Loading...
HomeMy WebLinkAbout08-4734HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF TAMAR R. MOATZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2008 - `x'73 `/ CIVIL TERM GORDON A. MOATZ, JR., . Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 TAMAR R. MOATZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2008 - ` l 3 ?t -CIVIL TERM GORDON A. MOATZ, JR., - Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is TAMAR R. MOATZ, an adult individual residing at 157 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is GORDON A. MOATZ, JR., an adult individual residing at Cumberland County Prison, Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on April 8, 1995, in Fayetteville, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein 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. August 5, 2008 4RTAM R. MOATZ, Plainti HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 TAMAR R. MOATZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2008 - D W / CIVIL TERM GORDON A. MOATZ, JR., Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. August 5, 2008 , , Plainti T4RA. RMOATZ 73 C r ; t '7 r• r YT Ir ,4r -: IV HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF TAMAR R. MOATZ, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GORDON A. MOATZ, JR., Defendant : CIVIL ACTION - LAW : NO. 2008 - 4734 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on August 15, 2008, addressed to the defendant at 1101 Claremont Road, Carlisle, PA 17013 Certified Mail No. 7007 2680 0003 0343 6625. 3. A copy of the sender's and signed receipt are attached hereto. 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. August 15, 2008 Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 Ln ti .a MI m bb Postage 0 ?CertRl§d Fee M Postmark C3 Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement Required) ?.? 43 ,0 Total Postage & Fees ru M1 Sent T n - ? O ................ .. Street Apt. No.; TS_ _... .. __._.. . __.__.... or PO Box No. `Q ................................ ..... . City, tWists, ZI +4 -*' At, - R 1.2. and"3. ft0 Aim 4 if Restrlabed ©aUvery is disk-ad.. ¦ Pr?._ yaw name and address on the reverse so that we can return the card to you. W At tvift card to the bark of the maiipiece, or on the front If space permits. 1. Article Addressed to: GORDON A MOATZ CUMBERLAND C'TY PRISON 1101 CLAREMONT RD CARLISLE PA 17013 A. Agent Received (Prl?Hed ) C. ery D. Is delivery address dMietent from item 11 ? If YES, enter delivery address below: ? No 3. Service Type PM-01 Ck3 ? Paturn Mail ? ? Rettxn Recalpt for Merchandise ? Insured Mail ? C.O.D. 4. Resh1ded DMNIayP 05&o Fee f YIs 2. Article Number - v (r/anS(wftmSenice iiI1W 7007 2680 OQD3_-_0343- 6625 PS Form 3811, February 2d04 DarnaMic Rearm FNelelpt 102595-024A-1540 EXHIBIT "A" N ;? ? ..? F? <? GJ ?` ?? ? ???' .. ?r ? ? _. «..? - ABOM cST I?uTLILAKIS Michelle L Sommer, Esgxre Attorney I.D. No.: 93034 2 Wrest High Street Carlisle, Penng1vania 17013 (717) 249-0900 TAMAR R. MOATZ Plaintiff v. GORDON A. MOATZ, JR, Defendant PILED F, 2010J N28 h1 31:2u Cl.e ? r f ?'•? f?E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-4734 CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Gordon A. Moatz, Jr., in the above-captioned matter. 50 East High Street Carlisle, PA 17013 (717) 258-8558 PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Gordon A. Moatz, Jr., in the above- captioned matter. Respectfully submitted, ABom & KUTULAKi4 L.L.P. 1 DA-M 112b I io ??ruLa Michelle L. Somm , Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 Paul Orr, Esquire Paul Bradford Orr Law Offices i OM & I?LIABTLILAKIS 14ichel& L Som.wer. I, fquzir . laorney 1.1). A a: %30`4 ? It er/ Ili;6.S6Yrl 249-0900 TAMAR R. MOATZ Plaintiff/Petitioner V. GORDON A. MOATZ, JR, Defendant/Respondent RLM? nc Tt r cs^ FTA x1`1170 FM 3:20 CUMBE:'s? 'qL) WUNTY PENNISYI.VANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-4734 CIVIL ACTION - LAW IN DIVORCE RESPONDENT'S ANSWER & COUNTERCLAIM TO PETITIONER'S COMPLAINT IN DIVORCE AND NOW this 26th day of August, 2010, comes the Respondent, Gordon A. Moatz, Jr., by and through his undersigned counsel, Michelle L. Sommer, of Abom & Kutulakis, L.L.P., and who respectfully sets forth the following Answer and Counterclaim to Petitioner's Complains- in Divorce and avers the following: ANSWER TO COMPLAINT IN DIVORCE 1. Denied. It is specifically denied that the Petitioner is still residing at what was the marital residence. By way of further answer Petitioner has now relocated to 160 Hamilton Avenue, Waynesboro, Franklin County, PA, 17268, with her paramour, Wayne Kopecek. 2. Denied. It is specifically denied that the Respondent is still residing at the Cumberland County Prison. By way of further answer Respondent was released 39.'0 C- '--k ??y I on May 12, 2009, and has since relocated to 131 Stony Brook Drive, York, York County, PA, 17402, with his paramour, Andrea Downey and 2 children; Catriona Downey (age 12) and Gavin Downey (age 10). 3. Admitted. 4. Admitted. 5. Admitted. 6. Respondent is unable to admit or deny this averment. NEW MATTER COUNT I - COUNTERCLAIM FOR REQUEST FOR A NO-FAULT DIVORCE UNDER 53301 d) OF THE DIVORCE CODE 7. Paragraphs one (1) through six (6) are incorporated herein by reference as though set forth in full. 8. Divorce is sought pursuant to the provisions of the Divorce Code, §3301(d), in that: a. Plaintiff and Defendant have lived separate and apart since May 15, 2008 and continue to do so. J COUNT II - COUNTERCLAIM FOR EQUITABLE DISTRIBUTION UNDER 53502 of the DIVORCE CODE 9. Paragraphs seven (7) through eight (8) are incorporated herein by reference as though set forth in full. 10. Respondent hereby avers that the parties have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to §13502(a) of the Divorce Code. 11. Respondent requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Respondent respectfully requests that this Honorable Court enter an Order of equitable distribution of marital property pursuant to ?3502(a) of the Divorce Code. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. 7 Date Michelle L. Sommer, Esquire Attorney I.D. No.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Ke. bondent VERIFICATION I, GORDON A. MOATZ, JR., verify that the statements made in this Kespondents Answer and Counterclaim to Petitioners Complaint in Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. 'i Dated' GORDON A. MOATZ, J. CERTIFICATE OF SERVICE AND NOW, this 26th day of August, 2010, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Respondents Answer and Counterclaim to Petitioner s Complaint in Divorce to the Petitioner by First Class U.S. Mail at the following address: Harold S. Irwin, III, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Attorney for the Petitioner Michelle L. Sommer, Esquire TAMAR R. MOATZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 08-4734 CIVIL ACTION - LAW GORDON A. MOATZ, JR, Defendant IN DIVORCE MOTION F OR APPOINTMENT OF MASTER 0 GORDON A. MOATZ, JR., Defendant, moves the Court to appoint a Maste r ject 4 4 to the following claims: ?? r l X Di Di ib f P X i [ ] vorce str roperty [ ] ut on o y. [ ] Annulment [ ] Support o [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses _j and in support of the Motion the Defendant states: Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by his attorney, Harold Irwin, III, Esquire. 3. The statutory ground(s) for the divorce are: §§3301(c) & (d) 4. The action is contested with respect to the following claims: None. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: None. DATE Ci 1?2_110 Michelle L. So er, Esquire Attorney for Defendant AND NOW, 2010, , Esquire, is appointed Master with respect to the following claims: BY THE COURT, J SEP 3 3 Mu TAMAR R. MOATZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO 08-4734 CIVIL ACTION - LAW GORDON A. MOATZ, JR, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER GORDON A. MOATZ, JR., Defendant, moves the Court to appoint a Maste re ect? to the following claims: X Di X Di ib i f P vorce str ut on o roperty [ ] Annulment [ ] Support T [ ] Alimony [ ] Counsel Fees C: o c.n =- [ ] Alimony Pendent Lite [ ] Costs and Expenses 1 and in support of the Motion the Defendant states: A Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by his attorney, Harold Irwin, III, Esquire. 3. The statutory ground(s) for the divorce are: §§3301(c) & (d) 4. The action is contested with respect to the following claims: None. The action does not involve complex issues of law or fact. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: None. DATE Cll 2 110 Michelle L. So er, Esquire Attorney for Defendant Q AND NOW, 4222?? ? 2010, ('1117 0_"'4 ,? Esquire, is appointed Master with respect to the following claims: 3. 4 a:. R.,.y -4I • BY THE COU T, rAZ21 'OOP J. LAW OFFICES OF JEFFREY S. EVANS 2025 East Main Street Waynesboro PA 17268 Phone 717-762-1415 Fax 717-765-0172 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA C= C-5 1 AMAR R. MOATZ., Civil Action - Law rnco -M - Qzn? © ---j Plaintiff : r- No. 2008 - 4734 Civil Term GORDON A. MOATZ, JR., g 6l Defendant IN DIVORCE c - Q__ _? ` - r- :L PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter as attorney for Plaintiff, Tamar R. Moatz. Date: + I l l? ?O l b By J qmye ans tr 2025 East Main Street Waynesboro, PA 17268 717-762-1415 Pa Atty. ID No. 55654 L) t TAMAR R MOATZ Plaintiff V. GORDON A. MOATZ, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-4734 CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT The Defendant, Gordon A. Moatz, Jr., files the following Pre-Trial Statement LIST OF ASSETS - MARITAL AND NON-MARITAL The Defendant, Gordon A. Moatz, Jr., requests a stipulation that the date of final separation was May 15, 2008. The inventory is supplemented with the values of the marital and non-marital property on the attached charts: e O 'b u a? C". a? a? O O '4 t'"' O O O O O a v \ O N \ ? ? ? A O N c? °o r- 0 0 0 0 +?., cV C V ? N 464 u 4 0 0 O H I? c? z 4-4 0.4 4.4 I O U =4 b o 4-4 y ? U 00 CN C\ N ? O z ?+ N ?Il O u U b u O .? Q O c? O O V 0 -d 4-4 x o a? o ? U •? O U .0O 4.4 00 O C*-, a? v ar?+ U N w O ? O z A 00 O O N ?? N z H W A E 0 'b a? 4-4 9 O a? w O ? °A 00 C, o (I1 00 O ? C's N r. p O O A ce o U H +.+ Ci V Ri 1.? O p V V O u 00 O v N z A N 0 w a? ? U x w 0 0 a a A ? o P-4 z N N N ° z T N cn EXPERT WITNESSES: None at this time. Defendant reserves the right to call expert witnesses, if necessary. OTHER WITNESSES Gordon A. Moatz, Inc., Defendant Tamar Moatz, Plaintiff, as on cross. Defendant reserves the right to call additional witnesses, if necessary. EXHIBITS: Exhibit A - Plaintiffs Manitowoc 401(k) Statement Exhibit B - Plaintiffs CitiFinancial Loan Agreement Exhibit C - Defendant's Statement from Monarch Recovery Management, Inc. Exhibit D - Plaintiff & Defendant's Statements from the IRS Exhibit E - Invoice from Wagman's Auto Sales from 1998 Jeep Grand Cherokee Trade-in by the Plaintiff Exhibit F - Inventory From for the Defendant DEFENDANT'S GROSS INCOME: See attached pay stub from 1/16/2011, for the Defendant, Exhibit G. See attached 2010 W-2 for the Defendant, Exhibit H. PERSONAL PROPERTY: NONE. MARITAL DEBTS: NONE. PROPOSED RESOLUTION OF ECONOMIC ISSUES: The Defendant has been trying, unsuccessfully, to resolve this matter for over a year. The Defendant is asking for 50% of the Plaintiff's 401(k) since all of the $28,900.27 is martial property. He is asking that the Defendant accept responsibility for her CitiFinancial loan and he will accept responsibility of his American General Finance loan which is now with Monarch Recovery Management, Inc., since these debts are about equal in value. As for the IRS debt, the Defendant is asking that the Plaintiff be responsible for her share of this debt as it was acquired during the marriage and the IRS is seeking payment from both parties. The Plaintiff when she left the marriage took the 1998 Jeep Grand Cherokee with her; however, she decided to trade this in without the Defendant's permission. As you will see from the sales invoice, she traded it in for a 2003 Nissan Murano and received $1,200.00 which was applied to her new purchase. However, she failed to reimburse the Defendant for one-half of the trade-in allowance she received during the sale as the jeep was martial property. Consequently, the Defendant is asking for $600.00 from this trade-in in 2009. Defendant, is asking for a payment from Plaintiff of $16,092.14 representing his 50% share of the 401(k), $600.00 from the trade-in on the jeep and Plaintiff hare of the back IRS taxes as he would like to just pay this off in full and is not confident that the Plaintiff will make her necessary payments. Both parties would take responsibility for their outstanding loans in their names. Respectfully submitted, DATE I i AsOM & Kuz uz.AIUs, L.L.P Michelle L. So , Esquire Supreme Court ID # 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant %;anitow0c 3 Tamar R Moatz .yam 160 Hamilton Ave. a d Waynesboro PA 17268-1408 Il?ltl?ll??ll?l"III?I111?11'III'I?I?I"I?I??Illr?r?llrl?rllltrr? Your Rey*rement Account The Manitowoc Company, Inc. 401(k) Retirement Plan Your Retirement Account Value as of 12/31/2010 $28,900.72 October 1, 2010 - December 31, 2010 Managing Your Account is Easy with 24 hour 7 day a week access Website: www.miretirement.com Phone: (800)858-3829 You're partnering with a winner! Based on client responses to PLANSPONSOR magazine's 2010 national 401(k) Defined Contribution Survey, M&I has been named the #1 Retirement Plan Provider for the unprecedented fourth year in a row! WE, remain committed to bringing you the best in class service every day, in all we do. Your Account Summary Current Asset Allocation This section provides a summary of your account balances and activity This section shows the asset allocation mix of your account balances at the during the reporting period. end of the period. Beginning Balance on 10/01 /2010 $26,676.97 + Earnings/Gain(Loss) 2,223.75 Ending Balance on 12131/2010 $28,900.72 Vested Balance $28,900.72 ® 8.9% Cash Equivalent/Stable Value 21.6% Fixed Income e 20.5% Balanced N 21.5% Mid Cap 19.1% Small Cap ® 8.4% Company Stock 1 11 im M-- Personal Rate of Return Personal Rare of Rerurn is influenced by the riming of your con rriburions, withdrowols, inves ripen tchonges and fees. As a This section shows an estimated rate of return for your account during the periods shown. This is only an result„ 'your Personal Rare of Return may differ from the approximation of the actual return. his toricollnvesrmenr Performance shown on this statement. Your Personol Rote ofiren.rrn reflects only the investment performance hrsrory ofyour account while it has been This Yearto Last maintained by M&I, Quarter Date 12 Months 3 Years- Personal Rate of Return* 8.30% 16.33% 16.33% 4.11% 'Past performance is not a guarantee of future results. For more information, please refer to the Question and Answer document available on www.miretirement.com. "The 3 year personal rate is an annualized rate. Tamar R Moatz The Manitowoc Company, Inc. October 1, 2010 - December 31, 2010 401(k) Retirement Plan Contributions This section shows the sources of the contributions made to your account. Contribution Type Contributions This Period Contributions Year to Date Balance Vested Percent Vested Balance Employee 401(k) 0.00 0.00 10,007.84 100.0% 10,007.84 Safe Harbor Match 0.00 0.00 7,985.34 100.0% 7,985.34 Retirement Account 0.00 674.46 10,894.38 100.0% 10,894.38 Match & Retire Acct Dividends 0.00 0.00 13.16 100.0% 13.16 Totals $0.00 $674.46 $28,900.72 $28,900.72 Your Company contribution is allocated to your Plan account based, in part, upon the Social Security Taxable Wage Base. Refer to your Plan's summary plan description (SPD) to review your Plan's specific allocation formula. Investment Summary This section shows how your investments were alloc ated at the end of the period. Future Asset Class/ Contribution Units Price per Market Percentage Investment Fund Election Held Unit Value of Balance ¦ Cash Equivalent/Stable Value 10.0% 2,583,87 8,9% MTW Capital Preservation 10.0% 1,794.8430 1.439608 2,583.87 8.9% M Fixed Income 20.0% 6,237.70 21.6% Pimco Total Return 20.0% 574.9044 10.850000 6,237.70 21.6% O Balanced 20.0% 5,907.11 20.5% MTW Moderate Growth 0.0% 25.3203 15.672055 396.82 1.4% MTW Aggressive Growth 20.0% 349.2914 15.775602 5,510.29 19.1% 0 Mid Cap 20.0% 6,221.62 21.5% Columbia Acorn Fund 20.0% 206.0824 30.190000 6,221.62 21.5% Small Cap 20.0% 5,509.56 19.1% WF Adv Small Cap Discpl 20.0% 353.4035 15.590000 5,509.56 19.1% Company Stock 10.0% 2,440.86 8.4% The MTW Company Stock Fd 10.0% 166.1791 14.688174 2,440.86 8.4% Total Balance By Investment $28,900.72 100.0% Miscellaneous Plan Information The MTW Company Stock Fund Units Converted to Shrs 186."l 830 The MTW Company Stock Price as of 12/31 /2010 $13.11 The Market Value of the MTW Company Stock $2,440.86 Your dividend allocated this quarter totals $14.15 You are always 100% vested in your dividend account. Tamar R Moatz The Manitowoc Company, Inc. 401(k) Retirement Plan October 1, 2010 - December 31, 2010 Activity By Investment This section shows the activity for each of the investments i n your account. Balance New Loans/ Balance Asset Class/ as of Contributions/ Loan Withdrawals/ Earnings/ as of Investment Fund 10101/2010 Forfeitures Transfers Payments Other Gain(Loss) 12/31/2010 ® Cash Equivalent/Stable Value MTW Capital Preservation 2,571.38 0.00 0.00 0.00 0.00 12.49 2,583.87 Fixed Income Pimco Total Return 6,295.75 0.00 0.00 0.00 0.00 (58.05) 6,237.70 ® Balanced MTW Moderate Growth 374.32 0.00 0.00 0.00 0.00 22.50 396.82 MTW Aggressive Growth 5,081.99 0.00 0.00 0.00 0.00 428.30 5,510.29 N Mid Cap Columbia Acorn Fund 5,430.44 0.00 0.00 0.00 0.00 791.18 6,221.62 Small Cap WF Adv Small Cap Discpl 4,672.00 0.00 0.00 0.00 0.00 837.56 5,509.56 Company Stock The MTW Company Stock Fd 2,251.09 0.00 0.00 0.00 0.00 189.77 2,440.86 Total Fund Balance $26,676.97 $0.00 $0.00 $0.00 $0.00 $2,223.75 $28,900.72 I -- TOTAL ACCOUNT VALUE $28,900.72 Investment Performance This secti on details both annualized historical performance and curren t performance for the fu nds shown. Stars indicate investme nts you held money in at the end of the period. Category/ Year Your Investment 3 to 1 3 5 10 Since Inception Funds Benchmark Index Months Date Year Years Years Years Inception Date Cash Equivalent/Stable Value k MTW Capital Preservation N/A 1.80% 1.80% 2.60% 3.40% N/A N/A 06/30/2003 Fixed Income 't Pimco Total Return (0.92)% 8.86% 8.86% 9.12% 8.07% 7.34% 8.45% 05/11/1987 ® Balanced "E MTW Moderate Growth 6.01% 11.81% 11.81% 1.72% 4.26% N/A 6.28% 06/30/2003 MTW Aggressive Growth 8.43% 14.30% 14.30% (0.08)% 3.48% N/A 6.34% 06/30/2003 MTW Conservative Growth 2.91% 8.09% 8.09% 3.45% 4.84% N/A 5.71% 06/30/2003 OakmarkEquity &Income 7.44% 9.50% 9.50% 3.22% 6.42% 8.81% 11.28% 11/01/1995 ® Large Cap Amer Beacon Lg Cap Value 10.16% 14.56% 14.56% (3.97)% 1.69% 5.23% 9.00% 07/17/1987 Blackrock Equity Dividnd 9.16% 13.26% 13.26% (2.28)% 5.02% 5.94% 9.68% 11/29/1988 Davis New York Venture 10.67% 12.40% 12.40% (3.62)% 1.69% 2.93% 12.00% 10/02/1996 Janus Growth and Income 7.51% 8.63% 8.63% (4.67)% 0.30% 0.68% 10.06% 05/15/1991 Vanguard Instut Index 10.75% 15.05% 15.05% (2.80)% 2.32% 1.43% 8.66% 07/31/1990 Fidelity Contra 9.45% 16.93% 16.93% (1.71)% 4.87% 5.54% 12.35% 05/17/1967 ® Mid Cap 'f Columbia Acorn Fund 14.57% 26.00% 26.00% 2.64% 5.91% 9.40% 15.03% 06/10/1970 Col Mid Cap Value Opport 14.08% 23.22% 23.22% (1.10)% N/A N/A 1.49% 12/11/2006 Fid Low Priced Stock 10.93% 20.70% 20.70% 2.33% 5.41% 1 1.21 % 14.48% 12/27/1989 Harbor Mid Cap Growth 15.02% 22.30% 22.30% (2.95)% 4.77% 1.63% 0.00% 11/01/2002 Small Cap k WF Adv Small Cap Discpl 17.93% 20.20% 20.20% 0.01% 2.66% N/A 9.08% 04/11/2005 Buffalo Small Cap 10.31% 16.59% 16.59% 4.00% 5.02% 9.62% 12.30% 04/14/1998 Lord Abbett Srn Cap Value 15.28% 26.62% 26.62% 4.47% 8.82% 11.59% 11.40% 12/30/1997 () Global/international Amer Beacon Intern'l 5.83% 6.83% 6.83% (6.26)% 2.68% 4.94% 8.05% 08/07/1991 Columbia Acorn Intern) 8.57% 22.70% 22.70% 0.08% 9.60% 9.33% 12.17% 09/23/1992 ylY' r 00MM 1OW222 -q 1043 UN, 1255]14-W=01]M255.MoU 10741 01/17/11 F Tamar R Moatz The Manitowoc Company, Inc. 401(k) Retirement Plan October 1, 2010 - December 31, 2010 Investment Performance (Continued) Category/ Year Your Investment 3 to Funds Benchmark Index Months Date 1 Year 3 Ye 5 Y 10 Since Inception ars ears Years Inception Date Global/International Amer EuroPacific R-S 5.74% 9.72% 9.72% (2.99)% 5.86% 6.97% 12.27% 05/15/2002 0 Company Stock The MTW Company Stock I'd N/A 31.00% 31.00% (31.70)% 3.60% N/A N/A 07/09/1971 k Indicates funds you hold. All mutual fund performance numb ers are provided by Lipper. ' LIPPER The Since Inception performance numbers for the MTW Capital Preservation, MTW Conservative Growth, MTW Moderate Growth, MTW Aggressive Growth, and the MTW Company Stock funds reflect the investment returns of these unitized funds created 6/30/03. Primary Beneficiary(ies) Your primary beneficiary(ies) on file are: Gordon A Moatz Kelsey A Moatz Katelyn M Moatz If you wish to make a change in your beneficiary information, please request a form by calling the Mi Retirement Line at 1-800-858-3829 or going to the web at www.mitrust.com. Go Green! Work with M&I to do the right thing for the environment and cut back on paper delivery of retirement plan statements and materials. Simply log on to miretirement.com, input your User ID and Password, and go to the "Personal Profile" screen. If your address is incorrect, please update your address via the Personal Profile screen on miretirement.com. Disclosure Statemen Borrower(s) (Name and mailing address) TAMAR R MOATZ 157 RUSTIC DRIVE SHIPPENSBURG PA 17257 Note and Lender (Name, address, city and state) CITIFINANCIAL INC. 208 S CONESTOG: SHIPPENSBURG R Account No. SERVICES, 351296 DRIVE 17257 ANNUAL PERCENTAGE RATE The cost of Borrower's credit as a yearly rate. 22.99 Payment Schedule: Number of Amount of Payments Pavments Date of Loan 08/20/2007 FINANCE CHARGE Amount Financed Total of Payments The dollar amount the credit will The amount of credit provided to The amount Burrower will ua,c cost Borrower. Borrower or on Borrower's behal . paid after Borrower has made all payments as scheduled. $ 8,914.68 $ 12,822.56 $ 21,737.24 When Payments G e M.. 1 $ 414.64 10/01/2007 59 $ 361.40 MONTHLY BEGINNING 11/01/2007 See the contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. Security If checked, Borrower is giving a security interest in: ? Motor Vehicle ? Mobile Home ? Real Property ? Other: Late Charge: If a payment is late, Borrower will be charged a late charge equal to 1. 5 % per month on the pas'. due amount until paid ni Lull. 11111NIIHIV I ai $ 1.00. bre a ment: If Borrower pays off early, Borrower may e enht ed to a refund of part of the finance charge. Additional Information: PRECOMPUTED INTEREST SERVICE CHARGE DATE CHARGES BEGIN L8 First Payment Due , 711.44 150.00 08/20/2007 Date Extension Charge: $ 53 .24 INSURANCE DISCLOSURE (included in Finance Charge ) Required Insurance: If Borrower obtains credit that is secured by Borrower's interest in improved real property (including a mobile or manufactured home that is part of real property), then Lender requires Borrower to provide fire and extended coverage lily me rcpla?c•rlxnl ,alu< ,r improvements. If the collateral securing the credit is a motor vehicle (including a recreational vehicle, boat, or movable mobile home), Borrower nw,l provide collision and comprehensive casualty insurance in an amount sufficient to satisfy the unpaid balance of the ioan or equal to the ?aluc of We collateral, whichever is less. All such policies and renewals thereof must name Lender as loss payee and must be maintained by Borrower, until the credit is repaid in full. Borrower may obtain a new insurance policy or provide an existing policy from any insurer that is acceptable to Lender If I Borrower obtains the collateral protection coverage or Automobile Physical Damage Insurance at Lender's office, Borrower acknowledges that such insurance (1) may cost more than insurance that is available from another insurer, (2) will only protect Lender's interest in the collateral and does nul protect Borrower's interest, and (3) does not protect Borrower from claims by other persons. Optional Insurance: Credit life insurance, credit disability insurance, credit personal property insurance, involuntary unemployment insurance, and any other insurance products that are not required per the above paragraph are optional to Borrower and are not required in order to obtain credit. If Borrower desires voluntarily to purchase any of these optional insurance products, Borrower must sign below and in other required documents and will receive an insurance certificate or policy detailing the coverage terms and conditions that apply to the 'insurance, Borrower should refer to the terms and conditions contained in the applicable insurance certificate or policy issued for the exact description of benefits and exclusions. Borrower is encouraged to inquire about coverage and refund provisions. If the initial amount of coverage for' credit life insurance and/or credit personal property insurance set forth in Borrowermsuralice erali,att tit In r, , equal to the Total of Payments stated above, it may exceed the amount necessary to pay off Borrower'sloan at any given time. Any exceti, w,urw c coverage amount that may become payable will be paid to the appropriate party as designated in the insurance certificate or policy. Burrower acknowledges that if optional credit personal property insurance is purchased, Borrower's property coverage under other policies such as homeowner's of renter's insurance may be adversely affected. Borrower's regular monthly loan payment if Borrower elects not to purchase insurance will be $ 281.85 Termination of Optional Insurance: Borrower may cancel any of the optional insurance products obtained at Lender's office at any tune upon Borrower's written request for cancellation to Lender. If Borrower is in default under the terms of this agreement, Borrower authorizes the insurer to terminate any and/or all optional insurance products upon Lender's request. Upon termination of any insurance for any reason, Borrower authorizes and directs that the insurer deliver the premium refund, if any, to Lender, which will apply it to Borrower's outstanding loan balance. Borrower hereby irrevocably and unconditionally assigns to Lender any right, title or interest which Borrower may have in any premium refund ("Refund"). Such assignment is absolute and not intended as security. Borrower acknowledges and agrees that the Refund shall be the sole property of Lender and that Borrower shall have no interest in the Refund. Lender agrees to pay to Borrower any amount by which the Refund received h? L, ndci the outstanding loan balance. I/we request the following insurance: Cost/Preinium: Insurance Type: Insurance Term (in mos $ 431.51 SINGLE CREDIT LIFE 60 6 932.41 SINGLE CREDIT DISAB 60 B NONE i NONE i 858.69 SINGLE INVOL UN 60 Ftfs Borrowers ignature Dat Second Borrower's Signature Date TERMS: In this Disclosure Statement, Note and Security Agreement, the word "Borrower" refers to the persons signing below as Borrower, whether one or more. If more than one Borrower signs, each will be responsible, individually and together, for all promises made and for repaying the loan in full. The word "Lender" refers to the Lender, whose name and address are shown above. PROMISE TO PAY: Borrower promises to pay to the order of Lender the Total of Payments (which includes precomputed interest charges and Ser, n c Charges) shown above in substantially equal, consecutive monthly installments shown above, except that any appropriate adjusmrents will be made to we first and final payments, from the Date Charges Begin until the Total of Payments is fully paid. Each payment will be applied to a combined total of the Amount Financed and precomputed interest charges. If any part of the balance remains unpaid on the final payment date, Lender, at its option, may collect interest from and after maturity upon the then unpaid Amount Financed at the maximum rate permitted by the then applicable law or, if no maximum rate is prescribed, then at the rate of interest prevailing under this Disclosure Statement, Note and Securitv Aereement The amount shown as "Service Charge" above Any Service Charges are earned prior to inter payment or termination of the account. EXHIBIT PREPAYMENT: Borrower may prepay this loa because of Borrower'sdefault, Borrower will be less than $1.00 will be given. Partial prepayme charge and is in addition to the precomputed interest on the luau. e Charges are not refundable to Borrower in the event of early ower prepays in full or if Lender accelerates the unpaid balance the Finance Charge, computed by the Rule of 78's. No refund of Burrower . ltuual_,: / , MONARCH RECOVERY MANAGEMENT, INC. (formerly Academy Collection Service, Inc.) 10965 Decatur Road Philadelphia, PA 19154-3210 1(800) 220-0605 or 1(215) 281-7500 July 14, 2010 S Gordon Moatz Jr 19671255 131 Stony Brook Dr York. PA 17402-2744 T30AGL Account #: 34516507 Monarch File #: 19671255 Total Bal As of 14 Jul 2010: $9896.90 Monarch Recovery Management, Inc. PO Box 21089 19671255 Philadelphia, PA 19114-0589 11111111111111111111,6J1111111 1 1111111111111 111111 111111111 --------------------*Dptnrh and Rntnrn Ton Portion to FRnedite Your Account* -------------------------------------- ACCOUNT INFORMATION Date of letter: July 14, 2010 Creditor: ASSET ACCEPTANCE LLC Fwd Creditor: AMERICAN GEN Account #: 34516507 Creditor #: Xs6828 Monarch File #: 19671255 Total Bal As of 14 Jul 2010: $9896.90 T30AGLB 005675P 1 029 005595 195 011000 S-CRE Pay Online: Easy & Secure www.acswebpay.com (transaction fees apply). EXHIBIT Make Check Payable to: Monarch Recovery Monarch Recovery Management, Inc. (formerly Academy Collection Service, Ir 10965 Decatur Road, Philadelphia PA 19 1(800) 220-0605 or 1(215) 281-7500 Hours: M-TH 8am - 9pm, F Sam - 5pm Side 1 of 2 030738 200612 WI w Department of the Treasury IRS Internal Revenue service ANDOVER, MA 01810-9041 272038.655563.0948.022 1 MB 0.382 766 III lu[IIIll1l'11111Illl1111111tl1tlaIII IIII III III 111l11n11ltll t GORDON A & TAMAR R MOATZ JR 157 RUSTIC DR SHIPPENSBURG PA 17257-9463574 272038 Notice Number: CP 521 Notice Date: 02-03-2010 SSN/EIN: 198-66-4599 Caller ID: 947702 IWIIIIIIIIIIIIINII@Elf *198664599101* Monthly Statement This is a reminderthat your next payment of $35-00 is due on 02-11-2010 . Form: 10 4 0 A 1040A Liabillti cs Tax Period: 12-31-2006 12-31-2008 not shown: Current Balance: $962.47 $1,121.56 $0.00 Includes: Penalty: $29.63 $20.99 $0.00 Interest: $35.97 $27.89 $0.00 Last Payment: Note: Penalty and Interest totals are cumulative, and are calculated to the Due Date shown above. For information on your penalty and interest computations, you may call 1-800-829-0922 . All installment agreement payments will be applied to the oldest tax owed, then penalties, then interest. If you have any new or additional taxes that become due during the term of this agreement, you must pay them in full and on time. If necessary adjust your withholding or estimated tax payments to cover your tax this year. New or additional taxes that become due and are not paid will default or terminate this agreement. If this agreement defaults or is terminated for any reason, an additional user fee will be charged. Questions? Call us at 1-800-829-0922 Please mail this part with your payment, payable to United States Treasury. Notice Number: CP 521 Notice Date: 02-03-2010 wi ire on vout- check: 11040A 112-31-20061198-66-4 599 For electronic payment options including credit/debit card payments, visit www.irs.gov keyword: epay Amount Due: $35.00 Due On: 02-11-2010 Internal Revenue Service GORDON A & TAMAR P.O. BOX 37004 157 RUSTIC DR HARTFORD, CT 06176-0004 IPPENSBURG PA EXHIBIT 198664599 BL MOAT 30 0 20061 R MOATZ JR 17257-9463574 WI IRS Department of the TFeaun' Internal Revenue Service Andover, MA 01810-9052 127759.792471.0400.009 1 AT 0.357 692 IIIIIIIIIIIIIIIIaIIIIIIIIII I IIIIIIIIlllnl/IIIIIIIIIIIIIIIIIIIIII GORDON A MOATZ JR 131 STONY BROOK DR t:?# YORK PA 17402-2744 127759 THIS IS NOT A BILL Notice Number: CID- 89 Notice Date: Sep. 16, 2010 Taxpayer Identification Number: 198-66-4599 If you have any questions, please call us at: 1-800-829-0922 Annual Installment Agreement Statement THIS IS FOR YOUR INFORMATION This is your Annual Installment Agreement Statement. This two-part statement shows the installment-agreement activity from July 13, 2009 to July 12, 2010 for each tax period included in your agreement. 1. The Payment Detail page shows the payments received and where they have been applied. Your payments are listed by date received to assist you as you review your records. The • payments are also totaled at the end of the detail, for your convenience. Your payments have been applied according to the terms of your agreement and in accordance with the law. For each tax year, your payments are applied first to tax, then penalty, then interest, and other charges. Il. The Installment Agreement Activitypage shows each tax period for which you owed tax. The Beginning Balance is calculated as of July 13, 2009, or the date you entered a tax period into an installment agreement, if it was later. The beginning balance of each tax period includes the unpaid tax, penalty, and interest as of this calculation date. The Total Interest, Total Penalty and Other Charges are the amounts added during this period. Other Charges are items such as fees, refunds or adjustments. If you'd like to pay the full amount you owe, please call us at 1-800-829-0922 so we may give you a current payoff figure. Your future statements will be mailed to you annually, for as long as you have installment agreement activity. As always, we appreciate your timely payments. C-n 00 - nn n-s, F-, O O O 0 0 0 0o O a? v cc a ca c ? wm 40 4& 4r, 1 127754 O V N Q N r C - cv ? E O a) L- o o Q M Q} ? E L `V O C J S CT Ln T ?t 7 ?a I ] Cb C D rf a G1 a a Q N d i (D .c ? ? t o c) a m a a Q CU tC y' r N O H ? a N a a a a t4 ? 0(l) F- a a' N U d cc N G3 ? a O CII I-- a a? c U C c ?m mm d E? O O LL Z a 0 ?a 11 1 M N 10 co 7 S O o rl N lu? L+ N r 1? 1n I 0 .0; r0 ? N N S Qn N -U> to 000 coco ;? N N Vn 4& 1 f O O O O O O ft1 0 U; ? N N 4!F 4& 10 co .t 1? L? rq Lo 10 S 17 co C. O O r-1.-i N N M N c o 0 0 0 ?q f- 1O co 00 0 0 N N M M N N rf 14 N N O 0 O N Co O O co ca U O r Q Q E O U N N a? c RS _Y CAS C Q i 0 _r O r O ca O O Ll- GORDON A MOATZ JR Payment Date 198-66-4599 89 Payment Detail for July 13, 2009 to July 12, 2010 Applied Applied to Amount Tax Form Tax Period 127759 08/24/2009 S 45.00- 09/10/2009 S 35.00- 10/05/2009 S 35.00- Total Payments S 115.00- 1040A 12/31/2006 1040A 12/31/2006 1040A 12/31/2006 Payments received after June 28, 2010 may not appear on this statement, but will be shown on your next annual statement. • If you think we missed giving you credit for a payment, please call 1-800-829-0922 and we will be glad to resolve any discrepancies. WI IRS Department o th,2 l rea ur: i? Internal Revenue Serciee Andover, MA 01810-9052 127758.792471.0400.009 1 AT 0.357 692 III?J??I?I?I?II?I?IIJI????I??III?III???I??ILI1?1??11?1???,111 TAMAR R MOATZ 131 STONY BROOK DR YORK _27758 PA 17402 THIS IS NOT A BILL Notice Number: CID- 89 Notice Date: Sep. 16, 2010 Taxpayer Identification Number: 198-66-4599 If you have any questions, please call us at: 1-800-829-0922 Annual Installment Agreement Statement THIS IS FOR YOUR INFORMATION This is your Annual Installment Agreement Statement. This two-part statement shows the installment-agreement activity from July 13, 2009 to July 12, 2010 for each tax period included in your agreement. 1. The Payment Detail page shows the payments received and where they have been applied. Your payments are listed by date received to assist you as you review your records. The • payments are also totaled at the end of the detail, for your convenience. Your payments have been applied according to the terms of your agreement and in • accordance with the law. For each tax year, your payments are applied first to tax, then penalty, then interest, and other charges. 11. The Installment Agreement Activity page shows each tax period for which you owed tax. The Beginning Balance is calculated as of July 13, 2009, or the date you entered a tax period into an installment agreement, if it was later. The beginning balance of each tax period includes the unpaid tax, penalty, and interest as of this calculation date. The Total Interest, Total Penalty and Other Charges are the amounts added during this period. Other Charges are items such as fees, refunds or adjustments. If you'd like to pay the full amount you owe, please call us at 1-800-829-0922 so we may give you a current payoff figure. Your future statements will be mailed to you annually, for as long as you have installment agreement activity. As always, we appreciate your timely payments. TAMAR R MOATZ Payment Date 198-66-4599 89 Payment Detail for July 13, 2009 to July 12, 2010 Applied Applied to Amount Tax Form Tax Period 127758 08/24/2009 $ 45.00- 09/10/2009 $ 35.00- 10/05/2009 $ 35.00- Total Payments $ 115.00- 1040A 12/31/2006 1040A 12/31/2006 1040A 12/31/2006 Payments received after June 28, 2010 may not appear on this statement, but will be shown on your next annual statement. • If you think we missed giving you creditfor a payment, please call 1-800-829-0922 and we will be glad to resolve any discrepancies. _i Q I t y? 1 L27758 J > o? Ln .a i '. co O? . , ?? 0 ?-+ N V Q N T Q1 ? E O v ? vo ?- o L" 3) N aM ?L T rrW ? L L 2 \L O N r_ 0 0 a o 0 0 ? U C C a Co C RJ W M N iA a `" L9 N M M a ? .a Q N 0 L ? d M r+ .C OU w 0 0 a r ? a? M M 'a N N a Q N tC i' r F- _ M M 'p o 0 d a s a _a Z is O G) i- a N N a o a 0 0 U X21 tp rl 'i rl ri JA C a) ? a O m ? s a? a a C o 0 C C t4 d m mm L a) Em E o c?a O O o JL Z 'i ID 0 0 a N O r4 X ,r M CO Ji N 'i N N O N co 6 0 co cu U >1 tz O >, u O Q E O U v C cs _A CiS C Q? Q i O C O D E 0 i O LL RON WAGAMAN'S AUTO SALES CAStf PRICE OF CAR .? 812 West Main Street Waynesboro. PA 17 268 (717) 762-8145 "Quality Used Cars and Trucks is our 'Business" !rllli/k QAIE $MET GTV ZIP RHONE PHONE PLEASE E.MfR MY ORDER FOR THE FOLLOWtMG NEW o USED DEMO CAR TRUCK PRIOR . t15E YEAR MAKE MODEL m: TYPE COLOR TRIM SERIAL NO j STOCK NO. SALESMAN 7O eE C£;.rvERFC Der OR ASGJT I t YEAA MAKE ]MODEL r s EAIAL NO, TYPE COLOR TRIit =TITLENO, t If you cancel this purchase agreement or refuse to take delivery of the vehicle ordered, except as permitteO Dy law: you shall, at our option. forfeit i as damages Purchaser hereby acknowledges to the above clause. Customers i Signature i F ?HOt? i _... ,,-W ._. ?_. ---- - PoucY NUMBER vERil tE I. CAShi PRICE Ink- 2- TRADE AL.{_O*ANCE LJ FACTORY WARRANTY T . _ - he tstlory arcrrnty canfrd:,aea af: o' tnr sA,A,.4e* rrf1h fespec' id ttre ric of mn rwar'ttema Tne seek{ >'woty ezcrean+y a.xrarme s" -.+ena-tr_, m±neex?saae.? os 3 TAXABLE BALANCE I1 vnp4e0 tfx:wCkty rn? renplreQ w,srren t. a' +rnr_ruintaa ?'. v a: !:Hems tU. a 3e euisF-`rGClk en3 ? . the Miler rrltMr assumes rar sum?nm- ear %•re ier , to assuTti -cr o-:?, raca:p ., Y - t t A. TAXfTAXAS?c BALANCE x _G6-= cw:roc ian With the Yb at tars iwrvefertu i] USED CAP WARRANTY - Usrd ur .a cw Md by r f,,,- w. snr; drt-40 in • "P•te% S-LICENSE TITLE REGISTRATION F , , EE CJ AS Is-Tn. mono= -t,lCs r, Wid AS T? bp, ter often x .nw of mas"rr ¢trlcfNan° .u+ ps cv*ere,nG ar c_rac.: era pnneari,e calm ar tint a ry r +n sn i n f TOTAL PRICE OF VEHICLE f A 5. r? rtr e w c r BALANCE Gwtarnt r? Sigerture X'= OWED TO Pjr haler agreesthar this Cr,'jeT ir!r des aa: ADE)PESS tr,, face ` this contract, ,ha, th,_ o -er ca E. s ...y sut e*_ ;as any :rior agreement and as of the Cate hcrect co sec the c.vz-tc,p't? any 7. TRADE IN ALLOWANCE exclusive statement of the terms of agreement relating to the subject matters covered hereby. This order shalt not become binding until accepted by the, 6 . BALANCE OWED dealer or his authorized representative. You, the buyer may cancel this corr. tract end receive a full refund any time before receipt of a copy of this 4 • NET ALLOWANCE {7 - 8) -41 contract signed by an authorized ;realer r"nsentathie bI+ gi3ring written d W DEPOSIT notice of cancellation to the deaisr: Purchaser by his ex?ecution o iris order acknowledges that he has read is terms and conditions and has received a t I. CASH ON DELIVERY true copy of this order YOUR DEPOSIT RETAINS T S . HI VEHICLE FOR 48 HOURS. 1 ' 2- TOTAL CREDITS (9+ 10 + M PURCHASER S SIGNATURE tr____.- ---- ^ATE EXHIBIT -° AMOUNT ACCEPTED BY DATE III t}EAt?R 8R +45 AUTrr?itZHOTREVRESENTAT7vE T TAMAR R. MOATZ Plaintiff V. GORDON A. MOATZ, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO 08-4734 CIVIL ACTION - LAW : IN DIVORCE Defendant, Gordon A. Moatz, Jr., 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 THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. 1. 2. 3. 4. 5. 6. 7. 8. 9. () 10. ( ) 11. ( ) 12. () 13. ( ) 14. ( ) 15. ( ) 16 Real Property Motor Vehicles Stocks, Bonds, Securities and Options Certificates of Deposit Checking Accounts, Cash Savings Accounts, Money Market and Savings Certificates Contents of Safe Deposit Boxes Trusts Life Insurance Policies (indicate face value, cash surrender value, and current beneficiaries) Annuities Gifts Inheritances Patents, Copyrights, Inventions, Royalties Personal Property Outside the Home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment Termination Benefits -- Severance Pay, Worker's Compensation Claim/Award EXHIBIT ( ) 17. Profit Sharing Plans ( ) 18. Pension Plans (indicate employee contribution and date plan vests) (X) 19. Retirement Plans, Individual Retirement Accounts ( ) 20. Disability Payments ( ) 21. Litigation Claims (matured and unmatured) () 22. Military/V.A. Benefits () 23. Education Benefits (I) 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 1 •V i 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 NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 2 1998 Jeep Grand Cherokee (Sold on 09/10/09) Tamar Moatz 19 Manitowoc 401(k) Tamar Moatz NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM DESCRIPTION OF REASON FOR EXCLUSION NUMBER PROPERTY 2 2008 Nissan Murano - Acquired After Date of Separation on September plaintiff 10, 2009 (traded in the 1998 Jeep Grand Cherokee and purchased this vehicle LIABILITIES ITEM DESCRIPTION NAME OF CREDITORS NAMES OF ALL NUMBER OF PROPERTY DEBTORS 24 Personal Loan CitiFinancial Tamar Moatz 24 Personal Loan American General Finance; Gordon Moatz However, now with Monarch Recove Management, Inc. 24 Unpaid Debts IRS Taxes from 2006 & 2008 Tamar & Gordon Moatz PANAGRAPHICSINC. EMPLOYEE HOURS EARNINGS EMPNO OVERTI ME HOLWAY SPECIAL REGULAR TI ACA ON SICK 1362 0 .00 O.Oa 0.00 648.00 72.00 0.00 REGULAR VACATION SICK TOTAL HRS OVERTIME HOLIDAY SPECVLL 36.0 4.00 0.00 0.00 0.00 0.00 I HxtSfVVI I HHULUINUS VOLUNTARY So S -- -48 83 STATEwmT,vc 34 -21 Health Ins. di 9ecare 1 : : . -25.00 =EOERAL Wm TAX OTHER ST Wm -65.86 0.00 SUTA -0.58 LOCAL Wm TAX -6.95 0.00 PAY PERIOD YEAR-TO-DATE GROSS 2160.Oa FEOWIH TAX -197.58 OTI 1/16/11 FICASoc-Sec -129.27 STATE wmTAx _69.02 LQf Medicare -30.24 MOATZ DEPOSITED TO ACCOUNTI< CHECKING 547.10 DEPOSITED TO ACCOUNT2 0.00 DEPOSITED TO AGCOUNT3 0.00 TOTAL 547.10 Fire Hundred Forty-Seven and 10!_00 Dollars MOATZ, GORDON A. JR. 131 STONYBROOK DR YORK, PA 17402 0.00 72.00 0.00 wm NET PAY TAX -20.85 547.10 Jan 2, 2311 503878 ******'$547.10 NON -NEGOTIABLE EXHIBIT i a Employee's social security rurnber 198-66-4599 b Emoioyer identiicadon number (EIN! 23-2918661 Sate. accurate, _ WAS N. 1545.0-008 FAST? Use 1 'Napes, los. ,tier Mrrp n Scutt 7903.25 lrc 2 @CIor1 nco, 11- -? ' j c Employer's name. address, and ZIP code 3 4 gat .ecuritynages g 4fl^_ial se: - Panagraghics, Inc. 7903.25 Op 4690 Raycvi7l Road 5 t0edicare tivages and Dover PA 17 315 7903.25 i 114 9 . GO v1S 1 i 7 Soo!al eduri=} tips y - ? a h-Wed ups _ ? d Controtrt 13662 2 9 Ad,am;o FIC payment TO ?e[v_?•nle? zse !renefits S F e inakoyor: s r erne, adaress, and ZJP coda . 11 Nc,?ousai'iar] plans wee ! tni ane ter bGx 1 Y GORDAN A., MOATZ 131 STONYBROOK DR Li -7 L -- a 14 c..,:;r '2c SUTA 6.48 d i S state Etr7 ' ..r'a state ID number 16 State wages. t!ps, etc, l 17 State income tax ? 18 " i ca, ,xaga.,. tips. etc '.. is PA 67-34299 -7903.25 242. 64 7903.25 - -79.06 Yc.- c v -------- -Wage and Tax Lepa r sic i &easun?(nt??i; Rr rer;• e Form f. Statement 2010 spy B--To Be Filed With Employee's FEDERAL Tax Return. his information is heirg fum;.hed to the internal Revenue Ser ica. E E XHIBIT A AND NOW, this 21st day of March, 2011, I, Michelle L. Sommer, Esquire, ofABOM d? KUTULAKIS, LLP., hereby certify that I did serve a true and correct copy of the foregoing Pre-Trial Statement by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jeffrey S. Evans, Esquire 2025 East Main Street Waynesboro, PA 17268 Attorney for Plaintiff E. Robert Elicker Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Cumberland County Divorce Master Respectfully submitted, ABOM & KUTULA"S, L.L.P N-m-a Q - 6wguo Michelle L. Somme squire Supreme Court ID: 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant TAMAR R. MOATZ, Plaintiff VS. GORDON A. MOATZ, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4734 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this h day of 2011, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on August 1, 2011, the date set for a four-party conference, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, 4)(4- Kevin Hess, P.J. cc: `Jeffrey S. Evans Attorney for Plaintiff .n-- Michelle L. Sommer nnpW5 Q?' tj)ir?„ a Attorney for Defendant l•vr 8 „I??V0. 7-1 r_1 -r, c?= r:? CON ?6 E- 2060 F1iCkAk,_X,Ctt TAMAR R. MOATZ, Plaintiff VS. GORDON A. MOATZ, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4734 CIVIL IN DIVORCE THE MASTER: Today is Monday, August 1, 2011. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Tamar R. Moatz, and her counsel Jeffrey S. Evans, and the Defendant, Gordon A. Moatz, Jr., and his counsel Michelle L. Sommer. This action was commenced by the filing of a complaint in divorce on August 6, 2008, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today by both parties. The Master's office will file the affidavits and waivers with the Prothonotary's office. The divorce can conclude under Section 3301(c) of the Domestic Relations Code. On August 26, 2010, the Defendant, husband, filed a counterclaim raising the economic issue of equitable distribution. Neither party has filed a claim for alimony or counsel fees and expenses. 1 After discussion this morning, the parties have reached an agreement with respect to the claim of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel will return later this morning to review the agreement for typographical errors, makes any corrections as necessary, and affix their signatures affirming the terms of settlement as stated on the record. However, it is specifically noted that when the parties leave the hearing room today, even if there is no subsequent signing of the agreement, they are bound by the terms of the agreement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on April 8, 1995, and separated August 6, 2008. They are the natural parents of two children., both children being minors. The children currently reside with the father, Gordon A. Moatz, Jr. Mr. Evans. 2 MR. EVANS: With respect to the claim of equitable distribution, the parties have agreed as follows: 1. Plaintiff: will retain her Manitowoc Company 401(k) retirement plan and trade-in proceeds from the 1998 Jeep Grand Cherokee Laredo, and any personal property which is currently in her possession. 2. Wife will be solely responsible for the payment of the marital debt to Citifinancial and will hold Mr. Moatz harmless from any liability for the payment of the same. 3. Defendant will retain the household property and tools in his possession and will be solely responsible for the debt to the IRS and will hold Mrs. Moatz harmless from any liability for the same. 4. Either by QDRO or by rollover, Mr. Moatz will receive $10,500.00 from wife's Manitowoc Company, Inc., 401(k) retirement plan. Mr. Moatz will provide information as to what account he would like to have the monies transferred to. This will occur within thirty (30) days of today's date. 5. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. SOMMER: Mr. Moatz, the agreement that was officially put on the record today as of August 1, 2011, did you fully understand and agree to the amount that is 3 going to placed into your 401(k) plan? MR. MOATZ: Yes. MS. SOMMER: You accept and understand and agree to everything? MR. MOATZ: Yes. THE MASTER: And you understand that this is a final settlement of all claims in the divorce case? MR. MOATZ: Yes. MR. EVANS: Ms. Moatz, do you understand the terms of the agreement as I read them into the record? MS. MOATZ: Yes, I do. MR. EVANS: And is it your desire to have that entered as a final order/agreement between the two of you. resolving all the claims arising as a result of your marital relationship with Mr. Moatz? MS. MOATZ: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and, agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be 4 imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: C- Rf ( /?O ?( J e vans Tamar R. Mo tz A ey for Plaintiff n M ichelle Sommer Gordon*. oatz, Jr. Lad Attorney for Defendant 5 FILED -OF FIC?E T"!F PR') HCNO ,''; ? OM' K AB ?011 AUG -2 AM ! ? 3 Michelle L. Sommer, Esquire `.UMBERLAND GOUN E AttorneyLD.#.• 93034 PENNSYLVANIIA 2 West High Street Carlisle, PA 17013 (717) 249-0900 TAMAR R. MOATZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 08-4734 CIVIL ACTION - LAW GORDON A. MOATZ, JR, Defendant : IN DIVORCE 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on August 6, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce 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. §4904 relating to unsworn falsification to authorities. Date: ?? ??6 IC T R R. MOATZ, Plaintiff OM & &U ULAKIS Michelle L. Sommer, Esquire Attornev 1. D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 TAMAR R. MOATZ Plaintiff V. GORDON A. MOATZ, JR, Defendant FILED-OFFiO = THE PP0TP40N0T 2011 AUG -2 AM 10'- 13 CUMBERLAND JI; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO 08-4734 CIVIL ACTION - LAW IN DIVORCE 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. §4904 relating to unsworn falsification to authorities. Date: /6,G G I R. MOATZ, Plaintiff OM & &U ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #.• 93034 2 West High Street Carlisle, PA 17013 717) 249-0900 TAMAR R. MOATZ, Plaintiff v. FFIC, 1 2011 AUG -2 t1 Its: r? HSYLt? dil(.?? .+ VA NI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-4734 CIVIL ACTION - LAW GORDON A. MOATZ, JR, Defendant IN DIVORCE 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on August 6, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce 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. §4904 relating to unsworn falsification to authorities. Date: GORDON A. MOATZ, JR, D dant OM CSC" A &N UI AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (7 / 7) 249-0900 TAMAR R. MOATZ Plaintiff V. F!LCD-DFr`=I D1?18ERLAl?? k:tJ?? ?''r RFNNSYLV,,O 1P, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-4734 CIVIL ACTION - LAW GORDON A. MOATZ, JR, Defendant IN DIVORCE 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. §4904 relating to unsworn falsification to authorities. Date: l f? ", GORDON A. MOATZ, JR, fendant ?OM & I?Ii uLAKIs Michelle L. Sommer, 1=squire Attorney I.D. No.: 93034 2 West IIigh Street Carlisle, Pennsylvania 17013 (717; 249-0900 TAMAR R. MOATZ, Plaintiff V. GORDON A. MOATZ, JR, Defendant _ i r E -s =F ,CL I 1 AUG 16 PIS L$: ? CUMBERLA U Ct??J PENNSYLVAf,4iA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-4734 CIVIL ACTION - LAW IN DIVORCE To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1) Ground(s) for Divorce: a) Irretrievable Breakdown under §3301(c) of the Divorce Code. 2) Date and manner of service of the Complaint: a) August 15, 2008 by Certified Mail. 3) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a) by Plaintiff: August 1, 2011; by Defendant:: August 1, 2011. 4) Related claims pending: a) None 5) Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a) by Plaintiff.: August 2, 2011; by Defendant: August 2, 2011. Respectfully submitted, DATE b u I i ABom & KUTULAKis, L.L.P Michelle L. Somm squire Supreme Court ID #93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff TAMAR R. MOATZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GORDON A. MOATZ, JR. No. 2008-4734 DIVORCE DECREE AND NOW, zY , Z.o II , it is ordered and decreed that TAMAR R. MOATZ , plaintiff, and GORDON A. MOATZ, JR. bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Agreement dated August 1, 2011 is incorporated but not merged. By the Court, rroinonotary &? c,? Aw?eol-?v Ab? 61,?Of `y frpd ? A#f S,.Vm 7eof - o f ito ? (n??? d