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HomeMy WebLinkAbout04-1225 SHELBY MORRILL, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO .QLl- J~ Ci vil DALE S. MORRILL, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and 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 CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT WISH TO 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. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6200 SHELBY MORRILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.04 - /:z.~ C~c.J~L ~~ CIVIL ACTION - LAW ( DALE S. MORRILL, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori K. Serratelli, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is Shelby Morrill, who currently resides at 58 Sinclair Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, since 1996. 2. Defendant is Dale S. Morrill, whose last known address was 58 Sinclair Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and Defendant were married on September 14, 1996, in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there is one child of the parties under the age of 18, namely Zachary R. Morrill, born July 12, 1997. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CUSTODY 11. Paragraphs one through ten are hereby incorporated by reference herein. 12. Plaintiff believes that the best interest of the parties' child, Zachary R. Morrill, will best be served by granting primary physical and shared legal custody of the child with the Plaintiff with liberal partial custody rights to Defendant. 13. The child presently resides with the Plaintiff at 58 Sinclair Road, Mechanicsburg, PA 17055. WHEREFORE, Plaintiff respectfully requests that primary physical and shared legal custody of the child be confirmed with the Plaintiff. Respectfully submitted, AI2~. ~. L~~ratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statement made in the foregoing Complaint in Divorce 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. Date:rn.............<!...f1v ,)l,~. ;J-l)o'1 fJl L.(k-S /rJ<>~~~.rU Shelby Morrill r 0 ~ ~ e ~ ~ ~ ~ r.~ ~ ~ . , . . ~ ~ c. " , ~ - ~ . Q - . , ~ ' , ~ ~ ~ 0 0 - 0 (.) "~ -0 ~ 0 ~ . ~ ~ -0 f-., ~ ~ e r~ --- N SHELBY MORRILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLN,D COUNTY, PENNSYLVANIA vs. NO. 04-1225 CIVIL DALE S. MORRILL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICJ~ I, Lori K. Serratelli, Esquire, being duly sworn according to law, depose and say that I served the Divorce Complaint in the above-captioned matter, by depositing it in the United States mail, Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Dale S. Morrill 207-C Mulberry Drive Mechanicsburg, PA 17055 The return receipt card is 'l-S-rJ~ attached hereto. ~. 2cL{C\Q{ Lo i . Serratelli, Esquire S RRATEL:~I, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiff Dated: Sworn and Subscribed to before me this ~ day of ~ ,2004. ~piJ;~r/~AL My Commission Expires:~-J~~~ NOT ARI.~l SEAL I DEBRA A. EVANGELIST'. Notary Pubi;c SUSquehanna Twp.. Dauphin County M Commission Expire. Mav 7. 200." _.~..__.._... -'''''~'""~''''''d. .....~ . Complete Items 1. 2, and 3. Also complete ~em 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 mail piece, or on the front if space permits. 1. Article Addressed to: ~e.. ":A "fY\(X'f \ \ \ d.D'J- c.- m\.L\ 'oer f~ ~\\I'~ (Y\e&.o-V\.'\ e::, '0""0" ,,1\ Il OS$" 3'.E'C8TYpe . "fied Mail Registered o Insured Mall B. Received by (Pri ~ Name) e 5: tVr cR-fe/~L ::;> D. ISdellveryaddressdj~iWn1? 0 Yes If YES, ent... deil"rJ,r sli91tiw: 0 No @llIAR272004,. .,~,~ ~~'1""-.....;. USPS J:l~ ai: IJ Return Receipt for MerchancIiM (] C.O.D. )(vas 4. estricted Dellvery? (Extra 1=.ee) 2. Article Number (Transfer from service labef) 7D6 I PS Form 3811. Auguat 2001 1/ Yo ~ 00 19 /.;;?:jJ tlCri.eotic -." Rocoipt 'I02596-o1-M-258I a c ... ~~<g --J>"~l r1~ ~::(') ?..c) >c --;;1' ~ ,-.,') .= .= ...- :;". -,j .-'.... I 0" "" ,...> o ~ ~~. rnj;;;';' -oCl.j -U\,"- 0(1., ;e :}J ~~t~? ,;:::1 ~I; SHELBY MORRILL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-1225 Civil DALE S. MORRILL, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR EOUITABLE DISTRIBUTION AND NOW COMES Shelby Morrill, Plaintiff in the above captioned action, by her attorney, Lori K. Serratelli and the law firm ofSERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. who petitions this Court for equitable distribution and in support thereof, avers as follows: COUNT I 1. The Plaintiff filed a Complaint in Divorce on March 23, 2004. 2. Plaintiff states that the Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by the Court. WHEREFORE, Plaintiff requests that this Court: (a) Equitably distribute all property, personal and real owned by the parties; and (b) For such further relief as the Court may deem equitable and just. Respectfully submitted, J~ ,1tl. Lo' . rratelli, Esquire SE TELL!, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff VERIFICATION I verify that the statements made herein are true and conrect. 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. .JJl...t~ rn.()~_:'.Il.R SHELB ORRILL CERTIFICATE OF SERVICI~ I, Lori K. Serratelli, Esquire, do hereby certify that on JuneZt':-'to04, I served a copy of the foregoing upon the Defendant by depositing it it! the United States mail, postage prepaid, addressed as follows: Dale S. Morrill 207-C Mulberry Drive Mechanicsbur~, P A 17055 ?ill. Lori atelli, Esq. SE TELL!, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Ro:ad, Suite 201 Harrisburg, P A 1711 I) (717) 540-9170 Attorney for Plaintiff l ~ ~ ~ 0 ........ c...., 8 (") ,.." ~ C? (") C CJ " t: ~: ~- if! ;-~ I~:' <- -< -r ~ Cl! c..~.; ~~~ fii~ ....:. ..' ~ ~> ", ...,..,n, ~ ::'~~lCJ '" ~ w C'l(L , ---., -) ~'- "'~'l' ~{ V ';-"') -~l '7'-- ::.;: -;;.rs ~ r:~) ~::5;Tl ",,:. ::~ :<! -':~ .:b (,)1 -'-.. t:' SHELBY MORRILL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 04-1225 CIVIL DALE S. MORRILL, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER SHELBY MORRILL. (X) Plaintiff ( ) Defendant moves the court to appoint a Master with respect to the following claims: (x ) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (x ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support ofihe motion states: 1. Discovery (x ) is ( ) is not complete as to the claims(s) for which the appointment of Master is requested. 2. The non-moving party ( ) has ( ) has not appeared in the action ( ) personally (x) by hislher attomey Linda A. Clotfelter, Esquire. 3. The statutory ground(s) for divorce is/are 330I(c). 4. Check the applicable paragraph(s) by check mark: ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: N/A (x) The action is contested with respect to the foJlowing claims: Divorce and Equitable Distribution 5. The action ( ) involves (x ) does not involve complex issues of law or fact. 6. The hearing is expected to take (hours) Y, (dZlYS) 7. Additional information, iran)', relevant to the motion; Dated: r"J J.;) r/ 0 .,. I . ..\C D t ) Plaintiff ( ) Defendant ~~~ .::::> ~:'5 -n <.n (;';? C', - ORDER APPOINTING MASTER AND NOW, ,200 _, appointed Master with respect to the following claims: , Esquire, is BY THE COURT: J. MOVING PARTY NON-MOVING PARTY Name: Shelby Morrill Name: Dale S. Morrill Attorney's Name: Lori K. Serratelli, Esq. Attorney's Name: Linda A. Clotfelter, Esq. Attorney's Address: 2080 LingJestown Road, Suite 201 Attorney's Address 5021 East Trindle Road, Suite 100 Attorney's Telephone # (717) 540-9170 Attorney's Telephone # (717) 796-1930 Attomey's E-Mail: Iserratclli(lU,ssb c-Ia w. co m Attorney's E-Mail Unknown Party's Address and Telephone # if not represented by counsel: Party's Address and Telephone # ifnot represented by counsel: CERTIFICATE OF SERVICE: I, Lori K. Serratelli, Esquire, do hereby certify that on ~ ;:;1i served a copy of the foregoing upon the Defendant by depo,iting it in the United States , 2005, I mail, postage prepaid, addressed as follows: Linda A. Clotfelter 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 ~ U-U4~itr )bJ on K. Serratelh, Esq. SERRATELLI, SCH][FFMAN, BROWN & CALHOON, P.c. 2080 Linglestown Road, Suite 201 Harrisburg, P A 1711 0 (717) 540-9170 Attorney for Plaintiff c SHELBY MORRILL , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-1225 Civil DALE S. MORRILL, Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISE!![ENT OF SHELBY MORRILL (X) Plaintiff ( ) Defendant files the following inventory and appraisement of all property owned or possEssed by either party at the time this action was commenced and all property transferred within the preceding three years. (X) Plaintiff ( ) Defendant verifies that the statements made in this inventory and appraisement are true and correct. (X) Plaintiff Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. )l'Jl~1.t-:?c;: 7n~~~:'.R.e (X) P :intiff ( ) Defendant Page -1- ASSETS OF PARTIES (X) plaintiff items applicable to following pages. ( ) Defendant marks on the list below those the case at bar and itemizes the assets on the Real Property Motor Vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market savings certificates Contents of safe deposit boxes Trusts 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's compensation claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) X) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments Page -2- 21. Litigation claims (matured and unmatured) 22. Military/V.A. benefits 23. Education benefits X) 24. Debts due, including loans, mortgages held X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26. Other Page -3- MARITAL PROPERTY: (X) Plaintiff ( ) Defendant lists all marital property in which either or both spouses ha,ve a legal or equitable interest individually or with any other person as of the date this action was commenced. ITEM NO. 1 Susquehanna Valley Federal DESCRIPTION: Credit Union 401(k) (Wife) 12-31-03 (Sep. 1-1-04) DATE OF VALUATION: ---1Exhibit A) VALUE: 9.652 NON-MARITAL PORTION: None AMOUNT/NATURE OF ANY LIEN: None ITEM NO. 2 DESCRIPTION: 1998 Chevrolet Truck (Husband) VALUE: 3775 DATE OF VALUATION: Present (Exhibit B) NON-MARITAL PORTION: None Susquehanna Valley FCU AMOUNT/NATURE OF ANY LIEN: $3114 (4/12/04) ITEM NO. 3 DESCRIPTION: 1996 Nissan Maxima (Wife) VALUE: 4813 DATE OF VALUATION: Present (Exhibit C) NON-MARITAL PORTION: None Susquehanna Valley FCU AMOUNT/NATURE OF ANY LIEN: $2988 (4/28/04) ITEM NO. 4 DESCRIPTION: Personal Property in Possession of Wife VALUE: 545 DATE OF VALUATION: Present (Exhibit D) NON-MARITAL PORTION: None AMOUNT/NATURE OF ANY LIEN: None ITEM NO. 5 DESCRIPTION: Personal Property in Possession of Husband VALUE: 500 DATE OF VALUATION: Present (Exhibit D) NON-MARITAL PORTION: None AMOUNT/NATURE OF ANY LIEN: None Page -4- ITEM NO. 6 DESCRIPTION: PW50 Yamaha Motorcycle (Son) VALUE: Unknown DATE OF VALUATION: Unknown NON-MARITAL PORTION: None AMOUNT/NATURE OF ANY LIEN: Unknown Page -5- NON-MARITAL PROPERTY: (x) Plaintiff Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded form marital property. ITEM NO. 1 DESCRIPTION: 58 Sinclair Road Mechanicsburq, PA 17055 VALUE: 145.000 DATE OF VALUATION: ~praisal 2-28-01 (Exhibit E) Per Mid-Nuotial Aqreement - 6-25-1997 REASON FOR EXCLUSION: l)Mortgage/National City Mortgage in Joint Names 2)Home Equity/Susquehanna Valley Feu AMOUNT/NATURE OF ANY LIEN: in Joint Names ITEM NO. 2 DESCRIPTION: PW50 Yamaha Motorcvcle (Son) VALUE: Unknown DATE OF VALUATION: N/A REASON FOR EXCLUSION: Son's prooertv AMOUNT/NATURE OF ANY LIEN: Unknown ITEM NO. DESCRIPTION: VALUE: DATE OF VALUATION: REASON FOR EXCLUSION: AMOUNT/NATURE OF ANY LIEN: ITEM NO. DESCRIPTION: VALUE: DATE OF VALUATION: REASON FOR EXCLUSION: AMOUNT/NATURE OF ANY LIEN: ITEM NO. DESCRIPTION: VALUE: DATE OF VALUATION: REASON FOR EXCLUSION: AMOUNT/NATURE OF ANY LIEN: Page -6- PROPERTY TRANSFERRED: (X) Plaintiff ( ) Defendant lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years. ITEM NO. 1 DESCRIPTION: Suzuki Four Wheeler NAME OF OWNER(S) : Titled in Husband's Name for Son DATE OF TRANSFER: Unknown CONSIDERATION: Unknown PERSON TO WHOM TRANSFERRED: Unknown ITEM NO. 2 DESCRIPTION: 1991 Honda Accord Titled in Husband's name; however gift from NAME OF OWNER(S): Wife's brother durinq marriaqe Unknown (See Exhibit DATE OF TRANSFER: Unknown CONSIDERATION: F for NADA Value PERSON TO WHOM TRANSFERRED: Unknown ITEM NO. DESCRIPTION: NAME OF OWNER(S) : DATE OF TRANSFER: CONSIDERATION: PERSON TO WHOM TRANSFERRED: Page -7- LIABILITIES: (X) Plaintiff ( ) Defendant lists all liabilities of either or both spouses alone or with any person as of the date of separation. ITEM NO. 1 DESCRIPTION: National City Mortgage First MortGaCle (Joint Names) AMOUNT OF DEBT PRESENTLY: Aoorox. $57,000 (6/23/04) $57,225.67 (12/15/03) AMOUNT OF DEBT AT SEPARATION: DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: 10/1997 - Construction Loan converted to MortGaGe $605 x 7 ~ AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: $4235 ITEM NO. 2 DESCRIPTION: Susquehanna Valley Federal C.U. Home EQUity Loan (Joint Names) AMOUNT OF DEBT PRESENTLY: $53,869.22 (6/23/04) AMOUNT OF DEBT AT SEPARATION: $54,121.88 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: 10/01/01 - Credit Card Debt (Exhibit G) $532 x 7 ~ AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: $3724 Susquehanna Valley F.C.U. ITEM NO. 3 DESCRIPTION: (Husband) AMOUNT OF DEBT PRESENTLY: $3114 (4/12/04) (Exhibit H) AMOUNT OF DEBT AT SEPARATION: $3710 (Ao'Drox. ) (Exhibit H) DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: 5/12/2000/$10425/1998 Chevrolet Truck Loan AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: Aoorox. $1000 Page -8- ITEM NO. 4 DESCRIPTION: Susquehanna Valley F.C.U. (Wife) $2988 (4/28/04) (Exhibit I) $3834 (Auorox. ) (Exhibit I) AMOUNT OF DEBT PRESENTLY: AMOUNT OF DEBT AT SEPARATION: DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: 8/16/2000/$10000/1996 Nissan Car Loan AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: Aoorox. $1035 ITEM NO. 5 DESCRIPTION: Susquehanna Valley F.C.U. (Wife) $1789 (5/12/04) (Exhibit J) $2086 (ADi:Jrox. ) (Exhibit J) AMOUNT OF DEBT PRESENTLY: AMOUNT OF DEBT AT SEPARATION: DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: 1/23/2003/$3000/Unsecured Loan AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: Aoorox. $450 ITEM NO. 6 DESCRIPTION: Sears (Husband's Name) AMOUNT OF DEBT PRESENTLY: Unknown AMOUNT OF DEBT AT SEPARATION: Aoorox. :,800 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: Onooino Credit Card Charoes bv Husband durino marriaoe AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: Unknown ITEM NO. 7 DESCRIPTION: Sears Mastercard (Husband's Name) AMOUNT OF DEBT PRESENTLY: Unknown AMOUNT OF DEBT AT SEPARATION: Aoorox. $12,000 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: Onooino Joint Credit Card Charoes durino marriaoe AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: Unknown Page -9- ITEM NO. 8 DESCRIPTION: Havt. Havt & Landau (Husband) AMOUNT OF DEBT PRESENTLY: Unknown AMOUNT OF DEBT AT SEPARATION: Approx. $17.000 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: Premarital Debt/Repossessed Vehicle AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: Unknown ITEM NO. 9 DESCRIPTION: Home Depot (Husband) AMOUNT OF DEBT PRESENTLY: Unknown AMOUNT OF DEBT AT SEPARATION: Approx. $1300 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: Onqoinq Credit Card Charqes bv Husband durinq marriaqe AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: Unknown ITEM NO. 10 DESCRIPTION: Nextel (Husband) AMOUNT OF DEBT PRESENTLY, Unknown AMOUNT OF DEBT AT SEPARATION: Approx. $1224 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: Phone Charqes bv Husband's Friend durinq marriaqe AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: Unknown Page -10- CERTIFICATE OF SERVIC]~ I, Lori K. Serratelli, Esquire, do hereby certify that on ..L_\", ;;).<:1... , 2005, I , served a copy of the foregoing upon the Defendant by depositing it in the United States mail, postage prepaid, addressed as follows: Linda A. Clotfelter 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 t Q) Lori I Se atellt, Esq. SE TELL!, SCHIFFMAN, BROWN & CALHOON, P.e. 2080 Linglestown Roa.d, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff 006613 . a . 0000019712 - FBP SUSQUEHANNA VAllEY FCU lARRY STONER 3850 HARTZDAlE DRIVE CAMP Hill, PA 17011 Focus on Your FutureSM SHELBY R MORRill 58 SINCLAIR RD MECHANICSBURG. PA 17055 For the period October I. 2003 - December 31,2003 ? Every effort has been made to report information accurately. . Should you notice any error, please advise your Benefits Department within 1.0 days so that records can be corrected. '" To access your account via the automated phone line, 'u call1-800-MYKPLAN (1-800-695-7526). III Visit the Web at www.mvkplan.com ~For transactional details, please visit the web site. Plan Number: 006613 Employee Number: 7523 Vesting Start Date: 12/26/1995 Pre-Tax Deduction: 0% Location: Date of Hire: FBP 03/10/2000 Your Account At A Glance As of December 31, 2003 This Period y ear 1~o Date Beginning Balance Contributions Investment Earnings Ending Balance $8,069.35 523.58 1,058.95 $9,651.88 $4,539.26 2,890.(;:1 2,222.00 $9,651.88 Vested Balance $9,651.88 This statement includes contributions through payroll date 12/10/2003. Allocation Of Account The 'Allocation of Account' is how your current account balance was invested as of the end of the statement period. For Future Contribution Allocations, see page 2. Account Allocation As of December 31. 2003 Investment Type $0.00 0.00% Income $0.00 0.00% Growth & Income Aggressive Growth $6,555.73 67.92% Growth $3,096.15 32.08% Aggressive Growth Growth $9,651.88 Total SHELBY R MORRilL bQJj) Page 1 of6 For the period October 1, 2003 - December 31,2003 Allocation Of Account Detail The 'Account Allocation' column is how your current account balance is invested. The 'Future Contribution Allocation' column shows the latest investment elections you made regarding Mure contributions" You should periodically compare your Account Allocation to your Future Contribution Allocation to determine if the investment options and categories in your Account Allocation continue to reflect your investment objectives. Investments Account Allocation As of December 31. 2003 0.00% Income SSgA Govemment Money Market Fund SSgA Stable Value Fund Scudder Rxed Income Fund. A Growth & Income The George Putnam Fund of Boston - M Growth Rdelity Advisor Equity Income Fund - T American Century Inc & Grwth Fund. Adv SSgA S&P 500 Index Fund SSgA l1lrge Cap Core Equity Fund Rdelity Advisor Growth Opp Fund - T Janus Adv Cap Appreciation Fund - I T. Rowe Price Mid-Cap Value Fund. R Strong Opportunity Fund. Advisor Class Scudder Mid Cap Fund - A Aggressive Growth Putnam OTC & Emerging Growth Fund - M Rdelity Advisor Overseas Fund - T Janus Adviser Worldwide Fund - I PIMCO NFJ Small-Cap Value Fund. A SSgA Russell 2000 Index Strategy Fund Scudder Small Cap Fund - A AllianceBemstein Technology Fund - A $0.00 0.001% $0.00 $0.00 $0.00 0.00% $0.00 67.92:% $0.00 $0.00 $934.73 $2,819.25 $2,801.75 $0.00 $0.00 $0.00 $0.00 32.08% $0.00 $3,096.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,555.73 $3,096.15 Future Contribution Allocation 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 70.00% 0.00% 0.00% 9.68% 29.21% 29.03% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 10.00% 30.00% 30.00% 0.00% 0.00% 0.00% 0.00% 30.00% 0.00% 32.08% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 30.00% 0.00% 0.00% 0.00% 0.00% 0.00% Total $9,651.88 Important Message Now you can sign up today to have your before-tax contribution percentage increased automatically each year with Save Smart. It's a convenient and painless way to get yourself to save mon~ for your future. For more information about this feature, visit your Participant Web site. SHELBY R MORRILL Page 2 016 For the period October 1. 2003 - December 31.2003 ..... Average Annual Total Return Through the Quarter Ending December 31, 2003 Inception Year Since Investments Date 3 Months to Date 1 Year 3 Y'~ars 5 Years 10 Years Inception Income SSgA Govemment Money Market Fund 0.09% 0.44% 0.44% 1.72% 3.09% 3.84% N(A SSgA Stable Value Fund 0.68% 3,07% 3.07% 4.22% 4.65% 5,00% N/A Scudder FIXed Income Fund - A 06(28(02 0.30% 4,04% 4.04% N(A N(A N(A 5.70% Growth 8< Income The George Putnam Fund of Boston. M 12(01(94 7.72% 16,90% 16.90% 2,13% 2,92% N(A 9.75% Growth Rdellty Advisor Equity Income Fund. T 09(10/92 13,60% 28.41% 28.41% 1.87% 3.59% 10.93% 11.94% American Century Inc & Grwth Fund - Adv 12(15(97 13.22% 29.33% 29.33% -V69% -0.05% N(A 4.26% SSgA S&P 500 Index Fund 11.98% 27,84% 27.84% -4.72% -1.26% 10.28% N(A SSgA Large Cap Core Equity Fund 10.88% 25,39% 25.39% -2,30% -1.71% 9.11% N(A Rdellty Advisor Growth Opp Fund. T 11(18(87 10.95% 29.25% 29.25% .524% -6.29% 6.38% 12,33% Janus Adv Cap Appreciation Fund - I 05(01(97 9.11% 18.92% 18.92% .7.86% 1.69% N(A 12.24% T. Rowe Price Mid-Cap Value Fund - R 09(30(02 17.04% 38.26% 38.26% N(A N(A N(A 38.45% Strong Opponunity Fund - Advisor Class 02(24(00 11.74% 37.26% 37.26% -1.70% N(A N(A 1.64% Scudder Mid Cap Fund - A 06(28(02 9,07% 28.34% 28.34% N(A N(A N(A 5.74% Aggressive Growth Putnam OTC & Emerging Growth Fund. M 12(02(94 7.93% 34.17% 34.17% .2l.i32% -12.01% N(A 0,02% Rdellty Advisor Overseas Fund - T 04(23(90 16.45% 44,11% 44.11% -2.88% 1.17% 5.04% 6,04% Janus Adviser Worldwide Fund. I 05(01(97 12.62% 22.83% 22.83% -1D.48% 0.04% N/A 5.72% PIMCO NFJ Small.Cap Value Fund. A 01(20(97 14.27% 30.22% 30.22% 1657% 12,33% N(A 11.53% SSgA Russell 2000 Index Strategy Fund 14.25% 44.87% 44,87% 5.05% 5.88% 8.33% N(A Scudder Small Cap Fund - A 06(28(02 9.83% 22.07% 22.07% N(A N(A N(A 3.15% AllianceBemstein Technology Fund - A 03(01/82 10.27% 41.67% 41.67% -15.'10% .4.95% 11.46% 15.18% Performance returns assume funds were invested for the entire period. Actual returns on your account may differ because your investments are made over time through payroll deductions. Performance information for all publicly traded mutuai funds, excluding Money Market Funds, is provided by Mornlngsta,@*. Performance information for Money Market funds and certain other types of funds are provided by the respective fund manager. The funds' investment returns and principal values will fluctuate so that an an investor's shares, when redeemed, may be worth more or less than the original cost. Each of the funds involves special risks. Please refer to the fund's prospectus for a description of these risks. There may be other disclaimers related to the performance of specific funds under your plan. Please see your plan sponsor for additional information. Past performance is no guarantee of future results. For the most up to date ({) Call the automated phone line at 1\1 Visit the Web at investment results: 1-800-695-7526 '-- www.mykplan.com SHELBY R MORRill Page 3 of 6 For the period October 1, 2003 - December 31,2003 Investment Summary Fidelity Fidelity SSgA SSgA Large Advisor Growth Advisor sap 500 Cap Core OIPportunities Overseas Index Fund Equity Fund Fund - T Fund - T Totals Beg. Price $10.805434 $10.538852 $25.850000 $13.650000 Beg. Units/Shares 72.6814 227.1310 91.9242 184.1799 Beg. Balance $785.35 $2,393.70 !;2,376.24 $2,514.06 $8,069.35 Contributions 52.32 157.10 157.08 157.08 523.58 Investment Earnings 97.06 268.45 268.43 425.01 1,058.95 Transfers 0.00 0.00 0.00 0.00 0.00 Ending Balance $934.73 $2,819.25 !;2,801.75 $3,096.15 $9,651.88 Ending Price $12.100160 $11.685123 $28.640000 $15.790000 End. Units/Shares 77 .2494 241.2683 97.8266 196.0830 Contribution Summary Activity By Employee Employer Profit Money Source 401(k) Match Sharing Total Beginning Balance $2,722.38 $2,722.38 l;2,624.59 $8,069.35 Contributions 261.79 261.79 0.00 523.58 Investment Earnings 362.16 362.16 334.63 1,058.95 Ending Balance $3,346.33 $3,346.33 ~i2,9S9.22 $9,651.88 Vested Balance $3,346.33 $3,346.33 ~i2,959.22 $9,651.88 YTD Contributions $993.27 $993.27 $904.08 $2,890.62 SHELBY R MORRILL Page 4 of6 For the period Octol.er 1, 2003 - December 31,2003 Fund Descriptions SSgA Government Money Market Fund Primarily invests in direct obligations of the U.S. Treasury, U.S. Government aglmcies, repurchase agreements and money markets with maturities of 13 months or less. (The fund itself is not insured or guaranteed by the U.S. Government.) SSgA Stable Value Fund Primarily invests in investment contracts held at book value (issued by insurance companies, banks or other financial institutions). and high quality short investment products. SSgA Stable Value Fund is a portfolio consisting of Guaranteed Investment Contracts. SSgA is the investment manager for the Stable Value Fund. This fund is managed exclusively for participants in certain plans for which ADP Retirement Services provides record keeping and related services. Scudder FIxed Income Fund - Class A Management uses a bottom-up approach, focusing on selection of issues it believes to be undervalued relative to the market. The process is based on a value~driven philosophy and does not rely on market variables such as interest rates. By examining various risk factors, management assigns an individual security a fair value, based on its creditworthiness, structure and liquidity; looks to exploit any inefficiencies between intrinsic value and market price; and makes independent investment decisions that culminate in sector weightings that are a residual of where value is found at the issue level. The George Putnam Fund of Boston. Class M Fund invests in a well-diversified combination of value-:orientated stocks and bonds. Fidelity Advisor Equity Income Fund. Class T The fund normally invests at least 80% of total assets in income-producing equity securities. American Century Income 8. Growth Fund - Advisor Class Stock selection process utilizes quantitative management techniques, drawing heavily on computer modeling technology, combining value and growth characteristics. The fund targets stocks with a higher expected dividend yield and higher overall return potential than the S&P 500 Index, without assuming significant risk. SSgA S8.P 500 Index Fund The fund invests in individual U.S. common stocks in identical proportions to the Standard & Poor's 500 Index (equity index). SSgA Large Cap Core Equity Fund The Fund holds approximately 90 to 140 carefully selected stocks that exhibit strong earnings growth and represent good values in their industry. Stocks within the portfolio are chosen from a true large cap core investable universe of approximately 1,000 names. Fidelity Adyisor Growth Opportunities Fund - Class T This fund is composed primarily of stocks with above average growth potential plus special situations, debt securities and cyclicals. Janus AdYlser Capital Appreciation Fund - Class I Invests in a concentrated stock fund portfolio. Primarily selects stocks for their growth potential. T. Rowe Price Mld-Cap Value Fund - R Class The fund will invest at least 80% of its net assets in companies whose market capitalization falls within the range of companies in the S&P Mid Cap 400. The fund focuses on companies with the following: Attractive operating margins, sound balance sheet and financial management, and stock ownership by management. Strong Opportunity Fund - Advisor Class The fund is primarily comprised of mid-sized companies that are selling at discounts to their private market value (i.e., undervalued stocks) with excellent growth characteristics. Putnam OTC 8. Emerging Growth Fund - Class M Invests mainly in stocks traded over-the-counter (OTC) of small- to medium-sized emerging growth companies. The fund's focus on rapidly growing small and midsize companies makes it Putnam's most aggressive growth product. Scudder Mid Cap Fund - Class A The portfolio management team uses a "bottom-up" approach to picking securities that focuses on individual selection of stocks rather than industry selection. The team uses an active inve:stment process to evaluate individual growth prospects and competitive strategies. Each portfolio manager has sector responsibilities with investment discretion over securities. The team focuses on mid-cap stocks with superior growth prospects and above-average performance potential. Fidelity Advisor Overseas Fund - Class T This fund primarily invests in equity securities located outside North America. Janus Adviser Worldwide Fund - Class I Primarily invests in equities of companies located within and outside the United States. SHELBY R MORRilL Page 5 of6 For the period October 1. 2003 - December 31.2003 Fund Descriptions PIMCO NFJ Smal~ap Value Fund - Class A The fund normally invests in undervalued smaller capitalization common stocks (approximately 100 holdings) with a market capitalization between $100 million and $1.8 billion. Each stock is required to pay a dividend. SSgA Russell 2000 Index Strategy Fund The Russell 2000 Index Strategy employs a replication approach to construct a fund whose returns closely track those of the Russell 2000 Index. Scudder Small Cap Fund - Class A Under normal circumstances, the Fund invests at least 80% of its total assets in the equity securities of U.S. smaller capnalization companies. The investment advisor defines the small capitalization equity securities universe as the bottom 20% of the total domestic equity market capitalization (at the time of investment), using a minimum market capitalization of $10 million. The Fund may also invest up to 20% of its assets in the stocks of non-U.S. companies and up to 20% of its assets in large capitalization stocks. Under normal conditions, these two tactics would not comprise major elements of its strategy. AlllanceBemstein Technology Fund - Class A Invests primarily in securities of companies that use technOlOgy extensively in the development of new or improved products/processes. Within this framework, the fund may invest in any company and industry, as well as in any type of security with potential for capital appreciation. The Fund can invest in well-known, established companies or in new or unseasoned companies. For complete information about these funds, including fees and expenses, please see the prospectus. Read it carefully before selecting an investment option in the plan. *@2003 Morningstar, Inc. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/ or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete, or timely. Neither Morningstar, ADP nor their contl:mt providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results. SHELBY R MORRILL Page 6 of6 Vehicle Summary Trade Value Page 1 of 1 N.A.D.A. Official Used Car Guide Vehicle Summary Trade Value 5/15/2004 I998 CHEVROLET TRUCK SIO PICKUP-V6 FLEETSIDE 6' Region: Eastern 05-2004 Stock #: VIN: N.A.D.A. Base Trade-In Mileage (75,001 ) Accessories $3,775 $0 -$400 N.A.D.A. Trade-In Value $3,375 Optional Equipment: Alum! Alloy Wheels Wlout 3rd Door W/outAuto. Trans. $50 -$125 -$325 Option Total: -$400 All NADA values are reprinted with pennission of N.A.D.A. Official Used Car Guide@ Company Copyright@NADASC 2000 http://www.nada.com!b2b/VV /V sedCar/reports/tradeval.htrn 5/15/2004 Vehide Sum~ary Trade Value 1996 NISSANIDATSUN MAXIMA-V6 SED 4D GLE N.A.D.A. Base Trade-In Mileage ( 88,000 ) Accessories N.A.D.A. Trade-In Value Optional Equipment: Option Total: Page 1 of 1 N.A.D.A. Official Used Car Guide Vehicle Summary Trade Vallue 5/15/2004 Region: Eastern 05-2004 Stock #: VIN: $4,375 $438 $0 $4,8I3 $0 All NADA values are reprinted with pennission (If N.A.D.A. Official Used CarGuide@CompanyCopyright@NADASC2000 http://www.nada.comIb2bNViUsedCar/reports/tradeval.htm 5/15/2004 '" , o MCIIfJl3 :i!.. "M ';)"d %O~ S3/l::J3S 00006 ~ (' i ;; Personal Prooertv in Possession of Wife 1. Couch & Matching Chair 2. Refrigerator 3. Washer & Dryer 4. Queen Bed, Dresser & Nightstand (At least 10 years old) 5. Dresser 6. T.V. 7. T. V. Stand 8. Computer and Printer 9. Computer Desk 10. Grill 11. Digital Camera 12. 35 mm Camera 13. Stereo Personal Prooertv in Possession of Husband 1. Riding Lawnmower 2. T.V. (Gift from Wife's Mother) 3. Oak Bench (Gift from wife's Mother) 4. VCR 5. Stereo Estimated Value -0- 50 50 200 75 -0- 20 75 10 20 25 -0- 20 $545 500 Unknown Unknown -0- -0- $500 M~NUYnALAGREEMENT THIS AGREEMENT is made this ~ 5 day of -J '" ^ c , 1997 between Shelby R. Morrill (hereinafter referred to as "Shelby", of Cumberland County, Pennsylvania, and Dale S. Morrill (hereinafter referred to as "Dale"), of Cumberland County, Pennsylvania, in order to settle and adjust all rights each may have or claim in the property of the other by reason of their marriage. WHEREAS, Shelby and Dale were married on September 14, 1996; and WHEREAS, Shelby has acquired real estate, known as RRI, Lot 2, Sinclair Road, Mechanicsburg, Pennsylvania 17055 as a gift from Robert B. Weber and Cheryl Carey Weber; WHEREAS, Dale owned no real property prior to the marriage and currently owns no real property; WHEREAS, each party has fully advised the other of the nature and probable value of his or her property; specifically; Dale represents that the attached Exhibit "A" fully and fairly discloses his income, property and liabilities. Shelby represents that the attached Exhibit "B" fully and fairly discloses her income, property and liabilitites. WHEREAS, Shelby has consulted Lori K. Serratelli, Esquire and Dale has been advised that he has the right to have his own attorney to advise and represent him. Each party has been fully advised of the rights he or she would have under Pennsylvania law with respect to the property of the other by reason of their marriage, if this Agreement were not made, including, but not limited to the following: a. Rights of surviving spouse to specified portions and amounts ofa deceased spouse's property; and b. The right to seek a court order of payment of maintenance (alimony and support) and making a just and equitable division of the property of the parties upon the dissolution of their llllIlTiage. Each party has also been advised that he or she may havll or acquire other rights granted to spouses under the laws of other states and countries in which the parties, or either of them, may reside or own property, and that such other rights may be limited or forfeited by this Agreement. NOW THEREFORE, in consideration of the mutual promises and undertakings herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged respectively, and the covenants and agreements herein contained, it is agreed as follows: 1. REAL ESTATE Except as provided herein, the parties agree that, notwithstanding any contrary provisions of the law of Pennsylvania, or any other state or country, the provisions of this Agreement wiu determine the rights, if any, that each party will have in the real e:state located at RR 1, Lot 2, Sinclair Road, Mechanicsburg, Pennsylvania deeded to Shelby on February 18, 1997 and recorded February 20, 1997 in Deed Book 153, Page 576, Cumberland County Recorder of Deeds Office. Further, Dale acknowledges that the property located atRR 1, Lot 2, Sinclair Road, Mechanicsburg, Pennsylvania, including any appreciation then~on throughout the marital coveture period, shall be the sole property of Shelby in consideration of the fact that the funds used to purchase said property were borrowed from National City Mortgage Company in the amount of Sixty-Two Thousand ($62,000.00) Dollars and that said debt shall be the full liability of Shelby. Further, Shelby agrees to indemnity Dale and hold him harmless from any and all liability arising from said debt. Further, any taxes, utilities, costs and maintenance and upkeep with regard to the property shall be the full liability of Shelby. In the event of separation and/or divorce, Shelby agrees to pay to Dale a sum representing one-half of any contributions made to Shelby for payment of the mortgage and any improvements with regard to the residence only. Said payment shall not exceed one-half of the appreciation as defined by the difference between the current value of Seventy Six Thousand ($76,000.00) Dollars and the appraised value at separation. Dalf~ specifically waives any and all interest in the land, including appreciation and the remaining appreciation, after application of the above formula, on the residence. 2. RIGHT TO POSSESSION OF MARITAL RESmENCE DURING SEPARATION OR DIVORCE Dale acknowledges he has made no financial contribution to the real estate located at RR I, Lot 2, Sinclair Road, Mechanicsburg, Pennsylvania, but ,'lil! continue to have the right to reside in the residence during the parties' marriage. In the event of separation and/or divorce, Dale agrees that upon ninety (90) days written notice from Shelby requesting the separation or divorce, that he will vacate the residence at RR 1, Lot 2, Sinclair Road, Mechanicsburg, Pennsylvania and that he waives any claim under the Pennsylvania Divorce Code to exclusive possession of said residence. 3. RIGHTS UNDER THE 1980 DIVORCE CODE OFPENNSYL VANIA. AS AMENDED The parties acknowledge that except for the real estate located at RR 1, Lot 2, Sinclair Road, Mechanicsburg, Pennsylvania, all other real estate whi(;h may be acquired during the marriage, all other personal property, and all other intangible marital property such as pensions or retirement funds will be treated as marital property as defined under the Divorce Code, with the exception of gifts from third parties or inheritances, subject to equitable distribution. Dale and Shelby shall retain all their rights to spousal support from the other, alimony, alimony pendente lite and counsel fees from the other in the event of divorce. 4. DEATH In the event Shelby predeceases Dale, and the parties have not separated or divorced, the property known as RR 1, Lot 2, Sinclair Road, Mechanicsburg, Pennsylvania, shall be included in Shelby's estate for purposes of distribution to her h,~irs at the time of death. 5. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 6. LEGALLY BINDING It is the intent ofthe parties hereto to be legally bound hl~reby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 7. FULL DISCLOSURE Each party assets that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. Tht:se disclosures are part of the consideration made by each party for entering into this Agreem~nt. 8. COSTS TO ENFORCE In the event that either party defaults in the performanC4~ of any duties or obligations required by the terms of this Agreement and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 9. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: (l) Is fully and completely infonned as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both parties; (2) Enters into this Agreement voluntarily after receiving the advice of independent counsel; except that Husband has been advised by Wife's attorney that he has the right to independent counsel and has voluntarily chosen not to be represented and has acknowledged that he fully understands that Wife's attorney represents only Wife's interests and not his own and he has nonetheless chosen to be unrepresented in this matter; (3) Has given careful and mature thought to the making of this Agreement; (4) Has carefully read each provision of this Agreement; (5) Fully and completely understands each provision oft!J~s Agreement, both as to the subject matter and legal affect. 10. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by written instrument signed by both parties. 11. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs here:in, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 12. LAW APPLICABLE This Agreement shall be governed, construed and enfomed under the statute and case law of the Commonwealth of Pennsylvania. 13. HEADINGS NOT PART OF AGREEM...EK! Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, constructions or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. WITNESS: -f1t-2:ot. f / /:i:, ""'::? /,"1. '/' A' 1/ (/ __________- . I /_____ !,.t~-------/ 1 ~( ,l..J.. .L.Lj)"~ vI.. '.r/1,(,~...r.~~..( ,.( , SHELBYR MORRILL 9&/ .1 /Ju;,~J:) DALE S. MORRILL COMMONWEAL'ffi OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this 25th day of June, 1997, before ne, a Notary Public, the undersigned officer, personally appeared Shelby R. M:>rrill and Dale S. M::>rrill, known to rre to be persons whose names are subscribed to this instrurrent and acknowledged they executed the same for the purposes therein contained. -._--,-- Notanal Sea! Cathy M S~mse~:, Notal} Public Lower Allen Twp__ CUfl"lbenand County My CommiSSion Expires Dee. 4. 2000 Men t....r PCflR3]1,,,,.,w, AssoGiation of Notaries r)r"' .. / I '--:"'--~ '- ~_.~ L._'":jln.........,,_J..-____ .;::-___' Notary Public EXHIBIT "A" Income: $785.84 Bi-Weekly - Workman's Compensation Property: None Liabilities: a. Pennsylvania National Bank (Car Loan) b. MBNA America - $2,000.00 c. First Bankcard Center - $3,500.00 d. Direct Merchants - $1,000.00 EXHIBIT "B" Income: $15,500.00 Property: RR 1, Lot 2 Sinclair Road Mechanicsburg, PA 17055 Liabilities: a. National City Mortgage Co. - $62,000.00 b. America Honda Finance Corp. (Car Loan) c. Capital One - $2400.00 d. Prime Option - $900.00 Monill.M.. Vehicle LoaD. Value Summary 199I HONDA ACCORD SED 4D LX N.A.D.A. Base Loan Mileage ( 130,001 ) Accessories N.A.D.A. Loan Valne Optional Eqnipment: Option Total: N.A.D.A. Official Used Car Guide Vehicle Loan Value Summllry 8/11/2004 Region: Eastern August, 2004 Stock #: VIN: $I,400 $0 $0 $1,400 $0 All NADA values are reprinted with permission of N.A.D.A. Official Used Car Guide@ Company Copyright@NADASC 2000 hrtp://www.nada.comIb2b/VVlUsedCar/reports/loanval.htm Page 1 of 1 8/11/2004 Loan/Credit Card Pavoff Date Debtor Amount l. Susquehanna Valley F.C.U. Payoff Personal Loan for Lawnmower 3/13/01 Joint $1691 2 . WFNNB-Victoria's Secret 3/13/01 Wife 288 3 . WFNNB-Express 3/13/01 Wife 205 4. Citibank 3/13/01 Wife 8733 5 . Fleet 3/13/01 Wife 4681 6. Hecht's 3/13/01 Wife 303 7. Walmart 3/13/01 Wife 971 8. Wards 3/13/01 Wife 723 9. First USA Bank, NA 3/13/01 Wife 7178 10. The Bon Ton 3/13/01 Wife 145 11. Discover Card 3/13/01 Wife 7640 12. Toys R Us 3/13/01 Wife 597 13 . Boscov's 3/13/01 Wife 216 14. HFC 3/13/01 Wife 4605 15. Qcard 3/13/01 Wife 66 16. Capital One/5291151749998744 3/13/01 Wife 280 17. Kohl's 3/13/01 Wife 172 18. Capital One/4388641828720750 3/13/01 Husband 206 19. MBNA American 3/13/01 Husband 6820 20. First National Bank 3/13/01 Husband 9545 2l. Lowe's 3/13/01 Husband 679 22. Direct Merchants 3/28/01 Husband 3600 Subtotal Joint: $ 1691 Subtotal Wife: 36,803 Subtotal Husband: 20.850 TOTAL: 59,344 SUSQUEHANNA VALLEY 05!J3/2004 09:47 Account History Print L.;enhOlder: 5ustueha..,..",a.. VdLl\6y F.c:..u.. 3650 H"'-r'tzd...'", D.;Y'" telsrc C <<..,.,., po Hill, PA Page: 1 ID: histprt.1 17011 ======================================================================~===s===================================================== F. C. U. ? Member#: 10378 From Date: Specific Date Thru Date: CUrrent Business Day Tran Code Description Ip Loan Payment Ip Loan Payment lp Loan Payment lp Loan Payment lp Loan Payment lp Loan Payment Ip Loan Payment lp Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment lp Loan Payment lp Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment lp Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment lp Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment svcu User ID teljl teljl teljlp teljls teljlp teljlp teljl telser batch batch batch batch batch batch batch batch teljls teljls batch batch batch batch teljal batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch telve batch batch batch batch Type: : 05/12/2000 Tran Date 04/12/2004 04/02/2004 03/29/2004 02/21/2004 02/18/2004 02/18/2004 01/20/2004 12/1S/2003 11/12/2003 10/29/2003 10/15/2003 10/01/2003 09/17/2003 09/03/2003 OS/20/2003 OS/06/2003 07/24/2003 07/24/2003 07/23/2003 07/09/2003 06/25/2003 06/11/2003 05/15/.2003 05/14/2003 04/30/2003 04/16/2003 04/02/2003 03/19/2003 03/05/2003 02/1S/2003 02/05/2003 01/.22/2003 01/0S/2003 12/24/2002 12/11/2002 11/27/2002 11/13/2002 10/16/2002 10/02/2002 09/18/.2002 09/1S/2002 09/04/2002 08/21/2002 OS/07/2002 10:33 13:38 OS:42 10:0S 09:53 09:52 09:02 09:11 08:39 08:27 08:23 08:41 OS:24 08:21 08:15 08:23 12:01 11:54 08:31 08:25 08:22 08:25 OS:42 08:27 08:07 09:14 08:30 OS:32 08:22 12 :32 08:27 08:26 OS:25 08:24 08:31 08:32 08:24 08:39 08:15 08:42 OS:14 08:20 08:19 OS: 19 Tran Draft Principal Time Number Amt 94.99 97.93 193. " 53.33 27.00 128.78 152.67 103.10 91.13 90.93 90.73 90.54 90.34 90.14 89.94 90.48 .73 1.20 89.55 89.35 89.16 78.75 36.14 88. n 88.52 88.32 88.13 87.94 86.87 88.44 87.36 87.17 86.06 87.74 86.61 86.42 72.52 86.07 85.88 10.96 85.67 85.48 85.30 85.11 Cert/LN#: 1 Date Order?: yes Int Arnt 5.01 2.07 20.23 1. 67 16.80 19.91 22.30 8.87 9.07 9.27 9.46 9.66 9.86 10.06 9.52 .73 10.45 10.65 10.84 21.25 . " 11.29 11.48 11.68 11.87 12.06 13.13 11.56 12.64 12.83 13.94 12.26 13.39 13.58 27.48 13.93 14.12 14.33 14.52 14.70 14.89 20.00 20.00 20.00 20.00 Fee Arnt Tran 100.00 100.00 234.00 55.00 27.00 165.58 192.58 145.40 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 .73 1. 93 100.00 100.00 100.00 100.00 36.93 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 10.96 100.00 100.00 100.00 100.00 CUrrent Arnt Balance 3,114.20 3,209.19 3,307.12 3,500.89 3,554.22 3,581.22 3, no .00 3,862.67 3,965.77 4,056.90 4,147.83 4,238.56 4,329.10 4,419.44 4,509.58 4,599.52 4,690.00 4,690.73 4,691. 93 4,781.48 4,870.83 4,959.99 5,038.74 5,074.88 5,163.59 5,252.11 5,340.43 5,428.56 5,516.50 5,603.37 5,691.81 5,"9.17 5,866.34 5,952.40 6,040.14 6,126.75 6,213.17 6,285.69 6,371.76 6,457.64 6,468.60 6,554.27 6,639.75 6,725.05 SUSQUEHANNA VALLEY F. C. U. 05'/,)3/2004 09:47 telsrc svcu Account History Print Page: 2 10: histprt. 1 ===m:==c===============================C===================ac===....c=......==================================================== Member#: Account: 10378 Dale S. Morrill 1 Fully Title Secured Tran Code Description aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment LA Loan Add On aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment LD Loan Debit aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment Id Loan Debit aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment LD Loan Debi t aclp ACH Loan Payment aclp ACH Loan Payment User ID batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch lnsecm batch batch batch batch batch Inssjb batch batch batch Inssjb batch batch batch batch batch batch batch batch batch batch batch batch batch lnssjb batch batch Tran Date Tran Draft principal Time Number Amt 07/24/2002 08:17 07/10/2002 08:07 06/26/2002 08:21 06/12/2002 08:21 OS/29/2002 08:12 05/15/2002 08:09 05/01/2002 08:38 04/17/2002 08:11 04/03/2002 08: 13 03/20/2002 08:25 03/06/2002 08:13 02/20/2002 08:26 02/06/2002 07:44 01/24/2002 15:22 01/09/2002 08: 13 12/26/2001 08:03 12/12/2001 08:12 11/28/2001 08: 01 11/14/2001 08: 19 11/09/2001 17:16 10/31/2001 08:28 10/17/2001 08:19 10/03/2001 08:10 09/19/2001 08:09 08/22/2001 08:20 08/08/2001 10:29 08/08/2001 08:17 07/25/2001 08:11 07/11/2001 08:27 06/28/2001 09:28 06/27/2001 08:20 06/13/2001 08:08 05/30/2001 08:23 05/16/2001 08:08 05/02/2001 08:25 04/18/2001 08:14 04/04/2001 08:23 03/21/2001 08:15 03/07/2001 08:16 02/21/2001 08:19 02/07/2001 08:18 01/24/2001 08:18 01/10/2001 08:26 12/27/2000 09:15 12/27/2000 08:12 12/13/2000 08: 15 84.93 84.74 84.56 84.37 84.19 84.00 83.82 83.64 83.45 83.27 83.09 82.91 83.96 81. 30 82.37 82.19 82.01 81.83 78.90 250.00 77.15 76.94 76.72 53.15 29.48 76.49 76.49 76.28 52.27 76.14 76.14 75.92 75.71 75.50 75.29 75.09 74.88 74.67 74.46 74.26 74.05 73.85 47.43 73.71 73.71 73.51 Int Amt 15.07 15.26 15.44 15.63 15.81 16.00 16.18 16.36 16.55 16.73 16.91 17.09 16.04 18.70 17.63 17.81 17.99 18.17 21.10 22.85 23.06 23.28 46.85 70.52 23.51 23.51 23.72 47.73 23.86 23.86 24.08 24.29 24.50 24.71 24.91 25.12 25.33 25.54 25.74 25.95 26.15 52.57 26.29 26.29 26.49 Fee Amt Tran 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 250.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 From: 05/12/2000 Thru: 05/03/2004 Amt Current Balance 6,810.16 6,895.09 6,979.83 7,064.39 7,148.76 7,232.95 7,316.95 7,400.77 7,484.41 7,567.86 7,651.13 7,734.22 7,817.13 7,901.09 7,982.39 8,064.76 8,146.95 8,228.96 8,310.79 8,389.69 8,139.69 8,216.84 8,293.78 8,370.50 8,423.65 8,453.13 8,376.64 8,453.13 8,529.41 8,581. 68 8,505.54 8,581.68 8,657.60 8,733.31 8,808.81 8,884.10 8,959.19 9,034.07 9,108.74 9,183.20 9,257.46 9,331.51 9,405.36 9,452.79 9,379.08 9,452.79 SUSQUEHANNA VALLEY 05 '03/2004 09:47 F. C. U. telsrc Account History Print Page: 3 ID: histprt.1 svcu ============================================================z==========z====================================E===::============== Member#: Account: 10378 Dale S. Morrill 1 Fully Title Secured From: 05/12/2000 Thru: 05/03/2004 Tran User Tran Tran Draft Principal Int Fee Tran Current Code Description ID Date Time N~r Arnt Arnt Arnt Arnt Balance ------------------------------ -------- ---------- -------- --------- --------- --------- ------------ ------------- aclp ACH Loan Payment batch 11/29/2000 08:28 73.31 26.69 100.00 9,526.30 aclp ACH Loan Payment batch 11/15/2000 08:49 73.10 26.90 100.00 9,599.61 aclp ACH Loan Payment batch 11/01/2000 08:23 72.90 27.10 100.00 9,672.71 aclp ACH Loan Payment batch 10/18/2000 08:22 72.70 27.30 100.00 9,745.61 aclp ACH Loan Payment batch 10/04/2000 08:21 72 .50 27.50 100.00 9,818.31 aclp ACH Loan Payment batch 09/20/2000 08:14 72.29 27.71 100.00 9,890.81 aclp ACH Loan Payment batch 09/06/2000 08:16 72 .09 27.91 100.00 9,963.10 aclp ACH Loan Payment batch 08/23/2000 08:13 71.89 28.11 100.00 10,035.19 aclp ACH Loan Payment batch 08/09/2000 08:09 71.69 28.31 100.00 10,107.08 aclp ACH Loan Payment batch 07/26/2000 08:13 71.50 28.50 100.00 10,178.77 aclp ACH Loan Payment batch 07/12/2000 08:10 71.30 28.70 100.00 10,250.27 ac1p ACH Loan Payment batch 06/28/2000 08:12 13.78 86.22 100.00 10,321.57 It Transfer Loan Payment tel pIp 05/17/2000 09:30 89.65 10.35 100.00 10,335.35 NL New Loan Inssjb 05/12/2000 10:08 10,425.00 10,425.00 10,425.00 Database ID: svcu Start Date: 05/03/2004 End Date: 05/03/2004 Syslog Filename: 05030409300394.e Start Time: 9:47:39 am End Time: 9:47:39 am Elapsed Time: 00:00:00 End of Report L.ie....holder.. S h ,",St",e a.."....eL "Va.lley F'.c.w.. 36So H tLrtz.d 4' e Drive SUSQUEHANNA VALLEY F. C. U. Account History Print ....... t . p Page: 1 . I...,..a..""'p "011., A . 05/0: 2004 09:48 telsrc svcu ID: h~stprt.l ....;.............................................................................".................==.J.J.~J).................. ? Member#: 10378 From Date: Specific Date Thru Date: Current Business Day Type: : 08/16/2000 cert/LN#: 2 Date Order?: yes Tran -----------------------------------------------------------------------------------.----------------------------------------------- Balance Code Description aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment Ip Loan Payment Ip Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment It Transfer Loan Payment Ip Loan Payment acIp ACH Loan Payment acIp ACH Loan Payment acIp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment 1a Loan Add On aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment User ID batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch te1j1s teIj1s batch batch batch batch batch te1ja1 teIjal batch batch batch batch batch batch batch batch batch batch batch 1nssjb batch batch batch Tran Tran Draft principal Time Number Arnt Date 04/28/2004 08:20 04/14/2004 08:43 03/31/2004 08:29 03/17/2004 08:29 03/03/2004 08: 28 02/18/2004 08:24 02/04/2004 08: 25 01/21/2004 08: 19 01/07/2004 08:24 12/24/2003 08:35 12/10/2003 08:20 11/26/2003 08:27 11/12/2003 08:39 10/29/2003 08:27 10/15/2003 08:23 10/01/2003 08:41 09/17/2003 08:24 09/03/2003 08:21 08/20/2003 08:15 08/06/2003 08:23 07/24/2003 12:01 07/24/2003 11:54 07/23/2003 08:31 07/09/2003 08:25 06/25/2003 08:22 06/11/2003 08:25 OS/28/2003 08:34 05/15/2003 08:46 05/15/2003 08:43 05/14/2003 08:27 04/30/2003 08:07 04/16/2003 09:14 04/02/2003 08:30 03/19/2003 08:32 03/05/2003 08:22 02/18/2003 12:32 02/05/2003 08:27 01/22/2003 08:26 01/08/2003 08:25 12/24/2002 08:24 12/12/2002 15:21 12/11/2002 08:31 11/27/2002 08:32 11/13/2002 08:24 106.69 106.40 106.12 105.83 105.55 105.27 104.99 104.71 104.43 104.15 103.87 103.59 103.31 103.03 102.76 102.48 102.21 101.94 101. 66 102.36 .97 5.16 101.10 100.83 100.56 100.29 101.09 1. 07 7.61 99.73 99.46 99.19 98.93 98.66 57.22 59.34 57 .87 97.61 56.09 98.72 2,000.00 101. 73 101.44 101.16 Int Fee Tran Arnt Arnt Arnt 8.31 8.60 8.88 9.17 9.45 5.73 10.01 10.:25 10.57 10.85 11.13 11.41 11.69 11.97 12.24 12.52 12.79 13.06 13.34 12.64 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 .97 6.13 115.00 115.00 115.00 115.00 115.00 1.07 8.68 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 2,000.00 115.00 115.00 115.00 .97 13.50 14.17 14.44 14.71 13.51 1.07 15.27 15.54 15.81 16.07 16.34 17.78 15.66 17.13 17.39 18.51 16.28 13.27 13 .56 13 .84 Current 2,988.65 3,095.34 3,201.74 3,307.86 3,413.69 3,519.24 3,624.51 3,729.50 3,834.21 3,938.64 4,042.79 4,146.66 4,250.25 4,353.56 4,456.59 4,559.35 4,661.83 4,764.04 4,865.98 4,967.64 5,070.00 5,070.97 5,076.13 5,177.23 5,278.06 5,378.62 5,478.91 5,580.00 5,581.07 5,588.68 5,688.41 5,787.87 5,887.06 5,985.99 6,084.65 6,181.87 6,281.21 6,379.08 6,476.69 6,572.78 6,671.50 4,671.50 4,773.23 4,874.67 SUSQUEHANNA VALLEY F. C. U. 05/07/2004 09:48 telsrc svcu Account History Print Page: 2 ID: histprt.l ==================================================================================================================-============= From: 08/16/2000 Thru: 05/03/2004 Member#;: Account: 10378 Dale S. Morrill 2 Fully Title Secured ------------------------------------------------------------------------------------------------------------------------------------ Tran Code Description aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment LA Loan Add On aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment User ID batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch lnsecm batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch Tran Date Tran Draft Principal Time Number Amt 10/30/2002 08:40 10/16/2002 08:39 10/02/2002 08:15 09/18/2002 08: 14 09/04/2002 08:20 08/21/2002 08:19 08/07/2002 08:19 07/24/2002 08:17 07/10/2002 08:07 06/26/2002 08:21 06/12/2002 08:21 OS/29/2002 08:12 05/15/2002 08:09 05/01/2002 08:38 04/17/2002 08:11 04/03/2002 08:13 03/20/2002 08:25 03/06/2002 08:13 02/20/2002 08:26 02/06/2002 07:44 01/24/2002 15:22 01/09/2002 08:13 12/26/2001 08:03 12/12/2001 08:12 11/28/2001 08: 01 11/14/2001 08:19 11/09/2001 17: 11 10/31/2001 08:28 10/17/2001 08:19 10/03/2001 08:10 09/19/2001 08:09 09/05/2001 09:59 08/22/2001 08:20 08/08/2001 08:17 07/25/2001 08:11 07/11/2001 08:27 06/27/2001 08:20 06/13/2001 08:08 05/30/2001 08:23 05/16/2001 08:08 05/02/2001 08:25 04/18/2001 08:14 04/04/2001 08:23 03/21/2001 08:15 03/07/2001 08:16 02/21/2001 08:19 100.88 100.60 100.32 100.05 99.77 99.49 99.22 98.94 98.67 98.39 98.12 97.85 97.58 97.31 97.04 96.77 96.50 96.23 95.96 97.07 94.03 95.17 94.90 94.64 94.38 91. 52 250.00 89.78 89.47 89.17 88.86 88.56 88.25 87.95 87.65 87.35 87.05 86.75 86.46 86.16 85.87 85.57 85.28 84.99 84.70 84.41 rnt Arnt 14.12 14 .40 14 .68 14.95 15.23 15.51 15.78 16.06 16.33 16.61 16.88 17.15 17.42 17.69 17.96 18.23 18.50 18.77 19.04 17.93 20.97 19.83 20.10 20.36 20.62 23.48 25.22 25.53 25.83 26.14 26.44 26.75 27.05 27.35 27.65 27.95 28.25 28.54 28.84 29.13 29.43 29.72 30.01 30.30 30.59 Fee Arnt Iran Arnt 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 250.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 115.00 Current Balance 4,975.83 5,076.71 5,177.31 5,277 .63 5,377 .68 5,477.45 5,576.94 5,676.16 5,775.10 5,873.77 5,972 .16 6,070.28 6,168.13 6,265.71 6,363.02 6,460.06 6,556.83 6,653.33 6,749.56 6,845.52 6,942.59 7,036.62 7,131.79 7,226.69 7,321. 33 7,415.71 7,507.23 7,257.23 7,347.01 7,436.48 7,525.65 7,614.51 7,703.07 7,791.32 7,879.27 7,966.92 8,054.27 8,141.32 8,228.07 8,314.53 8,400.69 8,486.56 8,572.13 8,657.41 8,742.40 8,827.10 SUSQUEHANNA VALLEY F. C. U. 05/03{2004 09:48 telsrc svcu Account History Print Page: 3 ID: histprt.1 ================================================================================================================================ Member#: Account: 10378 Dale S. Morrill 2 Fully Title Secured From: 08/16/2000 Thru: 05/03/2004 ------------------------------------------------------------------------------------------------------------------------------------ Tran User Tran Tran Draft Principal Int Fee Tran Current Code Description ID Date Time Number Amt Amt Amt Amt Balance ------------------------------ -------- ---------- -------- --------- --------- --------- ------------ ------------- aclp ACH Loan pa)"ITlent batch 02/07/2001 08:18 84.12 30.88 115.00 8,911.51 aclp ACH Loan Payment batch 01/24/2001 08:18 83.83 31.17 115.00 8,995.63 aclp ACH Loan Payment batch 01/10/2001 08:26 83.54 31.46 115.00 9,079.46 aclp ACH Loan Payment batch 12/27/2000 08:12 83.26 31. 74 115.00 9,163.00 aclp ACH Loan Payment batch 12/13/2000 08:15 82.97 32.03 115.00 9,246.26 aclp ACH Loan Payment batch 11/29/2000 08:28 82.69 32.31 115.00 9,329.23 aclp ACH Loan Payment batch 11/15/2000 08:49 82.41 32.59 115.00 9,411.92 aclp ACH Loan Payment batch 11/01/2000 08:23 82.13 32.87 115.00 9,494.33 aclp ACH Loan Payment batch 10/18/2000 08:22 81.84 33.16 115.00 9,576.46 aclp ACH Loan Payment batch 10/04/2000 08:21 81.56 33.44 115.00 9,658.30 aclp ACH Loan Payment batch 09/20/2000 08:14 81.29 33.71 115.00 9,739.86 aclp ACH Loan Payment batch 09/06/2000 08: 16 81.01 33.99 115.00 9,821.15 aclp ACH Loan Payment batch 08/23/2000 08: 13 97.84 17.16 115.00 9,902.16 NL New Loan Inssjb 08/16/2000 10:58 10,000.00 10,000.00 10,000.00 ---------------------------------------------------------------------------------------------------------------------------------- Database ID: svcu Start Date: 05/03/2004 End Date: 05/03/2004 Syslog Filename: 05030409300395.e Start Time: 9:48:12 am End Time: 9:48:12 am Elapsed Time: 00:00:00 End of Report 'I '\ , I I. r M<I'lX3 'M'J"d%Ol S3/H3S ??oo6 ~0310AO~1 ~:I, r ~i SUSQUEHANNA VALLEY 05/12/2004 08: 50 F. C. U. telsrc =:==~::;;====================E=__::=;=;=========.:===~=========_==_z:=====:==============.z================:============::====:: ? Member#: 10378 From Date: specific Date Thru Date: CUrrent Business Day svcu l.lnsec.ured Deb-t w;t.h Sl.tS 'lue ha...nl"\& V~1,e'f Account History Print Type: : 01/23/2003 Cert/LN#: 5 Date Order?: yes F ,C;......' Page: 1 ID: histprt.l ---------------------------------------------------------------------------------------------------------------------------------- Tran User Tran Code Description ID Date Tran Draft principal Int Time Number Amt Amt Arnt aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment acIp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment ip Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment Ip Loan Payment Ip Loan Payment lp Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment It Transfer Loan Payment lp Loan Payment aclp ACH Loan Payment acIp ACH Loan Payment aclp ACH Loan Payment acIp ACH Loan Payment acIp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment aclp ACH Loan Payment NL New Loan batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch batch teljl batch batch batch batch teljls teljls teljls batch batch batch batch batch teljal teljal batch batch batch batch batch batch batch batch lnsecm 05/12/2004 08:24 04/28/2004 08:20 04/14/2004 08:43 03/31/2004 08:29 03/17/2004 08:29 03/03/2004 08:28 02/18/2004 08:24 02/04/2004 08:25 01/21/2004 08: 19 01/07/2004 08:24 12/24/2003 08:35 12/10/2003 08:20 11/26/2003 08:27 11/12/2003 08:39 10/29/2003 08:27 10/15/2003 08:23 10/01/2003 08:41 09/18/2003 09:41 09/17/2003 08:24 09/03/2003 08:21 08/20/2003 08:15 08/06/2003 08:23 07/24/2003 12:01 07/24/2003 11:56 07/24/2003 11:55 07/23/2003 08:31 07/09/2003 08:25 06/25/2003 08:22 06/11/2003 08:25 OS/28/2003 08:34 05/15/2003 08:47 05/15/2003 08:42 05/14/2003 08:27 04/30/2003 08:07 04/16/2003 09:14 04/02/2003 08:30 03/19/2003 08:32 03/05/2003 08:22 02/18/2003 12:32 02/05/2003 08:27 01/23/2003 14: 10 37.64 37.49 37.34 37.19 37.04 36.89 36.74 36.60 36.45 36.30 36.16 36.01 35.87 35.72 35.58 35.44 35.50 35.15 35.01 34.87 35.46 .74 4.54 2.52 34.56 34.42 34.28 34.15 34.79 .7' 1.23 33.86 33.72 33.59 33.45 33.32 32.35 33.91 33.78 3,000.00 Fee Tran CUrrent Amt Balance 7.36 7.51 7.66 7.81 7.96 8.11 8.26 8.40 8.55 8.70 8.84 8.99 9.13 9.28 9.42 9.56 9.50 .20 9.85 9.99 10.13 9.54 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 .20 45.00 45.00 45.00 45.00 .74 10.44 10.58 10.72 10.85 10.21 4.54 3.26 45.00 45.00 45.00 45.00 45.00 .7' 2.02 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 3,000.00 .7' 11.14 11.28 11.41 11.55 11.68 12.65 11. 09 11.22 .74 1,789.55 1,827.19 1,864.68 1,902.02 1,939.21 1,976.25 2,013.14 2,049.88 2,086.48 2,122.93 2,159.23 2,195.39 2,231.40 2,267.27 2,302.99 2,338.57 2,374.01 2,409.51 2,409.51 2,444.66 2,479.67 2,514.54 2,550.00 2,550.74 2,555.28 2,557.80 2,592.36 2,626.78 2,661.06 2,695.21 2,730.00 2,730.79 2,73:2 .02 2,765.88 2,799.60 2,833.19 2,866.64 2,899.96 2,932.31 2,966.22 3,000.00 CJ c' r-..) C'_:) C~C"l c,r1 7"" (,.~ .-1 .-c '-':~ ini:-:;;: " '..J ) 'J -.-., ,-j -no <..? <....1-: k C' SHELBY MORRILL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-1225 CIVIL, DALE S, MORRILL, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER SHELBY MORRILL, (X) Plaintiff ( ) Defendant moves the court to appoint a Master with respect to the following claims: (x ) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Li te (x ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of tile motion states: 1. Discovery (x ) is ( ) is not complete as to the claims(s) for which the appointment of Master is requested. 2. The non-moving party ( ) has ( ) has not appeared in the action ( ) personally (x) by hislher attorney Linda A. Clotfelter, Esquire. 3. The statutory ground(s) for divorce is/are 3301(c). 4. Check the applicable paragraph(s) by check mark: ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: N/A (x) The action is contested with respect to the following claims: Divorce and Equitable Distribution 5. The action ( ) involves (x ) does not involve complex issues of law or fact. 6. The bearing is expected to take (hours) Y, (clays) 7. Additional information, ifany, relevant to the motion: Dated: ~ /.;) 1/ 0 ., I 1 \ L.~\) D i r ( x ' ) Plaintiff ( ) Defendant 1"-.,) ~~5 () <.:,.,n ~n ~ (.,) 0"1 - ORDER APPOINTING MASTER ,2006:, f:. RtlLu:t~ ' Esquire, is respect to the following claims: a.lt ~~'1i . pJ, MOVING PARTY NON-MOVn,G PARTY Name: Shelby Morrill Attorney's Name: JLori K. Serratelli, Esq, Name: Dale S. Morrill ~orney's Name: ~inda A, Clotfelter, Esq. Attorney's Address: 2080 Linglestown Road, Suite 201 Attorney's Address 5021 East Trindle Road, Suite 100 Attorney's Telephone # (717) 540-9170 Attorney's Telephone # (717) 796-1930 Attorney's E-Mail: Iserra telli({i]ss be-I a w. co m Attorney's E-Mail Unknown Party's Address and Telephone # if not represented by counsel: Party's Address and Telephone # if not represented by counsel: ',J SO:2 llel "_ I:'YI cn-'l c... ...;.; ~ .,).... ij jJ:i\i.L:,-::i\~.)i1 ,:Jd 3H1 :.:8:,-{:V~}'{E31!.::! '" :''0 CERTIFICATE OF SERVICE I, Lori K. SelTatelli, Esquire, do hereby certify that on fJtJJ ;;y; served a copy of the foregoing upon the Defendant by depositing it in the United States , 2005, I mail, postage prepaid, addressed as follows: Linda A. Clotfelter 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 ~ KL~~41N on K. SelTatelh, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C" 2080 Linglestown Road, Suite 201 Harrisburg, P A 17110 (717) 540-9170 Attorney for Plaintiff MATRIMONIAL SETTLEMENT AGREEMENT ";3 .,ci- THIS AGREEMENT, made this ~ day of - ,200~, ~}"r between SHELBY RAE MORRILL, hereinafter ca]]ed "Wife" and DALE SCOTT MORRILL, hereinafter ca]]ed "Husband", WITNESSETH: The paJiies hereto, being Husband aJ1d Wife were lawfully married on September 14,1996 in Cumberland County, Pennsylvania; There was one child bom of the parties; naJnely: Zachary Robe11 Morrill, bom July 12, 1997 ; Diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND aJ1d WIFE to live separate and apart for the rest of their natural lives, and the pa11ies hereto are desirous of settling fully and finally their respective finaJ1cial and property rights and obligations as between each other including, without limitation by specification: the settling of aJlmatters between them relating to the ownership and equitable distribution of real aJ1d personal prope11y; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good aJ1d valuable consideration, receipt 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 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as iffully set forth in the body of the Agreement. 2. AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to SllCh defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof, The parties aclmowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the tenns of Section 3301(c) of the Divorce Code in Cumberland County divorce action docketed to number 04-1225. Simultaneously with the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce, 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, 2 4, AGREEMENT TO BE INCORPORATED INTO DNORCE DECREE The parties agree that the ten11S of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER It is the pmiies' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as comi ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute, Those remedies shall include, but not be limited to, dmnages, resulting from breach ofthis Agreement, specific enforcement of this Agreement and remedies peliaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted, 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7, DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein, 3 8, FINANCIAL DISCLOSURE The parties confilID that each has relied on the substantial accuracy ofthe financial disclosure ofthe other, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apali from each other and to reside from time to time at such place or places as they shall respectively deem fit, fi'ee from any control, restraint, or interferences whatsoever by the other. Neither pmiy shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provision shall not be taken to be 3.11 admission on the pmi of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart, Neither party shall do or say anything to the children of the parties which might in any way influence the child adversely toward the other paliy, it being the intention of both parties to minimize the effect of any such separation upon the child, 10, PERSONAL PROPERTY The parties hereto mutually agree that they have divided all fumiture, household fumishings, applim1ces and other household personal property between them, and they mutually agree that each party shall from and after the date thereof be the sold and sepm'ate owner of all tangible personal property present in his or her possession; except 4 that Husband shall be entitled to his clothes located in the bathroom and his personal property located in the garage at Wife's residence, 11. REAL PROPERTY The parties acknowledge that Wife is tbe sole owner of property located at 58 Sinclair Road, Mechanicsburg, Pennsylvania. Husband waives any and all interest he may bave ill the property pursuant to a Mid-Nuptial Agreement executed by the parties on June 25, 1997. Husband also agrees tbat he shall vacate the premises by Friday, August 26, 2005, 12. LUMP SUM SETTLEMENT Wife agrees to pay to Husband the sum of Three Thousand ($3,000) Dollar in full satisfaction of all outstanding equitable distribution claims upon the execution oftbis Agreement. 13. DEBTS The parties acknowledge tbat they have no joint debts, A liability not disclosed in tbis Agreement will be the sole responsibility ofthe party who has incuned or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold tbe otber party and bis or her property barmless for any and all sucb debts, obligations and liabilities. 5 14, EMPLOYEE BENEFIT PLANS Except as may othelwise be provided herein, each ofthe parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, including but not limited to Wife's Susquehanna Valley Federal Union 40 I (k) Account, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax DefelTed Savings Plan and/or any employee benefit plan shall become the sole and separate propeliy in whose name or through whose employment said plan is carried, 15, DIVISION OF BANK ACCOUNTS The parties acknowledge that they have no joint bank accounts. 16. WAIVER OF SPOUSAL SUPPORT. ALIMONY PENDENTE LITE & ALIMONY In consideration for the equitable distribution provided in Paragraph 12, Husband hereby waives any and all claims to spousal support, alimony pendente lite and alimony, 17, CUSTODY The parties agree that they shall have shared legal and physical custody oftheir child with the parties mutually agreeing upon the exact schedule, The pmiies both recognize that each of them needs to be fully involved in all aspects of the child's welfare and happiness and in that regard will attempt by all possible means to foster the child's relationship with the other parent and shall in no way say or 6 do anything in front of the child which may affect that relationship. The parties agree that they shall not abuse drugs or alcohol in front of the child. Both parents shall fully share infolmation including oral and/or written reports, regarding the child conceming all aspects of the child's live including, but not limited to information concerning schooling and education, activities, health, religion and friends, Both parents agree to cooperate to the fullest extent possible to make their relationship regarding the child as hannonious as possible. 18. DEPENDENCY EXEMPTIONS The parties agree to alternate claiming the dependency exemption for the child for federal tax purposes with Wife claiming the dependency exemption for tax year 2005 and altemating between Husband and Wife thereafter. The parties shall execute the necessary IRS f0I111S to effectuate the ten11S of this paragraph, 19, LEGAL FEES Both paliies shall be responsible for the payment of the fees owed to their own attomey. Husband and Wife do hereby waive, release and give up any rights which they may respectively have against the other for payment of counsel fees, 20. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to calTY out the intent of this Agreement. 7 21. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party had the right to have all such propeliy valued by means of appraisals or otherwise, Both parties understand that they have the right to have a cOlui hold hearings and malce decisions on the matters covered by this Agreement. Both parties understand that a cOUli decision conceming the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either paIiy upon the other or by aI1Y other person or persons upon either paliy, Both paliies hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital propeziy as defined by the PelIDsylvania Divorce Code; b, The right to obtain all income aIld expense statement of the other party as provided by the PelIDsylvania Divorce Code; c. The right to have propeliy identified and appraised, d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; e. The right to have the court detemline which property is marital aIld which is non-mm'ital, and equitably distribute between the paliies that property which 8 the court detennines to be marital, and to set aside to a paliy that propeliy which the court detem1ines to be that paliies' non-marital property; f, The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out ofthe malital relationship, including, but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendent elite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 22, FURTHER DEBT Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save hannless Husband from any and all claims or demands made against Husband by reason of debts or obligations incun'ed by Wife. 23, FURTHER DEBT Husband shall not contract or incur any debt or liability for which Wife or her propeliy or estate might be responsible and shall indemnify and save ham1less Wife from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 9 24, MUTUAL RELEASE Except as otherwise provide herein and so long as this Agreement is not modified or cancelled by subsequent agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future specifically from the following: spousal support from the other, alimony, alimony pendent elite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator in the other's estate, rights as devisee or legatee in the Last Will and Testanlent ofthe other, any claim or right as beneficiary in any life insurance policy ofthe other, any claim or right in the distributive share or intestate share of the other parties' estate. 25, INCOME TAX PRIOR RETURNS The parties have heretofore filed joint federal and state income tax retUI11S from the date of marriage through tax year 2002. Both paliies agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either ofthem, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally detemlined to be the cause ofthe misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint retums. 10 26. FINAL EOUIT ABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all propeliy set fOlih in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the tenus set forth herein, It is fmiher the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained, 28. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns, 29. FULL DISCLOSURE Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable II by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each paliy for entering into this Agreement. 30. COSTS TO ENFORCE In the event that either party defaults in the perfornlance of any duties or obligations required by the terms ofthis Agreement and both extra-judicial and judicial proceedings are cOlllillenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings, 31. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: (I) Is fully and completely infornled as to the facts relating to the subject matter and their Agreement as to the rights and liabilities of both pal"ties; (2) Enters into this Agreement voluntarily after receiving the advice of independent counsel; except that Husband has chosen to be unrepresented in this matter. Fllliher, Husband has been advised by Wife's attorney that he has the right to independent counsel alld has vO]lllltarily chosen not to be represented and has acknowledged that he fully understallds that Wife's 12 attorney represents only Wife's interests and not his own and he has nonetheless chosen to be unrepresented, (3) Has given careful and mature thought to the making of this Agreement; (4) Has carefully read each provision of this Agreement; (5) Fully and completely understands each provision of this Agreement, both as to the subject matter 8l1d legal affect. 32. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instmment signed by both parties. 33. SEVERABILITY If any ten11, condition, clause or provision of this Agreement shall be deternlined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be sl1icken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, Like, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties, 34. LAW APPLICABLE This Agreement shall be govemed, constmed and enforced under the statute and case law of the Commonwealth of Pennsylvania, 13 35, HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, constmction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: I tZ L>/ ~ aA1'~ iu-t<-- I fu~~~~40 DALE SCOT MO L iliA) <)~CJ MtA,' 14 SHELBY MORRILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 04 - 1225 CIVIL DALE S. MORRILL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this t() -ftt day of ,dr/l!~, 2005, the economic claims raised in the proceedings having been resolved in accordance with a matrimonial settlement agreement dated August 23, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~ori K. Serratelli Attorney for Plaintiff vCinda A. Clotfelter Attorney for Defendant --l N c,;:,""':. , ~ Lt_ C) U:., c:.:;, (..:-;::, C'4 SHELBY MORRILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 04-1225 CIVIL DALE S, MORRILL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on March 28, 2004. (2 ) The marriage of Plaintiff and Defendant broken and ninety (90) days have elapsed filing and service of the Complaint, is irretrievably from the date of (3) I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted, (5) 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 correct. I understand that false subject to the penalties of 18 Pa, unsworn falsification to authorities, this affidavit are true and statements herein are made C,S, See, 4904 relating to 9-/1.-0:J' L2<uJ /n.o~_~k'J? Shelby Morrill DATED (') :.-::J r.,1 en SHELBY MORRILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 04-1225 CIVIL DALE S, MORRILL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 28, 2004, (2) The marriage of Plaintiff and Defendant broken and ninety (90) days have elapsed filing and service of the Complaint, is irretrievably from the date of (3) I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree, (4) I understand that I may lose rights conCernlng alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted, (5) 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, See, 4904 relating to unsworn falsification to authorities, DATED CiJ -II-O) lJ>>, " \ ~ r., It ~~ y9'v~j Dale S, Morril r-",l C7:' -;~~:) ~;.; I C) " ..t7" c.r. -1 SHELBY MORRILL, Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v, : No. 04-1225 CIVIL DALE S, MORRILL, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT TO THE PROTHONOTARY: Transmit the record, together with the following information, to the COUli for entry of a Divorce Decree: I. Ground for divorce: 3301(c) of the Divorce Code. 2, Date and manner of service of the complaint: Certified Mail. Return Receipt Requested signed bv Defendant on March 27, 2004 and filed with the Court on April 6, 2004. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent and waiver of notice of intention to request divorce decree required by Section 3301(C) of the Divorce Code: by plaintiff: 9-12-05: by defendant: 9- ] 2-05 (b )(1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of Plaintiffs Affidavit upon the Defendant: N/ A. 4. Notice of Intention to Request Entry of Divorce Decree with attached form Counteraffidavit Waived bv Defendant and Plaintiff(see 3,(a) above) 5, Related claims pending: No Claims Remain Dated: q - \ ~-os- ~ ...'" L 'K. erratelli, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Rd., Suite 201 Harrisburg, PA I71 10 (717) 540-9170 Attorney for Plaintiff (j -",I n_.1 "' :;: -r" j,l- c..n -I .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +;';:of.:+:+:of.;+: :+ .. . . . " .. :+ :+:+:+:+:+:+ :+ :+:+:+ :+:+ :of. " :+:+:+:+:+:+:+:+:+:+:++.:+:+:+:+:+:+:++.:+:+:+:++:+:+:+:++~ . . . . . . . IN THE COURT OF COMMON PLEAS SHELBY MORRILL, OFCUMBERLANDCOUNTY STATE OF Plaintiff No, VERSUS DALE S. MORRILL, ARE DIVORCED FROM THE BONDS OF MATRIMONY. Further, the Agreement executed by the parties on August 23, 2005 is incorporated herein and the parties are Ordered to comply with the terms therein. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE Defendant AND NOW, DECREED THAT AND DECREE IN DIVORCE S(~~ ""UJ SHELBY MORRILL DALE S. MORRILL PEN NA, . . . . . . " . . . . . . . . . . . . . . . . . . . " . . . " . . . . . . " . . . . 04-1225 CIVIL -- '~,'TIS ORDERED AND , PLAI NTI FF, . . . . . . . " . . " . " " . , DEFENDANT, YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . NO CLAIMS REMAIN. ~ ". '~ .' ..:. , .;. , , .'.- , , , , ~ "- , ". - ~ ".." ..r- !:............---:;; " -'_< F ~ ..... -......... . .. B :+;+::++ + Cf'F.;+:Oj; :f.:+: :f. +'+'+'1' :+:+:+:+ -'---., ) . . . " . . . . . . " . " . . . . . . . . . . . . . . . . . " . . . . :+++:+:+:+++;+;:+:+:+:+. / ./ / B,{~E cou'Y;;fJ J. THONOTARY . B +:+:+'f''+''f.:+ _~~ ~~.d, 5o~ j .~ ~~ ~~;;/'9 5r/,ozo-iJ .. ." ! ,-n . .; ~