Loading...
HomeMy WebLinkAbout08-4390CHARLES W. McCOBB, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. Og - H390 ?ivil `WM TINA L. McCOBB, CIVIL ACTION - LAW Defendant. 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 CHARLES W. McCOBB, Plaintiff, vs. TINA L. McCOBB, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. qU C`V/ 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 bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 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 CHARLES W. McCOBB, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Q ?- y3 yv C -1,J) c +tr TINA L. McCOBB, CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, CHARLES W. McCOBB, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is CHARLES W. McCOBB, an adult individual who currently resides at 160 Imperial Court, Carlisle, Pennsylvania 17013. Plaintiff may be served all legal papers through his counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is TINA L. McCOBB, an adult individual who currently resides at 113 W. Desert Hills Drive, Phoenix, Madcopa County, Arizona 85066. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. Defendant resided in Pennsylvania with Plaintiff in the marital residence prior to leaving Plaintiff on September 24, 2007. 4. The Plaintiff and Defendant were married on July 4, 2000, in Stafford, Virginia. 5. The Parties separated on September 24, 2007, when Defendant moved out of the marital residence and left the state. To the best of Plaintiff's knowledge, Defendant moved to Arizona to continue her relationship with another man. 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. Plaintiff was in the United States Marine Corps for 22 years until this year, but has retired from the Marine Corps. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this jurisdiction. Defendant has filed a complaint for divorce in Maricopa County, Arizona; however, said state does not have jurisdiction of this matter. Plaintiff has retained counsel in Arizona to have the aforementioned complaint dismissed. 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. Respectfully Submitted, Date: V116 VERIFICATION I, Charles W. McCobb, 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: 014 20of Charles W. McCobb 00 C r,, U1 N) ( ! 7 { C> -C 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 CHARLES W. McCOBB, Plaintiff, vs. TINA L. McCOBB, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4390 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Charles W. McCobb, Plaintiff, and states that service of the Divorce Complaint in this matter was made by him upon Defendant, Tina L. MCCobb, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 1350 0002 4778 9052, Return Receipt Requested on July 23, 2008, to her mailing address, at 113 W. Desert Hills Drive, Phoenix, AZ 85066 which mail was received by Defendant on July 31, 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. / XFFSLEV. BEAM, Esq. Attorney for Plaintiff J ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, j or on the front if space permits. 1 1. Article Addressed Mc 6 pll'-10 A Sign y e J ? Agent X ? Addressee B. Received by (Printed Nam D to of Delivery D. Is delivery address different from item 1 ? ? Yes If YES, enter delivery add _ below: ? No 3. Service type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Pnsferfrom servkekbel) 700 4 1350 0002 4778 905 2 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1W K O P E ASSOCIATES i AW ()1 i 1C'.i S I LC Shane R Kope, Esq. ¦ Jamb M. Jividen, Esq. ¦ Lesley J. Beam, Esq. July 23, 2008 VIA REGULAR AND CERTIFIED MAIL Tina L. McCobb 113 W. Desert Hills Drive Phoenix, AZ 85066 Re: McCobb v. McCobb No. 2008-4390 Dear Ms. McCobb, I represent Charles W. McCobb 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. McCobb. Thank you for your kind attention to this matter. Sincerely, KOPE & ASSOCIATES, LLC Lesley J. Beam, Esq. Enclosure Cc: Charles W. McCobb Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011 P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com F y w C..J Brian E. Sipe, Esquire Attorney I.D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215-805-0444 sipe,'a;attgM.e e com CHARLES W. McCOBB, Plaintiff/Respondent vs. TINA L. McCOBB, Defendant/Petitioner Attorney for Defendant IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4390 CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO SECTION 3323 OF THE DIVORCE CODE RESTRAINING DEFENDANT FROM CONTINUING A DIVORCE PROCEEDING IN PENNSYLVANIA TO THE HONORABLE JUDGES OF THE SAID COURT: Petitioner, Tina McCobb, by her attorney Brian E. Sipe, Esquire, files this Petition for Special Relief pursuant to §3323(f) of the Divorce Code requesting an immediate order restraining Respondent, Charles W. McCobb, from commencing or continuing a divorce proceeding in Pennsylvania pending the resolution of the divorce action properly filed under Arizona law and properly being heard by the Superior Court of Arizona, Maricopa County. In support of this petition for special relief, Petitioner respectfully represents as follows: 1. Petitioner is Tina McCobb, the defendant in this action. She resides at 113 W. Desert Hills Drive, Phoenix, Arizona, 85086. 2. Respondent is Charles W. McCobb, the plaintiff in this action. He was residing at 160 Imperial Court in Carlisle, but has, according to his neighbor and his landlord, moved without forwarding address. 3. The parties were married on July 4, 2000, and separated in or around August of 2007. PROCEDURAL BACKGROUND 4. As set forth in the attached complaint and related Motions, attached to this Petition as Exhibit "A," a Complaint was filed in Superior Court of Arizona for Maricopa County approximately one month prior to the filing of the above captioned Complaint. 5. The above captioned Complaint refers to the Arizona Complaint, showing proper service was made upon Charles McCobb. 6. The parties were married in and, during the marriage, lived in Stafford, Virginia. LACK OF CONTACTS WITH PENNSYLVANIA: 1. TINA MCCOBB HAD VERY LITTLE CONTACT WITH PENNSYLVANIA; 2. CHARLES MCCOBB ONLY MOVED TO PENNSYLVANIA TO ATTEND MILITARY TRAINING AND HAS NOW LEFT: 3. NO PROPERTY EXISTS IN PENNSYLVANIA 7. Charles McCobb only recently moved to Carlisle, Pennsylvania, for military training. Before this, he lived in New York state, having moved there from Stafford, VA. 8. Based upon information provided by a neighbor and his former landlord, he has moved away from Carlisle and has left no forwarding address. His landlord's name is Bob Salviano, 717-241-4025/717-245-4180. The neighbor's name is Ann Herr, 170 Imperial Court, Carlisle, PA 17013, 717-249- 7366. These persons can verify to this Court the above statement. 9. Charles McCobb has been forced to retire from the Marine Corp. after twenty two years due to marital infidelity. This is the source of the marital problems that led Tina McCobb to leave Charles McCobb. 10. Tina McCobb was in Pennsylvania for only seven weeks. The reason for this brief visit to Pennsylvania was an attempt to work out marital problems with Charles McCobb. This attempt was unsuccessful and she moved into her sister's home in Arizona. Tina McCobb was not in Pennsylvania long enough to change her voter registration or driver's license to Pennsylvania. 11. To the knowledge of Petitioner, no marital property exists in Pennsylvania. On information and belief, Charles McCobb has no property at all in Pennsylvania. The house in Stafford, VA, is the only real property relevant to this divorce. 12. Tina McCobb's primary motivations for relocating to Arizona was to be with family during this difficult period of her life. Since Charles McCobb had rented out the residence in Stafford, VA and moved to Carlisle, Tina McCobb had to choose between moving in with a husband who was being forced out of the military for cheating on her or to be homeless. She took her only other option, which was moving in with her sister and brother in law in Arizona. 13. Tina McCobb has no relationships with any other men at this time in Arizona, nor had she any during her marriage to Charles McCobb. The allegation that she moved to Arizona to continue a relationship is incorrect and cannot be substantiated. 14. As described in the prior Complaint filed in Arizona, Tina McCobb fulfills all jurisdiction requirements of that state. The time period is ninety days. She has been in Arizona approximately one year. Therefore, that state has already taken jurisdiction properly. (The Petition to Dismiss of Charles McCobb has yet to be heard, however, so technically that issue is still outstanding.) 15. Section 3323(f) of the Divorce Code provides: [I]n all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either parry or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. This Court, therefore, has the authority to issue an injunction restraining Charles McCobb from pursuing any divorce action in Pennsylvania and to either dismiss this case or continue it until such time as the Arizona court system issues a divorce decree. 16. The entry of the requested Order is necessary to protect the interests of the parties and to effectuate the purposes of the Divorce Code. 17. Further, the jurisdiction granted to Pennsylvania courts rests upon the intention that Pennsylvania interests be at stake. Since the parties to this Complaint were only temporary residents of Pennsylvania and procured no property at all in Pennsylvania, Pennsylvania's interest in effecting justice between residents is low, whereas the cost to this Court in time and money is considerable. WHEREFORE, Petitioner respectfully requests that this Honorable Court: 1. Enter an order enjoining the Respondent, Charles McCobb, from commencing a divorce proceeding in Pennsylvania; 2. Either dismiss or continue the current Pennsylvania action until the issues are resolved in Arizona; and 3. Order all costs for this Petition be paid by the Respondent Charles McCobb. Date: 1. S ipe Attorney for the Petitioner VERIFICATION I, Tina McCobb, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated C2, quos, J(I?MOLC6 Tina McCobb ll-ymlT'y °???'?Nr9L c0,4MA`A17- f1,1_011V EMI Z OAA AAIOR To CofnpLx/ju;r •3;'e Lrie t 1 ! iti? x -fie '1 i S qq tit J ri 1 ' RCiI*EE € ORBIN STEINER, P.C. ' r i F ROriee Korbin Steiner (16235) 60?0 E. Morgan Trail #220 I 3 Scotisdaie, Arizona 85258 C E ; 480-2&4-5252 iAttorney for 1t11iCJriBr 5 ` p t SUPERIQR COURT OF ARIZD 6 MARICOPA COUNTY , e i 7 In re 'the 'natter of: ) j E TINA L. McC013S, ) Case No: ii ) FN200-8--051200 9 Pet'tioner, ) i 10 ) PETITION FOR DISSOLUTION OF } MARRIAGE WTl-1OUT CHILDREN I 1 AND ) {Nan-Covenant} s 12 ' CHARLES w- McCoBs, } I I 1,3 I Respondent. } j 14 ? ) i 3 15 Comes Nmv the Petitoner, 't;na L. McCobb, by and through undersigned counsels 16 states and ails-des u-te fallowing: 17 . Wife's name is Tina L. McCobb. Her social security number is XXX-XX-5842 She currently resides at 113 W. Desert Hills Dr., Phoenix, Arizona, 85086 19 20 # She is currently unemployed. She has been a resident of the State of Arizonal E 2" i for over ninety (90) days. I I 22 I 2. Husband's name is Charles W. MCC obb, His social Security nurnbe- is xxx-xx-i 23 ?? ? 2707. He currently resides at 160 Imperial Gt., Carlisle; PA. 17013. To th i 24 i` best of Wife's knowledge, he has retired from active military and indicating he 25 ; T is unemployed. He is not a resident of the State of Arizona. 26 t i1 3 i 27 The parties were married on July 4, 2000 in Vitginla. 28 i 4. The marriage is irretrievable broken and the conciliation provisions of A-RS] 29 25-381.08 either do not apply or have been met. { i i E t Page I E; .. i Jlli7 lj ai 3 4 1 7 ! g ?l it .i l I 14 `i 31 16 i7 20 2• s -22 ii 23+ _i iC 24 y! 11 27 28 4 it Ptyt tlorter is not pregnant and there are no minor &..iidren of the parties. 6, Petitioner alleges that site is not capable of self support and therefore, court should order Respmdent pay to her Spousal Maintenance, to determined by the Court. 7_ 1 he parties have acquired certain community, joint and common property w !lch should be divided in a flair and equitable manner. The parties have community obligations which should be dhAded in a fair equrtable manner. Petitioner alleges that the parties should be awarded their sole and property. 10. Petitiai•,er alleges that the parties should be responsible for their sole separate debt. t ! • ?etiboner alleges that the community has a lien on separate property, a hornei iocated in Virginia, the amount of which must be detemiined by the Court. i 2. Petitioner alleges that Respondent should be responsible for all or part of hel i I owr, attorneys fees and costs pursuant to A.R.& §25-324. rte. To the best of Petitioner's knowledge, Respondent has retires) frorn Milita'y s service of the United States of America. WHEREFORE, Petitioner prays for the following relief: a. An order dissolving the marriage; b. An order of spousal maintenance; c. An order equitably dividing the community or common property of the parties; d. An order equitably dividing the con, munity or common debts of the Faroe.; e. An order confirming to each of the parties, their sole and separate properly; Page 2 Sty i i 2 3 4 5 6 7 8I 9 10 3 11 ! I 12 1 13 14 ? 15 18 17 '18 19' 2£1 II 21 22 23 24 25 26 27 28 29 f. An order confirming to each of the parties, their sole and separate debts. ? i 1 g. An order of attorney's fees. s h. For such other relief and further relief as the coin deems just arr proper irk the premises. Orated this y of June, 2048. STEI'dER, PC Oletitioner Page 3 `n :9008 WED 11:38 LET r 3 4 5 8 9 10 12 .1V 14 1 15 17 18 19 l 20 i 21 22 23 24 i 25 ; 26 27 28 29 STATE OF ARIZONA ) ss VERIFICATION CoUnty Of Maftopa } Tina L. McC.obb, being of lawful age and being duly swum upon oath deposes s states that slie is the Petitioner named above; that she has read the foregoing Petition: Disco ut on: and that the facts contained therein are true and correct to the mast of r knowledge, information and belief. TINA . McCOBB SUBSCRIBED AND SWORN to before me this day of 2008. My commission expires: r .• TRACY SYEINM Notary FLM+C - Armes MARX)OW CCkM Y MNry ?. s-ia.?i Pa95 4 n 2 3 4 5 v 7 8 S RONEE KORBIN STEINER, P,C, Ronee Korbir Steiner (16235) 8070 E. Liorgan T rail #220 SCO?isdaie, A2 85258 itx+8^-284-5252 f 3tt:lrney for Petitioner in re the. matter oft? } TINA McCOBS, ) Petitioner, AND } } CHARLES W. McCOBB Respondent. i Lase No FN2003-051200 PRE-DECREE MOTION FOR TEMPORARY ORDERS i ? i 2 !vl 13 f? ?4 v { ,y ?+ 4 3 [1 ? ii 1 I I? 18 24 21 22 23 it it 24 ; 25j 2(> 27 ! i 28 20 Comes Now the Petitioner, Tina L. McCobb, states and alleges through undersigned, the following for her Pre-Decree Motion for Temporary Orders: ii i f i • A Petition for Dissolution was fled contemporaneously with this Petition. 2, No Temporary Orders have been entered by any other Court regarding these matters- Petitioner'sis not pregnant and there are no minor children of the parties. 4= Petibooner is not capable of self support and therefore, she is er''Iftled. to a-{ award of spousal maintenance, at least pendente lite. Wife is requesting #hell I sum of $1500 per month for the period through the entry of decree. wt') permanent award to be determined by the court. j 5. Petitioner has no income and therefore this Court should award her attorney's! fees at least on a temporary basis. 8. i Respondent has reportedly dropped insurance coverage for Petitioned Page, () 1,0 V SUPERIOR COURT OF ARIZONA 6 2008 MA.RICOPA COUNTY Nis oft 1 ?i l i? beCii'lMng Jtaiy 2008 leaving her with no ooverage, wrc no nti to soct,; 1. i proper heait, cane coverage. Responcem qas excelient !)enef is from ttz 7 rrilitery. No as,tion has been filed for clissolut6on prior to ii- is action, sq 4 s Patitioner should not have been dropped from coverage. 4 i WHEREFORE, Petitioner ,rays for ha following relief: ± a. An order of temporary spousal mai: tananee to Petitioner; 8 % i b. An auvard of ternpomry attorney's fees, i i i c_ An order tha Respondent submit paperwork ifnrtediately to restore Petitioner to l~ealth plan; 2 ! d. For su-crr c,ti-,er relief and further relief as the court deems joist and proper i ; the prernises_ 14 Dated this._,4 day of _ 1c.42008. j f ? R E l ORZSI!? ST'EINIER, PC e g ? ` Steiner AttO1,,,,?orbin for PetibQi @r Q 23 4 , e i ` ? F.VG 2 iE 7,= 1 r ?{ (? (7{? i ? ! FAX 1 E 2 3 4 7 3p 11 At 2 13 i }f 15 1i 18 19 29 21 22 2S 24 28 26 27 28 29 STATE OF ARIZONA } ) ss VERIFICATION County of Maniicopa ) Tina L. McCobb, Wr',Q of lawful age and being duly sworrs upon path, deposes and states that she is the Petitioner named above; that she has read he foregoing Petibor ,, Terripor-at-?y Orders; and that the facts contained therein are true and correct to t1he best of her knowledge, information and beilef. TI 1vlcCt?SS SUBSCRIBED AND SWORN to before ,mg this day of ?A By- N ?.' My commission expires: hlo ub TRACY STENER Page: 4 Z)(NIBI T "6 // &1VA)5yv1YN1 ? COMPLAWT R-i ihj T H E :,..0 T c,.> t- C- ,.)M M 0 N Pi. C_i? •:J plaintiff, COUI NT`r`, PEN.NS-V{ Pti!A C!VIL AC, ION L.,, N 0 `I'€ CE Tt + DEFEND AND CLAIM RI H"A S YOU HAVE BEEN SLiED IN COLIPT. If yo--j wish to deferd against l ie ciairns se! fort'! in the C7.Sowing slacif?5, YOu Musa tb -e prompt action, You a;e warned that, ;f yogi f ii to vo sus; %, SG 3 5 +t proce-a ?TIt?iG }i you and a decree of viv rve or i? ti R; ?Cr m?a' he n,tereo a-- ainst you by< ;hP court. E udymert may also oe entered against you for ar v €her 0- relief "e-quested ir, th, sA pagers by the Paintiff. 'y'ou may (cse Y,rorey custody or vis zatioa of your :;Ntore,r. -.r0 e..?, or ? :tner rigt-ts irnpc?*tar?#'_a 'ors; including The g.'ound iDr the .ivorce is ind'p&es c irretri vabl i iC kdo--mn J he ?? ,"';Cl' may f4flues, rrafdaa e counseling. J' 5s of rr'as'ftc?C?" s t7!?;l?c?#lJCis is irl the Offs-e of tt,e Protf Drct-r1 of Dotnestin Relations Office, 13 No r-Ji Pennvivani i 170713 F DO NOT FILE A CL AIN FOR ALIMONY, DIVISION OF PROPERTY, LA: '! ER'S FEES OR EXPENSES BEFORE A DIVORCE OR .ANNULMENT IS GRA.NTE:`, YOU MAY LOSE a HE Rit'HT To CLAIM ANY OF THEM. Y0U SyxDULD FAKE I'HIS PAPER T( + YOUR LAWvI ER AT ONCE. IF YOU DO NOT HAVE A LAw-YER, GO TO OR TEL -.,PHONE THE OFFICE SET FORTH BELOW. t'I,i u OFcIGE PROV10;E YC! W17H if`1FORNIATiON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE : LAWYER. THIS OFFICE MAY SE ABLE TO PROVIDE YOU WITH INFORNIATIQI' ABOUT AGENCIES THAT MAY OFFER LECMi SE. RVICES TO ELIGIBLE PER: DNS AT A REDUCED FEE OR NO FEE. CUMBERLAND COL NITY EAR ASSOCIATION 32 SOUTH B0 'DFORD STREET CARLISI E. PA 17013 Litt-ie ha5S"r KOPE & ASSOCIATES.. f_LC: A T 0)RNE`? I 175 46.-0 T-indtc- Road, Su tv 201 viii?. PA 1J' '> x'71'7 7 6 r55 3 r'I aintii`3, ;/S. _N A Defur.e3c; s ?t. 48107277507 Att,rney.for Plaintiff 'Ni THE JJPT OF _EfLV GL"?MBERL AND 100U iT ', " {iHiJi Cf lt, A(,-Ti r) N - U X01 liJ MVORCE 90ViPLAii_T iiV it LoRCE AND N01"i comes the ab( ve-named Plaintiff, CH-*"'RL_S V), by arid through his at,.o rev, LESLEY J. 3 A.M, ESQ.. and makes the follovving C:crr';iain't ii' e P a'nt;ff is CHAF ES W. McCOB C3, an adult individUa L` Y c l, r- rep;; i:-S 2t 1'5(, im )e ia; 'Court, Carii;fe, Pan,nsy(vania '!ii f1. P'afintiff may be. ser,??_` all FC.3 }-uPerS i71 0j 7 hiS coup.SE at '660 Tri~'die Road, Site 201, Camp "_ Defend,-.nL is TlN A CUBB, , .,n Uduii iviJUal Who ci.,rre~fv r :sirtFS t 1 ;:3 ?. Des rt , ilfs Drive, :1h0enfx, t.4a,?lc0Pa Ccl T?fyr, ; i ona 85U66. ?. `a+ntiff has flQ a been a bona fide resident of the Comrnenv,Eealth vt {C;,' _a '8Y?st sly 'j) ,^; C)r hs ihim d;ately provious TO tl,e i!i?ri * t'?i3 06 10: Asa ;_aur;e Chass:r. 480727758? P ' -- Cv! oplaint. Defendant reside i in Pennsylva ji wit?, Plaintif in the mar+ta resicen;,e prior to leaving Plaintiff on Sep ::tuber 24, 2007. 4_ The Plaintiff and Defendant were married on July 4, 20,01 , ire Stafford, `Iorg,inia. 5. ?e Parties sepai 3ted on September 2-1, 2ut?r , when De ezda. t ad rrtev ou o, rite rra-tal residence ar J left the state. +c the test -of Plaintiffs kirodriecge, Deferdant moved to A i.Zona to ( :)ntinue her relationship with arto her main. Neithe- Plaintiff nc r Defendant is in the rnilitar/ sorv;ce of the Uniteti States o- its a;lies wit-'!'n the or-- 4sions of the Soldiers' and Sariors, G''vil rceiief :4Lt cf the Congress of 1940 anu its ar endmants. Plaintiff .vas in the Urited Stajes Manne corps ro= 22 years until this year, tut has retired tr:;rn the Marine Corps. 7. There has been nc prior action for divorce or ant 1lrrient instituted by either of the parties in this jurisdi{ tion. Defendant has filed a complaint ;o° di;for?;v ;-; trtaricepa County, Arizona; howevt r. said state noes not hati.e uriscj:tion of this matte; Plaintiff has retained counsel it Arizona to gave the aforementioned cOr' plfai;i: dismissed. 8. laintiff has been adN !sed of the availability of marriage ccunseling end rile riMht to recces: kiat the Court re. wire the parties to ca ticipate in ceunse`izng. COUNTI REQUEST FOR A NO-FAULT DIVE RCE UNDER § 3301(c) OF THE DIVORCE CODE ©. fie ,prior paragraphs c this Complaint are incorporatad by referer:ce as though fully set fo, th here n. vV? vG 00 ic...Ua Laurie ChassIn 4807277581 `he marriage of t ;e parties is irreirie\,ably broken. WHEREFORE, i( both 1 arties file affidavits consenting is a r'ivorce s"Ur flu; rTinety, days have e`apsed horn le date of service of this Complaint, Pia r;f ff respectf requests that the C u L eater a Decree Of Di' Orre Pursuant -Q § 330 !i;c) of `!-,e Cjvcrce Code. COUNT !i REQUEST FOR A NO-FAULT O VORCE UNDER § 3301(d) OF THE € IVORCE CODE The prior i3arag{apt s of this Complaint are inc; rporated by z eference as .. lough f idly set forth herein. 12. ?'he marriage of the 3arties is irretrievab!v broken. 3. The parties are iivir r separate and apart, a:rtd at the appropriate time submit an affidavit alle. ing that the Parties have lived separate and apart for a i ast 't?=a !? j years as specified i ? § 3301(d) of the Divorce Code. WHEREFORE, if Plaintiff su )-nits an affidavit ailegi,ig that the Panes have rived separate acid apart for at, least rA ) (2} years, PPlaM ff respectTil v r=gues s that t,`?e Court eater a Decree O Divorce DUr ;UBnt to §' ;3G1 sd) of t, tae Divorce Code. Respec?fully Submitted, G , c.. I Laurie ???assin 48 72?? 87 VERIFICATION C,ha.1as W. McCobb, the Plaintiff in this 3nager,, -aa , E reaj itre forego:,-J; verify the; .?y aye 'rents it f' ' i riffs Comp,air t are t." 0 a,7, 104 -based uPor:.my persona! knowledge, understand that a;)y f=alse statements heres"En a- , n sue to the ;Deia;ties of 13 r''a.C.S. § 494 Fela in" its :-1r1iafs'fica,:cr:s to aut-ror;ties. Laud: o bb t fg'ES ADDENDUM: VERIFIED COSTS ASSESSMENT TO DATE Attorney's Fees for Drafting Petition: $200.00 Court Filing Fee: $70.00 Total to Date: $270.00 Estimated Attorney's Fees for 2 hour Court Hearing, if necessary: $350.00 I, Brian E. Sipe, verify that these costs reflect my actual fees to my client, Tina McCobb. My current rate structure is $200 per hour for office work and $250 per hour for court appearances. I agreed to a flat fee of $200 for drafting the agreement, plus filing fee, with court appearances to be billed at an hourly rate. Date: 8/12/2008 } rian E. Sipe t"? N • ey on, Brian E. Sipe, Esquire Attorney I.D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215-805-0444 sipe a?attorneysipe.com CHARLES W. McCOBB, Plaintiff/Respondent VS. TINA L. McCOBB, Defendant/Petitioner Attorney for Defendant IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4390 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Enter my appearance on behlaf of Tina L. McCobb, Defendant. Papers may be served at the address below: Date: 8/13/2008 Brian E. Sipe, Esq. Attorney I.D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215-805-0444 e-7 c=a rah 7i a: .r^" CHARLES W. McCOBB, Plaintiff/Respondent VS. TINA L. McCOBB, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4390 CIVIL : IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF RESTRAINING PLAINTIFF FROM COMMENCING A DIVORCE PROCEEDING IN ANOTHER JURISDICTION ORDER AND NOW, this 21' day of August, 2008, a rule is issued on the plaintiff to show cause why the relief requested in the within petition ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, esley J. Beam, Esquire For the Plaintiff ,'rian E. Sipe, Esquire For the Defendant :rim a a C-D N i Brian E. Sipe, Esquire Attorney I. D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 CHARLES W. McCOBB, COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA VS. FAMILY DIVISION No. 2008-4390 TINA L. McCOBB, Defendant IN DIVORCE Praecipe to Withdraw Motion for Special Relief and to Accept Jurisdiction over Above Captioned Complaint Petitioner is Tina L. McCobb, Defendant in the above captioned matter. 2. Respondent is Charles W. McCobb, Plaintiff in the above captioned matter. 3. On June 16, 2008, Petitioner Tina McCobb filed for divorce from Charles McCobb in Arizona on the advice and counsel of her attorney Ronee Korbin Steiner. The complaint was docketed as number FN2008-051200. Ms. Steiner believed that the Arizona court system would handle the equitable distribution. 4. On or about July 23, 2008, Plaintiff/Respondent filed a Complaint in Divorce with this Court as captioned above. 5. On August 13, 2008, Defendant/Petitioner Tina McCobb, through her attorney in Pennsylvania, Brian E. Sipe, petitioned this Court for Special Relief to continue or dismiss the above captioned Complaint. 6. August 27, 2008, this Court issued a rule to show cause as to why the relief should not be granted. 7. On or about August 29, 2008, the Arizona court dismissed the complaint due to lack of jurisdiction. 8. Petitioner believed in good faith that Arizona would take jurisdiction over the case and settle all matters. Only based upon this good faith belief in the counsel of her Arizona attorney did Petitioner petition this Court for the special relief. 9. Now that it is clear that the Arizona court will not take jurisdiction over the divorce, Defendant will not be able to seek equitable distribution of the marital estate. WHEREFORE, Petitioner respectfully requests, as follows, that this Court: 1) grant her permission to withdraw the Petition for Special Relief, 2) allow her to submit to the jurisdiction of Pennsylvania and the Court of Common Pleas of Cumberland County; and 3) decide all issues relating to the divorce and the matters contained in the Counterclaim and New Matter that has been filed along with this petition. Respectfully submitted, rian E. Sipe `/ A , VERIFICATION I, Tina McCobb, verify that the statements made in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: 3, oua Qcc-cc-- "m oLobb Tina McCobb ? N CID r f Brian E. Sipe Attorney I.D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 n 215-805-0444 - °° ? vcu rr, ? CHARLES W. McCOBB t , Plaintiff N v. TINA L. McCOBB, Defendant DEFENDANT'S ANSWER. COUNTERCLAIM AND NEW MATTER TO PLAINTIFF'S COMPLAINT IN DIVORCE Defendant, Tina McCobb, by his/her attorney, Brian E. Sipe, respectfully submits this Answer to Plaintiffs Complaint in Divorce, Counterclaim, and New Matter as follows: 1. Admitted; please note this address is no longer correct.. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. Defendant had followed Plaintiff from Virginia to New York at the cost of her own career. During this time, an extra-marital affair between the Plaintiff and a third party caused the both the Defendant Tina McCobb and the Marine Corps. to break ties with the Plaintiff. Defendant stopped in Pennsylvania for a short stay to attempt to work things out one last time. Defendant then moved to Arizona to stay with her sister and brother-in-law. Defendant has never been with another man during the marriage between Plaintiff and Defendant. 6. Admitted. 7. Admitted. 8. Admitted. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. No response required. 10. Admitted. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 11. No answer required. 12. Admitted. 13. Admitted; however, the parties have lived separate and apart for only one year. NEW MATTERS COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(d) OF THE DIVORCE CODE 14. The prior paragraphs of this Answer, Counterclaim, and New Matter are incorporated herein by reference as though set forth in full. 15. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT IV. REQUEST FOR SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DIVORCE CODE 16. The prior paragraphs of this Answer, Counterclaim, and New Matter are incorporated herein by reference as though set forth in full. 17. Defendant lacks sufficient property to maintain the standard of living that she grew accustomed to during the marriage and could have provided for herself if she had not sacrificed her career so that her Plaintiff-husband could move ahead in his own career. 18. Plaintiff sacrificed that career by committing adultery against the Code of Conduct for Officers of the United States Marine Corps, causing the Corps. to request his resignation. 19. Defendant requests the Court to enter an award of alimony in her favor pursuant to section 3701(a) and 3702 of the Divorce Code. WHEREFORE, plaintiff respectfully requests the Court to enter an award of alimony in her favor pursuant to Section 3701(a) and 3702 of the Divorce Code. COUNT XIV. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(a)(1), 3323(b) AND 3702 OF THE DIVORCE CODE 20. No answer required. 20. Defendant has employed Brian E. Sipe, Esquire, to represent her in this matrimonial case. 21. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 22. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 23. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, plaintiff requests that, after final hearing, the Court order plaintiff to pay defendant's reasonable counsel fees, costs and expenses. WHEREFORE, plaintiff respectfully requests that, pursuant to Section 3104(a)(1), 3323(b), 3702, and 4351(a) of the Divorce Code, the Court enter an order directing plaintiff to pay defendant's reasonable counsel fees, costs, and expenses. Brian E. Sipe Attorney for Defendant VERIFICATION I, Tina McCobb, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated • R,. 3, zabuX \. -M0606b Tina McCobb t: Cn ?' rrt ny 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 CHARLES W. McCOBB, Plaintiff, V. TINA L. McCOBB, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4390 CIVIL ACTION - LAW IN DIVORCE ANSWER AND NEW MATTER TO DEFENDANT'S PETITION FOR SPECIAL RELIEF RESTRAINING PLAINTIFF FROM COMMENCING A DIVORCE PROCEEDING IN ANOTHER JURISDICTION AND NOW comes the above-named Plaintiff/Respondent, CHARLES W. MCCOBB, by and through his attorney, LESLEY J. BEAM, ESQUIRE, and makes the following Answer and New Matter to Defendant's Petition for Special Relief: ANSWER 1. Admitted. Respondent has no information that Petitioner has moved from this address. 2. Admitted in part; denied in part. It is admitted that Respondent is Charles McCobb, the Plaintiff in this action, and that Respondent had resided at 160 Imperial Court, Carlisle, PA. It is denied that according to his landlord and neighbor he moved without a forwarding address, as it is beyond Respondent's knowledge to answer as the statements of his former landlord and neighbor. By way of further answer, Respondent has moved to 201 S. Td Street, Apt. 84, Harrisburg, PA. The fact that Respondent did not contact his neighbor or landlord with a forwarding address is not relevant and immaterial to whether Respondent still resides in Pennsylvania. Respondent takes umbrage with the insistence in the Petition that he has left the Commonwealth of Pennsylvania since he has not. 3. Admitted. 4. Admitted 5. Admitted. It has been acknowledged that Respondent was served with the Divorce Complaint that was filed in Arizona. By way of further answer, the fact that Respondent accepted service of the complaint has no bearing on whether Arizona or Pennsylvania has proper jurisdiction. 6. Admitted in part and denied in part. It is admitted that the parties were married in and lived during the marriage in Virginia. It is denied in so much as the averment seems to connote that that the parties lived only in Virginia during marriage. The parties also lived in New York and Pennsylvania during the marriage. The parties' last residence together was in Pennsylvania. 7. Admitted in part; denied in part. It is admitted that Respondent lived in New York and in Virginia prior to moving to Pennsylvania. It is denied that Respondent moved to Pennsylvania only recently for military training. To the contrary, the parties moved to Pennsylvania in July of 2007 as a married couple. Respondent has resided in Pennsylvania for over one year. 8. Denied. Respondent is without information or knowledge sufficient to affirm or deny alleged statements made by his former neighbor and landlord. By way of further information, Respondent relocated to Harrisburg, Pennsylvania. Respondent is not required to leave any forwarding address with neighbors or landlords. The fact that the neighbor said that Respondent moved away from Carlisle does not mean he does not live in Pennsylvania. As stated earlier, Respondent's current address is 201 S. 3rd Street, Apt. 84, Harrisburg, PA 9. Denied in full. Respondent was not forced to retire from the military. Respondent voluntarily retired from the military, and there were no findings of adultery by the military. There has been no proof of adultery and Respondent has not been charged with that within the military. By way of further answer, Petitioner falsely charged Respondent with adultery, and has maintained a claim of such, despite the fact that Respondent did not commit adultery. 10. Admitted in part; denied in part. It is admitted that Petitioner did not change her voter registration or driver's license. The remainder of this averment is denied. Petitioner moved to Pennsylvania in July 2007 with Respondent as a married couple. Petitioner's intent on moving to Pennsylvania was to establish a marital residence in the Commonwealth. This is evidenced by the fact that Petitioner moved all marital and household belongings with her to Pennsylvania, applied for and retained employment in Pennsylvania and paid Pennsylvania state income taxes as a partial resident for the year of 2007. 11. Admitted in part and denied in part. It is admitted that the parties' do not own any real property in Pennsylvania. However, there is marital personal property still in Pennsylvania. 12. Denied. Respondent is unable to affirm or deny Petitioner's "primary motivations" for moving to Arizona. It is denied that Respondent was being forced out of the military, it is denied that Respondent cheated on Petitioner, and it is denied that Respondent had no other option than to move to Arizona. When the parties moved to Pennsylvania they will still living as a married couple. Petitioner's intent was to establish a marital residence in Pennsylvania. At the time Petitioner moved out of the marital residence and to Arizona, Respondent was no longer living in the marital residence, so Petitioner could have remained in the marital residence. Since she was working, she also could have moved into her own residence. Upon information and belief, Petitioner moved to Arizona to be with another man. 13. Denied. It is Respondent's belief that Petitioner moved to Arizona and is currently living in Arizona with a paramour. 14. Denied. Petitioner does not fulfill the requirements for Arizona to have personal jurisdiction over Respondent. The Superior Court of Arizona, Maricopa County, has made a finding accordingly, on a Motion to Dismiss filed by Respondent that is discussed in more detail in the New Matter section of this Answer and New Matter. 15. Admitted. By way of further answer, however, while the Court has authority to issue whatever order may be necessary to protect the interests of parties, the requested relief will not serve to do so. Petitioner had already moved the Court of Arizona to dismiss the petition for dissolution given the finding that the Court does not have subject matter jurisdiction over Respondent. As such, it is Respondent's belief that Petitioner's interests are not being compromised by continuing the action in Pennsylvania. 16. Denied. The interests of the parties can be protected by continuing the instance action in Pennsylvania. 17. Denied. Respondent is not a "temporary resident of Pennsylvania." He has been a resident of Pennsylvania for over one year and currently residents in Pennsylvania at the address listed above. Petitioner voluntarily removed herself from the jurisdiction. Since Respondent is a current resident of Pennsylvania, the interests of the Commonwealth are at stake. NEW MATTER 18. The prior paragraphs of this Answer and New Matter are incorporated by reference as though fully set forth herein 19. On or about July 16, 2008, Respondent filed a Motion to Dismiss Based on Lack of Personal Jurisdiction with the Superior Court of the State of Arizona in and for the County of Maricopa. This Motion claimed that Arizona only had subject matter for the divorce action but did not have personal jurisdiction over Respondent since he was not a resident of Arizona. Therefore, the Divorce Complaint filed by Petitioner in the State of Arizona should be dismissed. See the Motion attached as Exhibit "A" 20. After subsequent filings but without oral arguments, the Honorable Carey Snyder Hyatt of the Superior Court of Arizona for the County of Maricopa issued an Order finding that Arizona does not have the required "minimum contacts for it to exert personal jurisdiction over Respondent for the determination of the financial issues involved in this Dissolution proceeding." The court does have jurisdiction over the parties for the purpose of granting the dissolution itself. See Resolution Management Conference Set attached as Exhibit "B". 21. Therefore, the Court by Order granted the Motion to Dismiss as it pertains to the issues of equitable distribution of assets, property or debts, as well as support. 22. Since the issuing of that Order, Petitioner's attorney in Arizona, Ronee Steiner, Esquire, informed Respondent's attorney in Arizona, Jennifer B. Rubin, Esquire, that she would like to stipulate to the dismissal of the divorce action in Arizona and proceed in Pennsylvania. 23. A stipulation was signed by the parties for the dismissal of Petitioner's Petition for Dissolution (Arizona's version of a Divorce Complaint). This stipulation was filed in the Superior Court of Arizona, Maricopa County, on September 9, 2008. See Stipulation for Dismissal of Petition for Dissolution attached as Exhibit "C". 24. It is presumed that the action will be dismissed forthwith, if it has not been dismissed as the date of filing of this Answer and New Matter. WHEREFORE, since the Petitioner has made it known that she would like to proceed in Pennsylvania, and given that the a stipulation has been made to dismiss the action in Arizona, Plaintiff hereby requests that this Honorable Court dismiss the Petition for Special Relief, and permit the divorce action initiated in Pennsylvania to proceed accordingly. Respectfully Submitted, KOPE & AS"CIATES, LLC By: esl J. earn, Esq. Dated: q ?? Q603 $ VERIFICATION I, Charles W. McCobb, the Plaintiff/Respondent in this matter, have read the foregoing Answer and New Matter to Defendant's Petition for Special Relief Restraining Plaintiff from Commencing a Divorce Proceeding in Another Jurisdiction. I verify that my averments in this Answer and New Matter 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: -047//&/Or Charles W. McCobb 80/80 39Cd HovonH9 6OZ96990091 99:01 800Z/91/60 A .1 2 3 4 5 6 7 8 9 v 10 a ? Ey ,,., 11 12 13 w ?•e 14 Z 15 16 Z 17 18 19 20 21 22 23 24 25 26 27 28 Jennifer B. Rubin, SBN 021674 COPY Yvette b. Ansel, SBN 024233 HYMSON GOLDSTEIN & PANTMIAT, P.C. JUL 1,6.2008 14646 N. Kierland Boulevard, Suite 255 Scottsdale, Arizona 85254 wwaK.enaasa Tel: (480) 991-9077 Fax: (480) 443-8854 Attorneys for Respondent IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA In re the Marriage of. TINA L. McCOBB, Petitioner, and CHARLES W. McCOBB, Case No. FN2WS-051200 MOTION TO DLSMISS BASED ON LACK OF PERSONAL JURISDICTION (Assigned to the Honorable Alfred Fenzel) Respondent, Charles W. McCobb ("Respondent"), by and through his undersigned attorneys, specially appear in the instant case to move for dismissal of the present action pursuant to Rules 32 Arizona Rules of Family Law Procedure and Rule 12(h), Arizona Rules of Civil Procedure, on the grounds that this Court does not have personal jurisdiction over the Respondent, or to allow the Court to proceed with a "divisible divorce," to enter a decree of dissolution without determining monetary obligations of the 1 Parties. This Motion is more fully supported by the following Memorandum of Points and Authorities which is incorporated herein by this reference as if set out in M. RESPECTFULLY SUBMITTED this day of July 2008. HYMSON GOLDSTEIN & PANTTLIAT, P.C. er B bin e D. Ansel orneys for Respondent 904170:? 1Qn-W.nEAD1NGs t76333v2 . 1 2 3 4 5 6 7 8 9 U H V ? 10 NN 11 s 12 V ia 13 J ?. I " 14 ? ?a 15 0 zCA ? 16 Z i3 17 18 1911 20 21 22 23 24 25 26 i 27 28 MEMORANDUM OF POINTS AND AUTHORTI"IES I L BACKGROUND Respondent is a resident of Florida, currently domiciling in Pennsylvania. Both Petitioner and Respondent lived in Pennsylvania from June 2007 through September 2007, when Petitioner moved to Arizona. Prior to that, the parties lived in New York from June 2005 through June 2007 and in Virginia from 2000 through June 2005. The only time that Respondent resided in Arizona was from 1983-1984, long before the parties' marriage in 2000, while Respondent was stationed in Arizona, as part of his employment in the US Military. Respondent lives at his residence, located at 160 Imperial Ct., Carlisle, PA 17013. Petitioner currently resides at 113 W. Desert Hills Dr., Phoenix, Arizona 85086. On June 16, 2008, Petitioner filed'her Petition for Dissolution of Marriage Without Children in the Maricopa County Superior Court, Arizona. The relief requested was the I entry of a Decree of Dissolution of the parties' marriage, the award of spousal maintenance, attorneys' fees, and equitable division of the property and debts of the parties. H. ARIZONA COURT LACKS JURISDICTION Arizona Revised Statutes provide general jurisdictional requirements necessary for dissolution proceedings. "The Court shall enter a decree of dissolution of marriage if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage. 2. ... 3. ... 10417a7116237-M.PLEADINGs ;76333v2 2 1 4. To the extent it has jurisdiction to do- so, the court has considered, approved and made provision for child custody, 2 the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of 3 either spouse and the disposition of property." 4 A.RS. § 25-312. - -5 - In cases where at least one of the spouses is an Arizona domiciliary, Arizona 6 courts may exercise their limited, subject matter jurisdiction. "The court may exercise 7 this limited jurisdiction to dissolve the marriage without violating due process, even 8 though it lacks personal jurisdiction over a non-resident party, as long as the court does 9 not determine the monetaa obliMlions of the. parties. Taylor v Jarrett, 191 Ariz. 550, t? h 10 a+ 00 552, 959 P.2d 807, 809 (App. 1998 ? ? ) (emphasis adder)). This is called a "divisible 11 S divorce." The "divisible divorce" recognizes the dissolution of marital status without 12 affecting the economic and property rights of the parties in Arizona. White v White, 83 a 13 Ariz. 305, 307, 320 P.2d 702, 703 (1958). ism ;Z 14 a Iffl,8 15 Arizona courts may apply its substantive law in dividing the marital properly z r d between the parties only when Arizona courts have personal jurisdiction. Martin v 16 c Martin, 156 Ariz. 440, 446, 752 P.2d 1026, 1032 (App. 1986). "Whether Arizona courts 17 may constitutionally exercise such personal jurisdiction over a non-resident spouse x 18 depends upon whether the spouse has sufficient minimum contacts with the state to 19 justify being haled before an Arizona court." lad 20 In this case, Respondent was stationed in Arizona from 1983 through 1984, long 21 time before the parties' marriage and even longer before the requested divorce. 22 Respondent 'is not present in the state. No actions which gave rise to this divorce 23 occurred in Arizona. Respondent does not have any property in Arizona and has not been 24 in Arizona since 1984; with the exception of a 2 day visit. As a result, Respondent does 25 not have sufficient minimum contacts with the state of Arizona and cannot be haled 26 before the Arizona Court. This Court lacks personal jurisdiction and cannot divide the 27 marital property and debts and cannot make an award of spousal maintenance. This 28 3 8041709!16237-00.PLEADTNGS 476333v2 i 3 4 5 6 7 8 9 a ;X 10 11 ii 12 13 'a 14 15 Z 16 17 18 19 20 21 22 23 24 25 26 27 28 Court also cannot decide the issue of attorneys' fees. Accordingly, - this Court should dismiss the divorce action. The only issue suitable for the Court's decision is the dissolution of marital status. All monetary obligations of the parties must be decided by a Court that has personal jurisdiction over Respondent. A Court may not adjudicate a personal claim or obligation unless it has jurisdiction over the person of the defendant Id. If a defendant has property in the state, the state can adjudicate its obligations, but only to the extent of his interest in the property. Pennoyer v Neff, 95 US 714, 726-727, 24 L.Ed. 565. State lacks judicial jurisdiction to absolve a spouse from any duty of support which, under the law of second state, he may owe the other spouse in absence of personal jurisdiction over the latter. Restatement, Conflicts of Law § 116 (2). In this case, Respondent has no property in Arizona. Without personal jurisdiction over Respondent, there can be no order of spousal support. M. CONCLUSION The Court should dismiss this action since it lacks personal jurisdiction over Respondent. Alternatively, the Court may dissolve the marriage through a "divisible divorce", but it cannot make any decisions regarding the division of the parties' property and debts, award of spousal maintenance, and attomeys' fees. RESPECTFULLY SUBMITTED this day of July 2008. HYMSON GOLDSTEIN & PANTILIAT, P.C. 441hhJAt-hL I - J m Y D. Ansel 1 6 N. Kierland Boulevard, Suite 255 Scottsdale, Arizona 85254 Telephone: 480-991-9077 Attorneys for Respondent 041709!1 M37-MYLEADnlcs 76333V2 4 1 2 3 4 5 6 7 8 9 U 10 11 „ M * 12 .a 13 w -egg 14 A, 15 16 0 8 .. 17 x H 18 19 20 21 22 23 24 25 26 27 28 ORIGINAL filed with the Clerk bf this Court this J(V_ day of July 2008, and COPY hand-delivered this 1( day of July 2008 to: Honorable Alfred Fenzel MARICOPA COUNTY SUPERIOR COURT Northeast oRal Court Center 18380 North Street Phoenix, Arizona 85032 C PY of the foregoing mailed this J(p day of July 2008 to: Ronee.Korbin Steiner RONEE.KORBIN STEROR PC LAW OFFICES 8070 E. Morgan Trail, Suite 220 Scottsdale, AZ 85258-0001 Attorneys for Petitioner 804170:2!16237-WYLF AM1 NGS 476MM 5 i t• 2 3. 4 5 6 7 - $i 9 •. 10 a w 12 7d 13 14 15 z z 16 17 18 19 20. 21 22 23 24 25 •26 27 28 1, Charles W. McCobb, vu* tbat I Dave read the foregoing Motion to DIMI s that ac - ----- es this Verification and that I verify, pmumut to the penalties of perjury, thgt the stag oontaked th=in are trne, aomv to and correct DATED this day' of July 2008. i C.? -0 Charles W. WCobb 7a?1 On-a.1't UMM m 6 Michael K. Jeanes, Clerk of Court *** Electronically Filed *** SUPERIOR COURT OF ARIZONA 08/282008 8:00 AM MARICOPA COUNTY FN 2008-051200 08/26/2008 CLERK OF THE COURT HON. CAREY SNYDER HYATT C. Vigil Deputy IN RE THE MATTER OF TINA L MCCOBB RONEE F STEINER AND CHARLES W MCCOBB JENNIFER B RUBIN RESOLUTION MANAGEMENT CONFERENCE SET The Court has reviewed and considered Respondent's Motion to Dismiss Based on Lack of Personal Jurisdiction, the Petitioner's Response, Petitioner's Supplement to Response, and Respondent's Reply. Although Petitioner has requested Oral Argument in her Supplement to the Response, the Court is of the opinion that the issues have been fully briefed and that oral argument would not be of any benefit to the Court. Therefore, pursuant to Rule 35(CXI) of the Arizona Rules of Family Law Procedure, the matter will be decided without oral argument. For all of the reasons and pursuant to the case law cited by Respondent in his Motion to Dismiss and Reply, and pursuant to the requirement set forth in Schilz v. Superior Court In and For Maricopa County, 144 Ariz. 65, 69, 695 P.2d 1103, 1107 (1985), the Court finds that Arizona does not have the required "minimum contacts" for it to exert personal jurisdiction over the Respondent for the determination of the financial issues involved in this Dissolution proceeding. As agreed by Respondent, however, Arizona does have jurisdiction over the parties for the purpose of granting of the dissolution itself and returning the parties to the status of single persons. Therefore, Docket Code 700 Form D700 Page 1 SUPERIOR COURT OF ARIZONA MARICOPA COUNTY FN 2008-051200 08/26/2008 IT IS ORDERED granting, in part, Respondent's Motion to Dismiss as to all issues involving the financial division assets, property, and debts. IT IS FURTHER ORDERED that a Temporary Orders hearing will not be set as the Court does not have jurisdiction to grant the relief requested. IT IS FURTHER ORDERED setting a Resolution Management Conference on September 23, 2008 at 1:30 p.m. (30 minutes allowed) in this Division, at: Maricopa County Superior Court Northeast Regional Court Center 18380 N. 40th Street Courtroom 104 Phoenix, Arizona 85032 Th is hearing may be telephonic if all appearances are arranged by Petitioner's counsel and by then calling (602) 506-3566 on the date and time of the conference. Both parties, together with their counsel, if represented, shall appear in person, and be prepared to discuss the final resolution and, if necessary, pre-trial management of this case. IF ONLY ONE PARTY APPEARS, THE COURT MAY ENTER A DEFAULT AGAINST THE ABSENT PARTY, AND ALLOW THE PARTY THAT APPEARS TO PROCEED BY DEFAULT. IF BOTH PARTIES FAIL TO APPEAR, THE ACTION MAY BE DISMISSED. MANDATORY RESOLUTION STATEMENT IT IS FURTHER ORDERED that each party shall fully complete and file a Resolution Statement as required by Rule 76(A), Arizona Rules of Family Law Procedure, in proper form without argument, narrative statements or other documents, and provide a copy to the adverse party and to this Division at least 5 judicial days before the Conference. The Court is required to consider the reasonableness of each party's positions, including the failure to take a position, in any subsequent requests for attorney's fees made pursuant to A.R.S.§§ 25-324 and 12-349. The Resolution Statement may be obtained through the Self Service Center. A form may be downloaded at: http://www.superiorcourt.maricopa.gov/familyCourtlpdVresolutionStmt.pdf. PRE-CONFERENCE SETTLEMENT MEETING IT IS FURTHER ORDERED that the parties and counsel, if any, shall personally meet and confer prior to the Resolution Management Conference to resolve as many issues as possible. In the event the parties and counsel, if any, have not met prior to the Resolution Docket Code 700 Form D700 Page 2 SUPERIOR COURT OF ARIZONA MARICOPA COUNTY FN 2008-051200 08/26/2008 Management Conference, they shall all be present and meet at the court one (1) hour prior to the scheduled Resolution Management Conference. If there is a current court order prohibiting contact of the parties or a significant history of domestic violence between the parties, the parties shall not be required to personally meet or contact each other in violation of the court order, but the parties and their counsel shall take all steps reasonable under the circumstances to resolve as many issues as possible prior to the RMC. The parties shall also submit to the court no later than the time of the RMC a Joint Alternative Dispute Resolution Statement required by Rule 66(E), Arizona Rules of Family Law Procedure. DISCLOSURE IT IS FURTHER ORDERED that both parties shall complete the initial disclosure requirements of Rule 49 or 50, Arizona Rules of Family Law Procedure (ARFLP), as appropriate prior to the Resolution Management Conference. Pursuant to Rule 65(C), ARFLP, any party who fails to timely disclose information required by Rule 49 or 50 shall not be permitted to use such evidence in future motions, hearings or trials, except by leave of court for good cause shown, unless such failure is harmless. PARENT EDUCATION PROGRAM IT IS FURTHER ORDERED that in the event the parties have a natural or an adopted minor, unemancipated child in common, both parties shall have completed, or be scheduled to complete, an approved Parent Education Program in accordance with A.R.S. §25-351 et seq. prior to the Resolution Management Conference and file proof thereof prior to or at the time of the Conference. Failure to obey this order in all respects may subject the offending party or counsel to all sanctions provided and allowed by court rule, statute or other law. All parties representing themselves must keep the Court updated with address changes. A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self- ServiceCenter. Docket Code 700 Form D700 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RONEE KORBIN STEINER, P.C. Ronee Korbin Steiner (16235) 8070 E. Morgan Trail #220 Scottsdale, Arizona 85258 480-2845252 Attorney for Petitioner SUPERIOR COURT OF ARIZONA MARICOPA COUNTY In re the matter of: ) TINA L. McCOBB, ) Petitioner, ) AND ) f ) CHARLES W. McCOBB, ) ) Respondent. ) Case No: FN2008-051200 STIPULATION10 DISMISSAL OF PETITION FOR DISSOLUTION (Assigned to the Honorable Carey Hyatt) Comes Now the parties, through undersigned counsel, hereby submit this Stipulation Dismiss the pending Petition for Dissolution. For their stipulation, the parties state as follows: 1. Wife filed a Petition for Dissolution. Husband filed a Motion to Dismiss based on of jurisdiction. Wife filed a Response and Supplemental Response. Husband filed Reply. Thereafter, this Court entered denying that Arizona has jurisdiction ovi Husband. As a result, the Court ordered it does not have the power to resole financial matters of the parties. 2. Consequently, in order to avoid wasting resources of the parties as well as those the court, the parties agree to dismiss the Petition for Dissolution and proceed in appropriate jurisdiction so that they may resolve all matters simultaneously. WHEREFORE, the parties request this Court dismiss the Petition and vacate the Resolution Management Conference set for September 23, 2008 at 1:30. Page 1 I Dated l v this day of September, 2008. 2 STEINER, P 3 E ZK C HYMSON, GOLDSTEIN, & PANTILIAT 4 iner 'J '" 5 Att ey nifer B. in tt mey for usband 6 6 The original filed this day of September, 2008 and a copy to: 8 The Honorable Carey Hyatt 9 Judge of the Superior Court 10 A copy to: 11 Jennifer B. Rubin 12 Hymson, Goldstein and Pantiliat, P.C. 14646 N. Kiertand Boulevard, Suite 255 13 Scottsdale, Arizona 85254 Attorneys for Husband 14 15 By: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Page 2 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 CHARLES W. McCOBB, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-4390 TINA L. McCOBB, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on this 16th day of September 2008, 1 served a true and correct copy of the foregoing Answer and New Matter to Defendant's Petition for Special Relief via regular U.S. First Class mail, postage prepaid, addressed as follows: Brian E. Sipe, Esquire 67 Buck Road, B-5 Huntingdon Valley, PA 19006 KOPE & ASSOCIATES, LLC Jule ehnert P fidegal co a [t+ ti cwa %T Brian E. Sipe, Esquire Attorney I.D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215-805-0444 sipekattornevsipe.com CHARLES W. McCOBB, Plaintiff/Respondent VS. TINA L. McCOBB, Defendant/Petitioner Attorney for Defendant IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4390 CIVIL ACTION - LAW IN DIVORCE ``4% ORDER AND NOW, this ,ay of 5*p , 2008, upon consideration of Tina McCobb's Praecipe to With raw Petition for Special Relief Restraining Defendant from Commencing a Divorce Proceeding in Another Jurisdiction, it is hereby ORDERED and DECREED that the Petition is withdrawn at the request of the Petitioner and that the Court takes jurisdiction over the matter and that the Court shall decide all issues relating to the divorce and the matters contained in the Counterclaim and New Matter that has been filed along with this petition. J. eva S'3 VlN nI1,SNN3d AINInco 6 S :01 WV 91 83S 8001 HI ?o 31 ij KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com CHARLES W. McCOBB, Plaintiff, vs. TINA L. McCOBB, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4390 CIVIL ACTION - LAW IN DIVORCE OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 The above-named Plaintiff, CHARLES W. McCOBB, by and through his attorney, LESLEY J. BEAM, ESQ., objects to the proposed subpoena that is attached to these objections for the following reasons: 1. The information sought is not relevant to the divorce proceedings between Plaintiff and Defendant, in that it will not lead to the discovery of marital or separate assets or debts, Plaintiff does not seek support from Defendant so any allegations of misconduct are irrelevant, and the grounds for divorce have already been established through both parties' averments that there are irreconcilable differences. 2. The information sought is not reasonably particular in nature. 3. The information sought is property of the military and is therefore not subject to state subpoena. 4. The information sought is protected by privilege and confidentiality. . 1 5. The information sought specifically requests notes from an interview between Col. David Kelley and Defendant, in which Defendant was undoubtedly present. Defendant should be able to present her own testimony to the form and content of this particular interview. 6. Plaintiff also objects to the listing of his social security number on this Subpoena, a document which undoubtedly has been filed and is a matter of public record. Plaintiff would request that the portion of the Subpoena at question containing his social security number be stricken from the document and rendered unavailable for public viewing. Respecjir?lly Submitted, Date: o 9 m,f Esq. KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff CHARLES W. McCOBB, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-4390 CERTIFICATE OF SERVICE I, Lesley J. Beam, Esq., do hereby certify that on this 14th day of May, 2009, 1 TINA L. McCOBB, CIVIL ACTION - LAW Defendant. IN DIVORCE served a true and correct copy of the foregoing Objections to Subpoena Pursuant to Rule 4009.21 via regular U.S. First Class mail, postage prepaid, addressed as follows: Brian E. Sipe, Esquire 67 Buck Rood, B-5 Huntingdon VaAJ, PA 19006 Le le J. Beam, Esq. 1. El. 1175 4666 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHARLES W.MCCOBB, Plaintiff vs. File No. 20084390 TINA L. MCCOBB, : IN DIVORCE Defendant SUBPOENA TO PRODUCE DOCLgMNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Staff Judge Advocate General, Quantico Marine Corps Base, Bldg. 3250, Quantico, VA 22134-5001 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the coup to produce the following documents or things: All papers, reports or recordings of any kind, in the personnel file of Lt. Col. Charles McCobb, USMC (retired), social security number 264-43-2707, relatinq to an investigation begun in or around August, 2007 involving his wife, Tina McCobb (Tegtmeyer) and another woman. Included in this investigation should be notes by Col. David Kelley, Carlisle Barracks, War College, Pennsylvania from an interview with Tina McCobb about her husband, Charles McCobb. This request is made by Tina McCobb under the Freedom of Information Act as well as the Privacy Act and Pennsylvania law. at The Law Office of Brian E. Sipe, LLC, 67 Buck Road, B-5, Huntingdon Valley, PA 19006. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brian E. Sipe ADDRESS: 67 Buck Road, 8-5 Huntingdon Valley, PA 19006 TELEPHONE: 215-W50444 SUPREME COURT ID # ATTORNEY FOR: 200871 Date: 'eal of the Court BY 77UR athonotary? n Deputy . .. C Brian E. Sipe, Esquire Attorney I. D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 CHARLES W. McCOBB, : COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION vs. : No. 2008-4390 TINA L. McCOBB, Defendant : IN DIVORCE To Staff Judge Advocate: NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (Officer representing Judge Advocate General). certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on Date: 2009, have been produced. JAG Corp Officer Staff Judge Advocate Quantico Marine Corps Base Building 3250 Quantico, VA 22134-5001 FiLE_Li_? }r` OF 7HE 2009 KAY 1 114ti1 ? .. ,? Brian E. Sipe, Esquire Attorney I. D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 ,ms -w6 -0449 CHARLES W. McCOBB, Plaintiff vs. TINA L. McCOBB, Defendant COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION No. 2008-4390 : IN DIVORCE MOTION TO RULE ON OBJECTIONS TO SUBPOENA AND NOW, Movant, Tina L. McCobb, by and through Brian E. Sipe, undersigned attorney, presents the following Motion to Rule on Objections to Subpoena and, in and support thereof, avers as follows: 1. Movant is Tina L. McCobb, (hereinafter "Wife") who currently resides at 113 W. Desert Hills Drive, Phoenix, Arizona. 2. Respondent is Charles W. McCobb, (hereinafter "Husband") who currently resides in Harrisburg, Pennsylvania. 3. Husband and Wife were married on July 4, 2000. 4. Husband filed a Complaint in Divorce on July 23, 2008. 5. On April 15, 2009, Wife's counsel served a Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 on Husband's counsel. Wife stated her intent to serve a subpoena on Staff Judge Advocate General, Quantico. A true and correct copy of the Notice of Intent to Serve a Subpoena and the subpoena is attached hereto as Exhibit "A." 6. On May 14, 2009, Husband's counsel filed objections to the intent to serve subpoena. 7. Among other things, Husband objected to the subpoena on the basis that it requested irrelevant information because Husband did not request support from Wife. 8. The Court should note that Husband did not request Equitable Distribution, either. Wife requested both equitable distribution and support in her Counter-Claim, filed September 12, 2008, and attached hereto as Exhibit "B." Husband appears to accept the claim of equitable distribution but not support. Wife assets that no issue exists as to the Court hearing a claim of support, for although the counter-claim was sent late to Husband's counsel, Wife's counsel and Husband's counsel discussed the issue and, as it seemed at the time, resolved any questions relating to timeliness. As both claims were raised in the same filing, no issue should exist. 9. Wife is in need of the requested information from the Judge Advocate General's Office in order to prove grounds for support payments based upon adultery that resulted in an investigation by the military. These are the records sought through the subpoena. 10. Wife also seeks the information to show the effect of Husband's choices upon the marital property, including his own pension. It is alleged that this investigation will show that the military forced Husband to retire early, which Wife claims is a form of dissipation of marital assets. 11. Husband also states that the information is not particular in nature. 12. The information is very particular. It relates to an investigation begun by a particular member of the military, Col. David Kelley, and includes an interview of Wife. The date of August, 2007 is specified. These pieces of information limit the request to a very specific part of the personnel file of Husband. 13. Husband raises privilege and confidentiality issues. 14. The information sought involves reports by the military and in no way involves privileged communications between counsel and Husband. Likewise, no confidentiality attaches to such reports. These reports are criminal investigations and business records under military law and as such should be admissible under Pennsylvania law where relevant. 15. Husband claims that the records are the property of the military and are not subject to state subpoena. 16. Under the Freedom of Information Act and the Privacy Act, both of which are cited in the subpoena, Wife has the right to obtain any records mentioning her. Further, the military should respect a subpoena from a state court so long as no other rules prohibit the release of the information. Given the fact that Wife is mentioned in these records, she has the right to access them under these acts and the subpoena is the proper manner in which to request them. 17. Husband states that Wife should be able to discuss any interview of which she was a part from memory. 18. Wife answers that she seeks more than the record of the interview to which she was a party. Wife seeks any records involving her as Wife of Husband that arose from that interview. The interview was aimed towards the investigation, and Wife seeks the results of the use of her words from the interview. 19. It is respectfully requested that this Court order Wife to allow the subpoena to be issued. WHEREFORE, it is respectfully requested that this Honorable Court issue an Order overruling Husband's Objections to Husband's Intent to Serve Subpoena. Respectfully, -, ? Y;. 0 Brian E. Sipe Attorney ID No. 200871 Counsel for Movant Date: May 25, 2009 Brian E. Sipe, Esquire Attorney I. D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 CHARLES W. McCOBB, : COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION vs. : No. 2008-4390 TINA L. McCOBB, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Brian E. Sipe, do hereby certify that on May 25, 2009, I served a true and correct copy of the foregoing Motion to Rule of Objections on Lesley J. Beam, Esquire, at 4660 Trindle Road, Suite 201, Camp Hill, PA 17011, first class postage pre-paid. ?fG ? ?r Brian E. Sipe Atty ID 200871 ,4 Brian E. Sipe, Esquire Attorney I. D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 CHARLES W. McCOBB, Plaintiff vs. TINA L. McCOBB, Defendant COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION No. 2008-4390 IN DIVORCE NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Tina McCobb (defendant) intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to any of these subpoenas. If no objections are made., the subpoena may be served. Date: 4/17/2009 - ?- : i ? 2-?? ?-' Brian E. Sipe Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHARLES W. MCCOBB, , Plaintiff File No. 2009.4390 VS. TINA L. MCCOBB, Defendant • IN DIVORCE SLBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Staff Judge Advocate General, Quantico Marine Corps Base, Bldg. 3250. Quantico, VA 22134-5001 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All papers, reports or recordings of any kind, in the personnel file of LL Col. Charles McCobb, USMC (retired), social security number 264-43-2707, reladna to an investigation begun in or around Aupust, 2007 involving his wife, Tina McCobb (Tegtmeyer) and another woman. Included in this investigation should be notes by Col. David Kelley, Carlisle Barracks. War College, Pennsylvania from an interview with Tina McCobb about her husband, Charles McCobb. This request is made by Tina McCobb under the Freedom of Information Act as well as the Privacy Act and Pennsylvania law. at The Law Office of Brian E. Sipe, LLC, 67 Buck Road, B-5, Huntingdon Valley, PA 19006. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fait to produce the documents or things required by this subpoena within twenty (20) days after its service, the patty serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brian E. Sipe ADDRESS: ar Buck Rdaa, s`s Huntingdon Valley, PA 1WW TELEPHONE: 215.BOG01M SUPREMI: COURT ID # 2OW71 ATTORNEY FOR: eat of the BY TH UR Date: 92 thonotary, ' D' n Deputy ?? Brian E. Sipe Attorney I.D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215-805-0444 CHARLES W. McCOBB, Plaintiff T1NA L. McCOBB, Defendant n o O :,? ' tom) ` ? il'! C73 DEFENDANT'S ANSWER. COUNTERCLAIM AND NEW MATTER TO PLALNTIFF'S COMPLAINT IN DIVORCE Defendant, Tina McCobb, by his/her attorney, Brian E. Sipe, respectfully submits this Answer to Plaintiff s Complaint in Divorce, Counterclaim, and New Matter as follows: 1. Admitted; please note this address is no longer correct.. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. Defendant had followed Plaintiff from Virginia to New York at the cost of her own career. During this time, an extra-marital affair between the Plaintiff and a third party caused the both the Defendant Tina McCobb and the Marine Corps. to break ties with the Plaintiff. Defendant stopped in Pennsylvania for a short stay to attempt to work things out one last time. Defendant then moved to Arizona to stay with her sister and brother-in-law-. Defendant has never been with another man during the marriage between Plaintiff and Defendant. 6. Admitted. 7. Admitted. 8. Admitted. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 330 1(c) OF THE DIVORCE CODE 9. No response required. 10. Admitted. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 11. No answer required. 12. Admitted. 13. Admitted: however, the parties have lived separate and apart for only one year. NEW MATTERS COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(d) OF THE DIVORCE CODE 14. The prior paragraphs of this Answer, Counterclaim, and New Matter are incorporated herein by reference as though set forth in full. 15. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT IV. REQUEST FOR SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DIVORCE CODE 16. The prior paragraphs of this Answer, Counterclaim, and New Matter are incorporated herein by reference as though set forth in full. 17. Defendant lacks sufficient property to maintain the standard of living that she grew accustomed to during the marriage and could have provided for herself if she had not sacrificed her career so that her Plaintiff husband could move ahead in his own career. 18. Plaintiff sacrificed that career by committing adultery against the Code of Conduct for Officers of the United States Marine Corps, causing the Corps. to request his resignation. 19. Defendant requests the Court to enter an award of alimony in her favor pursuant to section 3701(a) and 3702 of the Divorce Code. WHEREFORE, plaintiff respectfully requests the Court to enter an award of alimonN in her favor pursuant to Section 3701(a) and 3702 of the Divorce Code. COUNT XIV. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(a)(1), 3323(b) AND 3702 OF THE DIVORCE CODE 20. No answer required. 20. Defendant has employed Brian E. Sipe, Esquire, to represent her in this matrimonial case. 21. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 22. Plaintiff is employed and has the ability to pay Defendants counsel fees. costs and expenses. 23). Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, plaintiff requests that, after final hearing, the Court order plaintiff to pa} defendant's reasonable counsel fees, costs and expenses. WHEREFORE, plaintiff respectfully requests that, pursuant to Section 3104(a)(1). 33233(b).'3702, and 4351(a) of the Divorce Code, the Court enter an order directing plaintiff to pay defendant's reasonable counsel fees, costs, and expenses. Brian E. Sipe Attorney for Defendant VERIFICATION I, Tina McCobb, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Gated nv? Tina McCobb Brian E. Sipe, Esquire Attomey I.D. 200871 67 Buck Road. B-5 Huntingdon Valley, PA 19006 215-805-0444 sipe a attornevsipe.com CHARLES W. McCOBB, Plaintiff/Respondent vs. TINA L. MCCOBB. Defendant/Petitioner Attomey for Defendant IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4390 CIVIL ACTION - LAW IN DIVORCE ORDER t AND NOW, this day of br??, 2008, upon consideration of Tina McCobb's Countercl JQ aim and New Ma ertf , it is hereby ORDERED and DEC y REED that the Complaint in Divorce is amended to include the issues raised by the defendant's in her New Matters, includin-a equitable distribution of the marital property, attomey's fees and alimony. Fl UE L', E -? ov CHARLES W. McCOBB, Plaintiff/Respondent VS. TINA L. McCOBB, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4390 CIVIL IN DIVORCE IN RE: DEFENDANT'S MOTION TO RULE ON OBJECTIONS TO SUBPOENA ORDER AND NOW, this ice' day of June, 2009, a brief argument on the within motion to rule on objections to subpoena is set for Thursday, August 6, 2009, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hess, J. ley J. Beam, Esquire For the Plaintiff ,,Iliian E. Sipe, Esquire For the Defendant Am 1. !g f o9. OF THE t-r?, -,)TARY 2009 'U 19 A IU: 3 8 ? 4 Brian E. Sipe, Esquire Attorney I. D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215-805-0444 CHARLES W. McCOBB, COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION vs. No. 2008-4390 TINA L. McCOBB, Defendant IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Tina McCobb, Defendant, certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) objections to the subpoena were received and then withdrawn, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: August 17, 2009 BriMi?pe Attorney for Defendant FILED-OFFICE OF lK PROT KIOTARY NO AUG 19 Ph 12: 34 LJIJIY?r "..+'t?v l y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Charles McCobb Plaintiff vs. Tina McCobb Defendant No. 2008-4390 IN DIVORCE AFFIDAVIT OF CONSENT c? C-) tCJ •^? 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed and served on 7/22/2008. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Tina McCobb Date: April 13, 2010 IN THE COURT OF COMMON PLEAS OF ^ COUNTY PENNSYLVANIA Charles McCobb Plaintiff vs. Tina McCobb Defendant No. 2008-4390 IN DIVORCE NOTICE TO THE PLAINTIFF If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER Section 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about September of 2007 and have continued to live separate and apart for a period of at least the time period specified in Section 3301(d) of the Divorce Code. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relatine to unsworn falsification to authorities. Tina McCobb Date: April 13, 2010 Brian E. Sipe, Esquire Attorney ID 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215.525.1511 215.525.1514 (fax) Charles McCobb Plaintiff vs. Tina McCobb Defendant Docket No. 08-4390 Attorney for the Defendant C"? o r- -'- Ci -- Q C: INVENTORY OF DEFENDANT PURSUANT TO Pa. R.C.P. 1920.33(a) Defendant files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ASSETS OF PARTIES. Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, workman compensation claim/award () 17. Profit-sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement( ) Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) (X) 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY. Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description of Property Names of Owner (s 1 T Rowe Price Capital Appreciation 4,331.69 H 2 T Rowe Price Blue Chip Account 5,591.11 H 3 T Rowe Price New Asia Account 10,633.23 H 4 T Rowe Price Health Science 17,784.27 H Account 5 (158.37) H USAA Growth Fund 6 3,521.35 H USAA Money Market 7 744 H MFCU money market 8 3,400 H MFCU 60 month IRA 9 3,300 H MFCU 60 month IRA 10 4,000 H MFCU 24 month IRA 11 16,400 H 14 15 16 17 18 Husband's military pension Alcatel-Lucent stock Wedding Ring (partly from non-marital funds) 2000 Grand Prix Chevy Trailblazer 32% of total H about $400.00 H about $400.00 W about $1000 W about $6000.00 H 19 Tax Stimulus $5589.00 H NON-MARITAL PROPERTY. Defendant lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: Item Description Names of Number of Property all Owners 1 OPERS Pension W 2 Union Bank of California Checking Account H 3 Virginia Real Estate H 4 MFCU Savings Account H 5 MFCU Checking Account H PROPERTY TRANSFERRED. Item Description No. 1 $15,000 legal bill for second opinion in defending court martial due to adultery 2 Wife: $10,000 MFCU Joint Checking Account 3 Husband: $15,7000 from various accounts LIABILITIES. Item No. Description of Liabilities 1 $1500 Visa bill 2 $2000 MasterCard bill Date of Transfer Unknown Transferee Consideration Unknown Date of Various: Separation Expended moving to new home. Date of Various: Separation Expended moving to new home. Creditors Visa Mastercard Second Opinion on legal consequences of his adultery Moving expenses Debtors H H VERIFICATION I, Tina McCobb, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: APB' 7 Tina McCobb Brian E. Sipe Member NY, NJ and PA Bars 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215-805-0444 . I Brian E. Sipe, Esquire Attorney I. D. 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 CHARLES W. McCOBB, Plaintiff vs. TINA L. McCOBB, Defendant .? r Qy 2M HAY 17 Ph 2: 24 ?1rYt? 'J1tl11 COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION No. 2008-4390 IN DIVORCE CERTIFICATION FOR HEARING BEFORE PERMANENT MASTER IN DIVORCE Tina McCobb, Defendant, by and through her attorney, Brian E. Sipe, Esquire, hereby certifies that the following has been completed and requests the Court to appoint a Permanent Master in Divorce: 1. Attached hereto are Inventory and Appraisement, current Income and Expense Statement, or copies of those previously filed pursuant to Rules of Court. 2. All discovery has been completed during the 19 months since Charles McCobb originally filed his divorce complaint.. 3. Unresolved issues of record are: Equitable Distribution (X) Alimony (X) Counsel Fees (X) Costs and Expenses (X) 5. A true and correct copy of this Certification and Exhibits has been served by regular mail to counsel for opposing party, or if unrepresented, to the opposing party. This Certification is Notice that an objection to the Certification must be filed within ten (10) days of the filing date; said objection must be filed with the Clerk of Family Court, and service made upon opposing counsel or party. The objection must specifically state the reasons for the objection. There are no outstanding Motions in this case pending before this Court. Plaintiff is represented by: Lesley Beam, Esquire Howett, Kissinger and Holst 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Defendant is represented by: Brian E. Sipe, Esquire Attorney ID 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 Brian E. Sipe Attorney for Petitioner Brian E. Sipe, Esquire Attorney ID 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215.525.1511 215.525.1514 (fax) Charles McCobb Plaintiff vs. Tina McCobb Defendant Attorney for the Defendant INVENTORY OF DEFENDANT PURSUANT TO Pa. R.C.P. 1920.33(a) Defendant files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ASSETS OF PARTIES. Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates (} 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, workman compensation claim/award () 17. Profit-sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement( ) Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) (X) 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY. Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description of Propertv Values Names of Owner s) 1 T Rowe Price Capital Appreciation 4,331.69 H 2 T Rowe Price Blue Chip Account 5,591.11 H 3 T Rowe Price New Asia Account 10,633.23 H 4 T Rowe Price Health Science 17,784.27 H Account 5 (158.37) H USAA Growth Fund 6 3,521.35 H USAA Money Market 7 744 H MFCU money market 8 3,400 H MFCU 60 month IRA 9 3,300 H MFCU 60 month IRA 10 4,000 H MFCU 24 month IRA 11 16,400 H 14 Husband's military pension 15 Alcatel-Lucent stock 16 Wedding Ring (partly from non-marital funds) 17 2000 Grand Prix 32% of total H about $400.00 H about $400.00 W about $1000 W 18 Chevy Trailblazer about $6000.00 H 19 Tax Stimulus $5589.00 H NON-MARITAL PROPERTY. Defendant lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: Item Description Number of Property Names of all Owners 1 OPERS Pension W 2 Union Bank of California Checking Account H 3 Virginia Real Estate H 4 MFCU Savings Account H 5 MFCU Checking Account H PROPERTY TRANSFERRED. Item Description No. 1 $15,000 legal bill for second opinion in defending court martial due to adultery Date of Transferee Transfer Unknown Unknown Date of Various: Separation Expended moving to new home. Date of Various: Separation Expended moving to new home. Consideration 2 Wife: $10,000 MFCU Joint Checking Account 3 Husband: $15,7000 from various accounts LIABILITIES. Item No. Description of Liabilities 1 $1500 Visa bill 2 $2000 MasterCard bill Second Opinion on legal consequences of his adultery Moving expenses Creditors Debtors Visa H Mastercard H Monthly Income Take home pay is $2552 per month. Monthly Expenses Rent $1295 per month Water/Sewer/Trash $75 (avg.) Cable/Phone/Internet $150 (bundle package) Electric $150 (avg.) Cell Phone $40 (pre-paid cell-reload at avg. of $40 per month) Paper $18 per month Renters Insurance $300 per year or $25 per month Car Insurance $1005 per year or $84 per month Car Maintenance/Repair $160 per month (see additional attachment regarding car repairs) Gas per month $200 (avg.) Prescription co-pays $80 (per month avg.) Medical co-pays $60 per month Groceries $400 per month avg. (does not include lunches/dinners out) Clothing $100 per month avg. Personal Care $150 per month (hairdresser, sundries, etc.) Cleaning Supplies $30 per month avg. Lunches/Dinners out $60 per month avg. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Charles W. McCobb VS. Plaintiff NO. 4390 Tina L. McCobb Defendant MOTION FOR APPOINTMENT OF MASTER Defendant moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ? Support ?X Alimony ? Counsel Fees ?X Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Brian E Sipe Es wire) 3. The staturory ground (s) for divorce are 3301(c) and 3301(d) 4. Delete the inapplicable paragraph (s): A B ?X C ? a. The action is not contested. b. An agreement has been reached with resnect to the following claims- C. The action is contested with respect to the following claims Equitable Distribution 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take three hours 7. Additional information, if any, relevant to the motion: Date: July 6, 2010 Attorney for Defendant Brian E Sipe Print Name ORDER APPOINTING MASTER AND NOW 20 is appointed master with respect to the following claims: By the Court, 2008 q 0 © - C- :. :.J co ?.?.. r'a •< ha Esquire, J. ?uL ? 200 ? Charles W. McCobb VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 4390 Tina L. McCobb the following claims: 2008 Defendant MOTION FOR APPOINTMENT OF MASTER Defendant , moves the court to appoint a master with respect to ?X Divorce ?X Distribution of Property ? Annulment ? Support ?X Alimony ? Counsel Fees ?X Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Brian E Sipe , Esquire). 3. The statutory ground (s) for divorce are 3301(c) and 3301(d) -n 4. Delete the inapplicable paragraph (s): A 0 B X CD t d C- 4 a. The action is not contested. 77 b. An agreement has been reached with resnect to the following claims: _ "t? C. The action is contested with respect to the following claims: -- h? Equitable Distribution c c.? tv 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take three hours 7. Additional information, if anv, relevant to the motion: Date: July 6, 2010 Attorney for Defendant Brian E Sipe Print Name ORDER APPOINTING MASTER AND NOW 20 /O ette-4 t -Z, Esquire, is appointed master with resp t to the following claims: An- z,br, A _ p U .S Wd h1 W0101 ) _,0 By the Cou J. ? t..ed, e 13eanc ?SG?l? ?r;Qn F e_ Copies "Jed I?/, Y//,P RKe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES W. MCCOBB, Plaintiff v. TINA MCCOBB Defendant NO. 2008-4390 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT PURSUANT TO PA.R.C.P. 1920.33(b) I. BACKGROUND INFORMATION A. PARTIES' INFORMATION --, ,~~ `- .W~ a ~~ ~, -r ~~ :~'~' ~ r~ '~= .. r" `gy ~ m ~~' ~ ~4 c~ 'r~' r-a ..a _~' -7s ~'~ ~ =y. ~ -~ °.~ €~' ~_ TABLE #1-A ~ `~ ~ ~ RLJ513~ ~ ,:. Name Charles W. McCobb Tina McCobb PO Box 1291 Address Stafford, VA 22555 Unknown* Names and Relationship of Daughter, Katherine McCobb Unknown* Persons Livin with P Husband suffers from coronary Health atherosclerosis, right wrist strain, Unknown* degenerative joint disease in his right lrnee and right thumb, and he is currently undergoing evaluation for health disease and other cardiovascular conditions. A e 48 46 Date of Birth 12/29/1961 02/03/1964 None Current Military Service Husband was formerly a member of None the United States Marine Corps Federal Emer enc Mana ement 1 Employer's Name and Agency (FEMA) Unknown* Address 500 C Street SW Washineton. D.C. 20472 Occupation (Job Position) ~ Program Analyst** ~ ~ Unknown* Est. Annual Income est $89,000 Unknown* He also receives approximately $45.000 in military retired uav Additional Information: *Wife has refused to produce information concerning her employment and residence, fabricating a claim that she was fearful of Husband, wherein there had never been physical violence from Husband to Wife, and Wife had never filed a claim for protection in any jurisdiction. Her failure to answer basic questions concerning identification of her address, her employer, the assistance she receives from others (including unemployment), and her attempts for employment when she is claiming failure to secure employment have thwarted Husband in his attempts to prepare his case for this Court. Her lack of cooperation has subsequently cost Husband additional expense for legal fees that he would not otherwise incur. **In his current job at FEMA, Husband is responsible for developing, monitoring and reporting program metrics and statistical data as it relates to the Program Development. Husband must ensure that the program to which he is assigned remains on budget and within congressionally-mandated funding guidelines. He is currently assigned to the Integrated Public Alerts and Warnings System (1PAWS). Husband and Wife were married in 2000, but did not enjoy a happy marriage. Husband was away from home a great deal during the parties' marriage due to the commitments of his position as an officer in the United States Marine Corps. Wife's paranoia and suspicion, along with her desire to spend all of the money that Husband could make, led to a great deal of stress between the parties. This culminated when Wife fabricated emails to the Marine Corps in an attempt to have Husband and a female friend of his in the armed forces (with whom he had been close but not physically intimate) dishonorably discharged. Wife did not produce any evidence of this, other than emails that had clearly been doctored. The allegations alone though led to pressure for Husband to retire from the Marine Corps, after almost 24 years of service. Husband lost additional military retired pay as a result of B. MARRIAGE INFORMATION TABLE #1-B SCRIPTION Date of Marria e 7/04/2000 Place of Marria a Stafford Vir inia Date of Se aration 9/24/2007 Grounds for Divorce 3301 c or d Prior Divorce Action Between Parties None 2 Number of Marria es for Wife 2 Number of Marriages for Husband 2 C. CHILDREN OF THIS MARRIAGE TABLE #1-C NAME AGE DATL.O~' BT~'I~ , 't~R~ ~ :- ''~'`; N/A D. SUPPORT FOR THIS MARRIAGE Neither party has applied for any order of spousal support in any state of residence. Husband has made no payments of spousal support to Wife since the parties' separation, nor has she paid any spousal support to Husband. E. PRIOR MARRIAGES CHILDREN OF OTHER RELATIONSHIPS OR MARRIAGES AND SUPPORT/ALIMONY FOR PRIOR MARRIAGES/ RELATIONSHIPS Both Husband and Wife were married once before their current marriage, although Wife has no children from her prior relationship. Husband was marred on December 24, 1983 to JoAnastasia McCobb, and divorced on December 16, 1999. This union produced two children, Shawn N. McCobb, born on May 1, 1986 and Katherine D. McCobb, born on June 22, 1992. Husband just recently finished paying child support for Katherine, but he pays for her college, and Katherine lives with him while she attends school. Husband pays $1,395 per month to JoAnastasia. F. PROCEEDINGS INFORMATION TABLE #1-F C ri L Date of Filin of Com laint 7/22/2008 3 Date of Service 7/31/2008 Manner of Service Certified Mail T e of Divorce Re uested 3301 c • 3301 d Economic Claims Raised None ANSWEI7.~`I'~RGL~ AItID~'Q~C:C~T$>~r~~x~~ 1~~~1'~=~+~~C ,. ~, ~,' T e of Pleadin Answer New Matter and Counterclaim Date of Filin of Pleadin 9/12/2008 T e of Divorce Re uested None Economic Claims Raised Equitable Distribution, Alimony, Alimony Pendente Lite, Attorney Fees, Costs & Expenses INCQNfE N .,. Date of Filin of Plaintiff s I&E Statement Concurrentl with this retrial statement Date of Filin of Defendant's I&E Statement None filed ~' INVEht ` ' S .' Date of Filin of Plaintiff s Inventor None Date of Filin of Defendant's Invento 5/30/2010 y x 3301 c 'DO ~. ~ . Date of Execution and Filing of Plaintiffs 3301 c Affidavit Not executed or filed at this time Date of Execution and Filing of Defendant's 3301 c Affidavit Not executed or filed at this time Date of Execution and Filing of Defendant's 3301 c Waiver of Notice Not executed or filed at this time ~~ 2 tip s~~3 F 7 1...' ..i - 3301 ~ ~:... L i z !r! .~i` _ Date of In-House Separation Date of Physical Separation 9/24/2007 Date of Expiration of 2 Year Separation Period 9/24/2009 Date of Execution and Filing of Plaintiff s § 3301(d) Affidavit Not executed or filed at this time Date and Manner of Service of § 3301(d) Affidavit N/A Date of Plaintiff s Notice of Intent to Request Entry of Divorce Decree and Praecipe to Not filed at this time Transmit Record Date of Service of Plaintiff s Notice to Request Entry of Divorce Decree and Praecipe to Not filed at this time Transmit Record Manner of Service of Plaintiff s Notice to Request Entry of Divorce Decree and § 3301(d) Not filed at this time Counter-affidavit slla c~'`: e~~crr~ Has the case been bifurcated? No Date of Decree Granting Bifurcation N/A If Bifurcation granted by Consent or after N/A Hearin Additional: Wife initially filed a divorce action in Maricopa County, Arizona, the county to which she moved upon the parties' separation. Husband was not residing in Arizona, nor was there any real estate owned in Arizona. Husband was forced to hire an attorney in Arizona to challenge jurisdiction, and hired local counsel to file a divorce action in Pennsylvania, the county of his residence, where Wife had resided. The Court in Arizona held that while it had jurisdiction to divorce the parties, it had no jurisdiction to enter an order concerning the economic issues. Soon thereafter, Wife withdrew her complaint in Arizona, and commenced liti ation in Penns lvania. II. ASSETS AND DEBTS A. ASSETS AND DEBTS ACQUIRED DURING MARRIAGE # ASSET MARITAL VALUE, PRE-TAX Proposed Distribution 1 T Rowe Price Capital Appreciation account $4,331.69 Husband Notes: This fund was opened during the marriage and was worth $4,331.69 at separation. 2 T Rowe Price New Asia account $10,633.23 Husband Notes: This fund was opened during the marriage and was worth $10,633.23 at separation. 3 Alcatel Lucent stock $400.00 Husband Notes: This stock was purchased during the marriage. The value of the stock is unknown but is believed to be nominal. 4 Marine Federal Credit money market #0013 $744.00 Husband Notes: This account was acquired during marriage and was worth $744.00 at separation. 5 Marine Federal Credit 60 month IRA #0040 $3,462.90 Husband Notes: This account was acquired during marriage and was worth $3,462.90 at separation. 6 Marine Federal Credit 60 month IRA #0041 $3,331.93 Husband Notes: This account was acquired during marriage and was worth $3,331.93 at separation. 7 Marine Federal Credit 24 month IRA #0042 $4,075.55 Husband Notes: This account was acquired during marriage and was worth $4,075.55 at separation. 8 Marine Federal Credit 24 month share $16,459.24 Husband Notes: This account was acquired during marriage and was worth $16,459.24 at separation. # ASSET, cont. MARITAL VALUE, PRE-TAX Proposed Distribution 9 MFCU Savings Account $18,768.41 Wife Notes: This account was acquired during marriage and was worth $18,768.41 at separation. 10 MFCU Checking Account $237.45 Wife Notes: This account was acquired during marriage and was worth $237.45 at separation. 11 MFCU Roth Account $3,429.34 Wife Notes: This account was acquired during marriage and was worth $3,429.34 at separation. 12 MFCU joint checking account $10,000.00 Wife Notes: This account was acquired during marriage and was worth $10,000.00 at separation. 13 Tax refund from stimulus $5,589.00 Husband Notes: Husband received a tax refund in the amount of $5,589.00 after separation from a year in which the parties jointly filed. 14 2003 Chevy Trailblazer $6,000 Husband 15 2000 Pontiac Grand Prix $6,000 Wife 16 Personal Property $8,000 Wife Notes: Value reflects all of the jewelry (including the wedding ring, engagement ring, gold chains, diamond earrings, diamond necklace, gold anklet and pendant) she received from the engagement and from the marriage plus the other items she took (including paintings and furniture) less the items of personal property he wants returned (marble chess set, oil painting of horses in a woodland setting, the wine bottle stoppers collection that Husband accumulated, and Husband's 50-piece tool set), less the property he retained (plasma tv and bed). TOTAL VALUE OF ASSETS ACQUIRED DURING MARRIAGE: $101,462.74 # LIABILITY MARITAL VALUE Proposed Distribution 17 Elan Incorporated Visa -$3,000 Husband Notes: The parties had a Visa with an approximate balance of $3,000, which Husband paid off after the separation. The exact figure is forthcoming. 18 USAA Federal Savings Mastercard -$3,739.50 Husband Notes: The parties had a Mastercard with the above balance at separation, which Husband paid. # LIABILITY, cont. MARITAL VALUE Proposed Distribution 19 Debt to military contract lawyer -$5,000.00 Husband Notes: This debt was incurred prior to the time that the parties separated, when Husband was forced to retain a lawyer to defend his military pension as a result of Wife's false allegations of adultery. 20 Rental property contract -$11,250.00 Husband Notes: The parties agreed to lease a property before separation and entered into the aforementioned contract. When the parties separated, Husband was forced to pay for this obligation. TOTAL VALUE OF DEBTS ACQUIRED DURING MARRIAGE= -$19,989.50 TOTAL VALUE OF ASSETS LESS DEBTS ACQUIRED DURING MARRIAGE _ $81,473.24 DISTRIBUTION TO HUSBAND = $35,038.04. DISTRIBUTION TO WIFE = $46,435.20 A 50/50 distribution of the assets and debts acquired during marriage would require Wife to transfer assets or cash to Husband in the amount of $5,698.58. B. INCREASE (AND DECREASEI IN HUSBAND'S SEPARATE ASSETS # ASSET MARITAL Proposed Distribution VALUE, PRE-TAX 21 Residence at 103 Theresa Drive, Stafford, $161,233.50 Husband VA Notes: Husband purchased the residence rip or to the marriage for $175,000, and the residence currently has an appraised value of $300,000. The mortgage was paid down during the marriage from $178,500 to $142,266.50. Increase in value of residence during marriage is $161,233.50. 22 USAA Mutual Fund -Growth Fund -$158.37 Husband Notes: This fund was worth $4,000 at marriage and $3,841.63 at separation, for a loss in value in the amount of $158.37. # ASSET, cont. MARITAL Proposed Distribution VALUE, PRE-TAX 23 USAA Mutual Fund -Income Stock $3,521.35 Husband (money market) Notes: This fund was worth $1,754.80 at marriage and $5,276.15 at separation, for a gain in value in the amount of $3,521.35. 24 T Rowe Price Blue Chip account $5,591.11 Husband Notes: This fund was worth $3,709.14 at marriage and $9,300.25 at separation, for a gain in value in the amount of $5,591.11. 25 T Rowe Price Health Science account $17,784.27 Husband Notes: This fund was worth $4,421.91 at marriage and $22,206.18 at separation, for a gain in value in the amount of $17,784.27. 26 Military Pension Husband Notes: This military pension is already in pay status, as Husband retired from the military shortly after marriage. Only approximately 28% of this portion was earned during the marriage of these parties, 50% of which would be 14% of the pension. Husband requests that his payment to her gets ordered as alimony, so that she pays tax on this payment, as, due to the length of marriage, the payment cannot be made directly by DFAS to Wife. 27 Union Bank of CA checking account -$148.11 Husband Notes: This account was worth $5,294.36 at marriage and was worth $5,146.25 at separation, for a loss in value in the amount of $148.11. 28 Marine Federal Credit checking #0009 $1,060.00 Husband Notes: This account was worth $992.18 at marriage, and $2,052.18 at separation, for an increase in value in the amount of $1,060.00. 29 Marine Federal Credit Union share savings -$673.72 Husband Notes: This account was worth $2,019.93 at marriage and $1,346.21 at separation, for a loss of value in the amount of $673.72. TOTAL INCREASE IN VALUE OF HUSBAND'S SEPARATE, PREMARITAL ASSETS DURING THE MARRIAGE _ $188,210.03 DISTRIBUTION TO HUSBAND =ALL ASSETS. To give Wife 20% of the increase of value of Charles' separate, premarital assets during the marriage, Husband would be required to transfer assets or cash to Wife in the amount of $37,642.01. C. INCREASE (AND DECREASE) IN TINA'S SEPARATE ASSETS # ASSET MARITAL Proposed Distribution VALUE, PRE-TAX 30 Ohio Public Employees Retirement plan $47,590.97 Wife Notes: This retirement plan was Wife's and had been acquired prior to marriage. During the marriage, the value of the plan increased from $30,893.64 to $78,416.50. TOTAL INCREASE IN VALUE OF TINA' SEPARATE, PREMARITAL ASSETS DURING THE MARRIAGE _ $47,590.97 DISTRIBUTION TO WIFE =ALL ASSETS. To give Husband 20% of the increase of value of Tina's separate, premarital assets during the marriage, Wife would be required to transfer assets or cash to Husband in the amount of $9,518.19. D. RECONCILIATION As stated above, a 50/50 distribution of the assets and debts acquired during marriage would require Wife to transfer assets or cash to Husband in the amount of $5,698.58. To give Wife 20% of the increase of value of Charles' separate, premarital assets during the marriage, Husband would be required to transfer assets or cash to Wife in the amount of $37,642.01. To give Husband 20% of the increase of value of Tina's separate, premarital assets during the marriage, Wife would be required to transfer assets or cash to Husband in the amount of $9,518.19. Reconciliation of these figures would require Husband to transfer $22,425.23 ($37,642.01 less $5,698.58 less $9,518.19) in assets or cash to Wife for an equitable distribution in this matter if there were no prior exchanges. However, Husband gave Wife $26,100 in various sums over the course of nine months from the time that the parties separated. These payments were not court-ordered support, and were taken directly from certain of the accounts referenced above. As a consequence, Wife would need to pay Husband $3,674.77 ($26,1001ess $22,425.23) in order to achieve the distribution proposed herein. In addition, Husband would pay to Wife no more than $269.44 per month of his monthly pension to Wife as alimony, which is one-half (%2) 10 of the marital portion of his pension less the cost of the survivor benefit plan, of which Wife is the sole beneficiary. This sum would have to be paid as alimony because Wife's portion of this pension cannot be assessed by DFAS and paid directly to her (due to the length of marriage under ten years), and so will have to paid directly by Husband from his after-tax payment of his military retired pay. The proposed distribution scheme, in dividing assets and debts acquired during the marriage in a 50/50 manner, and affording an 80/20 distribution of the increase in value of each parties' separate property, is pursuant to Section 3502(a) of the Divorce Code, which states that this Court may consider each marital asset or group of assets independently and apply a different percentage to each marital asset or group of assets. This argument is bolstered due to the relatively short length of the marriage, the fact that this is a second marriage for both parties, and the fact that a majority of the marital estate was fostered from sums of money taken from Husband's premarital assets. Husband has attached an exhibit of four schedules which encapsulates the information above, which exhibit shall be introduced at the hearing for assistance of the fact-finder. E. NON-MARITAL ASSETS Other than non-marital portions of retirement and other financial accounts which are already identified above (from post-separation contributions and the gain on such contributions) and personal property acquired post-separation, Husband does not allege any non-marital assets. III. WITNESSES A. Expert Witnesses: Husband expects to call the following expert witnesses at hearing: Jonathan Cramer, Conrad Seigel Actuaries 501 Corporate Circle PO Box 5900 Harrisburg, PA 17110-0900. Mr. Cramer will be testifying regarding his valuation of Husband's military retired pay and the computation of the portion that may be payable to Wife. 11 2. Daniel Phillips, Phillips Appraisals, LLC 2 Musket Court Fredericksburg, VA 22405 Mr. Phillips will be testifying regarding the value of Husband's real estate at the time of the parties' marriage. 3. Donald Frye, Triangle Group Appraisals 46 Townes Pl Fredericksburg, VA 22405 Mr. Frye will be testifying regarding the value of Husband's real estate as of November 11, 2009, which is the closest hereto that Husband has obtained). 4. Possible vocational expert, TBD.' 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 such becomes necessary. IV. EXHIBITSZ Husband plans on submitting the following exhibits at hearing, absent stipulations as to the relevant values: The appraisals of his separate real estate at the time of marriage and as of November 11, 2009, which date was the most recently ordered appraisal.3 2. Statements of Husband's mortgage as of the date of separation, and at marriage. 'The need for a vocational expert to assess Wife's earning capacity has yet to be determined because Wife has refused to answer properly served discovery concerning her last employer, current employer, the status of her unemployment compensation, if any, and the steps she has taken to attain employment, if any and applicable. ZAII items greater than three pages have not been attached to Husband's Pretrial Statement. 3This residence appraised higher closer to the time of the parties' separation, as the market was just starting to fall in 2007. Husband's residence has since lost value due to the burst of the housing bubble. 12 3. Account statements of Husband's USAA Mutual Fund -Growth Fund at marriage and at separation. 4. Account statements of Husband's USAA Mutual Fund -Income Stock at marriage and at separation. 5. Account statements of Husband's TRowe Price Capital Appreciation Account.*** 6. Account statements of Husband's TRowe Price Blue Chip Account at marriage and at separation.*** 7. Account statements of Husband's TRowe Price Health Science Account at marriage and at separation.*** 8. Account statements of Husband's TRowe Price New Asia Account.*** 9. Values of the Alcatel Lucent stock owned at present. 10. Statement showing the value of Wife's Ohio Public Employees Retirement plan at marriage and at separation. 11. Valuation of Husband's military retired pay, performed by Conrad Seigel Actuaries. 12. Statements showing value of Union Bank of California checking account at marriage and at separation.*** 13. Statements showing value of Marine Federal Credit checking account # 0009 at marriage and at separation.*** 14. Statements showing value of Marine Federal Credit Union Share savings account at marriage and at separation.*** 15. Statements showing value of Marine Federal Credit money market account #0013.*** 16. Statements showing value of Marine Federal Credit 60 month IltA #0040.*** 17. Statements showing value of Marine Federal Credit 60 month IlZA #0041.*** 18. Statements showing value of Marine Federal Credit 24 month IRA #0042.*** 19. Statements showing value of Marine Federal Credit 24 month share account.*** 20. Statement showing value of Wife's MFCU savings account, checking account, and Roth account. 21. Statements showing value of joint MFCU checking account.*** 22. Kelly Blue Book value of 2003 Chevy Trailblazer. 23. Kelly Blue Book value of 2000 Pontiac Grand Prix. 24. The parties' 2007 tax return. 13 25. Wife's 2008 tax return.4 26. Wife's 2009 tax return.5 27. Husband's 2008 and 2009 tax return. 28. Husband's most recent paystub. 29. Wife's paystub. 30. Letter from Department of Veteran's Affairs dated September 15, 2009. 31. Schedules I, II, III, and IV, detailing the marital value and proposed distribution of joint assets, Husband's separate assets, and Wife's separate assets, and the reconciliation of the distribution, respectively. 32. Husband's filed Income and Expense Statement. 33. Statement showing Husband's outlying debts at time of separation.*** 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. It is expected that the parties will be able to reach a stipulation on many items in advance of trial. To the extent the parties cannot stipulate to all values, they will exchange exhibits in advance of trial. ***These exhibits have all been exchanged through discovery, among other documents. V. INCOME OF PARTIES Wife's income and/or earning capacity is unknown due to Wife's failure to answer properly served discovery. Husband receives the following salary on a bi-weekly basis as follows: Gross Salary - $3,412.80 Federal Withholding - $650.23 FICA - $211.59 State Income Tax - $177.64 Medicare - $49.49 Other -Federal Employees Group Life Insurance- $13.80 Mandatory retirement contribution - $27.80 Net per pay period - $2,282.75 Net Pay per month: $4,945.96 Other income -military retired pay $3,772.94 Total monthly income: 8 718.90 4This return has not been provided to Husband. SThis return has not been provided to Husband. 14 VI. EXPENSE STATEMENT (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent $1027.00 Maintenance $250.00 Utilities Electric $125.00 Internet/telephone/cell $175.00 Water $50.00 Sewer & trash $25.00 Furniture $75.00 Employment Employment expenses $50.00 Public Transportation $300.00 Lunch $250.00 Taxes Real Estate $200.00 Personal Property $25.00 Income6 $25.00 Insurance Homeowners $100.00 Automobile $50.00 Life' 6Expense accounted for in computation of net monthly income above. Expense accounted for in computation of net monthly income above. 15 (Fill in Appropriate Column) EXPENSES, cont. WEEK MONTH YEAR Health $125.00 Automobile Payments Fuel $325.00 Repairs, Maintenance $350.00 Medical Doctor $75.00 Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces etc.) Education Private School Parochial School College8 $200.00 Religious $100.00 Personal Clothing $250.00 Food and Household Supplies $600.00 Barber/Hairdresser $50.00 Credit Payments Credit card gExpense is for Husband's certification training. 16 (Fill in Appropriate Column) EXPENSES, cont. WEEK MONTH YEAR Memberships Loans Credit Union Household Help Papers /books/ magazines $25.00 Entertainment, including dining $200.00 Pay T.V. $150.00 Gifts $50.00 Legal Fees $1,000.00 Charitable Contributions $100.00 Vacation $100.00 Daughter's college $650.00 Payments to first wife $1,395.00 TOTAL EXPENSES $8,497.00 VII. RETIREMENT Both parties have pensions. See assets above. VIII. COUNSEL FEES AND COSTS Because Husband asserts that each party should be responsible for his or her own counsel fees, costs, and expenses, 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. Husband requests the return of the following 17 property, in good condition: the marble chess set, the oil painting of horses in a woodland setting, the wine bottle stoppers collection, and his 50-piece toolkit. X. MARITAL DEBT See above. XI. PROPOSED RESOLUTION. Because of the relatively short length of the marriage, the fact that this is a second marriage for both parties, the fact that a majority of the marital estate was fostered from sums of money taken from Husband's premarital assets, Husband proposes to split the increase in each party's separate estate 80-20, and distribute the joint estate 50-50. As a consequence, Wife would need to pay Husband $3,674.77 ($26,1001ess $22,425.23) in order to achieve the distribution proposed herein. In addition, Husband would pay to Wife no more than $269.44 per month of his monthly pension to Wife as alimony, which is one-half (%z) of the marital portion of his pension less the cost of the survivor benefit plan, of which Wife is the sole beneficiary. This sum would have to be paid as alimony because Wife's portion of this pension cannot be assessed by DFAS and paid directly to her (due to the length of marriage under ten years), and so will have to paid directly by Husband from his after-tax payment of his military retired pay. There would be no additional payment of alimony or any contribution for counsel fees, except that Husband reserves the right to seek counsel fees due to Wife's failure to answer properly- served discovery. submitted, Date: ~ ~ ~ ~ (~ ~~ sley a ,Esquire & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles W. McCobb 18 VERIFICATION I, Charles W. McCobb, hereby swear and affirm that the facts contained in the foregoing plaintiffs pretrial Stata[s1t R.~'.~[1t 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. 11/Ol/10 sa~~~~ DATE CHARLES W. MCCOBB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES W. MCCOBB, ) Plaintiff ) v. ) TINA MCCOBB ) Defendant ) NO. 2008-4390 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Plaintiff, Charles W. McCobb, in the above- captioned action, hereby certified 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 Brian E. Sipe, Esquire, counsel for Defendant, Tina McCobb, by faxing such and depositing same in the United States mail, first class, on November 1, 2010, addressed as follows: Brian E. Sipe, Esquire 67 Bucks Road #B- Huntington Va y PA 19 0 Date: ~ ( d sle J. a ,Esquire O E T, SSINGER & HOLST, P.C. 130 alnut Street P.O. BOX 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles W. McCobb 19 ~ w z ~ ~ W ~ ~ r- ru ` ~ ~ ~ H ' S ~ N (~ Q ~ N ~ ~ O ~ ~ ~ ,~ H 4 y ~ . H tC ~ a a O y N p~ ~ , m -o °a 0 O IL ~t LL. o ~ '`~- x ~ I ~ M N o m ~N ° c LL >g ~ Z £ p ~' aZM ~ M Nmw ~ v ~i o ~ ~ I ra iWO.pp O ~ ~Q~ p ~ L Y ,- ~ ~ I Or,~ ~ ?,~Z~ N p U N m N I W 4~ O~ E a`. }w~ w ~Nm i a °- a '~~' w~ C ~ ,,, ~~ ~ v m ~ ~ 2 Y ~ 4+ .~+ y- ; C ~i G ~ J OOQ ; ~ ~C~ ~ I '~ ;~~ p ~ p ~ O N ?Z~ aJ N ~m ~ °o ' !r~ ~ oac ago i ~~ v ~ ~+ __`'---~~~,o i j ~ V ~ ti1 ~ry LL ~ ter. ~~ Q UQ.+ I ~ a4 N ~ ;~_ « -~ ~~ q Z p L W Y~ .. 3 w ~- W ~ ZO CG Td `.• ~. ~ ~ ,,~ 3 ~ ~ ~ 4~ O ~ Z _ ~ I W ~ Z ~ o is I uuo`.~ N H °~rWZ i,JT.N C °v ~'t3 0 ~ ~ ~ s~ ~' N Op~a~ ~ oW N Q Q 7 N tC~ ~i ~ w `O V t) ~ OV ~ tz '~ ~ ~ ~ u' 0.. r J ° N Z~~~ ~~r d o o `, ~ W 3S~Q ~ W: m o ~ J4 N~a~b o I Q °° o W.~~ca y~> ~ ~ ~ a '~ } V o J W~ r>~ p~ a ,ACC t Z ~ ~ rt ~ aQNN C ~ ~ N M i = Q `a o ~~ a ~ m ~ ~ cxL a ~ g ~ ~ ~ V~MW W ~ ~ V~ U:3 O M y aND u' z ~ w s~ m' v L -~ :~ i Z 4,± rz ~O W $ o r v~ ~~ M w ~p ~ Q m N ON a r ~ a ~ O ~ tit ~ u. ~ .E NN G ~ D ~ < ~ ~ ~ ~ c~~ Z ~ ~ J ~a N s ~ m N ~. LL ~ ~, H a i U =A -~.. Alcatel• Lucent p p, Rta>b 600-700 Mountain Avenue Chief Executive0fficer Murray Hill, NJ 07974-0636 USA 54, rue la Bootie 75008 Paris France To the Former holders of LucentTechnologies Inc. common stock: LucentTechnologies and Alcatel completed their merger on November 30, 2006, creating the world's leading communication solutions provider. As a result, your shares of Lucent common stock have been converted into Alcatel-Lucent American Depositary Shares (ADSs). Many ofyou were long-term owners of LucentTechnologies, and I hope you will considerAlcatel-Lucent to be a long-term holding in your current portfolio. We believe the combined Alcatel-Lucent will be a strong, stable and enduring communication solutions provider that will help service providers and enterprises navigate the telecommunications landscape of today and tomorrow. The company is global in scale (with a presence in 130 countries), has established customer relationships with major service providers in the industry, and is a leader in next-generation communications networks with a comprehensive, yet finely honed portfolio oFindustry-leading products and services. This is an exciting time For our company and our shareowners. We believe the Alcatel-Lucent combination will generate revenue growth and significant cost synergies that will help drive growth in earnings and a level of shareowner value that neither Lucent or Alcatel could achieve on its own. The "Answers to Frequently Asked Questions" enclosed with this letter provides more information about the exchange of your Lucent common stock into Alcatel-Lucent ADSs. Also enclosed are a check for the cash value of any fractional ADSs you were entitled to as a result of the exchange, IRS Form 10998 for your income tax preparation, a DRS Transaction Advice stating how many ADSs you own, a Direct Registration brochure, and directions For liquidating your account in case you choose not to own~iTce~ef-" Lucent ADSs. If you still have questions about the exchange of your Lucent shares forAlcatel-Lucent ADSs, please call The Bank of New York at 1-866-406-6662 or outside the United States and Canada at 1-212-815-3700. Any non-exchange related questions about your account should be directed to The Bank of New York at 1-888- 582-3686. In the meantime, welcome to Alcatel-Lucent. Sincerely, ~~~~~ /~ Patricia F. Russo ~~ DIRECT REGISTRATION TRANSACTION ADVICE Carripany Name: ALCATEL-LUCENT Security Description: ADR CUSIP Number: 0139o4so5 Account Registration: *******AUTO**SCH 5-DIGIT 11530 CHARLES W MCCOBB i TINA L M00088 JT TEN 312 ELLIN6TDN AVE EAST GARDEN CITY NY 11530-4804-12 Inalluall~lala,all~llunlnllni~llna,la,in~llni~lualll Depositary: The Bank of New York Depositary Account Number: 0034764423 Telephone Number: 1-ggg-582-3686 Transaction Date: ivosio6 TranSaCtlOn DeSCrlption: EXCHANGE ENTITLEMENT Transaction Advice Number: DRS 00014596 Transactioh Shares: 120.0000 DRS Current Balance: 120.0000 Retain this Advice as a record of your ownership of the above security. ~ FOLD AND DETACH HERE ~ • FOLD AND DETACN HERE SALE REQUEST FORM - (SEE REVERSE SIDE FOR ENTRY INSTRUCTIONS) ADSs will be sold subject to the terms and conditions detailed in the Global BuyDIRECTs"' Plan for Alcatel-Lucent ADS holders, which are also referenced in the enclosed Direct Registration pamphlet. By signing below I/We agree to the Terms and Conditions outlined iin the Global BuyDIRECTs"" Plan, which is administered by The Bank of New York, with respect to any sales by me/us. Box #2 ~ Sell my Direct Registration~ADSs: Box;t1 ~ Chanpemyaddress - Mark this-box and complete on reverse side. (Indicate number of whole ADSs) Q Alt ADSs (check here) AI Rquatr areal bs Signature I Signature Date Daytime Telephone No. . d1aM ~ all ngbdand / wmaa 1 ) PLEASE MAKE NO MARKINGS BELOW THIS DOTTED LINE - --- -~34-6~_~.m~-QZ~~"'-DQ3~}7b~F~3_____..~.___OODO~OIIQIIUOZ --~____~_~_~._ ~._.___ ....~ __. hi BNY MELLON SHAREOWNER SERVICES P.O. Box 358035 Pittsburgh, PA 15252-8035 0003594 O1 !18 0.382 +•AVTO T5 0 3817 22555-259191 C01 Bll9~,I - III I1111'1'1'I'11'i'illl'111'II I'I'I ~1I11111"'1I11111"I'11'I CHARLES W MCCOBB 8 TINA L MCCOBB JT TEN PO BOX 2591 STAFFORD VA 22555-2591 Year-To-Date Account Summa As oF: oanar2ooa TOTAL MARKET VALUE (~ CLOSING PRICE (f) ~ 420.00 3.5000 TRADING FEES PAID BY (i1 SERVICE FEES PAID COMPANY EHO COMPANY HARE CASH SALE OF PLAN SHARES GROSS PROCEEDS .TAX M Shareholder Of• 3817 01 0003594 0008554 Page 1 s ALCATEL-LUCENT GLOBAL BUYDIRECT PLAN STATEMENT PRINT DATE: 08/26/20( CUSIP: 001-451-013904: SYMBOL: AL ACCOUNT KEY: MCCOBB-CHARW01t INVESTOR ID: 1250682909; FOR QUESTIONS CONCERNING YOUR ACCOUNT PLEASE CALL 1-888-562-3666 Save this Statement for Tax Purpose DIVlDa1DE NET AMOUNT ~_ _... TAX WITFIHECDj><). 71RtOUNT TO INVEST (f)- ---:INVESTED{~ CERTIFICATED SHARES HELD SHARES HELD BY TOTAL 1RE8 HELD BY YOU BY PLAN OTHER PLAN(S) SHARES 120.0000 120.0000 r`ulrent A~tivfty /ninrnl~tfnn - RECORD DATE TRANSACTION DIVIDEND SHARES ACQUIRED CASH TOTAL PAYABLE DATE DESCRIPTION RATE OR WITHDRAWN INVESTMENT (i) GROSS (ty PARTI CIPATING RECOR D DATE DISTRIBUT ION TAX TRAORI6 RELB rNO sv n) sERVKE rsES FND sY Is- TOTAL CERTIFCATED SHARES SHARES HELD SHARES HELD BY TOTAL WITHHELD (:y ca.~wv earwr arwncloe~ NET (iy HELD BY YOU BY PLAN OTHER PLAN(S) SHARES Year-To-Date Detail SHARES HELD BY PLAN 120.001 ALCATaL-LUCaNT Partial Withdrawal (Continue Plan Participation) Additional Cash Investments CU51P: 001-451-01390430 ACCOUNT KEY: MCCOBB--CHARW0100 Issue a certificate for this Write the amount enclosed: --- -- CHARLES W MCCOBB d number of shares: ~ ~ ~ TINA L MCCOBB JT TEN __ __ . ____ Make check payable to: ---_-. ._ PO BOX 2591 ~ ~~ ^ ~ - STAFFORD VA 22555-2591 SeN this number of shares: l ~ BNY MELLONIALCATEL-LUCENT - __ __-- --.__._ __,_ I YOU MAY INCREASE YOUR SHARES WITH OPTIONAL CASH INVESTMENTS OF;50 Full Withdrawal (Terminate Plan Participation) uPTO;100,000ANNUALLY (( I Issue a certificate for all full shares I__ _J and a cheek for fractional shares. Deposit of Certificates AI owner(s) must sign and date stave Deposk the enclosed r-umbar ~ ~ Sell all plan shares, of shares: r 7575 125068290934 00145101390430M000BB---CHARW0100IR00128 - - .. _, .. :_. Member Namee SSI~E; Atidre~; ir+np~oy~rz -tom of ~art;a: a Ttr~a Louise T2g'trneyer 27D-7{3-5$~F2 1~3 3heresa Dr No Azti~e Emaleyer 02,j03j 19ak - Starfara, v~- Zzssa~ . _{ x_ ,.~ _ ., _~,~ - .- t - ._ Primed or ?ufy Z7, 2r~t14 Accumulated Contributions Accumulated Interest Matching Antoexi°tt Total account ~i~,i~k;3t... ^JL,.~i L~7. y'..' Of y©ur fatal account value, $13.OD has already been taxed and ~76,0~7.2.T is ears,•"tiered taxa~i"~. Understate retirement law, bhess Contributions are not subject to execurion, gar,~iSf7rT°4?~r attachment, the operation of Bankruptcy or insolvency laws. Should you Dave a,~y guestions, please fee! free to calf C3PirRS at ~-~3p4~-222-?3~7. c v~, i2~ n/7 57~y~~~1 ~~N7- SH~1CC ,~3~ pi2o vl,D~Q hitps:!/me~uber.opers_orb/eI1~SJmbrViewAcct~unt~,Tatusi.eiter.cit~ %'.!2'l.•'3'_';G- ~~~ OPERS Ohio Public Employees Retirement System Tina Louise Tegtmeyer Tina McCobb Contributions (see pages 4 and 5 for a detailed explanation) Contributions as of December 31, 2008 $30,893.64 Additional Annuity and Applicable Interest $0.00 Account Value (see pages 4 and 5 for a detailed explanation) Account Value as of December 31, 2008 $79,528.76 Servfce Credit (see page 5 for a service credit breakdown) Service Credit as of December 31, 2008 13.707 years Projected; Retirement You estimatedannual pension at March 01, 2024 ~ x$10,832 Health Care Coverage When applying for age and service retirement, OPERS members currently must have at least 10 years of Ohio service credit in the plan to qualify for one of the OPERS health care plans. Your eligibility for health care coverage will be determined at the time you apply for retirement. Please refain this statement for your records 212 0 4 5 617027698 __- Conrad Siegel A C T U A R I E S The Employee Benefits Company Conrad M. Siegel, F.S.A. Harry M. Leister, Jr., F.S.A. Clyde E. Gingrich, F.S.A. Robert J. Dolan, A.S.A. David F. SGriing, A.S.A. Robert J. Mrazik, F.S.A. David H. Killick, F.S.A. Jeffrey S. Myers, F.S:A. Thomas L Zimmerman, F.S.A. Glenn A. Haler, F.S.A. Kevin A. Erb, F.S.A. Frank S. Rhodes, F.S.A., A.C.A.S. Holly A. Ross, F.S.A. Janet M. Leymeisler, CEBS Mark A: Bonsall, F.S.A. John W. Jeflrey, F.S.A Dense M. Pdin, F.S.A. Thomas W. Reese, A.S.A. Jonathan D. Cramer, F.S.A. John D. Vargo, F.S.A. Robert M. Glus, F.S.A. August 13, 2010 Lesley J. Beam, Esq. Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Re: Charles W. McCobb Dear Ms. Beam: 501 Corporate Circle • P.O. Box 5900 • Harrisburg, PA 17110-0900 Phone (717) 652-5633 Fax (717) 540.9106 www.conradsiegei.com You requested that I make a calculation of the marital portion of Mr. McCobb's military retirement pay which is attributable to his second marriage to Tina McCobb. You also asked that I calculate the amount due to be paid to Tina McCobb on the assumption she would receive 50% of the marital portion of the divisible retirement pay (exclusive of VA disability waiver) less, the full cost of her survivor benefit plan premium. My calculations are based upon the following information provided: 1. Charles and Tina McCobb were married on July 4, 2000, and they separated on September 24, 2007. They were married for 7.23 years, all of during which Mr. McCobb was enlisted in the military. 2. Mr. McCobb retired from the military on July 1, 2008, with 25 years, 7 months and 3 days of service. This equates to 25.58 years of service. Bruce A. Senn, CEBS, CFP Laura V. Hess, F.S.A. Vicki L. DelligatG J. scoff Gehman, CEBS William J. Shipley, F.S.A. Joshua R. Mayhue, A.S.A. Charles A. Eberlin, E.A. Abigail S. FoAino, A.S.A. Jonathan A. Sapochak, A.S.A. Andrew S. Greenawalt, A.S.A. 3. Documents provided to Mr. McCobb at the time of retirement indicate his gross monthly retired pay, the portion of which is being waived to receive VA disability compensation, the survivor benefit plan cost, and the net disposable retired pay. Mr. McCobb also provided updated figures since he received a 1.2% cost-of-living adjustment in January 2009 and since his VA waiver amount has been adjusted periodically since his retirement. The following table displays the information provided to me. Amount at July 1, Current 2008 Retirement Amount Gross Retired Pay -Monthly Less: VA Disability Waiver Less: Survivor Benefit Plan Cost $4,668.00 $4,724.00 - 610.00 - 644.00 - 303.42 - 307.06 I\et Disposable Retired Pay -Monthly 7 4. 3.772.94 Conrad S~eg~l A C T U A R I E S Lesley J. Beam, Esq. August 13, 2010 Page 2 The portion of Mr. McCobb's retirement pay which is attributable to the marriage of Charles and Tina McCobb is calculated based upon a coverture fraction. The numerator is the years of service performed during the marriage, which was 7.23 years. The denominator is the total years of service at the time of retirement, which was 25.58 years. Hence, the coverture fraction is 0.2826 (7.23 divided by 25.58). Based upon the requested calculation outlined above, the calculation of the entitlement to Tina McCobb is as follows: Gross Retired Pay $4,724.00 Less: VA Waiver - 644.00 Divisible Retired Pay $4,080.00 Multiplied by 50% x 50% Multiplied by coverture Fraction x 0.2826 Preliminary Award $ 576.50 Less: SBP Cost - 307.06 Award to Alternate Payee 2~,~ /mo. Thus, if Tina McCobb is to receive 50% of the marital portion of the divisible retired pay, which excludes the VA disability waiver, and if she is to bear the full survivor benefit plan cost, then her monthly entitlement is $269.44. As we discussed, since the parties were married for less than 10 years, DFAS will not Honor a Court Order and pay her awarded share to her directly. As such, Mr. McCobb will need to make direct payments to Tina McCobb. This direct payment may be handled through an alimony award. By handling it as an alimony award, Mr:-McCobb will be able to deduct such payment for income. tax purposes and Mrs. McCobb will report such income as taxable. If the award is not handled through alimony, the $269.44 per month payment will need to be reduced to reflect the effect of income taxes. If you have any questions regarding my calculations, please contact me. With best regards, Yours sincerely, ~• Jonathan D. Cramer, F.S.A. Consulting Actuary JDC:kad %~~=tJ7,3,Q79 TI~7A ~ ~iC:OBB .~-,~ __i Qa, 1D 0001 FRI?S~.RJ,. SEiARE BPsCt'1i1n131G Balance 1 _" ~~ c _ .~ -- ;._ ~eL'JSi- l~ividerd 0% -_ _- _--- -c ~~Vi4Q_ r~rcGntaga Y_e=d =a.^e~^ ~ = ~- ~~` _---~ -- - __ _- Basea or_ Average Dai- Bala - of -_=Yo' ~ _ - 1=,'2"= _ , 2J =naracva7 ?r~.Ci3rOm8^i'__caI28=°'vi~ Sa..~ ,. .. ... -_~.,..,,, ___ _ ., ~VO'v , 2~, LuVt~ 22 :02 2Ce' : 50'8792 il; 3 D Enciir_« 3alance _3 _~ _' , '; 9 Di~-iderds Pa? d Year to Date 205.00 A 1.000 Dividend of $11.85 wi'_1 be posted on 12/01/08 33./01 ID 000 9 CFiPCKING Beainnin a Balance 195.75 1ij01 Deposit Dividend 0.500 0.09 195.8?~, Annual Percentage Yield Earned 0.53$ from 10/01/08 thr ough 14/ 31j08 i1J24 11%23 Deposit MFCU~Home Transfer From Share 0001 630.00 825.8? Nov. 23, 2008 22: 02 Ref: 568792 - II/25 Draft 001409 -630.G0 195.84 ~'~~ ' 11/30 Ending Balance 195.84 ~ Dividends Paid Ye ar to Date 5.37 A 0.500 Dividend of $0.10 will be posted on 12/01/08 n, ^ } Number Amount Number Amount Number Amount Number Amount `M1-~~~= 001409 630.00 '- 1 ~~ --~ Tn.~Q~ A__~0 MONTH ROTH TRA CSi2TIFICATS Be ainninc Balance 3593.43. 11/O1 11/30 Deposit Dividend 4.000 --~.Tm.~ 2ti05~62 Annual Percentage Yield Earned 4.07$ from 10/01/48 through 10/31/08 Ending Balance 3b05.o2 60 MONTH ROTH IRA CERTIFICATE will mature on 03/27/09 Nontaxable Dividends Year to Date 130.18 Fs 4.000 Dividend of $12.86 will be posted on 12JC1/08 Total Current Year Roth IR~1 Contributions 0.00 Total Dividends Paid Year to Date 210.37 Total Nontaxable Dividends Year to Date 130.18 Account Balance Summary Total Shares Balance Total Loans Balance PRIMARY SHARE 13947.79 CHECKING 195.84 60 MONTH ROTH IRA CERTIFICATE__-- 3605.62 17749.25 '~ Do you own this car? It may qualify fora $3,500 or $4,500 credit (in lieu of trade-in cash) toward the purchase of a more fuel-efficient new car. Click here to find out ~, Condition Value Excellent $6,750 ~ Good $6,225 (Selected) Fair $5,550 :Vehicle Highiights :Engine: 6-Cyl. 4.2 Liter :Transmission: Automatic 'Drivetrain: 4WD ~3Selected Equi pment 'Standard iLS Tilt Wheel Roof Rack IAir Conditioning AMJFM Stereo Privacy Glass !Power Steering Single Compact Disc Alloy Wheels !Power Windows Dual Front Air Bags ;Power Door Locks ABS (4-Wheel) Blue Book Private Party Value Private Party Value is what a buyer can expect to pay when buying a used car from a private party. The Private Party Value assumes the vehicle is sold "As Is" and carries no warranty (other than the continuing factory warranty). The final sale price may vary depending on the vehicle's actual condition and local market conditions. This value may also be used to derive Fair Market Value for insurance and vehicle donation purposes. Vehicle Condition Ratings Send to Printer ~E~. ~_ PRICE ~~ THE TAG iS fiHE PRfCE YC~U PAY ;'r E< .~' Close Window Excellent 2003 Chevrolet TrailBlazer Sport Utility 4D BLUE $~t3~{ FR~YATE PARTY ~tAL(JE --.-.---- advertisement __~_..~. -- $5,750 • 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. Less than 5% of all used vehicles fall into this category. ~ Good (Selected) ~~"~ ~~~ $6,225 • Free of any major defects. • Clean title history, the paints, body, and interior have only minor (if any) blemishes, and there are no major mechanical problems. • Little or no rust on this vehicle. • Tires match and have substantial tread wear left. ~ A "good" vehicle will need some reconditioning to be sold at retail. Most consumer owned vehicles fall into this category. Fair ~~~ - $5,550 • Some mechanical or cosmetic defects and needs servicing but is still in reasonable running condition. • Clean title history, the paint, body and/or interior need work performed by a professional. • Tires may need to be replaced. • There may be some repairable rust damage. Poor ~~~ Nip • Severe mechanical andJor cosmetic defects and is in poor running condition. • May have problems that cannot be readily fixed such as a damaged frame or crusted-through body. • Branded title (salvage, flood, etc.) or unsubstantiated mileage. Kelley Biue Book does not attempt to report a value on a "poor" vehicle because the value of these vehicles varies greatly. A vehicle in poor condition may require an independent appraisal to determine its value. * Pennsylvania 7/14/2009 ,~. ~ ~~ ~~~v~E~ ~~~~~ Send to Printer ___ _ _ ___ --~-w----~----~------ ~_._..~:~._.___:::.~.:_ ___._ _ ~ ._~: t7rt fop o~ €~~';~ +currrent offers: S $ '`„ „~" _ ~ 3eo if you qualify. -~ _,.. ~,~i~ ~i" ~~+~C~O CalSt1 Ftw''Yot.~1` ~Ui~C~r; __ +~!~ r If x,rde-in Rl,F~ifrL3. au carp r~ r,;~C~ ;~cr ra=:ie: v~rrcte t~t'thi5 8att11"rtCsC ~3C' 8 ~o:'4'r!Ti±7~f1; °€~~{~; s~~t ~ z:L"ar, „ore fu~3 Cf)?iCtf GtA 'sr'ehaCi~ ` 20tH ~r irLnbu ~ ~.8u(idr ff1+e~rwr - .: 2006 c~#iC bi~ra .~. , _-- - _-_ -- _ EP11e~L711PtioaiAfn~O trA#MliyllnowlirdYFllloatRl/+8cwriwd_ _ --__-_--,_--- _--- 2004 Pontiac Grand Prix GT Sedan 4D BLUE B~?t~iC PRiYATE PARTY YALlBE Condition ~ Excellent (Selected) Goad Value $6,955 $6,430 I~air $5,805 ------~, advertisement ..----.- ~i ~~~ Ort tap ~ ~!'s ~ offers: $ti~~ or ~~1~ i FOr Yol:If t~tg"Ik~: Ifyo_~l~_... a~ti.~t_-. ~'!t ..~ n rcCy yc.u o ~er y~ ; ~ ~ i ~o ~c '~r~atc3 ~,.r a ,r ~ See if yC?ll quaiify. Vehicle Highlights :Mileage: 60,000 'Engine: V6 3.8 Liter Transmission: Automatic Drivetrain: FWD Selected Equipment Standard :Air Conditioning Tilt Wheel Dual Front Air Bags Power Steering Cruise Control Power Seat Power Door Locks Single Compact Disc Blue Book Private Party Value Private Party Value is what a buyer can expect to pay when buying a used car from a private party. The Private Party Value assumes the vehicle is sold "As Is" and carries no warranty (other than the continuing factory warranty). The final sale price may vary depending on the vehicle's actual condition and local market conditions. This value may also be used to derive Fair Market Value for insurance and vehicle donation purposes. ...... Vehicle Condition Ratings Excellent (Selected) ~"~~ $6,955 oL ooks new, is in excellent mechanical condition and needs no reconditioning. •Ne ver had any paint or body work and is free of rust. •CI can title history and will pass a smog and safety inspection. •En gine compartment is clean, with no fluid leaks and is free of any wear or visible defects. •Com plete and verifiable service records. Less than 5% of all used vehicles fall into this category. r ~o-k~ -J ~::~_ I I -~~ -~,: ~ - ii F,_ I 2469 _'; ~llbu FPA aS il~G COmbQtxad I 2469'BYick ire >~~+~. is iMF-ta carabined Close Window Good s $6,430 •F ree of any major defects. •CI can title history, the paints, body, and interior have only minor (if any) blemishes, and there are no major mechanical problems. •L ittle or no rust on this vehicle. ~Ti res match and have substantial tread wear left. •A " good" vehicle will need some reconditioning to be sold at retail. Most consumer owned vehicles fall into this category. Fair .. $5,805 •Som a mechanical or cosmetic defects and needs servicing but is stilt in reasonable running condition. •CI can title history, the paint, body and/or interior need work performed by a professional. ~Ti res may need to be replaced. MTh ere may be some repairable rust damage. Poor A'. N/A •Seve re mechanical and/or cosmetic defects and is in poor running condition. •Ma y have problems that cannot be readily fixed such as a damaged frame or crusted-through body. •B randed title (salvage, flood, etc.) or unsubstantiated mileage. Kelley Blue Book does not attempt to report a value on a "poor" vehicle because the value of these vehicles varies great{y. A vehicle in poor condition may require an independent appraisal to determine its value. * Pennsylvania 7!31/2009 '~ ~4~ Department of the Treasury - internal Revenue Service 20~$ Form U.S. Individual Income Tax Return ss IRS UseOnl -D°notwriteorsta bintniss ace. For the ear Jan 1 -Dec 31, 2008, a other tax ar inni , 2008, endi , 20 OMB No. 1545-OW4 Label Your first name MI Last name Your social severity number (Seeinstructlons.) Charles W McCobb 264-43-2707 Use the ff a joint return, spouse's first name MI Last name Spouss's social security number IRS label. 270-70-5842 Otherwise, Home address (number and street) M you have a P O box see In tr cti please print . . . , s u ons. Apartment no. You must enter your or type. 10102 Kensal Wa social security 101 ~ b b Ctty, town or post office. ff you haw a foreign address, see Instructions. num er(s}a ove. State ZIP code Eactiontlai S ots lvania VA 22554 ha~itgbeyotutax~lo~ww~illrat Campaign Check here rf you, or your spouse if filingjointly, want $3 to go to this fund? (see instructions) . .... .. .. - ~ You ~ Spouse Filing Status 1 Single 4 Head of household (with qualifying person). (See 2 Married filingjointly (even if only one had income) instructions.) If the qualifying person is a child but not your dependent, enter this child's Check only 3 Marled filir-g separately. Emer spouse's SSN above & full name here - one box. name here. - Tina Tegetmeyer __ 5 n Qualifying widow(er) wdh dependent child face instructions) Exemptions 8a Yourself. If someone can claim you as a dependent, do not check box 6a. . . ... . . BO0`•s checked on Ba snd 8b 1 b S OUSe No. of ehildnn (2) Dependent's (3) Dependent's (4) if °" ee wh°= c Dependents: • lived serial security relationship quaNryin h~ld with you cniid fo . . r c number to you 1 First name Last name t•'t °r•da @ did not see inatrs) Ilw with you due to divorce oresppaaraNon (see instrs) . If more than ~•p•"'t•"t• on tie not four dependents, arrtend above . see InstrUCtlOriS. Add numbers d Total number of exam dons claimed . °" °nis 1 ................................ ... show - 7 Wages, salaries, tips, etc. Attach Form(s) W-2 . ..... ... .. .... InCOme 7 99, 564 . 8 a Taxable interest. Attach Schedule B if required 8 a 53 8 . bTax-exempt interest. Do not include on line 8a .... 8 b Attadt Form(s) 9 a Ordinary dividends. Attach Schedule Brf required .. .. .. .. ... .... 9a 13 5 . W-2 here. Also b Qualified dividends (see insors) 9 b 104 . W ZG and 01 ~R 10 Taxable refunds, aedits, or offsets of state and local income taxes (see instructions) .. .. .. 10 if tax was withheld. 11 Alimony received . .. .... .. ... ... .... ... ... .. ... ... .. 11 If you did not 12 Business income or (loss). Attach Schedule C or C-EZ .. .. ... ..... .. .. 12 get a W-2, 13 Capital gain or (loss). Att Sch D if regd. If rat read, ck here . .... ... .. ... - ~ 13 6 , 4 3 9 . see Instructions. 14 Oiher gains or (losses). Attach Form 4797. .. .. .. .. .. 14 15a IRA distributions ... .. 15a b Taxable amount (see instrs) .. 15b 18a Pensions and annuities 18a b Taxable amount (see instrs) .. 18b 18 773 . _- ~ _..~._.._._+~ ic_royalties. -partrrerships,. ~-oorporatiorts,-trusts, ... ~..-. Enclose, but do 18 Farm int.orne or (loss). Attach Schedule F 1g not attach, any 19 Unemployment compensation 19 payment. Also, .. . 20a Social sector benefits. please use ty ~ ~ 20a~ ~ b Taxable amount (see instrs) 20b Form 11140-V. 21 Outer income _ _ _ _ _ _ _ _ _ _ _ _ _ _______ ____________ _ 21 _ _ 22 Add the amounts in the far ri ht column for lines 7 throw h 21 This is our total income . - 22 12 5 , 44 9 . 23 Educator expenses (see Instructions) ... ... .. .. Ad 23 justed 24 Certain business expenses of reservists, performing artists, and fee-basis Gross government officials. Attach Farm 2106 or 2106-EZ . . . . . . . . . . . 24 InCOme 25 Health savings account deduction. Attach Form 8889 25 20 Moving expenses. Attach Form 3903 ...... ..... .. 26 27 One-half ofself-empbyment tax. Attach Schedule SE .. .. 2T 28 Self-employed SEP, SIMPLE, and qualified plans ... .. 28 29 Self-employed health insurance deduaion (see instructions) ... 29 30 Penalty on early withdrawal of savings . ... ..... .. 30 13 0 . 31 a Alimony paid b Recipierm's SSN . . - 31 a 32 IRA deduction (see instructions) ... .. ... .... .. 32 33 Student loan interest deduction (see instnrctions} 33 34 Tuition and fees deduction. Attach Form 8917. 34 35 Domestic production activities deduction. Attach Form 8903. 35 30 Add lines 23 - 31a and 32 - 35. 3B 13 0 . 37 Subtract line 36 from line 22. This is our ad usted roes Income .. . - .......... 37 12 5 , 319 . O A A C-- AZ--t.-..-- rf-l..--.. A.a --J 11-~-~....J. 6-J..-at..~ A-a 111-a7-- ....- t~-a-..-a1-~- ~ ....... ... ........... . C...... AAAA /'IAAO\ Form 1040(2008) Charles W McCobb 264-43-2707 Tax a~td 38 Amount from line 37 (adjusted gross income} .. .. .. . . .... . .. . . . . 38 _125 rred~ts 39a Check r 8 You were tom before January 2, 1944, 8 Blind. Total boxes If. 1 Spouse was born before January 2, 1944, Blind. checked - 39a Standard Deduction for - • People who checked any box on tine 39a, 39b, or 39c or who can be claimed as a dependent, see instructions. I • All others: Single or Married filing separately, $5,450 Married filing jointly or Ctuabiying widow(er), $10,900 Head of household, $8,000 b If your spouse itemizes on a separate return, or you were adual-status alien, see instrs and ck here - 39 b c Check if standard deduction includes real estate taxes or disaster loss (see instructions) . - 39 c LO itemized deductions (from Schedule A) or your standard deduction (see left margin) 40 l1 Subtract line 40 from line 38 . 41 l2 If line 38 is over $119,975, or you provided housing to a Midwestern displaced individual, see instructions. Otherwise, multiply $3,500 by the total number of exemptions claimed on lilte 6d . . . . . . . . . 42 l3 Taxable income. Subtract lute 42 from line 41. It line 42 is more than line 41, enter -0- 43 l4 Tax (see instrs). Check if any tax is from: a Form(s) 8814 8 b Form 4872.... .. .. 44 IS Akematlve minimum tax (see instructions). Attach Form 6251 45 l8 Add lines 44 and 45 . .... .. .. .. .. .. , - 48 i7 Foreign tax credit. Attach Form 1116 if required .. 47 2 . ~8 Credit fa child aftd dependent care expenses. Attach Form 2441 48 ~9 Credit for the elderly or the disabled. Attach Schedule R . 49 ~0 Education credits. Attach Form 8863. . . . . . . 50 ~1 Retirement savings contributions credit. Attach Form 8880. 51 2 Child tax credit (see instructions). Attach Form 8901 if required 52 3 Credits from Fam: a ~ 8396 b ~ 8839 c ~ 5695 . . . 53 4 5 Other crs from Form: a Add I' 47 th ~ 3800 b ~ 8801 c ~ 54 .. Ines rough 54. These are your total credits . S5 58 Subtract line 55 from line 46. If line 55 is more than line 46, enter -0- .. , - gg 57 Self-employment tax. Attach Schedule SE .. 57 Other 58 Unreported social security and Medicare tax from Fam: a ~ 4137 b ~ 8919 . . . . . . . . . . . . . 58 Taxes 59 Additional tax on IRAs, other qualified retirement laps, etc. Attach Farm 5329 if required . . Sg 80 Additional taxes: a ~ AEIC payments b ~ Household employment taxes. Attach Schedule H . 60 61 Add lines 56-60. This is your total tax .iJS. . 2 5 .. - B1 Payments t32 Federal income tax withheld from Forms W-2 and 1099. . . . If you have a 83 21108 estimated tax paymems and amoum applied from 2007 return . qualifying 84a Earned income credit (EIC) ..... .... .... . . child, attach b Nontaxable combat pay election . . -~ 84b~ Schedule EIC. ~ 65 Excess social secl~lty and tier 1 RRTA tax withheld (see instructions) 66 Additional child tax credit. Attach Form 8812. .... . 87 Amount paid with request for extension to file (sue irtstrudiorts) . 88 Credits from Form: a ~ 2439 6 ~ 4136 c ~ 8801 d ~ 8885 89 First-time homebuyer credit. Attach Form 5405. . . . . . . . 70 Recovery rebate credit (see worksheet) . 71 Add Iinnc 69 thmi inh 7n TMcu ern .rv,r fnt~l nsw..dN~ $5 896 71 2 19,293. 106.026. 3,383. 22,285. 21. 22,306. 2. 22,304. 22,329. 20,896. Direct deposit? 73a Amount of line 72 you want refunded to ou. if Form 8888 is attached, check here .. - ~ 73a See instructions - b Routing number . .. XXXXXXXXX - c T e: Checking ~ Savings and fill in 73b, - d Account number ... .. XXXXXXXXXXXXXXXXX 73c, and 73d or Form 8888. 74 Amount of line 72 ou wam m 2009 estimated tax - 74 Amount 75 Amount yotl Dire. Subtract line 71 from line 61. For details on how to pay, see instructions . . . . . . . . , - 7g 1, 4 3 3 . YOU OWe 78 Estimated tax enal see instructions 7g Third Party Do you want to allow another person to discuss this return with the IRS {see instructions)? ... . . . Yes. Complete the following. No Designee's Phone Personal identification Desislnee name no number (PIN) - SI n Under penalties of perjury, I dedare that I have examined this retum and accompanying sched~des and statements, and to the best of my knowledge and H ~ belief, they are true, mrred. and compote. Declaration of prepare (other than taxpayer) fa based on all infonnatbn of which preparer has any knowledge. Your signature Date Your occu on Joint return? , Pati Daytime phone number See instructions. Pr ram Mana er Keep a copy Spouse's signature. If a Joint return, both must sgn. Date Spouse's omupation for your records. Paid rreparer s signature Preparer's Firm 's name Se 1 f - US@ Only y taelt~mpbyed),, address, and Z1P code Date Check i- EIN Phone no. Preparers SSN or PTIN Form 1040 (2008) Form 1 V~FN Label (See instructions.) use the IRS label. Otherwise, please print or type. Presidential Election Campaign Filing Status Check only one box. Department of the Treasury -Internal Revenue Service U.S. Individual Income Tax Return For the year Jan 1 • Dec 31, 2009, or other tax year beginning Your first name MI last name Charles W McCok If a joint return, spouse's first name MI Last name (number and street). If you have a P.O, box, see instructions. IRS Use Only - Do not write or staple in this space 20 OMB No. 1545.0074 Your nodal securlly number 264-43-2707 Spouse's sold seeurdy number 270-70-5842 Apartment no. You must enter your 103 Theresa Drive social security . number(s) above. City, town or post office. If you have a foreign address, see instructions. State ZIP code Checking a bax below will not Stafford VA 22554 change your tax or refund. Check here if you, or your spouse if filing jointly, want $3 to go to this fund? (see instructions) ................ - Q You ~ Spouse Exemptions If more than four dependents, see Instructions and check here-~ b ............................... ... ... S use ..... . (2) Dependent's (~ Dependent's (4) if ~ ec "107 c Dependents: social security relationship qual'ilying trued `~"~ ~' `siie "'~' you number to you tax credit • did not First name Last name (~'"~l ttw with ya dw to diva M O (9e1 itfi) .rds °n ~ ~ abo e irte red ndd number A !.. a. ~~ --- --------- d Total number of exem tions claimed ........................................................ at»ve .... . etc. Attach Form(s) W-2 ......................................... tips salaries 7 Wages 7 100 429. , , , Attach Schedule B if required ......................................... Income 8a Taxable interest 8a 396 . . bTax-exempt interest. Do not include on line Sa .............. 8b Attach Schedule B if required ....................................... 9a Ordinary dividends 9a 137 . . Attach Form(s) w-2 here. also b Qualified dividends (see instrs) .................................. ~ 9b 137 . ) ...................... attach Forms 10 Taxable refunds credits or offsets of state and local income taxes (see instructions 10 3 7 8 - , W-2Gend 1099-R ~ ............................................................. .. 11 Alimony received ld ithh if 71 .... . . tax was w e 12 Business income or (loss). Attach Schedule C or C-EZ .................................. 12 If you did not - ck here .......................... Att Sch D if regd. If not regd 13 Capita{ gain or (foss) 13 9 3 . , . get a W-2, 14 Other gains or (losses). Attach Form 4797 ............................................. see instructions 14 . ........... 15a tRA distributions 15a b Taxable amount (see instrs) .. 15b . 16a Pensions and annuities ...... 16a ___ bTaxable amount (see instrs) .. 16b 52 329. ~i r.cnaa~ icon cawa~, ,..~u..... , y..........a...p.., .- ...-.r.,.......-. .-, '-- ~ ---- - -----~ - Attach Schedule F .............................................. 18 Farm income or (loss). t d E l b 18 . o nc ose, u not attach, any 19 pee eci° end (Seemr~s lion m excess of 52,400 p~ ~ions) ............................................................... 19 payment. Also, 20a Social security benefits ........... ~ 20a~ ~ b Taxable amount (see instrs) .. 20b please use 21 Other income Form1M0-V 21 ___________________________ . 22 Add the amounts in the far ri ht column for lines 7 throu h 21. This is our total income . - 22 15 3 7 62 . 23 Educator expenses (see instructions) ....................... 23 Adjusted 24 Certain business expenses of reservists, performing artists, and fee-basis Gross government officials. Attach Form 2106 or 2106-EZ .................... 24 Income 25 Health savings account deduction. Attach Form 8889 ........ 25 26 Moving expenses. Attach Form 3903 ....................... 26 27 One-half of self-employment tax. Attach Schedule SE ........ 27 28 Self•employed SEP, SIMPLE, and qualified plans ............ 28 29 Self-employed health insurance deduction (see instructions) ............. 29 30 Penalty on early withdrawal of savings ..................... 30 31 a Alimony paid b Recipients SSN .... - • • 31 a 32 IRA deduction (see instructions) ........................... 32 33 Student loan interest deduction (see instructions) ............ 33 34 Tuition and fees deduction. Attach Form 8917 ............... 34 35 Domestic production activities deduction. Attach Form 8903 .............. 35 38 Add lines 23 - 31a and 32 - 35 .............. . .................... ..... ...................... 36 37 Subtract line 36 from line 22. This is our ad usted ross inco BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructio me . ns. .................... - FDIA0112 o9n7i 37 o9 153 7 62 . Form 1040 (2009) 1 Single 4 U Head of household (with qualifying person). (See 2 Married filing jointly (even if only one had income) instructions.) If the qualifying person Is a child but not your dependent, enter this child's 3 X Married filing separately. Enter spouse's SSN above & full name here . - name here . - Tina L Tegetmeyer 5 n Qualifying widow(er) with dependerd child (see instructions) 6a Yourself. if someone can claim you as a dependent, do not check box 6a ........ aO7" `h"rr~ .... ~ on 6a and 8b .. 1 ............................. _ no. or cMldrarr Charles W McCobb 264-43-2707 Tax and ~ Amount from line 37 (adjusted gross income) ......................................... . Credits 339aheck _L ^You were born before January 2, 1945, ^ Blind. Total box Standard Deduction for - •People who check anyy box on line 39a, 39b, or 40b or who can be claimed as a dependent, see instructions. • All others: Single or Married filing separately, $5,700 Married filing jointly or Qualifying widow(er), $11,400 Head of household, $8,350 I • Spouse was born before January 2, 1945, Blind. checked 39a b If your spouse itemizes on a separate return, ar ygu were adual-status alien, see instrs and ck here - 39b IOa Itemized deductions (from Schedule A) or your standard deduction (see left margin) .................... . b If you are increasing your standard deduction by certain real estate taxes, new motor vehicle taxes, or a net disaster loss, attach Schedule L and check here (see instructions) ..................... ~ 40 b ^ s<1 Subtract line 40a from line 38 ......................................................... s<2 Exemptions. If line 38 is 2125,100 or less and you did not provide housing to a Midwestern displaced individual, multiply;3,650 by the number on line 6d. Otherwise, see instrucbons ........................ . a3 Taxable income. Subtract line 42 from line 41. If line 42 is more than line 41, enter •0- .. .................................................... . '44 Tax (see instrs). Check if any tax is from: a ^ Form(s) 8814 40a 41 42 b Form 4972 ........................... 44 15 Alternative minimum tax (see instructions). Attach Form 6251 ........................... 45 a6 Add lines 44 and 45 ................................................................ ~ 46 47 Foreign tax credit. Attach Form 1116 if required ............. 47 3 . ~8 Credit for child and dependent care expenses. Attach Form 2441 .......... 46 49 Education credits from Form 8863, line 29 .................. 49 50 Retirement savings contributions credit. Attach Form 8880 ... 50 51 Child tax credit (see instructions) .......................... 51 52 Credits from Form: a ^ 8396 b ^ 8839 c ©5695....... 52 3 41. 53 Other crs from Form: a ^ 3800 b ^ 8801 c ^ 53 54 Add lines 47 through 53. These are your total credits ........ ..... ...................... 54 55 Subtract line 54 from line 46. If line 54 is more than line 46, enter -0- .................. ~ 55 Page 2 53,762. 15.521. 138,241. 3,090. 135,151. 3.~ 6 9 33,469. 344. 3 56 Self-employment tax. Attach Schedule SE ...................................................... 56 Q~ejr 57 Unreported social security and Medicare tax from form: a ^ 4137 b ^ 8919 ....................... 57 TaXeS 58 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required ................... 58 59 Additional taxes: a ^ AEIC payments b ^ Househo{d employment taxes. Attach Schedule H ........... 59 60 Add lines 55-59. This is our total tax ...................................................... - 60 3 3 12 5 . Payments 61 Federal income tax withheld from Forms W-2 and 1099 ...... 61 2 6 5 97 . 62 2009 estimated tax payments and amount applied from 2008 return ........ 62 If you have a ~ Making work pay and government retiree credit Attach Schedule M ........ 63 0 . qualifying 64a Earned income credit (EIC) ................................ fr4a child, attach ~ b Nontaxable combat pay election ..... ~~ 64b( Schedule EIC. ~ Additional child tax credit. Attach Form 8812 ................ 65 66 Refundable education credit from Form 8863, line 16 ........ 66 67 First-time homebuyer credit. Attach Form 5405 ....... . ...... 67 68 Amount paid wiUl request for extension to file (see instructions) .......... (i8 69 Excess social security and her 1 RRTA tax withheld (see instructions ... '69 70 Credits from Form: a ^ 2439 b ^ 4136 c ^ 8801 d ~ 8885 . 70 71 Add Ins 61-ti3, 64a, & 65-70. These are our total mts ......................................... - 71 _ 2 6 597 . Refund -~-Iflme 7i Is more nine ,subtract line 60 rom line 71. This is the amourd you overpaid ..........y.. 72 Direct deposit? 73a Amount of line 72 you want refunded to ou. If Form 8888 is attached, check here .. ~ ^ 73a See instructions - b Routing number ........ XXXXXXXXX - c T e: Checking ^ Savings and fill in 73b, - d Account number ....... XXXXXXXXXXXXXXXXX 73c, and 73d or Form 8888. 74 Amourd of line 72 you want applied to your 2010 estimated tax ........ - 74 Amount 75 Amount you owe. Subtract line 71 from line 60. For details on how to pay, see instructions ............... - 75 6 52 8 . You Owe 76 Estimated tax enal see instructions .................... ~ 76 Third Party Do you want to allow another person to discuss this return with the IRS (see instructions)? .......... Yes. Complete the following. X No Designee's Phone Personal identification ~eSlgnee name - no. - number (PIN) - - UrMer penaMies of perjury, I declare that I have examined this retum and accompanying sdiedules and statements, and to the best of my knowledge and Sign belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Here Your signature Date Your occ Joint return? upation Daytime phone number See instructions. ~ Pro ram Mana er Keep a Copy Spouse's signature. If a joint return, bwh must sign. Date Spouse's occupation for your records. Preparers , i Paid gnature s Preparer's Firm's name Self-P Use Only (°` ~°°`~ rf self•employed)~ address, and ZIP code Date Check 'rf self-employed red EIN Phc FDIA0112 09!17/09 Preparer's SSN or P77N Form 1040 (2009) iv vi iv, vv.~rin~i, Charles Mccobb ,LIV-ILC-CIO ~ ~/ 0 Pay Period E&L Details Ret PayPlan Dcductions Employing Grade SCD for This Year, Pay Period Agency Stcp Salary Lcavc Appointment FEDERAL 2010, 20 EMERGENCY GS 13 O1 $89,033.00 04/25/2010 $308.49 (09/26!2010 to 10/09!2010) MGMT AGENCY Remarks Earnings and Deductions Code Description O1 REGULAR TIME 44 CASH AWARD 61 ANNUAL LEAVE 62 SICK LEAVE 64 COMPENSATORY LEAVE 66 OTHER LEAVE ** **** PAY PERIOD HOURS & GROSS PAY **** 75 RETIREMENT 76 SOCIAL SECURITY (OASDI) Hours Hours Amount Amount P!P YTA P/P YTD 80.00 832.00 3,412.80 35,493.12 89a.00 16.00 682.56 24.00 1,023.84 8.00 341.28 24.00 1,023.84 80.00 3,412.80 39,458.64 27.30 308.49 211.59 2,446.40 78 ST TAX VA EXEMPTS 001 81 FEGLI~ COVERAGE $92,000 97 MEDICARE TAX WITHHELD ** ********** TOTAL DEDUCTIONS *******'"*" ** *************** NET PAY s************* ** DDlEFT ROUTING NO. 122000496 Savings Bonds No Information found. Year to-Date Leave Status Projcctcd Type Accrucd Uscd Balance Use or Lose PT Hrs UnaPP 177.64 2,027.13 13.80 165.60 49.49 572.19 1,130.05 12,913.08 2,282.75 26,545.56 Max Carry-Over iv-oi-iv,vo,~~nvi, ,LiV-LLO'~OID fF 0/ o Type Annual Sick Compensatory Yeaz-to-Date,Leave Status Projected Accrued Used Balance Use or Losc PT Hrs Unapp Max Carry-Over 48 1G 32 0 240 4$ 24 24 Leave Category 0 0 25 4 Agency Contributions to Employee Benefits this Pay Period FiCA/Soeial Security (OASDI) 211.59 Medicare Tax 49.49 Retirement 3 82.23 Non-Federal Retirement 0.00 FEGLI 6.90 Non-Federal Life Insurance* 0,00 FEHB 0.00 Non-Federal Health Benefits"` 0,00 TSP Basic 34.13 TSP Matching 0.00 Non-Federa1401 K* 0.00 Other * If present, may contain multiple benefit plans. • i ay iu~uuy, rage i oi: % ~~ New Window ~ Help ~ Customize Page ! .„~~~ HR -PAYROLL ~~~ ~ Net Pay: $1,265.76 Pay Begin Date: 08/10/2009 Pay End Date: 08/23/2009 Check Date: 08/28/2009 General Pay Group: Salaried Name: Tina Louise McCobb Department: ~~ Employee ID: Location: Address: Job Title: ~~~ Pay Rate: $1,923.07 Annual Bi-weekly Payments Paycheck Summary Gross Earnings Fed Taxable Gross Total Taxes Tota{ Deductions Net Pay Current 1,923.08 1,692.49 401.85 255.47 1,265.76 YTD 34,615.44 32,892.19 8,085.10 2,063.43 24,466.91 Earnings Taxes Description Hours Rate Amount AmounDt Description Amount AmounDt Regular 1,923.08 31,754.87 Fed Withholdng 201.18 4,351.08 Vacation 6.00 24.038462 144.23 1,298.07 Fed MED/EE 27.06 486.98 Sick Pay 4.00 24.038462 96.15 1,562.50 Fed OASDI/EE 115.67 2,082.24 Regular -10.00 24.038462 -240.38 0.00 AZ Withholdng 57.94 1,164.80 Total: 1,923.08 34,615.44 Total: 401.85 8,085.10 Before-Tax Deductions After Tax Deductions Employer Paid Benefits Description Amount nD Amount Description Amount nD Amount Description Amount YTD Amount 27.70 498.49 UNUM_1500 16.15 290.70 EPO_UHC 205.85 3,705.30 EPO_UHC 13.85 249.30 ASRS_LTD 7.69 30.76 DEN_DELTA 7.84 141.12 DEN DELTA 7.38 132.84 BLF_STDARD 1.55 27.90 VIS_AVESIS 2.93 52.74 BLF_STDARD" 1.04 18.72 SLF_Aetnal 6.69 116.28 ASRS_LTD 7.69 30.76 ,~lif 173.C8 692.32 WORK_COW1P 9.04 141.16 RASL 7.69 138.42 ASRS OPT 173.08 692.32 ' Taxable Total: 231.63 1,741.97 Total: 23.84 321.46 Total: 413.78 4,895.70 Net Pay Distribution Payment Type Paycheck Number Account Type Account Number Amount Direct Deposit 1315960 Checking ~`''"""' 1,265.76 Leave Balances DISCLAIMER: Vesting rules apply to Retirement amounts. Description YTD Amount Sick Vacation 0 g ~: Op N;~i.$ ~, ~ ~ o ~~'~ a ~~ n '~ J ~ ~ ~ 'T ~ ~N O r 3a7~ I ~e~. a: ~. ~ 3~ z ~~~ ~~~~ ~~ ~~~ ~~ I ~~~ m O NO V ~ t NJI A W N r ~' ~ ~ d -i ~ 1 ~ c $ C A $ ~ <v D~ D mm n ~ N m r „ d z ~ ~ ; ffi y~ r o g - ~ ~ ~ S m n ~ D z '~ 2 ~ ~ ~ > g „ N m ~_" - o r ~ C - y ~ ~ ,,,~ n ~ ~ 3 m ~ ~ ~ o m m ~ 3F oc N 3 o i ~• ~ ~ ~ z .. ° m c~a X ~ m °t _ ~ D n 3 o, ~^ w _ N 0 ~ m a 9 > ~ y o ~' m N o a $ !~ • ~' ~ m '~ m Ao m Q d C~r o $ = D i m m OM pp M M V « N iNJ « ~ C W O J fJ poi O M Oo ~ ~ ~ N ~ ~I.J7 W W N p O V ~ V ( (~~ O J ~ ~ 3 ~ ~ ~ ~ 0 o g 7 M pNp OD + ~ ' V N N W W N mn ( p O J W o p ~ O NA OD p p • Np ~ + •N• U OD t,Nt 4 f p N S N ~ r N ~ ~ ~ qq O ~ M ~ r ~ O ~ ~ V ~ ~ ~ ~ ~ U l C SS N SZ `p~ ~^3. '3 ~~~~ ~~ V~ j ~ ~ ~~ m v ~ ~ M ~ ( A p N + <S T £ .g a ~ W M A b 1 i0 3 ~ ~ ~ X ' 5 ~ 25 m ~ ~ N Ce ~ ~ ~ A O D O p 7 3 3 ' ~ w ' 0 ~ ~ u ~~ sx M @ 2S M ~ M ~ M w O ~ W7 ~~~ppp p lO ~ ~; ~ ~ ~ ~ < ~ ~ 'O Ol Y L j ~ ~~J~~ ~ GO N . 3 ~ } R Q 25 R ~ ma R m $ m R m m a C ~ ~ ~ N m ~ ~• 3 3 ~ A 3 ' ~ ~ m 3 3 ~ ~ ~ sa 3 ® ~ g 3 g ~ _ Q v '" 0 wow v ; °, qo~; A o S' ~ a 3 ~o ~ a; ~~gn J Q 0 N 8 ~ O .~.. n 3 m 7 2 s 3 -~ q ~° ~ n ~ ~g W z ~ ~ ~z m z ~ n ~~ +i r N T ~= '0 a a ~ ~a !n ~ ~ O ~ ~ ~. vo 3 r ~ir A m ~~ ~ O ~O 3 ~ ~ o `~ 3 ~ n ...,,°~' aa, Q '~ ° 3 y ~~ ~ ~ ~~ w i~ a 0 m m 3 Si ~~~~ o O d A ~ ~ ~ ~ ~ ~ m - c ~ . $ n 1 ~ ~ A m ~ m s ~ °' C ~ N ~ u G o < ~~ W ~ a r ~ ~ S ° 8 A g RZ A 4 a o r y 1 ~ n ~~~ ~ 3 ~ g ~ n 8 o Z ~_ g 3 rn c ~ z ~ o C o s m B a ~ n ~ rn--, q + .i ~~~ °' W ~ S ? 9 : D ~ . i 3~~ Q ~ D c ~ S z ~ + 4 '` q t 2 N~ ~~ ~, m c o ~ X 0 335, i ~ ~ 3 3 0 ~ 3 X • n g ~ ~ w ~s ~~' ~ _ ; :~q a3 3 • r iiZ$ S~ N Q ~N O1 N N (11 4V/ V a O G O C A iN J~ p O N ~ p N V p O p O , W O O fy NNN DD pN Ol N N N lT iN71 MM m a V A N W ~ ~ p S S W V q S m ~ ~ ~ w m' ~ ~ _ - - ~_ q H 3 3 ~' 0 m o ~ m ~ ' A q 3 m c'o ~ ~ ~ ~ ~ S _ 0 ~ O ~ Q ~ 0 ; ~ {7 ~ 4 ~ O ~';~c $ r C < 3 ~o ~ a ~~~o ..~aa ~~~ 0 Q0 gay 0 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, Charles W. McCobb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES W. MCCOBB, ) Plaintiff ) v. ) TINA MCCOBB ) Defendant ) NO. 2008-4390 CIVIL ACTION -LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF CHARLES W. MCCOBB INCOME Employer: Federal Emergency Management Agency Address: 500 C Street. Washin gton. DC Type of Work: Program Analyst Payroll Number: Pay Period (weekly, biweekly, etc.): Biweekly Gross Pay per Pay Period: $ 3.412.80 Itemized Payroll Deductions $ Federal Withholding $ 650.23 FICA $ 211.59 _~ Local Wage Tax $ State Income Tax ~ $ 177.64 ~' ~ ~~~ ~~~~__u ~~.___ Mandatory Retirement $ 27.80 Union Dues $ Health Insurance $ Other (specify) $ Medicare $ 49.49 FEGLI $ 13.80 Net Pay per Pay Period: $ 2.282.75 Net Pay per Month: $ Other Income: Week Month Year (Fill in Appropriate Column) Interest $ $ $ Dividends $ $ $ Pension Distributions $ $3,772.94 $ Annuity $ $ $ Social Security $ $ $ Rents $ $ $ Royalties $ $ $ $ $ $ $ $ $ Unemployment Comp. $ $ $ Workers Comp. $ $ $ Employer fringe benefits $ $ $ Other $ $ $ Total $ $ $ TOTAL INCOME $ $ $ $ EXPENSES Weekly Monthly Yearly (Fill in Appropriate Column) Home Mortgage/Rent $ $_1,027.00 $ Maintenance $ $ 250.00 $ Utilities $ $ $ Electric $ $ 125.00 $ __._________~___ _ Gas _~. $ _._ $ $ _ ~ Oil $ $ _ ~ _ $ Internet/telephone/cell $ $ 175.00 $ Water $ $ 50.00 $ Refuse $ $ 25.00 $ Furniture $ $ 75.00 $ Employment $ $ 50.00 $ Public transportation $ $ 300.00 $ Lunch $ $ 250.00 $ Taxes $ $ $ Real Estate $ $ 200.00 $ Personal property $ $ 25.00 $ Income $ $ $ Weekly Monthly Yearly (Fill in Appropriate Column) Insurance $ $ $ Homeowners $ $ 100.00 $ Automobile $ $ 50.00 $ Life $ $ $ Accident -Death $ $ $ Health $ $ 125.00 $ Automobile $ $ $ Payments $ $ $ Fuel $ $ 325.00 $ Maintenance/Repairs $ $ 350.00 $ Medical $ $ $ Doctor $ $ 75.00 $ Dentist $ $ $ Orthodontist $ $ $ Hospital $ $ $ Medicine $ $ 50.00 $ Special Needs (braces, $ $ $ glasses) Education $ $ $ Private school $ $ $ Parochial school $ $ $ College $ $ 200.00 $ Religious $ $ 100.00 $ Personal $ $ $ Clothing $ $ 250.00 $ Food and household $ $ 600.00 $ supplies ____ --.__.._.___~~.~' _._5.00_'""_,_.__.$._"_._ ._.v~_.___ .~^.~ Credit payments $ $ $ Credit card $ $ $ Charge account $ $ $ Memberships $ $ $ Weekly Monthly Yearly (Fill in Appropriate Column) Loans Credit Union $ $ $ $ $ $ $ $ $ $ $ $ Miscellaneous Household help $ $ $ Child care $ $ $ Papers/books/magazines $ $ 25.00 $ Entertainment $ $ 200.00 $ Pay TV $ $ 150.00 $ Vacation $ $ 100.00 $ Gifts $ $ 50.00 $ Legal fees $ $1,000.00 $ Charitable contributions $ $ 100.00 $ Other child support $ $ $ Alimony payments $ $1.395.00 $ Other $ $ 650.00 $ Total Expenses $ $8,497.00 $ VERIFICATION I, Charles W. McCobb, hereby swear and affirm that the facts contained in the foregoing Inarte and Se Stat~t of ~arlas W. NbO~ 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 sworn falsification to authorities. DATE CHARLES W. MCCOBB ~ M Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 1: 0 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles W. McCobb F~~~f~-QE-~~~~~' ~- ~s~~~p,,~\IS l7~ ~f ^ ~ ti- 6 .. ~ ..f 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CI~ARLES W. MCCOBB, ) Plaintiff ) v. ) TIl~TA MCCOBB ) Defendant ) NO. 2008-4390 CIVIL ACTION -LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF CHARLES W. MCCOBB INCOME Employer: Federal Emergency Management A eg_ncy Address: 500 C Street, Washington, DC Type of Work: Program Analy st Payroll Number: Pay Period (weekly, biweekly, etc.): Biweekly Gross Pay per Pay Period: $ 3,412.80 Itemized Payroll Deductions $ Federal Withholding $ 650.23 FICA $ 211.59 Local Wage Tax $ State Income Tax $ 177.64 Mandatory Retirement $ 27.80 Union Dues $ Health Insurance $ Other (specify) $ Medicare $ 49.49 FEGLI $ 13.80 Net Pay per Pay Period: $ 2,282.75 Net Pay per Month: $ 4,945.96 ~ ~' ~ i Other Income: Interest Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer fringe benefits Other Total TOTAL INCOME EXPENSES Home Mortgage/Rent Maintenance Utilities Electric Gas Oil Internet/telephone/cell Water Refuse Furniture Employment Public transportation Lunch Taxes Real Estate Personal property Income Week Month Year (Fill in Appropriate Column) $ $ $ $ $ $ $ $3.772.94 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Weekly Monthly Yearly (Fill in Appropriate Column) $ $1 .027.00 $ $ $ 250.00 $ $ $ $ $ $ 125.00 $ $ $ $ $ $ $ $ $ 175.00 $ $ $ 50.00 $ $ $ 25.00 $ $ $ 75.00 $ $ $ 50.00 $ $ $ 300.00 $ $ $ 250.00 $ $ $ $ $ $ 200.00 $ $ $ 25.00 $ $ $ $ Weekly Monthly Yearly (Fill in Appropriate Column) Insurance $ $ $ Homeowners $ $ 100.00 $ Automobile $ $ 50.00 $ Life $ $ $ Accident -Death $ $ $ Health $ $ 125.00 $ Automobile $ $ $ Payments $ $ $ Fuel $ $ 325.00 $ Maintenance/Repairs $ $ 350.00 $ Medical $ $ $ Doctor $ $ 75.00 $ Dentist $ $ $ Orthodontist $ $ $ Hospital $ $ $ Medicine $ $ 50.00 $ Special Needs (braces, $ $ $ glasses) Education $ $ $ Private school $ $ $ Parochial school $ $ $ College $ $ 200.00 $ Religious $ $ 100.00 $ Personal $ $ $ Clothing $ $ 250.00 $ Food and household $ $ 600.00 $ supplies Barberlhairdresser $ $ 50.00 $ Credit payments $ $ $ Credit card $ $ $ Charge account $ $ $. Memberships $ $ $ Weekly Monthly Yearly (Fill in Appropriate Column) Loans Credit Union $ $ $ $ $ $ $ $ $ $ $ $ Miscellaneous Household help $ $ $ Child care $ $ $ Papers books/magazines $ $ 25.00 $ Entertainment $ $ 200.00 $ Pay TV $ $ 150.00 $ Vacation $ $ 100.00 $ Gifts $ $ 50.00 $ Legal fees $ $1.000.00 $ Charitable contributions $ $ 100.00 $ Other child support $ $ $ Alimony payments $ $1.395.00 $ Other $ $ 650.00 $ Total Expenses $ $8.497.00 $ VERIFICATION I, Charles W. McCobb, hereby swear and affirm that the facts contained in the foregoing Ino~ne ar~ci E Stata~t of Charles W. MctJ:~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. li/oi/lo DATE §4904 relating to sworn falsificatio~n/~to authorities. Q c~~" CHARLES W. MCCOBB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES W. MCCOBB, Plaintiff ) NO. 2008-4390 v. ) TINA MCCOBB ) CIVIL ACTION -LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Charles W. McCobb, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Income and Expense Statement of Charles W. McCobb was served upon Brian E. Sipe, Esquire, counsel for Defendant, Tina McCobb, by depositing same in the United States mail, first class, on November 2, 2010, addressed as follows: Brian E. Sipe, Esquire 67 Bucks Road #B-5 Huntington Valley, PA 19006 Date: 'Lesle J eam, Esquire HO , KISSINGER & HOLST, P.C. 130 alnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles W. McCobb Brian E. Sipe, Esquire Attorney ID 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215.525.1511 215.525.1514 (fax) r ~ ,~ ~~I~ ~'f~g~ -3 ~EFi 11 W l~ ~.~. L ,? P . ~'; Attorney for the Defendant Charles McCobb IN THE COURT OF COMMON PLEAS OF CUMBERLAND Plaintiff COUNTY, PENNSYLVANIA vs. Docket No. 08-4390 Tina McCobb Defendant PRE-TRIAL STATEMENT OF DEFENDANT EXHIBITS 1. Real Estate Appraisal: 2000 2. Real Estate Appraisal: 2007 3. Real Estate Appraisal: 2009 4. Pension Appraisal: Marine 5. Pension Statement: OPERS, 2000 & 2007; 2004 6. Unemployment Statement MARITAL PROPERTY Stocks, Bonds and Bank Accounts Description of Property 1. T Rowe Price Accounts 1.1 Capital Appreciation 1.2 Blue Chip Account 1.3 New Asia Account 1.4 Health Science Account 2. USAA Accounts Marital Values 4,331.69 5,591.11 10,633.23 17,784.27 2.1 Money Market 3,521.35 3. MFCU 3.1 Money Market 3.2 60 month IRA 3.3 60 month IRA 3.4 24 month IRA 3.5 24 Month IRA 744 3,400 3,300 4,000 16,400 4. Alcatel-Lucent Stock $400.00 5. Wedding Ring (partly non-marital) $400.00 6. Tax Stimulus Money $5,589.00 7. 2000 Grand Prix (Wife) about $1000.00 8. 2003 Chevy Trailblazer (Husband) about $6000.00 Total: $ 83,094.65 Marital Residence Appraisals: July 2, 2000 (one week prior to wedding) $175,000 Purchase completed one week prior to wedding; Purchase used a 100% mortgage. Mortgage at time of separation $145,500 September 24, 2007 (time of separation) $365,000 November 11, 2009 (current) $312,822 Rental Income from Former Marital Residence as reported in 2007 was $36,816.00. Costs and maintenance was $9,544.00, not including the mortgage. Based upon this number, rental income of the marital property from the date of separation to the current date is $24,544.00, not including the mortgage payments. Based solely upon the monthly rent of $1,600 per month or $57,600 for the three years of separation minus the yearly costs of $28,632.00 for a final number of $28,968.00. The mortgage for $175,000 was paid down to $145,500 with marital funds at the time of separation. In order to reflect the monies earned from the rental of the property and the pay down of the mortgage with marital funds, Defendant argues that for valuation purposes, the value at the time of separation (September 24, 2007) should be used with a purchase price that reflects the pay down of the mortgage ($145,000). This gives a equity value of $220,000. MARITAL PROPERTY TRANSFERRED Description Date of Transfer 1 $15,000 legal bill for second opinion in defending court Post-separation martial due to adultery 2 Wife: $10,000 MFCU Joint Checking Account for moving Date of Separation expenses 3 Husband: $15,700 from various accounts for moving Date of Separation expenses Defendant argues that Plaintiff's military costs (no. 1) should be added back for two reasons: (1) the military- legal expenses were incurred for adultery, a cost that Defendant should not have to bear in any form; and (2) the military assigns a Judge Advocate General to defend court martial cases, so that these expenses are questionable. Defendant also argues that the moving expenses are unreasonably high given the fact that the military pays for a final move for service members who are retiring. RETIREMENT BENEFITS Two pensions exist, a Marine Corps pension and an Ohio State government pension. Military Pension To reach the value of the Marine Corps pension, Plaintiff offers a study by Conrad Siegal which shows the following numbers: Gross retired pay Less: VA Waiver Divisible Retired Pay Multiplied by 50% Multiplied by Coverture Fraction Preliminary Award Less: SBP Cost Award to Alternate Payee $4,724.00 $ 644.00 $4,080.00 .2826 $ 576.50 $ 307.06 $ 269.44/month Further, Conrad Siegal states that the monies should be paid as alimony. Defendant accepts the basic numbers but rejects the plan in part, arguing that it is inequitable for the following reason. Plaintiff earned part of his pension during the marriage but, due to his disability, receives monies in the form of disability payments which are taken out of the pension. However, Plaintiff is receiving the same amount of money in his retirement that he would have in any case and he is not disabled so as not to be able to work. He earns $50.00 per hour in his current position. Since the government will not send the payments directly to Defendant due to the timing of the divorce and the retirement, the pension must be divided based upon payments that Plaintiff is receiving. Therefore, no reason exists to force wife to bear the costs of the disability. The amount of the VA waiver does not have to be taken out of the gross retired pay and the full amount of the marital earned retirement benefit can be used to calculate Wife's share. Plaintiff also suggests that Defendant pay the full cost of the survivor benefit plan. This plan is a type of life insurance to guarantee that Wife receives the full value of her share of the pension if Plaintiff dies. Plaintiff also by law receives a tax deduction for this benefit. Because of these benefits to Plaintiff, the gross retired pay used to calculate Wife's share of the pension should be the gross retired pay of $4724.00. The survivor benefit plan should not be subtracted from her share. $4724 should be multiplied by the coverture fraction of .2826 and then multiplied by the percentage of the estate awarded to Wife. Gross retired pay $4,724.00 Multiplied by coverture Fraction .2826 Award if SBP is split Award at 60% $ 801.00 $ 647.47 Award at 55% $ 734.25 $ 580.72 A final, related issue involves the pension payments that have been received by Plaintiff for the past two years. Some part of these, based upon the arguments presented above, belong to Defendant. OPERS Defendant's (Wife's) pension was earned prior to the marriage. All work for the State of Ohio was completed before she moved to Virginia with Plaintiff. Based upon the computer records print-out provided by OPERS, Wife's Traditional Pension Plan held a value as of July 1, 2000 as follows: Member Contribution $30,893.64 Interest Employer Match Total: $30,893.64 As of August 1, 2007: Member Contribution $30,893.64 Interest $16,062.35 Employer Match $31,460.51 Total: $78,416.50 The interest is the only amount that was earned during the marriage. The employer match was Ohio's matching payments that matched Wife's contributions to the plan. Therefore, the increase in value of Wife's pension is $16,062.35. NON-MARITAL PROPERTY Description of Property Value 1. Union Bank of California (Husband) 2. MFCU Checking (Husband) 5100.00 1060.00 MARITAL LIABILITIES Item No. Description of Liabilities Creditors Debtors 1 $1500 Visa bill Visa H 2 $2000 MasterCard bill Mastercard H INCOME Currently Unemployed: $960.00 per month Husband's monthly earnings: $9198.00 per month EXPENSES Rent $1295 per month Water/Sewer/Trash $75 (avg.) Cable/Phone/Internet $150 (bundle package) Electric $150 (avg.) Cell Phone $40 (pre-paid cell-reload at avg. of $40 per month) Paper $18 per month Renters Insurance $300 per year or $25 per month Car Insurance $1005 per year or $84 per month Car Maintenance/Repair $160 per month (see additional attachment regarding car repairs) Gas per month $200 (avg.) Prescription co-pays $80 (per month avg.) Medical co-pays $60 per month Groceries $400 per month avg. (does not include lunches/dinners out) Clothing $100 per month avg. Personal Care $150 per month (hairdresser, sundries, etc.) Cleaning Supplies $30 per month avg. Lunches/Dinners out $60 per month avg. Veterinary bills $263.50 avg. per mo. Food for pets $70.41 avg. per month (see add. attachment regarding food for pets) Total per month $3410.91 1. Length of Marriage: 7.2 years 2. Employment situation of the parties: 3502 CRITERIA a) Plaintiff (Husband) is retired with a pension from the Marines and holds a part time contractor position at $50.00 per hour. b) Defendant (Wife) is currently unemployed but has marketable skills that have earned her salaries in the range of $50,000. 3. Wife contributed to the earning potential of Husband (Plaintiff) by following Husband from several military posts to which Husband was ordered by the Marine Corps. Defendant's salary history in her job in Virginia is as follows: 2001: total of gross pay of $47,870. 2002: total gross pay of $49,770. 2003: total gross pay of $52,010. 2004: total gross pay of $54,872. During the first six months of 2005: $31, 949. 2008 - 2010: $50,000 per year. This history shows the monies and career potential that she sacrificed for the marriage. PROPOSED RESOLUTION Given the setback to her career and her current employment difficulties, Defendant (Wife) should be awarded sixty percent (60%) of the marital estate, based upon the statements given above of the pensions, marital residences, and other assets. Non-Pension Assets Total value of marital portion of accounts: $ 83,094.65 Total value of equity in house: $219,500.00 Multiplied by .6 (60%) $181,556.79 Total value of increase in Wife's pension: - $ 16,062.35 Total value of Wife's car: - $ 1,000.00 Total: $164,494.44 Wife's share of the pension, based upon the consideration given above, should be added onto this amount. Given Wife's current financial situation, more of this amount should be ordered from the more liquid accounts listed first in this statement. Respectfully submitted, I L - rian E. Sipe, Es ire Attorney for the Defendant VERIFICATION I, Tina McCobb, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ._:. Dated:~~7 ~'~ ~~`~~ Tina McCobb Brian E. Sipe Member NY, NJ and PA Bars 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215-805-0444 Y~?j~(. ~: :. ~~ti'. ~ f'~i~. il' ~ ; 4K -, ~~ ~K . e t"'. _, Fle No. STAF200909' Paoe #1 ~~ APPRAISAL OF REAL PROPERTY LOCATED AT: 103 Theresa Drive ;;~,, ` '~~! Stafford, VA 22554 `: Lot 46, Arbor Glen ' ,. FOR: Kope & Assoaates `~ ~* 395 St. Johns Church Road, Suite 10.1. ;~` `' Camp.Hill, PA•i70.t1' AS OF: September 24, 2007 BY: Daniel A. F'tp7lips, CMEA ' PhdNps Appraisals, LLC 2 Musket Court Frederidoi~ ~lA 22406:. . p' ~ y~ R ~~~ ra r ~ 4~~~isK ~ ^.i.:~':t ~ .San ,>S r, ..-kk~~1'`'f ,~~•nt~.u Form 1~A2 C:T-'TOTAL for windows"appraisal software by a la mode, inc. -1-800-ALAMODE Client Ko e & Assoaates Fle No. STAF200909 Pro Address 103 Theresa Dr'rve Ci Stafford Coun Stafford State VA Zi Code 22554 Owner Charles W McCobb TABLE OF CONTENTS Cover Page ....................................................................................................................................................................................................................... 1 Letter of Transmittal ......................................................................................................................................................................................................... 2 Summary of Salient Features ........»...»_._......__»,~._..~ ............................................................................................................................................ 3 Invoice ...................................................................:.._._...»_............................................................................................................................................ 4 GP Consumer Short Form ................................................................................................................................................................................................. 5 General Text Addendum ..................................................................................................................................................................................................».. i0. Subject Photos ................................................................................................................................................................................................................. 13 Comparable Photos 1-3 ...................................................................................................................................................................»»».........»_.__»..__.. 14 Location Map ...........................................»......»»»»»......»......................................................»......................................».._._....»..»........._.»»._».._ .15G. ~ .. &alding SI~h (Par, - t) _..._._. ._»».._.__._... 1fi:' Addertdum ...............................ti................................................................................................................................................»__.»...».._._.....»._..» 17. '.. Addendum ............................................................................................................................................................................................................._......... 18 Engagement Letter .............................................................................................................................................................................................».._......... _ 19. ". GP Consumer Short Form Certifications Addandum ......................................................................................................................................................... 20 Form TOCNP LT -'TOTAL for windows" appraisal software by a la mode, inc. -1-800-ALAMODE File N . STAF200 09 Pa a #2 Daniel PhiAips, CMEA Phillips Appraisals, LLC 2 Musket Court Fredericksburg, VA 22405 September 16, 2009 Kope & Associates 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 ,:. fie: Property-. 'C03 Zt~eresa Dcire Stafford, VA 22554 ' Owner: Charles W Mct:obb In accordance with your request, we have appraised the above referenced properly. The report of that appraisal is attached. The purpose of this appraisal is to estimate the market value of the property described in this appraisal report, as improved, in unencumbered fee simple title of ownership. This report is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the . . certification anti limiting conditions attached. It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional service to you. Sincerely, a..-.~,~ 'z' ~ :-~°~° Daniel A. Phillips File No. STAF200909 Paae #3 SUMMARY OF SALIENT FEATURES Subject Address 103 Theresa Drive Legal Description Lot 46, Arbor Glen City Stafford Counfy Stafford State VA Zp Code 22554 Census Tract 102.04 ,; Map.Refemnce MRIS pf240,17 Sale Price $ N/A Date of Sale N/A Client Kope & Associates Owner Charles W McCobb Size (Square Feet) 1,815 Price per Square (root $ Location Arbor Glen Age 16 yrs Condition Average Total Rooms 7 Bedrooms 3 Baths 2.5 Appraiser Darrel A Phillips ,., Date`ni` 1~lie' ; ~ ~ , . Sep~eai6ar'?+4,~ 20f]'7 ~ . ; . .. j Opinion of Value $ 365,000 Form SSD2_LT -"TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE Phillips Appraisals, LLC. Ri No. A 9 P e #5 ~~ Appraisal Report ~~~ ~ 103 Theresa Drive Stafford, VA 22554 Phillips Appraisals LLC (540) 373-1131 AppraisedYalueasof:, Sept`74;'20Q7~ i $. 3.65,000. Style/Design: Frame 2 Story Lot Size: 8,580 Sq.Ft. Living Area (Sq.Ft.): 1,815 Neighborhood: Arbor Glen Total Bedroouu: 3 Total Baths: 2.5 Year Built: 1991 Effective Age: 10 yrs Condition: Average Date of Report: September 24, 2007 "" Client: Kope 8 Associates Address: 395 St. Johns Church Road Suite 101 City: Camp Hill State: PA Zip: 17011 Phone: 717-761-7573 Fax: 717 761-7572 , E-rrrail: Name: Daniel' A Phillips Designation: Certified'Resid~rrtlaF Certification or License:#::.400'1.000392 ~ :: ~~ ,~'"~'~~~ ~ y Expiration Date: 11/30/'1009 ST: YA• ~ Appraiser's Signature E~ail:!~; dpbil1illipsappralSalsva.coErr ~, Client Fite#:'_ AppiaiserF~e:#' _ STAF20Q909`~~ The value. expressed above is only valid in conjunction with tits attached report This vaNM:apirrion may be sub ect to Flypotlretical Condftions andlor Extraordinary Assumptions as in icated in the body of the repot. A true and complete copy of this Summary Appraisal Report contains 21 Pages. ~VI r~ V dYIERJF ~® 20UTtry a W mode, k~c. This fomti may be reproduced uraradffied wittiout wrhten permissiai, however, a la mode, hoc. mustbe acknowledged and Form GPCSF LT -'TOTAL for Windows° appraisal software by a ha mode, inc. -1-800-ALAMODE Flf Na. A 909 "Pa 6 RESIDENTIAL APPRAISAL SUMMARY REPORT SUBJECT PROPERTY IDENTIFICATION Property Address: _103 Theresa Driv_e.._.__.._-.----- ...................._.__............._.._._......._...........................__.......... CBY~ Stafford ..---._....._._._..._. _._._._.__. _... _._. _. _._._.-_. _. _._. ~_ .... State: VA rp Code: ,22554 ._._..--.-_-.-_-_-._ County: Stagford._ ...._._..._.__.__...---.......__...___......_..._.-_-.--___ ....................__ _._.._. _. _._..__. _ . -_._ _egal Description of Real Property: Lot 46 A,~rb_or Glen_ Tax Assessor's Parcel #: 19J-46 Special Assessments: $ 0.00 _- Occupancy: ^ Owner ®Tenant ^ Vacant Curi Project Type {if applicable): ®Planned Unit Development Home Owners' Association Membership Fees rrf applicable): !_ R.E. Taxes: $ 2649.00 Tax Year: 2009 Current Owner of Record: Charles W McCobb ~eM Occupant ('rf occupied): Unknown..._..._..,__,__.__..____._.-_. _, . ^ Condominium ^ Cooperative ^ _~_~_____________ $ 200.00 ®per year ^ per month Market Area Name; Arbor Glen.._,_.._._._...T._.~_,,.__._-___,._.._.._-.. Map Reference: MRIS p1240-J7____. Census Tract: -102.04 ____^__~ ASSIGNMENT The:purpass.os`iMs appratsaC is 19o deretoR.a.Currer#opidar of AAarketV~.(as.detirn;d;r.Merrher~ia.tlris` report}: Property Rights Appraised: ®Fee Simple ^ Leasehold ^ Leased Fee ^ Other (describe) Intended Use: Pro~ertYyaluation for divorce~roceedings___._____,~ Intended User(s) (by name or type): McCobb v;McCobb; Kope & Associates_Attome~+s~, none other identified byname or type. Client: Ko~e_~ Assoaates..._ __. __ ._.__. - _ . Appraiser: Daniel A Phillips ____ . Location: ^ Urban ® Suburban Growth Rate: ^ Rapid ®Stable Demand/Supply: ^ Shortage ®In Balance Address: Address: MARKET AR ^ Rural ^ Slow ^ Over Supply 395_St._Johns_Church Road,_Suite 101, Camp__Hill,_ PA 1701.1 __. 2 Musket_Court, Fredericksburg. VA 22405 ____,_~__~+_._ EA DESCRIPTION BuiR Up: ®Over 75% ^ 25-75% ^ Under 25% Property Values: ^ Increasing ^ Stable ®Declining Marketing Time: ^ Under 3 Mos. ®3-6 Mos. ^ Over 6 Mos. ,rpical One-Unit Price: ($) Low 150,000 .__,__.__._ _ High 800,000. ________. Predominant 375 000 - Housing Ranges: Age: (Yrs.) Low New/0"_,__ _._ " High. 40± _;.__,_.. Predominant 11-12 _____, Present Land Use: One-Unit: ____80 % 2-4 Unit: ___,___ % Multi-Unit __ ..1 % Comm'I: __ 3 % Other: Vacant 16 % Change in Land Use: ®Not Likey ^ Likely * ^ Is Changing * * To: __ Market Area Comments: The market area is active albeit somewhat slow with new home consbvction and cos ' home sales. Interest rates are 6%~-7%: for fixed rate,financing. and bwer for adjustable loans. Marke ' times_are avers e.:.. 3-6 months for oom ' ' real~esLate:" Sellers usuallypay 0-3 points. t;,ovemmental and conventional financing reader available. REO taka foreclosure) arxi 'short" sales. inventories are increasing. Market area value declines are around 7.5%from 2006______,_ __~_"_~_. _!^~_.__.... SALE /TRANSFER/ LISTING HISTORY OF' SUI6JECT PROPERTY' ~•. My research: ^ Did ®Did not reveal any prior sales or transfers of the subject property for the three years, prior to the Effective Date of this appraisal. Data Source(s): Stafford County deed records and/or_real estate assessmerd office records.s~:. _ 1st Prior Sale /Transfer 2nd Prior Sale / Transfer.; ~ 3nd.Prfor~Safe/Transfer Date of Prior Sale /Transfer: 36 months> ___ Price of Prior Sale /Transfer: No recorded transfers _,~,__ _ S~aKae(sy'af'PdoiSale~ifT~sfee'ilata ~ taeed•Ftsooed~:.. Anafyals of~SaNr/tttlislorypany~cnrrent'~en~ts`of s~or erg; ars~~ffsEfi9 hissMry~ Rf'tefer~:;. None noted for the 9/24/200Ttirne~period. Client: Kope & Assoaates ~ Client File No.: Appraiser Rle~No.:.: STAF20©909r• ,~~ ~•I~~ff ttpp fl~ t~~ Copyrigtd© 2007 by a la mode, Inc. This form may be reproduced unmodilkd wOhout written pennisslon, however, a la mode, Inc. must be aclmowladged and ped'ked ~~tii,.Of'~Ii~t~f1J~ Form GPCSF_LT - "TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE 1~~ RESIDENTIAL APPRAISAL SUMMARY REPORT SITE DESCRIPTION D(mensions: 78,0'.x_1100',..,.......__.._..._....___..,......_...._..~_.__..._..._......_...~._._._._....._..._._ ............._.........._ Site Area: _._..............__...._..._.__........._._....._6,580,.Sg,Ft._._.._.._ _.__~. Zoning ClassfffcaUon: R1_..__„___.,.,.._-._.___~__._,____. Zoning Description: Suburban Residential_. __,,,,,._.__._....,..,...._......,,,._._. -_.___.____ __ _._. ~ontng Compliance: ®Legal ^ Legaf Non-Conforming (Grandfathered) ^ Illegal ^ No Zoning Regulations Deed Restrictions: Are Covenants, Conditions, & Restrictions (CC&Rs) applicable? ®Yes ^ No ^ Unknown Have the documents been reviewed? ^Yes ®No ^ N/A Ground Rent (rf applicable) $ _____,.______._, / , Comments: Outside of the scope of this assignment. _____,~ Highest ~ Best Use, as improved, is the: ®Present use, or ^ Other use (explain) __ _ _ .._... ,.-__..,_,.._.....,._.,.__..._.._..___ _......... _. . Characteristics: Topography: Level to sbping _ Size: Ty,L'ical for the devebpment Shape: Rectangular.--.___._~._.__ _.........---....____......_ Drainage: Appears adequate___......_._..----.---___ ___~ Vew: StreetlAvg __ Landscaping: Average ,____ _ Other features: ®Inside Lot ^ Comer Lot ^ Cul de Sac ®Underground Utilities ^ _ __. -r.__._. ~ _______ ^. _.__._~ ___ Utilities: Public Other Provider/Description Off-site Improvements: Type Public Prorate Electricity: ® ^ Street: _Macadam ......-_____..__. ® ^ Gas: ^ ® Propane (available) Curb/Gtrtter. Concrete ® ^ Water: ® ^ Sidewalk: Concrete .. ® ^ Sanitary Sewer: ® ^ Alley: None ..---._._____._.__....__._~__._...____ ^ ^ Is the property or the improvements located in a FEMA Special Flood Hazard Area? ^Yes ®No FEMA Flood Zone: °X°,_-___ -___ FEMA Map # 510154 0129E___....,....,-__,_._____ FEMA Map Date: 02/04/2005 v ____. Site Comments: Typical utilit~easements__No_known encroachments_--.__...._.._._--.-__-_-_----........._.-~---_------._...._....._..._.~._.___---.-.-_.__.-._.._...___....__.__..___...___.....__. ._____ DESCRIPTION OF THE IiVIPROVEMENTS General Descriptor: # of Units: 1 ^ + Accessory Unit # of Stories: 2 Design (Style): Frame 2 Story J_ Type: ®Detached ^ Attached ^ Status: ~ f:~tisting ,:: ^ .Proposed ^ , Under GonsUuction , d~ Actual Age (years): 1 ~s -.....~___ Effective Age (years): .1~ -• ~_ Year Builb :. , f991 . _ , Exterior Description: Foundation: Poured concrete !_~_~__ ____..__. Exterior'WaAs:, ~'^~~ Roof Surface: Composition Shingles Gutters & Downspouts: Aluminum Window Type(s): .Double Hun _,_-- _ Storm /Screens: Alt.rminum screens_._ Heating System: Electric Heat Pum~__!_.______ ___ Cooling System: Cer>Sral Air ;_ Car Storage: ^ None ®Garage ^ Carport ^ Driveway (Surface: Concrete _____,- ` .) . ToCdl i#~ oi"Cars: _ 2 ?: _ Livable area above grade contains: _. 7 Rooms, 3 Bedrooms.. 25:. Bath(s), and' . T,815" Sq:Ft'•of GLA Describe Addffional Features and Improvements Basernecrt'Aasahert ft9c:: Ftoatr~arad.Er~Y?Be1fr~~Ki~checrrislarrcE.~ Su6iedtis~ asstir~ed'.bal be' ict~at.~.AVeraQe ~tio~.,Tltis° ._.___ _.._. assr~r~,abe~~ia~maaefas~d~te.ortt-e~~.apprai~ is~twv~: ~ricu-tb!1Fte' reQarCsprep~era~rt'`dat~t-fad~fe~red ma~tenance:~..° items noted nor assumed. No functional or external depreciation observed. Client: Kope 8~ Assoaates ~ Client Flle No.: Appraiser Fde No.:< S'~AF2009(}9 *~ry~~~~ +i~t Agcp~ Copyright®2007 try a b mode, inc. This form maY ~ Bproduced unmo~ra~ wYtwut vrtitku pemdssion, twwever, a la mode, inc. must be acimowledged and rxedted. ',~~iMfE~~ Form GPCSF LT -"TOTAL for windows` appraisal software by a b mode, inc. -1-800-ALAMODE tom? Fil No. STAF20 Pa e ' RESIDENTIAL APPRAISAL SUMMARY REPORT SALES COMPARISON APPROACH TO VALUE For the Sales Comparison Approach, the appraiser selects comparable sales that they consider the best matches to the subject in terms of physical characteristics, physical proximity, and time of sale. The appraiser then makes adjustments to the known sale price of each comparable sale to account for differences that are recognized by the market. For example, 'rf the sutrject has a single bathroom but a comparable has 2, the comparable's sale price would be educed by the attributable value given to the extra bathroom based on the market's reaction. Ldcewise, 'd a comparable sale has a smaller square footage than .he subject, its sale price would be adjusted upward in the same manner. By weighting and reconcling these adjusted sales prices together, an opinion of valur ~- fnr }F,n c„hinM rnn ho flPfPfM1nP.[t _.FEATURE _....... ....._1........_....._._SUBJECT _... _.._..._.COMPARABLE SALE..#._j........_.._ .---_ COMPARABLE_SALE # 2._........_ ,.......__COMPARABLE SALE # 3 __._... Address 103 Theresa Drive 10 Quiet Brook Court 7 Sv+edish Elm Circle 136 Theresa Drive Stafford, VA 22554 Stafford, VA 22554 Stafford, VA 22554 Stafford, VA 22554 Proximity to Subject _ . ~" 1.19 miles 1.09 miles 0.17 miles Sale Price Sale Price / GLA i $ N/A ~$ /Sq.Ft. _ ~ $ 38_5,000 $ 198.05/Sq.R~~_ ` ; - $ $ 195.66/Sq.Ft.,; `_ 383,500 _`- $ ~ $ 160.19/Sq.Ft.( 347,300 Data Source(s) _ i V'csual Inspec. MLS #ST6463736, ao_ rec's, vie MLS #ST6367987, co. rec's, vis MLS #ST6264999, _co._rec's, vie _ _ ADJUSTMENT ITEMS ! DESCRIPTION DESCRIPTION °+~) $ Adjust. DESCRIPTION ~+(-) $ Adjust. DESCRIPTION ~+(-) $ Adjust. $ales.orRnanCjng F -_---- - Corwentioraal, ~~ VA ~_'' Conventional Concessions j $12;897 cc's -1; $5;000 cc's 4 $6,532 cc's ~ Date of Sale /Time ;NIA 09/04/2007 07/13/2007 _~ -4,800 04/02/2007 ! ~ --10,900 Rights Appraised __ _~Fee Simple __ - Fee Simple _ .__..___...... _.___~_...___ Fee Simple _____~ __.._._r___ Fee Simple _- _-.j__ _ _ ___.^_ Locatan ;Arbor Glen Hunter Trail Autumn Ridge ' I Glen Arbor i --._ .... ......... Site _.____.......__.._.............. 8,580 Sq.Ft. ~- -.-~._ ....... t 16,710 Sq.Ft~_ _ ......... ...,. .. ...._.. . 10,711 Sq.Ft_,(~ _ __ ____ . _ __..........._ .._ 16,392 Sq.Ft: ; _. ............. dew ~ ; Street/Av~ Street/Av ~~-_-_ (--- -_ __--- Street/Av~_--_' - - _-._._...._.__ Street/Av~ --- _.__.i r--- ----___._. __ _ Design (Style) ~ _____ 'Frame 2 Story _ _ Frame 2 Story ~ ____~_ Frame 2 Story __ Frame 2 Story __ _~ _~._____ Quality of Consbvction~AveraOe Average ~ .._ Aver~e___._~-a__ ~_.....__.__. Average .._._.._._.__ Age ..._.._......__.._.. :F 6 ~' . .____.. ._._...____.__._ __.... 17 yrs. - ~__ ~ ._ .._._____ ~. ~. 10 Yrs ~ ~._ ' -5.000 14 Yrs. __ ~___- ~ Condition ~ _._. _. vera ge 'A Average/Good___' __ _;7,500 Average/Good _ ; _ , 7,500 Avers a _-___ i __ _ Above Grade ~ _ ~ ~ ~ Total jBdmts _ Baths Total Bdrrns! Baths Total ~Bdrms Baths Total Bdrms Baths Room Count 7 3 _ 2.5 8 4 i 2.5 j -5,000 8 4 2.5 ! -5,000 7 3~ 2.5 Gross Living Area 1,815 Sq.Ft. ' 1,944 Sq.Ft. -4,515 1,960 Sq.Ft.~ -5,075 2,168 Sq.Ft. -12,355 oundation Full Basement ~ .. _ Fufl Basement Full Basement Full Basement Fnishedarea .._.._. r._-.__- ---_ ~Rec/FBath ReclHBath _'_____ _T+1,500 Nofinish +9,000 No finish ! +9,000 Functional Utility Average Averse Averse ! Averse Heating /Cooling ~ HP/CA HP/CA ~ HP/CA , HPlCA Energy Efficient Items ;Basic ----r-------._..__......~._._...._. Basic Basic Basic - Garage /Carport 2 car -att 2 car -att ~ ' _ _ 2 qr -att - 2 qr -att` <: . ~_ _ Porch /Patio /Deck _ . W p h, Dec ._. Stoop, L~Deck _! - .~ __+5, Scm'dPon~, P_ att'^ Porch, Patio -~ - +5, Flreplace s ~ 1-FP 1-FP k 1-EP ~ 1-FP r Fence, Pool, etc. ;Drive __ _ Drive, Fence, Stg -2;500 Drive; Fence k -1,500 Drive ;_- ,~i _-~ Additional Features _ _ , ;None None None None ' NetAdjustrrtent(fotal)~ ^+ ®- ;$ 14,3 [~+.®- $ 19,875 ^+ ~- $ 9,255. Adjusthd Sale Price ' ~ Net; 3.7 `ffif Net 52 %~ _ Net' Z otComparables :::. ~_ Grass 7.1 %;$ 370.638 ss : 9 ~% $ 363,625 - ..:.Crosse -. 1 $ 338;045 Comments on the Sales Comparison Approach: See attached addenda Appraiser's Igdlcated Value by the Sales'Camparison Approach ___ $ 365,OQ0 Client: Kope & Assoaates••: Client File No.: Appraisec Ei{~:lYo.. ~ STAF200909 {~p~~.!~ACp~r C,opyright®;ZOe7 by a lamode, Inc. This form maybe reproduced unmoditled wAtaut wdHen per. tarfrevar, a h mode, inc. must be aolmov+fedged~aod aedlted. . ~~O!'V:7R/iY1Gf1JF Form GPCSF LT -'TOTAL for windows' appraisal software by a.la•mode, inc. -1-800-ALAMODE 10/2007 FI No. S7AF 9 !'a #9 RESIDENTIAL APPRAISAL SUMMARY REPORT RECONCILIATION Final Reconciliation of the Approaches to Value: Most weight given to the Sales Comparison approach as.it best reflects the attitudes of buyers and sellers in the market..__Cost aEproacf is not deveb~ed as it is amore effective valuation method with dwellings_that are_new or under construction~_Incorne approach not, __._ .utilized. due to a lack of rental data in this predominately owner-occupied_area that would render a defensible GRM ana-yl sis___,_._________.__ This appraisal is made ®"as is"; ^ subject to completion per plans and specifications on the basis of a Hypothetical Condition that the Improvements have been completed; ^ subject to the following repairs or alterations on the basis of a Hypothetical Condltion that the repairs or alterations have been completed; ^ subject to the following required inspection(s) based on the Extraordinary Assumption that the following condition or deficiency does not require alteration or repair. ~,J~ sport is ~sorsnbjectfa,o~rer•Ffirpa: Conte or6d,ravndbrar~ ~~as specified elsewhere in this report. ATTACHMENTS A true and complete copy of this report contains _ 21_._, pages, including all exhibits which are considered an integral part of the report. This appraisal report may not be property understood without reference to the iMormation contained in the complete report. Attached Exhibits: ^ Scope of Work ^ Limiting Conditions ^ Certrf'ications ®Narrative Addendum ® Photograph Addenda ®Sketch Addendum ®Map Addenda ^ Flood Addendum ^ Additional Sales ^ Cost Addendum ^ Manufactured House Addendum ^ Hypothetical Conditions ® Extraordinary Assumptions ^ ^ ^ OPINION OF VALUE This Opinion of Value may be subject to other Hypothetical Conditions and / or Extraordinary Assumptions, H so indicated above. 'eased on the degree of inspection of the subject property as indicated below; the defined Scope of Work for this appraisal .ssignmerd~ the attached Statement of Assumptions and Limiting Conditions; and the attached Appraiser's Certifications, my (ourj, Current Opinion of the__Market Value_ (or value_ range), as _defined eisewhere__in_ this. report,.. _of _the real_ property. that_ is the subject of this report is: S 365.000 as of September 242007- _ which is both the Inspection Date and the Effective Date of this-appraisal. SIGNATURES APPRAISER SUPERVISORY APPRAISER'Qf required)' or CO-APPRAISER (if applicablej~.. " Supervisory or Appraiser Name: Daniel APhillips - Co-Appraiser Name: Comparry: .Phillips Appraisals LLC____,___._----_._.~..---..~___ Company: _-__ _ -_...__ Phone:.t540) 373-1131 ~ Fax: (540) 373=1131.._.____; Phone: -_ Farr J ._._.___-._~.._._.. E-matt: dph~10rGphiaipsappraisaisva.com _ E-mail: _ _______ Date of Report (Signature): September 16.2009.. _____-^,_„_. ' Date of Report (Signature): -_-_--_-- ticanse~nrGet~" ODOC'~=' Sta~'Via~a •. ' LirnRca~oal'#::. _ State•~; I)esi~Flon~,: (~r»ffed~ralfalF .. ._ _ ..-._.. Expiration Date of License or CertiCr~on:..11/30/2009 Expiration Date of Ltce~TSe arCe~titication:: Y Inspection of Subject: ®Interior 8 Exterior ^ Exterior Only ^ None Inspection of Subject ^ hrterior 8 6derio~. [] F.rcterior:tkrly..^ None- ::. Date of Inspection: _September 24.. 2007...._....____._.____..__......_...__.__ __ __ Date of Inspection: ..______~-._________._.___......__.___._..__..__._.__.._...__...--__ Client: Kope & Assodates ~. Client File No.: ~ Appraise~Fde.Nos:: 9TAF200909-::' . - ~~ p~ Edp~dglat®2QO7~byak mode, k~c. This torte maybe reWo~+ced mx~w~ffed vdthout wrritm D~n~sbn. However. a la mode, inc. must be aclmowledged anA credMed: ' C~''--~~tytE~F ., ~ Form GPCSF LT -"TOTAL for Windows" appraisal software by a ha mode, irrc. -1.800-ALAMODE t~l Fli: N : STAF 009 9 P' a #10 `' Supplemental Addendum F;;PNo. sTAl=2oosas Borrower CBent Charles W McCobb Pro Address 103 Theresa Drive Ci Stafford Cou Stafford State VA Z Code 22554 Lerida Ko e & Assoaates • GP Consumer Short Form • Safes Cbrrtaartson Aaproach -Comments on Sates Comparison Aoaroach Sales data used herein are the best available through careful and extensive research of MRIS MLS system and county deed transfer records. Sales used in the comparison grids are the closest to and most nearly comparable with subject with regard to comparison points such as location, dwelling age, above-grade dwelling size (GLA), and overall quality. All comparables researched were considered equally. Sale #1 adjusted for Financing concessions due to having seller-paid dosing costs higher than the market typical 0-3% of sales price. Adjustment amount equals the difference over 3°10. #2 & #3 adjusted for dates of sales to reflect the dedining values experienced in the market. Adjustment amount based upon a 7.5% annum decline. Sales #1 & #2 adjusted for condition of improvements are both had limited renovation and/or component updates prior to sales. All sales adjusted for physical differences such as number of above-grade baths, dwelling sizes (GLA), basement finished areas, •• porches, and/or other exterior structures. Adjusted sales establish a reasonable value range. Sale #1 is the better indicator of value due to date of sale and basement finished area. Sale #3 appears to have sold below market value which.,may;,be,a product of it being a Relocation Sale. There may have been urgency to lower the listing/asking price in order to gain a quick. .~ sate+as.the property.had,beerrmarketed~over 5'months; #S is~given theF hst.waght,duringfirial value determination. Although some ofthe comparables are just over 1 mite from subject, they are alt Located within the marketing area of subject, i.e. in an area that market participants would consider equally if looking to purchase. PURPOSE, SCOPE & SYNOPSIS Note: This report utilizes a RETROSPECTIVE DATE (9/2412007) and is being prepared using an EXTRAORDINARY ASSUMPTION. The Assumption states that the exterior and interior of the subject's improvements are estimated to be in at least Average condition as of 9/24/2007. If contradictory information is presented to the appraiser, the appraiser reserves the right to amend any portion of this report, including the Opinion of Value, if deemed necessary after analysis of the new information. All pictures used within this report are current photos (9!11/2009). MLS photos from 2007 of the safes used for comparison were researched and are available from the appraisers assignment file. Pictures of the subject are not entirely representative of the improvements as of 9/24/2007 due to improvements having been rebuilt after fire damage that occurred in 2009. No major structural alterations were made, but many of the frame, exterior and interior components are new. The scope of work included research of local MLS (MRIS) databases, Stafford County deed transfer anti assessment records ' and appraisers files to report on economic conditions and neighborhood trends prior to and including 09/24/2007, the effective data of the report. The scope of the appraisal basically provides for a thorough physical inspection of the subject. property and. its environs sufficient to gather all pertinent data to form a market value conclusion. The attributes of the subject property. are compared: to the most comparable data available including properties presently offered for sale, properties «,mently under contract for sale and sold properties where title has fully transferred (i.e. closed sales). An exterior inspection of the comparable-sales is made:'' Spedfics regarding physical features of the comparable properties and the terms of sale are verified-with parties to the transaction, public records of the jurisdiction and public reporting subscription services such asDATOR, MSf; RED/, LUSK-and" VARED. The subject and comparable properties are compared regarding the four major elements of comparison (i.e., location, date of sale, physical characteristics, improvements and conditions of sale), inducting ali subelements. The necessary market extracted adjustments are then utilized to derive an indipted value by direct sales comparison. The cost and income approach are also considered depending on their applicability. After considering all three approaches to value, the appraiser follows a thoughtful and thorough reconciliation process to arrive at the market value estimate, as defined as of the effective date of the appraisal as stated in the report. The comments in this addendum are intended to expand on what the appraiser feels are the areas of most importance to the reader to fully understand the appraisal report and methodology. The expanded narrative allows the.appraiser.to provide addi#inal comments where sufficient space is notavailabls on.the appraisal form. The market has beertthoroughly searched: anct~tlaasalesreportad,are~iA.tlte epprais®ls~opinion~bestsalesawai{able.thatweigh the:fourmajoc elements:of comparison: FtdOD t'fA2~lRD'ZOF1E.4".., The appraiser has personally Examined the most current flood/hazard zone sounzes (Hl1D'/FEMA:and/of.locaf municipal` maps/documents)lor the subject vicinity in order to estimate whether any portion of tha~ sut~jed sfte is bcated in~a'special'r'j ' flood hazard area as defined by HUDlFEMA. Unless otherwise noted in the body of the report or the attached addendum, the subject property is considered by the appraiser to be in zone "C" or "X" which is not a "spedal".flood area.requiring Road... insurance. Flood maps are general in nature and the appraiser strongly suggests the examination of the current survey'ofthe~~ ~. ' py~ Current survey will usually denote more precise data relative to a specific site than the general flood maps proaridedx:: ' by Ht?Q/FfMA which oftentimes do not identify flood zones on individual parcels. Most jurisdictions will provide flood zone information on the survey report inducting the denotation of any "special" flood hazard lines on the specific site and their proximity to the improvements. CREATtVE~FINANCING and/or SALES CONCESSIONS File No. TAF200909 Pa a #11 Supplemental Addendum ~:,_„_ ~T~~.,,,,.,.,.,. VVVV~ Borrower Client Charles W McCobb Pro Address 103 Theresa Drive C' Stafford Coun Stafford State VA Z Code 22554 Lender Ko e 8 Assoaates It was necessary for the appraiser to broaden the market search to obtain comparebles with similar utility, style, effective age and sale dates reflective of current market conditions. Based on appraisal practice with emphasis placed on weighing the elements of comparison, the sales chosen represent the best indication of the subject's current market value. In the appraiser's opinion, the sales chosen best weigh the elements of comparison and while the distance from the subject property is very important, various factors within the elements of comparison require a wider market search than one mile. The sales chosen are considered to be the best available to satisfy mortgage underwriting requirements without sacrificing the integrity of standard appraisal practice established by the Appraisal Institute. PRICE PER LIVING AREA VARIES BY MORE THAN $10.00/SQ. FT. It is noted that the price per square foot of living area varies by more than $10.00 when compared to the subject. The prit~;per, ; anea~on{y:c~or~siders:2:fadas. price,ar~sme ofthe Uving•area: Otherfactorsahat+also°have asignificant influence on. • . market value (e.g. site value, amenities, functional utility); are not considered in this overly simplified (and therefore sometimes . , , . misleading ratio.) The selected sales represent the best balance of the major four elements of comparison. The selection of comparables with a deviation of "+" or "-" of $10.00 per square foot would have required the use of inferior comparables whictr::. would have, in the appraiser's opinion, reduced the reliability of the indicated value. SUBJECT HAS THREE BEDROOMS AND COMPARABLES HAVE FOUR OR MORE The subject has only three bedrooms above grade and some and/or all of the comparebles have four or more bedrooms. Since a three bedroom configuration is common in the neighborhood, it is not considered adverse and no adjustment is required nor does it impact marketability. SKETCH The purpose of the sketch shown with the appraisal is to illustrate the functional utility of the dwelling floor plan and is not to be considered an accurate rendering of room sizes, shapes, or characteristics. PERSONAL PROPERTY No item(s) of personal property was/were included in the description or valuation of this real estate. FI No. TAF20 9 P #1 Sunnlemental Addendum Fae1Jo sTAF2onsns Borrower Client Charles W McCobb Pro Address 103 Theresa Drive Ci Stafford Cou Stafford State VA Z Code 22554 Lender Ko e & Assoaates Because no detailed inspection was made, and because such knowledge goes beyond the scope of this appraisal, any observed condition or other comments given in this appraisal report should not betaken as a guarantee that a problem does not exist. Specifically, no guarantee is made as to the adequacy or condition of the foundation, roof, exterior walls, interior walls, floors, heating systems, air conditioning system, plumbing, appliances, electrical service, insulation, well/septic system, fire retardant plywood, or any other detailed construction matters or components. In addition, the appraiser is not qualified nor required to determine the existence of molds or contaminents in the property, and assumes no responsibility for there existence therein. During the course of the inspection the appraiser may have been asked to activate, test, and observe specific functions or conditions. Any acknowledgement or findings are applicable only at the time of the specific inspection and the appraiser makes no guarantee of the continued condition or use of any components of the property. AN conditions andlor functions specified on none complete properties are assumed to meet those standards typically associated with a new home, and the appraiser makes no guarantee of there actual function or condition upon completion. If any interested party is concemed..abouL• the existence, condition, or adequacy of any particular item, we would strongly suggest that a construction expert, home :, ir~spedor; servioec.tecttwnician and/or~oontrac0or! f~ ihired for. a~ detailed investigation. This appraisal is no substitute for a home inspection, or for a buyer walk-thru inspection. Information on subject and comparable sates data which was used in this report was provided by financial institutions, government agencies, sales agents, real estate firms and tax records which were available at the time of inspection. As tax records are on periodically updated and sometimes incomplete, it is necessary to supplement some sales data with real estate firms and their information services and also to have field estimates of square footage. This information is assumed to be true, correct, and reliable. No responsibility for the accuracy of such information is assumed by the appraiser. Opinions and estimates expressed herein represent our best judgement but should not be construed as advice or recommendation to act. Any actions taken by you, the client, or any others should be based upon your own judgement, and the decision process should consider many factors other than just the value estimated and information given in this report. The appraiser should be contacted with any questions before this report is relied upon for decision making. This appraisal is an estimate of value based on an analysis of information known to us at the time the appraisal was completed. We do not assume any responsibility for incorrect analysis because of incorrect or incomplete information that was provided to the appraiser. If new data or documentation is provided to the appraiser, the value in this report is subject to change based on the significance of this new data. The exterior dimensions and gross living areas of the subject and the comparables reported throughout this report are often estimated due to the existence of various items that may impede direct measurement of exterior walls. Furthermore, the measurements of upper levels are estimated from the ground level and may not be accurate. The direct measurement of the comparables is often difficult due to the objections of homeowners. If direct measurement was not possible, the appraiser based the estimate of gross living. area on the square footage.of a similar. model located in the same neighborhood. if,any . .. dimensions were estimated on comparables, the letter "e" is to be included after the estimate. Information regarding the neighborhood trends such as growth rate, property values, and•demandlsupplyanct marketing time is based on research from the previous 6-12 months. The data presented in this report is not to be+construed as a predictio~r, but• rather a reflection of the current market conditions as of the effectivz-date of this:appraisal. , ENVIRONMENTAL DISCLAIMER The appraiser has not been informed, nor has the appraiser any knowledge of thesxistence of arty environmental or health impediment, which if known, could have a negative impact on the market value of the subject property. The valuation contained herein is not valid if any hazardous items are found in the subject propertyand not stated within the appraisatreport, including. << but not limited to: Ureformaldehyde Foam Insulation, Radon, Gas. Asbestos.Products,.lsad_Based,Pnxlucts,,,Toxic Waste Contaminates. Subject Photo Page Client Ko e & Assoaates Pro Address 103 Theresa Drive C' Stafford Coun Stafford State VA L Code 22554 Owner Charles W McCobb Subject Front 103 Theresa Drive Saks Price N/A Gross Livia Area 1,815 Total Rooms 7 Iota{ Bedrooms 3 Total Bathrooms 2.5 Location Arbor Glen Crew Street/Avg Site 8,580 Sq.Ft. Quality Average Age 16 yrs Subject Rear Subject Street Form LPICPIX.DSS_LTR - "TOTAL for Windows" appraisal software by a la mode, inc. -1.800-ALAMODE File N . ST 090 Pa #14 Comparable Photo Page Client Ko e & Associates Pro Address 103 Theresa Drive C' Stafford Coun Stafford State VA Fa Code 22554 Owner Charles W McCobb ~ompara4~C ~ 10 Quiet Brook Court Prox to Subject 1.19 miles Sale Price 385,000 Gross Living Area 1,944 Total Rooms e Total Bedrooms 4 Total Bathrooms 2.5 Location Hunter Trail Yew StreetiAvg Site 16,710 Sq.Ft. Quality Average p~ 17 yrs. Comparable 2 7 Swedish Elm Circle Prox to Subject 1.09 miles Sale Price 383,500 Gross Living Area 1,960 Total Rooms 8 Total Bedrooms 4 Total Batirooms 2.5 Location Autumn Ridge Yew Street/Avg Site 10,711 Sq.Ft. Quality Average Age 10 yrs Comparable `3 136 Theresa Drive Prox to Subject 0.1Tmr'!es .'. . Sale Price 347,300 Gross Living Area 2,168 Total Rooms 7 Total Bedrooms 3 Total Bathrooms= 2.5. Location Arbor'Glen"` , ,., '~ ' View . Street/Avg .. , .Age 14 Yrs. Form LP)CP0CDS9g_LTR -'TOTAL for Windows` appraisal software by a la mode, inc. -1-800-ALA({d00E ' "° Location Map Borrower/Clerd Charles W McCobb Property Address 103 Theresa Drive City Stafford County Stafford State VA Lp Code 22554 Lender Kooe & Associates Mp091601.PNG r, ~l~r • I ~. ~. '~OM{~Yp>el'brMllfglf _ `t~+~c T,~: ` ,, .. Quintbo Unaed StaES:IrWtr Cppf Rn~rxYfon ~~~ ~~ ~'~ :,, ', .p..+. s ~:~ .. ~a ., ~ ~, n :, ~. t ~ r..: ...~ ~ ~~~.` ~ ~5, 0.n "Z~ ~+ ~~ .... ,..: ~~' ~ WW a : .a i ~ «e a "4.. {i i~tr~ 3~'~ ~~ '~. ~'l~l~'M~ fit' Q ~ ; f ~/~ ff \ %.~~, t3°a ~`a1.: ~~,I~,pa; .. ~. air `1 hdt~g'~j w ~" v o = ~~ '-w'." ~ ~<", i, ° qa- o ~ e v ~Y. a ' v, ~,: ~ ,;- MDOItS ".•. .A :. ~ ~~ ,,: ~~- ~, 4 ~ ~ ~ t,y Y _44 A p ~ ,s ~~ ~ ::: '.cg's ~ ' `+` ,r'`s. ~' t~+ ,~ ~~5 sy ~ ~'1 [i ~ ,~t: t y _~~ N : K - - 1' .~ ~ ~ ,,,,,~ ~ t f;I+" rb,,n„~., -, + ~n~. ~ l~_ sir. a,e ~' r ;, t, form MAP10C - "TOTAL fa Windows' appraisal software by a h mode, Inc. -1.800-ALAMODE FdeNe.SFAh2 x.76; . Building Sl~etch (Page - 1) BOrrm~ver/Clieid Charles W McCobb PrapeAy Address 103 Theresa Drive City Stafford County Stafford State VA Lp Code 22554 Lender Ko 8 Associates :r M Recreation. room . ~n First Floor 7',''r 9,' ~~~~~ ..` t ~ lr'.- ! •" % Deck I c 11.5' ' " 26' 10.5' %0 13' 26' in K ~ Basement 37' (Unfinished) in Full (Unfinished) Bath 11' Second Floor e`rmMM~w~Sn." Conxnents: Full Bath Bedroom Fu{I Bath Bedroom Bedroom 26' r Dining ~t ~ .. Family Room - ~ 10' 2' ~ ~ 11.5' u'• Half ~+ m `^ 7 ~ Living Room Bath ~ 2 car ~ t fn N , Garage .. Foyer N Porch 25.5' N ..._. ~._.M.-.._.r__-__......~___..~ 30.5' 21.5' ARF}l CALCULRTIdtJS SUMM/iRY '=LIVING AtZFJ4~BRE:AiIC[~OWR t,i-, .: ~ .. ,. Code DdGFpC}On ;-. '.. . H~t'SFtr. a.. Net Tomb ._r,,. ,~ r ,- Bi7~ktlOMn _'j:- gi b. . GLi11 first Floor 1009.3 1009.3 lSrstr 7loor. GLr12 Sacrnd Floor 806.0 ~ 806.0 25.5 x 16.5 - •` ~ - 420.ie'.: ~ 9310 8aseat 965.5 965.5 39'':0. :: ..12.5 • ' 487.4 .• GLA GYraq~ ~ 462.3 ~ J62. 3•.' 2.D-`a~~ 3Tr0a' - 71:0!, . p/p pp~h 245.0 0.5 z 2.0 s 2.0: 2.0 `O~ck 152.0 397.0 11.5- : T:O 23.0 O.SD-s. :2.A.-. z:.; ..2_0.,, - ' ~ l - 204,... S1eaOd F eOO: . 2i.4 ~~ ~.•~~ 32.6, : ..,.:. 801:0.::... Nef UVA$CEJKrae r . ;... (rounded) 1815 `.. " T 1tert1S.,' :'•r , . „ ` ( `~ 1&1S •,:> Fam SKT.BIdSId -'TOTAL for Windows' appraisal software by a b made, inc. -1.800-ALAMODE it Mop F2 0 09 Pa a #17 Form SC1- "IOTA! for windows" appraisal software by a la mode, inc. -1-800-AIAMODE ree~wa,~arnrtuu~ Page#15: WILMINGTON, DELAWARE Adminisvative (Mlices - 100 Summa Scat, fSOStar, Massadrusetts 021 l0 Certificate Number. F067038465 This Certificate forms q part of Master Policy Number. 010007997 Renewal of Master Policy Number : 5130706 YOUR RISK PURCHASING GROUP MASTER POLICY IS A CLAIMS MADE POLICY. READ THE ATTACHED MASTER POLICY CAREFULLY THE AMERICAN ACADEMY OF STATE CERTIFIED APPRAISERS CERTIFiGATE DECLARATIONS t: Name and Address of Certificate Flolder. Phillips Appraisals, LLC atnd Dania{ Phillips 2 Musket Court Fredericksburg VA 22405 2. Certificate Period: Effective Date: 01/21/09 to Expiration Date: 01/21/10 12:01 a.m. Local Time at the Address of the Insured. 2a. Retroactive Date: Oi121104 12:01 a.m. Local Time at the Address of the Insured. 3. Limit of Liability: ; 1,000,000 each claim 1,000,000 aggregate limit 4. Deductible: ; 2,500 each claim 5. Professional Covered3ervices insured by this policy are: REAL ESTATE APPRAISAL SERVICES 6. Advance Certificate Hotder Premium: S 639 7. Minimum Famed Premium: 25% or ; 1S0 Forms and Endorsements: PRG 3150 10105 Real Estate Appraisers Professional Liability Declarations, PRG 314910/05 Real Estate Appraisers Professional Liability Form, MPL022 12/02 Fungus Mold Exclusion, LX 9346 09/99 Employment-Related Practices Exclusion, 8122711!02 Terrorism Exclusion, AASCARPGNS OB/03 Non Stacking Endorsement, PRG 3151 10/05 Disciplinary Proceedings Extension Endorsement Agency Name and Address: INTERCORP, INC. 1438-F West Main Street Eptrrata, PA 17522-1345 IT lS HEREBY UNDERSTOOD AND AGREED THAT THE CERTIFICATE HOLDER AGREES TO ALL TERMS AND CONDITIONS'AS' SET FORTH IN THE ATTACHED MASTER POLICY. ' THIS POLICY iS ISSUED BY YOUR RISK PURCHASING GROUP., YOUR RISK PURCHASING GROUP MAY NOT BE SUBJECT TO , ALL OF THE INSURANCE LAWS AND REGULATIONS OF YOUR STATE STATE INSURANCE HVSOLVENCY GUARANTY Ft1ND5 ARE NOT AVAILABLE FOR YOUR RISK PURCHASING GROUP. ~g.~~~. Authorized Representative OR:. '• Countersignature(in,statesvrheraFapplicable~ , : Data:•January:23, 200g~ ;; Fain SCA -'fOTAt for Windows' appraisal software by a la mode, mc. -1-ii00•AIAMOOE File No. STAF200909a Paoe #1 a F t,.` Ham, ~::,:;• ~?' '~~ ~` ~, i ' ~ ~ ^ Y~I, is 'j .,. t'.n APPRAISAL OF REAL PROPERTY _ LOCATED AT: 103 Theresa Drive ?~;~, , Stafford, VA 22554 "°^; .,~.;, Lot 46, Arbor Glen #?.~ ~' FOR: ~x~.~ s~ Kope & Assoaates ~: fir, y 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 AS OF: July 2, 2000 BY: Daniel A. Phillips, CMEi4 - PhAI'ipsAppraisais; LLC:' 2 Musket Court ' Fredecid~bis~ YA22MQ5'" ~'~ p~- ~'i {cjr' ' _.k ..- f~: PomrSA2_CT,-- `TOTAL for Windows" appraisal software 6y a ~ nwd~;,inc:~-~i~;~ °' ' ' Client Ko a 8< Assoaates _ Fle No. STAF200909a Pro Address 103 Theresa Drive C' Stafford Cou Stafford State VA Ti Cade 22554 Owner Charles W McCobb TABLE OF CONTENTS Cover Page ........................................................... Letter of Transmittal .............................................. Summary of Salient Features ................................ Irnoice .................................................................. GP Consumer Short Form ..................................... General Text Addendum .......................................... Subject Ph~os ...................................................... Comparable Photos 1-3 ......................................... Location Map ........................................................ ., auiltdir~:sweecctril- f~ - Addendum Addendum ............................................................. Engagement Letter ................................................. GP Consumer Short Form Certifications Addendum ....... 13 ...._. 15,,,. , ........ 16 _~,. ....... 18 . . ....... 19; . Form TOCNP_lT'-"TOTAL for windows" appraisal software by a la mode, inc. -1-800-ALAMODE ' ~: Fife N . TAF200 9a Pa e # SUMMARY OF SALIENT FEATURES Subject Address 103'xEieresaDrive Legal Description Lot 46, Arbor Glen City Stafford Couriy Stafford State VA lap Code 22554 Census Tract 102.04 Rtap Relerence• R~RRS•pt240-JT°,. Sale Price $ N/A Date of Sale N/A Client Kope & Assoaates Owner Charles W McCobb Size (Square Feet) 1,815 Price per Square Foot $ Location Arbor Glen Age 9 yrs ' Condition Average Total Rooms 7 Bedrooms 3 Baths 2.5 Appraiser DanielA F'trllips , • Opinion of Value $ 175,000 form SSD2 LT-"TOTAL for Windows" appraisal software by a la mode, inc. - t-800-ALAA~~~~ Phillips Appraisals, LLC. Fife No. STAF 00909a Pa a #5 Appraisal Report 103 Theresa Drive Stafford, VA 22554 Phillips Appraisals LLC (540) 373-1131 ;Appraised Value as atF:~ ~~ July,'2~,~200~ ` •; ,. Style/Design: Frame 2 Story Living Area (Sq.Ft.): 1,815 Total Bedrooms: 3 Year Built: 1991 Condition: Average Lot Size: 8,580 Sq.Ft. Neighborhood: Arbor Glen Total Baths: 2.5 Effective Age: 5 yrs Date of Report: July 2, 2000 Client: Kope 8 Associates Address: 395 St. Johns Church Road Suite 101 City: Camp Hill State: PA Zip: 17011 Phone: 717-761-7573 Fax: •'71.7 761-7572 E-mail: Name: Daniel A Phillips Designation: Certified Residehtial Certification or License #:: , 40D1 ©00392: . . ~` ~ ,!',,,,,~ ~ Expiration Date: ' 11/30/2009 `" ` ST: 1/A ~ ~ - `. . ~e~ y Appraises Signature E-mail:., dp~hil''10t~phillipsapplra15a4svatcom ,. ~w,- , ClientFile#: ~ AppraiserEfie'#:•,:,° STAFZ00909af., The value ion above is on valid in oon unction,with~thd',atlar:tred .,'TMs.valus• opin expressed N 1 ~+~*'~° may be subject to Hypothetical Conditions andlor Extraordinary' Assumptions as in icat~d ed ,i~tbody of the report. A true and complete copy of this Summary Appraisal Report corMalns 23 pages. ~ CoDYriQM® 200T:by+'a lamode, inc. This form maY be reproduced unmodified without wripar pemdssbn, iwwerer,.gp mode, inc. must be acimowledged and credted. C~~S~~iERSF :: ~ Fa,,, l~csF_LT -'TOTAL for Windows' appraisal software by a ~ mode, inc. -1-800-ALAMODE 1x2007 FIe No. STAF200909a Pa #6 '" RESt~ENTIAL APPRAISAL SUMMARY REPORT SUBJECT PROPERTY IDENTIFICATION Property Address: 1.03 Theresa Driv_e_.__._._.__...._....._._...._._..._.__.____._..______...._.........._....__..._...__. City: Stafford State: VA Zip Code; •22554 _~~_,_. County: .Stafford ._.._._...._..__._._..----.__............_.._.._._._._...._...._._._.._..._ ....................................._._...._._.__.__...._.__.__.. Legal Description of Real Property: Lat46;' Arbor Glen ._-__.______.-_....._._._..___._____._-____._.___-.____._._._._..........__ ................_......._._...._._._._._._. Tax Assessor's Parcel #: 1 ffJ"~i1r ___~ _ R.E. Taxes: $ 2,649.00 Tax Year: 2000 Special Assessments: $ 0_00.___....___._.__ Current Owner of Record: Charles W McCobb._,_. _ _, ___,_. ~.__-__ Occupancy: ®Owner ^ Tenant ^ Vacant Current Occupant ('d occupied): Charles W McCobb__ __ _ __.,.. Project Type ('rf applicable): ®Planned Unit Development ^ Condominium ^ Cooperative ^ ____._ __ _ _ Home Owners' Association Membership Fees (if applicable): $ 200_00 ____ _ __.. _____ ®per year ^ per month Market Area Name: Arbor Glen Map Reference: MRIS 1,p,. 2407 __... Census Tract: 102.04___.___.___._. ASSIGNMENT 111~~purpase~ofsthis~ appraisai into develop a~Cumnt'opirriorr opMarket.Value<.(as defined dsewlrcre itttiris report). Property Rights Appraised: ®Fee Simple ^ Leasehold ^ Leased Fee ^ Other (describe) __ __ _ _ ___ _ ___ ___ __. Intended Use: Propert~valuafion for divorce ~roceedir s,___._.___,_.__.., Intended User(s) (byname or type): McCobb_v_, McCobb; Kobe & Associates Attome~none other identified name owe. _ ____ _._-_ Client: Kope & Associates _. _ Appraiser: Daniel A. Phillips __._._..._._._.._._....._-_. Location: ^ Urban ®Suburban Growth Rate: ®Rapid ^ Stable Demand/Supply: ^ Shortage ®In Balance Address: Address: MARKET AR ^ Rural ^ Slow ^ Over Supply 395_St..Johns_Church Road Suite 1-01,_Camp_Hill,,_PA_1701,1._.,___...__,.,_.,,__..__ 2 Musket Court Fredericksburg, VA 22405 __._._____._ . _ __ _______. __. EA DESCRIPTION Built Up: ^ Over 75% ®25-75% ^ Under 25% Property Values: ®Increasing ^ Stable ^ Declining Marketing Time: ®Under 3 Mos. ^ 3-6 Mos. ^ Over 6 Mos. Typical One-Unit Price: ($) Low 50000_,_„_.__,_,__,...__ High 360000___...__.___. Predominant .181,000 ___.__,_.__ Housing Ranges: Age: (yrs.) Low New/0 -_._ High 50+ ____ Predominant 1:0___. _____ Present Land Use: One-Unit: ____70 % 2-4 Unit: _._.____ % Multi-Unit: -_~_ 1 % Comm'I: ____3 % Other: Vacant ____2li % Change in Land Use: ®Not Likely ^ Likely * ^ Is Changing * * To: ___ _ Market Area Commerrts: The market area is active with new home construction and~existing home sales. Market appeal is good. Med~rrsale price.irrcreases< . shown eve guarter over the_pastyear__No known adverse;market factors,_ Mortgage irrteresGrates are 7.346 -_$:7°k, for fuaed_rate _ ~ ' ~ . financing and lower for adjustable loans. Marketing times are good.(2-3 months) for competithney priced real estate.. SeNers.usualhe:. pay 0-3 points_Govemmental and conventional financir~readily available_.___.__._,_____ _ , _ SALE /TRANSFER / LRSTING HISTORY OF SUBJECT:PROPERTY My research: ®Did ^ Did not reveal any prior sales or transfers of the subject property for the three years priorto the Effective: Date ofihis appraisal. Data Source(s): ,Stafford. Counter deed records and/or real estate_assessment office reoords4__ _ .___ _. ___ __ . _ _.:~_ _ _ _ _ 1st Prior Sale /Transfer 2nd Prior Sale /Transfer 3rnNPrior Sala /Transfer." .+ Date of Prior Sale /Transfer. 06/19/2000 ___.-_____..._ . __._ ~ m~~' ____ ~Pr~ic~e~of/Prior Sale / Transfer: $1T5:000 ~ ~ ~ ... Norre.recorded ~ _ _ ~ ~ ~._.. ~wwr~.W~l~r~l"~.~~I ~1a~el~Data:•~ .,"1~~~i~e~iiitef.~.y, ..S>'•~~ ;.,.,, '. ar~is~crft~nsl~rah~or,-r,arriCaorl~sE'.apneea7~r~dsare~orl~ttn9~ arnf~s~ngnistor,r~r.r~ereM): SubiecYs noted prior transfer reflects an arm's len h~ realtor-assisted sale,AN farms and conditions' appeart~'ca[forthe time_~~iod~' CNent: Kope & Associates Client File No.: AppraM.;er>FNeRNo: ~ . STAF200909a :~ Copyripht® 20W by a b node, inc. This form maybe reproduced unmodfled wttheut writtempermissiori, however, a b mode,. ant; imnst be~acWgidedped ap0 ptdted. ~, ~ .; ..[~SUMERSF Form GPCSF LT -"TOTAL for Windows" appraisal software by a !a mode, inc. - f-800-ALAMODE 10/2007 File No. STAF20090 P e #7 RESIDENTIAL•°A~Pf~-1SAL SUMMARY REPORT SITE DESCRIPTION Dimensions: 78.0' x_11.Q _Q'..._.._............_......_ .............._..._._..._._...._._._.__...._...._._.._...___...._._._...._.............._._............ Site Area: --....._..._._._..._._._..._._._._..._._8L580_S.g.Ft,...._................._.._...._._._. Zoning Classification: R1_____,.__,...__._._______• Zoning Description: Suburban Residential Zoning Compliance: ®Legal ^ Legal.Ntu~onforming (Grandfathered) ^ Illegal ^ No Zoning Regulations Deed Restrictions: Are Covenants, Conditions, & Restriotions (CC&Rs) applicable? ®Yes ^ No ^ Unknown Have the documents been reviewed? ^Yes ~ Na ^-~~~ ~ Ground Rent ('rf applicable) $ _______ _ / __ _ Comments: Outside of the scope of this assignment- , Highest & Best Use, as improved, is•the: ~';i?reserdsuse~;;or,~: ^ Other use (explain) Characteristics: Topography: Level to sloping. .,,_;.;__,•_ , '. S¢e: Typical for the development Shape: -Rectan uq lar_____ _....__.__.._ _._........_..__.__. Drainage: Appearsadeguate ___,...__._._..__..-' _ View: Street/Avg . ~~ ' ^ . ;~ Landscaping: Average ._ __.,^_ _ _~ Other features: ®Inside Lot ^ Comer Lot •~^~CrfFde Sac ®Underground Utilities ^ Utilities: Public Other Provider/Description Off-site Improvements: Type Public Private Electricity: ® ^ -.----___.____._.^..---....__-.._ Street: Macadam -.. --_ -._ ® ^ Gas: ^ ® Propane available -__- Curb/Gutter: Concrete __ ® ^ Water. ® ^ Sidewalk Concrete ® ^ Sanitary Sewer: ® ^ __._...__...---~_.__.. _._.___._......_.... Ailey: None ^ ^ Is the property or the improvements located in a FEMA Special Flood Hazard Area? ^Yes ®No FEMA Flood Zone: __"C"___._._ ____.__, FEMA Map # 51 01 ~ 01308,.....___.___.__.__.__ .___ FEMA Map Date: 03!03/1992 Site Commends: - Typical tfility.easements~No k~wn•_encroachments.__•__._•-_•___._._._ _..._......._. _. _,______ _._______ DESERIRTION OF THE IMPROVEMENTS General Description: # of Units: ~ i"` ~` ^' ~Aecessory Unft # of Stories: 2 Design (Style): Frame 2 Storv Type: ®Detached ^ Attached ^ Status: ®ExiSi>ng, ^ Proposed ^ Under ConstrLCtiaa Actual Age (years): 9 r~s .__________ ~• Effective Age (years): 5•vrs~° -. Year BuiIC 1991 - ~ _ Exterior Description: Foundation: Poured concrete,~~_.____-----._-.--..._......_.._. Exterior Wags: Siding.: ' , Roof Surface: Composition Shingles Gutters & Downspouts: Aluminum window Type(s): Double Hung----.------.__-• Storm/Screens: Ahxninum screens•ordu`' , a Heating System: .Electric Heat Pump~_____T _ -____ __ ______- Coolfng.System: ; Central Air , Car Storage: ^ None ®Garage ^ Carport ^ Driveway (Surface: -~) Totab#;otCars: i2~. Livable area above grade contains: 7 Rooms,' • ___~ 3 Bedrooms,; • _. 25 Bath(s), and 1.815 Sq.Ft of,GLAr Describe Additional Features and Improvements: ; Baseman!'Mma<fir~ished:iiiec:iRaorn•and"~It?BaIM~•l~itd~anislanri~_,,St~ect_is~ass~unedia be in apt te~stAv~oo~tion.,.TTus,_,.:..---__ . ~ ' asaratrpffoe~ismadia:as>1he~eevafffr~spprasaPis~-rrre~~sers~P~r~fhe`n3~4's DreDaratiorrdatea No+deferrect,meiRtenan~s. items noted nor assumed. No functional or external depreciation observed: • . __ - _ _ _ __- GIieM: Kope & Assoaates Client Fie No.: Appraiser! File-Nas , g~,rg=20pgOga-., ~ *~ CopyrighhD 2007 by eta mode, hc. This Porn maybe reproduced unmodified without wrilbri~perm'ssion, fbnever, a b mode,, fnc. mull be aclmuwledgeC and cradled. . ~ ~`~' ~'~0~i1YlE~SF Form GPCSF LT-'TOTAL for windows" appraisal software by a b mode, inc. -1-B00-ALAMODE 10/2007 - , RESIDENTIAL APPRAISAL SUMMARY REPORT SALES COMPARISON APPROACH TO VALUE For the Sales Comparison Approach, the appraiser selects comparable sales that they consider the best matches to the subject in terms of physical characteristics, physical proximity, and time of sale. The appraiser then makes adjustments to the known sale price of each comparable sale to account for differences that are recogn¢ed by the market. For example, if the subject has a single bathroom but a comparable has 2, the comparable's sale price would be reduced by the attributable value given to the extra bathroom based on the market's reaction. Likewise, if a comparable sale has a smaller square footage than the subject, its sale price would be adjusted upward in the same manner. By weighting and reconciling these adjusted sales prices together, an opinion of valuf fnr }hn c.,hiPrt P9n hP fiPtPfrnlflP.(i FEATURE SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 103 Theresa Drive 36 Tanterra Drive 57 Dorothy Lane 3 St. Christophers Drive Stafford, VA 22554 Stafford, VA 22554 Stafford, VA 22554 Stafford, VA 22554 Proximity to Subject ~ - ---- ----- 1.83 miles -- ----------__ 1.83 miles ,_~-T 1.85 miles - -- ----.~ --- - N/A Sale Price i $ $ 180,000 - , I $ 174.9Q0 , = ;~ -- --;; $ 163,0 _ _ _ '~ ~ /Sq.Ft. Sale Price / GLA ~ Visual Inspec. Data Source(s) - - --- $ 96.98/Sq.Ftr "` - MLS #ST3214195, co. rec's, vis _- -- - - - - $ 93.68/Sq.Ft~- MLS #ST3141135, co. rec's, vis _ - '~ 103.47/Sq.Ft. __ MLS #ST3211852, co. rec's, vis _ _ _-_ __ ADJUSTMENT ITEMS DESCRIPTION _ .-. DESCRIPTION +(-) $ Adjust. ~ __ DESCRIPTION ; +(-) $ Adjust. ------ DESCRIPTION a +(~-)~~AdjUSt: ~ Salesflr Financing VA j VA I VA Concessions $2,000' cc's _ $6,000 cc's ~ -750 -0- I -j Date of Sale /Time ; N/A -- -.r._.-...-.__-------- 06/26/2009 ! -----__._.___ _-~---.___.. ................._ 05/17!2000 I ___....---_...._._.._._..._........_._.:.......-----~------ 06/30/2000 -------___.....r___...-_..__~ Rights Appraised `Fee Simple ___ _ Fee Simple__._.__..f ..._._-.... .Fee Simple ...__•_~ _____ ____-_ Fee Simile -_-____------~ Location !Arbor Glen Devon Green ~ Stonehill Est's ~ ....._......._......._._. . _. _. . _ . .. ._..... _... St Georges Est's ....-............._......................... .--~------._.......___._._.._.....__..... __.........._..__._ ................_..................._.........r...._.._......__......._.............._._........._...... _8,580 Sq.Ft. __ Site .._._._.........__.._.....__....._._.................l..............................._....._.... 8,663 Sq~Ft__-_ .______.._...__.._... ..._...._.._...................... .... _ ... ..... .... ~. . . . $,884 Sq_Ft.---- ------- , 9,184 Sq_Ft_---.__~ -------- __ ------ Yew 'StreeUA ~.---- ~ StreeUAvg--__~.----_--_ StreeUAvg _---....,-___._-__ StreeUAvg_-__-»_...___..____-.- Design (Style) ;Frame 2 Story Frame 2 Story ____ __ _ Frame 2 Story ~____-- Frame 2 Story _ 1--- Quality of Construction~Average - __ _ r Average ! Average i Average -^ -- -- __ __ _ Age 9 yrs _--_ 5 yrs. ____-_ ~ ~ _ _ 4 Yrs. ~ ^ 2,500 _ Condition - !Average ~ .-_ ___ Avera e/Good ~ -5,000 . _..___-r_ Average I Avera e Above Grade ! Total ~Bdrms Baths ---~ Total Bdrmsi Baths -_~ _~.__-.._--- --- Total ;Bdrms~ Baths _ _._.......- __.____- --- e_-_-----~--- Total Bdrm ` Baths - ---_.._..------ r r Room Court ~ 7 i 3 2.5 ~ ~ 8 4 2.5 , _ -3,000 - i ~ 8 4 ~ 2.5 -3,000 ~ 7 3 2.5 I Gross Living Area ! 1,815 Sq.Ft. 1,856 Sq.Ft.~ -1,025 - 1,86___ 7~_„ -1,300 --- 1,584 Sq.Ft.~ +5,775 ~ Foundation ~ Full Basement Full Basement. ~ Full Basement ~ Full Basement i i _ ~ RedFBath ~ Fnlshed area No finish i +6,000 Rec +3,000 No finish +6,'000 _ - - --1---•--._-_ -___ _ Functional Utility ~: Average Avera e ~ _ -- ----• - Average_--_ Avera e _ Heating/Cooling P/CA HP/CA ~ HPICA ~ HP/CA ~ Energy Efficient hems ;Basic Basic. Basic j __ __ _______ _ Basic . - Gara e / C rt ~-'------ g arpo ; 2 car -att _ 2 car -att - ~-_-_-- _ 2 car -att' ! _ 2 car -att s --~~' Porch /Patio /Deck !Wrap Porch _ Sto i +4,000 Porch, Deck _ ~ Porch, Deck,Patio~ :: - _ Fireplace(s) ___~~1-FP--- ------- 1-FP..._ _-------- L ..__ __...... _ ___ 1 FP _ _ _ ' __ 1-FP ~ _. _ ..._.... Fence, Pool, etc. ~ Drive Additional Features~ ;Noe Drive ~ __ None Dnve; -Fence ~ -1,000 None I Drive None NetAdjustrneM(Total) ~, 'w;` _ ®+ ^- '$. 97 ^± ~- 1$ 3.050 : ®+ ^- $ 9.275 Adjusted Sale Price ~ ~ 0.5% Ne#; ' 1J%' ~ Nei = ~ of Comparables ~ ~~ ~ ,- ~ ` ' - ` 6mss 10.6%;$ 180,97 '~` GtIDSS: 5~'%!$ ' 171,850 ~ ~ `; ,~;;,'~ .. $ . '.~.. 173,175 Comments on the Sales Comparison Approach: See attached_addenda._..___.__.._._..---------__....._._....._..........____--__.__.._...._.---._..._ _.... Appraiser's lrtdicated Value by the Sales: Comparison Approach $ ' 175 000 Client: Kope & Assoaates <. ~ Client File No.: APP~aiser' File Na:~. ST,4F20090Ja - ~A [~~ Cop~yht0 2007 a W mode, inc. This form may be repraduccd umnodfled wYhout wdllempdmission, however, a la mode, inc. must be aclotowledge>fand~dl[ed. ~ , >> ?•=•'~Utv1Ef1.71• °. FormGPCSF LT-"TOTAL for Windows" appraisal software by a k'rmale, inc. -1-800-ALAMODE 1~T , RESIDENTIAL APPRAISAL SUMMARY REPORT RECONCILIATION Final Reconciliation of the Approaches to Value: Most weight .given to the Sales Com orison approach as it best reflects the attitudes of• biers and sellers in the market.. Cost approach _ is not developed as it•is a more effective valuation method with dwellings that are new or under ~nstruction__ Income approach not utilized due to a lack of rental data in this~redorninately..owner-occupied area that would render a_defensible GRM ana .is________- _ _. This appraisal is made ®"as is"; ^ subject to completion per plans and specifications on the basis of a Hypothetical Condition that the improvements have been completed; ^ subject to the following repairs or alterations on the basis of a Hypothetical Condition that the repairs or alterations have been completed; ^ subject to the following required inspection(s) based on the Extraordinary Assumption that the following condition or deficiency does not require alteration or repair: ~;This;repoM•ix idsa~ subjeotta• oti~ llypobretieafConthifarr:s:ar• f3ttraord6ta~c;Assmrrpdons• as specified elsewhere in this report. ATTACHMENTS A true and complete copy of this report contains _23 , pages, including all exhibits which are considered an integral part of the. •: report. This appraisal report may not be properly understood without reference to the intormation contained in the complete report. Attached Exhibits: ^ Scope of Work ^ Limiting Conditions ^ Certifications ®Narrative Addendum ® Photograph Addenda ®Sketch Addendum ®Map Addenda ^ Rood Addendum ^ Additional Sales ^ Cost Addendum ^ Manufactured House Addendum ^ Hypothetical Conditions ® Extraordinary Assumptions ^ ^ ^ OPINION OF VALUE This Opinion of Value may be subject to other Hypothetical Conditions and / or Extraordinary Assumptions, 'rf so indicated above. Based on the degree of inspection of the subject property as indicated below; the defined Scope of Work for this appraisal assignment; the attached Statement of Assumptions and Limiting Conditions; and the attached Appraiser's Certifications, my (our) Current Opinion of the.__Market_Value (or_,value range),. as _,defined'_elsewhere in this-.report, of_ the,,,,, real _pr~rty fhat_is the.,, subject of this report is: S 17~'t?00 ' , as of: - 3 '2, 2000 - _', , which is both the Inspection Date and the Effective Date of this appraisal. SIGNATUi~ES APPRAISER SUPERVISORY APPRAISER (if required}.. or CD-APPRAISER (if applicable)" . . Supervisory O<. . Appraiser Name: Daniel A. Phillips Co-Appraiser Name:. ,. Company: Phillips Appraisals LLC _ mPanY __-. _...-•--__-_-- Phone: j5~373-1131 ___~ Fax:. (54pZ373-1131: Phone, __ __••__ '~Fa~c-_ _^_. E-mail: dphi110r@_phiNipsaPPraisalsva:com ~ E-ma~la Date of Report (Signature): September 17: 2009..: _ . Date of Report (Signature):..: Licetrseca~st' 400'1tfl0~2` Stai>a1~~V/4t;= Lice~e'a~CertlBCatiorr.#k:, Sfale>:. Expiration Date of License or Certification: 11/30V2009 ,' Expiration Date of License.oR CerhTication: • Inspection of Sutrject ®Interior 8 Exterior ^ Exterior Only ^ None Inspection of SubjecC ^ Interior. &.lxteriar•,. ^; Fxted6r,Only,.•:, ^~ None-'; Date oflnspection: Ju~2 2000_--•---.._..__._----.__ -_------.__._ Date oflnspectlon: _...._......._-_._.._..--.---..._....----......_..__.._._--._---_.__...__...__._ Client: Kope & Associates Client File No.: - AppraiserFfi~Nas , 9TAF200909a?~. ~t~iSUlVIERSF ~~©2007 nr a la mode. erc. This torte maybe reaaduced unmodified wbirout written permission. ~goNever, a la modal irk. mnstbe adaawleJgedand cre~Ced: ~•. • '~' . Form GPCSF LT -"TOTAL for Windows" appraisal software by a ha mode, ino: -1-800-ALAINODE > - 1 Fil No. STAf200909a Pa a #10 Sunnlemental Addendum FilaNn Tai=~nn4n4a Borrower Client Charles W McCobb. Pro Address 103 Theresa Drive C' Stafford Co Stafford State VA r Code 22554 Lender Ko e & Assodates • GP Consumer Short Form • Sales Comparison proach -Comments on Sales Comparison Approach Sales data used herein are the best avai,l~ple through careful and extenswe research of MRIS MLS system and county deed transfer records. Sales used in the comparison grids are the closest to and most nearly comparable with subject with regard to comparison points such as location, dwelling age, above-grade dwelling size (GLA), and overall quality. All comparables researched were considered equally. Sale #2 adjusted for Financing concessions due to having seller-paid closing costs higher than the market typical 0-3% of sales price:' Adjustment amount equals the difference over 3%. Sale #3 nominally adjusted for dwelling age difference with subject. Sale #1 adjusted for condition of improvements as it had limited renovation and/or component updates prior to sale. All sales adjusted for physical differences such as number ofabove-grade bedrooms, dwelling sizes (GLA), basement finished areas, porches, and/or other exterior structures. Adjusted sales establish a reasonable'• value range. All sales are good indicators of value and are given nearly equal weight during final value determination. Akhough the comparables are just over 1 mile from subject, they are all located in comparable neighborhoods within.the.marketing,area: . of subject, i.e. in an area that market participants would consider equally if looking to purchase. PURPOSE, SCOPE & SYNOPSIS Note: This report utilizes a RETROSPECTIVE DATE (7/02/2000) and is being prepared using an EXTRAORDINARY ASSUMPTION. The Assumption states that the exterior and interior of the subject's improvements are estimated to be in at least Average condition as of 7/02/2000. If contradictory information is presented to the appraiser, the appraiser reserves the right to amend any portion of this report, including the Opinion of Value, if deemed necessary after analysis of the new information. All pictures used within this report are current photos (9/11/2009). MLS photos from 2000 of the sales used for comparison were researched and are available from the appraiser's assignment file. Pictures of the subject are not entirely representative of the improvements as of 7/02/2000 due to improvements having been rebuilt after fire damage that occurred in 2009. No major structural alterations were made, but many of the frame, exterior and interior components are new. The scope of work included research of local MLS (MRIS) databases, Stafford County deed transfer and assessment records and appraiser's files to report on economic conditions and neighborhood trends prior to and including 7/0212000, the effective date of the report. The scope of the appraisal basically provides for a thorough physical inspection of the subject property and its environs sufficient to gather all pertinent data to form a market value conclusion. The attributes of the subject property are compared to the most comparable data available including properties presently offered for sale, properties currently under contract.for. sale and sold properties where title has fully transferred (i.e. closed sales). An exterior inspection of the comparable sales is made. '.. Specifics regarding physical features of the comparable properties and the terms of sale are verified with parties to the -- transaction, public records of the jurisdiction and public reporting subscription services such as DATOR, MSI, REDI, LUSK and VARED. The subject and comparable properties are compared regarding the four major elements of comparison (i.e., location, '' date of sale, physical characteristics, improvements and conditions of sale); inducting all subelements. The necessary market extracted adjustments are then utilized to derive an indicated value by direct sales comparison. The cost and income approach ' are also considered depending on their applicability. After considering all three approaches to value, the appraiser follows a thoughtful and thorough reconciliation process to arrive at the market value estimate, as defined as of the effective dateof,the appraisal as stated in the report. The comments in this addendum are intended to expand on what the appraiser feels are the areas of most importance to the reader to fully understand the appraisal report and methodology. The expanded narrative allows the appraiser to provide additional comments where sufficient space is not available on the appraisal form. The market has been thoroughly searched and the sales reported are in the appraiser's opinion the best sales available that weiglti thefourmajor elements:of comparison. ~' , FLOOD HAZARD ZONES The~appraisrcha~parsortallSrexamiMdt#pe~mostct~4oodAta~d~ee~.ao~x~s(H~IFEMOf~arrdlof"beaFmunicipal::~ . . maps/documentsy~fdrttte'subj2cC vicinityr in order to estimate whether any portion of tha subject site is located' in a'spedal" , flood hazard area as defined by HUD/FEMA. Unless othervvise noted in the body of the report or the attached addendum, the subject property is considered by the appraiser to be in zone "C" or "X" which is not a ^special" flood area requiring flood ~' insurance. Flood maps are general in nature and the appraiser strongly suggests the examinatiorrofthe Current survey ofthe~' property. Current survey will usually denote more precise data relative to a specific site than the general flood maps provided by HUD/FEMA which oftentimes do not identify flood zones on individual parcels...Most jurisdictions~.will. provide flood zone information on thesurvey report including the denotation of any "spedal" flood hazardaines on the spedfic site.and`their } proximity to the improvements. CREATIVE FINANCING and/or SALES CONCESSIONS To the best knowledge of the appraiser, all comparable sales were sold with no special or creative financing or sales concessions. Closing costs paid by the.sellers of these comparable properties are. equivalent to typioal.finanaing terms offered ~• File No. STAF 00909a Pa #11 Sduaiemental Addendum FilaNn STAF9nn9nQa Borrower Cbent Charles W McCobb Pro Address 103 Theresa Drive Ci Stafford Co Stafford State VA Z Code 22554 Lender Ko e & Associates .1" , It was necessary for the appraiser to.~broaden the market search to obtain comparables with similar utility, style, effective age and sale dates reflective of current marketaconditions. Based on appraisal practice with emphasis placed on weighing the elements of comparison, the sales chosere represent the best indication of the subject's current market value. In the appraisers opinion, the sales chosen best weigh the elements of comparison and while the distance from the subject property is very important, various factors' within the elements of comparison require a wider market search than one mile. The sales chosen are considered to be the best available to satisfy mortgage underwriting requirements without sacrificing the integrity of standard appraisal practice established by the Appraisal Institute. PRICE PER LIVING AREA VARIES BY MORE THAN $10.00/SGl. FT. Iti is:noted3hrattlae price~persquaia~fodt~of liYingianea..~aries•b~-;mors than $10:00 when compared~~to.the subjecE:.Ttie pric~.p~:: ~ r , living area only considecs~~'factars; price and size of the living area. Other factors that also have a significant influence on market value (e.g. site value, amenities, functional utility), are not considered in this overly simplified (and,therefore sometimes misleading ratio.} The selected sales represent the best balance of the majorfour elements of comparison. The seledion.of comparables with a deviation of "+" or "-" of $10.00 per square foot would have required the use of inferior comparables which would have, in the appraisers opinion, reduced the reliability of the indicated value. SUBJECT HAS THREE BEDROOMS AND COMPARABLES HAVE FOUR OR MORE The subject has only three bedrooms above grade and some and/or all of the comparables have four or more bedrooms. Since a three bedroom configuration is common in the neighborhood, it is not considered adverse and no adjustment is required nor does it impact marketability. SKETCH The purpose of the sketch,shown with the appraisal is to illustrate the functional utility of the dwelling floor plan and is not to be considered an accurate rendering of room sizes, shapes, or characteristics. PERSONAL PROPERTY No item(s) of personal property was/were included in the description orvaluatiorr of this reap estate. File No. AF2 Pa #12 Siubplemental Addendum FileNa STAF200909a Borrower CUent Charles W McCobb Pro Address 103 Theresa Drive Ci Stafford Coun Stafford State VA L Code 22554 Lender Ko e & Assoaates Because no detailed inspection was.made;:and because such knowledge goes beyond the scope of this appraisal, any observed condition or other comments given in this appraisal report should not be taken as a guarantee that a problem does not exist. Specifically, no guarantee is made as to the adequacy or condition of the foundation, roof, exterior walls, interior walls, floors, heating systems, air conditioning system, plumbing, appliances, electrical service, insulation, well/septic system, fire retardant plywood, or any other detailed construction matters or components. In addition, the appraiser is not qualified nor required to determine the existence of molds or contaminents in the property, and assumes no responsibility for there existence therein. During the course of the inspection the appraiser may have been asked to activate, test, and observe specific functions or conditions. Any acknowledgement orfindings are applicable only at the time of the specific inspection and the appraiser •-° makes no guarantee of the continued condition or use of any components of the property. All conditions and/or functions specified on none complete properties are assumed to meet those standards typically associated with a new home; arxtrthez ~, • appraiser makes no guarantee of there actual function or condition upon completion. If any interested party is concerned abauZ,•, ttae'existence~eondition,..oradequacy~"ot!~any:parpc;ula~'item, we;wouki•strorglysuggestthat aconstruction expert, home:.:: inspector, service technician, and/or contractor be Hired for a detailed investigation. This appraisal is no substitute for a home inspection, or for a buyer watk-thru inspection. Information on subject and comparable sales data which was used in this report was provided by financial institutions, government agencies, sales agents, real estate firms and tax records which were available at the time of inspection. As tax records are on periodically updated and sometimes incomplete, it is necessary to supplement some sales data with real estate firms and their information services and also to have field estimates of square footage. This information is assumed to be true, correct, and reliable. No responsibility for the accuracy of such information is assumed by the appraiser. Opinions and estimates expressed herein represent our best judgement but should not be construed as advice or recommendation to act. Any actions taken by you, the client, or any others should be based upon your own judgement, and the decision process should consider many factors other than just the value estimated and information given in this report. The appraiser should be contacted with any questions before this report is relied upon for decision making. This appraisal is an estimate of value based on an analysis of information known to us at the time the appraisal was completed. We do not assume any responsibility for incorrect analysis because of incorrect or incomplete information that was provided to the appraiser. If new data or documentation is provided to the appraiser, the value in this report is subject to change based on the significance of this new data. The exterior dimensions and gross living areas of fhe-subject~and the comparables reported throughout this report are often' estimated due to the existence of various items that may impede direct measurement of exterior walls. Furthermore, the measurements of upper levels are estimated from the ground level and may not be accurate. The direct measurement of the comparables is often difficult due to the objections of homeowners..: if direct measurementwas not possible the appraiser.. based the estimate of gross living area on the square footage of a similar model kycated in the same neighborhood. If any , dimensions were estimated on comparables, the letter ~e" is to be included after the estimate. Information regarding the neighborhood trends such as growth rate, property values, and demand/supply and:rnarketing time is based on research from the previous 6-12 months. The data presented in this report is not to be construed. as a prediction;; but rather a reflection of the current market conditions as of the~effective date of•this appraisal:' ENVIRONMENTAL DISCLAIMER The appraiser has not been informed, nor has the appraiser any. knowledge of the existence of any environmental or: health. impediment, which if known, could have a negative impact on the market value of the subject property.. The valuation contained. ~ ` •• ." herein is not valid if any hazardous items are found in the subject property and .not stated.within the appraisal report, indudir~.. -' •. • but not limited to: Ureformaldehyde Foam Insulation,rRadon;:Gas~Asbestos•Products. lead t3ased~ i?roducts, To~xic.Wast~ Contaminates. File N . STAf2 909a Pa a #1 " Subject Photo Page Client Ko e 8 Assoaates Pro Address 103 Theresa Drive C' Stafford Cou Stafford State VA D Code 22554 Owner Charles W McCobb Subject Front 103 Theresa Drive Sales Price N!A Gross Living Area 1,815 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 2.5 Location Arbor Glen Vew Street/Avg Site 8,580 Sq.Ft. Quality Average Age 9 yrs Subject Rear SubjectStreet Pone LPICPIX.DSS_LTR - "TOTAL for Windows" appraisal software by a b node, inc. -1-800-ALAMDDE °: . File No. T~tF20 Pa a X14 Comparable 1 36 Tanterra Drive Prox to Subject 1.83 miles Sale Price 180,000 Gross Living Area 1,856 Total Rooms 8 Total Bedrooms 4 Total Bathrooms 2.5 Location Devon Green Yew Street/Avg Site 8,663 Sq.Ft. Duality Average ~•~; Age. 5 yrs. Comparable 2 57 Dorothy Lane Prox. to Subject 1.83 miles Sale Price 174,900 Gross Living Area 1,867 Totai Rooms 8 Total Bedrooms 4 Total Bathrooms 2.5 Location Stonehill Est's Vew Street/Avg Site 8,884 Sq.Ft. lluality Average Age 7 yrs Comparabfe~ 3~~ 3 St. Christophers Drive Prcor. t0 Sroject~',, t.85 miles' ' .. - Sale Price 163,900 Gross Living Area. . 1,584 Total Rooms . T TotatBedrooms. 3 Tataf Bathrooms : , .25 . , ' . ' Location St Gaorgr3s~P_sl's~" .,' . , Ynew ;. Stn3et/Avg Sid •. •9,184;S4Ft`,:,, .,. , ' . flva6lyt?` Average,•.. Age ~ 4 Yrs. Form LPICPDCDS%_LTR -'TOTAL for Windows' appraisal software by a ~ mode:ma{-1~Ai:AMODE~ ~Cdfajparabl~e Photo Page Location Map ~x4 fw/..fsiI11.LWJYJO: ~ pyp 11'!J • . Borrower/CIieM Charles W McCobb Property Address 103 Theresa Drive City Stafford Courtly Stafford State VA Lp Code 22554 Lender K e 8 Associates Mp091601.PNG 'a.; i ,~ _ sY~werMCt~ul1 ~~ ~ , ° y Oustbo UiJ[sd Aatet RMife Ceryl, R~sw~rim ~a ~: .asf~~ .. ~,Rw~~ ~, ~ ~ ~ ~ ^~;, a, ~ ~ ~ `` t. ~ . Rte- s ~",; ~~ /~ ~ ~ D ~ ~ E ~f • +YJ _~' ~ ~° ~~~k~ shy, f ~~' e „~ k[ ~ ! y ,~ ~ _ dt, ``° ~' fit!'" _R g f A I i 1) ~ ., ~ M / h fy. $+~x Ala p t i j~Vk~F.' r1Y {;~rss l-.wh "5 4 ..+,~c.>a..~ .pKrCfl~ ,~,.~ i~y~~4;Q >F R ~.f t - ~ritL ~ 3 ~ c: ~ £ ,c .. ~ ~. j r ~ f=xx:x ~~ ~ ~ ~. ,: a . _ .,. ^~ ~ U ,: ,: , a ~r .~,,,,.w ;~ : .w. w ~, y:. $~ F . Cs FF,,,,~~ ~~ppagg r ~~ ~p. ~~' Ay'p4~ rte, k ''.,~.,: ,t ~ ; ~, .Y ruhV " ~j~x tY J ~ f_. aN f/ Yf~~' 020091fwwD~t 1100%NItRQ.~1 M~ICi;Ye. {:. Form MAPIOC -'TOTAL fa Windows' appraisal software lry a b mode, Inc. -1-80D-ALAMODE Building Sketch (Page - 1} 9orrowedcmenl cnailes w nn~cohb Property Address 103 Theresa Drive City Stafford County Stafford State VA Lp Code 22554 Leber Ko e 8 Associates Basement (Unfinished) `~ (Unfinished) ~ Full Bath :r ~+ 1l' 9' Recreation room in , ~ r._._...... ~~,;: ~ i ~o First Floor ~ ~, ..~ t ~ ~ Deck t b 11.5' i •" 26' 10.5' -y ~- 13' _ 26' ;~ Second Floor :~ M swwa M/.c.~." Carnnbnts: Full Bath Bedroom FuII Bath Bedroom Bedroom 26' rrv Dining Kitchen .+ Family Room f--- 2 ~, 10' c ~ 11.5' ~+ I u' Half ri '^. I ~ Living Room Bath ~ 2 tar ~ N ; Garage ..; Foyer `~ I Porth 25.5' in 1 30.5' 21.5' AF~F.&. CALCULATIONS SkJMN1ARY coos ~v 'ew'+ `~<~ r+.estn. - LIVING :4R~JbiBftF~SQ N.tTmis _ 'g..~'eowR -- d1AlEi"~. '- . : aub~or,~ , - Gr.7R Flzst Fioaz 1009.9 1009.3 - MrsG Tl.ooz. - Gri12 S~oond rioor 806.0 .806.0- 25.5 .s '.•'16.5 ~ ~ a1a_8 t. SSIR Bu~at 965.5. 965.5 39:0. - z `- . :12.5. " ~8?.5 ~.: ` Gi15t Garagk.; 462.3- .. .~ ~62:3~ ~ 2,0'~r'~ 37.'0'-. 7{':O . P/P Poreh" 25.0 0:5 z 2.0 x 2.0 2.0 Derek 152:0 397.0 11:5 x 2.0 '23.0 as = 2.A.:.. s.o-. 2.0~. Sfeoad': Moor ~.: .. _ 't.• Net LIVABL1=Area (rounded) 1815 ~. ' T,IEemsl(.° ,. (rotntdlidj ~ 18T5~`C . . Form SItT.8ldSkl -?OTAL for ylhndaws' appraisal software by a la mode, inc. -1-800-ALMiIODE r ``r it N . TAF P #17 Fo~n SC~+--'7pT~IL for Windows' appraisal sofiware~6ya fa mode,pIC. -1-800-ALAMODE ..,..~.,..._...,.......... ,.a,; m.,,,... WILMINGTON, DELAWARE Administrative lKTicn -100 Summa Str~xt, [iosron, Massadnuetts 02l l0 Certificate Number: F067038465 This Certificate foams a part of Master Policy Number: 010007997 Renewal of Master Policy Number : 5130708 YOUR RISK PURCHASING GROUP MASTER POLICY IS A CLAIMS MADE POLICY. READ THE ATTACHE MASTER POLICY CAREFULLY THE AMERICAN ACADEMY OF STATE CERTIFIED APPRAISERS CERTIFICATE DECLARATIONS 1: Name and Address of Certificate Holder. PRillipa Appraisals, LLC and Daniel Phillips 2 Musket Court Fredericksburg VA 22405 2. Certifreate Period: Effective Date: 01/21/09 to Expiration Data: 01/21/10 1201 a.m. Local Time a1 the Address of the Insured. 2a. Retroactive Date: 01!21104 12:01 a.m. Local Tone at fhe Address of the Insured. 3. Limit of Liability: $ 1,000,000 each claim $ 1,000,000 aggregate limit 4. Deductible: S 2,500 each claim 5. Professional Covered Services insured by this policy are: REAL ESTATE APPRAISAL SERVICES B. Advance Certificate Holder Premium: ; 639 7. Minimum Famed Premium: 25°A or : 160 Forms and Endorsements: PRG 315010/D5 Real Estate Appraisers Professionat Liability Dedaratlons; PRG 3149 10105 Reai Estate Appraisers Professional Liability Folm, MPL022 12/02 Fungus Mold Exclusion. LX 9346 09/99 Employment-Related Practices Exdusion, 8122711/02 Terraism Exclusion, AASCARPGNS D8/03 Non Stacking Endorsement, PRG 3151 10/05 Disciplinary Proceedings Extension Endorsement Agency Name and Address: INTERCORP,.INC. 1438-F West Main Street Ephrata, PA 17522.1345 IT tS HEREBY UNDERSTOOD AND AGREED THAT THE CERTIFICATE HOLDER AGREES TO Atl TERMS-14NRGONDtTIOIiSAS SET FORTH IN THE ATTACHED MASTER POLICY. THIS POLICY IS ISSUED BY YOUR RISK PURCHASING GROUP. YOUR. RISK PURCHASING GROUP MAY NOT BE SUBJECT TO ALL OF THE INSURANCE LAVYS AND REGULATIONS OF YOUR`STATE: STATE INSURANCE INSOLVENCY GCIAfiANTY FUNDS ': ARE NOT AVAILABLE FOR YOUR RISK PURCHASING GROUP: ~~ Authoraed Representative OR - CotuHersignatlue (in states wt-ere applicable}, ~. Date: January 23,.. 20D9. Form SCA-'TOTAL fa Wndows' appraisal software by a la node, inc. -1-800-ALM~ODE Triangle Group Appraisals SUMMARY REPORT NNYNFARM RESIDENTIAL APPRAISAL REPART r«rus_ T~r>go2s7 Address 103 THERESA DR Ci STAFFORD State VA L Code 22554-7901 L I ri lion ARBOR GLEN LOT 46 Cou STAFFORD As s is cel . 19J-46 Tax Year 2009 R.E. Taxes 2649 S rile included 8omoww CHARLES W MCCOBB Cun'wd Owner CHARLES W MCCOBB Occu ant Owner Te Vacant Pro d a raised Fee Si M Leasehold Pro' T PUD Condomirrium U A HOA 260.00 or Pro' Name ARBOR GLEN Ma R erwlce PG:6349-F-7 ensue Tract 0102.04 Sale Price mkt value bate of Sale N/A n nt of I sd N/A Nerd KOPE & ASSOCIATES Address 395 ST JOHNS RD SUITE 101 CAMP HILL PA 17011 lees DO NALD FRYE Address 35 NORFOLK ST FREDERIC KSBURG VA 22406 Locadan Built up ^ Growth rate ^ Property values ^ Urban Suburban Rural Ovw 75% ®25-75% ^ Undw 25% Rapid ®Stable ^ Slow Increasirq ®Stable ^ Declirtirlg PredomkaM ccc~ncY ®Owner 90 ®Tenard 10 mr g(pg0) ors) 100 Low NEW 800+ Hi h 50+ Present land use % One fandty 70 2.4 fatuity 0 MuPo-famiy 10 Ladd use change ®Not Nke1y ^ Ukety ^ In process To: IN MASTER LAND Dernarxl/supPN ^ SIa~9e ^ b babnce ®~w ~PPty ®VacaM (0.5%) '' Predominant ~~ Commercial 5 USE-GENEFtAL Marketl Nme mlw 3 nos. 3-6 mos. Ovw 6 nos. Vac. r 250 10 15 RES/COMMERCIAL MIX Mob: Rasa and the racial eompostttan of the aslyhborfwod ors not apprahal factors. Ndghbarhood boundaries and charectwisttcs: BORDERED BY QUANTICO MARINE BASE TO THE NORTH I-95 TO THE EAST POTOMAC CREEK TO THE SOUTH AND ROUTES 616 AND 644 TO THE WEST. Factors that affect the nlarkehabiliry of the propwfias in the ndghborhood (pro>drtlily to employmend and an~rlitles, employment stability, appeal to market, etc.): SUBJECT NEIGHBORHOOD CONSIST OF DETACHED SINGLE FAMILY DWELLINGS OF VARIOUS DESIGNS APPEAL AND PRICING. ESSENTIAL SERVICES ARE LOCATED IN THE STAFFORD AREA MAJOR THOROUGH FARES AND PUBLIC TRANSPORTATION ARE WITHIN 5 MILES FOR COMMUTING. NO ADVERSE CONDITIONS WERE NOTED. Markel conditlons in the subject ndghborhaod (ncluding support for the above conclusions rebted to the trend of property values, demandlsllpply, and marketing time - such as data on campeNlMe propertles to sale in the ndghtarhood, description of the prevalence of sales and financing concessions, etc.): THE CURRENT SALES MARKET IN THE AREA IS PROVIDING FOR DECLINING HOME VALUES. TYPICAL FINANCING FOR THE AREA IS CONVENTIONAL FH V AND A LIMITED NUMBER OF OWNER HELD FINANCING. SELLERS TYPICALLY PAY 0-4 POINTS IN CONCESSIONS. Project kdomledonforPUDe (ff applicable) • • Is the devdoper/bdkler in cordrol of the Home Owners' ASSOCIatbn (HOA)? Yes No Approimate total number of units in the subject project N/A Approximate total number of units fa sale in the subject project N/A Describe common elerrlerlts and recreational fadlitles: NIA Dimensiorb tat was rat available from owner or online T opography GENTLY ROLLING Site area 8581 SO FT Comer Lot ^ Yes ®No Specific zoning classttication and description R1 ZOnirlg compliance ®Legd ^ Legal rgnconfornNng (Grandfathwed use) ^ Illegal ^ Na zoning I M us u pain Size TYPICAL FOR AREA Shape IRREGULAR Drainage APPEiARS ADEQUATE View NEIGHBORHOOD Ut'lidea Public Otllw gecMciry ® Gas ^ N/A Vfatw ® Saldtary seww ® Storm sewer Off-ale knprovemerds Type Public Private Street ASPHALT ® ^ Curb/guttw CONCRETE ® ^ SidewaNr CONCRETE ® ^ Stred lights N/A ^ ^ N/A Lar~scaping TYPICAL FOR NEIGHBORHD. Driveway Surface CONCRETE Apparwd easements TYPICAL UTILITY FEMA Specid Flood Hazard Area ^ Yes No FEMA Zane X Map Date 2/4/2005 FEMA M No. 5101540129E Cortatlerlts (apparent adverse easements, encroachments, special assessments, sNde areas, illegal or legal rancordomdng zoning use, etc.): THE SITE SIZE SHAPE AND TOPOGRAPHY ARE TYPICAL OF MANY IN THE NEIGHBORHOOD. THERE WERE NO APPARENT ADVERSE EASEMENTS ASSESSMENTS OR ENCROACHMENTS NOT ED. GENERAL DESCRIPTION No. of Untts 1 EXTERIOR DESCRIPTION Foundatlon MASONRY FOUNDATION Slab NIA BASEMEWT Area Sq. Ft 1 012 INSULATION Roof ^ No. of Stories 2+BSMT Exterior Walls FRAME/ Crawl Space N/A % Flnished 75 Cddng ASSM Type (DetJAtt.) DETACHED Roof Surface SHINGLE Basement FULL CdNng DRYWALL Walls ASSM Design (Style) COLONIAL Gutters & Dwnspts. ALUMINUM Sump Pump YES Walls DRYWALL Fbor ASM FJdstirlglProposed EXISTING Window Type VINYL TILT Dampness NONE NOTED Fbor CARPET None Age (Yrs.) 19 StomdSaeens YES/YES Settlerrlent NONE N OTED Outside Entry NO Unkrawn E(fecttve A rs. 9.1 0 Marnda ed House NO IrdestaN cane not ed ROOMS Livi Oini Kitctlen Den Fami Rm. Rec. Rm. Bedrooms # Batlu Laund Ot hw Area . Ft Basement 1 012 L 1 X 1 1 1 1 .5 X NOOK 1070 Level2 3 2 832 RNshed are a above rod e cordains: 8 Rooms 3 Bedroom s ~ 2.5 Bath s ~ 1902 are Feet of Gross LM Area INTERIOR MatwialslCondttion IROOrs HW CPT VIN/AV-N HEATING Type HP gTCHEN EQUIP. Rdrigereta © ATRC None ^ AMENITIES Flreplace(s) # 1 ® CAR STORAGE: None ^ Walls DRYWALL/AVG Fud ELEC RangeJOven ® Stairs ^ Patio ^ Garage # of cars TrirtVFldsh PAINTED WD/AVG CoMiNon NEW Disposal ® Drop Stair ^ Deck WOOD ® Attached 2 CAR Bath Fbor VINYUAVG Bath Wainscot FBGLS/AVG COOLING Cerdral CAC Dishwashw ® FarVHood ^ Scuttle ® Fbor ^ Pach WRAP ® Fence ^ Detached Built-In Doors PNL HLLW/AVG Otllw N/A Microwave ® Heated ^ Pool ^ Carpat Condidan NEW Washes r P Flrlished SEC SYS Dmrewa 2 CAR AdditlOnal teatufes (specal energy efficient items, etc.): INSULATION FACTORS HAVE NOT BEEN VISUALLY VERIFIED. THE SUBJECTS ROOF/CEILING AND WALL INSULATION APPEARS ADEQUATE FOR THE MARKETS ANTICIPATION. Condition of the improvwnerds, depreciation (physical, functtonal, and ademaq, repairs needed, quaNry of caxtructlon, remodding/addttlans, etc.: THE SUBJECT IS ADEQUATELY MAINTAINED AND NO FUNCTIONAL EXTERNAL ECONOMIC OR NEGATI PHYSICAL INADEQUACIES WERE NOTED. MARKET APPEAL IS ENHANCED BYA HARDWOOD FLOORING IN THE FOYER REMO LED BASEMENT NEW ROOF NEW CARPET NEW A!C AND HEATING UNITY AND FRENCH DOORS. Advwse ernironmerdal conditlans (such as, but riot Nmited ta, hazardous wastes, toxic substances, etc.) present in the inprovements, on the site, a In the Immediate vlCldry of the subject property.: THE APPRAISER IS NOT AWARE OF ANY ADVERSE ENVIRONMENTAL CONDrnONS IN THE IMMEDIATE AREA. SEE ADDENDUM FOR FURTHER F~(PLANATION. Freddie Mac Form 70 693 PAGE 1 OF 2 Fannie Mae Form 1004 6193 Form UA2 -'WinTOTAL' appraisal software by a b mode, inc. -1-800-ALAMODE SUMMARY REPORT IINIPARM RESI~ENTIA~ sPPRA1SAL REPORT cd.Nrl T~oso2s7 ----- --- ESTIMATED SREVALUE .............................................. = S 120 000 ESTIMATED REPRODUCTION COST-NEW-0F IMPROVEMENTS: DwelMng 1,902 Sq. Ft. Q$ 80.00 = E 152,160 Ft Q$ 36.00 = 36,432 1 012 Sq Comments on Cost Approach (such a, source of cost estimate, site value, square foot cakulatlon and for HUD, VA and FmHA, the estlmated remaining economic Lfe of the property): COST FIGURES DERIVED FROM ONE OR MORE OF THE FOLLOWING SOURCES: . PORCH DECK FENCE SEC SYS - 10.000 MARSHALL AND SWIFT RESIDENTIAL COST MANUAL• R Q$ 28.00 = 13,552 GarageJCarport 484 Sq DISCUSSIONS WITH LOCAL BUILDERS OR REVIEWING . _ $ 212.144 Tonal Estimated Cost New ACTUAL COST FIGURES. SITE VALUE DERIVED FROM ............................. Less Physical Functional External RECENT CLOSED SALES OF SIMILAR PROPERTIES. Depreciatlon 31,822 ~ _$ 31622 .............. _$ 180 322 . Depreciated Value of Improvernerds . ................. ........... _$ 72 500 . •As-is' Value of Stte Improvemerds ...................... . p~ICATED VALUE BY COST APPROACH ............................ = 312,822 ITEM SUBJECT COMPARABLEN0.1 COMPARABLE N0.2 COMPARABLEN0.3 103 THERESA DR Add STAFFORD 14 BURNING CT STAFFORD 8 LAKESIDE DR STAFFORD 11 REGENCY DR STAFFORD Sub' 0.96 miles SE 0.81 miles E 0.86 miles NE Sa Price mkt valve ' ' 364 000 : ~ - 275,000 ' 265 000 Pdc Gross LM Area 181.27 ~ 174.49 ~ 158.49 ~ Oats andla VeriRcatlon Source INSPECTION CTY RECDS. MLS#S77087059 COUNTY RECORDS MLS#S17163941 COUNTY RECORDS MLS#ST6788383 COUNTY RECORDS VALUE ADJUSTMENTS OESCRIPTION DESCRIPTION + - Ad' st DESCRIPTION ; + - S Ad' st DESCRIPTION + - S Ad' t Saks a Frcarlcing seals '+ CON. FINANCE .00 VA. FINANCE 250.00 NO ADJ VA. FINANCE 000.00 NO ADJ of Ime 09/16!2009 10/20/2009 10!06/2009 La:adan AVG-GOOD AVG-GOOD AVG-GOOD AVG-GOOD eho Si k FEE SIMPLE FEE SIMPLE FEE SIMPLE FEE SIMPLE Site 8581 Sa FT 11 822 SQ FT NO ADJ 6 695 SO FT NO ADJ 6 695 SQ FT NO ADJ NEIGHBORHD NEIGHBORHD NEIGHBORHD NEIGHBORHD i n A al COLONIAL COLONIAL COLONIAL COLONIAL of ConslNCtlan FRAMFJAVG PT.BRK/AVG -10 000 FRAME/AVG PT.BRK/AVG -5 000 e 19 11 -2 000 11 -2 000 16 NO ADJ a iti n AVG-GOOD AVG-GOOD AVG-GOOD AVG-GOOD Above Grade Total ~ Bdnns~ 8atlts Total ~Bdrms ~ Batlu ~ Total ~Bdmis ~ Batlis ~ Total ~Bd ~ Batlls Roan Courd 8 3 2.5 8 3 2.5 7 3 2.5 7 3 2.5 Gr s ivl Area 1 902 S . Ft. 2 008 S . Ft ~ -3 500 1 576 . FL ~ +11 500 1 672 . Ft ~ +8 000 Basertlent 8 Rnistled R Below Grade FULL RR DN BA FULL RR BA +1 500 FULL REC. ROOM +4 500 FULL RR 2DN +1 500 PorlctlonallJtll' AVERAGE AVERAGE AVERAGE AVERAGE C B HP/CAC FWAICAC NO ADJ FWA/CAC NO ADJ F'WAICAC NO ADJ ftlcient Ikrn AVERAGE AVERAGE AVERAGE AVERAGE Ga Ca rt 2 CAR GRG 2 CAR GRG 2 CAR GRG 1 CAR GRG +4 000 Poch, Patlo, Deck R laces etc. WR.POR,DK 1 FIREPLACE DECK,PATIO +6,500 1 FIREPLACE DECK +7,500 0 FIREPLACE +3 000 DECK +7,500 1 FIREPLACE e Pool etc. SEC.SYS SPRNK NO ADJ NONE +1 NONE +1 000 DAYS ON MARKET N/A DOM 56 DOM 6 DOM 437 Ad', + -7 500 + I-I - : 25 500 + - 17 000 . Adjusted Saks Price of Co bee "iiel 21 4~ ` 6r09s 65 ~ 356 500 _ 9.3 '!ti . G~ TU.; 46 300 500 NM "fiiR ~ ~ 103 % 282 000 Commetrts an Sala Comparison (Including the subject property's conpaUbiliry to the neighbortaal, etc.): SEE ATTACHED ADDENDA AND CERTIFICATION STATEMENTS. DUE TO THE LACK OF RECENT SIMILAR SALES WITHIN THE SUBJECTS SUBDIVISION A BROADER SEARCH WAS NECESSARY WITH EMPHASIS PLACED ON DESIGN G AND BEDROOM COUNT. THE QUALITY ADJUSTMENTS ARE DUE TO THE FULL AND PARTIAL BRICK FRONTS OF COMPARABLES #1 AND 3 RESPECTIVELY. GREATER EMPHASIS WAS GNEN TO COMPARABLJ3S #1 2 AND 3 ALL BEING SETTLED SALES. ITEM SUBJECT COMPARABLE N0.1 COMPARABLE N0.2 COMPARABLE N0.3 pay, Price and Data 06!19/2000 11/01/1998 04!1612001 02/01/1996 Source, for prta sales $175,000 $202,540 $180,000 $0 witllin ear of a sisal COUNTY RECDS COUNTY RECORDS/MRIS COUNTY RECORDSlMRIS COUNTY RECORDS/MRIS Aretysis of arty current agreemerd of sale, option, or listing of subject property and anaysis of any prior sales of subject and comparables witldn one yar of the date of appraisal: ALL PREVIOUS SALES HAVE BEEN NOTED ABOVE WITHIN THE PAST 3 YEARS THAT WERE RETRIEVABLE THROUGH'MRIS' COUNTY DATABASE. COMP. SALES WITHIN THE PAST 12 MONTHS HAVE RECEIVED THE SAME DILIGENCE. 91DICATED YALUE BY SALES C~ARISW!APPROACH .................................. ................................................................ $ 300 000 INDICATED VALUE BY INCOME APPROACH rf A icabk Estimated Market Rerd $ N/A . x Gros ReM Multl filer N/A = $ N/A TMs appraisal is made 'as is' subject to the repairs, atlaatlons, inspections a cdnditlons listed below subject to completlon per pearls & speciflcetlons. Conditions of Appraisal: Rnai Fkconciliation: THE INCOME APPROACH HAS NOT BEEN DEVELOPED DUE TO NOT PRODUCING MEANINGFUL RESULTS. THE COST APPROACH IS CONSIDERED GOOD SUPPORT OF THE APPRAISED VALUE HOWEVER MAJOR EMPHASIS WAS PLACED ON THE SALES COMPARISON APPROACH. THE BELOW SIGNATURE IS A SECURED DIGITAL SIGNATURE. The purpose of this appraisal is to estimate the market vakre of Ule real property that is the subject of this report, based on the above candidons and the certification, coMirtgent and Smiting conditions, and market vaWe definition that are stated in the attached Freddie Mac Form 439/FNMA form 10048 (Revised 6/93 ). I (WE) ESTWATE THE MARKET VALUE, AS DEEMED, OF THE REAL PROPERTY THAT LS THE SUBJECT OF THIS REPORT, AS OF 11 /11!2009 (WNICN S THE DA OF INSPECTpN AtW E EFFECTNE DATE OF THIS REPORT) TO BE $ 300,000 APPRAISER: SUPERVISORY APPRAISER (ONLY ~ REOUBtED): i nature Sienature ^ Did ^ Did Not Name D NALD FRYE Name Inspect Roperly Date Report Sinned November 12, 2009 Date R Si ned State Certification # State fate Certlficatlon # fate Ot State License # 4001-008969 State VA Or State License # State Freddie Mac Form 70 fV93 PAGE 2 OF 2 Fannie Mae Form 1004 5.93 Form UA2 -'WinTOTAL' appraisal software by a la made, inc. -1-B00-ALAMODE DEFINITION OF MARKET VALUE: The most probable price which a property should brtng in a competitive and open market under all condition requisite to a fair saki, the buyer and sdbr, each acting prudently, knowledgeaby and assuming Ute price is rtot affected by undue stimulus. Imptich in this deflrMtion is the consummation of a sob as of a specgied date anti the passing of title from seller to buyer under conditions whereby: (t) buyer and seller are tygcatiy motivated; (2) bath parties are well informed or weti advised, and each acting in what he considers his own best interest; (3) a reasonable time is albwed for exposurs in the open market; (4) payment is made in terms of cash in U.S. dotiars a in terms of financial arrargemerds comparable thereto; and (5) Ute price represents the normal conideratlan for the property sold unattested by special or creative flrencing or sales concession* granted by anyone assot9ated with Ute sob. * Adjustments to the comparsbbs must be made for special or creative firer~ing or sales concessions. No adjustmerds are necessary far those costs wfdch are rtormaly paid try seYers as a result of tradition or mw in a marled area; these costs are readiy iderdiflabb since the seller pays these costs in virlualy all sales transactions. Special or creative financing adjustrtertts can be made to the comparable property by comparisons to financing terms offered by a third party inllMionl lender that is not akeady Involved in the property ar tranactian. Arty adjustment should not be cebubted an a mecharvcal dolor for dotiar cost of Vie fkancing ar concessbn but file tidier amount of arty adjustment should appro>dmath tits market's rracVan to the financing or concessions based on Ute appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification Utat appears in the appraisal report is subject m Ute folbvdng condition: 1. The appraiser wig not be responsible for maVers of a legal nature that affect tither Vie property bring appraised or the titre to ft. The appraiser assrartes that the titre is good and marketable and, therdore, witi not render arty opinions about the title. The property is appraised on Ute basis of it bring under responsibb ownership. 2. The appraiser has provided a sketch in the appraisal report to show appro>am>ate dimension of the improvements and the skdch is included only to assist tits reader of Vie report in visual¢ing the property and understanding the appraiser's deerminaton of its size. 3. The appraiser has examined the avaibbb flood maps Viet are provided by the federal Emergency Mangement Agency (or attxx data sources) and has noted in the appraisal report whetlter the subject site is boated in an iderttlfied Special Food Hazard Area. Because the appraiser is not a surveyor, he or she makes rto guaranies, express or Implied, regading 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 specVic arrangem~ to do so have been made bdorehartd. 5. The appraiser has estimated the value of tits land in tine cost approach at its highest and best use and the improvements at Uteir comributay value. These separate valuatlon of Vie land and improvemers must not be used in conjurtctlon with arty aVter apprsisal and are irnald V Utey are sa used. 6. The appraiser has noted in tine appraisal report arty adverse condition (such as, needed repairs, depreciation, the presence of hazaMOUS wastes, to>ac substances, dc.) observed during tine inpectlon of tine subject property or that he or she became aware of during tine normal research irneNed in performing the appraisal. Unless otherwise stated in Ute appraisal report, the appraiser has no knowledge d arty ledden ar unapparerd condition of the property or adverse emriratmenfal condition (inckuding Ute presence of hazardous wastes, toxic substances, dc.) that would make the property more or less vakrabb, and has assumed that there a2 ro such condition and stakes rto guarantees or waranVes, express or implied, regarding the condmon of the property. The appraiser wit not be responsible for arty such condPoon that do etdst or for arty engineering or testlrg that might be required to discover whether such condition edst. Because the appraiser is rat an expert in Ute field of ernironrtcerrtal hazards, the appraisal report must rat be conidered as an environnterdd assessrrertt of the property. 7. The appraiser obtained the information, estimates, and opinbn that were expressed in the appraisal report from sources Utat he ar she coniders to tie reliabb and believes them to be tale and cored. The appraiser does trot asstvne responsibilty fa the accuracy of such items that were furnished by otiter partles. 8. The appraiser will not disclose the cortients of the appraisal report except as provided for in the Urtifonn Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion far an appraisal that is subject to satisfactory compbtbn, repairs, or aroerations on the assumption that completion of the improvements will be pertormed in a workmanlike manner. 10. The appraiser must provide his or her prior wriVed consent before the lender/ctlent specfied in the appraisal report can distribute the appraisal report (including concbsbn about the property value, Ute appraiser's identity and professiorel designVon, and rderences to arty professional appraisal organ¢ation a tits firm with which the appraiser is associated) to anyore other than the borrower, the mortgagee or its successors and assign; the morgage Insurer, cenultanls; professional appraisal orgarizatiore; arty state or federdy approved financial instiluVon; a arty departmerR, agency, a instrumentality of tits United States ar any state or the DisMct of Caltxnbia; except that the lender/cperrt may distribute the property descriptor section of the report oMy to data copection or reporting servbe(s) wiVtout having to obtain the appraiser's prior wriVen sorest. The appraiser's written conem and approval must also be stained odors the appraisal can be corneyed by artyane to the public titraugh advertising, public relation, news, sales, or other media. Freddie Mac Porn 4396-93 Page 1 of 2 Fannie Mae Fore 10048 E93 Triangle Group Appraisals Form ACR -'WIn70TAL' appraisal software by a la mode, Inc. -1-800-ALAMODE APPRAISER'S CERTIFICATION: The Appraiser certlties and agrees that 1. I have researched the subject market area and have selected a minimum of three recent sales of prepertes most simiWr and prmdmate to the subject property for consideradan In the sales compartsan areysis and have made a dollar adjustmerd when approprtate to reflect the market reaction to those items of signficant variation. tt a significant item in a comparable properly is superior to, a more favorable than, the subject property, I have made a negative adjustrrard to reduce the adjusted sales pdce of the comparable and, 'rf a significant item in a comparable propeAy is interior to, or less favorable tltan the subject property, I have made a posifive adjustmermt to increase the adjusted sales price of fife corrParable. 2 1 have taken into cereiderafian dme factors that have an impact on value in my devebpment of time estimate of market vagre in time appraisal report I haw: rat Wawingy wtthhdd arty significant information from the appraisal report and I believe, to the best of my knowledge, that al statements and Intonnafian in tlme appraisal report are true and correct. 3. I stated in the appraisal report only nmy awn personal, unbiased, and professional areysis, opinions, and conclusions, which are subject ony to the cordngent and fimitlng cord'rttons specified in this form. 4. I have no present or prospective irrlerest in the property that is the smdtject to this report, and I have no present or prospective persorel interest a bias vriih respect to the paNcipants in time transaction. I dW rat base, ei0mer partlaly or completey, my areysis ardor elms estimate of market vakme in time appraisal report on ttme race, cobr, religion, sex, hardicap, fandfial stows, or rmafiorel origin of either time prospective owners or occupants of itme subject property a of ttme present owners a occupants of Cme properties in fife vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my currerd a future empbyment rar my compensatlon for perfortrming itmis appraisal is contingent an the appraised value of elms property. 6. I vras rat required to report a predetermined vahre or direc8on in value dmat favors the cause of the client ar arty related parry, tlme amount of the vahre esdmate, the attaimmarmt of a spec'rfic result, or itme occurrerae of a subsequent event in order to receive my compensation and/or errploymerd for performing the apprelsal. I did not base the appraisal report an a requested minimum valuation, a specific vaNadan, or the need to approve a specific mortgage loan. 7. I perfomxd this appraisal in cantommiry with the Urifam Standards of Professional Appraisal Pracfice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effecttve date of this appraisal, with the exception of time deparblre provisan of those Standards, which does not appy. I acknowledge that an estmate of a reasoreae iime fa exposure in Vme open market Ls a condifion in time detiridon dl market value and lime esdmate I devebped is consistent with ttme marketing time noted in fire rmdghbortaod Becton of this report, unless I have otherwise stated in Cme reconcifiafian Becton. 8. I have persorely inspected the interior and ededor areas of da subject property and the exterior of alt properii~ listed as comparables in elms appraisal report I furtlmer certify that I have noted arty apparent a gown adverse conditions in the subject improvements, on the subject site, a on arty site within the irtrrredlate vidnity of the subject property of which 1 am aware and have made adjustnmerrls for these adverse conditions in my areysis of the property value to the extent that I had market evidence to support them. I have also camrnermted about the effect of elms adverse conditions an the marketability of the subject property. 9. I persorefiy prepared aq conckrsbns and opidore about the real estate that were set forth in the appraisal report. fi I relied on sigrifcant professiorel assistance from any individual or indivi~als in the performance of dte appraisal or the preparedon of the appraisal report, I have named such individual(s) and discbsed the specific tasks pertortred by them in the reconcifiafion section of itis appraisal report I catity that arty individual so named is qualttled to perfam the Tasks. I have rat auttarized arryone to make a change d army item in the report; therefore, 'rf an uremNmorked change Is made to the appraisal report, I will take rto responsibility fa tt. SUPERVISORY APPRAISER'S CERTIFICATION: n a supervisory appraiser signed elms appraisal report, he or she cerfifies and agrees that: I directy supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree wtth the statements and conclusions of ttme appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am takirmg ful responsibility fa the appaisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 103 THERESA DR, STAFFORD, VA 22554-7901 APPRAISER: ~~ SUPERVISORY APPRAISER (only if required): Signature: ~~,~,n.rL~.t/ Signature: Name: D0~3C D FRYE Name: Date Signed: November 12. 2009 Dale Signed: State Cemifficafion #: State CeNficadon #: a State Ucense #: 4001-008969 or State License #: State: VA Slate: Expiration Date of Certificatkm or License: 1 1 13 0/2 01 0 F~irefian Date of Certlficafion or Lkerse: ^ Did ^ Did Not Irmspect Property Freddie Mac fbmm 439 6-93 Page 2 of 2 Fannie Mae Fonn 10046 6-93 Form ACR -'WinTOTAL' appraisal software by a la mode, inc. -1-800-ALAMODE UNIFORM RESIDENTIAL APPRAISAL REPORT MARKET DATA ANALYSIS recer>( s are most sl ra et reaction to Vase of sign and vartad favorable than, the subject property, a muwis (-) ad favorable than, the subiect properly, a plus (+) ad nd pr male to su ,iect a ve cor on een die sublIe~ctt and comps , pro pistme»d,is made, this,reduang the utdicat iustmmeriit is made, thus inueasing the indica al in ma, vsfs• ~b~ I~p~y Is super%rl~ ~ perties. B a significard item in the comps pro , or mae ed value of the subfect It a slgnificard rtern in the comparable is infenar to, or less ted value of ilia subject. ITEM SUBJECT COMPARABLE N0. 4 COMPARABLE N0. 5 COMPARABLE N0. 103 THERESA DR Address STAFFORD .,.,„ ' tp $I)b' ~ Pd a mkt value 9 KNOLLSIDE CT STAFFORD 0.99 miles E 19900 7 KIMBERLY DR STAFFORD 0.83 miles NE 365 000 PrIC ~ 166.79 ~ 178.40 ~ ~ Dale and/or INSPECTION CTY RECDS. MLS#577187006 COUNTY RECORDS MLS#ST7153038 COUNTY RECORDS VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION ; + - $ ' st DESCRIPTION ; + - Ad' sl DESCRIPTION ; + - Ad' Sales ar Rmandng sions N/A WA N!A N/A p~ Sa I U/C -9 500 ACTVE SALE -11 000 anon AVG-GOOD AVG-GOOD AVG-GOOD I le FEE SIMPLE FEE SIMPLE FEE SIMPLE 8 581 SO FT 8 215 SQ FT NO ADJ 8 019 SQ FT NO ADJ Vfew NEIGHBORHD NEtGH80RHD NEIGHBORHD ; I n I COLONIAL COLONIAL COLONIAL ual' of ConstrucBon FRAME/AVG FRAME/AV-GD -3 500 PT.BRK/AVG -5 000 e 19 16 NO ADJ 11 -2 000 Conditlon AVG-GOOD AVG-GOOD AVERAGE +2 500 Above Grade T I ~ ~ Batlis Total ~fidmts~ Baths ~ -1,500 Total ~Bdrms~ Baths Total ~Bdmu~ Baths Room Count 8 3 2.5 9 4 2.5 7 3 2.5 Gro s Livi Area 1 902 S . R. 1 918 S . R. ~ NO ADJ 2 046 S . Ft ~ -5 000 S . Ft Basemerd 8 Rdshed Roo Grad FULL RR DN BA FULL RR BA +1 500 FULL UNFINISHED +10 000 flxictlanal U81' AVERAGE AVERAGE AVERAGE odi HP/CAC i'1NA/CAC FWA/CAC E Eftid Items AVERAGE AVERAGE AVERAGE a 2 CAR GRG 2 CAR GRG 2 CAR GRG Parch, Patio, Deck R s etc. WR.POR,DK 1 FIREPLACE sm.por,patio 0 FIREPLACE +4,000 +3 000 STOOP +5,000 1 FIREPLACE SEC.SYS FENCE +500 NONE +1000 DAYS ON MARKET N/A DOM 3 DOM 67 Net Ad'. + - -5 500 + - ~ 500 + - Adjusted Sales Price om r.` T,iBf ' ~:7 % 7.3 96 314400 Net T;2 96 ( 11.4 % 360 500 Net '% Gross 6. Date, Price and Data Source fa prlpr sales within ar of isal Coirrrierits: COMPA 06/19/2000 $175,000 COUNTY RECDS RABLES #4 AND 5 06/01/1998 04/0111998 $162,500 $166,450 COUNTY RECORDS/MRIS COUNTY RECORDS/MRIS ARE UNDER CONTRACT AND ACTIVE SALES RESPECTNELY U ILIZED AS ADDITIONAL SUPPORT OF VALUE. THE QUALITY ADJUSTMENT TO COMPARABLE #4 IS DUE TO THE SUPERIOR INTERIOR OF THE COMPARABLE AND TO COMPARABLE #5 DUE TO THE PARTIAL BRICK FRONT OF THE COMPARABLE. THE CONDITION ADJUSTMENT TO COMPARABLE #5 IS DUE TO THE RECENT MAINTENANCE OF THE SUEiJECT. THE TIME ADJUSTMENTS TO COMPARABLES #4 AND 5 ARE BASED ON THE LIST TO SALES PRICE OF THE COMPARABLES AVERAGING 97% OF THE LIST PRICE. Market Data Anarysis 693 Form UA2jAC) -'WinTOTAL' appraisal software by a la mode, inc. - t-800-ALAMODE Triangle Group Appraisals #7 Bortower Client CHARLES W MCCOBB Rte No. TG090267 Pro Address 103 THERESA DR Ci STAFFORD Cou STAFFORD State VA D Code 22554-7901 Client KOPE 8 ASSOCIATES APPRAISAL AND REPORT IDENTIFICATION This Appraisal Report is !>J1!! of the following types: ^ Self Contained (A written report prepared under Standards Rule 2-2(a) , persuard to the Scope of Work, as disclosed elsewhere in this report) ®Summary (A written report prepared under Standards Rule 2-2(b) , persuant to the Scope of Work, as disclosed elsewhere in this report) ^ Resflicted Use (A written report prepared under Standards Rule 2-2(c) , persuant to the Scope of Work, as disclosed elsewhere in this report, restricted to the stated Irrtended use by the specified client or intended user.) Comments on Standards Rule 2-3 I certity drat, ~ the best of my knowledge and belief: • The statemerds of fact contained in this report are true and correct. • The reported anaryses, opinions, and conclusions are limited ony by the reported assumptions and iinnitlng condNOns and are my personal, impartial, and unbiased professional anatyses, opielons, and conclusions. • I have no (ar the specified) present or prospective Interest in the property that is the subject of this report and ra (or the specified) personal Interest wtih respect to de parties involved. • I have no bias with respect to the property that is the subject of this report or the parties involved with itds assignment. • tuty engagement in iNs assignment was not contingent upon developing or repartlng predetermined resutis. • My compersatfon far completing this assignment is not contingent upon the devebprtent or reporting of a predetermined vahe or direction in value that favors the cause of the client, de amount of the value opinion, tie attainnent of a stipulated resell, or dte occurtence of a subsequent event directly related to de intended use of lids appraisal. • My anayses, opinions and conclusions were developed and this report has been prepared, in confomdty with the Uniform Standards of Professional Appraisal Practice. • I have (or have rat) made a personal inspectbn of de property tilat is the subject of Ws report • NO one provided significant real property appraisal assistance to tte person signing ties certlfication. (ti there are exceptions, die name of each indlvidual 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: APPRAISER: "~ SUPERVISORY APPRAISER (only If required): Signatre: ~t"~~~'`~ Signature: Name: DONALD FRYE Name: Date Signed: November 12. 2009 Date Signed: State Certfikation #: State CeNfiration #: or State Lcense #: 4001-008969 ar State license #: State: VA State: F~iratbn Date of CertBicatlon a License: 11 /30/2010 F~irstion Date of Cert'fiicatbn or Licensee: Supervisory Appraiser inspectlon of Srhject Property: Effective Date of Appraisal: 11/11/2009 ^ Did Not ^ E~dertor-ony from street ^ Interior and F~derior Form IDO6 -'WinTOTAI' appraisal software by a lv mode, inc. -1-80QALAMODE Sueelemental Addendum FIIeNo.Tr;n90267 8anower/Caerd CHARLES W MCCOBB Pro Address 103 THERESA DR C STAFFORD Cou STAFFORD State VA L Code 22554-7901 Ckerd KOPE & ASSOCIATES SUBJECT NEIGHBORHOOD AND SITE COMMENTS: The appraiser is assuming that county taxes and/or homeowner association dues are currently paid to date, but has not verified this fact with the appropriate governing bodies. The appraiser would recommend, if this is essential data to the lender that the homeowner supply supporting documentation as to the current state of payment. The subject property is adequately screened from commercial development in the neighborhood and the commercial development in the neighborhood does not negatively impact the subjects marketability or market value. The commercial development is considered a convenience for shopping and local employment. It is noted that a portion of the subject neighborhood (makeup) land is vacant. The area is in a master land use plan for conforming development and no adverse conditions are anticipated from this factor. The subject property is located in a planned unit development (PUD). The homeowners association dues are typical of similar communities in the area and have no impact on the subjects marketability or market value. The house being appraised is newer than the typical house in this neighborhood. It does not suffer from functional obsolescence because of its age. There is a demand for newer homes in this nelghborhood, and no adverse marketability problems are anticipated. The subject conforms sufficiently in size, value, type and style with the other houses in the neighborhood. There is strong evidence of long term neighborhood stability to support demand for a newer home in this older neighborhood. The subject is more valuable than the predominant value of the typical neighborhood home. The appraised value of the subject property is will within the upper end of the neighborhood price renge and it is not considered and over improvement. The predominant neighborhood value will not have a negative impact on the subjects marketability or market value. The subject does not suffer functional obsolescence for being valued over the predominant value in the neighborhood. There is an active market of qualified purchasers for the subject price range home in the neighborhood. The appraiser was not supplied a plat of the property. The lot size utilized was provided by county records and often times has been rounded, thus deviating slightly from the exact lot size provided on a plat. The differences are typically so small in nature that the appraised value would not be extracted. SUBJECT IMPROVEMENT COMMENTS: The propertys heating, plumbing and electrical systems appear to be functioning properly to the best of the appraisers knowledge and expertise (see attached certification statement). In an attempt to complete the attached appraisal in a timely fashion the appraiser has not verified, but is assuming that all of the subjects improvements have had satisfactory county building permits issued. The appraiser is leaving this to the lender discretion as whether to verify that all improvements to the property to conform to local building codes and have been properly documented. The appraiser did not visually observe any inadequacies at the time of inspection. It is noted that the estimated site value exceeds 30% of the appreised value. The land value ratio is typical of the neighborhood and is in line with assessed values and comparable land sales found in other neighborhoods. The higher than typical 28% to 30% land to value ratio is due to positive location factors and does not have an adverse impact on the subjects marketability or market value. The higher than typical land to total value ratio should not be construed as a negative factor. SALES COMPARISON & FINAL RECONCILIATION COMMENTS: It is noted that the compareble(s) price per Irving area number varies by more than $10 per square foot as compared to the subject, but the sales chosen are considered to best weigh the four major elements of wmpartson. The price per living area is easily reduced to an aberration by its very nature and its not considered a meaningful number in this appraisal. The distortion of these numbers does not reduce the reliability of the valuation. Comparables with a deviation of (+) or (-) $10 per foot would have required less desirable adjustments which would have, in the appraisers opinion, reduced the reliability of the appraised value. Quality of construction adjustments were necessary to account for upgrades and construction features that differ significantly from the subject property. The quality of construction adjustments do not reduce the reliability of the subjects indicated value. Utilization of other comparable sales would require less desirable adjustments that in the appraiser's opinion would reduce the reliability of the subjects indicated value. The subject and comparable properties vary significantly in chronological age but due to updating the effective ages have been reduced and are wnsidered similar, thus smaller than typical age adjustments were considered appropriate. The comparable sales utilized in the report have minor amounts of personal property included in their conveyance. The personal property is considered to be so insignificant that its conveyance had no impact on the comparebles' sale price. No adjustment could be extracted for the market for any personal property conveying with the comparable sales, thus no market adjustment is considered appropriate to the comparable sales for personal property in their conveyance. (See FNMA announcement 86-23 dated 10/23/86 and FHLMC bulletin Volume 1, section 2215 of the Sellers' Services Guide dated 4124/86 effective 7/1186). Total closing cost including loan points paid by the comparables seller are typical of the market and do not impact the valuation. Closing cost paid by sellers of these transactions are equivalent to the typical financing terms offered by the third party institutional lenders in the local market and should not be considered adverse. The indicated values of the comparable sales reflect the subject real estate and include only those seller closing cost normally paid by traditional or law in the market area. The subject has not been listed for sale in the past 6-12 months per homeowner and Metropolitan Regional Information System, Inc. (MLS) The photos used in this appraisal are digital photos utilizing imaging technology. although the photos may be enhanced during the finishing process, no alterations were made to the images which would misrepresent the appearance of the subject property or the comparables. In some instances photos are downloaded from the MRIS database for safety reasons, or due to no trespassing signs, obscured visibility and view at the time of the sale, etc. MRIS database photos may contain a for Fortn TADD -'WinTOTAL' appraisal software by a la mode, inc. -1-800-ALAMODE Suaalemental Addendum FlIeNo. sale sign in the front yard. None of the comparebles are currently re-listed for sale unless specifically addressed in the appraisal. This appraisal report has been prepared in accordance with FNMA and FHLMC guidelines which do not require the appraiser to estimate the subjects remaining physical life. Physical life is a period of time which a dwelling may be expected to remain in (physical) existance anticipating normal maintenance being completed. The subjects remaining economic life is addressed in the cost approach section. Economic life is an appraisers opinion of the number of years that that (subject) improvements will contribute to the value of a property. The existence of any environmental hazard such as the presence of hazardous wastes, toxic substances, radon gas, asbestos-containing materials, etc., which mayor may not be present in or on the subject property or any sites directly adjacent were not observed by the appraiser and the appraiser has no knowledge of any such environmental hazards. The appraiser is not qualified to detect the above hazardous substances, thus the purchasedborrower or client may wish to employ the services of a professional in this field to determine any such materials or hazards. The physical inspection of the subject property is necessary to gather data for an opinion of market value. The inspection was not performed to determine the integrity of the subjects building components and is NOT a home inspection report. The appraiser has no expertise to determine the structural integrity of a dwelling or its components or determine potential pest infestation. To verify these and other related facts an expert in that field would be recommended. The following explanations are to better inform the reader of the attached appraisal report: -4 Major elements of comparison: (1) location, (2) conditions of sale, (3) time of sale, (4) physical characteristics. -NO ADJ. -The appraiser is aware of a difference in feature, yet feels an adjustment is not appropriate. -Room count: Foyer and Laundry room are not considered rooms in the above grade room count. -Gross Living Area: computed from exterior dimensions rounded to the nearest foot prior to calculating. -Data Source: INSPECTION listed as the data source refers to all data utilized is from a physical inspection. PURPOSE SCOPE & SYNOPSIS The purpose of the subject appraisal is to give an opinion of market value of the subject property as defined. The subject appraisal has been performed pursuant to section 1110 of FIRREA for the pertormance of appraisals in conjunction with federally related transactions within the jurisdiction of the Board of Governors of the Federal Reserve System. Mandated (by Title XI) standards require that all appraisals be written and that they conform to the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation, to the applicable provisions of the title reinforcement act of 1989, 12 U.S.C. 3310,3331-3351, and to the applicable regulations of the Federal Reserve System, 12 CFR Parts 208 and 225 and (ii) that Donald Frye Jr (Virginia Licensed Residential Appraiser -license #4001-008969) holds the required license issued by the Virginia Real Estate Appraisal Board to be able to perform this appraisal incompliance with Virginia Law. Suggested guidelines by FNMAJFHLMC have been folbwed whenever possible and deviations from these suggested guidelines are discussed in the contents of the appraisal report and attached addenda. The scope of the appraisal basically provides for a thorough physical inspection of the subject property and its environs sufficient enough to gather pertinent data to forma market value conclusion. The attributes of the subject property are compared to the most comparable data available including properties available for sale, pending sales and sold properties where title has transferred (i.e. closed sales) unless otherwise stated in the body of the appraisal. Specifics regarding physical features of the comparable properties ad the terms of the sale are verified with parties to the transaction, public records of the jurisdiction or public reporting services such as the Metropolitan Regional Informational Systems, Inc. (MRIS). The subject and comparable properties are compared regarding the four major elements of comparison (including all sub-elements) and necessary market extracted adjustments are utlized to arive at an indicated value by direct sales comparison. The cost and income approaches to value are also considered and weighed on applicability. After considering all three approaches to value the appraiser follows a thoughtful and thorough reconciliation process ariving at the market estimate, as defined as of the effective date as stated on the appraisal report. The comments of this addendum are intended to expand on what the appraiser feels are areas of most concern to the reader in order to fully understand the appraisal report and methodology. The expanded narrative allows the appraiser to provide additional comments where sufficient space was not available on the appraisal form. The comparative utilized were considered by the appraiser to be the best available weighing all four major elements of comparison while trying to employ the theory of bracketing all major marketing features of the subject. Forth TADD -'WInTOTAL' appraisal software by a b mode, Inc. -1-800-ALAMODE #1 Subject Photo Page Borrower/Cgent CHARLES W MCCOBB Pro Address 103 THERESA DR C' STAFFORD Cau STAFFORD State VA ~ Cade 22554-7901 Cgenl KOPE 8 ASSOCIATES Subject Front 103 THERESA DR Sales Price mkt value Gross Building Area Age 19 Subject Rear Subject Street Form PICPIX.SC - "WInTOTAL' appraisal software by a la made, inc. -1-800-ALAMODE Comparable Photo Page Borrower/Client CHARLES W MCCOBB Pro Address 103 THERESA DR C' STAFFORD Cou STAFFORD State VA Ti Code 22554-7901 Client KOPE 8 ASSOCIATES Comparable 1 14 BURNING CT Prox to Subject 0.96 miles SE Sale Price 364,000 Gross Living Area 2,008 Total Rooms 8 Tetal Bedrooms 3 Total Bathrooms 2.5 Location AVG-GOOD View NEIGHBORHD Site 11,822 SO FT Oualily PT.BRK/AVG Age 11 Comparable 2 8 LAKESIDE DR Prox to Subject 0.81 miles E Sak Price 275,000 Gross living Area 1,576 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 2.5 Locaton AVG-GOOD View NEIGHBORHD Site 6,695 SO FT Quality FRAME/AVG Age 11 Comparable 3 11 REGENCY DR Prox. to Subject 0.66 miles NE Sale Pdce 265,000 Gross Uwng Area 1,672 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 2.5 Locaton AVG-GOOD View NEIGHBORHD SRe 6,695 SQ FT Quality PT.BRKlAVG Age 16 Form PICPIX.CR -'WinTOTAI' appraisal software by a la mode, inc. -1-80QALAMODE P # Comparable Photo Page Borrower/Cbe~ CHARLES W MCCOBB Pro Address 103 THERESA DR C STAFFORD Cou STAFFORD State VA I~ Code 22554-7901 Client KOPE 8 ASSOCIATES Comparable 4 9 KNOLLSIDE CT Prox to Subject 0.99 miles E Sales Price 319,900 Gross Living Area 1,918 Tohdl Roams 9 Total Bedrooms 4 Total Bathrooms 2.5 Location AVG-GOOD Yew NEIGHBORHD Site 8,215 SO FT Quality FRAMElAV-GD Age 16 Comparable 5 7 KIMBERLY DR Ptox t0 Subject 0.83 miles NE Sales Price 365,000 Gross Living Area 2,046 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 2.5 Location AVG-GOOD New NEIGHBORHD Site 8,019 SQ FT Quality PT.BRKlAVG Age 11 Comparable 6 Prox. to Subject Sales Price Gross Living Area Total Rooms Tolal Bedrooms Total Bathrooms Locaton View Site Quality Age form PICPIX.CR -'WinTOTAL' appraisal software by a la nwde, inc. -1-80QALAMODE P #14 Building Sketch Borrower/Client CHARLES W MCCOBB Ft0 Address 103 THERESA DR CI STAFFORD Cou STAFFORD State VA L Code 22554-7901 Client KOPE 8 ASSOCIATES 73.0' LO ry9 ?a 14.0' x5.0' § b DINING WTCHEN NOp( FAMLY BATH BEDROOM b b 20 ~ e4TN fa IAUNDRT 13 LIVING 594TH BEDROOM BEDROOM . GAMGE ~ FOYER 384 ~A' x24 354 C UNFINISHED BgTN OENUNFIN13HED ^~ t2.0' REC ROOM b 284 Camwb: Cove AREA CALCUU1T DstWb1 70NS SUI+t~A417'! let 8[s 1Yt TObY Qdl nr.e noo= 1070.0 1070.0 11Y2 earned 13ooe 831.0 832.0 i0Q e.rrnt 1012.0 1012.0 au e.rae. u4.o a4.o Net WPBLE Mee (Roultded) 1902 IN Nf PRFA el.ell8enl BREMmO NVN 8ulbt.b rlsec noo. o.s : 2.0 : 2.o z.o 18.0 s 16.0 2.0.0 4.0 • 17.D 68.0 o.s : z.o : 2.0 2.0 11.0 : u.o 1s4.o 13.0 : u.o xoe.o 18.0 : xx.0 996.0 9e0oe6 nrnr 26.0 s 32.0 532.0 8 eelne (F7G1+10Bf1) 7902 form SKT.BIdSkI -'WinTOTAL' appraisal software by a 9 mode, inc. -1-800-AIAMODE Location Map Borrower/Clierd CHARLES W MCCOBB Pro Address 103 THERESA DR C' STAFFORD Coa STAFFORD State VA L Code 22554-7901 CNent KOPE 8 ASSOCIATES a la mode inc: Mxy9 ~~, "may 8 S yea ~ ~~ ~x ~ ~m.a ~'~ ~4 f~ ! '~n.n.n~, ..- ~... ~..-.iia. r v~•- ,. ~ *°'r+c. ~ ~a~°O .d'~~' ,{ ,.o.aR 5 ~ ~' ~ 9 S 7 ~ s d'y a'~0"d 3 WbMp `~ $ C S, ? 1 cf ° J~ "" ~ e ~' ~ ~ ~ ~ o~ ~ '~ ~~ ~ a ~~~ o dxa ~ ~`~ ~ W~ o xn..a - G ~~ r..ww. rw 65 , i.»na Q ~""rte ~ A 6 >wM A 4. 0 1 ~ ~~~ A .~.~, '~ 3 ~ y'w'~ ~ PEA `*a ~ d x ~ *swo- }~ a as 0 r ~~ ~ (~' ~ RjA • F ~' ~H t V ~~ sc ' ~~q ~~ r~ S N~IS Q 's r~' ~ .~ J ti ~ M ..~~ .~ ~d ~~ j ~o ~o ,.~~ ,~ «~~ ~~.. `"4 _.. ad F 4C7 yA~ Form MAPLOC -'WinTOTAL' appraisal software by a Ia made, inc. -1-801}ALAMODE Paae #16 Flood Map BortowerlCllent CHARLES W MCCOBB Pro Address 103 THERESA DR Ci STAFFORD Cou STAFFORD State VA ~ Code 22554-7901 CGerd KOPE 8 ASSOCIATES ca Prepared far: Ir~terFlood Triangle Group Appraisals i/ ~ a y "~ 103 THERESA DRIVE www.intelfiood.GOm • 1-8174-252-6633 STAFFORD. VA 21554-7901 . I ~. ~ = , .;, ___ r _.... _~-_.._.._....- ........ ........... . ~ , 4 G ~ ~ :. \ ~ } ~ \~ tt..: y c. <a J wN va. ~ ~~l ¢M~ ltv: iHw t/ ~u ~ ~w ~ ~ ~ lay f .. ~~ ,a ~ ~. - xNY~R`~ T s z Nr x w " , b:M ZONE + rr k r / ~~ '~~ 54 fi._ / r, ~' ZONE 4 ~=~ Q ~ ~ ,. i ... A .. ~ : ' .,.,,,,.,. .~~.. .,,,,, . .~ t ` ' 's,, .,>~ j FlOOd Fiazard,5 A+laE- a ZONE X Msp Member ,/ +'f "^`^-=~f'+' C__, ~ 5141514129E ~"'--•. ,~ Effsetivr Dste February 4, 2045 r:i~ xf :,.:3h+:~, P x ... : 7 :~ # ::'~t {' j '1~P.h~..:. ~~ ~ t ~' t:'R I ~ fir... ~~/ Lr,; ti,~ ~r f a sao' 900' 1 t~ F~r«aa br Fbmaaww BTT.T7. FE_DES6 ~ zoNe x ~ ~~~ ~ i9?9-m09 SowxPlvfs apW~a Foo6SDwm Carparataxs. WI 6phb te•a~rvaC. ?•m:[s b.fi3i.3~ and 8,?T8.81,. (}eur p~1mEn Pdadr+D. Fw I.nIO: isfO~ibodsourae.oan. Form MAP.FLOOD-'WinTOTAI' appraisal software by a b mode, inc. -1-804ALAMODE Conrad Siegel 501 corporate Circle ' P.O. Box 5900 • Harrisburg, PA 17110.0900 Phone (117) 652-5633 ACT U A R I E$ Fax (717) 540-9106 www.conradsiegel. com The Employee BenettCS Company Conrad M. Siegel, F.SA. August 13, 2010 Harry M. , Jr., F.sA. Cycle E Gingrich, F.SA. Robert J. Oolan, aSA Lesley J. Beam, Esq. Darn F. stirl'ng, A.sA. Howett, Kissinger & Holst, P.C. 130 Walnut Street Robert J. Mraak, F.SA P.O. Box 810 David H. lC~id4 F.sA Harrisburg, PA 17108 Jefhey S. Myers, F.SA Re: Charles W. McCobb iTianas l_ 2inrnerman, F.SA Dear Ms. Beam: Gkmn A. Hafer, F.sA. Kenn A. ero, F.SA. You requested that I make a calculation of the marital portion of Mr. MCCobb's military retirement pay which is attributable t0 his second marriage tO Tina McCobb. FrdNc s. Rlgdes, F.sA, A.cA.s. You also asked that I calculate the amount due to be paid to Tina McCobb on the Hopy A. Ross, F.sA. assumption she would receive 50°!0 of the marital portion of the divisible retirement pay (exclusive of VA disability waiver) less, the full cost of her survivor benefit plan Jane) M. tsyrr~ster, cF~S premium. Mark a Boraall, F.SA My calculations are based upon the following information provided: John w. Jeffrey, F.sA Denise M. Pole, F.SA. 1. Charles and Tina MCCobb were married on July 4, 2000, and they separated on September 24, 2007. They were married for 7.23 years, all of during which momas w. Reese, A.s.a Mr. McCobb was enlisted in the military. Jonatlran D. Cramer, F.SA 2. Mr. McCobb retired from the military on July 1, 2008, with 25 years, 7 months JoM D. Vargo, F.sA and 3 days of service. This equates to 25.58 years of service. Robert M. Gku, F.SA. 3. Documents provided to Mr. McCobb at the time of retirement indicate his Bn,ce a Sen4 CEBS, CFP grossrlg retired pay, the portion of which is being waived to receive VA Laxa v. Hess, F.SA. ~~ compensation, the survivor benefit plan cost, and the net disposable retired pay. Mr. McCobb also provided updated figures since he received a v,~; ~ ~,;~,; 1.2aXo cost-of--living adjustment in January 2009 and since his VA waiver J• s~ ~'""an~ cEes amount has been adjusted periodically since his retirement. The following wifam J. shipley, F.sA. table displays the information provided t0 me. Joshua R Maytw,e, asA. Amount at July 1, Current charges a. t>>e~, EA. 2008 Retirement unt S. Fortino, A.SA Gross Retired Pay -Monthly $4,668.00 $4,724.00 Jonatlran A. Sapochak, A.SA. LeSS: VA Disability Waiver - 610.00 - 644.00 Less: Survivor Benefit Plan Cost - 30 .4 - 30?.06 Andrew S. Greena•rah, A.SA Net Disposable Retired Pay -Monthly X3.7 ~?~ Conrad Siegel A C T U A R I E S Lesley J. Beam, Esq. August 13, 2010 Page 2 The portion of Mr. McCobb's retirement pay which is attributable to the marriage of Charles and Tina McCobb is calculated based upon a wverture fraction. The numerator is the years of service performed during the marriage, which was 7.23 years. The denominator is the total years of service at the time of retirement, which was 25.58 years. Hence, the coverture fraction is 0.2826 (7.23 divided by 25.58). Based upon the requested calculation outlined above, the calculation of the entitlement to Tina McCobb is as follows: Gross Retired Pay $4,724.00 Less: VA Waiver - 644.00 ~ Divisible Retired Pay $4,080.00 Multiplied by 5096 x 509b~ Multiplied by Coverture Fraction x 0.2826 Preliminary Award $ 576.50 Less: SBP Cost - 307.06 Award to Alternate Payee ~ 2~ /mo. Thus, if Tina McCobb is to receive 509b of the marital portion of the divisible retired pay, which excludes the VA disability waiver, and if she is to bear the full survivor benefit plan cost, then her monthly entitlement is $269.44. As we discussed, since the parties were married for less than 10 years, DFAS will not honor a Court Order and pay her awarded share to her directly. As such, Mr. McCobb will need to make direct payments to Tina McCobb. This direct payment may be handled through an alimony award. By handling it as an alimony award, Mr. McCobb will be able to deduct such payment for income tax purposes and Mrs. McCobb will report such income as taxable. If the award is not handled through alimony, the $269.44 per month payment will need to be reduced to reflect the effect of income taxes. If you have any questions regarding my calculations, please contact me. With best regards, Yours sincerel~(y, (' Jonathan D. Cramer, F.S.A. Consulting Actuary JDC:ka.d fn Q . ~~ .„ • • + ... .; ..• .. ~:t~: .s ~~~.1k .~....•<• `~~ .... ...............................v.::r::......:..•:::..... . . ..:....::......,.......... ....:::::::::r.::sz;::::s~ :. STATEMENT EFFECTIVE DATE- NEw PAY DUE AS OF SSN JUL 15, 2008 AUG O1, 2008 _ 270] ) _ PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES DEFENSE FINANCE AND ACCOUNTING SERVICE US MILITARY RETIREMENT PAY PO .BOX 7130 LONDON KY 40742-7 1 3 0 COMMERCIAL (216) 522-5955 TOLL FREE 1-800-321-1080 TOLL FREE FAX 1-800-469~i559 LTCOL CHARLES W MCCOBB USMC RET A°YPay 1005 18TH STREET b"PS'~~myPeY'a~~'~'' BRADENTON FL 33505-0000 1-877 363 3677 - ,, <: ~, _. .. FTEM OLD NEW ITEM OLD NEW , . - r °;a! _ ~~- 4 6C~$ 00 ~ FI? ~ $ . . , -. -- - . - --- _-- -~- ~. -3Q$_34 VA WAIVER 610.OQ SBP COSTS + ~. ?~ 3a 4 ~. 30 4~ T~XASLE ;`.COME 4,36~.5~ 375--•5 NET PAY 3,874.74 3,356.24 ~~,A ~A ~ .:`s. -: ` flA'7`£,:.= *` ;. 'F ~ : , 's a~.:. . ~IIIA~: :1: N fY DIRECT DEPOSf7 ~.:.. E „. FEDERAL WITHHOLDfNG STATUS: MARRIED 70TAL EXEMPT10N5: 00 FEDERAL INCOME TAX WITHHELD: 398.34 SBP COVERAGE TYPE: SPOUSE ONLY ANNUITY BASE A MOUNT: 4,668.00 SPOUSE ONLY COST: 303.42 SPOUSE DOB: FEB 03, 1964 THE ANNUITY PAYABLE IS 55~ OF YOUR ANNUITY BASE AMOUNT WHICH IS 2,567.40 DFAS-CL 7220!148 (REV 03-Di) MCCOB `~ Ohio Public Employees Retirement System __ OPERS 277 East Town Street Columbus, Ohio 43215-4642 1-800-222-7377 www.opers.org December 18, 2009 TINA LOUISE TEGTMEYER 5842 TINA MCCOBB Re: Ohio PERS Account Value Dear Tina Tegtmeyer: In response to your recent inquiry, the requested value of your Ohio PERS Retirement Account is $30,893.64 as of Juiy 1, 2000. Traditional Pension P{an Value: Member Contributions Interest Employer Match $30, 893.64 $0.00 $0.00 Requested Ohio PERS Account Value $30,893.64 Please be advised, Senate Bill 144 Enhanced Refund was not effective until December 13, 2000 therefore, interest and employer match was not applicable to account values prior to that date. !n addition, the requested value of your Ohio PERS Retirement Account is $78,416.50 as of August 1, 2007. Traditional Pension Ptan Value: Member Contributions Interest Employer Match $30,893.64 $16,062.35 $31,460.51 Requested Ohio PERS Account Value $78,416.50 Any distributions made are not subject to garnishment, attachment, assignment, or operation of law, except as authorized by state or federal law. If you have any questions, please feel free to contact us at 1-800-222-7377. Sincerely, Ohio PERS TLMl23 AM-S-EST (08/07) ~~~ - OPERS Tina Louise Tegtmeyer Tina McCobb ~~ Ohio Public Employees Retirement System Your Benefits at a Glance Contributions (ses pages 4 and 5 fora detailed explanation) Contributions as of December 31, 2008 Account Value (see pages 4 and 5 for a detailed explanation) Account Vafue as of December 31, 2008 $79,528.76 Service Credit (see page 5 for a service credit breakdown) Service Credit as of December 31, 2008 13.707 years d}annual pension at March 01, 2024 S- and 7 for ofher pro}ecfions,) 10,832 Health Care Coverage When applying for age and service retirement, OPERS members curcentiy must have at least 10 years of Ohio service credit in the plan to quai'rty for one of the OPERS health care plans. Your eligibility for health care coverage will be determined at the time you apply for retirement. please retain this statemenf for your records 212045 61T027N8 ~~~ OPERS Tina Louise Tegtmeyer Tina McCobb Ohio Publlc Employees Retirement System Your Benefits at a Glance Contributions (see pages 4 and 5 for a detailed explanation) Contributions as of December 31, 2008 Account Value (see pages 4 and 5 for a detailed explanation) Account Value as of December 31, 2008 $79,528.76 Service Credit (see page 5 fora service cn3afitblleakdown) Service Credit as of December 31, 2008 13.707 years ~~ Health Care Coverage When applying for age and service retirement, OPERS members currently must have at least 10 years of Ohio service credit in the plan to qualify for one of the OPERS health care plans. Your eligibility for health care coverage will be determined at the tfms you apply for retirement. Please retain this statement for your records 212045 61T02T®98 { ~ ~. ~~ii s k+~ y ~ +~ ~ '~ '~` 'x ,~ '". ~' ~ .. ~. '~ i~ r7M'~ 1 ~'" ,. ~ i ~"'~' ~ Ltd "~„`` ~ ~ ~ `s ~ ~ ~~~ ~- ~ '~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~~~ ~_ ~ z ~ ~- ~ t~ ~~ ~ ~ ~ ~ ~~ '~w1.r- j '~- ., ~ ,,,,.. .b•~ Mss ~ """""' `: '. r~ '~- ~, ~, ' ~ ~ ~ +~ ~ ,_, '',f rV ~' ~ . ~5:. S~ ~ ''t .. ~•'~. teuwr A. _. ~~ YY. 1 F THE PROTHONOTARY Brian E. Sipe, Esquire Attorney 1. D. 200871 2010 DEC -2 PM 3: 56 67 Buck Road, B-5 CUMBERLAND COUNTY Huntingdon Valley, PA 19006 PENNSYLVANIA CHARLES W. McCOBB, COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION VS. No. 2008-4390 TINA L. McCOBB, Defendant IN DIVORCE MOTION TO TAKE TESTIMONY OUTSIDE OF PENNSYLVANIA UNDER R. 1920.62 1. Movant is Tina L. McCobb, (hereinafter "Wife") who currently resides at 113 W. Desert Hills Drive, Phoenix, Arizona. 2. Respondent is Charles W. McCobb, (hereinafter "Husband") who currently resides in Harrisburg, Pennsylvania. 3. Husband and Wife were married on July 4, 2000. 4. For most of the marriage, Husband and Wife lived in Quantico, Virginia. 5. Husband and Wife moved to New York and then to Pennsylvania on orders from the military. The final move to Pennsylvania was made in the beginning of 2007. 6. Wife has no connection to Pennsylvania other than having lived here for several months because of Husband's military career. 7. Husband and Wife separated in September of 2007. 8. Wife moved to Arizona to live with family while starting over. 9. Husband filed a Complaint in Divorce on July 23, 2008. 10. A Pre-Hearing Conference is scheduled for December 16, 2010. 11. Several issues in the equitable distribution make it likely that a hearing will have to be scheduled. 12. The distance between Wife's new home in Phoenix, Arizona and the venue of the divorce in Carlyle, Pennsylvania make travel onerous for Wife. 13. Wife has been unemployed for the past four months and has recently begun working at a new position. 14. Wife cannot get time off to travel the distance between Carlyle and Phoenix, nor does she have enough funds to do so. WHEREFORE Movant (Wife) requests that this Court exercise its power under R. 1920.62 and order that Wife's testimony, if necessary, be taken telephonically or in some other fashion that will allow her to remain in Phoenix. Respectfully submitted, Brian E. Sipe Attorney for the Movant-Defendant VERIFICATION I, Tina McCobb, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: e Tina McCobb Brian E. Sipe Member NY, NJ and PA Bars 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215-805-0444 DEC 0 6 2010 1- 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Charles McCobb Plaintiff vs. : o Tina McCobb Docket No. 2008-4390 -''° Defendant =-+ -` -ter' IN DIVORCE -o cn, z,rnrn -c > ., o :t=CD _ x RULE TO SHOW CAUSE AND NOW, this '7 ' day of 2010 , upon consideration of the within Motion To Take Testimony Outside of Pennsylvania, a RULE is granted upon Respondent to show cause why the relief requested in said Petition should not be granted. RULE RETURNABLE, , lie 26te, at 2 o d ay.? .oww i? . 6?E S .?%z L L?LrL .( ?. RE? 4,YJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI?YANIA -, CHARLES W. MCCOBB, ) rY n . rq-s ? -? 1- Plaintiff ?. ) NO. 2008-4390 :,=,-u ? r 1 r --C > - V. ) =c1 - TINA L. MCCOBB ) CIVIL ACTION - LAW Defendant ) IN DIVORCE ANSWER AND NEW MATTER TO MOTION TO TAKE TESTIMONY OUTSIDE OF PENNSYLVANIA UNDER R. 1920.62 1. It is admitted that Movant is Tina L. McCobb; it is unknown whether she is currently residing at 113 W. Desert Hills Drive, Phoenix, Arizona. By way of further information, until Defendant filed this motion, Defendant did not give her address to Plaintiff, even though specifically requested in Plaintiff s discovery, which answers to discovery are still deemed to be outstanding. 2. Admitted in part; denied in part. Respondent is Charles W. McCobb, estranged husband to Defendant. It is denied that Husband currently resides in Harrisburg, Pennsylvania; to the contrary, Husband has moved out of Pennsylvania and is currently residing in Virginia. By way of further information, Husband resided in Cumberland County at the time of this filing. Admitted. 4. Denied as to the characterization of "most of the marriage"; It is admitted that Husband and Wife lived in Quantico, Virginia and New York and finally Pennsylvania during their intact marriage. 5. Admitted. 6. Denied as to characterization. It is admitted that Wife has no family members in Pennsylvania, no real estate in Pennsylvania, and no other assets located in Pennsylvania. It is also admitted that Wife resided in Pennsylvania during the last months of the parties' marriage, prior to separation. 7. It is admitted that Husband and Wife separated on September 24, 2007. 8. Admitted in part; denied in part. Husband believes that Wife has moved to Arizona upon the parties' separation, as Husband saw Wife once in Arizona while he was in Arizona for the Army War College. It is denied that Wife moved there to live with family while "starting over," as Husband is unable to attest to Wife's beliefs or reasons for moving to Arizona. By way of further answer, Husband learned that Wife was dating a male adult who resided in Arizona and would aver that her move to Arizona was intended, at least in part, to facilitate that relationship. 9. Denied. Husband filed his complaint in divorce on July 22, 2008, not July 23, 2008. 10. Admitted. 11. Denied. Husband is unable to speculate as to whether a hearing will be scheduled or a settlement will be reached. At present, there is no hearing or a conference scheduled in which Wife is expected to appear. 12. Denied as to characterization. By way of further information, Wife and Husband both currently reside outside of Pennsylvania and have to travel to Pennsylvania for proceedings in this matter. It is acknowledged that Husband's travel by vehicle will most like take less time than Wife's flight from Arizona. 13. Denied. Husband is unable to admit or deny this averment, as Wife provided no documentation explaining or verifying the termination of her last employment, no documentation 2 denoting any attempt to receive unemployment benefits, and no pay stubs from her current position. 14. Denied. Husband cannot admit or deny this averment, as Husband has no personal knowledge of Wife's current employment and the requirements thereof. Additionally, Husband has no documentation which would prove that Wife cannot pay for a trip from Phoenix to Carlisle. New Matter 15. Prior paragraphs of this answer are incorporated herein by reference thereto. 16. During the parties' marriage, the parties resided in Virginia, New York, and Pennsylvania, all being Mid-Atlantic states in close proximity. Wife chose not to stay in Pennsylvania, move back to New York, or move back to Virginia, but to relocate across the country to Arizona, knowing that she intended to proceed with the divorce. 17. Wife did, in fact, file for a divorce in Arizona. This divorce action in Arizona was challenged for lack of jurisdiction by Husband, and Wife withdrew her divorce complaint when the court in Arizona ruled that while said court had the ability to enter a divorce decree, it had no jurisdiction to preside over the economic claims. 18. While Wife initially objected to Husband's filing for divorce in Pennsylvania, she withdrew her objection and has actively participated in the action since she withdrew her action in Arizona. 19. The parties have no joint assets or joint debts at the time of this filing. Husband did not initiate equitable distribution proceedings or raise any other claims in this divorce other than the grounds for the divorce itself. Wife chose to file a claim for equitable distribution of the 3 assets, and other financial claims, and subsequently appointed a Divorce Master while refusing to provide certain discovery. If Wife did not wish to travel to Carlisle for proceedings, she had, and still has, the option of withdrawing her request for economic claims. 20. Wife cites this Court's ability to grant the requested relief under R. 1920.62 which is presumably a reference to Rule 1920.62 of the Pennsylvania Rules of Civil Procedure, although not cited by counsel for Wife in her pleading. Rule 1920.62 of the Rules of Civil Procedure incorporates the procedure set forth in Rule 240 (regarding indigent parties) in divorce and annulment. This Rule is not applicable to either of the parties within this matter, nor does this Rule specify that the Court may authorize one party to give testimony by telephonic means. 21. If counsel for Wife was eluding to the Court's powers under Pennsylvania Rule of Civil Procedure 1920.61, titled Testimony Outside the County, this Rule permits the Court to authorize and direct the master to take testimony of witnesses within any other county of the Commonwealth or in any other state or territory. This requested relief would create an undue hardship for the Court, Husband, and counsel for Wife himself. 22. For Husband to be afforded his right to cross-examine Wife on any testimony that she wishes to give, counsel for Husband would have to be present at the taking of testimony. The cost for counsel for Husband to travel to such location, the cost for counsel for Wife to travel to such location, and the cost for the Court, would be unduly burdensome. The expense to Wife simply does not outweigh the expense and inconvenience to the other parties involved to take her testimony in a foreign jurisdiction such as Arizona. 23. Should the Master permit another to take the testimony of Wife in another jurisdiction, the Master would be unable to judge the credibility of one of the parties to the action 4 when making his recommendation. This is prejudicial to Husband and could certainly result in a miscarriage of justice. 24. Additionally, counsel for Wife has confirmed to counsel for Husband that Wife has paid only a $2,000 flat fee for her representation for the entirety of the divorce, including litigation, which has given her no incentive to negotiate a settlement in this matter. In contrast, Husband has been and will continue to be billed substantial and extensive legal fees to litigate this matter, a burden that is not shared by Wife. Certainly, Wife can incur travel expenses in consideration of all the fees that she has saved by receiving such a rare and exceptional bargain from her attorney. 25. Finally, counsel for Wife suggests that this Court take the testimony of Wife telephonically, without providing reference to any law or rule of court which would permit this Court to do so. 26. While this Court does have authority to take testimony by electronic means of witnesses in domestic relations matters under limited circumstances, the ability to view a party's reaction to the questions being asked of her is as vital to the trier of fact in determining the credibility of the witness as the words that are spoken. 27. This form of testimony could allow the party testifying to deliver his or her testimony with the benefit of notes that cannot be seen by attorneys and the fact-finder, the presence of other parties in the room who may be able to coach her on her answers, and the absence of the pressure that is certainly felt by a party testifying in the presence of the divorce master and counsel, which lack of pressure may enable her to creatively alter her testimony and/or give her testimony in a manner other than that which is truthful. 5 28. Because it is Wife who has initiated and raise economic claims, moved for the appointment of the divorce master, has generally sought to have the Court involved in the parties' divorce, where no such participation would be required to separate or untangle title to various assets, has gainful employment and no litigation expenses, Wife has not demonstrated that she has a good cause for the taking of her testimony telephonically. WHEREFORE, Respondent Husband respectfully requests that this Court deny Wife's Motion to Take Testimony Outside of Pennsylvania Under 1920.62, and order Wife to be present in person for any hearings in which Wife wishes to present her testimony. Date: J U Wain, Esquire , KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles W. McCobb 6 VERIFICATION I, Charles W. McCobb, hereby swear and affirm that the facts contained in the foregoing Answer and New Matter to Take Testimony Outside of Pennsylvania Under Rule 1920.62 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 12/13/10 DATE §4904 relating tIZZ7 orities. CHARLES W. MCCOBB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES W. MCCOBB, Plaintiff ) NO. 2008-4390 V. ) TINA L. MCCOBB ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Charles W. McCobb, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Answer to Motion to Take Testimony Outside of Pennsylvania was served upon Brian E. Sipe, Esquire, counsel for Tina L. McCobb, Defendant, by depositing same in the United States mail, first class, on December 13, 2010, addressed as follows: Brian E. Sipe, Esquire 67 Bucks Road #B-5 Huntington Valley, PA 19006 Date: 010 4b esle Beim, Esquire O T, KISSINGER & HOLST, P.C. 1 0 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles W. McCobb CHARLES W. McCOBB, Plaintiff/Respondent VS. TINA L. McCOBB, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4390 CIVIL : IN DIVORCE IN RE: MOTION TO TAKE TESTIMONY OUTSIDE OF PENNSYLVANIA UNDER RULE 1920.62 ORDER AND NOW, this 2 `1 ` day of December, 2010, it appearing that no hearing has yet been scheduled as to which the within motion is applicable, and that, in any event, a decision on whether to take testimony by telephone is best left to the tribunal hearing the matter, the pending motion to take testimony outside of Pennsylvania under Pa.R.C.P. 1920.62 is DISMISSED. BY THE COURT, r 1/ Hess, J. X? sley J. Beam, Esquire / For the Plaintiff i G ? C= `n .a , ffrrian E. Sipe, Esquire -a C-n For the Defendant rri Cn r -urn C-5? :rlm -? 5 y o a orn ? w ? CHARLES W. McCOBB, IN THE COURT OF COMMON PLEAS OF Plaintiff/respondent CUMBERLAND COUNTY, PEN NSYLVANIA VS. CIVIL ACTION - DIVORCE C-3 NO. 08-4390 CIVIL TERM TINA L. McCOBB, IN DIVORCE Defendant/Petitioner PACSES CASE: 774112227 ?o z• ?-6 :acs s F e rq -4 ORDER OF COURT AND NOW, this 28th day of January 2011, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby ordered that the parties and their respective counsel appear before R. J. Shadday on March 15, 2011 at 1:30P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Brian E. Sipe, Esq. Lesley J. Beam, Esq. Date of Order: JanuM 28, 2011 BY THE COURT, Albert H. Masland., Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Charles McCobb Plaintiff V. Tina McCobb Defendant Docket No. 08-4390 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME __ 8•}W L- rn in . rn M ? 5 S grn C:D Notice is hereby given that the Plaintiff/Defendant in the above matter hereby elects to resume the prior surname of Tegtmeyer and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: Signature: Tina McCobb STATE OF ARIZONA MARICOPA COUNTY . SS. Signature of Name to be Resumed: Tina Tegtme On the 11+? day of , 2011, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my h Notary pccbllr Scare oil Arizona Mancopa County 5tac a M Erway M, Com-ssion Expires )7,102 1 Notary Public CHARLES W. McCOBB, Plaintiff/Respondent VS. TINA L. McCOBB, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-4390 CIVIL TERM IN DIVORCE PACSES CASE: 774112227 rn ORDER OF COURT - RESCHEDULE A CONFERENCE N) W na r? AND NOW, this 23rd day of February, 2011, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on April 19, 2011 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of March 15, 2011. YOU are further ordered to bring to the conference: (l) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Date of Order: February 7, 2011 Copies mailed to: Petitioner Respondent Brian E. Sipe, Esq. Lesley J. Beam, Esq. lbert H. MJudge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 IF { l- l.. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT CHARLES W. McCOBB : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 20084390 CIVIL TINA L. McCOBB, Defendant : IN DIVORCE PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of BRIAN E. SIPE, ESQUIRE, as attorney of record for Defendant, TINA L. McCOBB, in this matter. 2011 BRIAN E. SIPE, ESQCIRE 67 BUCK ROAD, B-5 HUNTINGDON VALLEY, PA 19006 ATTORNEY I.D. NO. 200871 Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the Defendant in this matter. J 2011 WOLF, ESQUIRE OLF High Street PA 17013-2922 717-241-4436 SUPREME COURT ID #87380 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT CHARLES W. McCOBB Plaintiff V. TINA L. McCOBB Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4390 CIVIL ACTION - LAW In Divorce CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Entry and Withdraw of Appearance upon the following persons and in the manner indicated: Lesley J. Beam, Esquire Howett, Kissinger & Holst, PC 130 Walnut Street P.O. Box 810 Harrisburg, PA 17101 Attorney for Plaintiff Brian E. Sipe, Esquire 67 Buck Road, B-5 Huntingdon Valley, PA 19006 Respectfully submitted, WOLF & WOLF Dated: March :2,2011 By: 14a . Wolf, Esquire t High Street rlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant Brian E. Sipe, Esquire Attorney ID 200871 67 Buck Road, B-5 Huntingdon Valley, PA 19006 215.525.1511 215.525.1514 (fax) EILED-Oi=FICE F= T HE F R0THON0TAR X011 MA 10 AM 10'- 41 rUMBERLAND COUNTY PE NSYLVANIA Attorney for the Defendant Charles McCobb IN THE COURT OF COMMON PLEAS OF CUMBERLAND Plaintiff COUNTY, PENNSYLVANIA VS. Docket No. 08-4390 Tina McCobb Defendant AMENDED PRE-TRIAL STATEMENT OF DEFENDANT EXHIBITS 1. Real Estate Appraisal: 2000 2. Real Estate Appraisal: 2007 3. Real Estate Appraisal: 2009 4. Pension Appraisal: Marine 5. Unemployment Statement 6. Pension Evaluation: OPERS MARITAL PROPERTY Stocks, Bonds and Bank Accou#ts Description of Property Marital Values 1. T Rowe Price Accounts 1.1 Capital Appreciation 1.2 Blue Chip Account 1.3 New Asia Account 1.4 Health Science Acco"t 4,331.69 5,591.11 10,633.23 17,784.27 2. USAA Accounts 2.1 Money Market 3,521.35 3. MFCU 3.1 Money Market 744 3.2 60 month IRA 3,400 3.3 60 month IRA 3,300 3.4 24 month IRA 4,000 3.5 24 Month IRA 16,400 4. Alcatel-Lucent Stock $400.00 5. Wedding Ring (partly non-marital) $400.00 6. Tax Stimulus Money $5,589.00 7. 2000 Grand Prix (Wife) about $1000.00 8. 2003 Chevy Trailblazer (Hus-band) about $6000.00 Total: $ 83,094.65 Marital Residence Appraisals: July 2, 2000 (one week prior to wedding) $175,000 Purchase completed one week prior to wedding; Purchase used a 160% mortgage. Mortgage at time of separation $145,500 September 24, 20017 (time of separation) $365,000 November 11, 2009 (current) $312,822 Rental Income from Form' r Marital Residence as reported in 2007 was $36,816.00. Costs and maintenance was $9,544.00, not including the mortgage. Based upon this number, rental income of the marital property from the date of separation to the current date is $24,544.00, not including the mo>gage payments. Based solely upon the monthly rent of $1,600 per month or $57,600 for the three years of separation minus the yearly costs of $28,632.00 for a final number of $28,968.00. The mortgage for $175,00p was paid down to $145,500 with marital funds at the time of separation. In order to reflect the mon es earned from the rental of the property and the pay down of the mortgage with marital funds, Defendant argues that for valuation purposes, the value at the time of separation (September 24, 2007) should be used with a purchase price that reflects the pay down of the mortgage ($145,000). This gives a equity value of $220,000. Multiple appraisals have b en performed on this real estate due to the length of time required for equitable distribution Defendant is currently having the appraisals examined by her own expert. She is MARITAL PROPERTY TRANSFERRED Description 1 $15,000 legal bill for second opinion in defending court martial due to adultery 2 Wife: $10,000 MFCU joint Checking Account for moving expenses 3 Husband: $15,700 front various accounts for moving expenses Date of Transfer Post-separation Date of Separation Date of Separation Defendant argues that Plaintiff's military costs (no. 1) should be added back for two reasons: (1) the military- legal expenses were incurred for adultery, a cost that Defendant should not have to bear in any form; and 1(2) the military assigns a Judge Advocate General to defend court martial cases, so that these expenses are questionable. Defendant also argues that the moving expenses are unreasonably high given the fact that the military pays for a final movefor service members who are retiring. RETIREMENT BENEFITS Two pensions exist, a Maine Corps pension and an Ohio State government pension. Military Pension To reach the value of the Marine Corps pension, Plaintiff offers a study by Conrad Siegal which shows the following numbers: Gross retired pay $4,724.00 Less: VA Waiver $ 644.00 Divisible Retired Pay $4,080.00 Multiplied by 50% Multiplied by Coverture Fraction .2826 Preliminary Award $ 576.50 Less: SBP Cost $ 307.06 Award to Alternate Payee ! $ 269.44/month Further, Conrad Siegal sta?es that the monies should be paid as alimony. Defendant accepts the bas c numbers but rejects the plan in part, arguing that it is inequitable for the following reason. Plaintiff earned part of his pension during the marriage but, due to his disability, receives mo ies in the form of disability payments which are taken out of the pension. However, Plaintiff i receiving the same amount of money in his retirement that he would have in any case and he is of disabled so as not to be able to work. He earns $50.00 per hour in his current position. Since the government wil? not send the payments directly to Defendant due to the timing of the divorce and the retirement the pension must be divided based upon payments that Plaintiff is receiving. Therefore, no reasoj exists to force wife to bear the costs of the disability. The amount of the VA waiver does not have to be taken out of the gross retired pay and the full amount of the marital earned retirement benefit can be used to calculate Wife's share. Plaintiff also suggests tha Defendant pay the full cost of the survivor benefit plan. This plan is a type of life insurance to uarantee that Wife receives the full value of her share of the pension if Plaintiff dies. Plaintif also by law receives a tax deduction for this benefit. Because of these benefits Ito Plaintiff, the gross retired pay used to calculate Wife's share of the pension should be the gross retired pay of $4724.00. The survivor benefit plan should not be subtracted from her share. $4724 should be multiplied by the coverture fraction of .2826 and then multiplied by the percentage of the estate awarded to Wife. Gross retired pay $4,724.00 Multiplied by Coverture fraction .2826 Award if SBP is split Award at 60% $ 801.00 $ 647.47 Award at 55% $ 734.25 $ 580.72 A final, related issue involves the pension payments that have been received by Plaintiff for the past two years. Some part) of these, based upon the arguments presented above, belong to Defendant. OPERS Defendant's (Wife's) pen ion was earned prior to the marriage. All work for the State of Ohio was completed before she moved to Virginia with Plaintiff. Based upon the computer records print-out provided by OPERS, Wife's Traditional Pension Plan held a value as of July 1, 2000 as follows: Assumed Monthly Pension $902.67 PBGC Rates as of 2/10/2011 4.0 % (years 1-25) 3.93% (years > 25) GAI 4-94 Projected Assumed Annual Post-Retirement COLA 3. Marital Coverture Fraction 0.0 (X/Y where X = 0.0, the estimated years the participant was employed during the marriage and Y = 13.706, the total years of employment) Estimated Present Value $137,886 Present Value of Accrued $0 Benefit Earned During the Marri4ge of 1. Union Bank of California 2. MFCU Checking (Husband) NON-MARITAL PROPERTY Value band) 5100.00 1060.00 MARITAL LIABILITIES Item No. Description of Liabilities Creditors Debtors 1 $1500 Visa bill Visa H 2 $2000 MasterCard bill Mastercard H EXPERT WITNESSES 1 Edward J. Foley Appraisal of Defendant's OPERS Pension Appraisal Services Associates pension. 63 Dudley Road, Billerica, MA 2 Diane Dawson, All Residential Appraising Analysis of Real Estate Appraisals 143 Town & Country Drive #119-139, Fredericksburg, VA, 22405 Exhibits detailing qualifications shall be provided at the Pre-Trial Conference. INCOME Wife is newly employed, earning pproximately $60,000 per year. Husband's monthly earnings: $9198.00 per month. DEFENDANT'S EXPENSES Rent $1295 per month Water/Sewer/Trash $75 (avg.) Cable/Phone/Internet $150 (bundl package) Electric $150 (avg.) Cell Phone $40 (pre-paid cell-relo d at avg. of $40 per month) Paper $18 per month Paper $18 per month Renters Insurance $300 per year pr $25 per month Car Insurance $1005 per year or $84 per month Car Maintenance/Repair $160 p?r month (see additional attachment regarding car repairs) Gas per month $200 (avg.) Prescription co-pays $80 (per month avg.) Medical co-pays $60 per month Groceries $400 per month avg. (floes not include lunches/dinners out) Clothing $100 per month avg. Personal Care $150 per month (h4irdresser, sundries, etc.) Cleaning Supplies $30 per months avg. Lunches/Dinners out $60 per mo th avg. Veterinary bills $263.50 avg. per o. Food for pets $70.41 avg. per moth (see add. attachment regarding food for pets) Total per month $3410.91 1. Length of Marriage: 7.2 years 2. Employment situation of the a) Plaintiff (Husband) is contractor position at $50.00 per b) Defendant (Wife) is c her salaries in the range of $50, 3502 CRITERIA ies: with a pension from the Marines and holds a part time unemployed but has marketable skills that have earned 3. Wife contributed to the earning potential of Husband (Plaintiff) by following Husband from several military posts to which H band was ordered by the Marine Corps. Defendant's salary history in her job in Virginia is as ollows: 2001: total of gross pay of $47,870. 2002: total gross pay of $49,770. 2003: total gross pay of 52,010. 2004: total gross pay of i 54,872. During the first six months of 2005: $31, 949. 2008 - 2010: $50,000 pe? year. This history shows the monies and career potential that she sacrificed for the marriage. Given the setback to her career and her current employment difficulties, Defendant (Wife) should be awarded sixty percent (60%) of the marital estate, based upon the statements given above of the pensions, mar tal residences, and other assets. Non-Pension Assets Total value of marital portion of accounts: $ 83,094.65 Multiplied by.6 (60%) $ 49,856.79 i Total value of equity in ?atsi ue:$219,500.00 (Based upon time of sep on) Multiplied by.6 (60%) $131,700.00 Total value of Wife's car: -$ 1,000.00 Total: $180,556.79 Wife's share of the pensio07 based upon the consideration given above, should be added onto this amount. Respectfully submitted, Brian E. Sipe, sq ' e Attorney for the Defendant ADDENDUM EXHIBIT 6 PASA Pension Appraisal Services. Associates 63 Dudley Road Billerica, MA 41821-4132 Tel (97?) 667-0586 Fax (978) 667-9373 February 10, 2011 Brian Sipe, Esq. 67 Buck Road, B5 Huntingdon Valley, Pennsylvania Re: Dear Attorney Sipe: Based upon the information prom (a/k/a) Ms. Tina Tegtmeyer from. our opinion that the estimated pi should be considered entirely non- 9006 Pension Appraisal us regarding the retirement benefits of Ms. Tina McCobb Ohio Public Employees Retirement System (OPERS), it is it value of the retirement benefit is $137,886 and that it Ms. McCobb was employed in the state of Ohio from 1995 to 1999 and accrued 13.706 years of creditable service in the Ohio Public Employees Retirement System (OPERS). She is vested and eligible for a retirement benefit c mmencing at age 60. Ms. McCobb was married to Charles McCobb on July 4, 2000 and separ, ted on September 1, 2007. At the time of her employment Traditional Pension Plans) where t annuity which is determined by Employees make contributions to 1 monthly amount payable to the p account balance. According to the 'ERS was strictly a defined benefit plan (now called the monthly benefit payable at retirement is in the form of an formula using final average salary and years of service. plan to finance in part the retirement annuity, however the dcipant at retirement has no relevance to the contribution .test available statement (December 31, 2009) from the plan 2 In 2003 legislation modified the retireme t system, creating in addition to the existing "Traditional Pension Plan", two other separate and distinct qualified re ' irement plans, "Member-Directed Plan" (a defined contribution plan) and the "Combined Plan" (a hybrid defined benefit and defined contribution plan). At that time active members were allowed to change from the Traditional Pennon Plan to either of the two new plans. However, terminated employees, such as Ms. McCobb, were not permitted to change plans. her accrued benefit, based on heal service and salary as of her termination of employment in 1999, is $10,832 annually comme Icing at age 60. This benefit is payable in the form of a single life annuity with a 3% post-retire?ent annual COLA, applied to the original retirement amount. Any other form of benefit that my elected would be the actuarial equivalent of the single life annuity. We estimate the present value of at annuity to be $137,886. The methodology employed is that prescribed by the Pension Benefit Guaranty Corporation (PBGC) for valuing annuities. Mortality factors are from the 1994 Group Annuity Mortality Table - projected and current PBGC interest rates of 4.07% for years 1-25 and 3.93% for years >25. The resulting present value is purported by them to reflect the approximate fair market value of an annuity, i.e., the cost to purchase an equivalent annuity in the annuity market place. Details of the assumptions made in this valuation are found o a subsequent page. A participant can, in lieu of a mo rights to a monthly annuity at rety $30,893.64 as of her termination employment, legislation in 200 Additionally, a participant with c additional 67% of the sum of th interest and additional 67% amour It is our opinion that in an immed annuity rather than the present N reasonable person would not choc 58% of its full fair market value. contribution accounts in govern FERS, as fair representation of the of these pensions would be very si argue that the present value of ($137,886) and not the present valt hly annuity, obtain a refund of contributions. However, any ment would then be forfeited. Her contributions amounted to fate. During the marital period, but after her termination of awarded interest to be credited to those contributions. er ten years of service would be entitled in a refund to an contributions and interest. As of December 31, 2009 the totaled $49,430.40 for a grand total of $80,324.04. to offset distribution that the present value of the retirement ue of the contribution account should be considered. A all thing being equal, to receive a retirement asset that is Moreover, it is our experience that courts do not consider ital plans, such as this, or Pennsylvania SERS, CSRS or slue of the retirement asset. If it were not so then valuations iple, the contribution account balance. We would therefore e defined benefit retirement asset is that of the annuity of the contribution account. The issue of what portion, if any, of a defined benefit retirement plan is marital versus non- marital is controlled by 23 Pa.. C.S. §0501 (c): (c) Defined benefit retirement (1) In the case of the marital por means of a deferred distribution, i and nonmarital portions solely by fraction shall be the number of mo the numerator shall be the number finally separated. The benefit to laps.--Notwithstanding subsections (a), (a.1) and (b): n of a defined benefit retirement plan being distributed by defined benefit plan shall be allocated between its marital e of a coverture fraction.. The denominator of the coverture is the employee spouse worked to earn the total benefit and such months during which the parties were married and not hich the coverture fraction is applied shall include all postseparation enhancements except for enhancements arising from postseparation monetary contributions made by the employe spouse, including the gain or loss on such contributions. (2) In the case of the marital portion of a defined benefit retirement plan being distributed by means of an immediate offset, the defined benefit plan shall be allocated between its marital and nonmarital portions solely by use of a coverture fraction. The denominator of the coverture fraction shall be the number of i as of a date as close to the time number of such months during i benefit to which the coverture jr, up to a date as close to the time from postseparation monetary ca loss on such contributions. zths the employee spouse worked to earn the accrued benefit trial as reasonably possible and the numerator shall be the :ch the parties were married and not finally separated. The ion is applied shall include all postseparation enhancements trial as reasonably possible except for enhancements arising made by the employee :spouse; including the gain or Following this definition the deno ator of the fraction would be 13.706 years. The numerator would be zero, as the phrase "the umber of such months during which the parties were married and not finally separated" clearly r fers to such months that the employee spouse worked during the marital period to earn the accru benefit. We have therefore reached the fol (1) The benefit accrued employment that was (2) The present value of the fair market value i (3) The benefit that will 1 increased by the contributions. (4) The marital coverture of the present value is Please call if you have any Sincerely, Edward J. Foley Principal wing opinion and conclusions: nder the defined benefit OPERS plan was the result of itirely pre-marital. e annuity, not the value of the contribution account, reflects the retirement asset. payable to the participant as a monthly benefit has not been st-termination formula modification to the refund of be applied to the present value of the annuity is zero and all or if we can be of further service. PASA Pension Appraisal Services Associates 63 Dudley Road Billerica, MA 01821-4132 Tel (978) 667-0586 Fax (978) 667-9373 February 10, 2011 Participant's Name: Plan Name: Date of Birth: Gender: Date of Marriage: Date of Employment: Date of Termination: Cut-off date: Assumed Monthly Pension Accrued Method: $! Annual Benefit Statement Actuarial Tables5nterest Rate PBGC Rates as of 10- Mortality Table Used: Assumed Annual Post-Retirement Cost Of Living Adjustment (COL, Marital Coverture Fraction (X/Y): Represents the portion of I X: 0.000000 - the es1 marital period. Y: 13.706000 - the e; termination date. Estimated Present Value of Present Value of Accrued Benefit Earned During Marriage abb, Tina Public Employees Retirement System (OPEI[2S) 1964 ul-2000 Per month ($10,832 annually), per the participant's fiber 31, 2009. 1: 4.07% (years 1-25) 3.93% (years > 25) GAM-94.Projected 3.0% - applied to original benefit amount 0.000000 pension value. accumulated during the marriage ated years the participant was ' employed during the total years the participant was employed up to the Benefit: $137,886 $0.00 (adjusted for marital coverture) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CHARLES W. McCOBB, Plaintiff ) DOCKET NO. 2008 - 4390 PACSES Case Number: 77411220 o -,'I TINA L. TEGTMEYER, ) CIVIL ACTION - LAW Mr 2:;0 .. r- Defendant ) IN SUPPORTA REQ UEST FOR HEARING DE NOVO a AND NOW, comes Plain tiff, Charles W. McCobb, by and through his attorney, - .-? , . Howett, Kissinger & Holst, P.C., who hereby requests a hearing de novo on the claim for alim ony pendente lite filed by Defendant, Tina L. Tegtmeyer, formerly McCobb. Date of Order: Amount of Order: Date of Request for Hearing De Novo: Reason for Request: May 11, 2011 $1,500 per month plus $150 per month on arrears. June 1, 2011 The conference officer erred, inter alia, in the following ways: 1. By ordering $1,500 in alimony pendente lite where Defendant failed to establish a need, a prerequisite for receipt of alimony pendente lite. 2. By establishing as the effective date of the order the date of filing for the request for alimony pendente lite, when Defendant had agreed to a later effective date in exchange for Plaintiff's consent to a continuance of a proceeding before the Divorce Name of Party Requesting Appeal: Signature of Attorney for Plaintiff: W. #Ac?A' bb, Plaintiff slay B? afn, Esquire OW T, KISSINGER &? T 130 Walnut Street, P.O. Bo Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Charle NI( c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CHARLES W. McCOBB, Plaintiff V. TINA L. TEGTMEYER, Defendant DOCKET NO. 2008 - 4390 PACSES Case Number: 774112227 CIVIL ACTION - LAW IN SUPPORT CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Charles W. McCobb, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Request for Hearing De Novo was served upon Nathan C. Wolf, Esquire, counsel for Tina L. Tegtmeyer, Defendant, by fax and depositing same in the United States mail, first class, on June 1, 2011, addressed as follows: Date: TIC I } ? o 1 I Nathan C. Wolf, Esquire WOLF & WOLF 10 West High Street Carlisle, PA 1013-2922 slVaut e, Esquire OSSINGER & HOLST, P.C. 130 Street P.O. 10 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Charles W. McCobb In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION "TINA L. TEGTMEYER, ) Docket Number 08-4390 CIVIL Defendant/Petitioner ) vs. ) PACSES Case Number 774112227 -A CHARLES W. MCCOBB, )Other State ID Number n c ? t Plaintiff/Respondent ) T, r ? -0 ORDER OF COUR T C` You, CHARLES W. MCCOBB, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013, on the 8th of August, 2011, at 1:30 p.m., for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: ,f . , w TEGTMEYER V. MCCOBB PACSES Case Number 774112227 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: ?K I Date of Order: Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. 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 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-514 t In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TINA L. TEGTMEYER, Defendant/Petitioner vs. CHARLES W. MCCOBB, Plaintiff/Respondent Docket Number PACSES Case Number Other State ID Number ORDER OF COURT 08-4390 CIVIL 774112227 You, TINA L. TEGMEYER, are ordered to appear at the DOMESTIC c? co u -v w w RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013 on the 8th of August, 2011 at 1:30 p.m., for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: -rt =.a TEGTMEYER V. MCCOBB PACSES Case Number 774112227 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order:'' .r`pr Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. 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 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-514 CHARLES W. MCCOBB, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA N V. c DOMESTIC RELATIONS SECTIOISR&C z? z TINA L. TEGTMEYER, PACSES NO. 774112227 Defendant/Petitioner DOCKET NO. 08-4390 CIVIL TER%C >C-, ORDER OF COURT a? rv -r r cr7 AND NOW, this 20th day of June, 2011, this matter having been -c scheduled for a hearing de novo before the Support Master on the Wife's claim for alimony pendente lite, and the parties having reached a comprehensive Marital Settlement Agreement dated June 16, 2011 resolving all outstanding marital claims, upon recommendation of the Master it is ordered and decreed as follows: 1. The interim order of May 11, 2011 awarding alimony pendente lite to the Wife is hereby vacated. 2. Reimbursement of any payments heretofore made by the Husband to the Wife pursuant to said temporary order of support shall be resolved according to the provisions contained in paragraph 6 of said Marital Settlement Agreement. 3. The Wife's claim for alimony pendente lite is dismissed. 4. The hearing scheduled before the Support Master for August 8, 2011 is cancelled. ?i Albert H. Masland, J. Cc: Charles W. McCobb Tina L. Tegtmeyer Leslie J. Beam, Esquire For the Husband Nathan C. Wolf, Esquire For the Wife m D. ca DRO/rjs ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania Co./City/Dist. of: CUMBERLAND Date of Order/Notice: 06/211111 Case Number (See A en um for case summary) Employer/V ithholder's Federal EIN Number USDA NFC ABCO PO BOX 61765 NEW ORLEANS LA 70161-1765 RE: MCCOBB. CHARLES W. D9- 439b cm 1 O Original Order/Notice O Amended Order/Notice & Terminate Order/Notice 0 One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 264-43-2707 Employee/Obligor's Social Security Number 5115102372 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania . By law, you are required to deduct these amogts from the above-named employee's/obligor's income until further notice even if the Order/Notice is r@j iss&d t*your State. C $ 0.00 per month in current child support rn C rn- $ 0.00 per month in past-due child support Arrears 12 weeks or greater? 12P ?p qr, 1: $ 0.00 per month in current medical support ? s tNV 8 $ 0.00 per month in past-due medical support to o $ 0.00 per month in current spousal support ?.- P, n $ 0.00 per month in past-due spousal support N o p $ 0.00 per month for genetic test costs Ti g $ 0.00 per month in other (specify) rn' $ one-time lump sum payment for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identirier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ? _ - BY THE COURT: Service Type M OMB No.: 0970-0154 AIl:)er? I al Id, Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS F-1 If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 7205648340 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: MCCOBB CHARLES W. EMPLOYEE'S CASE IDENTIFIER: 5115102372 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCCOBB, CHARLES W. PACKS Case Number 774112227 PACKS Case Number Plaintiff Name Plaintiff Name TINA L. TEGTMEYER Docket Attachment Amount Docket Attachment Amount 08-4390 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN-028 Worker ID $IATT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES W. MCCOBB, ) Plaintiff ) V. ) TINA L. TEGTMEYER, nee MCCOBB, ) Defendant ) NO. 2008-4390 ° c CIVIL ACTION - LAW ' ZD IN DIVORCE C.7. `. , PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on July 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above 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: -11?J`aqa Charles W. Mc Cobb, Plaintiff CHARLES W. McCOBB Plaintiff V. TINA L. TEGTMEYER, (formerly TINA L. McCOBB) Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 20084390 CIVIL : IN DIVORCE TcO r? e ci c_ N C) - -rt "? C:3 -?; 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 9mc 2011 L. T M R ' - ) CHARLES W. McCOBB : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYI.V" NO. 2008-4390 CIVIL ??'`' ` E TINA L. TEGTMEYER, (formerly TINA L. McCOBB) - ° _a ' Defendant : IN DIVORCE 3:10 , - 1 DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about July 22, 2008 and served upon counsel for defendant on July 31, 2008 (see affidavit of service filed August 8, 2008). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. . 2011 T L. TE T t iL[i!?(-+T1 its A 2011,lU 20 AM 10: 1; CUMBERLAHID l: -aye` f 'ENN 1Yl.VAMI ` MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN CHARLES W. McCOBB AND TINA L. TEGTMEYER Lesley J. Beam, Esquire Nathan C. Wolf Esquire HOWETT, KISSINGER & HOLST, P.C WOLF & WOLF 130 Walnut Street 10 West High Street P.O. Box 810 Carlisle, PA 17013-2922 Harrisburg, PA 17108 Telephone: (717) 241-4436 Telephone: (717) 234-2616 Counsel for Tina L. Tegtmeyer Counsel for Charles W. McCobb MARITAL SETTLEMENT AGREEMENT 4. THIS AGREEMENT is made this ? day of 2011, by and between Charles W. McCobb, of Stafford, Stafford County, Virginia, and Tina L. Tegtmeyer, of Phoenix, Maricopa County, Arizona; WMESSETH: WHEREAS, Charles W. McCobb (hereinafter referred to as "Husband") was born on December 29, 1961, and currently resides at 103 Theresa Drive, Stafford, Stafford County, Virginia 22555. WHEREAS, Tina L. Tegtmeyer, formerly McCobb, (hereinafter referred to as ")Arife") was born on February 3, 1964, and currently resides at 113 West Desert Hills, Phoenix, Maricopa County, Arizona 85086; WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 4, 2000 in Stafford, Virginia; WHEREAS, the parties have lived separate and apart since September 24, 2007; WHEREAS, no children were born of the marriage between the parties; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Lesley I Beam, Esquire for Husband and Nathan C. Wolf, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts this Agreement is, in the circumstances, fair and equitable; it is being entered into freely and voluntarily; and the execution of this Agreement is not the result of any duress or undue influence. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging the terms and conditions set forth herein are fair, just and equitable to each of the parties, and, except as otherwise set forth herein, waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or 2 the Pennsylvania Rules of Civil Procedure. Each of the parties fiuther acknowledges he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees any right to fiuther disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants he or she is not aware of any marital asset which has not been disclosed to the other party prior to the execution of this Agreement. The parties hereby acknowledge and agree the division of assets as set forth in this Agreement is fair, reasonable, equitable and satisfactory to them. Each of the parties hereto finther covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein there was a denial of any rights to full disclosure, or there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, five separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, 3 occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. Neither party shall disparage, defame, or speak publicly in a derogatory fashion as to the other party or his or her businesses. Further, the parties agree not to interfere with or disrupt the other party's business endeavors. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that, on July 22, 2008, Husband initiated a divorce action under the no-fault provisions of the Divorce Code by filing a Complaint docketed to number 20084390 in the Court of Common Pleas of Cumberland County. The parties acknowledge that the ninety (90) day waiting period provided under Section 3301(c) of the Divorce Code has expired. Therefore, contemporaneously with the execution of this Agreement, each party will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband who shall promptly submit all documents necessary to precipitate the entry of a divorce decree. The complaint for divorce docket to number 2008-4390 is captioned with the married name of Wife as the Defendant. Wife shall file the appropriate documentation to reflect the change of her name to her maiden name on the docket and caption accordingly. 4 5. EOUITABLE DISTRIBUTION. (a) Real Estate. Husband is the titled owner of a certain house and lot and all improvements thereupon situated at 103 Theresa Drive, Stafford, Stafford County, Virginia 22555 (hereinafter both the residence and the lot are referred to collectively as the "Residence"). The parties agree as follows with respect to the Residence: (1) Husband shall remain the sole and exclusive owner of the Residence and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Residence. (2) All title policies and any other policies of insurance with respect to the Residence already reflect Husband as sole owner thereof and Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs. (b) Furnishings and Personalty. (1) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. (2) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently in his possession. 5 (c) Motor Vehicles. (1) Husband shall retain possession of, and receive as his sole and separate property, the 2003 Chevy Trailblazer currently titled in Husband's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. (2) Husband agrees Wife shall retain possession of, and receive as her sole and separate property, the 2000 Pontiac Grand Prix currently titled in Wife's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (d) Life Insurance. The parties acknowledge and agree each shall retain as his or her sole and separate property, any and all life insurance policies in his or her name, free of any right, title and interest of the other party. (e) Pension and Retirement Bents. Except as specifically set forth below, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, 6 employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Husband is the owner of a United States Marine defined benefit pension (hereinafter "Military Pension") which is currently in pay status and administered by the Defense Finance and Accounting Service. The parties acknowledge and agree that upon retirement Husband elected a survivor annuity with coverage for spouse. The parties agree that Husband shall be entitled to receive and retain the entirety of each monthly pension payment from the Military Pension during his lifetime, and Wife hereby waives any and all right, title, claim or interest in and to said monthly pension payments during Husband's lifetime. However, the parties agree that after divorce, Wife shall continue to be named as survivor beneficiary. Husband shall comply with military requirements to convert the survivor benefit coverage to former spouse coverage and will provide notification to Wife within 90 days from execution of this Agreement. The parties acknowledge that any survivor benefits ultimately paid shall be paid directly to Wife pursuant to said former spouse beneficiary designation. Husband shall continue to be fully responsible for any and all costs, including, but not limited to, SBP premiums, associated with maintenance of Wife's status as a former spouse survivor beneficiary. (fl Cash Accounts. Stocks and Investments. (1) Wife agrees Husband shall receive as his sole and separate property the following cash accounts, stocks and investments: the TRowe Price Capital Appreciation account, the TRowe Price New Asia account, the TRowe Price Blue Chip account, the TRowe Price Health Science account, the Alcatel Lucent stock, his Marine Federal Credit 7 checking account with the last four digits of #0009, the Marine Federal Credit Union share savings account in his name, his Marine Federal Credit money market account with the last four digits of #0013, his Marine Federal Credit 60 month IRA account with the last four digits of #0040, his Marine Federal Credit 60 month IRA with the last four digits of #0041, his Marine Federal Credit 24 month IRA with the last four digits of #0042, his Marine Federal Credit 24 month share account, his USAA Mutual Fund/Growth Fund account, his USAA Mutual Fund/Income Stock account, his Union Bank of CA checking account, and any other cash accounts, stocks and investments held in Husband's name. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stocks and investments and the monies contained therein. (2) Husband agrees Wife shall receive as her sole and separate property the following cash accounts, stocks and investments: the Marine Federal Credit Union savings account in her name, the Marine Federal Credit Union Checking account in her name, the Marine Federal Credit Union Roth Account in her name, and any and all other cash accounts, stocks and investments titled solely in her name. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stocks and investments and the monies contained therein. (3) The parties acknowledge and agree all jointly titled savings and checking accounts have heretofore been closed with any funds remaining therein divided between the parties. Each party agrees to waive, relinquish and release any and all past, present or future, right, title, claim or interest in and to any monies received by the other out of the now 8 closed jointly titled savings and checking accounts, including, but not limited to, any property acquired therewith. (g) Equitable Distribution Pav,, nts Husband agrees that he shall pay to Wife as and for equitable distribution the sum of $62,400, $20,000 of which shall be paid to Wife within 10 calendar days of this Agreement, and the remainder of which shall be paid to Wife within 60 calendar days of this Agreement. Husband shall deposit these sums directly into Wife's account at Marine Federal Credit Union, Account **9188. Husband shall be entitled to reduce his obligation under this sub-paragraph dollar for dollar against any monies received by Wife pursuant to her alimony pendente lite claim. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein but otherwise disclosed to the other party, shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer and waiver of any and all rights in such property from each to the other. (i) Property to Wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 9 (j) Property to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) After Acquired Procerty. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be it real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes, as though he or she were unmarried. (1) Liabilities. (1) Including those liabilities identified elsewhere in this Agreement, Wife shall be solely liable for all debts in her name alone. Wife shall indemnify and hold Husband and his property harmless from any and all her debts, obligations and liabilities under this Agreement. (2) Including those debts identified elsewhere in this Agreement, Husband shall be solely liable for all debts in his name alone, including, but not limited to, the Elan Incorporated Visa and his USAA Federal Savings MasterCard. Husband shall indemnify and hold Wife and her property harmless from any and all debts, obligations and liabilities under this Agreement. 10 (m) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (n) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Wife in connection therewith. (o) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. (p) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use 11 only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. ALIMONY. ALIMONY PEIVDEIVWE MM, and SPOUSAL SUPPORT. Except as specifically set forth below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. The parties agree that submission of this fully executed Agreement to the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania shall operate as a withdrawal of Wife's claim for Alimony Pendente Lite at Docket #2008-4390, PACSES #774112227, and her spousal support claim at Docket #00313-5-2011, PACSES #100112392 and that any funds held by the Pennsylvania Support Collection and Disbursement Unit (PaSCDU) shall be refunded to Husband upon submission of this Agreement to the Domestic Relations Section. In the event that Wife has received any disbursements under this order, 12 Husband shall be entitled to deduct said disbursements, dollar for dollar, from his equitable distribution payment referenced above in Paragraph 5(g). The above notwithstanding, commencing June 1, 2011, Husband shall pay directly to Wife alimony in the amount of Three Hundred Dollars ($300) per month, which shall be paid in monthly installments on or before the first (1') of each month, with the exception of the first payment, which the parties acknowledge to have been made on June 4, 2011. Husband shall, unless mutually agreed to the contrary in writing, make these payments directly into Wife's Marine Federal Credit Union account, account # **9188. In the event that this account is closed or terminated, Wife shall provide written notice to Husband in accordance with paragraph 18 herein of her new account information within twenty (20) days of such change occurring. Husband's inability to make deposits to the account specified in this Agreement as a result of Wife's actions shall not place Husband in violation of this Agreement. Husband shall remain responsible for the amount due to Wife, and shall ensure his payments are current within twenty (20) days of his receipt of notice of the change to Wife's account. Husband's obligation to provide alimony shall be non-modifiable in duration or amount, it being understood the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Husband's obligation to provide alimony shall terminate absolutely upon the first to occur of either the death of Wife or the death of Husband. The parties acknowledge and agree that the alimony payments from Husband to Wife pursuant to this Agreement are considered "alimony" for federal income tax purposes and are intended to be deductible by Husband on his individual tax return and includable as income on Wife's return for tax purposes. Each party agrees he or she will file tax returns consistent with the terms of this 13 Agreement, and both Husband and Wife acknowledge the failure to do so shall be deemed a breach of this Agreement. 7. TAX MATTERS. The parties have filed separate personal, federal and state tax returns for the tax years 2008, 2009 and 2010. The parties have previously filed joint federal and state returns, however. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed for any tax year in which the parties jointly filed, each will be responsible for payment of half of such tax, and half of any interest, penalty or other expense arising therefrom, and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the even that any refund is received after the execution of this Agreement from any joint filing from a previous year, the parties hereby agree that the refund shall be split equally between the two parties. 8. MEDICAL INSURANCE COVERAGE. Husband and Wife agree that each is currently carrying medical insurance coverage for him or herself. Effective the execution date of this Agreement, neither party shall be obligated to provide medical insurance coverage for the other. Each party agrees to be solely responsible for acquiring and maintaining his or her own health insurance. 9. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will 14 or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to § 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and 15 forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each parry hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations 16 arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABHATY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof 17 shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party the costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Charles W. McCobb 103 Theresa Drive Stafford, Virginia 22555 and to Wife, if made or addressed to the following: Tina L. Tegtmeyer 113 West Desert Hills Phoenix, County, Arizona 85086 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain m full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19 24. AGREEMENT BODING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. NO INTENDED i M-PARTY BENEFICIARIES. This Agreement constitutes a contract binding between the aforementioned parties and those parties only. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 26. ENTIRE AGREEMENT. Each party acknowledges he or she has carefully read this Agreement; he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties, it being agreed both parties have participated fully in the preparation thereof. 27. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that 20 party shall pay to the other party the attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 28. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS Charles W. McCobb T' T e er 21 fig COMMONWEALTH OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Charles W. McCobb, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / (- day of 2 - )2011. Notary Public in and for Commonwealth ofiRtansyboia Typed or printed name of Notary: ?- i' My commission expires:-& EZI `f motet Ann Kellner No" ,Public, District of Colwnbis 0# CalMllesion Expired $116/2014 22 STATE OF ARIZONA 'i*q-Q-Aj COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Tina L. Tegtmeyer, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _Z6 day of 2011. MARTHA R. ORNER Notary pubfic - Arizona Mahcopa County Expires 0+108/2015 Not Public in and for State of Arizona ' Typed or printed name of Notary: ?Z 119 ??E2 My commission expires: 23 CHARLES W. McCOBB, Plaintiff VS. TINA L. McCOBB, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4390 CIVIL IN DIVORCE ORDER OF COURT , AND NOW, this 2_q t4 day of (:" .1 _ 2011, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated June 16, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, V ?X' - r,' //' Kevin . Hess, P.J. cc: I/ Lesley J. Beam Attorney for Plaintiff ? Nathan C. Wolf C- Attorney for Defendant Z? 'urn ?s rna I? G?a9?i? Cc? ..?A 0 aD p z 4 ? w w T? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ca CHARLES W. MCCOBB, ) X --', Plaintiff ) NO. 08-4390 M ' -G N v C: ' TINA L. TEGTMEYER ' (FORMERLY MCCOBB), CIVIL ACTION - LAW ) ..--- Defendant ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by certified mail on July 31, 2008; Affidavit of Service filed on: August 8, 2008. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, June 16, 2011; by defendant, June 10, 2011. 4. Related claims pending: All claims resolved by Marital Settlement Agreement dated June 16, 2011. No related claims pending. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: contemporaneously herewith; date Defendan' Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: contempor eously her th. VaUw ? =a Aey a ,Esquire T , KI SINGER & HOLST, P.C. c -o o? 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 W Counsel for Plaintiff, Charles W. McCobb c.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Charles W. McCobb V. Tina L. Tegtmeyer (formerly McCobb) DIVORCE DECREE AND NOW, Gt < 6 0?0 `j it is ordered and decreed that Charles W. McCobb , plaintiff, and Tina L. Tegtmeyer (formerly McCobb), defendant, are divorced from the bonds of matrimony. 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. By the Court, No. 2008-4390 Attest: J. Prothonotary ,. I.1/- Bell wl ?Iob .C e ? 601 ,,?, /,0,/ /V Rfy ?a/1'°d -/V A? wok