HomeMy WebLinkAbout09-7640MARIA P. COGNETTI & ASSOCIATES
KELLY A. SPARVIERI, ESQUIRE
Attorney I.D. No. 200864
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
KAREN I. RICHMOND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO. LA - 7 (Ab l,i V i l -Prm
FREDERICK K. RICHMOND, CIVIL ACTION -LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Decree of Divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for 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 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. 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 INFORMATON ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
MARIA P. COGNETTI & ASSOCIATES
KELLY A. SPARVIERI, ESQUIRE
Attorney I.D. No. 200864
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
KAREN I. RICHMOND,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
FREDERICK K. RICHMOND,
Defendant
DOCKET NO. 0 9- 74 4o (',w,;( T?,,??
CIVIL ACTION -LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is Karen I. Richmond, who has resided at 320 Lamp Post Lane, Camp
Hill, Cumberland County, Pennsylvania 17011, for the last ten years.
2. Defendant is Frederick K. Richmond, who has resided at 320 Lamp Post Lane,
Camp Hill, Cumberland County, Pennsylvania 17011, for the last ten years.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on October 13, 1985, in Harrisburg,
Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Neither of the parties in this action is presently a member of the Armed Forces.
7. The Plaintiff and Defendant are both citizens of the United States.
8. Plaintiff has been advised of the availability of marriage counseling and that she
may have the right to request the Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require the parties to participate in
counseling prior to a divorce decree being handed down by the Court.
9. Plaintiff avers that there are no children born of the marriage under the age of
eighteen (18).
COUNT I - GROUNDS FOR DIVORCE
10. The Plaintiff avers that the grounds on which the action is based are as follows:
the marriage is irretrievably broken.
COUNT II - EQUITABLE DISTRIBUTION
11. During the marriage, Plaintiff and Defendant have acquired various items of
marital property, both real and personal, which are subject to equitable distribution under
Chapter 35 of the Divorce Code.
COUNT III - ALIMONY
12. Plaintiff lacks sufficient property to provide for her reasonable needs.
13. Plaintiff is unable to sufficiently support herself through appropriate employment.
14. Defendant has sufficient income and assets to provide continuing and indefinite
support.
COUNT IV - ALIMONY PENDENTE LITE,
COUNSEL FEES, COSTS AND EXPENSES
15. By reason of the institution of the action to the above term and number, Plaintiff
will be and has been put to considerable expense in the preparation of her case, and the
employment of counsel and the payment of costs.
16. Plaintiff is without sufficient funds to support herself and to meet the costs and
expenses in this litigation and is unable to appropriately maintain herself during the pendency of
this action.
17. Defendant has adequate earnings to provide support for the Plaintiff and to pay
her counsel fees, costs and expenses.
WHEREFORE, Plaintiff requests the following of the Court:
a. Enter a Decree in Divorce;
b. Equitably distribute all property, both personal and real, owned by the
parties;
C. Compel Defendant to pay alimony to Plaintiff,
d. Compel Defendant to pay alimony pendente lite as well as pay
Plaintiff's counsel fees, costs and expenses; and
e. Grant such further relief as the Court may deem equitable and just.
MARIA P. COGNETTI & ASSOCIATES
Date: November 4, 2009 By:
KELLY A. S VI I, ESQUIRE
Attorney I.D. No. 200864
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
VERIFICATION
I, Karen I. Richmond, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
Date: e)9
Karen I. Richmond
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
KAREN I. RICHMOND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO. 09-7640 CIVIL TERM
FREDERICK K. RICHMOND, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of
the Complaint in Divorce was served upon Defendant, Frederick K. Richmond, by certified mail,
return receipt requested, on November 14, 2009. The original signed return receipt, number
7005 0390 0005 2244 2634 is attached hereto and made a part hereof.
Dated: November 19, 2009
By:
Respectfully submitted,
MARIA P. COGNETTI & ASSOCIATES
MARIA P. Cg4NETTI, ESQUIRE
Attorney I.D. o. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
¦ Complete Items 1,,2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
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2. Article Number
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PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
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PENNSYLVANIA
Last Printed: February 3, 2010 9:33 AM
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
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KAREN I. RICHMOND, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v, :DOCKET NO. 09-7640 CIVIL TERM
FREDERICK K. RICHMOND, :CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of
the Interrogatories (First Set) and Requests for Production of Documents (First Set) were served
upon Defendant, Frederick Richmond, by certified mail, return receipt requested, on January 30,
2010. The original signed return receipt, number 7005 0390 0005 2244 2672 is attached hereto
and made a part hereof.
Dated: February 8, 2010
By:
Respectfully submitted,
MARIA P. COGNETTI & ASSOCIATES
MARIA P.~COGI~}?9 I, ESQUIRE
Attorney I.D. No. 14
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
^ Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
^ Print your name and address on the reverse
so that we can return the card to you.
^ Attach this card to the back of the mailpiece,
or on the front if space permits.
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PS Form 3811, February 2004 Domestk: Return Receipt 102595-02-M-1540
F I-EL-"u;'1'ICE
John J. Connelly,Jr.,Esquire 0 IF i li E:. P R 0 T H 01N 0 1 A R Y
Attorney I.D.No. 15615
James Smith Dietterick&Connelly,LLP 2013 R t 29 AN 11: 35
P.O.Box 650
Hershey,PA 17033 CUMBERLAND COUNTY
Attorneys for Defendant PENNSYLVANIA
KAREN I. RICHMOND, IN THE COURT OF COMMON PLEAS
Plaintiff COUNTY, PENNSYLVANIA
V. NO. 09-7640
FREDERICK K. RICHMOND, CIVIL ACTION—LAW
Defendant IN DIVORCE
DEFENDANT'S PRE-TRIAL STATEMENT
Date of Marriage: October 13, 1985
Date of Separation: November 5, 2009
Divorce Complaint filing date: November 5, 2009
1. ASSETS
A. Marital Property
See attached spreadsheet marked Exhibit"A".
B. Non-marital Property of Husband
(1) Members 1"bank account—created post-separation.
(2) Loan from Husband's separate property to Wife in the amount of$12,500.00
for Wife to purchase 136 North 4�' Street, Lemoyne, Pennsylvania.
C. Non-marital Property of Wife
(1) Wife's interest in real estate and mineral rights in Clearfield County.
(2) Wife's residence located at 136 North 0 Street,Lemoyne,Pennsylvania.
(3) Advanced by Husband to Wife from Husband's post-separation income in
the amount of$12,500.00 for payment of Wife's attorneys' fees.
9ther property to be provided by Wife.
2. EXPERT WITNESSES
Husband knows of.no expert witnesses at this time,however,Husband reserves the
right to supplement this answer should such become available and necessary.
Specifically,Husband may call upon Bruce J. Brown, CPAIABV, CFF, CVA,of
Brown Schultz Sheridan &Fritz, for purposes of testifying regarding the value of
the Center for Applied Management Practices,Inc. Husband also may call upon Ed
Koppenhaver,PA State Certified Real Estate Appraiser regarding the value of the
marital residence located at 320 Lamp Post Lane, Camp Hill,Pennsylvania.
3. NON-EXPERT WITNESSES
Husband knows of no non-expert witnesses at this time with the exception of the
parties. However,Husband reserves the right to supplement this answer should such
become available and necessary.
4. EXHIBITS
Specific exhibits to be exchanged prior to trial to the extent necessary after
stipulation. Notwithstanding same,Husband intends to offer the following as
exhibits,if necessary.
(1) All documentation to support the values identified in the asset chart attached
hereto as Exhibit"A".
(2) Husband's 2012 Tax Return(to be provided at Pre-trial Conference).
(3) Husband's most recent paystub (to be provided at Pre-trial.Conference).
(4) 2012 Corporate Tax Return for the Center for Applied Management
Practices, Inc. (to be provided at Pre-trial Conference).
(5) Husband's Income Statement and Expense Statement, filed January 14,
2013, and minor revisions thereto, including but not limited to changes in
Husband's health premiums and out of pocket health care expenses since the
filing of his Expense Statement.
(6) Valuation of the Center for Applied Management Practices,Inc. of Bruce J.
Brown, CPA/ABV, CFF, CVA, of Brown Schultz Sheridan &Fritz, dated
January 24,2012.
l
(7) Appraisal Report of the marital residence located at 320 Lamp Post Lane,
Camp Hill,Pennsylvania dated November 1,2011,by Ed Koppenhaver,PA
State Certified Residential Real Estate Appraiser(attached).
5. INCOME
A. Plaintiff/Wife—Wife is unemployed. At the time of the entry of the
Support Order dated August 4,2011,Wife received Social Security
Disability payments in the amount of$1,982.28 net per month. Pursuant to
said Support Order,Wife receives spousal support in the monthly amount of
$4,000.00.
B. Defendant/Husband—Husband is employed as a management technology
consultant for the Center for Applied Management Practices,Inc. He also is
a 49%owner of this business. In 2012, Husband earned a gross annual
wages income of$106,556.00. As reflected on Husband's K-1 for 2012,
Husband received additional gross income from the business in the amount
of$6,542.00. There is also rental income in the amount of$20,848.00,
which was received by Husband for the business location at 3609 Gettysburg
Road,.Camp Hill,Pennsylvania;however,this property has been placed on
the market for sale and as a result,the rental income will not be continuing in
nature.
6. EXPENSES
Plaintiff/Wife has filed claims for alimony, alimony pendente lite, counsel fees and
expenses. Wife's Income Statement and Expense Statement have not been filed
with the Court.
7. PENSIONS/RETIREMENT BENEFITS
A. Plaintiff/Wife:
(1) Wife maintains a Fidelity IRA,which had a value of$163,878.69 as
of July 31, 2012,which must be updated.
(2) Wife maintains a pension plan through Pinnacle,which provides for
a payment to Wife in the amount of$750.00 per month at age 65.
B. Defendant/Husband:
(1) Husband maintains a Vanguard Rollover IRA account,which had a
value of$526,769.46 as of July 31,2012.
(2) Husband maintains a Vanguard SEP IRA account,which had a value
of$149,723.74 as of June 30, 2012,minus all post-separation
contributions.
(3) Husband receives payment from his SERS Pension Account in the
amount of$286.58 per month payable until August 17,2016.
8. COUNSEL FEES
Wife has made a claim for counsel fees and expenses..
9. PERSONAL PROPERTY DISPUTE
It is believed that all personal property has been divided between the parties by
agreement.
10. DEBTS
There are no marital debts. However, Husband paid taxes in the amount of
approximately$3,500.00 on the royalties received by Wife in 2010.
1.1. PROPOSED RESOLUTION
Husband and Wife are 61 years of age. Husband turns 62 in August, and Wife turns 62 in
October. In consideration of the fact that Wife receives Social Security Disability payments
and will receive payments from her Pinnacle Pension Plan in the amount of$750 per month
at age 65, Husband proposes a 50/50%distribution of marital assets,with$1,500 per month
in alimony payable to Wife for a period of three(3)years.
12. ESTIMATED LENGTH OF TRIAL
One day.
Respectfully submitted,
JAMES, SMITH,DIETTERICK
& CONNELLY,LLP
Dated: April 26, 2013 By:
J(k)J. Con y, Jr.
Attorney I.D.. #15615
P.O.. Box 650
Hershey,PA 17033-0650)
(717)533-3280
Attorneys for Defendant
Exhibit"A"
KAREN I. RICHMOND v. FREDERICK K. RICHMOND
Date of Marriage: October 13, 1985
Date of Separation: November 5, 2009
Divorce Complaint Filing Date: November 5, 2009
ASSET TITLE VALUE
Real Estate
Marital Residence-320 Lamp
Post Lane, Camp Hill,
Pennsylvania Joint $212,000.00 per appraisal report dated November 1, 2011
The Center for Applied
Management Practices, Inc.,
office building -3609 Gettysburg Currently listed for$150,000.00-value to be determined at the time
Road, Camp Hill, Pennsylvania Joint of sale.
Increase in value of Wife's
ownership interest in land and
mineral rights in Clearfield
County and distribution of
royalties Wife
Vehicles
2008 Toyota Highlander Joint $14,834.00 (trade-in value)
2003 Toyota Avalon Joint $5,473.00 (trade-in value)
2001 Subaru Outback Joint $2,553.00 (trade-in value)
1995 Toyota Previa Husband $514.00(trade-in value)
Pagel Exhibit A-Asset Chart 042413.xis
KAREN I. RICHMOND v. FREDERICK K. RICHMOND
Date of Marriage: October 13, 1985
Date of Separation: November 5, 2009
Divorce Complaint Filing Date: November 5,2009
ASSET TITLE VALUE
Brokerage Accounts
Charles Schwab Account#5707 Joint $176,404.26 (as of July 31, 2012)
Vanguard Brokerage Account Joint $73,758.60(as of July 31, 2012)
$25,784.81 (as of July 31, 2012) (Funds kept for Brianne, the
Fidelity Account#3207 Joint parties'daughter)
Fidelity Account#3340 Joint $63,869.37(as of July 31, 2012)
Money Market/Savings
Accounts
F&M Trust Account#6477 Joint $249,514.75 (as of July 27, 2012)
F&M Trust Account#6469 Joint $133,209.96(as of July 27, 2012)
Susquehanna Bank Account
1#1352 Joint $142,168.28(as of June 29, 2012)
Page 2 Exhibit A-Asset Chart 042413.xls
KAREN I. RICHMOND v. FREDERICK K. RICHMOND
Date of Marriage: October 13, 1985
Date of Separation: November 5,2009
Divorce Complaint Filing Date: November 5, 2009
ASSET TITLE VALUE
Retirement Accounts
Vanguard Rollover IRA Husband $526,769.46(as of July 31, 2012)
$149,723.74(as of June 30, 2012) (minus post-separation
Vanguard SEP IRA Husband contributions)
Fidelity Traditional IRA#5140 Wife $163,878.69(as of July 31, 2012)
in pay status - Husband receives $286.58 per month payable until
SERS Retirement Account Husband August 17, 2016
Pinnacle Pension Wife to be determined -Wife to receive$750.00 per month at age 65
Patents/Royalties
Royalties from Attaboy
Resources, LP Joint $12,750.00 received by Wife in 2010
The Center for
Applied
Trademark eLogicModel Management
Registered Practices, Inc.
Page 3 Exhibit A-Asset Chart 042413.xls
KAREN I. RICHMOND v. FREDERICK K. RICHMOND
Date of Marriage: October 13, 1985
Date of Separation: November 5, 2009
Divorce Complaint Filing Date: November 5, 2009
ASSET TITLE VALUE
Businesses
The Center for Applied Husband The entire of the value of the entity is comprised of personal good
Management Practices, Inc. (49%) will per valuation summary of January 24, 2012.
Miscellaneous Cash Credits
Marital funds advanced to Wife
to purchase 136 North 4th
Street, Lemoyne, Pennsylvania $115,355.71
Loan from Husband's separate
property to Wife for Wife to
purchase 136 North 4th Street,
Lemoyne, Pennsylvania $12,500.00
Advanced by Husband to Wife
from his post-separation income
for payment of attorneys'fees $12,500.00
Page 4 Exhibit A-Asset Chart 042413.xls
Exhibit No. 4 (7)
Pa #1
RESIDENTIAL APPRAISAL REPORT
'e
Property Location: 320 Lamp Post Ln
Deed Book 131,Page 247
Camp Hill,PA 17011
Borrower: Richmond,Frederick&Richmond,Karen
Client: Frederick Richmond
320 Lamp Post Lane
Camp Hill,PA 17011
Effective Date: 11/01/11
Prepared By: Ed Koppenhaver,PA State Cart.RE Appraiser
2116 Southpoint Drive
y Suite B
Hummelstown,PA 17036
Form GA7—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
E.J.Koppenhaver
Koppenhaver Appraisals
2116 Southpoint Drive
Suite B
Hummelstown,PA 17036
Phone:717.583.0306
Frederick Richmond
320 Lamp Post Lane
Camp Hill,PA 17011
Re: Property: 320 Lamp Post Ln
Camp Hill,PA 17011
Borrower: Richmond,Frederick&Richmond,Karen
File No.: 11 10250e
In accordance with your request,we have appraised the above referenced property. The report of that appraisal is
attached.
The purpose of this appraisal is to estimate the market value of the property described in this appraisal report,as
improved,in unencumbered fee simple title of ownership.
This report is based on a physical analysis of the site and improvements,a locational analysis of the neighborhood and
city,and an economic analysis of the market for properties such as the subject. The appraisal was developed and the
report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice.
The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the
certification and limiting conditions attached.
It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional
service to you.
Sincerely,
Ed K penhaver,PA State Cert.RE Appraiser
E.J.Koppenhaver Pa #3
Summary Appraisal Report 1110250e
Pra t. UNIFORM RESIDENTIAL APPRAISAL REPORT Pile No. 1110250e
Property Address 320 Lamp Post Ln City Camp Hill State PA Zip Code 17011
Legal Description Deed Book 131,Page 247 County Cumberland
Assessor's Parcel No, 10-20-1848-043 Tax Year 2011 R.E.Taxes$3,035 Special Assessments 0
Borrower Richmond Frederick&Richmond Ke Current Owner Richmond,Frederick&Richmond h Occu ard: owner Tenant vacant
Property rights appraised Fee Simple Leasehold Pro ect T e PUD Condominium(HUD NA on HOA 0 o.
-Neighborhood or Pro ect Name Pine Brook Map Reference 25420 Census Tract 0113.03
Sale Price 0 Date of Sale N/A Description and amount of loan charges/concessions to be paid by setter 0
Lender Client Frederick Richmond Address 320 Lamp Post Lane Camp Hill PA 17011
Aporaiser Ed Ko enhaver PA State Cert.RE r: Address 2116 South oint Drive Suite B Hummelstown,PA 17036
Location Urban Suburban Rural Predominant Rtigle family housing Present land use% Land use change
Built up Over 75% ❑25-75% [1 Under 25% occupancy g(�) (yrs) One family 100 Eg Not likely ❑Likely
Growth rate ❑Rapid ®Stable ❑Slow ®Owner 92 Low 36 2-4 family ❑In process
Property values ❑Increasing ®Stable ❑Declining ❑Tenant 282 1i 56 56 Mufti-family To:
Demand/supply ❑Shortage ®in balance ❑Over supply ®vacant(0-5%) Predo Commercial
—
Marketing time Under 3 mos.M 3-6 mos. F Over 6 mos. F vac.over 5%1 200 40
Rote: Race and the racial composition of the neighborhood are not appraisal factors.
Neighborhood boundaries and characteristics: Bounded on the east west and south by the Conodo uinet Creek,on the north by Armitage golf
course.
Factors that affect the marketability of the properties in the neighborhood(proximity to employment and amenities,employment stability,appeal to market,etc.):
The subject is located in Hampden Township,Cumberland County,PA. The neighborhood is composed of a compatible blend of cider single
family homes in the low medium price range. There are several large employers located nearby and it is an easy commute to the other tar e
employment centers of the greater metropolitan area.
Market conditions in the subject neighborhood(including support for the above conclusions related to the trend of property values,demand/supply,and marketing time
--such as data on competitive properties for sale in the neighborhood,description of the prevalence of sales and financing concessions,etc.):
General marketing conditions in the area are rated as average as the date of this appraisal.Typical loan discounts in the area are one to three
points and are generally paid by the buyer with no participation from the seller,
Project Information for PUDs Of applicable)--Is the developer/builder in control of the Home Owners'Association(HOA)? Yes n No
Approximate fatal number of units in the subject project Approximate total number of units for sale in the subject project
Describe common elements and recreational facilities:
Dimensions 100 x 183.70 x 100.24 x 176.77 Topography Slope to Rear
Site area 18,024 sf Corner Lot❑Yes ®No Size Average
Specific zoning classification and description RS-Suburban Residential Shape Rectangular
Zoning compliance Z Legal ❑Legal nonconforming(Grandfathered use)❑Illegal ❑No zoning Drainage Average
Hi hest&best use as improved: R1 Present use Other use lain View Good-Water
Utilities Public Other Off-site improvements Type Public Private Landscaping Average
Electricity ® Street Asphalt ® ❑ Driveway Surface Asphalt
Gas ® Curb/gutter Concrete ® ❑ Apparent easements None Apparent
Water ® Sidewalk Concrete ® ❑ FEMA Special Flood Hazard Area ❑Yes Z No
Sanitary sewer M Street lights Mercury Vapor ® ❑ FEMA Zone X Map Date 03/16/2009
Storm sewer None Alley None FEMA Ma No. 42041CO277E
Comments(apparent adverse easements,encroachments,special assessments,slide areas,illegal or legal nonconforming zoning use,etc.): There are no
apparent easements encroachments or other conditions that would have an adverse effect on the marketability of the subject property.
GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION
No.of Units 1 Foundation Block Slab n/a Area Sq.Ft. 760 Root ❑
No.of Stories 2 Exterior Walls Alum&Stone Crawl Space 392 sf %Finished 30 Ceiling
Type(Det./Aft.) Detached Roof Surface As haltShin le Basement 760 sf Ceiling Drywall Walls
Design(Style) Traditional Gutters&Dwnspts.Aluminum Sump Pump Yes Walls Drywall Floor ❑
Existing/Proposed Existing Window Type DoubleHung Dampness None Noted Floor Carpet None ❑
Age(Yrs.) 46 Stom/Screens Storm Units Settlement None Noted Outside Entry No Unknown ❑
Effective Ad a(Yrs.) 25 Manufactured House No iffifestafton Screened Porch
ROOMS Fa er Livino I Dinina I Kitchen I Den I Famliv Rm.I Rec.Rm. leedroomsl #Baths I Laund Other Area S .Ft.
7 Basement 1 760
Level l 1 1 1 1 1 0.1 1 1,152.00
Level 1 4 2 1120.00
Finished area above grade contains: 8 ROOMS: 4 Bedrooms: 2.1 Baths: 2,272 So jare Feet of Gross Living Area
INTERIOR Materials/Condition HEATING KITCHEN EGUIP, ATTIC AMENITIES CAR STORAGE:
Floors Hardwood/Avg Type FWA Refrigerator ® None ❑ Fireplace(s)# 1 ® None ❑
Wails Drywal l/Averse Fuel Gas Range/Oven ® Stairs ❑ Patio ❑ Garage #of cars
Trino/Flinish Colonial/Averse Condition Avg. Disposal ® Drop Stair ❑ Deck ❑ Attached 2
Bath Floor Plywood/Avg. COOLING Dishwasher ® Scuttle ® Porch Screened ® Detached
Bath Wainscot CTile/Av . Central Yes Fart/Hood ® Floor ❑ Fence ❑ Built-In
Doors 6Panei/Averse Other rda Microwave ❑ Heated ❑ Pool ❑ Carport
Condition Avg, Washer/Dryer X Finished M E Driveway 2
Additional features(special energy efficient items,etc.): Storm units
Condition of the improvements,depreciation(physical,functional,and external),repairs needed,quality of construction,remodeling/additions,etc.: SEE
SUPPLEMENTAL ADDENDUM
Adverse environmental conditions(such as,but not limited to,hazardous wastes,toxic substances,etc.)present in the improvements,on the site,or in the
immediate vicinity of the subject property.: There were no apparent adverse or hazardous conditions observed at the time of inspection.
Freddie Mac Form 70 6/93 PAGE 1 OF 2 Fannie Mae Form 1004 6/93
Form UA2—"WinTOTAL"appraisal software by a la mode,Inc.—1-800-ALAMODE
P 4
1110250e
Valuation UNIFORM RESIDENTIAL APPRAISAL REPORT File No. 1110250e
ESTIMATED SITE VALUE ..............................................F $ Comments on Cost Approach(such as,source of cost estimate,site value,
ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS: square foot calculation and for HUD,VA and FmHA,the estimated remaining
Dwelling 2,272.00 Sq.R.@S =$ economic life of the property): The cost approach was considered
760 Sq.Ft.@S = and deemed to be an inappropriate indicator of value in this
appraisal. Estimated remaining economic life is estimated to be
z. Garage/Carport 528.00 Sq.R.@$ - 35 years.
Total Estimated Cost New.............................=$
"1 Less Physical Functional External
Depreciation ( =$
Depreciated Value of Improvements ............................... =$
'As-is'Value of Site Improvements...................................=$
INDICATED VALUE BY COST APPROACH............................ =S
ITEM SUBJECT COMPARABLE NO.i COMPARABLE NO.2 COMPARABLE NO.3
320 Lamp Post Ln 315 Lamp Post Ln 517 Spring House Rd 3806 Conestoga Rd
Address Gam Hill PA 17011 Cam Hill,PA 17011 Cam Hill PA 17011 Cam Hill PA 17011
Pro am to Subject 0.06 miles SE 0.68 miles NW 0.28 miles SE
!"ft—!c 0 —190,000 $ 206,000 $ 197,000
P Gros Livin Area 93.31 $ 85.51 Q $ 93.04 da 96.19 dbT
Data and/or Inspection on MLS-10209816 MLS-10211396 MLS-10211783
Verification Source 11/01/11 Cumberland Count y Records Cumberland County Records Cumberland Countv Records
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-)S Adjust DESCRIPTION +- Ad'sL DESCRIPTION +(-)$Adjust
Sales or Financing FHA/70 DOM FHA113 DOM Conv/78 DOM
a Concessions 7000 -1,300 $2000 0 $7000 1 090
j Dale of Sale Ime 09/16/11 08/26/11 10/31/11
Location Suburban Suburban Suburban Suburban
Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple
Site 0.41 ac 0.27 ac +2,800 0.27 +2,800 0.26 ac +3,000
view Good-Water Average +10,000 Average +10,000 Average +10,000
Design and Appeal Traditional Traditional Traditional Split Level
Duality of Construction Alum&StrVAV . Alum&Brk/Av . Alum&Brk/A . Alum&Stn/Av .
A e 46 44 38 46
1 Condition Avera e- Average- Average -5,000 Avera e-
Above Grade Total Bdrms Baihs Total iBdims Baths Total�Bdmis 1 Baths I Total�Bdnms Baths
Room Count 8 4 2.1 8 4 2,i 8 4 2.1 8 3 2.1
1 Gross Livin Area 2 272 S .Ft. 2,222 Sq.Ft. Q 2 214 5 .R. +1 700 2 048 S .Ft. +6 700
F BasemenF&FiRlShed 66°l0/30910 66%/0% 100%/0% 100%/0%
= Rooms Below Grade Rec Room None +1,000 None None
Functional Utility Avera a Average Avera a Avera e
c`.Heatln Coolln GFWA/Central EBB/Cent Heat um HWBB/Cent
Eno Efficient Items Storm units Thermo apes -2,000 Thermo apes -2,000 Thermo panes -2,000
f'Gara a Ca ort 2 Car Aft. 2 Car Att. 2 Car Att. 2 Car Att.
Porch,Patio,Deck, Stoop,ScmdPch Porch +2,000 Porch,ScmdPch Porch,ScmdPch
fire laces c, 1 Fire lace 1 Fireplace 1 Fireplace 1 Fireplace
Fence Pool,etc. None None Fence -1,500 None
Net Ad'. total + - 12,500 M+ -:$ 6,000 M+ -is 16,610
Adjusted Sales Price Not 6.6 % Net 2.9 % Net 8.4 %
of Comparable Gross 10.1%S 202 500 Gross 11.2%$ 212 000 Gross 11.6%$ 213610
y Comments on Sales Comparison(including the subject property's compatibility to the neighborhood,etc.): All oam arables are properties that have recently
sold in the development of Pinebrook.These corn arables set the range of value for the subject.
ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
Date,Price and Data lErds None In Last None In Last None In Last
Source,for prior sales 12 Months 12 Months 12 Months
within year of appraisal Countv Records County Records County Records
Analysis of any current agreement of sale,option,or fisting of subject property and analysis of any prior sales of subject and comparables within one year of the date of appraisal:
There is currently no agreement of sale pending on the subject property.
INDICATED VALUE BY SALES COMPARISON APPROACH .........................................................................................-....... $ 212,000
INDICATED VALUE BY INCOME APPROACH d A iicable Estimated Market Ren! o.x Gross Rent Multi tier =
This appraisal is made N as is' U subject to the repairs,alterations,inspections or conditions listed below U subject to completion per plans&specifications.
Conditions of Appraisal: This appraisal is made in"AS IS'condition.The attached addenda are made an integral part of this appraisal.
Final Reconciliation: The direct sale comparison approach is considered to be the most accurate method of achieving fair market value.
Insufficient data was available to develop the income approach. Any unauthorized changes to this appraisal after it has been s ned will void
the appraisal,
The purpose of this appraisal is to estimate the market value of the real property that is the subject of this report,based on the above conditions and the certification,contingent
and limiting conditions,and market value definition that are stated in the attached Freddie Mac Form 439/FNMA form 10048(Revised 06/93 ).
1(WE)ESTIMATE THE MARKET VALUE,AS DEFINED,OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT,AS OF 11/01/11
(WHICH IS THE DA OF ECTION AN E EFFECTIVE DATE OF THIS REPORT)TO BE $ 212.000
APPRAISER: SUPERVISORY APPRAISER(ONLY IF REQUIRED):
Si nature Signature ❑Did ❑Did Not
Name Ed flopped h late Cart.RE Appraiser Name inspect Property
Data Re on !ne November 22 2011 Date Report Signed
Slate Certification# RL001154L State PA State Certification# State
Or State License# State Or State License# State
Freddie Mac Form 70 6W PAGE 2 OF 2 Fannie Mae Form 1004 6.93
Form UA2—'WinTOTAL'appraisal software by a U mode,Inc.—1.800-ALAMODE
a e#5
Supplemental Addendum FileNo.1110250e
Borrower/Client Richmond Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
city Camp Hill County Cumberland State PA Zi Cade 17011
Lender Frederick Richmond
THE DIGITAL SIGNATURE CONTAINED IN THIS REPORT IS THE SCANNED IMAGE OF AN ACTUAL
SIGNATURE AND IS PASSWORD PROTECTED.IT IS TO BE TREATED AS AN ACTUAL SIGNATURE.
INFORMATION CONCERNING ZONING WAS OBTAINED FROM LOCAL MUNICIPAL AND COUNTY ZONING
OFFICERS.
INFORMATION CONCERNING MORTGAGE TYPE AND SELLER COST HELP ON COMPARABLE
PROPERTIES WAS OBTAINED FROM AREA MULTI-LIST SERVICES AND LISTING AGENTS. IN SOME
CASES,WHERE COST HELP IS NOT LISTED ON MULTI-LIST SHEETS,AREA AGENTS CONSIDER COST
HELP INFORMATION TO BE CONFIDENTIAL AND WOULD NOT PROVIDE THIS INFORMATION TO THE
APPRAISER.
NEIGHBORHOOD BOUNDARIES ARE DETERMINED BY SURROUNDING ROADWAYS AND GEOGRAPHIC
BOUNDARIES. THEY ARE NOT HIGHLIGHTED ON ANY LOCATION MAP BUT ARE DETERMINED BY THE
APPRAISER TO REPRESENT A REASONABLE CROSS SECTION OF THE MARKET AREA SURROUNDING
THE SUBJECT.
SUBJECT SHOWS DEFERRED MAINTENANCE ON THE INTERIOR AND EXTERIOR.CHIPPED AND
PEELING PAINT ON EXTERIOR WOOD SURFACES IS EVIDENT.REAR SCREENED PORCH SHOWS
ROTTED WOOD EITHER FROM EXPOSURE TO ELEMENTS OR POSSIBLE WOOD BORING INSECTS.
INTERIOR SHOWS LACK OF MAINTENANCE WITH PAINTING.HALLWAY BATHROOM,AT THE TIME OF
INSPECTION,WAS NOT FUNCTIONAL WITH COMMODE NOT CONNECTED AND NO COVERING ON
SUBFLOOR.
SUBJECT APPEARS DATED IN THE KITCHEN AND BATH AREAS.FURNACE APPEARS FUNCTIONAL BUT
IS ALSO DATED,
SUBJECT'S PROXIMITY TO WATER VIEW REQUIRED AN ADJUSTMENT IN THE GRID SECTION OF THIS
APPRAISAL TO SIMULATE MARKET REACTION.
Signature _ Signature
Name Ed Ko nhav Cert.RE Appraiser Name
Date Signed Nokerrijb6r22,2011 Date Signed
State Certification# RL001154L State PA State Certification# State
Or State license# State Or State License# State
Form TADD2—WjnTOTAL°appraisal software by a la mode,inc.—1.800-ALAMODE
P #
Subject Photo Page
Borrower/Client Richmond,Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
City Camp Hill County Cumberland State PA Zip Code 17011
Lender Frederick Richmond
' Subject Front
320 Lamp Post Ln
Sales Price 0
r Gross Living Area 2,272
owl ',:; Total Rooms 8
Total Bedrooms 4
Total Bathrooms 2.1
Location Suburban
View Good-Water
Site 0.41 ac
ki Quality Alum&Stn/Avg.
Age 46
Subject Rear
y Subject Street
X
;A
HI
iik I
Form PICPD(.SR—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
Pa e#7
Subject Photo Page
Borrower/Client Richmond,Frederick&Richmond,Karen
Property Address 320 Lamp Post Ln
city Camp Hill County Cumberland State PA Zip Code 17011
Lender Frederick Richmond
" Subject Front
320 Lamp Post Ln
T Sales Price 0
f "'r
i ill I i Gross Living Area 2,272
Total Rooms 8
Total Bedrooms 4
Total Bathrooms 2.1
{ Location Suburban
w. View Good-Water
Site 0.41 ac
Quality Alum&Stn/Avg.
Age 46
r x Subject Rear
Subject Street
�r
Form PICPD(.SR—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
P e#8
Photograph Addendum
Borrower/Client Richmond Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
City Camp Hill County Cumberland State PA Zi Code 17011
Lender Frederick Richmond
Defective Paint
G
Deteriorated Wood
t
r
Defective Paint
y
Form GPICPDC—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
Pa e#9
Photograph Addendum
Borrower/Client Richmond Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
City Camp Hill Cou Cumberland State PA Zi Code 17011
Lender Frederick Richmond
r Screened Porch
*4.
Panting
Crawlspace
M �
r
Form GPICPIX—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
Photograph Addendum
Borrower/Client Richmond Frederick&Richmond Karen _
Property Address 320 Lamp Post Ln
City Camp Hill County Cumberland State PA Zi Code 17011
Lender Frederick Richmond
Furnace
.e
P
Sump Pump
Form GPICPIX—'WinTOTAL'appraisal software by a la mode,inc.—1.800-ALAMODE
Subject Interior Photo Page
Borrower/Client Richmond Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
city Camp Hill County Cumberland State PA Zip Code 17011
Lender Frederick Richmond
Subject Interior
320 Lamp Post Ln
Sales Price 0
Gross Living Area 2,272
Total Rooms 8
Total Bedrooms 4
Total Bathrooms 2.1
Location Suburban
View Good-Water
Site 0.41 ac
Quality Alum&StrdAvg.
Age 46
Subject Interior
Subject Interior
Form PICPD(.SI—"WMTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
Pa e#12
Subject Interior Photo Page
Borrower/Client Richmond Frederick&Richmond Karen -
Property Address 320 Lamp Post Ln -
city Camp Hill CouOy Cumberland Stale-PA Zip Code 17011
Lender Frederick Richmond
z Subject Interior
320 Lamp Post Ln
Sales Price 0
Gross Living Area 2,272
Total Rooms 8
Total Bedrooms 4
Total Bathrooms 2.1
Location Suburban
View Good-Water
Site 0.41 ac
Quality Alum&Stn/Avg.
Age 46
Subject Interior
i
Subject Interior
Form PICPIX.SI—"WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
P #
Subject Interior Photo Page
Borrower/Client Richmond,Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
City Camp Hill County Cumberland State PA Zi Code 17011
Lender Frederick Richmond
Subject Interior
320 Lamp Post Ln
Sales Price 0
Gross Living Area 2,272
Total Rooms 8
Total Bedrooms 4
Total Bathrooms 2.1
Location Suburban
View Good-Water
Site 0.41 ac
Quality Alum&Stn/Avg.
Age 46
Subject Interior
s
r
tj"
Subject Interior
.14-1
Form PICPlX.SI—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
P #14
Subject Interior Photo Page
Borrower/Client Richmond,Frederick&Richmond,Karen
Property Address 320 Lamp Post Ln
city Camp Hill County Cumberland State PA L Code 17011
Lender Frederick Richmond
Subject Interior
320 Lamp Post Ln
Sales Price 0
i.: Gross Living Area 2,272
rn �x Total Rooms 8
Total Bedrooms 4
} Total Bathrooms 2.1
Location Suburban
View Good-Water
Site 0.41 ac
Quality Alum&Stn/Avg.
Age 46
x
Subject Interior
Subject Interior
Form PICPD(.SI—"WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
P #1
Subject Interior Photo Page
Borrower/Client Richmond,Frederick&Richmond,Karen
Property Address 320 Lamp Post Ln
City Camp Hill County Cumberiand State PA Zip Code 17011
Lender Frederick Richmond
Subject Interior
320 Lamp Post Ln
Sales Price 0
Gross Living Area 2,272
Total Rooms 8
Total Bedrooms 4
t Total Bathrooms 2.1
Location Suburban
View Good-Water
Site 0.41 ac
Quality Alum&Stn/Avg.
Age 46
Form PICPlX.SI—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
P #1
Comparable Photo Page
Borrower/Client Richmond Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
city Camp Hill Courdy Cumberland State PA L Code 17011
Lender Frederick Richmond
Comparable 1
315 Lamp Post Ln
Prox.to Subject 0.06 miles SE
Sales Price 190,000
Gross Living Area 2,222
Total Rooms 8
i Total Bedrooms 4
x Iz
Total Bathrooms 2.1
i
Location Suburban
View Average
Site 0.27 ac
Quality Alum&Brk/Avg.
Age 44
.z
Comparable 2
517 Spring House Rd
4° Prox.to Subject 0.68 miles NVV
Sales Price 206,000
Gross Living Area 2,214
�:W Total Rooms 8
Total Bedrooms 4
Total Bathrooms 2.1
Location Suburban
;x View Average
Site 0.27
Quality Alum&Brk/Avg.
Age 38
Comparable 3
3806 Conestoga Rd
Prox.to Subject 0.28 miles SE
Sales Price 197,000
Gross Living Area 2,048
,•,:,, j d r" Total Rooms 8
Total Bedrooms 3
Total Bathrooms 2.1
Location Suburban
View Average
Site 0.26 ac
Quality Alum&Stn/Avg.
Age 46
Form PICPO(.CR—"WinTOTAU appraisal software by a la mode,inc.—1-800-ALAMODE
Building Sketch
Borrower/Client Richmond Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
city Camp Hill Courity Cumberland State PA Zi Code 17011
Lender Frederick Richmond
u.ar
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Comments:
AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN
Code Description Net Size Net Totals Breakdown Subtotals
GLAl First Floor 1152.00 1152.00 First Floor
GLA2 Second Floor 1120.00 1120.00 4.00 x 42.00 168.00
P/P Screened Porch 200.00 2.00 x 28.00 56.00
stoop 30.00 230.00 22.00 x 24.00 528.00
GAR Garage 528.00 528.00 20.00 x 20.00 400.00
Second Floor
26.00 x 2800 728.00
14.00 x 28..00 392.00
Net LIVABLE Area (Rounded) 2272 6 Items (Rounded) 2272
Form SKT.BldSkI—WWinTOTALW appraisal software by a la mode,inc.—1•BOD•ALAMODE
P #1
Plat Map
Borrower/Client Richmond,Frederick&Richmond,Karen
Property Address 320 Lamp Post Ln
city Camp Hill County Cumberland State PA Zi Code 17011
Lender Frederick Richmond
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Form SCNLGH—"WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
Fgr- l
Prepared Borrower/Client Richmon_dFrederick&Richmond,Karen
Property Address 320 Lamp Post Ln
CI Camp Hill County Cumberland State PA Zip Code 17011
Lender Frederick Richmond
• • • ✓ Appraisals
by T 320 Lamp Post Lane
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Map Number
Effective Date
141 r 1.1arch 16,2009
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P #20
Location Map
Borrower/Client Richmond,Frederick&Richmond,Karen
Property Address 320 Lamp Post Ln
City Camp Hill County Cumberland State PA Zip Code 17011
Lender Frederick Richmond
a la mode, inc. ` °°dyn b
517 Spring House Rd
Camp Hill,PA 17011
0.68 miles NW
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315 Lamp Post Ln
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3806 Conestoga Rd
Camp Hill,PA O U�
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0.28 miles SE
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Form MAP.LOC—'WinTOTAL'appraisal software by a la mode,inc.—1.800-ALAMODE
Pa a#21
Deed - Page 1
Borrower/Client Richmond,Frederick&Richmond,Karen
Property Address 320 Lamp Post Ln
City Camp Hill County Cumberland State PA Zip Code 17011
Lender Frederick Richmond
� �/"f''/ }•Ya RIcC 41,O..ZO.,
RECORDER OF DEEDS
CU/;SEUAND COUH7r-%
'95 HOti 1.5 All 10 08
THIS INDENTURE
MADE THE 27 t—dey of October, in the year of our Lord one
thousand n ne hundred ninety-five (1995)
BETWEEN ELLEN L. KOONTZ, Executrix of the Estate of LOUISE A.
RING, deceased, late of the Tmmship of Hampden, County of
Cumberland, and State of Pennsylvania,
Grantors
A
N
D
FREDERICK K. RICHMOND and KAREN I. RICHMOND, his Wife, of 313
Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania,
Grantees
WITHEESETH _
WHEREAS, Louise A. King died testate on July D, 1995 seized of
the hereinbelow described premises, leaving her Lest Will and
Testament dated March 21, 1995;
WHEREAS, the said Lest Will and Testament was probated on July
11, 1995 in the office of the Register of Ville of Cumberland
county, Pennsylvania and Letters Testamentary Were duly issued by
the Register of Willa to Ellen L. Koontz; and
WHEREAS, the said real property hereinbelow described was not
specifically devised;
NOW THIS SAID INDENTURE WITURBSETS, that the said Ellen L.
Koontz, Executrix aforesaid, for and in consideration of the sum
of One Hundred Seventy-Five Thousand and 00/199 ($175,000.00)
Dollars lawful money of the United States, to it in hand paid by
the said Frederick R. Richmond and Karen I. Richmond, his wife,
Grantees herein, at and before the sealing and delivery hereof,
the receipt whereof is hereby acknowledged ham granted,
bargained, sold, aliened, released and confirmed, and by these
presents does grant, bargain, sell, alien, release and confirm
unto the said Frederick K. Richmond and Karen I. Richmond, his
wife, their heirs and assigns,
ALL THAT CERTAIN lot of land situate in Hampden Township,
Cumberland county, Pennsylvania, more particularly bounded and
^rd:i 13.t
Form SCNLGH—"WinTOTAL,appraisal software by a la mode,inc.—1-800-ALAMODE
Deed - Page 2
Borrower/Client Richmond Frederick&Richmond Karen
Properly Address 320 Lamp Post Ln
city Camp Hill County Cumberland State PA Zip Code 17011
Lender Frederick Richmond
described as follows, to wit:
BEGINNING at a point on the easterly side of la Post Lane,
which point is 1979.90 feet in a northwesterly direction from the
northeast corner of Carriage House Drive and Lamp Post Lane at
the dividing line between Lots Nos. 20 and 21, Block "D" of the
hereinafter mentioned Plan; thence by Lamp Post Lane North 54
degrees, 50 minutes West 100 feet to a point at the dividing line
between Lots Nos. 21 and 22, Block aD°of the Plan; thence by
said dividing line North 35 degrees, 10 minutes Best 103.70 feet
to a point on the westerly bank of Conodoguinet Creek; thence by
same South 50 dogreeso 52 minutes, 30 seconds East 100.24 feet to
e point at the dividing line between Late 20 and 21, Block `D° of
the Plan; thence by said dividing line South 35 degrees, 10
minutes Nest 176.77 feet to a point on the easterly side of Lamp
Post Lane, the place of Beginning.
BEING all of Lot No. 21, Block °D", Plan B, of Pine Brook,
which Plan is recorded in the Cumberland County Recorder's Office
in Plan Book 19, page 6.
BRING the same premises which Pine Tree Point, Inc, a
Pennsylvania"Corporation, by deed dated September 15, 1967 and
recorded September 15, 1967 in the Cumberland County Recorder's
Office in Deed Book N, volume 22, Page 86', granted and conveyed
unto Joseph A. Icing andALOuise A. n his wife. The said
Joseph A. King died on ikU�/ 4E',thereby vesting the
entire fee title in and Lou se
UNDER AND SUBJECT, NEVERTHELESS, to conditions,
restrictions, easements and rights-of-ray of record.
TOOETHER with all and singular ways waters, water-courses,
rights, liberties,privileges, hereditament&and appurtenances
whatsoever thereunto belonging, or in anywise appertaining, and
the reversions and remainders, rents, issues and profits thereof;
and also, all the estate, right, title interest, use, trust,
property, possession, claim and demand whatsoever, in law, equity
or otherwise howsoever, of, in, to or out of the same:
TO HAVE AND TO HOLD, the said Ellen L. Koontz, Executrix,
aforesaid, hereditaments and premises hereby granted and
rolensad,or mentioned and intended so to be, with hereditaments
and promises hereby Qrented and released, or mentioned and
intended so to be, with the appurtenances, unto the said
Frederick K. Richmond and Karen I. Richmond, his wife, their
heirs and assigns, to and for the only proper use and behoof of
the said Frederick K. Richmond and Karen I. Richmond, his wife,
lOOC 131'Pdif 240
Form SCNLGH—VinTOTAL'appraisal software by a la mode,inc.—1.800-ALAMODE
Pa a#23
Deed - Page 3
Borrower/Client Richmond Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
City Camp Hill County Cumberland State PA Zi Code 17011
Lender Frederick Richmond
their heirs or assigns, forever.
The said party of the first part, for her heirs, executors and
administrators, do by these presents covenant, grant and agree to
end with the said parties of the second pert, their heirs and
assigns that they the said party of the first pert, her heirs,
all end singular the hereditaments and premises he r above
described end granted or mentioned, and intended so to be, with
the appurtenances, unto the said parties of the second part,
their heirs and assigns against them the said party of the first
pert and her heirs, against all and every other person or persons
whomsoever lawfully claiming, or to claim the same or any part
thereof shall and will warrant and forever defend.
WITNESS ue ecution hereof the day, month and year first
above to j
Y / Sy:X/ILL
Ellen L. Koontz
/ Executrix of the Estate
of Louise A. King
m 5 ��� 3
my as
� s
Ean 131 MCI 293 s g
28ss 5985 8755 jy
Form SCNLGH—"WinTOTAL°appraisal software by a la mode,inc.—1-800-ALAMODE
Pa a#2
Deed - Page 4
Borrower/Client Richmond,Frederick&Richmond Karen
Property Address 320 Lamp Post Ln
City Camp Hill County Cumberland State PA Zip Code 17011
Lender Frederick Richmond
STATE OPj��`j�
:C6
COUNTI
On this, the day of —/C 1995, before as the
undersigned offic�rsonallye r en L. Koontz
Executrix of the Estate of Louise A. King, known to me (or
satisfactorily proven) to be the person described in the
foregoing instrument, and acknowledged that she executed the same
in the capacity therein stated and for the purposes therein
contained.
seal,in witness whereof, I hereunto .my offici Eg A Yr
6AL)OT44 ~y
CERTIFICAT ,F RESIDEN �/O1•t0 �'
I do hereby certify that th precise res dente and cc bke15H�''O
post 0 fiicce address o the within named grantee is
,pPte*I-a4.- e.'zny Wit,/'A, 70i/
Attorney for
state ofa('rl�s•rl n,rP
County :as
Y �.�...�x11\t\.
RECORDED on this I�_day of L11.,( A.D. 19�,
in the Recorder's O ce of said County, in Deed Book )aA
Vol. , Page ;�_.
Given under my hand and the seal of the said office, the date
above
written.
,Recorder
.0 131,f'atF 250
Form SCNLGH—"WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE
Certification
Borrower/Client Richmond Frederick&Richmond Karen
Properly Address 320 Lamp Post Ln
city Camp Hill County Cumberland State PA L Code 17011
Lender Frederick Richmond
10 064574G 91
Commonwealth ofPennsi-h^ania.'= �
DeparpentJIi State
Bureau of Pro �'ra a I ational Af'f'airs
PO Boil AIlarrisburg -2649
Certificate Type r f t j Certificate Status ✓,
Certified Residential Appraiser O kL` ? r }�N + ActiveI
f nitial Certification 1)ate �
0810511992'
EDMUND JOHN KOPPENHAVER Certificate I
2116 SOUTHPOINT DRIVE Number
HUMMELSTOWN PA 17036
RL0011,54L Expiration Date
'06130/2013
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Form SCNLGH—'winTOTAL'appraisal software by a la mode,inc.—1-800•ALAMODE
P e 26
E & 0 Certification
Borrower/Client Richmond,Frederick&Richmond,Karen
Property Address 320 Lamp Post Ln
City Camp Hill CDun Cumberland State PA Zi Code 17011
Lender Frederick Richmond
oft. d CERTIFICATE OF LIABILITY INSURANCE °0/25°°010
`►^� 10/25/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORimn
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate doss not confer rights to the
certificate holler In lieu of such endorsement(s).
PRODUCER NA CONTACT Elisabeth Kira6el
Gunn Mowery, LLC PNONIE fi (717)761-4600 RAC No)•(7LTIT61-6359
P O Box 900 'Mai .oar249 gunm6owATry.aom
PRODUC D0004817
Camp (fill PA 17001-0900 INSURERtSi AFFORDING COVERAGE NAICA
INSURED
RISURERA:CNA
INSURERS:
Edmund J Koppenhaver INSURERC:
2116 B. Pointe Drive INSURERD:
INSURER E:
Hummelstown PA 17036 INSURER :
COVERAGES CERTIFICATE NUMBER:10-11 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LIR TYPE OFiN6URAMCE ) POUCYNWBER IAIrO�DY EFF MMIDD E%P LIMITS
GENERALUADINTY EACH OCCURRENCE 6 1,000,000
COMMERCM GENERAL U ABJUTY METES ao4emnee E
A X CLAIMS#V,DE❑OCCUR FMP13319084010 0/31/2030 0/31/2011 NED EXP VIV 0.pan-) 6
X Professional Liab PER80NAL 6 ADV INJURY S
GENERALAGGREGATE S 1,000 000
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPAP AGG 6
X POLICY M 2 LOC 6
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (ES erWCtl itI S
ALLOVJNCDAUTOS BODILY INJURY(Parpemn) S
SCl/E-0ULEDAUTOS BODILY INJURY(Per ncd/wM) S
PROPERTY DAMAGE S
HIRED AUTOS (Per exMaM,)
NONAWNMAUTOS S
S
UMBRELLA UAe OCCUR EACH OCCURRENCE 6
EXCESS MAD CLAMS-NME AGOREGATE S
OtmtE 3
RET)UCTTEMn10N S 6
WOINORSCOMPENSATION W 3TATU- 0
AND EMPLOYERS'LIABXITY YIN WRY
AM PROPRIETORIPARTNEREXECUPW E-EACH ACCIDENT 3
OFFICERIIALMSER EXQIAD ❑NIA
(M"MryIn NH) EL DISEASE-EA EMPLOYE b
If a dMabe antler
DESCRIPTION OF OPERATIONS he WI E.L.DISEASE•POLICY UNIT S
DESCRPTON OF OPEMTIDNS I LOCATIONSI VEMCLES(Attach ACOn0161,AdSUona RAmNYA SehadAa,1lmort space b eaqulretl)
Td Koppenbaver, Rachel Koppenlaaver, Rick Sellars, Joan Kraft, Gregory Roye, Cathy Brady ars insureds only while
rendering professional real estate servioas on named insured behalf for others.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVEREO IN
SAMPLE ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORISED REPRESENTATIVE
E Kimmel/ELa eM
ACORD 25(2009109) ®1988-2009 ACORD CORPORATION.All rights reserved.
INS026(2DDW The ACORD name and logo are registered marks of ACORD
Form SCNLGH—aWinTOTAL°appraisal software by a la mode,inc.—1-800-ALAMODE
KAREN I. RICHMOND, IN THE COURT OF COMMON PLEAS
Plaintiff DAUPHIN COUNTY, PENNSYLVANIA
V. NO. 09-7640
FREDERICK K. RICHMOND, CIVIL ACTION—LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
1, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney
for the Defendant, Frederick K. Richmond, hereby certify that I have served a copy of
Defendant's Pre-trial Statement on the following on the date and in the manner indicated below:
U.S.MAIL,FIRST CLASS,PRE-PAID
E. Robert Elicker, II, Esquire Maria P. Cognetti, Esquire
Cumberland County Divorce Master Maria P. Cognetti &Associates
9 North Hanover Street 3304 Market Street
Carlisle, PA 17013 Camp Hill, PA 17011
JAMES, SMITH,DIETTERICK
& CONNELLY,LLP
Dated: April 26, 2013 By:
Jo . Co ly,Jr.
Attorney I. . #15615
P.O. Box 650
Hershey,PA 17033-0650
(717) 533-3280
Attorneys for Defendant
KAREN I. RICHMOND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO: 09 - 7640 CIVIL
FREDERICK K. RICHMOND,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this
day of .._�,
2013, the economic claims raised in the proceedings having been
resolved in accordance with a marital settlement agreement
dated December 4, 2013, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT,
�"
KesFin A. Hess, P.J.
CC: Maria P. Co g netti
Attorney for Plaintiff
" John J. Connelly, Jr.
Attorney for Defendant
.4es LL
c.-j
t
x:113 !C o PM 1: ! 9
`�►"e ErRl.AND COUNTY
ENINSYLVANIA
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
FREDERICK K.RICHMOND
AND
KAREN I.RICHMOND
John J. Connelly,Jr.,Esquire Maria P.Cognetti,Esquire
JSDC Law Offices Maria P.Cognetti&Associates
P.O.Box 650 3304 Market Street
Hershey,PA 17033 Camp Hill,PA 17011
Telephone: (717)533-3280 Telephone:(717)909-4060
Counsel for Plaintiff Counsel for Defendant
t
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this '1"�' day of ZCjCp m�tZk^ , 2013, by
and between Frederick K.Richmond and Karen I.Richmond.
WITNESSETH:
WHEREAS, Frederick K. Richmond (hereinafter called "Husband") currently resides at
320 Lamp Post Lane,Camp Hill,Pennsylvania 17011;
WHEREAS, Karen I. Richmond (hereinafter called "Wife") currently resides at 136 North
4'h Street,Lemoyne,Pennsylvania 17043;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
October 13, 1985;
WHEREAS,the parties have lived separate and apart since on or about November 5,2009;
WHEREAS,there are no minor children of the marriage;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property, the
support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth,and for other good and valuable consideration,the
receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,Husband and
Wife,each intending to be legally bound hereby,covenant and agree as follows:
1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live
separate and apart. Each shall be free from all control,restraint,interference and authority,direct or
indirect,by the other. Each may reside at such place or places as he or she may select. Each may,
for his or her separate use or benefit, conduct, carry on or engage in any business, occupation,
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest,harass,disturb or malign each other,nor compel or attempt to compel the other to cohabit or
dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with
the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired
1
by the other.
2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the
opportunity to receive independent legal advice from counsel of his or her selection. Husband has
secured legal advice from John J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal
advice from Maria P. Cognetti, Esquire,her counsel. Each party fully understands the facts and his
or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is,
in the circumstances, fair and equitable, and that it is being entered into finely and voluntarily, and
that the execution of this Agreement is not the result of any duress or undue influence, and that it is
not the result of any improper or illegal agreement or agreements. In addition, each party
understands the impact of the Pennsylvania Divorce Code,whereby the court has the right and duty
to determine all marital rights of the parties including divorce, alimony, alimony pendente lite,
equitable distribution of all marital property or property owned or possessed individually by the
other,counsel fees and costs of litigation and, fully knowing the same,each party hereto still desires
to execute this Agreement acknowledging that the terms and conditions set forth herein are fair,just
and equitable to each of the parties, and waives his and her respective right to have the Court of
Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any
determination or order affecting the respective parties' rights to alimony, alimony pendente lite,
support and maintenance,equitable distribution, counsel fees and costs of litigation.
3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or
she is aware of his or her right to seek discovery including, but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has
had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law
and each is aware of his or her right to have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any
other court of competent jurisdiction. The parties do hereby acknowledge that there has been full
and fair disclosure to the other of his or her respective income, assets and liabilities, whether such
are held jointly, in the name of one party alone or in the name of one of the parties and another
individual or individuals. Each party agrees that any right to further disclosure,valuation,appraisal
2
or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties
do not wish to make or append hereto any further enumeration or statement. Specifically, each
party waives the need for copies of bank statements, insurance policies, retirement plan statements
or any other documentation. Each party wan-ants that he or she is not aware of any marital asset that
is not identified in this Agreement. The parties hereby acknowledge and agree that the division of
assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them.
Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs,
executors, administrators or assigns, that he or she will never at any time hereafter sue the other
party or his or her heirs, executors, administrators or assigns in any action of contention, direct or
indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was
any fraud, duress, undue influence or that there was a failure to have available full, proper and
independent representation by legal counsel.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties,and the parties
agree, that by this Agreement they have resolved all ancillary economic issues related to the
dissolution of their marriage and thus any divorce action with respect to these parties shall be
limited to a claim for divorce only. Wife acknowledges that she filed a Divorce Complaint in the
Court of Common Pleas of Cumberland County,Pennsylvania indexed to Docket Number 09-7640.
The parties agree that, at the time of execution of this Agreement, they will each execute an
Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order
that counsel for Wife may finalize the divorce action as soon as possible. Upon completion of the
divorce action,counsel for Wife shall supply counsel for Husband with a copy of the Decree.
5. EOUITABLE DISTRIBUTION.
A. Distribution of In-Kind Assets(See Exhibit A)
1. Real Estate.
a. Marital Residence — Husband and Wife hold title as tenants by
the entireties to the marital residence identified as 320 Lamp Post Lane, Camp Hill,
Pennsylvania. There is no outstanding mortgage associated with the real estate. Commencing on
July 1, 2011, the date Husband had sole possession of the property, Husband shall be solely
responsible for all expenses relating to the marital residence including, but not limited to, the
property taxes and insurance. Husband shall indemnify and hold Wife harmless from any
3
liability, cost, or expense, including attorney's fees incurred subsequent to the execution date of
this Agreement, in connection with any expense required to be made by Husband related to the
property.
At the time of execution of this Agreement, the parties hereby agree to execute a Deed
prepared by Husband's counsel conveying to Husband all of Wife's rights, title, claim, and/or
interest to the real estate. Husband shall be permitted to record the Deed or take any other action
with respect thereto that he deems appropriate.
b. Office Building—The parties are the owners of an office building
located at 3609 Gettysburg Road, Camp Hill, Pennsylvania,which is currently the office location
for the Center for Applied Management Practices, Inc., the business operated by Husband and
his son. It is Husband's intent to vacate the property since the business is no longer in need of an
office location. Currently, the business is paying all expenses related to the building including,
but not limited to, mortgage, taxes, insurance, and utilities. The property is currently listed for
sale with Howard Hanna Real Estate, and the current list price is $138,900.00. No offers have
been made on the property. The parties agree that the property will remain listed for sale and,
upon vacating the property by the business (thirty (30) days' notice shall be provided to that
effect), Husband shall maintain the basic expenses on the property, such as mortgage, taxes,
insurance, utilities, and necessary repairs, and shall continue to maintain the property for sale.
At the time the property is sold, Husband shall be reimbursed from the proceeds with the actual
expenses paid to maintain and repair the property after the net proceeds which shall be divided
equally between the parties. Husband shall consult with Wife to secure her consent prior to
repairs being made, consent not to be unreasonably withheld. Husband shall provide Wife with a
key to the building immediately upon his vacating the property.
The parties agree that after a period of three(3)months,the listing price shall be lowered
to an amount to be determined by the realtor based on the market conditions at the time of the
reduction. Said process is to be repeated every three(3)months until this property is sold.
C. Wife's Residence — Wife holds title to her current residence
identified as 136 North 4`h Street, Lemoyne, Pennsylvania, which was acquired by Wife after
separation. The parties acknowledge that Husband loaned to Wife the amount of$12,500 as a
down payment for the purchase of said residence from his separate property, and he is entitled to
4
reimbursement from Wife in this amount. At the time of closing, Wife purchased said residence
with marital funds in the amount of$115,355.71. Commencing on the date of execution of this
Agreement, Wife shall be and remain the sole owner of said residence, and Husband shall waive
all right, title, claim, and/or interest in the real estate. Wife shall be solely responsible for all
expenses relating to said residence including,but not limited to, the property taxes and insurance.
Wife shall indemnify and hold Husband harmless from any liability, cost, or expense required to
be made by Wife related to the property.
2. Furnishings and Personalty. The parties agree that they have divided by
agreement between themselves all furnishings and personalty located in the Marital Residence,
including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and
equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings
and personalty currently in his possession, free and clear of any right, title, claim and/or interest
of Wife and Wife shall retain all items of furnishings and personal property currently in her
possession as her sole and separate property free and clear of any right,title, claim and/or interest
of Husband.
3. Motor Vehicles.
a. Husband and Wife agree that hereafter Husband shall be and
remain the sole owner of the 2008 Toyota Highlander currently titled in joint names and the 1995
Toyota Previa currently titled in Husband's name. Wife shall execute all documents necessary to
transfer the Highlander to Husband upon execution of this Agreement. Husband agrees to
assume and pay any indebtedness relating thereto and to indemnify and hold Wife harmless from
the payment thereof
b. Husband and Wife agree that hereafter Wife shall be and remain
the sole owner of the 2003 Toyota Avalon and the 2001 Subaru Outback,both currently titled in
joint names. Husband shall execute all documents necessary to transfer both vehicles to Wife
upon execution of this Agreement. Wife agrees to assume and pay any indebtedness relating
thereto and to indemnify and hold Husband harmless from the payment thereof.
C. The parties agree that they will cooperate in effectuating the
transfer of titles and insurance to accomplish the purposes of this subparagraph.
5
4. Life Insurance. Each party shall retain any life insurance policy in their
name individually,which have no cash value, without any claim or interest by the other.
5. Health Savines Account. The parties acknowledge that Husband is the
owner of an AmeriChoice Health Savings Account, with a date of separation balance of
approximately $1,249.00. Upon execution of this Agreement, said account shall become
Husband's sole and exclusive property, free and clear of any right, title, claim, and/or interest of
Wife. The parties shall cooperate and sign any documentation necessary to effectuate the terms
of this subparagraph.
6. Businesses.
a. The. parties acknowledge that Wife received 1099 income and
royalties from Attaboy Resources, LP, after separation. Wife shall retain any and all income and
royalties from Attaboy Resources, LP, without any claim,right,title, and/or interest of Husband.
Wife shall hold Husband harmless from any liabilities, cost, or expense in connection with her
business interest named herein.
b. The parties acknowledge that Husband is a forty-nine percent
(49%) owner of The Center for Applied Management Practices, Inc., which has been valued at
zero. Husband shall retain any and all proceeds resulting from the sale of his interest in this
business, except for the inclusion of any proceeds, income, distributions, or the like, which shall
be considered as income for purposes of alimony as set forth hereinafter. Husband shall hold
Wife harmless from any liability, cost,or expense in connection with his business named herein.
C. The parties acknowledge that Husband is a fifty percent (50%)
owner of a software program known as eLogic Model 3.0, which has been valued at zero.
Husband shall retain any and all proceeds resulting from the sale of his interest in this asset,
except for the inclusion of any proceeds, income, distributions, royalties, software sales, or the
like, which shall be considered as income for the purposes of alimony as set forth hereinafter.
Husband shall hold Wife harmless from any liability, cost, or expense in connection with this
asset.
6
B. Distribution of Retirement Assets(See Exhibit B)
1. Pension and Retirement Benefits.
a. The parties acknowledge that Husband is the owner of several
retirement accounts, namely, Vanguard Rollover IRA Brokerage Account #9898, with an
approximate value of$148,763.00; Vanguard SEP IRA Mutual Fund Account#1927, with a net
marital value of $41,092.00; and a Vanguard SEP IRA Brokerage Account #2689, with an
approximate value of$27,550.00. The parties agree that Husband shall retain said retirement
accounts as his separate property, free and clear of any claim,right, title, and/or interest of Wife.
Wife shall execute any documents necessary to give effect to this subparagraph.
b. The parties acknowledge that Husband is entitled to a State
Employees' Retirement System pension in the amount of$286.56 per month until August 17,
2016. This account has a marital value of$5,671.07. The parties agree that Husband shall retain
said pension benefits as his separate property, free and clear of any claim, right, title, and/or
interest of Wife. Wife shall execute any documents necessary to give effect to this
subparagraph.
C. The parties acknowledge that Wife is the owner of Fidelity
Traditional IRA Account #5140, with an approximate balance of $163,800.00, and a pension
plan through the Pinnacle Health System, with a marital value of$54,936.00. The parties agree
that Wife shall retain said retirement benefits as her separate property, free and clear of any
claim,right,title,and/or interest of Husband. Husband shall execute any documents necessary to
give effect to this subparagraph.
d. The parties acknowledge that Husband is the owner of Vanguard
Rollover IRA Account#7114, with an approximate value of$460,850.00. In order effectuate an
equal division of the total pension/retirement benefits, the parties agree to distribute said
Vanguard Rollover IRA Account #7114 so that Husband shall transfer tax free to Wife the sum
of approximately $232,595.04. The amount actually received by Wife shall be calculated by
establishing certain values at date of distribution. Specifically,the Vanguard Rollover Brokerage
Account #9898, the Vanguard SEP IRA Brokerage Account#2689, the Fidelity Traditional IRA
Account #5140, and the Vanguard Rollover IRA Account #7114 shall be totaled at the time of
distribution. Added to that subtotal is the net marital value of the Vanguard SEP IRA
7
($41,092.00),Husband's pension benefit valued at $5,671.07, and Wife's pension benefit valued
at$54,936.00. After arriving at this total,Wife shall receive one-half of these retirement benefits
minus the value of her Fidelity Traditional IRA Account #5140 and the value of her pension
($54,936.00). The said amount shall be transferred to Wife from the Vanguard Rollover IRA in
cash without tax consequence. After all of the distribution is completed,the remaining balances
in Husband's retirement accounts shall remain Husband's sole and exclusive property, free and
clear of any right, title, claim and/or interest of Wife. In order to effectuate the transfer, the
parties agree that if necessary, they shall retain Jonathan D. Cramer, F.S.A., of Conrad Siegel
Actuaries, to prepare a Qualified Domestic Relations Order, with the cost to be shared equally
between the parties. Prior to retaining Jonathan D. Cramer, the parties shall attempt to
accomplish the tax free transfer by letter of instruction. The parties agree to cooperate in
executing any and all documents necessary to effectuate the transfer of funds to Wife. Said
documents shall be signed and implemented by the parties within thirty (30) days from the date
of this Agreement.
C. Distribution of Investment Accounts (See Exhibit C)
1. Bank Accounts/Investment Accounts.
a. The parties are the joint owners of the following bank accounts:
Charles Schwab Brokerage Account #5707, with an approximate value of $219,003.00;
Vanguard Brokerage Account#3839,with an approximate value of$94,649.00;Fidelity Account
#3340, with an approximate value of $63,340.00; F&M Trust Account #6477, with an
approximate value of $250,859.00; F&M Trust Account #6469, with an approximate value of
$133,877.00;and Susquehanna(formerly Graystone) Bank Account#1352,with an approximate
value of $142,984.00. The parties agree that they will have the balances of the Charles Schwab,
Vanguard, and Fidelity accounts referenced above divided equally in kind at the date of
distribution, which will be the date the account is divided by the broker. Each party will receive
an equal amount from the cash and stocks in each account so that their shares after division are
equal in all regards, including basis. Wife shall create a separate account of her own with each
of the above brokerages (Schwab, Vanguard, and Fidelity) in order to receive the distribution
contemplated by this Agreement.
8
b. The bank accounts with F&M Trust Account #6477, F&M Trust
Account #6469, and Susquehanna Account#1352 shall be divided between the parties based on
the following formula/process:
First, the aggregate value of all three accounts (F&M Trust Account#6477, F&M
Trust Account #6469, and Susquehanna Account #1352) will be determined as of the date of
distribution. The sum of$10,000.00, which represents monies due back to the account, shall be
added to the aggregate value and the sum of$6,886.76,which represents non-marital monies due
Husband, shall be subtracted from the aggregate value to determine the net value for distribution
to the parties. Wife shall receive one-half of that amount plus an additional $28,290.04 from
Husband's one-half share. This additional$28,290.04 is the net result of the following:
i. Wife is owed an additional $52,428.65 to effect a fifty/fifty distribution of
property of the in-kind assets(See Exhibit A); and
ii. Husband is owed the sum of$24,138.61 for various payments made on
Wife's behalf and further enumerated as follows:
(a) the sum of$3,187.00 for taxes paid by Husband in 2010 on Wife's
royalties from Attaboy Resources, LP;
(b) the sum of$179.11 for taxes paid by Husband in 2011 on Wife's
royalties from Attaboy Resources, LP;
(c) the sum of$7,500.00 advanced by Husband to Wife for payment
of Wife's attorney's fees;
(d) the sum of$772.50,which represents half of the total sum paid by
Husband for the preparation of the parties'joint federal income tax
returns for 2009,2010, and 2011;and
(e) the sum of$12,500.00 as described above in paragraph 5A(3).
iii. The difference between$52,428.65 and$24,138.61 results in an additional
sum due Wife of$28,290.04.
The amount distributed to each party takes into consideration all other assets distributed
to either party under the terms of this Agreement. This distribution is in full satisfaction of the
equitable distribution claims of either party. After the division as set forth herein, the said
accounts shall become Husband's sole and exclusive property, free and clear from any further
9
claim of Wife. The parties agree that they shall execute any and all documents necessary to
implement the terms of this subparagraph.
2. Fidelity Account #3207. The parties acknowledge that they are joint
owners of Fidelity Account #3207, with an approximate balance of $25,792.00. The parties
hereby agree to divide the account equally on the date of distribution so that the parties' son,Eric
Healy, shall become the owner of Husband's share of the account, and Wife shall become the
owner of her share of the account. The parties shall cooperate and sign any documentation
necessary to effectuate the terms of this subparagraph.
3. Miscellaneous Accounts. The parties agree that any and all remaining
financial accounts, including but not limited to, all checking accounts, savings accounts, money
market accounts, certificates of deposit, and investment accounts not otherwise distributed
herein, in existence as of the date of separation, have been distributed between the parties by
mutual agreement. Any financial accounts not mentioned specifically hereinabove remain the
sole and separate property of the party to whom the bank account is titled as of the date of
execution of this Agreement, free and clear of any right,title, claim, and/or interest of the other.
D. Summary of Distribution. The charts attached to this Agreement as Exhibits A
through C are intended to depict the distributions called for in Paragraphs 5A through 5C. The
parties acknowledge that upon the date of distribution the figures may change slightly due to
fluctuation in the market.
E. Miscellaneous Property. As of the execution date of this Agreement, any
and all property not specifically addressed herein shall be owned by the party to whom the
property is titled; and if untitled, the party in possession. This Agreement shall constitute a
sufficient bill of sale to evidence the transfer of any and all rights in such property from each to
the other.
F. Property to Wife. The parties agree that Wife shall own,possess, and enjoy, free
from any claim of Husband, the property awarded to her by the terms of this Agreement.
Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and
relinquishes any and all rights thereto, together with any insurance policies covering that
property, and any escrow accounts relating to that property. This Agreement shall constitute a
10
sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband
to Wife.
G. Property to Husband. The parties agree that Husband shall own, possess, and
enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement.
Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and
relinquishes any and all rights thereto, together with any insurance policies covering that
property, and any escrow accounts relating to that property. This Agreement shall constitute a
sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
6. DEBTS.
A. Marital Debt.There is no marital debt of the parties, except as otherwise listed in
this Agreement.
B. Liability not Listed. Each party represents and warrants to the other that he or
she has not incurred any debt, obligation or other liability, other than those described in this
Agreement, for which the other party is or may be liable. A liability not disclosed in this
Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it,
and such party agrees to pay it as the same shall become due, and to indemnify and hold the
other party and his or her property harmless from any and all debts,obligations and liabilities.
C. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated
seeking to hold Wife liable for the debts or obligations assumed by Husband under this
Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or
proceeding, whether or not well-founded, and indemnify her and her property against any
damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
D. Indemnification of Husband. If any claim, action or proceeding is hereafter
initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this
Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or
proceeding, whether or not well-founded, and indemnify him and his property against any
damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Husband in connection therewith.
11
E. Warranty as to Future Obligations. Husband and Wife each represents and
warrants to the other that he or she will not at any time in the future incur or contract any debt,
charge or liability for which the other, the other's legal representatives, property or estate may be
responsible. From the date of execution of this Agreement, each party shall use only those credit
cards and accounts for which that party is individually liable and the parties agree to cooperate in
closing any remaining accounts which provide for joint liability. Each party hereby agrees to
indemnify, save and hold the other and his or her property harmless from any liability, loss, cost
or expense whatsoever,including actual attorneys' fees,incurred in the event of breach hereof.
7. INCOME TAX. The parties have heretofore filed joint federal and state tax
returns. Both parties agree that, in the event any deficiency in federal, state or local income tax
is proposed or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment and any interest,penalty and expense incurred in connection therewith.
Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or failures to disclose the nature and
extent of his or her separate income on the aforesaid joint returns.
8. SUPPORT/ALIMONY.
The parties acknowledge that there is a spousal support Order in place docketed
in the Court of Common Pleas of Cumberland County, Pennsylvania, PASCES Case No.
800112398. Upon the entry of a final decree in divorce, Wife agrees to promptly request a
termination of the spousal support Order retroactive to the date of the divorce. The parties
acknowledge that, at the time of its termination, the spousal support Order will automatically
convert to an Order for alimony. The parties specifically agree that any arrearages or credits,
which existed as of October 31, 2013, will be waived. The parties further acknowledge that Wife
will have unreimbursed medical expenses as a result of appointments and procedures which
occurred through the date of the divorce. Husband acknowledges that he will owe Wife ninety
(90%) percent of those unreimbursed medical expenses under the current spousal support Order,
and that said expenses have not yet been determined. Husband agrees to reimburse Wife for any
monies due within 15 days of being presented with the proper documentation of said medical
expenses. Wife shall submit all expenses currently known to her within fifteen days of the date
12
of this Agreement. Any new expenses prior to the entry of the Divorce Decree shall be
submitted to Husband within fifteen days of the determination of the uncovered balance.
Effective November 1, 2013, Husband shall pay to Wife in the form of spousal support,
which shall convert to alimony upon the entry of the Divorce Decree, the sum of$2,000.00 per
month. The parties acknowledge that this amount will be subject to review in 2015 upon
Husband finalizing his 2014 tax retum. Monthly alimony payments shall be due on or before the
5th day of each month and shall be non-modifiable for any reason prior to January 1, 2015
except for the death of either party or Wife's remarriage or cohabitation as defined by 23
Pa.C.S.A. §3706 and interpreted by existing case law.
From January 1, 2015, forward, an amount shall be determined as set forth herein as to
future payments. From January 1, 2015, Husband shall be responsible for a payment
representing nineteen percent (19%) of his gross earned income. For the purposes of this
agreement, gross earned income shall be defined as wages, salaries, or other forms of
compensation, and net earnings from self-employment (gross earnings less business expenses).
Gross earned income shall also include royalties, software sales, distributions from business
entities presently owned or acquired in the future, and the proceeds from the sale of eLogic
Model 3.0 and The Center for Applied Management Practices, Inc. previously referenced herein.
Gross earned income shall not include interest and dividends earned on investment accounts,
retirement income, social security, or any portion of Husband's income from investments
including assets distributed under this Agreement.
If there is a question as to Husband's actual earned income, Husband agrees to cooperate
with Wife in producing documents to substantiate his income as requested by Wife's accountant.
Furthermore, with regard to any distributions and income from The Center for Applied
Management Practices, Inc., Husband agrees that, for the purpose of calculating his earned
income, he will be attributed with forty nine (49%) percent of all distributions and income
regardless of how the distributions and income were actually distributed. With regard to
distributions and income from eLogic Model 3.0, Husband agrees that, for the purpose of
calculating his earned income, he will be attributed with fifty (50%) percent of all distributions
and income regardless of how the distributions and income were actually distributed.
13
Husband shall endeavor to have his tax returns filed no later than March 1St of each year
and will provide Wife with a copy of the return at the time of the filing. Any increase in alimony
from the preceding year shall be retroactive to January 1St. Any decrease in the alimony from the
preceding year shall be retroactive to thirty days prior to the date Husband has filed his return
and provided Wife with a copy (i.e. if Husband files his return on March 1St then retroactivity
would be February 1St). In no event shall Husband file his return later than April 15 of each year.
If an adjustment to Wife's alimony is warranted under the terms of this paragraph, and
such adjustment results in an arrearage or a credit, once said arrearage or credit is calculated, it
shall be divided by ten and shall be added to or deducted from Wife's monthly alimony payment
as the situation requires. The parties agree that said monthly alimony payments to Wife shall
continue at the then current rate until a new Order for alimony has been entered.
The parties acknowledge that there may come a time when Husband retires and no longer
has gross income as defined herein. In that event, Husband's alimony obligation shall be
reduced to one dollar per year. Husband shall continue to have an obligation to provide Wife
with a copy of his filed tax return each year to verify that Husband's status has not changed. If at
any point after Husband's retirement his earned income changes, Wife shall be entitled to
alimony based on the formula provided herein. Husband agrees to give Wife sixty (60) days'
notice of his intent to retire.
The said payments as adjusted in 2015 shall continue subject to future years' adjustments
until Husband no longer has any earned income as defined above; however, subject to the terms
of the prior paragraph.
Said alimony payments shall be entered as an Order through Domestic Relations effective
November 1, 2013. Counsel for Wife shall be responsible for notifying Domestic Relations and
sending the necessary documentation to effectuate the terms under this paragraph.
Said monthly alimony payments shall terminate upon the first to occur of the following:
(1)the terms described above;
(2)death of Husband;
(3) death of Wife; or
(4) Wife's remarriage or cohabitation, as defined by 23
Pa.C.S.A. §3706 and interpreted by existing case law.
14
All such payments by Husband to Wife shall be deemed alimony, as defined in Section
71 (b )(1) (A)of the Internal Revenue Code, as amended, and as said section is amplified by the
provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or
regulations related thereto. Payments from Husband,when received by Wife, shall be deductible
in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as
amended,or any similar future laws or regulations thereto, and shall be includable in the year of
receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue
Code, as amended,or any similar future laws or regulations thereto.
9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waive all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania or any other jurisdiction.
10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically
set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights
and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying
a beneficiary designation which belongs to the other party under the terms of this Agreement,
including, but not limited to, pensions and retirement plans of any sort or nature, deferred
compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay
checks or any other post-death distribution scheme, and each party expressly states that it is his
and her intention to revoke by the terms of this Agreement any beneficiary designations naming
the other which are in effect as of the date of execution of this Agreement. If and in the event the
other party continues to be named as beneficiary and no alternate beneficiary is otherwise
designated,the beneficiary shall be deemed to be the estate of the deceased party.
11. RELEASE OF CLAIMS.
A. Wife and Husband acknowledge and agree that the property dispositions
provided for herein constitute an equitable distribution of their assets and liabilities pursuant to
15
§3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their
property except as provided for in this Agreement. Furthermore, except as otherwise provided
for in this Agreement, each of the parties hereby specifically waives, releases, renounces and
forever abandons any claim, right, title or interest whatsoever he or she may have in property
transferred to the other party pursuant to this Agreement or identified in this Agreement as
belonging to the other party, and each party agrees never to assert any claim to said property or
proceeds thereof in the future. The parties have divided between them to their mutual satisfaction,
personal effects, household goods and furnishings and all other articles of personal property which
have heretofore been used in common by them, and neither party will make any claim to any such
items which are now in the possession or under the control of the other. Should it become
necessary, each party agrees to sign any title or documents necessary to give effect to this
paragraph, upon request. However, neither party is released or discharged from any obligation
under this Agreement nor any instrument or document executed pursuant to this Agreement.
Husband and Wife shall hereafter own and enjoy independently of any claim or right of the
other, all items of personal property, tangible or intangible, acquired by him or her from the
execution date of this Agreement, with full power in him or her to dispose of the same fully and
effectively for all purposes.
B. Except as specifically provided herein, each party hereby absolutely and
unconditionally releases and forever discharges the other and the estate of the other for all
purposes from any and all rights and obligations which either party may have or at any time
hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony,
equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic
or otherwise, whether arising out of the marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well
as under any other law of any other jurisdiction,except and only except all rights and obligations
arising under this Agreement or for the breach of any of its provisions. Neither party shall have
any obligation to the other not expressly set forth herein.
C. Except as otherwise set forth in this Agreement, each party hereby
absolutely and unconditionally releases and forever discharges the other and his or her heirs,
executors, administrators, assigns, property and estate from any and all rights, claims, demands
16
or obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance,
or under the intestate laws or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory of the United States,or any other country.
D. Except for the obligations of the parties contained in this Agreement and
such rights as are expressly reserved herein, each party gives to the other by the execution of this
Agreement an absolute and unconditional release and discharge from all causes of action, claims,
rights or demands whatsoever in law or in equity, which either party ever had or now has against
the other.
12. PRESERVATION OF RECORDS. Each party will keep and preserve for a
period of four(4) years from the date of their Divorce Decree all financial records relating to the
marital estate, and each party will allow the other party access to those records in the event of tax
audits.
13. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
14. SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be void, invalid or unenforceable,the remaining provisions hereof shall
nevertheless survive and continue in full force and effect without being impaired or invalidated
in any way.
15. BREACH. If either party hereto breaches any provision hereof, the other party
shall have the right, at his or her election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him or her. The non-breaching party shall be entitled to
recover from the breaching party all costs, expenses and legal fees actually incurred in the
enforcement of the rights of the non-breaching party.
17
16. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
17. NOTICE. Any notice to be given under this Agreement by either party to the
other shall be in writing and may be accomplished by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Frederick K.Richmond
320 Lamp Post Lane
Camp Hill,PA 17011
and to Wife,if made or addressed to the following:
Karen I. Richmond
136 North 4t'Street
Lemoyne,PA 17043
Notice shall be deemed to have occurred upon the date received by the recipient. Each party
may change the address for notice to him or her by giving notice of that change in accordance
with the provisions of this paragraph.
18. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
19. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
20. EFFECTIVE DATE. This Agreement shall become effective and binding upon
both parties on the execution date.
21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated even if the parties
effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This
Agreement also shall continue in full force and effect in the event of the parties' divorce. There
18
shall be no modification or waiver of any of the terms hereof unless the parties in writing execute
a statement declaring this Agreement or any term of this Agreement to be null and void.
22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text
of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall
bind the parties hereto and their respective heirs, executors, administrators, legal representatives,
assigns,and successors in any interest of the parties hereto.
24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully
read this Agreement; that he or she has discussed its provisions with an attorney of his or her
own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that
this instrument expresses the entire agreement between the parties concerning the subjects it
purports to cover and supersedes any and all prior agreements between the parties. This
Agreement should be interpreted fairly and simply, and not strictly for or against either of the
parties.
25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver
to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations,
tax returns, and other documents, and shall do or cause to be done every other act or thing that
may be necessary or desirable, to effectuate the provisions and purposes of this Agreement. If
either party unreasonably fails on demand to comply with these provisions,that party shall pay to
the other party all attorney's fees, costs, and other expenses actually incurred as a result of such
failure.
26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated
into a decree of divorce for purposes of enforcement only,but otherwise shall not be merged into
said decree. The parties shall have the right to enforce this Agreement under the Divorce Code
of 1980, as amended, and, in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not
waived or released.
19
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the
date hereinabove set forth.
L
W S Frederick K. Richmond
WI ESS Karen I.Richmond
20
2
DISTRIBUTION OF IN-KIND ASSETS
320 Lamp Post Lane,Camp Hill $212,000.00 $212,000.00
3609 Gettysburg Road, Camp Hill
Integrity Bank business loan#0850
Clearfield Co. Property- IN only $0.00 $0.00
Mone for Purchase of Wife's House $115,355.71 $115,355.71
PSECU Regular Shares#0171 Used by Parties
PSECU Checking#0171 for living
PSECU Money Market#0171 expenses after
PSECU Regular Shares#0077 separation
PSECU Checking#0077
PSECU Monex Market$#0077
1995 Toyota Previa won't pass inspection) $264.00 $264.00
2001 Subaru Outback $2,650.00 $2,650.00
2003 Toyota Avalon $4,550.00 $4,550.00
2008 To ota Hi hlander 101K miles $13,900.00 $13,900.00
Protective Lie ins. Go. 418b4 Term onFy
USAA Term only
Center for Applied Management Practices $0.00 $0.00
Trademark for eLo is Model $0.00 $0.00 jpi
Kim=ea 1 Americhoice H.S.A. $1,249.00 $1,249.00
Total of In-Kind Assets Distributed $349,968.71 $227,413.00 $122,555.71
Distrubution Due from Husband's Share of
Cash Assets in Exhibit C, Section III $ (52,428.65) $ 52,428.65
Last Printed: 12/5/2013 9:27 AM
�r+
DISTRIBUTION OF RETIREMENT ACCOUNTS
Vanguard IRA-Vanguard Funds (#7114)
"Rollover IRA" $460,850.00 $228,255.00 $ 232,595.00
Vanguard IRA- Brokerage Assets(#9898)
"Rollover IRA" $148,763.00 $148,763.00
Van uard Sep IRA-Vanguard Funds #1927 $149,795.00 $149,795.00
Minus Post Sep Contributions $108,703.20 $108,703.20
Vanguard Sep IRA- Brokerage Assets #2689 $27,550.00 $27,550.00
Fidelitv Traditional IRA#5140 $163,800.00 $163,800.00
Pinnacle Health Pension $54,936.00 $54,936.00
SERS $5,671.00 $5,671.00
Total Distribution of Retirement Accounts $902,661.80 $451,330.80 $ 451,331.00
Last Printed: 12/5/2013 9:27 AM
}
*=#. ¥
a'�.
SECTION I - DISTRIBUTION OF INVESTMENT ACCOUNTS PER PARAGRAPH 5.C.1.a
Charles Schwab#5707 $219,003.00 $109,501.50 $109,501.50
Transferred to
Vanguard Money Market Fund#7070 #3839
Vanguard Money Market Fund#3839 $94,649.00 $47,324.50 $47,324.50
Fidelity Account#3340 $63,340.00 $31,670.00 $31,670.00
TOTAL DISTRIBUTION OF INVESTMENT
ACCOUNTS $376,992.00 $188,496.00 $188,496.00
SECTION II - DISTRIBUTION OF CASH ACCOUNTS PER PARAGRAPH 5.C.1.b
Sus uehanna/Gra stone Bank#1352 $142,984.00
F&M Trust#6469 $133,877.00
F&M Trust#6477 $250,859.00
Subtotal $527,720.00
Add Back Monies Taken by Husband Post
.Separation $ 10,000.00
Subtract Non-Marital Monies Deposited by
Husband Post Separation $ 6,886.76
Subtotal -Net Marital Value for Distribution $530,833.24
Multiply Marital Value by 50% 50%
Amount Due Wife Before Credits $ 265,416.62
SECTION III-APPLICATION OF CREDITS AND NET CASH PAYMENT DUE EACH PARTY
Amount due Wife from Husband to
Equalize In-Kind Distributions See Exhibit A $ 52,428.65
Subtract Credits Due Husband Per Paragraph
5.C.1.b $24,138.61
Net Amount due Wife from Husband's share of
cash assets $ 28,290.04
Total Due Wife-$265,416.62 plus
$28,290.04 equals $ 293,706.66
Total Due Husband -$265,416.62 minus
$28,290.04 equals $ 237,126.59
Last Printed: 12/5/2013 9:27 AM
C ILEO-Of'EIU
o THE P RO i HOMO TAM
2113 DEC 18 PM 3: 23
CUMBERLAND COUNTY
PENNSYLVANIA
KAREN I. RICHMOND, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 2009-7640
FREDERICK K. RICHMOND, : CIVIL ACTION—LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 5, 2009.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days
have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: / /// sue,! .411111611
KM N I. RICH OND
THE PROTNONOTAk
2013 DEC 18 PH 3: 23
CUMBERLAND COUNTY
PENNSYLVANIA
KAREN I. RICHMOND, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 2009-7640
FREDERICK K. RICHMOND, : CIVIL ACTION—LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date: ) /Y/ I 74/fr'2'
• REN I. RICHMOND
KAREN I. RICHMOND, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
tom , t
v. : NO. 09-7640 - o
tt c:11,
C<:3
FREDERICK K. RICHMOND, : CIVIL ACTION—LAW
va co
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT 2 G colt
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was Bled WI
November 5, 2009.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of Intention
to request entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER 3301(c)OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn
falsification to authorities.
Date: jZ , 2013 i ( .
Frederick K. Richmond, Defendant
►-ILr -OF FICE
::; THE PROTHDNOTAR`r
2013 DEC 18 PIS 3: 23
CUMBERLAND COUNTY
PENNSYLVANIA
COGNETTI&ASSOCIATES
MARIA P.COGNETTI,ESQUIRE
Attorney I.D.No.27914
3304 Market Street
Camp Hill,PA 17011
Telephone No.(717)909-4060
Attorneys for Plaintiff
KAREN I. RICHMOND, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 2009-7640
FREDERICK K. RICHMOND, : CIVIL ACTION—LAW
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Service was accepted by the
Defendant on November 14, 2009, by certified mail, return receipt requested, receipt number
7005 0390 0005 2244 2634.
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the
Divorce Code: by Plaintiff, on December 4, 2013;by Defendant, on December 4,2013.
4. Related claims pending: Settled by Agreement dated December 4, 2013.
5. (Complete either(a) or(b).)
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: Waiver is being filed simultaneously herewith.
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: Waiver is being filed simultaneously herewith.
COGNETTI & ASSOCIATES
)(eziot.. •h
Date: December 16, 2013 By:
%'
MARIA P. COG ETT 1 SQUIRE
Attorney I.D.No. 2791'
3304 Market Street
Camp Hill,PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
•• IN THE COURT OF COMMON PLEAS OF
KAREN I. RICHMOND : CUMBERLAND COUNTY, PENNSYLVANIA
V. :
FREDERICK K. RICHMOND : NO. 2009-7640
DIVORCE DECREE
AND NOW,23 2003 , it is ordered and decreed that
KAREN I. RICHMOND , plaintiff, and
FREDERICK K. RICHMOND , 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. The terms of the parties' Property Settlement Agreement dated December
14, 2013, which is attached hereto, are incorporated herein but not merged
herewith.
By the C rt
•1 Y
..z,- ,
-.i —, , Thomas A.Placey
'- i �F : - Attest: Common Pleasgudge
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