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HomeMy WebLinkAbout08-6748 F:\User FolderTirm Docs\Clients Files\4326-1 Kerry Bailey\divorce.complaintmpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA KERRY A. BAILEY, Plaintiff CIVIL ACTION - LAWnn V. NO. 2008- (.74195 t'icA'-7 7kPw7 ROBERT D. BAILEY, Defendant 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 190 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. is IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY A. BAILEY, Plaintiff CIVIL ACTION - LAW V. NO. 2008- G74 P ROBERT D. BAILEY, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this day of November, 2008 comes Plaintiff, Kerry A. Bailey, by and through her attorneys, Knight & Associates, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Kerry A. Bailey, who resides at 1166 Redwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Robert D. Bailey, who resides at 1166 Redwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania and has so been for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on October 5,1991, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, KNIQUT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowinely false averments, I may be subject to criminal penalties. ' b = i w 1- 1t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY A. BAILEY, Plaintiff : CIVIL ACTION - LAW V. NO. 2008- 6748 ROBERT D. BAILEY, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 14- day of December, 2008, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint was mailed on November 17, 2008, but actual service took place on November 18, 2008, by Defendant signing for a copy which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Robert D. Bailey 1166 Redwood Drive Carlisle, Pennsylvania 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, KNIGHT & ASSOCIATE Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 FAUserFolder\FirmDocsThemsResA326-I Kerry Bailey\cert.service.wpd Attorneys for Plaintiff . 4L ? a m r? O E O ¢ Imo- U N Ln d E O 0 O O o N m m o ? LL N T T loo E L0 ° a C7 t i w n < t. t CC) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY A. BAILEY, Plaintiff CIVIL ACTION - LAW V. NO. 2008-6748 ROBERT D. BAILEY, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Kerry A. Bailey, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses 1. No discovery has been requested by Plaintiff or Defendant in this matter. 2. Defendant is represented by Michael A. Scherer, Esquire, in this matter. 3. The parties separated in November of 2008, and Plaintiff filed a Complaint in Divorce on November 13, 2008, and an Amended Complaint in Divorce on September 4, 2009. 4. The statutory ground for divorce is irretrievable breakdown. 5. Plaintiff's counsel has been corresponding with Defendant's counsel in an attempt to settle the matter. To date the parties have not reached an agreement. 6. The action does not involve complex issues of law or fact. 1 t 7. The hearing is expected to take no more than one day. 8. Additional information, if any, relevant to the motion: None. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff ? e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY A. BAILEY, Plaintiff CIVIL ACTION - LAW V. NO. 2008-6748 ROBERT D. BAILEY, . Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ? y - r day of September, 2009, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Motion for Appointment of Master by first class, United States Mail, postage pre-paid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Attorney for Defendant Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. ___ 5." !9 Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff RED-40,=r(CE OF THE PROTHCHOTARY 2009 SEA' 10 PM 4* 13 CUm8 : aye z U UJUNTY PD4NSYLVANA ? w FAUser FolderTirm Docs\Clients Files\4326-1 Kerry Bailey\divorce.complaint.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY A. BAILEY, Plaintiff V. CIVIL ACTION - LAW NO. 2008-6748 ROBERT D. BAILEY, Defendant 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY A. BAILEY, Plaintiff CIVIL ACTION - LAW V. NO. 2008-6748 ROBERT D. BAILEY, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW, this `D4,4 day of September, 2009, comes Plaintiff, Kerry A. Bailey, by and through her attorney, Sean M. Shultz, Esquire, and files the following Amended Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Kerry A. Bailey, who resides at 1166 Redwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Robert D. Bailey, who resides at 1166 Redwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania and has so been for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on October 5, 1991, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. There have been no prior actions of divorce or annulment between the parties. 7. The Plaintiff has been advised,of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. COUNT II EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3104 AND 3105(x) OF THE DIVORCE CODE 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 10. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. 11. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties and equitably apportion their debts pursuant to the Divorce Code of 1980, as amended. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. can M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff .• , - VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. OF THE MOT, "' ??TRRY 2409 SEP 10 Phi 4* ' 2 PE, NSYLVAN A. 4,16-oo Pb ATrY CASH P-1 4 a.3o43$ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY A. BAILEY, Plaintiff V. ROBERT D. BAILEY, Defendant CIVIL ACTION - LAW NO. 2008-6748 IN DIVORCE ORDER APPOINTING MASTER SEP 1 12009 ck AND NOW, this l day of 2009, E. Robert Elicker, II, Esquire is appointed master with respect to the following claims: Divorce and Distribution of Property. By Court: " wxoo 112? , J. F:\User Folder\Firm Uocs\Gendocs2007\4033-Imotion.mas:er.hanklin.wpd of lt c 1 -' 151 KERRY A. BAILEY, Plaintiff V. ROBERT D. BAILEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-6748 CIVIL CIVIL ACTION-LAW IN DIVORCE HUSBAND'S PRE-TRIAL STATEMENT PURSUANT TO PA.R.C.P. 1920.33(b) AND NOW, comes Robert D. Bailey, by and through his attorney, Michael A. Scherer, Esquire, and respectfully submits the following pre-trial statement in accordance with Pa.R.C.P. 1920.33(b). A. PARTIES Husband: Robert D. Bailey Address: 1166 Redwood Drive, Carlisle, Pennsylvania Date of Birth: 1-27-1950 Age: 59 Health: Husband suffers from severe depression. He takes Zanax and Luvox for his condition. He is treated by Christopher Royer, M.D., a psychiatrist, at 3314 Market Street, Camp Hill, PA. Occupation: Husband is a retired state employee. He receives a monthly pension benefit. After retirement, Husband worked as a custodian at Boiling Springs High School, then at Carlisle High School, then Dickinson College. He had to resign at the college because of the pressure. He was later employed at Borders but was layed off and collected unemployment compensation for a period of time. His retirement income is his only income now. Employer: N/A 1 I ' Education: High School Diploma, 2 years of college Wife: Kerry A. Bailey Address: 1166 Redwood Drive, Carlisle, Pennsylvania Date of Birth: 3-15-1972 Age: 37 Health: good Occupation: Wife chooses to work part time as a self-employed home cleaner. She previously worked full-time at the Cumberland County Nursing Home for about ten years but decided she would rather work part-time and be self-employed. B. CHILDREN The parties are the parents of one minor child, Ashley E. Bailey, born October 1, 1992. C. MARRIAGE INFORMATION Date of marriage: October 5, 1991 Place of marriage: Carlisle, Pennsylvania Date of separation: The parties still reside in the marital residence together. The parties have grown apart over time and the date of separation would probably be the date of the filing of the divorce complaint- November 13, 2008. Husband will consent to a divorce. D. NARRATIVE BACKGROUND: Husband is twenty years older than Wife. Husband worked for the state during the marriage and obtained a retirement. Husband is now in a position both in terms of age and health that his earning capacity is very modest. 2 Also, during the marriage, the parties received substantial funds from Husband's father and/or his estate. Husband's father gave the parties $60,000.00 towards the purchase of their first house. This equity was transferred to their new house when they sold their first house. Husband's father's estate resulted in distributions to Husband of an additional $100,000.00 or so, some of which the parties used towards expenses, some was used to purchase Wife's automobile, and some was used by Husband to buy personal property, such as cameras, guitars and golf clubs. 1. LIST OF ASSETS A. Marital Property: i. 1166 Redwood Drive, Carlisle PA Husband believes it is worth $140,000.00. There is a lien from Orrstown Bank totaling about $40,000.00. ii. 1997 Suzuki Sidekick Husband's father bought this vehicle before his death. The vehicle may be worth $1,000.00. iii. 1999 Toyota Tacoma pickup Husband believes this is worth $5,280.00. There is no lien. iv. 2003 Honda CRV Husband bought this vehicle for wife with monies from husband's father. Husband believes it is worth $10,400.00. v. Suzuki Motorcycle. Husband believes there is no value as it is not street-legal. vi. CB&T IRA: $5,800.00 This IRA is in Wife's name. 3 vii. CB&T IRA: $23,650.00 This IRA is in Husband's name. B. Non-marital Propert y: i. Personal property: Husband used funds from his father's estate to purchase a number of items of personal property which are thus not marital. Those items include cameras and photography equipment, golf clubs and guitars. ii. Wife's inheritance from her father: Wife's father died in September, 2007. His estate was worth roughly $545,000.00 after the payment of PA Inheritance Tax and the estate was divided equally between Wife and Wife's brother, David E. Fleagle, according to the Pennsylvania Inheritance Tax return. 2. EXPERT WITNESSES The parties agree on the value of the house. Undersigned counsel would like to have Husband's defined benefit retirement evaluated, although Husband has not authorized this to date. An expert may be needed for this testimony. It is anticipated that Wife will call an expert to testify on the value of the personal property, although Husband maintains that it is not marital. 3. WITNESSES a. Husband: He will testify regarding the factors relating to the equitable division of the parties marital property. b. Wife: She may be called on cross examination relative to the factors involving equitable distribution of the marital property. 4 4. LIST OF EXHIBITS A. SERS Retirement statement B. IRA statements C. Wife's Father's PA Inheritance Tax Return 5. HUSBAND'S INCOME Husband's only income is his retirement income of $1,144.66.00, which is net of insurance but is a gross figure for tax purposes. 6. EXPENSES Husband is not claiming any unusual expenses. He does have medical expenses in the nature of co-pays and prescriptions. He will have an income and expense statement completed at the time of the hearing. 7. RETIREMENT Husband has a retirement from SERS- State Employees Retirement Service, which pays him $1,144.66 as mentioned above. The present value as reported by the Commonwealth of Pennsylvania is $199,076.00. 8. COUNSEL FEES No claim has been made for them by either party. 9. TANGIBLE PERSONAL PROPERTY Wife will keep the tangible personal property in the nature of furniture, and Husband accepts the value Wife placed on those items. Husband will keep his collectibles which he maintains are non-marital. 10. DEBTS Husband has no debt aside from the mortgage. Wife may or may not have unsecured credit card debt. 5 11. PROPOSED RESOLUTION Husband wants to keep his retirement and split the value of the other assets equally. Respectfully submitted, O'BRIEN, BARIC & SCHERER 7 A A? bi In- M h el . Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.d it/domestic/ba i ley/pretria l.stmt 6 CERTIFICATE OF SERVICE I hereby certify that on the day of 1 0-kik., _, 2009, I, Andrea M. Ramos, secretary to Michael A. Scherer, Esquire, did serve a copy of Husbands Pre-Trial Statement Pursuant To Pa.R.C.P. 1920.33 (b), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Sean M. Shultz, Esquire Knight & Associates, P.C. 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 Andrea M. Ram ,1. Commonwealth of Pennsylvania State Employees' Retirement System 30 North Third Street, Suite 150 Harrisburg, Pennsylvania 17101-1716 www.sers.state.pa.us Telephone: 1-800-633-5461 FAX: 717-787-5866 April 20, 2009 I+++III+++III++++++II++II++++II++II+I+++II++I++I{+++II++I+++II ROBERT D BAILEY 1166 REDWOOD DR CARLISLE PA 17013-1378 Dear Annuitant: 011396 E R SSN: XXX-XX-7605 The Internal Revenue Service recently issued new Federal Income Tax withholding tables. The new tables require SERS to change the amount of money withheld from your monthly Annuity payments for Federal Income Tax, in many cases reducing the amount withheld. The application of the new tables, mandated by the IRS, may mean the amount withheld is not enough to cover your tax liability; therefore, you may want to consider modifying the amount of your withholding. Please contact a tax professional for advice. If you choose to change the amount of money SERS withholds for Federal Income Tax or choose not to have money withheld, submit your instructions on an Annuitant Federal Income Tax Withholding (SERS-W4-P) form. Contact your Regional Retirement Counseling Center at 1-800-633-5461 to request the form or download a copy from the SERS Web site, www. sers. state. Pa. us. Your latest W4-P form on file with SERS lists the following Federal Income Tax withholding instructions: Filing Status Dependents Additional Amt Married 1 $0.00 Using the new tax tables and any additional amount you instructed SERS to withhold, as shown above, the new amount withheld from your monthly Annuity will be $0.00 effective with your April 2009 payment. The effect of this new amount on your monthly Annuity payment is detailed below- OLD Gross Amount of Monthly Annuity Payment: $1,178.42 Less Deductions and Withholdings: Federal Income Tax $20.73 Medical/Hospital Insurance $33.76 Other Authorized Deductions N/A Net Amount of Monthly Annuity Payment $1,123.93 NEW $1,178.42 $0.00 $33.76 N/A $1,144.66 If you have any questions, please contact your Retirement Counselor at 1-800-633-5461. Sincerely, Debra G. Murphy, Dir or Benefit Determination Division Commonwealth of Pennsylvania State Employees' Retirement System 30 North Third Street, Suite 150 Harrisburg, Pennsylvania 17101-1716 www.sers.state.pa.us Telephone: 1-800-633-5461 FAX: 717-787-5866 May 14, 2009 MICHAEL SCHERER, ESQUIRE 19 WEST SOUTH ST CARLISLE PA 17013 s R Re: Robert D. Bailey (Member) SSN XXX-XX-7605 Attorney Scherer: This letter is written in response to your request for information dated May 4, 2009 in regard to the above-named Member's retirement account with the State Employees' Retirement System (SERS). SERS acknowledges the Authorization for Release of Information with the exception of the 401K-type plan called Commonwealth Deferred Compensation, which is administered by a third party administrator instead of SERS. For information about this voluntary plan for commonwealth employees, please contact Anthony Hines at 1-800-633-5461 extension 8316. When he retired on June 16, 2007 he elected Option 1 with a full option 4 withdrawal. This plan provides a smaller monthly annuity for the lifetime of the Member and a value is placed on the retirement called the "Present Value (PV)." All payments made are subtracted from the PV and any balance remaining at the Member's death will be paid as a death benefit. The PV at the time of retirement was $264,193.08. His PV as of May 30, 2009 is $199,076.75. The Member is currently receiving a monthly annuity in the gross amount of $1,178.42. A Member's election of Option 1 is final and binding. This option may not be changed for any reason. Attachment of SERS retirement benefits for purposes of equitable distribution must be accomplished through the terms of an Approved Domestic Relations Order ("ADRO"). Because of the nature of SERS' plan and its exemption from ERISA, there are several unique prerequisites that must be met before SERS can approve any DRO or amendment to an approved DRO. In no case can the DRO alter SERS' benefit structure. No ADROs are in place for this retirement account. A Approved Domestic Relations Order packet is enclosed for your use and you may also reference the PA code 71 pa. C.S. §§5101-5956. Since you have indicated this information is needed for divorce purposes, the information regarding this retirement account is intended for your use in that proceeding. Please direct questions regarding the division of marital property to the SERS Legal Division at 1-800-633-5461 extension 8247. If you have any other general questions about the Member's account or need clarification of the information provided in this letter, you may contact this office at 1-800-633-5461 extension 8391. Please include Member's Social Security Number with all correspondence. Sincerely, /C&-? Technical Services Section Benefit Determination Division cc: Mr. Bailey enclosure MW FEB-11-2009(WEO) 10:00 ROBERT D BAILEY OP.P,STCtM BANK (FA7t)7172498010 P 0031003 ESTIMATED BENEFITS - STANDARD OPTIONS XXX-XX-7605 MAXIMUM SINGLE LIFE ANNUITY This plan provides e maximum mount each month for life. fore receiving in payments an amount equal to your contributions as they were at the time of retirement, the balance will be paid to your beneficiary(les). When a death benefit remains you may name one or more beneficiaries at any time. OPTION UITY This plan provides redu irement allowance. In additioi ly payments for life, a value is placed on your retirement account called the PRESENT VALUE. All payments to you are subtracted from the Present Value. Any balance remaining at your death will be paid to your beneficiary (ies), You may na more beneficiaries and may cha a beneficiarie 't any time. OPTION 2 ANNUITY This plan provides a reduced retirement allowance for life. The amount of reduction is based on your age and the age and sex of the person named as your Designated Survivor Annuitant. Only one person may be named as your Designated Survivor Annuitant. At your death, that person will continue to receive for life the same monthly amount as was paid to you, in addition to any outstanding amounts payable to you. r 7HDRAW MONTHLY AMOUNT BENEFIT none $1,456.00 $0.00 $1,456.00 (partial) $37 617 18 $1 249 11 , . , . ,WITHDR WAAMONTHLY PRESENT VALUE AI111-0CJk' BENEFIT TERM OF VALUE none $1,376.89 $264,738.91 16.0226 yrs $0.00 $1,376.89 $264,738.91 (partial) 16.0228 yrs $37,617.18 ? $1,191.25 $227,121. ?? {igtal) WITHDRAWAL MONTHLY SURVIVOR AMOUNT BENEFIT BENEFIT none $1,051.99 $1,051.99 $0.00 $1,051.99 $1,051.99 (partial] $37,.18 $902.51 $902.51 to ` - OPTION 3 ANNUITY i This plan provides a reduced retirement allowance for life. The amount of reduction Is based on 1 your age and the age and sex of the person named as our Designated Survivor Annuitant. Onl one !person ay be named as your Designated j -vcr Annuitant. At your death, that person will continue to receive for life one half of the same monthly amount as was paid to you, in addition to any outstanding amount payable to you. WITHDRAWAL MONTHLY SURVIVOR AMOUNT BENEFIT BENEFIT none $1,221.45 $610.73 $0.00 $1,221.45 $610.73 $37,517.18 $1,047.89 $523.85 EST04 1111111111111111111111111111111111111111111111111 Fill 1111111111111! 1111 Holdings by Investor Kerry A Bailey Mr Von R Jaymes Combined Account Portfolio 1166 Redwood Dr Gibb Financial Services Date: 12/18/2008 Carlisle, PA 17013 427 Village Drive Created: 12/19/2008 Carlisle, PA 17015 717-249-3737 Kerry A Bailey Acct Name:CB&T CUST IRA KERRY A BAILEY 1166 REDWOOD DR CARLISLE PA 17013-1378 AcctType :Cb&T IRA Asset lame Ticker Aiik.Type ; Mgt Name. Ouanttty Price{$); $)` Value( AMERICAN FUNDS CAP INC BUILDR CAIBX BLEND AMERICAN 141.91 41.48 5,886.22 A FUNDS Account Total: $5,886.22 Acct Name:IRA FBO KERRY A BAILEY P ERSHING LLC AS CUSTODIAN B/O RICHARD L FLEAGLE DECEASED 1 166 REDWOOD DRIVE CARLISLE PA 17013- 1378 Acct Type: Retirement Account Asset Tre ???? AssetType - Name Q ?' valuet ; . AF AMCAP FD CL F . AMPFX EQUITY AMERICAN 216.84 11.83" 2,565.17. FUNDS AF CAPITAL WORLD BOND FUND WBFFX FIXED INCOME AMERICAN 184.31 19.17 3,533.20 CLASS F FUNDS AF EUROPACIFIC GROWTH FD AEGFX EQUITY AMERICAN 215.10 = 29,79 6,407.77 CLASS 'F FUNDS AMERICAN HIGH-INCOME TRUST-F AHTFX FIXED INCOME AMERICAN 557.90 7.51 4,189.81 BROKERAGE' MONEY MARKET,- DWS CAPITAL GROWTH FUNDS FIDELITY ADV VALUE 1 OPPENHEIMER MAIN ST SMALL CAP A PIMCO TOTAL RETURN FUND'#35 INSTITUTIONAL PIONEER CULLEN VALUE FUND A PIONEER FUND A THE BOND FUND OF AMERICA-F CASH OR EQUIVALENTS SCGSX EQUITY FVIFX. EQUITY OPMSX EQUITY PTTRX FIXED INCOME CVFCX EQUITY PIODX EQUITY, BFAFX FIXED INCOME FUNDS BROKERAGE 3,563.13 ; 1.00 3,56313. MONEY MARKET ; DWS 44.26 37.30 1,650.79 SCUDDER INVESTMENTS FIDELITY 399.81 7.31 2,922.59 FUNDS OPPENHEIMER 258.12 11.62 2,999.31 FUNDS PIMCO FUNDS 2,961.37 10.03 29,702.53 PIONEER 657.66 14.06 9,246.64 FUNDS- DOMESTIC PIONEER' - 298,90 28.70 8,578.43 FUNDS - OOMESTIC AMERICAN 2,277.67 10.75 24,484.95 FUNDS Account Total: $99,844.33 Investor Total: $105,730.55 FF>H-D?-?009 THU 11:36 AM RSTM WiUER ,? ti X I? r ? 413 0 6 4 .r• ?? 01 i'.-:. r '. r. :.':'?•rr. r.. - I. ::.ru. r.4,: v.r '. r. ir.? fir. r. -. .1..'.> 1 ) ... r.A:.? .,:..- lei n ? ... ...? ,. ..? r. 1 ) e r ...... i' is 0 1) D sToAATN.TK A. Tradition of Excellence r 4. 22 South Hanover Street Carlisle, PA 17013 1.??8.ORRSTO1:tiN or 717.241,2010 "`'? Fay 717241-2004' Date: &71, Fax # of Destination: To: Fru'I Subject: 6 J () 17- This tr axasmittal consists of _ pages; include this COVET page. 0 Urgent D Reply ASAP 0 'lease Rcvieva © Nor Your Infor nation Comments ?•r-r l& Please call the number listed above if there is a problem wit -? this t,-ansmission. CMN IDENTI.ALITY NOTICE; This facsimile may contain confidential infom?abon which maybe legally privileged and is intendcd only for'boe use of the individual or addressec(sj n=_med above, if you arc not for intended recipient, yo-a are hexcbynotified that any disclosure, copying, distribution, o* taking of any action in reliance on the contents of this tremsmission is strictly pyobibited. If you have received tlus trans aiakon in error, please notify us iJ=rdiat6v by telephone so that. we can axrazxge for the return of the documents at no cost to you, ThankYou- r n n„ ?? v ?T H U 1 u r ?,111? 1?'1R? IJr?I' !141ii, I'?_??, !!vldings by_lnvestor..__._._.._- _ -----------..-------.._-- Robert D Bailey Mr Von R Jaymes 1106 Redwood Or Gibb Financial Services Carlisle, PA 17013 427 Village Drive Carlisle, PA 17015 71T-249-S737 Combined Account Portfolio Date-, 0210412009 Crated: 02/05/2009 Robert D Bailey Acct Name:CB&T OUST IRA/ROLLOVER ROBERT D BAILEY 1166 REDWOOD DR CARLISLE PA 17013-1378 Acct No:00082738140 AcctType:(CS&T) IRA/Rollover Rep. No:16913 AsseE N?Me `rl6k6 r Assetlype MDt, Noma t uagtlty, Prlce($) V?{ua( ? AMERICAN FUNDS CAP INC BUILDR CAIBX BLEND AMERICAN 605:66 38,05 23,658,72 A FUNDS Account Total: $23,658.72 Investor Total: $23,658.72 Incomplete If presented wlthotit accompanying disclosure page Page 1 of 2 G G - J' J T H ? G A b,? )RF 'T r,G h! J q? J 0 Holdings by Investor - ----- -----N _---_^ Robert D Bailey Mr Von R Jaymes Combined Account Portfollo 1166 Redwood Or Gibb Financial Services Date: 02/04/2009 Carlisle, PA 17013 427 Village Drive Created: 02/05/2009 Carlisle, PA 17015 717-249-3737 Disclosure: Secutitles offered through Financial Network Investment Corporation, member FINRAISIPC. Financial Network Investment Corporation and Gibb Financial Services are affiliated companles, Values areas of 02/04/2009 unless otherwise noted. We believe the sources to be reliable, however, the accuracy and completeness of the information Is not guaranteed, as It Is a compilation of information from various financial sources (mutual funds, direct participation programs, correspondent brokers, etc.). In the event of any discrepancy, the sponsors valuation shall prevall. Performance data quoted represents past performance and does not guarantee future results. The investment return and principal of an investment will fluctuate so that an Investor's shares when redoemed may bo worth more or less than the original cost The values represented in this report may not reflact the true original cost of the client's initial investment. For fee-based accounts only: the figures may or may not reflect the deduction of Investment advisory fees. If the Investment is being managed through a fee-based account or agreement, the returns may he reduced by those applicable advisory fees. Refer to your Advisor's Form ADV, Part II. The information contained In these reports is collected from sources believed to be reliable. However, you should always rely on your statements received directly from product sponsors. If you have any questions regarding your report, please call your representative. Page 2 or 2 .DEC. 1.2008 4:50PM FRANLIN REAL ESTATE N0.442 P.31i11 ,5-7057 ],SASGt1N],Z47 RE - D 500 EX (?S) OFFICIAL UBE ONLY PA Dep0mant of Revenue Bureau BOXof f lndMdual Takes INHERITANCE TAX RETURN 000 Harrisburg. PA PA vNr ?? N a 1712e-0601 RESIDENT DECEDENT 29 07 0467 ENTM DECEDENT INFORIlUTION HELOW Social Security Number Data of Death Date of Birth 205385799 09142007 092SI950 Decadenra Last Name Suffix Decedent's First Nome MI FLZkGLE RICHARD L (If Applicable) Enter Sur *lnp Spouses Informmition Below Spouse's Last Name Suffix Spouse's First blame Ml Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPK A1'E OVALS BELOW ?. Orlglner Rewm ? 2. Supplemental Return ? 3 RarrWinder Return (date of death prior to 12-t3•a2) 13 a. Limited Estate ? An. Fuhn W4WW Coroprar# . (dao a dash i0er 12.72-82 Q S. Federal Petals Tax Return Requirso ? 6- g.ceeminueTasrnu ? 7 oaam. MIM.ined. ?wnp 7nrn S. Total Numbar of Safe Da t (hirai copy OF usly (tn.e1 CoPv or 11 Pos+ ewtea ? 4. UtlpetlOR PrOCNda Rer,,hred 10. 6od,W P 121-241-97 a dll Ifdeal a1 death ? b.nrron ne Y•7•05) in 1i.t=leCtlcrl tD tax undarSac 8113(-8) (AttRch Seh, al gemt*[e PONDIENT- THIS SEC710N MUST BE MIRLETED. ALL RIE PONIMN AND GCMFI0CNYUW T R TION aH o -BE al T DWImE TNeWro Number SNAN X, RRULTZ, EBQUXRE 71,72495373 Firm Nam* (NAppllastfle) KNIGHT A A 8 I3 0 C I A T S S, P. C. REGISTER OF WILLS USE ONLY First line of address 11 ROADWAY DRXVE, SVZTZ B Second tine of rrddren City or postemce CARLISLA 13tato ZIP Code PA 17015 Correspandsnra "SO address: 618 Eric Drive, Shippensburn. PA David E, Soon M. Shuft, Esquire nest of nH knowledpa and ballet, apaier has anY O M Odge_ ?21?5It?? DATE 11 Roadway Drive, 811" B, Glrilsls, PA 17015 Side 1 L. 1505b041147 151356041147 DEC. 1.2008 4:51PM FRANLIN REAL ESTATE 1 15056042144 REV-1500 EX o.adwgw%Pnw FLEAGLE, RICHARD L. WCApRUIJtTION .............................,,.__._..........,_.....,........,, 1. Real Estate (Schedule A).......................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................ z. 3. Closely Meld Corporation, Partnership or Sae-Propfietorshfp (Schedule C)......• .. 3. 4. Mortgages & Notes RecolVable (Schedule D) ................... .................................... 4, 5. Cash, Bank Deposits & Miscellaneous personal Property (Schedule E) ................ 5. 6. Jointly Owned properly (Schedule F) ? Separate Billing Requested............ 0- 7. Intel Woe Transfers & Miscellaneous Non-Probsle Property (Schedule G) 0 Separate Billing Requested ............. 7- 8, Tabu Grants Assets (total Lines 1-73 ....................................................................... S. 9. Funeral Expenses & Administrative Couts (Schedule H)-.... .................................. 9. 10, Debts of Decadent, Mortgage Liabilities. & Liens (50ettule 1)................................ 10, 11. ToW Deductions (total Lines 9 S 10)............ .......................................................... 11, 12. Net Va w of Eaters (Line 8 minus Line 11)......• ...................................................... 12. 13. Charitable and Governmental SequestslSec 9413 Trusts for which an election to tax has not been made (Schedule J) ............... ....... ................. ......... 13. 14, Net Vahm Subject to Tax (Une 12 minus Line 13) ................................................. 14. TAX COMPUTATM * SEE MTRUCTIONS FOR APPLICADLE RATES 15. Amount of Line 14 taxable at tpe 5p041M tax rate, of transfers under Sea 9116 (a)(1.2) X A0 1S. 16. Amount of tine 14 taxable at lineal rate X ,045 569,178.10 1$. 17_ Amount of Una i4 taxable at sibling rate X.12 17, 18. Amount of Una 14 immbia at collateral rate X.15 18, 19. Tax Due ......................................................................... ................................. 18. 20. FILL IN THE OVAL, IF YOU ARE RE tUESTING A REFUND OF AAt OVEOAYMtENT. NO.442 P.4111 Dacedent's SocIal Sectirhy Number 303383799 47,000.00 1,3, 030.30 323,410.97 583,441..17 11,193.63 3,059.44 14,363.07 569,178.10 569,178.10 25,613.01 25,613.01 M Side 2 ?,,,? 1SO56042148 15056042148 -DEC. 1.2008 4:51PM FRANLIN REAL ESTATE REVA 500 EX Page 3 ' Ommdelet's CompMe Address: NO. 442 FRoNumber 26 + 07 • 0487 P.5/11 Fleaple, Richard L. STREET ADDRESS 231+49 Barns Valley Road CITY STATE 21P Doylesbary PA 17219 Tax Psymom and Crsdlb; 1, Tax Due (Pagel Line 19) 2. Credb/Payments A. Spousal Poverty Credit 5. Prior Payments X4,333.00 C. tftcount 1,230,65 Total Credits (A + 8 4 C) 3. InierestlPenalty if applicable E). interest E. Penalty Total InterestiPeneity (D + E) 4. if Line 2 is greater than Line I+ Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to raiquait a refund 6_ if Wne I + Line 3 is greater than Line 7, enter the difference. This Is the TAX 17UE, A. Enter the interest on the tax due. g. Enter the total of Line 5 + 5A. This Is the BALANCE DUE. (1) 25,613,01 t2) 2Sr613.65 (3) 0.00 (4) Y 0.64 (5) ` - (SA) (58) ?. 0.00 Make check Payable to., REGISTER OF WILLS, A;gQ?yEyNT y? ;6', -g' - - ", IFS 1R? PLEAS€ ANSWER THE FOLLOWING QU€"ONS BY PLACING AN °X" IN THE APPROPRIATE BLOCKS 1. did decedent make a transfer and, Yes No a. retain the use or income of the property transferred; ....... ................... _..,. x b, retain the right to designate who shall use the property transferred or its income;..... x c. retain a reversionary Interest, or_ ...................................,.......,,.._................, x d, receive the prornise for I"o6e of either payments, banefrts or caret ............................. x 2_ If death occurred attar December 12, 1992, did decedent transfer prop" within one year of death without Y receiving adequate consideration? 3. Did decedent own an'In trust far' Or payable upon death bank account or security at his or her death?..,.,.,.. © J 4. Did decedent own am Individual Retlrement Account, annuity, or other non-probate property which contains a beneftclary designation?.- .............................................. ..,..... ?y IF THE ANSWER TO ANY OF THE ABOVE QUBSTIM IS YES, YOU MUST COMP1.ETE SCHEDULE 4 AND FILE IT AS PART OF THE RETURN. s?:w'+ y" For dates of death on or after July 1, 1094 aqd baton January 1, 1995, the tax rate Imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. j9116 (a) (1.1) (1)1. For dates of death, an or after January 1, 1HJ5, the tax rate imposed on the net value of lrensfars to or for the use of the surviving spouse Is xdyro (o) pe errt (72 P.S. §s11s (m) (1.1) (I!)]. The statute does not gxemot a tratnafar to a surviving spouse from tax, and the statutory regylrements for disclosure of assets and flung a tax return are still applicable even If the surv(vin9 spouse is the only beneficiary, For dates of death on or after July 1, 2004: The tax rate Irrlposed on the net value of transfers from a deceased child twenty-one years of ape or younger at death to or for the use of a natural parent, an adoptive parent, or a atepparent of the child is zero (0) percent (72 P.S. §9116 (a) (I A]. The tax rate Imposed on the net value of transfers to or for the use of the decadent'e lineal bernefldatriBS Is four and one-half (4.5) percent, except se noted In 72 P4. §9116 1,2) [72 P.S. §9116 (a) (1)]• The tax rate imposed on file not value of transfers to or for the use of the decedent's siblings Is tv+elve (12) percent in P.S. §9116 (a) (1.3)]. A sibling is defined under $#Oon 8102, all art individual who he3 at least one parent in =Mrnon with thtl decedent, whether by blood or adoption. ',?EC. 1.2008 4:51PM FRANLIN REAL ESTATE SCHEDULE A coreNONweur+oF?e+?+sr?vu+u REAL ESTATE INNENTMICE T/X{tENFN MIDE?'fl'DEL` Wr N0.442 P.6%11 ESTATE OF Fleagle, Richard L. FILE NUMBER 26.07 - 0467 All rl awr??d toiNy or #a ¦ i?n?nt in common mu#t 60 st htFF entirir?t valve. F??r arket velus s deffnad es the puce at which p rry would be excirariged betwaeq Q witur+g buyer dnd n wl seller, r?efther being lfpq t0 buy or sell, both having reasonable Igiowfedae of qte relevant facts. Rwl property which la ]olnt ytramd with rlgM of nurvhror*hlp must bA dlsoioa#d en schedulr+ F. ')EC. 1. 2009 4:52PM FRANLIN REAL ESTATE N0.442 P.7/11 SCHEDULE E . CASH, MANIC DEPOSITS, A MISC. '? =X TMOF WMtnVM1, PERSONAL PROPERTY ANiEHRANCETAIfAETUNN p8lUENi?BCEIIEM FiLB LV1lMBER ESTATE OF Fleagle, Richard L. 28.07 - 0487 Include the proceeds of litigatian and the date the proceeds were reCeived by the estatte. All proparty jaintly-ormad with F W d l h the right of survhmmht . u a an ec a p must ho dlacloo ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH _ 1 Orrstown Bank Checking Account #368342 48.009.14 2 American Funds ERA Account #73553211 84,954.23 3 2002 Hudson trailer (sale proceeds) 1,100.00 4 1998 Chevrolet truck (sale proceeds) 4,000,00 5 2004 New Holland Tractor 16,408.00 6 Misceflarfeous Guns (appraisal attached) 3,205,00 7 1996 Chevrolet Truck 3500 Cab-Chassis 3,505.00 8 1999 Toyota Truck Tacoma Xtra Cab 7,250,04 9 1998 Yamaha 4 Wheel ATV 1,255.00 10 State Employees' Retirement System 350,424.84 11 Allstate Insurance - autombife insurance refund 402,40 12 Pension payment 1,870.00 13 Union Fidelity Life Insurance Company - refund 17,35 14 1999 Utility trailer 500.00 15 Refund from Ohio Casualty Group - insurance on dump truck 510,00 -- TOTAL. (Also enter an Una 5. Re aphulidion) 523,410.97 ,DEC. 1.2008 4:52PM FRANLIN REAL ESTATE OQ?1h1?1WE?LTH G??.,?? dMERITANCG YA2 RETURN R28iDtriTnEC&0 ESTATE OF Fleagle, Richard L. SCHMILUM R#&MMRM & AMWVft7W r,MM OF CGCMWnt mast be reported an 8hed41e I. - ITEM NUMBER FUNERAL EXPENSES: DESCRIPTION 1 Thomas L. Geisel Funeral Home 2 6111 O'Donnell - cemetary excavating 3 Pastor Chuck Kish - funeral 4 Piano player for funeral 5 Plasterers Florists - flowers for funeral B. ADMINISTRATIVE COSTS; 1. Personal Representadve's Comrpissions Social Security Number(s) / EIN Number of Famnal Representatlve(a): Street Add7m City State Zip Year(a) Commission paid 2_ Attorney's Fees to Knight & Associates, P.G. 3. Family rzxemptGDn; (if decadent's address Is not the same as claimant's, attach explanation) claimant Street Address City State Zip Relationship of Clalmard to Decedent 4. Probate Fees to Register of Wills 5. Accountants Fees 6. Tax Return Preparers Fees 7. Other Administrative Costs 1 Public Opinion - advertise letters N0.442 P.8!11 FfL E NUMPtR 28-07-0487 I AMOUNT 7,466.00 200.00 100.00 20,00 180-20 850,00 25.00 236.25 TOTAL (Also enter on line 9, Rewpltuj20*n) 11,193.63 N0.442 P.9/11 ESTATE L .L)EC. 1.2008 4:52PM FRANLIN PER 9dw"H COMMONWEALTH OF AENtMLYAKA INNOFTAWS TAX RETUAN PAIlkift I f tt RMDENT M EOENT WATE of Fleagle, Richard L. FILE NUMBED 28 - 07 - 0487 2 Franklin County Legal Journal - advertise letters 70.40 3 Craig A. Kauffman - properly appraisal 275.00 4 Cumberland County Landfill - removal of trash 133.43 5 The Sentinel - ad to sell tractor 25.99 S Dollar General - thank you 0.59 7 Dollar General - cleaning supplies for trailer and memory boards for funeral 10.07 8 Deals - cleaning supplies for trailer 9.54 9 Michaels - supplies for memory boards at funeral 58.74 10 Dollar General - supplies for trailer 22.38 Page 2 of Schedules H °?EC. 1.2008 4 53PM ??TM?iu R??v?uly? AfuoFxCP?Gf1illn' ERANLIN REAL ESTATE SCHEPULEI DEBTS OF DECEDENT, MORTGAGE UABIUIIES, A LIENS ESTATE OF Fleagle, Richard L. tncluft unr*Mbunod modicsl 4xprnsq. N0.442 P.18i11 FILE NUMBER 26-07-0487 DEC. 1.2008 4 53PM FRANLIN PEAL ESTATE N0.442 P.11i11 RbV; ins ©r• p.p0)' SCHEOULEJ COMMONWEALTH OF PENN8nymIA BAN F?CIARI?S INHERITANCE TAX RETURN REBIDENr DECEDENT MATE OF Fl Ri l d L h ? RLE NUMAER c ar eag e, 28 - 07 - 0467 RELATIONSHIP TO NUMEER NAME AND AD014ESS OF PERSON(S) DEC?EpENT SHARE OF ESTATE AMOUNT OF ESTATE (words) (?,) RECEIVING PROhERTY Da Na W Fft*01m L TAXABLE DISTRIBUTIONS 0,n d?bntr aht 1%mssall n rs under See- 9116 (s) (1,2)1 t David E. Fleagle son 606A of estate 618 Eric Drive Shippensburg, PA 17257 2 Kerry A. Bailey daughter 50% of estate 1166 Redwood Drive Carlisle, PA 17013 Enter dollar amounts for distributions shown above on On" 15 through 18, as appropriate, on RAY 1540 cover sheet NON-TAXABLE DISTRIBUTIONS: - A. SPOUSAL DISTRMU71ONS UNDER SECTION 914 FOR WHICH AN ELECTION TO TAX IS 7 NOT BEING MADE CHARITAS1.1 AND GOVERNMENTAL OISTM13LMONS TOTAL OF PART 11- ENTER TOTAL NON-TAXA04L DISTRI$UTIONS ON LINE 13 OF REV-1500 COVER SHEET+ 0.00 FILEU,-?-IrF`r,;E OF THE 2009 OCT 3D F 2: 2 1 RLED- i IMF THE IN THE COURT OF COMMON PLEAS 02D 0 ?U?J -8 Pr i 2: 36 CUMBERLAND COUNTY, PENNSYLVANIA CUB, < y? , 'i?un KERRY A. BAILEY, r? 'J `jocyLVANA Plaintiff V. CIVIL ACTION - LAW NO. 2008-6748 ROBERT D. BAILEY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 13, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to Juthorities. Date: , 2010 - al I T T? E n ; ', fit- TAR Y IN THE COURT OF COMMON PLEMjE; j -8 PH 2: 36 CUMBERLAND COUNTY, PENNSYLVANIA CUE&-":11-!,1-a-.,:-; !-1-)U -Jy KERRY A. BAILEY, PE1N!i J1,S)yLt,/ ,,;!A Plaintiff CIVIL ACTION - LAW V. NO. 2008-6748 ROBERT D. BAILEY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: UAI 7 , 2010 ? -V KERRY A. BAILEY, V. Plaintiff IN THE COURT OF COMMON PLEAS Qy CUMBERLAND COUNTY, PENN*LVANIA K O NO. 2008-6748 CIVIL TERM IN DIVORCE ;- ROBERT D. BAILEY, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on November 13, 2008. 2. Defendant acknowledges receipt and accepted service of the Complaint on November 17, 2008. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4. 1 consent to the entry of a final decree of divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ?O end l ?' ?%`?' Date. / / Robert . Bailey KERRY A. BAILEY, Plaintiff VS. ROBERT D. BAILEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 6748 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2010, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated June 4, 2010, 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: ?Sean M. Shultz Attorney for Plaintiff A Michael A. Scherer Attorney for Defendant _ o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY A. BAILEY, Plaintiff CIVIL ACTION - LAW V. NO. 2008-6748 ROBERT D. BAILEY, Defendant IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this "( day of JP"-4 c. , 2010, by and between ROBERT D. BAILEY, of 1166 Redwood Drive, Carlisle, Pennsylvania, (hereinafter referred to as "Husband") and KERRY A. BAILEY, of 1166 Redwood Drive, Carlisle, Pennsylvania, (hereafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were married on October 5, 1991, in Cumberland County, Pennsylvania; and one child was born of the marriage, Ashley Erin Bailey, born October 1, 1992. WHEREAS, the parties are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and Page 1 of 10 WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel 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 an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. Husband agrees to vacate the marital residence no later than June 6, 2010. In the event that Husband is not able to move from the marital residence by June 6, 2010, he will pay to Wife the dollar sum of Ibis-appraised value for reimbursement of items Husband has or will retain from the Ibis-appraised items referenced in Paragraph 3.2, and must be moved out of the marital residence no later than June 20, 2010. ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event he and she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the Page 2 of 10 parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County at Docket Number 2008-6748. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III: EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. Should it be necessary to transfer possession of any personal property per this order, the parties shall transfer the property within thirty (30) days of the execution of this Agreement. The parties own miscellaneous collectibles which consist of cameras, camera equipment, golf clubs and guitars. According to an appraisal done by Ibis Appraisal Services dated May 28, 2009, the approximate value of those items is Twenty-Four Thousand Nine Hundred Forty-Three Dollars ($24,943.00). The parties agree that Wife shall have authority to sell the items through Page 3 of 10 David Cordier of Cordier Antiques and Auctions ("Cordier' ), or another mutually agreeable auctioneer if Cordier is unavailable. The parties agree to execute any and all documents necessary for said sale. The parties further agree that Wife shall receive the proceeds from the sale of these items, and she shall put that money on the mortgage to Orrstown Bank referenced in paragraph 3.3 herein. Husband may retain items from the appraisal, not to exceed Two Thousand Five Hundred Dollars ($2,500.00). The parties were the owners of a 1999 Toyota Tacoma which Husband sold for Eleven Thousand Five Hundred Dollars ($11,500.00). This money is currently being held in the escrow account of Baric Scherer. The parties agree that the money shall be released to Wife and Wife shall put that money on the mortgage to Orrstown Bank referenced in paragraph 3.3 herein. Husband shall receive the following: a) His pension with the State Employees Retirement System with an approximate value of One Hundred Ninety-Nine Thousand Dollars ($199,000.00); b) His IRA with CB&T with an approximate current value of Eighteen Thousand Dollars ($18,000.00); and c) 1999 Lexus in his name bought with monies from his IRA with CB&T with an approximate value of Ten Thousand Four Hundred Dollars ($10,400.00); Wife shall receive the following: a) Her IRA with CB&T with an approximate value of Five Thousand Dollars ($5,000.00). 3.3 Husband agrees to transfer to Wife all his right, title and interest in the marital real estate situate at 1166 Redwood Drive, Carlisle Pennsylvania. Wife agrees to assume sole responsibility for the mortgage to Orrstown Bank on said marital real estate in both parties' names with an approximate current balance of Thirty-Six Thousand Dollars ($36,000.00). Wife further agrees to indemnify and hold Husband harmless from any and all liability or loss in connection with same. Wife agrees to refinance the loan in her name as soon as is reasonably possible. The parties agree to execute any and all documents necessary for said transfer. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, or profit sharing plan in connection with his employment. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, or profit sharing plan in connection with her employment. Page 4 of 10 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Husband agrees to transfer to Wife any right, title, or interest he may have in the 2003 Honda CRV titled in Wife's name. The parties agree to transfer to their daughter, Ashley, any right, title, or interest they may have in the 1997 Sidekick titled in both parties' names. The parties agree to execute any and all documents necessary for said transfers. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTI LE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, of which the parties have not made each other aware, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. The parties agree to indemnify and hold each other harmless from any and all loss or liability in connection with said marital debts. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged except as otherwise specifically set forth herein. Wife agrees to assume sole responsibility for the following debts and further agrees to indemnify and hold Husband harmless from any and all liability or loss in connection with same: Page 5 of 10 1) Debt to Ibis Appraisal Services for collectibles appraisal with a balance of Nine Hundred Sixty Dollars ($960.00). ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties agree and consent to the fact that Sean M. Shultz, Esquire, represents Wife, and Michael A. Scherer, Esquire, represents Husband The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other. 6.3 Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Page 6 of 10 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, 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 obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. A summary list of assets to be retained by each party is attached hereto as Exhibit "A". Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 6.10 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non- breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6.11 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the Page 7 of 10 mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6.12 The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees, including attorney's fees, of the party who is seeking the divorce. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: 111k)" h 2 Mica A. Sc erer, Esquire Counsel for Husband )Llq?s? can M. Shultz, Esquire Counsel for Wife Page 8 of 10 Exhibit A Assets to be retained by Husband Kitchen table and chairs Dovetailed, collectible Secretary Desk King Size Bed with headboard Curio Cabinet Three dovetailed, collectible Dressers Four dovetailed, collectible bedside stands Two lamps Two dovetailed, collectible matching dressers/desks Bumper pool table Page 9 of 10 Assets to be retained by Wife Living Room Furniture (couch, loveseat, chair, entertainment cabinet) Dining Room Furniture (table, 6 chairs, 2 hutches Basement Furniture (couch, loveseat, chair, wooden furniture) Big Screen Television in Basement Washer/Dryer Queen Size Mattress Hand-penciled Indian original picture and frame Computer and printer Page 10 of 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY A. BAILEY, Plaintiff CIVIL ACTION - LAW V. NO. 2008-6748 ROBERT D. BAILEY, ' Defendant I? DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: NF TP'c it ?T:AA`! 2010 AN 15 AH 11: i I CUIE Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: mailed to Defendant by United States Certified, Return Receipt Requested, Restricted Delivery Mail on November 17, 2008, and accepted by Defendant on November 18, 2008. 3. Date of execution of the Plaintiff's Affidavit of Consent required by Section 3301(c) of the Divorce Code: June 8, 2010; by the Defendant: June 10, 2010. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 8, 2010. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 11, 2010. Date: June 14, 2010 LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff .f ' IN THE COURT OF COMMON PLEAS OF KERRY A. BAILEY CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT D. BAILEY NO 2008-6748 DIVORCE DECREE AND NOW, -r ,,' 2 , ?_ 0 /0 , it is ordered and decreed that KERRY A. BAILEY plaintiff, and ROBERT D. BAILEY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement dated June 4, 2010, is hereby incorporated, but not merged, into this Decree. By the Court, Attest: J. Prothonotary (o • 2S - I C) G,4. co p? ma.4 lei -4fl 4W? Ehut+z u