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HomeMy WebLinkAbout09-2665• I Thomas D. Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 MARY B. LAUDENSLAGER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN M. LAUDENSLAGER, DEFENDANT NO. 2009 - 02 L G -5? CIVIL TERM 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Third floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE OF AVAILABILITY OFF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. . y MARY B. LAUDENSLAGER, PLAINTIFF V. STEVEN M. LAUDENSLAGER, DEFENDANT IN THE COURT OF COMMON PLEAS CMaERLAND COUNTY, PENNSYLVANIA NO. IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Mary B. Laudenslager who resides at 221 S. Washington Street, Apartment #2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Steven M. Laudenslager who resides at 2166 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 4, 1995 in Westmoreland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 7 31-14 61 VERIFICATION I verify that the statements made in this Complaint 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: Mar B. Laudenslager O Fly OF THE 2509 APR 2S Pli 3: S 3 r?t_P ?I?a.J ALtir I NA 33 4L. A A y 3 l6 r FILED-Di-F11: 101 I JUN -2 AM 10: 1 UUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff V. : STEVEN M. LAUDENSLAGER, Defendant NO. 09-2665 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE OF LEGAL COUNSEL To the Prothonotary: Please withdraw the appearance of Thomas D. Gould, Esquire as attorney for the Plaintiff, Mary B. Laudenslager, in the above captioned case. Dated: -May 26 201,1 THOMAS D. GOULD, ESQUIRE PRAECIPE TO ENTER APPEARANCE OF LEGAL COUNSEL To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, on behalf of the Plaintiff, Mary B. Laudenslager. Papers may be served at the address set forth below Dated: 1-3 /11 RADCLIFF, ESQ E Court ID No. 32112 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 FILED-OFFICE ''r= THE PROTHONOTARY 2011 JUL 20 PM 12:59 CUMBERLAND COUNTY PENNSYLVAIIIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff NO. 09-2665 CIVIL TERM V. CIVIL ACTION - LAW STEVEN M. LAUDENSLAGER, IN DIVORCE Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff NO. 09-2665 CIVIL TERM V. STEVEN M. LAUDENSLAGER, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR ECONOMIC CLAIMS Petitioner, Mary B. Laudenslager, by her attorney, Diane G. Radcliff, Esquire, this Petition for Economic Claims and represents that: 1. Petitioner is Mary B. Laudenslager, Plaintiff in the above captioned case. 2. Respondent is Steven M. Laudenslager, Defendant in the above captioned case. 3. This action was commenced by the filing of a Divorce Complaint by the Respondent on April 28, 2009. 4. In the Divorce Complaint the Respondent raised the following claims: Divorce. 5. Petitioner wishes to raise the following economic claims in this Petition as permitted by the Domestic Relations Law. PETITIONER'S ECONOMIC COUNT I EQUITABLE DISTRIBUTION 6. Petitioner incorporates by reference the averments set forth in Paragraphs 1-5 herein as fully as though the same were set forth at length. 7. Respondent and Petitioner have acquired property and debts, both real and personal, during their marriage from the date of marriage to the date of separation, all of which is "marital property". 8. Respondent and/or Petitioner have acquired, priorto the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 9. Respondent and Petitioner have been unable to agree as to an equitable division of said - 7q. DO Pa AM74 c1 4471 2 P_* do 0 (as property as of the date of the filing of this Complaint. WHEREFORE, Petitioner requests this Honorable Court to equitably divide all marital property and debts of the parties. PETITIONER'S ECONOMIC COUNT II COUNSEL FEES AND COSTS 10. Petitioner incorporates by reference the averments set forth in Paragraphs 1-9 herein as fully as though the same were set forth at length. 11. Petitioner has employed legal counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 12. Petitioner is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Petitioner requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, DI CLIFF, ESQUIRE 448 Trindle oad Camp i , A 17011 Supreme Court ID #32112 Phone: (717) 737-0100 Attorney for Petitioner Date: 117-j/1 3 - VERIFICATION I verify that the statements made in this Petition are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ? i rcv ,? tG?%?I'? MARY W. LA'.",D"'E"INSLA ER Date: ?""`7 10', Z-0/1 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Steven M. Laudenslager 2166 Merrimac Avenue, Mechanicsburg, PA 17055 (Respondent) P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Counsel for Respondent) I G. RA CLIFF, ESQUIRE (Atto stration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Petitioner Dated: 3 °f r -< o c? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff NO. 09-2665 CIVIL TERM V. STEVEN M. LAUDENSLAGER, Defendant CIVIL ACTION - LAW IN DIVORCE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on January 27, 2009 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to u'nsworn falsifications to authorities. ?Q Date: L1 1T // _ ?" MAR UDENSLAGER, Plaintiff a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, ?.? Plaintiff NO. 09-2665 CIVIL TERM V. CIVIL ACTION - LAW ?r CD STEVEN M. LAUDENSLAGER, IN DIVORCE? - ZD Defendant. MOTION FOR APPOINTMENT OF MASTER MARY B. LAUDENSLAGER, Plaintiff„ moves the Court to appoint a Master with respect to the following claims: [ X ] Divorce [ ] Annulment [X] Distribution of Property [ ] Support [ ] Alimony [ ] Alimony Pendente Lite [X] Counsel Fees [X] Costs and Expenses In support of the Motion the Defendant states: I . Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party has appeared in the action personally. 3. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault. 4. The action is contested with respect to the following claims: All claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the Motion: P. Richard Wagner, Esquire has been representing Defendant in this case, but has yet to enter his appearance of record. Date: July 26, 2011 RADCLIFF, ESQU 4ttorne r Plaintiff ORDER APPOINTING MASTER AND NOW, , 2011, E. Robert Elicker, II, Esquire is appointed Master with respect to the following claims: [ x ] Divorce [ ] Annulment [X] Distribution of Property [ ] Support [ ] Alimony [ ] Alimony Pendente Lite [X] Counsel Fees [X] Costs and Expenses BY THE COURT: JUDGE `,, ' • ATTORNEY FOR MOVING PARTY Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 Attorney for Plaintiff NON MOVING PARTY Steven M. Laudenslager 2166 Merrimac Avenue Mechanicsburg, PA 17055 1 . a CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Steven M. Laudenslager 2166 Merrimac Avenue Mechanicsburg, PA 17055 (Defendant Pro Se) P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Non-Record Attorney for Defendant) DESQUIRE 7 ( YCLIFF, stration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffncomcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff Dated: E!) S .. Z5 41 Pleading Description: Petition for Special Relief Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: The Honorable Albert Masland (Custody No. 11-1307) Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffAcomcast. net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff NO. 09-2665 CIVIL TERM V. STEVEN M. LAUDENSLAGER, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF - SALE OF MARTIAL HOME AND NOW, comes the Petitioner, Mary B. Laudenslager, by her attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition, and represents that: PROCEDURALBACKGROUND 1. This is a divorce case. This Petition involves a request for special relief regarding: (A) Petitioner's request for the sale of the parties' marital home; (B) Petitioner's request for a key to the marital home. -1- 2. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff, Esquire for Plaintiff; (b) No attorney has entered his or her appearance in this case for the Defendant although P. Richard Wagner, Esquire has advised that he represents the Defendant and has been in communication with Plaintiff 's attorney about the case. 3. A copy of this Petition was provided to Respondent's Attorney, P. Richard Wagner on July 19, 2011, who was asked to consent to the relief requested in this Petition. 4. There has been no judge previously assigned to this divorce case. The Honorable Albert Masland previously entered an order for Custody in the companion custody case docketed to no. 11-1307 Civil Term. 5. The within action was commenced by the filing of a Divorce Complaint on April 28, 2009, which Complaint was served upon the Defendant, by Acceptance of Service on April 30, 2009. 6. On July 18, 2011, Plaintiff filed a Petition Raising Economic Claims. In that Petition the following claims were raised: a. Equitable Distribution of Marital Property and Debts; b. Counsel Fees and Costs. FACTUAL BACKGROUND AND CLAIM AVERMENTS 7. Your Petitioner is Mary B. Laudenslager, (hereinafter referred to as "Wife"), and is the Plaintiff in the above captioned divorce action. 8. Your Respondent is Steven M. Laudenslager (hereinafter referred to as "Husband"), and is the Defendant in the above captioned divorce action. 9. The parties are husband and wife. They were married on November 4, 1995 and separated on January 28, 2009. 10. The parties are the joint owners of an improved parcel of real estate known and numbered as 2166 Merrimac Avenue, Mechanicsburg, PA 17055. -2- 11. The home was used as the parties' marital home from its acquisition in 2006 until the parties' marital separation on January 28, 2009 separation. 12. Since the date of separation the property has been used as Husband's residence. 13. The property is subject to a mortgage owed to Northwest Savings Bank having a balance of approximately $203,500 and requiring monthly payments of $1,800 per month. 14. Wife obtained an estimated sales price of between $290,000 and $270,000. 15. Wife believes the parties would net no less than $45,000 if the house were sold. 16. Husband has failed to make timely payment of the mortgage as a result of which wife's previously great credit rating has been irreparably harmed. 17. Husband owes $3,724.20 in past due payments as evidenced by the letter from the mortgage company dated July 6, 2011, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 18. Wife previously secured a listing agreement to sell the home and asked Husband to sign it but Husband refused. A true and correct copy of the listing agreement is attached hereto, marked Exhibit "B" and made a part hereof. 19. If the home is not sold, Wife's credit will continue to be harmed and the property may be lost to foreclosure. 20. If Husband continues to fail to make the mortgage payments to cost to cure the default will increase including attorneys fees and costs to be assessed in a mortgage foreclosure action, all of which shall be of financial detriment to Wife. 21. Recently, Husband changed the locks to the marital home and has refused to give the key to Wife or give her access to the property so she could clean the home to make it ready to sell. 22. Wife has or will incurred attorneys fees in bringing in this Petition in the amount of $2,900.00 and claim is made therefor. WHEREFORE, based on the foregoing, Wife respectfully requests this Honorable Court to enter an Order containing the following terms: Requiring Husband to immediately sign and return the listing agreement so the marital home can be listed for sale within 3 days of the date of the entry of the -3- Order requiring that listing . 2. Requiring Husband to cooperate with the listing broker in marketing the real estate and to accept and follow any reasonable advice given to enhance the chances of sale of the property including but not limited to, reductions in the listing price, the cleaning and upkeep of the property as well as cooperation with the showing of the property; 3. Requiring Husband to provide Wife with keys to the locks on the marital home; 4. Requiring Husband to allow Wife to enter the home for purposes of cleaning it either by herself or by a cleaning service upon no more than 24 hours advance notice to Husband and to not harass or threaten her if and when she is present in the home. 5. Requiring Husband to pay for all reasonable attorneys fees and costs incurred by Petitioner in bringing this Petition; 6. For such other and further relief as the Court may deem appropriate. Respectfully submitted, J DI CLIFF, ESQUIRE 3448 1 oad Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner, Mary B. Laudenslager -4- VERIFICATION I verifies that the statements made in the foregoing document 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. MARY . LA DENSLAG Date: 7/8/ -5- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Steven M. Laudenslager 2166 Merrimac Avenue, Mechanicsburg, PA 17055 (Respondent) P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Counsel for Respondent) DCLIFF, ESQUIRE orney gistration No 32112) rin le Road Camp Hill, PA 17011 Email: dianeradcliffa-comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Petitioner Dated: -6- EXHIBIT "A" 7/6/11 MORTGAGE COMPANY DEFAULT LETTER NORTHWEST SAVINGS BANK Where people make the difference. 100 LIBERTY STREET - P. O. BOX 337 - WARREN, PENNSYLVANIA 16365 - FAX: {814) 72B-7740 July 6, 2011 STEVEN M LAUDENSLAGER AND MARY B LAUDENSLAG.ER 205 COOVER ST. MECHANICSBURG PA 17055 COPY RE: Note # 001.805060355 Dear STEVEN and MARY, We have not yet received your payment on the above referenced account. The amount you need to pay to bring your account current is $3,724.20 which includes accrued late charges. We need this problem rectified as soon as possible so we can maintain a good business relationship with you. As you know, late payments cost you money in late charges, deferments, or additional interest. Your late payments also hurt your credit rating. We remind you of the value of a good rating to your future credit needs. How you pay is likely to have an effect on your ability to obtain credit from others. Your 06/01/2011 payment is past due and your next payment is due very shortly. Please contact our office within 5 days from the date of this letter to make arrangements for one or both of these payments. Please contact me at 1-80.0-789.-8075. This telephone number is toll free and a direct line for your convenience. Sincerely, J. PAUL OKERLUND Collections Department Northwest Direct: 1-877-672-5678 www.northwestsavingsbank.com EXHIBIT "B" PROPOSED LISTING AGREEMENT CfJNSUMER PTO TICE CN copy., THIS IS NOT A CONTRACT In an effort to enable consumers of real estate services to make informed decisions about the business relationships they may have with real estate brokers and salespersons (licensees), the Real Estate Licensing and Registration: Act (RELRA) requires that consumers be provided with this Notice at the initial interview. • Licensr enter into the following agency relationships with consumers: Seller Agent' -As- a-sel%r agent the licensee and the Ircensee4s company works exclusively for the seller/landlord and must act in the seller's/landlord's best interest, including making a continuous and good faith effort to fend a buyer/tenant except while the prop- erty is subject to an existing agreement. All confidential information relayed by the seller/landlord must be kept confidential except that a licensee must reveal known material defects about the property. A subagent has the same duties and obligations as the seller agent. Buyer 4gent As a buyer agent, the licensee and the licensee's company work exclusively for the buyer/tenant even if paid by the seller/landlord. The buyer agent :must act in the buyerhenant's best interest, including making a continuous and good faith effort to find a property for the buyer/tenant, except while the buyer is subject to an existing contract; and must keep all confidential information, other than known material defects about the property, confidential. Dual Agent As a-dual agent, the licensee works for both the sellerllandlord>and the buyerttenant. A dual agent may not take any action that is adverse or ietrirnental to either party but must disclose known material defects about the property. A Iicensee must have the written consent of both parties before acting as a dual agent. Designated Agent As a designated agent, the broker of the selected real estate company designates certain licensees within the company to act exclusively as the seller/landlord agent -and other licemees within the company to act exclusively as the buyer/tenant agent in the transaction. Because the broker stgervises all of the licensees, the broker automatically serves as a dual agent. Each of the desig- nated licensees are required to act in the applicable capacity explained previously. Additionally, the broker has the duty to take reasonable steps to assure tIiat confidential information .is not disclosed within the company. • In addition, a licensee may serve as a Transaction Licensee. A transaction licensee provides real estate services without haying any agency relationship with a consumer. Although a transa- ction licensee has no duty, of loyalty or confidentiality, a transaction licensee is prohibited from disclosing that: • The seller will accept a price less than the asking/listing price, • The buyer will pay a price greater than the Price submitted in the written offer, and • The seller or buyer will agree to financing terms other than those offered. Like licensees in agency relationships, transaction licensees must disclose known material defects about the property. ec?"?* nr?' ???c'rA?; ra_la n^s] :n selec`ed, all licensees ^we c`?nsu1T'ers +-,c du'y 'o. reasorahl° p-ofessional skill and care which meets the practice stzndards required by the RELRA. • Deal honestly and in good faith. • Present. as soon as practicable; all written offers, counteroffers, notices and communications to and from the parties. This duty may be waived by the seller- where the seller's property is under contract and the waiver is in writing. • Comply with the Real Estate Seller Disclosure Law. • Account for escrow and deposit funds. • Disclose. as soon as practicable, all conflicts of interest and financial interests. • Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions. • Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise. • Keep the consumer informed about the transaction and the tasks to be completed. • Disclose financial interest in a service; such as financial, title transfer and preparation services, insurance, construction, repair or inspection, at the time service is recommended or the first time the licensee learns that the service will be used. • The following contractual terms are negotiable between the licensee and the consumer and must be addressed in an agreement, disclosure statement, • The duration of the licensee's employment, listing agreement or contract. • The licensee's fees or commission. • The scope of the licensee's activities or practices. • The broker's cooperation with and sharing of fees with other brokers. • All sales agreements must contain. the property's zoning classification except where the property is zoned solely or primarily to permit single family= dwellings. • The Real Estate Recovery Fund exists to reimburse arry person who has obtained a final civil ;judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658. Before you disclose: any financial information to a licensee, be advised that unless you select a business relationship by signing a written agreement, the licensee is NOT representing you. A business relationship is NOT presumed. ACKNOWLEGDGMENT I acknowledge that -I have received this disclosure. Date STEVEN M.LAU.:DENSLAGER (Consumer's Printed Name) Date MARY B. l_AUDENSIAGER (Consumer's Printed Name) (Consumer's Signature) ons er'sSignature) I cent( ave provided this document to the above consumer. D e May 19, 2011 L MANGES (Licensee's Printed Name) (Licensee's Signature) 69481 (License #) LISTING CONTRACT EXCLUSIVE RIGHT TO SELL REAL ESTATE f his form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS* (PAR). BROKER (Company) ColdweltBanker Homestead Group Select Professionals LICENSEE(S) JASON L MANGES SELLER STEVEN M..LAUDENSLAGER MARY B. LAUDENSLAGER Does Seller have a Lasting Contract with another Broker? F] Ye: F No If yes, explain: PROPERTY 2166.MERRIMAC AVENUE, MECHANICSBURG, PA 17055 LISTED PRICE $ Address 2166°MERRIMAC AVENUE Municipality (city, borough, township) UPPER ALLEN TOWNSHIP County CUMBERLAND Zoning RESIDENTIAL Present Use School District MECHANICSBURG Identification flax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date PARCEL ID #42110276130 2. STARTING & ENDING 'DATES OF LISTING CONTRACT (ALS[kCALLED -TERM^) A. No Association of REALTORS•`has set or recommended -the term of this contract. Bylaw, the length or term of a listing contract may not exceed one year. Broker and Seller have discussed and agreed upon thelength orterm of this contract. B,. Starting Date: This Contract starts when signed by Broker and Seller, Unless otherwise stated here: C. Ending Date: This Contract ends on 3. DUAL:AGENCY Seller agrees-that Broker may. also represent the buyer(s) of the Property. The Broker is a DUAL AGENT when representing both Seller and the buyer in the sale of a property. 4. DESIGNATED AGENCY Ej Not Applicable. 0 Applicable. Broker may desigrwte licenseesto represent the separate interests of Seller and the buyer. Licensee (identified above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced to the buyer by a licensee in the Company who.is not representing the buyer, there that.licensee is authorized to work on behalf of Seller. If Licensee is also.the Buyer's Agent, then. Licensee is a DUAL AGENT. 5. BROKER'S FEE No Association of REALTORS* has set or recommended the Broker's Fee. Broker and Seller have negotiated the fee that Seller will pay Broker. Broker's Fee is % of the sales price AND $ 395.00 paid by Seller. S, COOPERATION WITH OTHER BROKERS Licensee has explained Broker's company polices. about cooperating•with otherbrokers. Broker and Seller agreethat.Broker will pay from Broker's Fee a :fee to another broker who procures the buyer, is a member of a Multiple Listing Service (MLS), and who: A. ? represents Seller (SUBAGENT). Broker will pay of/from the sale price. B. represents the buyer (BUYER'S AGENT). Brokerwill fray of/from'the sale price A Buyer's Agent, even if compensated by'BrokerforSel er;wil representtFe interests of the Buyer. C. does not represent either Seiler or a buyer (TRANSACTION LICENSEE). Broker will pay of/from the:sale price. PAYMENT OF BROKER'S FEE A. SellerwillpayBroker'sFeeifPsopeny oranyownershtsintet5estinitFLs.;said:are?cebanged:durfag#haterm I'this Contract by Broker, Broker's salespersons, Seller, orby any°atherlderson or broker atthe listed frriceor any price acceptable to Seller. B. Selletwill pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer is one who will pay thelisted price or more for a Property, or one who, has submitted an offer accepted by Seiler. C. Seller will pay Broker's Feelf negotiaticin that.are pending at the Ending Date of.this Contract result in a sale. D. Seller will pay Broker's Fee for a sale that occurszfter the Ending Date ofthis.,Contract IF. (1) The sale occurs within 60 DAYS of the ending date, AND (2) The buyer was shown or negotiated to buy the Property during the term of this contract, AND (3) The Property is not listed under an "exclusive right to sell contract" with another broker at the time of the sale. E. If a buyer signs an agreementof salethen refuses to buy the Property, or ifa buyer is unable tobuy the Property because of failing'to do all the things required of the buyer in the agreement of sale (buyer. default),.Sell&wilLpay Broker N/A _ of/from buyer's deposit monies, OR theBroker's`Fee=in Paragraph 5, whichever' is less. F. If the Property or any part of it is. taken byany.governmentfor public use (Eminent Domain), Seller will pay Broker'sfeefrom any money paid by the government. G. If a sale occurs, Broker's Fee will be paid upon delivery of the deed or other evidence of transfer of title or interest. if the property is transferred by an installment contract, Broker's fee will be paid upon the execution of the installment contract. i//,r l Pennsylvania Association of REALTORS XLS Seller Initials 0/ r r)PVRiri?aT PFNNSVF VANIA A4Sr)r1AT1nN nr RFAI TOR- 7n07 ANY CHANGES TO THIS PAGE MUST BE MADE AND INITIALED ON EACH COPY 8. DUTIES OF BROKER AND SELLER A. Broker is acting as a Seller's Agent, as described in the Consumer Notice, to market the Property and to negotiate with potential buyers. Broker will use reasonable efforts to find a buyer for the Property. B. Seller will cooperate with Broker and assist in the sale of the Property as asked by Broker. C. All showings, negotiations and discussions about the sale of the Property will be done by Broker on Sellers behalf. All written or oral inquiries that Seller receives or learns about regarding the Property, regardless of the source, will be referred to.Broker. D. If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. If any leases are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant's responsibilities. E. Seller will not enter into or renew any leases during the term of this Contract without first giving notice to Broker. 9. BROKER'S SERVICETO BUYER Broker may provide services to a. buyer for which Broker may accept afee. Such services may include, but are not limited to, deed/ documentation preparation; ordering certifications required for closing; financial services;title transfer and preparation services; ordering insurance, construction, repair, or inspection services. Broker will disclose to Seller if any fees are to be paid by Buyer. 10. BROKER NOT RESPONSIBLE FOR;DAMAGES Seller agrees that-Broker and Broker's salespersons are not responsible for any damage to the Property or any loss or theft of personal goods from Property unless such damage, loss or theft is directly cause by Broker or Brokers salespersons. 11. DEPOSIT MONEY A. Broker, oranyperson Seller and the buyer name in the agreement of sale,•will keep.all deposit monies paid by or for the-buyer in an escrow account until the saleis completed or the agreement of sale is terminated. If held by Broker, this escrow account will be held as required by real estate licensing laws and regulations. Self agrees thattheperson keeping the deposit monies may wait. to deposit any a uicashed check that is received as deposit money until Seiler has: accepted an offer. B. If Sellerjoins Broker or Licensee in a.lawsuit forthe return of deposit monies, Seller will pay Brokers and licensee's attorneys' fees and costs. 12. OTHER PROPERTIES Seiler agrees that Broker mayl'rst other properties for sale and that Broker may show other properties to prospective buyers. 13. CONFILCT OF INTEREST A conflict of interest is when Broker or Licensee. has a;frianciai or personal interest where Broker or Licensee cannotput Sellers interests before any other.: If Broker, Licensee; or any of Broker's salespeople has a conflict of interest, Broker will notify Seller in a timely manner. 14. PUBLICATION OF SALE PRICE Seller is aware that the Multiple Listing Service(MLS),:newspapers, and other media may publish the final sale: price o€the. property after settlement. is. SELLER °WILL-REVEAL DEFECTS&ENVIlIZIRNMENT,ALHAZARDS A. Seller (including Sellers exemptfromthe Real;Estate Seller Disclosure Law) will disclose all known.material defectsand/or environmental hazards on-a<separate disclosure statement. A material defect is a problem or condition that (1) is a possible danger to those living on the Property, or (2) has a significant, adverse effect on the value of the Property. The fact that a structural element,.syAem or subsystem is near, at or beyond the end of normal useful life of such a structural element system or subsystem is not by itself a material defect. B. If Seller fails to disclose known materaal defects and/or environmental hazards; (1) Seller will not hold Broker or licensee responsible in anyway, (2) Seller will protect Broker and Licensee from any claims, lawsuits,.-and actions that result; (3) Seller will pay all ofBroker`sand Licensees costs that result. This includes attorneys' fees and court-ordered payments or settlements (money Broker or Licensee pays to end a lawsuit or claim). 16. IF PROPERTY WAS BUIL7"BEFORE TM The Residential Lead=Based Paint Hazard Reduction Act says that any seller of a property built before 1978 must give the buyer and EPA pamphlet titled Protect YourFanilly From Lead.in Your Home. The seller also must tell the buyer and the broker what the seller knows about lead-based paint and lead-based: paint hazards.thatare in or on the, property being sold. Seller must tell the buyer how the seller knows that lead-based paint and lead-based:paint hazards are on theeproperty, where the lead-based paint and lead-based paint hazards are, the condition of-the painted :surfaces, and any other information seller knows about lead-based paint and lean-based paint hazards on the.property. Any.seller.of a pre-1:978structure mustalso give the:buyer any recorcls and reports that the seller has or can getabout lead-based paint or lead-based paint hazards irroraround the-property being sold, the common areas, or other dwellings in multi-family housing. Aecordingto the Act,_a seller must give a .buyer 10 days (uniess.seller and the buyer agree to a different period of time) from the time an agreement of sale is signed to have a "risk •assessment° or inspection for possible lead-based paint hazards-done on the property. Buyer may choose not to have the risk assessment or inspection for lead paint hazards done. If the buyer chooses notto have the assessment or inspection, the buyer must inform the -seller in writing of the choice. The Act does not require the seller to inspect for lead paint'hazards orto correct lead paint hazards on the property. The Act does not apply to housing built in 1978 or later. iF ANY CHANGE'S TO THIS PAGE MUST BE MADE AND INITIALED ON EACH COPY 17. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgement) against a Pennsylvania real estateficensee because of fraud, misrepresentation, ordeceitna real estate transaction. The Fund repays persons who have not been able to collect thejudgment aftertrying all lawful waystodo so. For complete details about the Fund, call (717) 7833658, or (800) 822 2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 18. NOTICE TCJ PERSONS OFFERING TO:SELL ORRENT MOUSING IN PENNSYLVANIA Federal and state laws make it illegal for a seller, a broker, or anyone to use. RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX DISABILITY (physical or mental), FAMILIAL STATUS (children under 18 years ofage), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO AN INDIVIDUAL KNOWNTO HAVE. A DISABILITY as reasons for refusing to sell, show,-or rent-properties, loan money, or set: deposit amounts, or as reasons for anydecision reiating to the sale ofpropery. 19. ADDITiONAL.OFFERS Unless.prohlbited by:Seller, if Broker is:asked.by_a.buyerorcooperating,broker_aboutthe existence ofother offers on the Property., Broker will reveal the exlstence of other offers.and whetltertheywere.obtained by the Licensee identified in this Contract, by any. Licensee working with Broker, or by acooperating Broker. ONCE SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQURIED TO PRESENTOTHER OFFERS. 20. TRANSFEROFTHiSCONTRACT A. Broker will notify Seller immediately inwriting :if Broker-transfers this Contract to another broker when: (1) Broker stops doing.business, OR (2) Broker forms anew real estzite.business, OR (3) Brokerjoins his business with another. Seiler agrees that Broker may transfer this Contract to another broker .Broker will notify Seller immediately in writing when a transfer occurs or Broker will lose-the right totransfer this Contract. Seller will follow all requirements of this Contractwith the new broker. B. Should Seiler give or transfer the Property, or an-ownership Interest.in it, to anyone during the term of this Contract, all owners will follow the requirements of this?Contract. 21. NO OTHER CONTRACTS Seller will not enter into another iistinq.agreement with anotherbroker that begins _before the Ending date of this Contract. 22. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made before are not part of this contract 23. CHANGES TO THIS,CONTRACT All changesto this contract must be In writing and signed by Broker and Seller. 24. SPECiAL:INSTRUCTiONS The Office of the Attorney General has not.pre-approved.any.spedal conditions or additional terms added by anyparties.:Any special conditions or additional terms in the Contract must comply With: the Pennsylvania Plain Language Consumer Contract Act. 25. COPYRIGHT In consideration of Broker's efforts to market Seller`s` Property as stated in this Contract, Seller grants Broker a non-exclusive, world-wide license (the "Licensel to useanypoterAbIty::copyrightable materials (the' Materials') which are related to the Property and provided bySeilerto Broker or:Broker's representative(s). The Materials may include, but are not:limited to. Photographs, images, video recordings,vlrtualtours, drawings, written descriptions, remarks, and pricing information related to Seller's Property. This License.permitsfiroker to submit the Materials to one or more mutdpielisting: services, to include the Materials in compilations of listings, and to otherwise distribute,.publidy display,.reproduce,.publish andproduce derivative works from the Materials for any purpose thatdoes not conflict with the-express terms of this Contract. The License may not be. revoked by Seiler and shall survive thefnding ofthis Oontraet. Seller:aisagrarits Brokertothe.rightto sublicense to others any of these rights granted to Broker by:Selter. SeNer represents and warrants to $roker that the ticertsegranted to Brokerfor the Materials does not violate-or infringe upon the rights, including,aay copyrights, of anyperson or entity. Seller understands that the terms of the License do not grantSeller any legal right to any works that Broker may produce using the Materials. SELLER'S PROPERTY DISCLOSURE STATEMENT 5PC This fqrm recommended and approved for, but no restricted to use by, the members of the Pennsylvania Association of REALTORS' (PAR) 1 Property to Sell 2166 MERRIMAC AVENUE City MECHANICSBURG State PA Zip 17051]. 2 Seller 1 STEVEN M. LAUDENSLAGER Seller 2 MARY B. LAUDENS LAGER 3 The Real Estate Seiler Disclosure Law (68 P.S. §7301 et seq.) requires that a seller of a property must disclose toa buyer all known 4 material defects about theproperty:b6ngsole thatare not readily observable. While the Law requires certain disclosures, this disclosure 5 statement covers common topics beyond the basic requirements of the Law in an effort to assist sellers in complying with disclosure 6 requirements and to assist buyers in evaluating the property being considered. Sellerswho wish to see or use the basic disclosure form can find 7 the form on the Web site of the Pennsylvania State Real Estate Commission- 8 This Statement discloses Seller's knowledge of the condition ofthe•property as of the date signed by:Seiter,and isnota:.substitute:for any 9 inspections orwarranties-thatBuyer maywish to obtain. This Statement is not a warranty of any kind by Seller or a warranty or 10 representation by any listing real estate broker, any selling real estate. broker, or their licensees. Buyer is encouraged to address concerns about 11 the conditions. of the property that may not be included in this Statement. This Statement does not relieve Seller ofthe abligation to disclose a 12 material defect that may not be addressed on this form. 13 A Material Defect is a problem with.a residential real;property or any portion of it that would have a significant adverse impact on the 14 value of the property or that Involves an unreasonable rlsk to:people.onthe:property. Thefactthat a structural<element, system or subsystem 15 is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself, a material defect. 16 1. SELLER'S; EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, environmental assessment or other ari=as 17 related to the construction and conditions of the property and its improvements, except as follows: 18 19 2.OCCUPANCY/OWNERSfIP 20 (a) Is the property currently occupied? _ Yes _ No If "yes," by whom? _ Seller _ Other occupants (tenants) 21 If property is not occupied, when was t.Wt occupied? 22 (b) How long have you owned theproperty? 23 (c) Are you aware of any pets having lived in the house or other structures during your ownership? _ Yes _ No 24 If "yes," describe: 25 3. ROOF 26 (a) Date roof installed: _ Documented:? _ Yes _ No _ Unknown 27 (b) Has the oofbeen repiaced'orrepaired during your ownership? _ Yes _ No 28 If "yes," was the existingroofing material removed? _ Yes _ No _ Unknown 29 (c) Has the roof ever leaked during your ownership? _ Yes _ No 30 (d) Are you -aware of any problemswith the roof, gutters, flushing, or downspouts? _ Yes _ No 31 Explain any "yes" answers in this section, including-the locatiomand eitofanyYproblent(s):andanyrepairorremediationefforts: 32 33 4. BASEMENTS AND CRAWLSPACES (Complete only if applicable) 34 (a) Does the property have a sump pump? __ Yes _ No _ Unknown 35 if "yes," has it ever run? _ Yes _ No Unknown is it.in working order? _ Yes _ No _ Unknown 36 (b) Are you aware of any water leakage, accumulation, or dampness within the basement orcrawlspace? _ Yes _ No 37 (c) Do you know of any repairs or other attempts to control any water or dampness pr'oWem in the basement or crawl space? _ Yes No 38 Explain any "yes" answersrin: this section, iinclud€ng,the location.and-extent of. any;problIemfs:). and any-repair orremediatlon efforts 39 40 5. TERMITES/WOOD-DESTROYING 4NSECTS,:DRYl2C3T PESTS 41 (a) Are you aware of any termites/wood-destroying insects, dryrot, or:pests.affecting this property? Yes _ No 42 (b) Are you aware of anydamage-to the property caused by terrniteS/Wood-destroying.insects, dryrot; or pests? _ Yes _ No 43 (c) Is your property currently under contract by a licensed pest control company? _ Yes _ No 44 (d) Are you aware of any termite/pest control reports or treatments for tit' property? _ Yes _ No 45 Explain any"yes"answersin this section, Including thename<ofanyserarice/treatmentproyidex,-"lopficable: 46 47 6. STRUCTURAL ITEMS - 48 (a) Are you aware of any past or presentwater leakage in the house or other structures? _ Yes _ No 49 (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with the wails, foundations, or other structural 50 components? _ Yes _ No 51 (c) Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property? _ Yes _ No 52 (d) Is your property constructed with an Exterior Insulating Finishing System (EiFS),.such as Dryvit or synthetic stucco? 53 _ Yes _ No _ Unknown If yes, date installed, if known 54 (e) Are there any defects (including stains) in flooring or floor coverings? _ Yes _ No _ Unknown 55 (f) Are you aware of any fire, storm, water or ice damage to the property? _ Yes _ No _ Unknown 56 Explain any "yes" answers in this section, including the:iocation and extentof any problem(s) and any repair or remedlation efforts: 57 7Y.. 59 6. ADDITIONS/ALTERATIONS 60 Have any additions, structural chances, or other alterations been made to the orooerty durino vour ownershin? Yes No 61 62 63 64 65 66 67 68 69 70 71 72 rif yes, list additions, structural changes, or alterations (use additional sheets if necessary) Approx date of work Were permits obtained? (Yes/No/Unknown) Were final inspections/approval obtained (Yes/No/Unknown) A,.. ? n-- TL- n n ,.vacav--,Y ,.,", rn1.ur,?-iracUVr,S.UUeJ1r.[,,3?-r..>.3lL1V.iurerseq,leTTecrivezvugj arra?oearcoaeseswt;ilsnstonaarastor:buitdingand altering properties. Buyers-should check with the municipafitytadetermine if permits and/or approrrals were necessaryfor disclosed work and if so, whether they were obtained Where required permits were not obtained,- the munidpality mightrequirethe current owner to upgrade or remove changes.made by prior owners. Buyers can have the. proper(yinspected byan expertin codes compliance to determine if issues exist Exponded title insurance policies maybe available for Balers to coverthe risk of work done. to the property by previous owners without a perrnlt orapproval 73 8. WaterSupply 74 (a) What is the source of your drinking water? - Public Water - Well on Property _ Community Water _ None 75 Other(explain) 76 (b) When was your water astteste Test Results? 77 If your drinking water source is not pu ic, is epumping system in working order! Yes No 78 if "no," explain: - - 79 (c) Do you have a softener, filter, or other treatment system? Yes No 80 if you do not own the system, explain: - - 81 (d) Have you, ever had a problem with your water sup y? Yes No 82 (e) Has your well ever run dry? Yes No NotApplicabin 83 (f) Is there a well on the property notusecl as the primary source of drinking water? - Yes _ No 84 If yes, is the well capi capped? Yes No 85 (g) Is the water system shared? Yes- No 86 (h) Are you aware of any leaks or other problems, pastor present, relating to the v atersupply; pumping system, and related items? 87 _ Yes _ No 88 Explain any "yes" answers In this section,; including the location and extenufffatty problem(s) ancharry. repairor remediation efforts, 89 90 91 9. SEWAGE S STEM 92 (a) What is the type of sewage systerrm7 _ Public Sewer _ Individual On-lot.Sewage Disposal:Systern 93 _ Individual On-lot Sewage Disposal System in Proximity to Well _ Community . Sewage Disposal System 94 - Ten-acre Permit Exemption _ Holding Tank None None Avallabla/Permit l; mitations in. Effect 45 _ Othertype ofsewage system (explain): - - 96 (b)IflndividuaiOn-lot sewage system, what. type; Cesspool Rrainfield Unknown 97 _ Other (specify): - - 98 (c) Are there any septic tan on The property? _ Yes No -Unknown 99 if "yes," what type of tank(s)? - Metal/Steel _ Cement/Concrete Fiberglass Unknown 100 Other (specify): - 101 (d) When was the on-site sewage disposal system last:serviced? 102 (e) Are there any sewage pumps located on the property? _ Yes No 103 if yes, type(s) of.pump($) - Are pump(s) in working order? Yes No 104 Who is responsible for maintenance, f sewage pumps? - - 105 M Is the sewage systemshared? _ Yes _ No 106 (g) Areyou aware of any past or present leaks, backups, or ottwproblerns relating to the sewage systen and related items? 107 Explain any "yes" answers in this section, including the iocationand exten'trofanyproblern(s) and any repair or remediation efforts: 108 109 10. PLUMBING SYSTEM 110 (a) Type of plumbing (check all that apply);_ Copper Galvanized Lead PVC Polybutylene pipe (P8) Mixed ill Unknown Other (explain)- 12 (b) Are you aware oo- any problems with anyo your p um ing fixtu res e:g., rnG u - ing. ut not III mr :t to: itc en, un ry, or t room 13 fixtures; wet bars; etc.)? Yes _ No 14 If "yes," explain. 15 11. DOMESTIC WATER HEATING 16 (a) Type of water heating: __ Electric - Natural Gas Fuel Oil Propane Solar Summer/Winter Hook-Up 17 Other (explain): - - - - is (b) Are you aware of any problems with any water heater or related- equipment? Yes No 19 If "yes," explain: - - MO-1 121 12. AIR CONDITIONING SYSTEM 122 , (a) Type of air conditioning: - Central Air - Wall Units - Window Units - None 123 Other (explain): 124 Number of window units included in sale Location(s) 125 (b) Age of Central Air Conditioning System: _ Unknown Date last serviced, if known 126 (c) List any areas of the house that are not air conditioned: 127 (d) Are you aware of any problems with any Item in this section? Yes No 128 If "yes," explain: -Yes -No 129 13. HEATING SYSTEM 130 (a) Type(s) of heating fuel(s) (check all that apply): - Electric , Natural Gas - Fuel Oil - Propane 131 Coal _ Wood Other 132 (b)'ype(s) of heating system(s) (check all that apply): _ Forced. Hot Air _ Hot Water - Heat Pump 133 _ Electric Baseboard _ Steam _ Wood Stove (How Many? Coal Stove (How Many? 134 Other: 135 (c) Age of heating system. Unknown Date last serviced, if known 136 (d) Are there any fireplaces? Yes No If "yes,"how many? Are they working? Yes - No 137 (e) Are there any chimneys (from a fireplace, water heater or any other eating system)? _ Yes _ No 138 If "yes," how many? When were they last cleaned? _ Unknown 139 Are they working? Yes No if "no," explain: 140 (f) List any areas of the hawse that are not heated: 141 (g) Are you aware of.any heating fuel tanks on the prop_-VE-_ No 142 Location(s), including underground tank(s); 143 If you do not own the tanks, explain: 144 Are you.aware of any problems or repairs needed regarding any items,in this section? _ Yes _ No 145 if "yes," explain: 146 147 14. ELECTRICAL SYSTEM 148 (a) Type of Electrical System: _ Fuses _ Circuit Breakers How Many Amps? _ Unknown 149 (b) Are you aware of any knob and tube wiring in your home? - Yes _ No 150 Are you aware of any problems or repairs needed regarding anyItems -in this section? -Yes - No 151 If "yes," explain: 152 15, OTHER EQUIPMENT AND,APPLIANCES 153 This section must be completed for each item thatwili, or may, besold th.the property. The factthat an heir isiisted does 154 notmeanit is included inthe Agreement Hof Sale. Terms of the,Agreement of Salle negotiated between Buyer and Seller will 155 determine which-items, ifany;.ave Included 4n the-purc lase-of the Property. 156 (a) _ Electric Garage Door Opener Number of Transmitters _ Keyless Entry 157 (b) _ Smoke Detectors How Many? Location(s) 158 (c) Security Alarm System W any? _ Leased Lease information 159 (d) - Lawn Sprinkler(s) How Many? _ Automatic rimer 160 (e) _ Swimming Pool - Hot Tub/Spa Pool/Spa Heater Pool/Spa Cover _ Whir(pool/Tub 161 _ Pool/Spa Equipment and Aceesories (fist): T 162 (f) - Refrigerator(s) Range/Oven MicrowaveOven _ Dishwasher _ Trash Compactor _ Garbage Disposal 163 _ Chest Freezer - Washer _ Dryer _ Intercom 164 (9) - Ceiling Fan(s) How many? Location(s) 165 (h) T Awnings - Attic Fan(s) Sateirite Dish Storage Shed :Deck(s) Electric Animal fence 166 (i) _ Other - - 167 Are you aware of any problems or repairs-needed regarding•any items in this section? Yes No 168 if "yes," explain: - 169 16. LAND' (SOILS, DRAINAGE, FLOODING AND BOUNDARIES) 170 (a) Land/Solis 171 1) Are you aware of any fill or expansive soil on the property? _ Yes _ No 172 2) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have occurred on or 173 affect the property? _ Yes _ No 174 3:) Are you aware of any existing, past or proposed mining, strip-raining, or any other excavations that might affect this property? 175 -Yes _ No 176 Note to Buyer: The property may be subject to mine subsidence damage. Maps:& thecounties and urines wheremine subsidence 177 damage mayoccurandmine subsidence insurance are available through: Department of Environmental Protection, Mine Subsidence 178 Insurance Fund., 25 Technology Drive, California Technology Park, Coal Center; PA 15423 (800) 922-1678 (within Pennsylvania) or 179 (724) 769-1100 (outside Pennsylvania). r ? o';* preferentialiyassessee for tax purposes, or sutjec to "M:1 d ' va'0o' r --S? 182 _ yes _ No I "'yes,' check all that apply below: 1'83 - Farmland and Forest Land Assessment Act - 721- S. §5490.1 et seq. (Clean and Green Program) 184 _ Open Space Act- 16 P.S. §11941 et seq. 185 _ Agricultural Area Security Law - 3 P.S. §901 et seci. (Development Rights) 186 _ Other: 187 Note to buyer: Pennsylvania has enacted ,the Rightto Farm Act (3 P.S. §§951-957) in an effort to limit the circumstances under which 188 agricultural operations may be subject to nuisance-suits or ordinances. Buyers.are encouraged to investigate whether any agricultural 189 operations covered by the Act operate in the vidnityofthe property. 190 :Explain any "yes" answers in this section: 191 192 (b) FloodingiDrainage 193 1) Is any part of this property located in a wetland area or a FEMA flood zone? _ Yes _ No _ Unknown 194 2) Do you know of any present dra'rnage.orflooding problems affecting the property? _ Yes No 195 Explain any"yes" answers in this section, including dates anci extent of flooding: 196 197 (c) Boundaries 198 1) Do you know of any encroachments, boundary line :disputes, or easements affecting the property? _ Yes _ No 199 Note to Buyer: Most properties have easements for utility services and other reasons, These easements generally do not restrict the ordinary use of the 200 property and Sellermaynotbeawareofthem..Before. entering mtoonagreement ofsale,Buyers . can investigatetheexistence.ofeasements andsimilar 201 restrictions: by ordering anAbstract: of ride orseardiing the official records lathe county Office of the Recorder of Deeds. 202 2) Do you access the property from a private road or lane? _ Yes _ No 203 If yes, do you have a recorded right of way or maintenanceargreement? _ Yes _ No 204 3) Are you aware of any shared or common areas (e.g„ driveways, bridges; docks, waits, etc.) or maintenance agreements? 205 _ Yes _ No 206 Explain any "yes" answers in this section: 207 17. HAZARDOUS SUBSTANCESAND ENVIRONMENTAL ISSUES (a) Are you aware of any underground tanks father than home heating fuel or septic tanks: discosed above)? _ Yes _ No (b) Are. you aware of any past or present hazardous substances present on the property (structure<or soll) such as, but.not limited to asbestos, or polychlorinated biphenyls (PCBs), etc.? _ Yes _ No (c) Are you aware of sewage sludge (other than commercially available fertilizer products) being spread an the property, or have you received written notice of sewage sludge being spread on an adjacent property? _ Yes No (d) Are you aware of any tests for mold, fungi, or indoor air quality in the proper Yes _ No (e) Other than general household cleaning, have youever taken efforts to control or remediate- mold or mold-like substances in the property? _ Yes No Note to.Buyer: Individuals: maybe affected dr!ferently, ornot at all, by mold contamination, if mold contamination or indoor air qualifyis a concern, buyers are encouraged to engage the services ofa qualified professional to: do testing. Information on this issue is available from the United States Environmental Protection Agencyandmaybe: obtained: by contactinglAQ.fNF0 P.O..Bow37133, Washir)gton,D_C,20013 7133, 1-800-438-4318. (f) Are you aware of any dumping an the property? _ Yes _ No (g) Have you received written notice regarding the:presence of an environmental hazard or biohazard on your property or any adjacent property? _ Yes -No (h) Are you aware of any tests for radon gas that have been. performed in any buildings on the property? Yes No if "yes," fist date, type, and results-of of tests below _ DATE TYPE OF TEST RESULTS(picocuries/liter or working levels) NAME OF TESTING SERVICE 227 228 (i) Are you aware of any radon removal system on the property? Yes No 229 if "yes," list date:instatled and type of sytem, and whether it is in working order below: 230 DATE INSTALLED TYPE OF SYSTEM PROVIDER WORKING ORDER? 231 Yes _ No 232 _ Yes _ No 233 (j) if property was constructed, or if construction began, before 1978, you-mustdisclose anyknowiedgeof lead-based paint on the 234 property. Are you aware of any Iead-based paint or lead-based paint hazards on the property? _ Yes _ No 235 If "yes," explain how you know of it, where it is, and the condition of those lead-based paintsurfaces 236 237 (k) If property was constructed, or if construction began,:before 1978, you must disclose any reports or records of lead-based paint 238 or lead-based paint hazards on the property. Are you aware of any reports or records regarding.lead-based paint or lead-based 23.9 paint hazards on the property? Yes No 240 if "yes," list all available reports and-records 241 v 244 (p Are you aware of testing on the property for any hazardous substances or environmental concerns? _ Yes _ R'c 245 (m) Are you aware of any other hazardous substances or environmental concerns that might impact upon the property 246 _ Yes _ No 247 Explain any "yes" answers in this section: 248 249 250 251 18. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable) 252 Type: _ Condominium _ Cooperative - Homeowner Association or Planned Community 253 Other: 254 Notice regarding Condominiums, Cooperatives, and Planned Communides:A buyerof a resale unit in a condominium, cooperative, or planned 255 communitymustreceive acopy, of the declaration (other than theplats andplans), the by4aws, the rules orregulations, anda certifiCate-ofre5ale issued 256 by the association in the condominium, cooperative; orplanned community..8uyers may be responsible for capital contributions initiation fees or 257 similar one-time fees in addition to regularmorrthlymaintenancefees. The buyerwill have the option ofcanceling the agreement with theretum of all 258 deposit monies until the rert1ficate has been provided to the buyer and farfive days thereafter or until conveyance, whichever comes first. 259 19. MISCELLANEOUS 260 (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the property? 261 _ Yes _ No 262 (b) Are you aware of any existing or threatened legalartion affecting the-property? _ Yes _ No 263 (c) Are you aware of any violations of federal, state, or local laws or regulations relating-to this property? _ Yes ` No 264 (d) Are you aware of any public improvement condominium or homeowner association assessments against the property that remain unpaid 265 or of any violations of zoning, housing, building, safety orfire ordinances that remain uncorrected? _ Yes _ No 266 (e) Are you aware of any judgment, encumbrance, lien (for exampleco-maker or equity loan), overdue payment on a support obligation, or 267 other debt againstthis.property that cannot besatisfied by the proceeds of this sale? - Yes .- No 268 (f) Are you aware of any reason, including a- defect in title, that would prevent you from giving a warranty deed or conveying title to the 269 property? _ Yes _ No 270 (g) Are you aware of any insurance claims filed relating to the property? Yes _ No 271 (h) Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? 272 _ Yes _ No 273 A material defect is a problem with a residential real property orany portion of it that-would have a significant adverse impact on the 274 value of the property or that involves an.unreasonablerisk to people :anthe property. The fact that a structural element, system or 275 subsystem is at or beyond the end of the normal useful Life of such:a structural element, system or subsystem is not by itself a material 276 defect. 277 Explain any "yes" answers in this section: 278 279 The undersigned Seiler represents thatthe information set forth in this disclosurestatementis accurate and complete to the-bestof 280 Seller`s knowledge. Seller herebyauthorizes:the Lis#frtg.:Broker to.providetMs.infon-elation to prospective buyers of the property and to 281 other real estateiicensees. SELLER-ALONE RESP!ONSIBLEfOR THE ACCURACY OFTHEiNFORMATIONCONTAINED'IN 282 THIS STATEMENT. Sellershall cause Suyerto benotified<Inwriting4f. any information supplied on this fonn which is rendered 283 inaccurate by a-change in the condition ofthe,propertirfollowing completion of this form. 286 Witness Seller Date 0 VA4Y-?? 287 Witness' Seller Date 288 Witness ' Seller Date 289 EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK 290 According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required to 291 fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known material 292 defect(s) of the property. 293 Date 294 RECEIPT AND.ACKNO)WtEi3GEMENT BY BUYER 295 The undersigned Buyer acknowledges reteipt:of this ilisdosure Statement.Buyer acknowledges thatthis Statementis not a 296 warranty and that, unless stated. otherwi$ a inthesales contract, Buyeris purchasing this property to its present condition. it is 297 Buyer's responsibilityto satisfy himself or herself as to-the condition of the property..Buyermay requesttitat the property be 298 inspected, at Buyer's expense and by qualified professionals, to-determinethe condition_ofthe structure or Its components. 29,9 Witness :Buyer Date 300 Witness Buyer Date 301 Witness Buyer Date INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW Generally speaking, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential real estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by the law. A residential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOTMORE THAN FOUR: RESIDENTIAL DWELLING UNITS are involved. The Law definesa number of exceptions where the disclosures do not have to be made: 1. Transfers that are the result of a court order. 2. Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosure sales that result from default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a spouse or direct descendant. 5. Transfers between spouses that result from.divorce, legal separation, or property settlement 6. Transfers by a corporation, partnership or other association to its shareholders, partners or-other equity owners as part of a plan of liquidation. 7. Transfer of a property to be demolished or converted to non=residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the administration of a.decedent estate, guardianship, conservatorship or trust. 10. Transfers of new construction that has neverbeen occupied when: a. The:buyerhas received a one-yearwarranty covering theconstruction; b. The building has been inspected for compliance with the applicable building code or; if none, a nationally recognized model building code;and c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the sellers particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws-that govem the resale of condominium and cooperative iinterests. st PAINT HAZARDS DISCLOSURE FORM '_PD F? s of T ec o nr+i?id e: Er d +oc r _ r,-d fo be - nc t restricted to use by, members of the ?ennsylvania Association of REALTORS' (PAR). THIS FORA1 IAIJ-131= COMPLETED FOR ANY PROPERTY BUILT PRIOR TO 1978 PROPI:131"( 22166 MERRIWkC AVENUE_ MECHANICSBURG PA 17055 SELLER STEVI_N M. LA _iDENSLAGEF, MARY B. LAUDENSLAGER LEAD IVARN11,16> FATEIVIENT Every pur_haser of ary interest in residential real <property on which a residential dwelling was builtpriorto 1978 is notified that suct :ropertrmay present exposure to lead from:lead-based paint that may place young childrenat risk of developing lead poisoning, Lead _-loisaning in young children may produce permanent neurological damage, including teaming disabilities, reduced inteiligem_e cuo•:ieni, behavioral problems, and impaired memory. Lead poisoning also poses a:particular risk`to pregnant women. The i _ilex of any interest in residential real property is required to provide the Buyer with any information on lead-based.paint ha2ar,=5 from risk. assessments or inspections in the Sellers possession and: notify the Buyer of any known lead-based.paint hazards. 1 A risk asse ssment or inspection for possible lead-based paint hazards is recommended prior to purchase. SELL=ER':? DISCLOSURE 6PW/ Scalier has noknovviedge of the presence of lean-based mpaintand/or hazards in or about the property. i Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the property. (Provide :he basis. for.determining that Lead-based paint and/or hazards exist, the location(s),the condition of the painted surfaces;and gather available information concerning Sellers knowledge of the presence of lead-based paint and/or lead-based paint hazards. R"> RECORDS/REPORTS Seller has no records or reports pertaining to lead-based paint and/or lead based paint hazards in or about the Property. /I J_ Seller has provided Buyer with all available records and reports regarding lead-based paint and/or iead-based paint hazards in or about the Property. (List documents): Seller certifie:sthat to'the best of Seller`s. knowledgethe abovestaltements erg true and accurate. WITNESS SELLER i,??! 1(Lr"' DATE - WITNESS SELLER ` DATE WITNESS SELL=ER DATE AGENT ACKNOWLEDGEMENT AND CERTIFICATION Agent/Licensee represents that Agent has informed Seller of5eller's obligations under the Residential Lead-Based-Paint Hazard Reduction Act, 42 U.S.C.94852(d), and is aware of Agent's responsibility to ensure compliance. The followi ng have reviewed the infwmationabove and certify that the Agent statements are true to the best of their knowledge and behalf. Seller Agent and Buyer Agent mustbothsign this form. BROKER FOR SE=L=LER (Companyfd,ame) LICENSEE DATE BROKER FOR BUYER (Company Name) LICENSEE DATE BUYER DATE OF AAGREEMENT BUYER'S A=CKNOWLEDGMENT Buyer has received the pamphlet Protect Your Family from Lead in your Home and has read the Lead Warning Statement. Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead based paint hazards and has received the records and reports regarding lead-based paint <and/or lead-based paint hazards identified above. Buyer certifies that to the best of Buyer's knowledge the:above statements are true and accurate. WITNESS _ BUYER DATE WITNESS _ BUYER DATE WITNESS BUYER DATE s /,9 I Pennsylvania Association of 13EALTORS° NEW EED REQUESTADDENDIUM TO LISTING CONTRACT 4075 Market Street, Camp Hill, PA 17011 • Phone- 717.614.4098 • Fax - 717.7234585 BROKER- Coldwell Banker Homestead. Group. Select Professionals LICENSEE(S): JASON L.:MANGES SELLER(S): STET/EN M. & MARY B-.LAUDENSLAGER PROPERTY: 21`66 MERRIMAC AVENUE. MECHANICSBURG.'FA 1709S The Seller(s) hereby authorize the Broker to provide the following service: Prepare a new deed $1.25.00 F? (or) a new deed will be prepared by Total Due at Settlement: Witness Seller L/Y Witness Seller Please fax this form to 717-723-4585 or e-mail It to iaeorae(&auardianciosinas.com LISTING AGREEMENT SUPPLEMENT HOMESTEAD GROUP 5ELECE PROMSIONA[5 Seller 1 STEVEN M. LAUDENSLAGER Seller 2 MARY B. LAUDENSLAGER "Property to Sell Street Address 21515 MERRIMAC AVENUE City MECHANI.CSBURG State PA Owner's Permanent Address (if different from above) City State 1. Dates: Listing Start Date Expiration Date 2. Showing Information: Property is occupied by 0 Owner F? Tenant Zip 17055 Zip Lockbox Type: FlElectronic FICombinatio:n # Lockbox Location: n Front Door [] Side Door n Water Spigot n Other The instructions for our showing center will be: n Vacant. Home is vacant and may be-shown with no prior notice to Seller. E] Occupied/No Confirm: Home is occupied and a message will be left at any phone numbers supplied to inform Sellers of the date and time ofthe showing. [x Occupied/Confirm: Home is occupied. Sellers must confirm each showing prior to Showing Center authorization. Pets: Dogs ;0 Cats ? Other instructions for pets: 7 Phone numbers to call: f=irst Description Second Description 3. Seller hereby authorizes agent to execulte/sign any Multi-List .forms on Seller's behalf including, but not limited to, Status changes (Available, Pending, Closed) and of sale. information (agent's involved, terms, etc.). 4. Home Warranty Caldwell Banker Select Professionals recommends a ROME WARRANTY for all purchases of existing homes. Warranties typically cover. heating systems, electrical systems, hot water heaters;:and plumbing, problems that occur during the first 6-12 months of home ownership. Approximate cost: 5400-$7130 paid at settlement. Typical service charges: $0-$50. Yes. I wish to. purchase ahome warranty. Cost S Provider: No. i decline to purchases home warranty. 5. Do you plan on making any repairs or upgrades to this property prior to selling? ? Yes F? No If yes, explain 6. Disclosure: Any market analysts prepared :by an agent has not been performed in accordance with uniform. standards of professional appraisal practice, which requires valuers to act as unbiased, disinterested third parties with impartiality, objectivity in independence .and wrfthout a combination of personal interest. It is not to be construed as an appraisal and may not be used as such for any purpose. 7. Commission on Closing Costs Paid for Buyer Sellers and Coldweil Banker Homestead-Group Select Professionals hereby agree that the commission due at the sale of the property will be based upon the following: 1. % of the contract sale price 2. % of the net sale price (sale price less closing cost help paid to Buyer) A" - eI er k 's Signature Date Seller42's Signature Date ,I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B, LAUDENSLAGER, Plaintiff V. STEVEN M. LAUDENSLAGER, Defendant 0q--A1V(05 NO. G9--2e55'CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INVENTORY OF MARY B. LAUDENSLAGER Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. lei W1AS IN.1d ?s s- ant ?IUL B MARY . LA ENSLAGER, LAINTIFF Dated: 7 DIAFM1pCLIFF, ESQUIRE 344 Trindti5} oad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID #32J 12 Dated ??'C, !(vE a r CI ASSETS AND LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. Real Property and Real Estate Mortgages (X) 2. Motor Vehicles and Vehicle Liens () 3. Stocks, Bonds, Securities and Options () 4. Certificates of Deposit (X) 5. Checking Accounts, Cash (X) 6. Savings Accounts, Money Market and Savings Certificates () 7. Contents of Safe Deposit Boxes () 8. Trusts (X) 9. Life Insurance Policies () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, Copyrights, Inventions, Royalties () 14. Personal Property Outside the Home () 15. Business () 16. Employment Termination Benefits-Severance Pay, Worker's Compensation () 17. Profit Sharing Plans (X) 18. Pension Plans (indicate employee contribution and date plan vests) (X) 19. Retirement Plans, Individual Retirement Accounts () 20. Disability Payments () 21. Litigation Claims (matured and unmatured) () 22. Military/V.A. Benefits () 23. Education Benefits () 24. Debts Due, including loans, mortgages held (X) 25. Household Furnishings and Personalty () 26. Other Assets () 27. Loans, Credit Cards and Other Debts -2- INFORMATIONAL NOTES AND CODES 1. "),-"denotes information of importance 2. 4" denotes documents/information to be supplied by the designated party. 3. "X" denotes an item about which a decision is required. 4. "NM" denotes non-marital property, not subject to equitable distribution. 5. "HMN" denotes Husband's non-marital property. 6. "WNM" denotes Wife's non-marital property. 7. "A" denotes appraisal. 8. V" denotes that the entry (value) is verified by a document. 9. The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 10. Any adjustment figures used in the various tables herein are for illustration purposes only and are not to be deemed a representation on the part of the Plaintiff as to whether an adjustment should be made or the amount of the adjustment, if any is appropriate. -3- SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: DESCRIPTION Name Maiden Name Address Year of Birth Age Health Status Educational Background Names and Relationship of Persons Living with Party Date Moved to Current Residence Date PA Residency Began Current Military Service Number of Marriage Employer Occupation (Job Position) Date Employment Commenced Est. Income TABLE #1-A PARTIES HUSBAND Steven m. Laudenslager 2166 Merrimac Ave Mechanicsburg, PA 17055 1970 40 Good Masters - Ed, Shippensburg, 2003 BS Ed Bloomsburg, 1994 2 children on alternating weeks 2006 Since Birth N/A 1 Mechanicsburg School District Teacher 1994 62,000 WIFE Mary B. Laudenslager Mary B. Walsh 205 W. Coover St. Mechanicsburg, PA 17055 1973 38 Good BS Bloomsburg, 1995 2 children on alternating weeks 2011 1976 N/A 1 Commonwealth of PA Data Base Technician 3/2003 61,000 -4- TABLE #1-B MARRIAGE INFORMATION DESCRIPTION INFORMATION Date of Marriage 11/04/1995 Place of Marriage Harrison City, PA Date of Separation 1/28/2009 Grounds for Divorce no fault Prior Divorce Actions Between Parties None TABLE #1-C CHILDREN OF THIS MARRIAGE NAME AGE YEAR OF SCHOOL BIRTH GRADE Adam J. Laudenslager 12 1999 6tn Anita C. Laudenslager 9 2002 3rd -5- CUSTODIAN OR EMANCIPATION Joint Joint TABLE #1-G PROCEEDINGS INFORMATION: Complaint Filing Date Date of Service COMPLAINT 4/28/09 1 Manner of Service 4/30/09 Defendant's Acceptance of Service Type of Divorce Requested 3301(c) or 3301(d) Economic Claims Raised ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading Petition Raising Economic Claims Pleading Filing Date 7/20/11 Type of Divorce Requested N/A Economic Claims Raised Equitable Distribution; Counsel Fees and Costs INCOME AND EXPENSE STATEMENTS Plaintiff's I&E Statement Filing Date Concurrent with this filing Defendant's I&E Statement Filing Date INVENTORIES Plaintiff's Inventory Filing Date This Filing Defendant's Inventory Filing Date 3301 C DOCUMENTS Plaintiff's 3301(c) Affidavit Date Plaintiff's 3301(c) Affidavit Filing Date Defendant's 3301(c) Affidavit Date Defendant's 3301(c) Affidavit Filing Date Plaintiff's 3301(c) Waiver of Notice Date Plaintiff's 3301(c) Waiver Filing Date Defendant's 3301(c) Waiver of Notice Date Defendant's 3301(c) Waiver Filing Date -6- I PROCEEDINGS INFORMATION: 3301 D DOCUMENTS Date of Physical Separation Physical 2 Year Separation Date Plaintiff's 3301(d) Affidavit Date Plaintiff's 3301(d) Affidavit Date Filing Date 3301 (D) Affidavit Service Date Manner of Service of 3301(d) Affidavit Date of Plaintiffs Notice of Intent to Request Entry of Divorce Decree and Praecipe to Transmit Record Plaintiff's Notice to Request Entry of Divorce Decree and Praecipe to Transmit Record Service Date Manner of Service of Plaintiff's Notice to Request Entry of Divorce Decree and 3301(d) Counter-Affidavit BIFURCATION 1/28/09 1/29/11 1/28/11 2/3/11; 7/20/11 7/25/11 Certified Mail Return Receipt Requested Has the case been bifurcated? Date of decree granting bifurcation If bifurcation granted by consent or after hearing No N/A N/A -7- SECTION ll. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: MARY B. LAUDENSLAGER V. STEVEN M. LAUDENSLAGER DOM11/4/1995 9 DOS: 1/28/2009 Date Prepared: July 7, 2011 A B C D E F G H Ln No Binder Description Date Net Value Calc Distribution Husband Wife 4 NON-RETIREMENT ASSETS Y Y` 5 REAL ESTATE AND REAL ESTATE MORTGAGES_ 6 RE-1 2166 Merrimac Ave 270,000.00 7 RE-1 Northwest SB (203,500.00) 8 RE-1 Cost of Sale 18 900.00 9 RE-1 Subtotal RE-1 47,600.00 Divide Divide Divide 10 Proceeds Proceeds Proceeds MOTOR VEHICLES AND VEHICLE LIENS' 11 V-1 Jt. 2004 Honda Civic EX (W) 5.18.11 9,030.00 9,030.00 9,030.00 12 V-2 Jt. 2009 Honda Pilot (H) 5.18.11 24,835.00 13 V-2 American Honda Finance 3.7.11 14 800.00 14 V-2 Subtotal V-2 10,035.00 10,035.00 10,035.00 15 STOCKS, BONDS CDS'AND OTHER INVESTMENTS 16 INV-1 Funds for Anita 3.25.11 30,700.00 CNM CNM CNM 17 INV-2 Investment Funds for Adam 3.25.11 31,300.00 CNM CNM CNM 18 CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS 19 A-1 Wachovia N/A N/A N/A N/A 20 LIFE INSURANCE POLICIES 21 INS-1 H's Baltimore Life #6708 CV 6.16.07 1,176.03 22 INS-1 Dividends 6.16.07 375 77 23 INS-1 H's Baltimore Life #6708 TV . 6.16.07 1,551.80 1,551.80 1,551.80 24 INS-2 W's Baltimore Life #7307 1.8.09 906.00 906 00 . 906.00 25 INS-3 H's Mass Mutual #2 444 Term Term Term 26 INS-4 W's Mass Mutual # 2 453 -- Term Term Term -8- A Ln No 27 28 29 30 31 32 33 33 34 35 36 37 38 39 40 MARY B. LAUDENSLAGER V. STEVEN M. LAUDENSLAGER DOM:11/4/1995 9 DOS: 1128/2009 Date Prepared: July 7, 2011 B C D E F G Binder Description Date Net Value Calc Distribution Husband Value HOUSEHOLD' GOODS, FURNISHINGS, TOOLS, PERSONAL EFFEC TS ETC HHG-1 H's Household Goods Est 10,000.00 10,000.00 . 10,000.00 NON-RETIREMENT ASSET TOTALS TOTAL - NON-RETIREMENT ASSETS Sum 5 to 28 31,522.80 21,586.80 RETIREMENT PLANS RET-1 H'S MFS 403B 6.30.08 2,134.37 2,134.37 2 134 37 RET-2 W's American Funds IRA # 8559 5.23.11 15,134.19 15,134.19 , . RET-3 H'S Amer Funds IRA #7421 DOS TBD RET-3 Less H's Amer Funds IRA # 7421 TBD DOA or DOM - RET-3 H's Amer Funds IRA #7421 MI TBD TBD TBD RET-4 H's PSERS plan 6.30.08 131,705.84 Deferred Deferred RET-5 Distribution W's SERS plan 12.31.08 69,023.25 Deferred Distribution Distribution Offset RETIREMENT PLAN TOTALS TOTALS - RETIREMENT PLANS Sum 34.38 17,268.56 2,134.37 H Wife 9,936.00 15,134.19 Deferred Distribution Offset 15,134.19 Note: the parties are believed to have waived all claims to each other's retirement plans. -9- SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The following Tables #3-A and # ?-B set forth the household goods and contents and other personal property of the parties: TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NON- MARITAL distribute by value, not in kind I H & W I Husband -- I Comments: TABLE #3•B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION IF DATE'' NOW MARITAL distribute by value, not in kind I H & W Wife -- I Comments: Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. -10- SECTION V. PROPERTY TRANSFERRED The following Table #5 is Plaintiffs listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: TABLE #5 PROPERTY TRANSFERRED NO. I DESCRIPTION OF PROPERTY TRANSFER I CONSIDERATION DATE TRANSFEROR TRANSFEREE None Known -11- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on '3 I served a copy of the within Inventory, by mailing same by first class mail, postage prepaid, addressed as follows: Steven M. Laudenslager 2166 Merrimac Avenue Mechanicsburg, PA 17055 P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 D j ESQUIRE 3 8 TrindIe oad Ca YA1 70 11 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff -12- ,f pu fir Zji 1 AUG -5 Alj 1,: t{ CUMBERLAND ;iii§.? _ ;, PENNSYLVANIA Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 * Email: dianeradcliffecomcast net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAI - 1&(106' MARY B. LAUDENSLAGER, NO.4°? '?_CIVIL TERM Plaintiff V. : CIVIL ACTION - LAW STEVEN M. LAUDENSLAGER, IN DIVORCE Defendant INCOME AND EXPENSE STATEMENT OF MARY B. LAUDENSLAGER I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE:__ _ 1ZWIt MARY B. AUD SLAGER - 1 - PART I. INCOME EMPLOYMENT INFORMATION: Employer: Administrative Office of Pennsylvania Courts Pay Period: Biweekly Employer 601 Commonwealth Avenue, Suite 1500 Address: P.O. Box 61260, Harrisburg, PA 17106-1260 Type of Work Web Portal Content Manager Payroll Number: 0324 DESCRIPTION INCOME: Gross Income EMPLOYMENT INCOME BIWEEKLY $2,357.86 MONTHLY $5,108.70 YEARLY $61 304.36 Subtotal Income $2,357.86 $5,108.70 , $61,304.36 MANDATORY DEDUCTIONS FICA ($99.03) ($214.57) ($2,574.78) Medicare ($34.19) ($74.08) ($888.94) Federal Tax ($231.93) ($502.52) ($6,030.18) State Tax ($72.39) ($156.85) ($1,882.14) Local Tax ($40.08) ($86.84) ($1,042.08) PaSUI (Unemployment) ($1.89) ($4.10) ($49.14) Mandatory Retirement ($147.37) ($319.30) ($3,831.62) PaE. ($2.00) ($4633) ($52.00) Subtotal Mandatory Deductions ($628.88) ($1,362.57) ($16,350.88) SUMMARY Income $2,357.86 EE $5,108.70 $61,304.36 Mandatory Deductions 4 ($628.88) ($1,362.57) ($16,350.88) NET INCOME $1,728.98 $3,746.13 $44,953.48 -2- - 3 - PART II EXPENSES DESCRIPTION ESTIMATED AMOUNT/M0. COMMENTS HOME EXPENSES: Rent First Mortgage $1,111.00 Home Equity Loan/Line of Credit Maintenance and Repairs $60.00 Electric $100.00 Gas $100.00 Oil Home Telephone Cell Phone $100.00 Water $25.00 Sewer $30.00 Trash $8.00 EMPLOYMENT AND NON-MANDATORY EMPLOYMENT DEDUCTIONS Public Transportation Lunches TAXES: Real Estate Taxes Municipal (Spring) $205.00 No Mortgage Escrow Real Estate Taxes School (Fall) $130.00 No Mortgage Escrow Per Capita Tax Occupation Tax Other Taxes (specify) INSURANCE: Homeowners Insurance $40.00 No Mortgage Escrow Automobile Insurance $50.00 Life Insurance $50.00 Medical Insurance Private Non-Employment Dental Insurance Private Non-Employment Vision Insurance Private Non-Employment -4- DESCRIPTION ESTIMATED AMOUNT/M0. AUTOMOBILE EXPENSES: Payments Fuel $110.00 Maintenance and Repair $85.00 License and Registration $3.16 MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE: Doctor $10.00 Optical/Vision $20.00 Dental Orthodontic Medicine/ Prescriptions $12.00 Hospital Special Needs/Therapy Etc. $20.00 EDUCATIONAL EXPENSES: Private or Parochial School College Et Vocational Religious Training or Education $3.33 Books, Fees It Supplies $60.00 Other Educational Expenses $60.00 PERSONAL EXPENSES: Clothing $250.00 Food $375.00 Barber It Hair Dresser $30.00 Memberships $10.00 CREDIT CARDS AND LOANS: Discover Card $0.00 Bank of America $0.00 Kohls $0.00 Old Navy $0.00 COMMENTS` T. B. D for Anita As needed -mostly covered by insurance Anita Kids' lunches Gym Do not carry a balance Do not carry a balance Do not carry a balance Do not carry a balance - 5 - DESCRIPTION ESTIMATED AMOUNT,"'- COMMENTS MISCELLANEOUS EXPENSES: Household Help Child Care $80.00 Do not get tax credit Newspapers, Magazines Et Books $10.00 Entertainment $100.00 Pay TV $85.00 Vacations $250.00 Gifts $50.00 Legal Fees $500.00 Charitable Contributions $10.00 Other Child Support Not this case Other Spousal Support or Alimony Not this case TOTAL EXPENSES $4,142.49 - 6 - PART IV. INSURANCE *H=Husband; W=Wife; J=Joint; C=Child -7- PART III. PROPERTY OWNED Note: Mary's policy, Steve is still on it until divorce is final. He can get it through work but will have to pay for it. It is free for Mary for entire family. PART V. SUPPLEMENTAL INCOME STATEMENT [ I ] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached (c) Name of Business: Business Address: Business Telephone: (d) Nature of [] 1. [] 2. [] 3. [) 4. [] 5. [ ] b. Business (check one) Sole Proprietorship Partnership Joint Venture Professional Corporation Other (e) Name of accountant, controller or other person in charge of financial records: (f) Business Income: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period: 4. Net income per pay period: 5. Specify deductions, if any: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff NO. 09-2665 CIVIL TERM M. cn? t V. CIVIL ACTION - LAW STEVEN M. LAUDENSLAGER, IN DIVORCE Defendant > r ,: MOTION FOR APPOINTMENT OF MASTER v " MARY B. LAUDENSLAGER, Plaintiff„ moves the Court to appoint a Master with respect to the following claims: [ X ] Divorce [ ] Annulment [X] Distribution of Property [ ] Support ] Alimony [ ] Alimony Pendente Lite [X] Counsel Fees [X] Costs and Expenses In support of the Motion the Defendant states l . Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party has appeared in the action personally. C ; r a 3. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault_ r n ? z,. -ra q. The action is contested with respect to the following claims: All claims. r- G-) 7D rri r" jo 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (I) day. >c ;?_:- c-; 7. Additional information, if any, relevant to the Motion: P. Richard Wagner, Esquire has behi: representfig Defendant in this case, but has yet to enter his appearance of record. - Date: July 26, 2011 RADCLIFF, ESQU Attorne r Plaintiff ORDER APPOINTING MASTER AND NOW, CrGt.?? 5 , 2011, E. Robert Elicker, II, Esquire is appointed Master with respect to the follow' g claims: [ x ] Divorce [ ] Annulment [X] Distribution of Property [ ] Support [ ]Alimony [ ]Alimony Pendente Lite [X] Counsel Fees [X] Costs and Expenses BY THE COURT: ? ?9,?'? . to/ S3tben M. LA.udeD_-l Jer gf9 JUDGE ATTORNEY FOR MOVING PARTY Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 Attorney for Plaintiff NON MOVING PARTY Steven M. Laudenslager 2166 Merrimac Avenue Mechanicsburg, PA 17055 1 4 6 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Steven M. Laudenslager 2166 Merrimac Avenue Mechanicsburg, PA 17055 (Defendant Pro Se) P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Non-Record Attorney for Defendant) DCLIFF, ESQUIRE ( gistration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff&a),comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff Dated: MARY B. LAUDENSLAGER, Plaintiff V. STEVEN M. LAUDENSLAGER, Defendant Fri •) - 3 _--. Yarn ....... r;b NO. 09-2665 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT Re: Wife's Petition for Special Relief - Sale of Marital Home AND NOW, this /dam day of A4LIr-t , 2011, upon consideration of the within Petition, IT IS HEREBY ORDERED that: 1. A Rule is entered upon the Defendant to show cause why the relief requested in the within Petitior should not be granted. 2. Respondent shall file and Answer to the Petition within Zo days after service. 3. A Hearing is scheduled on the issues raised in the Petition for the day of 2011 at //.'00 o'clock 4 m. in Courtroom _ of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: DISTRIBUTION TO: JUDGE '`Attorney for Petitioner: Diane G. Radcliff, Esquire, 3448 Trindle Rd., Camp Hill, PA 17011 ill/ Respondent: Steven M. Laudenslager, 2166 Merrimac Avenue, Mechanicsburg, PA 17055. V Attorney for Respondent: P. Richard Wager, Esquire, 2233 North Front Street, Harrisburg, PA 17110 eopje6 ,n&jed ? Iiolljl D.1 1 A O (i ONO 1Ati.,.l .. EDI 11,116 15 PH 2• JS CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff : NO. 09-2665 CIVIL TERM V. STEVEN M. LAUDENSLAGER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on August 9, 2011, 1 served a true and correct copy of Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code and Petition for Economic Claims upon Steven M. Laudenslager, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Steven M. Laudenslager 2166 Merrimac Avenue Mechanicsburg, PA 17055 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. ANE . R DCLIFF, ESQUIRE 3 e Road Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this 114-11 day of , 20/1 . NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public Camp Hill Boro, Cumberland Courdy MY Commission E)#ms SepL 23, 2011 Member, Pennsylvania Association of Notaries ¦ narr1pMla items 1, 2, and & Also complete A Nmr 4 If Reetrfcted DO "Is desired. X ' ¦ PdM your name and address on the reverse AddMW so that we Can return the Card toyou. ¦ Aftd this card to.the back of the mailplece, B. Received by (PdnW Name) C. Date of Delivery or on the front If space permits. 1. Artids Addressed to: D. Is delivery addiees diKerent B YES, enter dellwy " l 54ve?i P4• ?C?ertsLa ee y J 21(A ly MP-rrirvtaG Ca ve. Mecka n IGS 6 ur9 PA 3. Service Type 1-70% Men 0 MffiA' 0 Reytstered i Return for Merchandlee 0 Insured man 0 C.O.D. 4. ResMctad Delivery? (Extra r") p Yes 2. ArtldeNumber 7008 1303 OjwWw Wm endotr ftW 0001 ?606.251? PS Form 3811, Febnwy 2004 Dorrwtlc Rsd nn FNoeipt 1.W,s40 AN EXHIBIT "A" RETURN RECEIPT CARD .r I" f 3i 6..i {;tom i ' 'J i r? .. '. Pleading Prepared and Submitted by: Plaintiffs Rule 1920.33 Pre-Trial Statement Diane G. Radcliff, Esquire Assigned Judge: The Honorable Kevin A. Hess Attorney for Plaintiff Diane G. Radcliff, Esquire, 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: 717-737-0100 * Fax: 717-975-0697 Attorney for Defendant P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Phone: 234-7051 a Fax: 234-7080 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff NO. 09-2665 CIVIL TERM V. STEVEN M. LAUDENSLAGER, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Dated: October 24, 2011 Respectfully, Submitted,, 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Email: dianeradcliffe-comcast.net Attorney for Plaintiff TABLE OF CONTENTS SECTION DESCRIPTION PAGE - Informational Notes 2 1. Background Information 3 II. Listing of Marital Assets and Debts 7 Ill. Listing of Personal Property g IV Pensions 10 V. Incomes and Expenses 11 Vi. Counsel Fees and Costs 12 VII. Expert Witnesses 13 Vlll. Other Witnesses 13 IX. Proposed Resolution 14 X. Listing of Proposed Exhibits 15 XII Proposed Exhibits Supplement INFORMATIONAL NOTES "A" denotes appraisal. 2. "NM" denotes non-marital property, not subject to equitable distribution. 3. "HMN" denotes Husband's non-marital property. 4. "WNM" denotes Wife's non-marital property. 5. The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 6. Any adjustment figures used in the various tables herein are for illustration purposes only. -2- SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: DESCRIPTION Name Maiden Name Address Year of Birth Age Health Status Educational Background Names and Relationship of Persons Living with Party Date Moved to Current Home Date PA Residency Began Current Military Service Number of Marriage Employer Occupation (Job Position) Date Employment Started Est. Income TABLE #1-A PARTIES HUSBAND Steven M. Laudenslager 2166 Merrimac Ave Mechanicsburg, PA 17055 1970 41 Good Masters Ed Shippensburg, '1003 BS Ed Bloomsburg, 1994 Adam and Anita Laudenslager children - 50% 2006 Since Birth N/A WIFE Mary B. Laudenslager Mary B. Walsh 205 W. Coover St. Mechanicsburg, PA 17055 1973 38 Good BS Bloomsburg, 1995 1 Mechanicsburg School District Teacher 1994 62,000 Adam and Anita Laudenslager children - 50% 2011 1976 N/A 1 Commonwealth of PA Data Base Technician 3/2003 61,000 -3- TABLE #1-B MARRIAGE INFORMATION DESCRIPTION Date of Marriage Place of Marriage Date of Separation Grounds for Divorce Prior Divorce Actions Between Parties INFORMATION 11/04/1995 Harrison City, PA 1/28/2009 No Fault None TABLE #1-C CHILDREN OF THIS MARRIAGE NAME AGE YEAR OF SCHOOL CUSTODIAN OR BIRTH GRADE EMANCIPATION Adam J. Laudenslager 12 1999 7th H&W Joint Anita C. Laudenslager 9 2002 4rd H&W Joint TABLE #1-D SUPPORT FOR THIS MARRIAGE DESCRIPTION INFORMATION Name of Party Paying Support N/A Beneficiaries of Support N/A Amount of Support N/A Allocation N/A Date of Agreement or Order N/A Effective Date of Order N/A Docket Number of Support Order N/A -4- TABLE #1-G PROCEEDINGS INFORMATION: COMPLAINT Complaint Filing Date 4/28/09 Date of Service 4/30/09 Manner of Service Defendant's Acceptance of Service Type of Divorce Requested 3301(c) or 3301(d) Economic Claims Raised None ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading Petition Raising Economic Claims Pleading Filing Date 7/20/11 Type of Divorce Requested N/A Economic Claims Raised Equitable Distribution; Counsel Fees and Costs INCOME AND EXPENSE STATEMENTS Plaintiff's I&E Statement Filing Date 08/05/2011 Defendant's I&E Statement Filing Date None Filed INVENTORIES Plaintiffs Inventory Filing Date 08/05/2011 Defendant's Inventory Filing Date None Filed 3301 C DOCUMENTS Plaintiff's 3301(c) Affidavit Date Plaintiffs 3301(c) Affidavit Filing Date Defendant's 3301(c) Affidavit Date Defendant's 3301(c) Affidavit Filing Date Plaintiffs 3301(c) Waiver of Notice Date Plaintiffs 3301(c) Waiver Filing Date Defendant's 3301(c) Waiver of Notice Date Defendant's 3301(c) Waiver Filing Date -5- TABLE #1-G PROCEEDINGS INFORMATION` 3301 D DOCUMENTS Date of Physical Separation Physical 2 Year Separation Date Plaintiff's 3301(d) Affidavit Date Plaintiff's 3301(d) Affidavit Date Filing Date 3301 (D) Affidavit Service Date Manner of Service of 3301(d) Affidavit Date of Plaintiff's Notice of Intent to Request Entry of Divorce Decree and Praecipe to Transmit Record Plaintiff's Notice to Request Entry of Divorce Decree and Praecipe to Transmit Record Service Date Manner of Service of Plaintiff's Notice to Request Entry of Divorce Decree and 3301(d) Counter-Affidavit BIFURCATION Has the case been bifurcated? Date of decree granting bifurcation If bifurcation granted by consent or after hearing 1/28/09 1/29/11 1/28/11 2/3/11; 7/20/11 7/25/11 Certified Mail Return Receipt Requested No N/A N/A -6- SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: MARY B. LAUDENSLAGER vs. STEVEN M. LAUDENSLAGER DOM:11/4/1995 • DOS: 112812009 Date Prepared: October 24, 2011 A B C D E F Ln No Binder Description Date Net Value Calc Distribution Value 4 NON-RETIREMENT ASSETS 5 REAL ESTATE AND REAL ESTATEMORTGAGES 6 RE-1 2166 Merrimac Ave E 270,000.00 7 RE-1 Northwest SB E (203,500.00) 8 RE-1 Cost of Sale E (18,900,00) 9 RE-1 Subtotal RE-1 E 47,600.04 Sell & Divide Proceeds 10 MOTOR VEHICLES AND VEHICLE LIENS 11 V-1 Jt. 2004 Honda Civic EX (W) 5.18.11 9,030.00 9,030.00 12 V-2 Jt. 2009 Honda Pilot (H) 5.18.11 24,835.00 13 V-2 American Honda Finance 3.7.11 (14,800.00) 14 V-2 Subtotal V-2 10,035.00 10,035.00 15 STOCKS, BONDS CDS AND OTHER INVESTMENTS 16 INV-1 Funds for Anita 3.25.11 30,700.00 CNM 17 INV-2 Investment Funds for Adam 3.25.11 31,300.00 CNM 18 CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS 19 A-1 Wachovia N/A N/A 20 LIFE INSURANCE POLICIES 21 INS-1 H's Baltimore Life #6708 CV 6.16.07 1,176.03 22 INS-1 Dividends 6.16.07 375.77 23 INS-1 H's Baltimore Life #6708 TV 6.16.07 1,551.80 1,551.80 24 INS-2 W's Baltimore Life #7307 1.8.09 906.00 906.00 -7- MARY D. LAUDENSLAGER vs. STEVEN M . LAUDENSLAGER DOM:1114/1%5 • DOS:1{2812009 Date Prepared: October 24, 2011 A B C D E F Ln No Binder Description Date Net Value Calc Distribution Value 25 INS-3 H's Mass Mutual #2 444 Term Term 26 INS-4 W's Mass Mutual # 2 453 -- Term Term 27 HOUSEHOLD GOODS, FURNISHINGS, TOOLS, PERSONAL EFFECTS ETC. 28 HHG H's Household Goods Est 10,000.00 10.000.00 29 ; TON 30 TOTAL - NON-RETIREMENT ASSETS -- 31,522.80 31 RETIREMENT PLANS 32 RET-1 H'S MFS 403B 6.30.08 2,134.37 2,134.37 33 RET-2 W's American Funds IRA # 8559 5.23.11 15,134.19 15,134.19 34 RET-3 H'S Amer Funds IRA #7421 DOS TBD 35 RET-3 H's Amer Funds IRA # 7421 DOA TBD 36 RET-3 H's Amer Funds IRA #7421 MI TBD TBD 37 RET-4 H's PSERS plan 6.30.08 131,705.84 131,705.84 38 RET-5 W's SERS plan 12.31.08 69,023.25 69.023.25 39 TOTALS - RETIREMENT PLAN Sum 34-38 217,997.65 40 NET ESTATE - SUMMAR Y 41 Total Non-Retirement Assets Line 30 31,522.80 42 Total Retirement Assets Lime 39 217,997.65 43 TOTAL MARITAL ESTATE 42 + 43 249.520.45 -8- SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The following Table #3-A and Table # 3-13 set forth the household goods and contents and other personal property of the parties: TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NOW MARITAL -- distribute by value, not in kind H & W Husband Est 10,000 TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NOW MARITAL -- distribute by value, not in kind H & W Wife -9- SECTION IV. PENSIONS AND RETIREMENT BENEFITS The following Table #4 sets forth the listing of the pensions and retirement plans of the parties: TABLE #4 RETIREMENT PLANS ° A B c D E F G H 3 RET-1 H'S MFS403B 6.30.08 2,134.37 2,134.37 2,134.37 4 RET-2 W's American Funds IRA # 8559 5.23.11 15,134.19 15,134.19 15,134.19 5 RET-3 H'S Amer Funds IRA #7421 DOS TBD 6 RET-3 Less H's Amer Funds IRA # 7421 TBD DOA or DOM 7 RET-3 H's Amer Funds IRA #7421 MI TBD TBD TBD 8 RET-4 H's PSERS plan 6.30.08 131,705.84 131,705.84 131.705.84 9 RET-5 W's SERS plan 12.31.08 69,02125 69.023.25 69,023.25 10 TOTALS • RETIREMENT PLANS Sum 3438 217,997.65 133,840.21 84,157.44 -10- SECTION V. INCOME AND EXPENSES The following Table #5-A sets forth the incomes of the parties as reported on their respective Income and Expense Statements: TABLE #6-A INCOME OF THE PARTIES PARTY INCOME DATE OF FILING OF I& E STATEMENT Husband $65,176.00 Not filed Wife $61,304.36 08/05/2011 The following Table #5-B sets forth the total monthly expenses of the parties as reported on their respective Income and Expense Statements: TABLE #6-B MONTHLY EXPENSES OF THE PARTIES PARTY TOTAL MONTHLY EXPENSES Husband TBD Wife $3,746.13 DATE OF FILING OF I& E STATEMENT Not filed 08/05/2011 -11- SECTION VI. COUNSEL FEES The following Table #6 sets forth the listing of the counsel fees and expenses incurred by Plaintiff : TABLE #6` COUNSEL FEES AND COSTS DESCRIPTION Period Services Were Rendered Hourly Rate Total Amount of Fees and Costs to Date of this Statement Anticipated Fees and Costs Itemization of Services Rendered DATES, BILLS AND:. CHARGES 5/1/2011 to 9/30/2011 $200.00 $2,875.79 3,000.00 See itemized billing statement attached in Exhibit Section -12- SECTION VII. EXPERT WITNESSES The following Table #7 sets forth the listing of the experts who the party intends to call to testify in this case: TABLE #7 EXPERT WITNESSES NAME SUBJECT OF REPORT TESTIMONY ATTACHED Experts who prepared To be determined Report is attached if any report referenced in and to extent such the Proposed Exhibits in report is referenced Section XI and XII.' in Exhibit Section. SECTION VIII. OTHER WITNESSES REPORT TO BE SUPPLIED If not currently available, Report to be supplied as soon as available The following Table #8 sets forth the listing of the anticipated witnesses other than experts who will be called to testify in this case: TABLE #8 LAY WITNESSES NAME SUBJECT OF TESTIMONY Mary B. Laudenslager2 History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code 1 Additional experts who may be called to testify are not known at this time. Plaintiff reserves the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. 2 Additional witnesses who may be called to testify are not known at this time. Plaintiff reserves the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. -13- SECTION IX. PROPOSED RESOLUTION The following is Plaintiffs proposed resolution of the issues presented in this case: A. DIVORCE: A No-fault Divorce Decree should be entered under either section 3301(c) or 3301(d). B. EQUITABLE DISTRIBUTION: The parties' marital assets and debts should be divided and distributed 50% to Wife and 50% to Husband and in accordance with the schedule set forth as Exhibit in Section II of this Pre- Trial Statement: C. COUNSEL FEES AND COSTS: Wife's claim for counsel fees and costs should be granted. Wife should be awarded counsel fees and costs in the amount of $5,000.00. -14- SECTION X. PROPOSED EXHIBITS The following Table #11 sets forth Plaintiffs listing the proposed exhibits to be submitted at the hearing in this case. Exhibits are attached or to be supplied as indicated below. s TABLE #10 LISTING OF EXHIBITS NO. DESCRIPTION ATTAC44ED TO BE SUPPLIED Income and Expenses 1 Wife's Income and Expense Statement X 2 Wife's Pay Stubs X 3 Wife's 2010 Federal and State Income Tax Returns X 4 Husband's 2008-2013 Salary Schedule X 5 Wife's Annual Social Security Benefit Statement 2/2/11 X 6 Husband's Annual Social Security Benefit Statement X X 7/2/08 statement attached. Husband to provide 2011 statement Attorneys Fees and Costs 7 Fee Agreement X 8 Summary & Billing Statement X Assets and Debts 9 ME Spreadsheet and Distribution Schedule X 10 Marital Home Listing Agreement 11 Marital Home Mortgage Statement X - 8/5/11 X 8/5/11 Statement attached. Wife to provide current statement at hearing 3Plaintiff reserves the right to submit additional exhibits upon proper notification to the other party. -15- TABLE #10 LISTING OF EXHIBITS NO. DESCRIPTION ATTACHED TO BE SUPPLIED " Assets and Debts Continued 12 2004 Honda Civic EX 5.18.11 KBB PPV X 13 2009 Honda Pilot 5.18.11 KBB PPV X 14 Husband's Baltimore Life Policy #6708 Statement X X 8/16/07 statement attached. Husband to provide statement as of 1/28/09 15 Wife's Baltimore Life Policy #7307 Statements - 8/1/09 X 16 Husband's Mass Mutual #2 444 Term Policy Statement - X 5/20/08 17 Wife's Mass Mutual # 2 453 Term Policy Statement - 7/26/09 X 18 Husband's MFS 403B Statement - 6/30/08 X 19 W's American Funds IRA Statements - 12.23.09; 6/30/10; X 9/30/10; 12/31 /10; 3/31 /11; and 6/30/11 20 Husband's American Funds IRA Statements X X 6/30/08 statement attached. Husband to provided statements for later of 11/4/95 or date of acquisition and 12.31.08-present 21 Husband's PSERS Statements X X 6.30.08 statement attached; Husband to provide statements for 6.30.09; 6/30/10 and 6/30/11 22 Wife's SERS Statements - 12/31/09; 12/31/10; 3/8/11 X -16- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows_ P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Counsel for Defendant) Dated: October 24, 2011 Respectfully, Submitted, =(Suprermne DCLIFF, ESQUIRE urt ID No 32112) Road, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Email: dianeradcliff(&-comcast.net Attorney for Plaintiff -17- 'I E HOT 111: N O TA 1,1- : yuf2R0 Phi {. G? CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff NO. 09-2665 CIVIL TERM V. STEVEN M. LAUDENSLAGER, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 28, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ?-7 MARY . LA ENSLAGER ': 1,A@ERLAh0 COUNT; PEJ4NSYJNJr\NM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff NO. 09-2665 CIVIL TERM V. STEVEN M. LAUDENSLAGER, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. I verify that the statements made in this Waiver 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. Dated: 1 1 J7 11 Z * /S 41 ?L MARY .LALI ENSLAGER -7 Pri 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff V. STEVEN M. LAUDENSLAGER, NO. 09-2665 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301L? OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. I verify that the statements made in this Waiver 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. - 7/ Dated: S VEN M. LAUDENSLAGE 9 NOUt " ?` r ?. F F J' " Fri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff NO. 09-2665 CIVIL. TERM V. STEVEN M. LAUDENSLAGER, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 28, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: y 1 7,- J0 4TEV'1EWM.'eAUDENS1L*6ER MARY B. LAUDENSLAGER, Plaintiff Vs. STEVEN M. LAUDENSLAGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 2665 CIVIL Defendant IN DIVORCE r- ORDER OF COURT ? e mac) AND NOW, this day of 2012, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on April 12, 2012, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, ?!. / Ke n A. Hess, P.J. cc: ? Diane G. Radcliff Attorney for Plaintiff P. Richard Wagner Attorney for Defendant MARY B. LAUDENSLAGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 2665 CIVIL STEVEN M. LAUDENSLAGER' Defendant IN DIVORCE c 77= C' THE MASTER: Today is Thursday, April 12,M 2012. This is the date set for a hearing on an issue regarding the pensions of the parties. Present in the hearing room are the Plaintiff, Mary B. Laudenslager, and her counsel Diane G. Radcliff, and the Defendant, Steven M. Laudenslager, and his counsel P. Richard Wagner. Also present is attorney Harlan Glasser who is an observer and a clerk at the courthouse. The divorce complaint was filed on April 28, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for divorce, although a 3301(d) affidavit was filed averring a separation of two years, the parties are going to provide and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under the mutual consent provisions of the Domestic Relations Code, Section 3301(c). The affidavits and waivers will be filed before the Master will vacate his appointment. The complaint did not raise any economic 1 claims; however, a petition was filed raising claims of equitable distribution and counsel fees and costs. Neither party has raised any claims for alimony. After discussion today, an agreement is going to put on the record resolving all the 'economic issues between the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the parties leave the hearing room today they are bound by the terms of the agreement even though there has not been any signing of the agreement. The agreement is going to be transcribed and sent to counsel for review for typographical errors. The corrections will be made, if necessary, and then the parties will be asked to sign the agreement affirming the terms of settlement as stated on the record. When the Master receives a completed agreement, he will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. As previously noted, the parties will sign affidavits of consents and waivers of notice of intention to request entry of divorce decree so that the divorce can proceed under the consent provisions of the Domestic Relations Code. 2 The parties were married on November 4, 1995, and separated on January 27, 2009. They are the parents of two minor children, the parties share custody of the children. Mr. Wagner. MR. WAGNER: Thank you. The parties do hereby covenant, promise, and agree as follows: 1. The marital real estate at 2166 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania, has, prior to this date, been sold. The parties had previously received $7,500.00 each in proceeds from the sale of that home leaving a balance of approximately $20,000.00. The parties agree to confirm to each, wife is to receive the b? escrow, and husband is to receive escrow, $2,919.74. The check for executed by the wife and has been the presence of the Master. the receipt of $7,500.00 glance of the proceeds in the return of the tax $2,919.74 has been given to the husband in 2. The parties agree to waive any and all right, title and interest they may have in the pension of the other. Wife has a pension through SERS; husband has a pension through PSERS. Wife confirms and acknowledges that she has heretofore filed and executed a waiver of rights to the pension of husband at PSERS, and husband agrees to execute any and all documents necessary to constitute a waiver of his rights in the pension of wife at SERS. The parties agree to retain any other pension, retirement, 401(k), or IRAs that each may have. Each party expressly acknowledges that they are aware of the value of the pensions of the other, the IRAs of the other, and/or such other pension or retirement benefits or have had the opportunity to determine those values and agrees to the provisions herein notwithstanding. 3. Each party waives, as it relates to the other, any claim for spousal support, alimony, alimony pendente lite, and counsel fees, except counsel fees that may be incurred in any attempt to enforce the provisions of this agreement because one or the other party breaches the same. 3 4. The parties agree that whatever personal property is in the possession of that person remains the personal property of that person and each hereby agrees to release and discharge any and all right, title and interest in any personal property in possession of the other with the exception of wife's sled, a trunk of sweaters, and wife's wedding dress, which husband agrees to give to wife within ten (10) days from the date of the signing of this agreement. 5. The parties agree that the automobile in possession of the parties shall remain in possession of that party and each party agrees to execute whatever documents are necessary to effectuate a transfer of ownership of those automobiles to the person in whose possession the automobile is. The parties agree that the 2004 Honda shall remain the sole and separate property of wife. Husband agrees to execute any and all documents necessary to effectuate same. The parties further agree that the 2009 Honda shall become the sole and exclusive property of husband. The parties agree to execute whatever documents are necessary to effectuate same. The parties further agree that there is indebtedness on the 2009 Honda and husband shall within sixty (60) days from this date refinance said Honda so as to remove the name of wife. 6. The parties acknowledge that there is life insurance on the life of each party and the parties agree to waive, relinquish and discharge any and all right, title and interest they may have in the life insurance policy of the other, including that of being beneficiary. 7. Except as herein provided as it relates to the 2009 Honda, the parties agree that there is no debt for which the other is responsible. Any indebtedness incurred by either party from the date of separation to the present shall be the sole and separate obligation of that party. 8. The parties further agree that each will claim one child for purposes of tax dependency. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as 4 administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. RADCLIFF: Mrs. Laudenslager, you've been present when the agreement has been stated here on the record? MS. LAUDENSLAGER: Yes. MS. RADCLIFF: Did you understand the terms of the agreement? MS. LAUDENSLAGER: Yes. MS. RADCLIFF: And in all respects, do you agree to those terms? MS. LAUDENSLAGER: Yes. MS. RADCLIFF: Are you currently under any undue influence, coercion, duress or anything that would, prevent you from making that agreement? MS. LAUDENSLAGER: No. MS. RADCLIFF: Are you under the influence of any drugs or alcohol that is in any way impairing your judgment? MS. LAUDENSLAGER: No. MS. RADCLIFF: Is this your voluntary and complete agreement as stated on the record? MS. LAUNENSLAGER: Yes. 5 MR. WAGNER: Steve, you were present when I dictated this agreement in front of the parties? Did you hear all of the terms as dictated in front of the Master? MR. LAUDENSLAGER: I did. MR. WAGNER: Did you understand all the terms and conditions? MR. LAUDENSLAGER: I did. MR. WAGNER: Are you under the influence of any drugs, medication, or other matter that may adversely impact upon your ability to understand and make a free choice? MR. LAUDENSLAGER: No. MR. WAGNER: Having heard everything that was stated before the Master, is this your agreement? MR. LAUDENSLAGER: Yes. MR. WAGNER: Do you want the Master to enter this as an agreement between the parties and finalize all the issues as between you and your wife? MR. LAUDENSLAGER: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 6 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: CNN Z?' DI G. ad iff Mary La denslager to for for 'Pl ainti f R'cha Wagner Steven M. Laudens ager Atto ey for Defendant 7 'M 10: Lij'12 JUN 12 A € U '11 .3 Lead D C0 UNT ; pp"m NSYLVAHIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, V. CIVIL ACTION - LAW STEVEN M. LAUDENSLAGER, IN DIVORCE Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 04/28/2009 b. Manner of Service of Complaint: Defendant's Acceptance of Service C. Date of Service of Complaint: 04/30/2009 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 04/17/2012 b. Defendant: 05/04/2012 4. RELATED CLAIMS PENDING: All issues have been resolved pursuant to the parties' Marital Agreement dated April 12, 2012 which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 04/20/2012 b. Defendant's Waiver: 05/17/2012 Plaintiff NO. 09-2665 CIVIL TERM Supreme Court ID # 32112 Phone: (717) 737-0100 IN THE COURT OF COMMON PLEAS OF MARY B. LAUDENSLAGER CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN M. LAUDENSLAGER NO. 09-2665 CIVIL TERM DIVORCE DECREE AND NOW, qu•.?. 13 ?.o 2. , it is ordered and decreed that MARY B. LAUDENSLAGER plaintiff, and STEVEN M. LAUDENSLAGER ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All issues have been resolved by an Agreement and Stipulation entered into by Plaintiff and Defendant on April 12, 2012 , a copy of which has been filed of record in this case. By the Court, ??)lI?Lp ? eOp t? M???fLa? G??' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY B. LAUDENSLAGER, Plaintiff V. STEVEN M. LAUDENSLAGER, Defendant : NO. 09-2665 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME A a : - :cz W . . Notice is hereby given that the Plaintiff in the above captioned Divorce Action, hereby elects to retake and hereafter use her previous name of Mary B. Walsh. This election is made pursuant to the provisions of 54 P.S. §704. MARY . LAU ENSLAGER (Sig ature married name) MARY . ALSH (Signature married name) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: On the day of 2012, before a Notary Public, personally appeared Mary B. Lau enslager known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. ?A ?11 ? cr- 4t 17111 Q-+'_" 0f7 I Nota blic avmn u W saw Pubk ,N? C Y 11, 2016 of