft 3 2 0 1r , it is ordered and decreed that Bernard W. Girman, Jr Beth A. Girman bonds of matrimony. , plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. No. 2008-3482 By the Court, -,4. Attes J. Prothonotary 0,,, Cpy mailed io &-am IVo'Kx° t `" n -Ailed 46 ` itxl -eerr