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Home My WebLink About10-1082ELIZABETH BARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GEORGE BARNER, NO. Defendant IN DIVORCE C.. („ NOTICE TO DEFEND SAIDIS, FWM7ER LUN OSA & A AATUW 26 West High Street Carlisle, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 3 Sa , Cad Cumberland County Bar Association 32 South Bedford Street 1 ! g . S' d - 3 Rdd Y Cts Carlisle PA 17013 ,4170 . to eK* awwc) 12- a3ys's7 (717) 249-3166 or 800-990-9108 1, r 10 h S: I UJ z 1 033 01 Oz SAIDIS, FLZE" LINDSAY Carol J. Linds y, sl Attorney Id. 4 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 7'iIK ELIZABETH BARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION f- LAW GEORGE BARNER, NO 1O - / D K -- E t A Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNT I - COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Elizabeth Barner, an adult individual, residing at 618 Prospect Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is George Barner, an adult individual, residing at 66 Jumper Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 18, 1955 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the FLOWER ? LINDSAY 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II - DIVORCE UNDER SECTION 3301(a) OF THE DIVORCE CODE 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. Defendant has offered to Plaintiff, an innocent and injured spouse, such indignities as to render her condition intolerable and her life burdensome. COUNT III - EQUITABLE DISTRIBUTION 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT IV SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 12. The averments in paragraphs 1 through 11 are incorporated hereto as if fully set forth herein. 13. Plaintiff is unable to provide for her reasonable needs in the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony ,RR ? F LINDSAY A'IUW 26 West High Street Carlisle, PA Pendente Lite. COUNT V ATTORNEY'S FEES AND COSTS 14. The averments in paragraphs 1 through 13 are incorporated hereto as if fully set forth herein. 15. Plaintiff is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. SAIDIS, FLOWER & LINDSAY Carol J. Linds 'y, E wire Attorney Id. 693 26 West High et Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. lizab Barner Date: z`1.6-1?a SA )IS, FWNWR & LINDSAY nr uw 26 West High Street Carlisle, PA ELIZABETH GARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ?i GEORGE GARNER, NO. Defendant IN DIVORCE c? !w ° ?. PETITION FOR EMERGENCY RELIEF .., -? rn rv AND NOW, comes Elizabeth Barrier, by and through her couns ..Saidis;y Flo a '& r ?n Lindsay, and petitions this Honorable Court as follows: v 1. Petitioner is an adult individual who resides in the home of her daughter at 618 Prospect Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. She was born on February 27, 1931 and is 78 years of age. 2. Respondent is George Barner who resides at 66 Jumper Road, Shippensburg, Cumberland County, Pennsylvania 17257. He was born on May 4, 1935 and is 74 years of age. 3. The parties were married on June 18, 1955 and separated on January 31, 2010. The marriage is of 55 years duration. 4. For the last two years, Respondent has engaged in a romantic relationship FLC RR & LINDSAY 26 West High Street Carlisle, PA with Tammy Carbaugh, upon information and belief, a woman approximately 30 years his junior. 5. From time to time over the past two years, upon information and belief, Respondent has expended marital assets to purchase gifts of jewelry, lingerie and other items for Tammy Carbaugh. 6. Recently, Petitioner found documentation at the marital home of Respndent's naming Tammy Carbaugh as the beneficiary of some investments which he was newly purchasing on the advice of M&T Bank that $20,000.00 or more in savings might be more profitably invested. 7. The marital estate, so far as Petitioner is aware, consists of the following: a. Two tracts of real estate, one the marital home on four acres worth estimated $250,000.00, unencumbered by a mortgage in which Respondent continues to reside and 25 acres adjacent worth an estimated $250,000.00. b. Nine vehicles titled in the name of Respondent and one vehicle in Petitioner's name. C. A single joint money market account at Merrill Lynch with an unknown value. d. Two bank accounts owned by Respondent and four bank accounts owned by Petitioner. Upon information and belief, Respondent's bank accounts, in total, are worth more than double Petitioner's bank accounts. e. Two Ameritrade accounts, both jointly owned, with a combined value of approximately $50,000.00. f. Merrill Lynch accounts separately titled with an unknown value, but the account titled to Petitioner contains approximately $40,000.00 from an inheritance. g. Two IRAs of equivalent amount each in the name of one of the parties. h. Respondent's pensions. i. Respondent's whole life insurance policy at Prudential. 8. There are only three financial accounts in joint names. The balance of the FI? RR & LINDSAY A•IW 26 West High Street Carlisle, PA accounts, including the accounts into which Respondent's substantial retirement funds are deposited, are in the name of the Respondent. 9. On the same day as the date of this Petition, Petitioner filed a Complaint in Divorce, a copy of which is attached hereto as Exhibit "A", seeking inter alia., equitable distribution. 10. Petitioner believes and therefore avers that without an Order of Court prohibiting dissipation of marital assets and alteration of beneficiary designations, that the marital estate is at risk. 11. No judge has been assigned to this case. 12. Respondent, so far as Petitioner is aware, has no attorney and, given the nature of this Petition, his concurrence in the relief requested has not been sought. WHEREFORE, Petitioner prays this Honorable Court to issue an Order on both parties not to transfer, alienate, sell, convey or otherwise dissipate any interest in any property the parties owned as of the date of the filing of this Petition and, after a hearing, to order the Respondent to provide documentation that the Petitioner is the beneficiary of any account of policy for which a beneficiary designation is customarily provided, and that the Respondent not transfer, alienate, sell, convey or otherwise dissipate any interest in any property pending equitable distribution. SAIDIS, FLOWER & LINDSAY i Carol J. Linds*, E quire Attorney Id. 46 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ELIZABETH GARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. GEORGE BARNER, Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FL.OWER-& LINDSAY SAIDIS, :;WNWR & LINDSAY xrnow.?xs?:uw 26 West High Street Carlisle, PA Carol J. Linds y, squire Attorney Id. 446-93 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ELIZABETH GARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. GEORGE BARNER, : Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNT I - COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Elizabeth Barner, an adult individual, residing at 618 Prospect Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is George Barner, an adult individual, residing at 66 Jumper Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 18, 1955 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the SAIDIS, ZAWER & LINDSAY 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II - DIVORCE UNDER SECTION 3301(a) OF THE DIVORCE CODE 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. Defendant has offered to Plaintiff, an innocent and injured spouse, such indignities as to render her condition intolerable and her life burdensome. COUNT III - EQUITABLE DISTRIBUTION 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT IV SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 12. The averments in paragraphs 1 through 11 are incorporated hereto as if fully set forth herein. 13. Plaintiff is unable to provide for her reasonable needs in the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony SAIDIS, 4JOWER & LINDSAY MIMMU-MAW 26 West High Street Carlisle, PA Pendente Lite. COUNT V ATTORNEY'S FEES AND COSTS 14. The averments in paragraphs 1 through 13 are incorporated hereto as if fully set forth herein. 15. Plaintiff is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, E wire Attorney Id. 4693 26 West High et Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, SOWER & LINDSAY erroar?s?,vuw 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. lizab Barner Date: Z-1-5-110 { WER ? LINDSAY ,?'mwvExs•,v uw 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Elizab Barner Date: -7 16 /l 0 SAWIS, FLOWER & LENDSAY 26 West High Street Carlisle, PA 11 FEB '16 2010 ELIZABETH BARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ?-7-?-/?.?,.? NO. 16 468;tl 0 t c-) ` 1 GEORGE BARNER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this J ?I L day of Feb , 2010, upon consideration of the within Petition for Emergency Relief, a hearing is set for the FA day of 2010, in Court Room Number of the Courthouse in Carlisle, Pennsylvania at - 3? o'clock AM. Pending the hearing, the parties are hereby ordered and directed not to transfer, alienate, sell, convey or otherwise dissipate any interest in any property the parties owned as ?> 6?4zn of January 31, 2010. Ve is further ordered and directed to bring to the hearing, the most recent beneficiary designations which he has made for his M&T (Nationwide) IRA, his Prudential whole life insurance policy and for any other account for which he has designated a beneficiary. BY THE COURT, SAIDIS, FLOWER & LINDSAY ATTORNEYS- AT-26 West High Street Carlisle, PA f _. n-o C ' c:n r CD n? ELIZABETH BARNER, n r? IN THE COURT OF COMMON PLEA Plaintiff CUMBERLAND COUNTY, P SYRANtA V. CIVIL ACTION - LAW T? NO. 'C - %O 2? - GEORGE BARNER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and says that on February 20, 2010, 1 served a true and correct copy of the Complaint in Divorce and Petition for Emergency Relief upon Defendant, by mailing the document to his address at 66 Jumper Road, Shippensburg, PA 17257, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, George Barner. Respectfully submitted, SA )IS, F? R& AT10Ve"t9AT•tAW 26 West High Street Carlisle, PA Dated: SAIDIS,.--LOWER 8ytWSAY Z °A Carol J. Lindsy, E Attorney Id. 46 26 West High Stree- Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff W4mVlste Items 1, 2, and 3. Also complete lam 4 N Reetricbed D Uvery Is dedred. r P ft your, name and address on the reverse so that we can return the card to you. ¦ A tech this card to the back of the mallplece, or on the front If space permits. 1. Amide Addressed to: (S-u r / cur /L r (.L,?( r 310 d- f rj r?as7 X AqeM Addream B. Received by Nwm) C Ddl?of Dopey D. Is del very address dl oom, from bm 17 ? Yea K YES, eater deRmy address below: 0 No 3. Service Type 0 cwmw man E3 E,?rese Mall O RepbWW 0 Rolum Receipt for Merdmdlss 0 marred Mail 0 O.O.D. 2. ArWoNutrbw 7003 3110 0004 5771 0937 MwmLIrkm amlbe A*o Po Form 3511, February 2004 DorrNeMr P'sm. R.o.lpc ,ogee aQ?,a.o SAIDIS, FLOWER & LINDSAY ATTORNM-AT-1 26 West High Street Carlisle, PA ELIZABETH BARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2010-1082 CIVIL GEORGE BARNER, Defendant IN DIVORCE PETITION FOR OFFICE CONFERENCE AND NOW, comes ELIZABETH BARNER by and through her counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. Petitioner is Plaintiff in the above matter. 2. Respondent is Defendant in the above matter. 3. The parties hereto are husband and wife having been joined in marriage on May 18, 1955. Petitioner filed a Complaint in Divorce on February 12, 2010, which petition contained the Count for Support, Alimony Pendente Lite and Alimony. 4. Petitioner has sought spousal support and the support conference is scheduled for March 1, 2010 in the office of Domestic Relations. 5. Petitioner desires to set at the same time a conference on her claim for Alimony Pendente Lite. 6. No Judge has been assigned to this case and Respondent, so far as Petitioner is aware, is unrepresented by counsel and is deemed to oppose this Petition. WHEREFORE, Petitioner prays that this Honorable Court enter a maximum fair award SAIDIS, FLOWER & LINDSAY A77()W%'YS-AT.1Aw 26 West High Street Carlisle, PA for alimony pendente lite during the pendency of this divorce action. UIL` SAIDIS, FLOWER & LINDSAY Carol J. Kinds 4r, Esquire Suprem ID No. 44 26 West High Street Carlisle, PA 17013 717-243-6222 coloj 40 D 0 ELIZABETH BARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2010-1082 CIVIL GEORGE BARNER, Defendant IN DIVORCE VERIFICATION I, Carol J. Lindsay, attorney for Elizabeth Barner, I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Carol J. Linds ` , Esquire Counsel for intiff SAMIS, LINDSAY AMRNM AT uw 26 West High Street Carlisle, PA ELIZABETH BARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2010-1082 CIVIL GEORGE BARNER, Defendant IN DIVORCE CERTIFICATE OF SERVICE On the day of February, 2010, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, addressed as follows and via facsimile: George Barner 66 Jumper Road Shippensburg, PA 17257 SAIDIS, FLOWER & LINRSAY Carol J. Lind! squire Supreme Co rt I No. 44693 26 West 1-146-Street Carlisle, PA 17013 717-243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY ATIDEMNS•AT uw 26 West High Street Carlisle, PA DRS ATTACHMENT FOR APL PROCEEDINGS SAIDIS, FLOWER & LINDSAY AT DEUq Y5-AT- 26 West High Street Carlisle, PA PETITIONER: ELIZABETH BARNER DOB: 02/27/1931 SSN: 208-24-4197 ADDRESS: 618 PROSPECT AVENUE, SHIPPENSBURG, PA 17257 PHONE: (717) 532-2844 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONER'S EMPLOYMENT: RETIRED HOW LONG? NET PAY: $900 A MONTH JOB TITLE: N/A OTHER INCOME: N/A RESPONDENT: GEORGE BARNER DOB: 05/04/1935 SSN: 184-26-7307 ADDRESS: 66 JUMPER ROAD, SHIPPENSBURG, PA 17257 PHONE: ATTORNEY: N/A RESPONDENT'S EMPLOYMENT: RETIRED HOW LONG? NET PAY: $40,000 A YEAR JOB TITLE: OTHER INCOME: N/A WHEN MARRIED: 06/18/1955 WHERE: SHIPPENSBURG, PA DATE SEPARATED: 10/11/2007 WHERE LAST LIVED TOGETHER: 66 JUMPER ROAD, SHIPPENSBURG, PA 17257 FOR DRS INFORMATION ONLY ELIZABETH BARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 10 'lOS.-A. C' GEORGE BARNER, a Defendant IN DIVORCE NOTICE TO DEFEND ' --i YOU HAVE BEEN SUED IN COURT. If you wish to defend against thtQcla' s set forth in the following pages, you must take prompt action. You are warned that if yoail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FpW. E" LINDSAY SAIDIS, A ONWR & LINDSAY ATIDRNEYS-APIAW 26 West High Street Carlisle, PA Carol J. Lindsay, squire Attorney Id. 4 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ELIZABETH BARNER, Plaintiff V. GEORGE BARNER, Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNT I - COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Elizabeth Barner, an adult individual, residing at 618 Prospect Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is George Barrier, an adult individual, residing at 66 Jumper Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 18, 1955 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the SAID11S, RAWER & LINDSAY snort 'Ar uw 2G West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. COUNT II - DIVORCE UNDER SECTION 3301(a) OF THE DIVORCE CODE 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. Defendant has offered to Plaintiff, an innocent and injured spouse, such indignities as to render her condition intolerable and her life burdensome. COUNT 111 - EQUITABLE DISTRIBUTION 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT IV SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 12. The averments in paragraphs 1 through 11 are incorporated hereto as if fully set forth herein. 13. Plaintiff is unable to provide for her reasonable needs in the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony SAIDIS, :-?CAWER & LINDSAY Art P34M•AT•uw 26 West High Street Carlisle, PA Pendente Lite. COUNT V ATTORNEY'S FEES AND COSTS 14. The averments in paragraphs 1 through 13 are incorporated hereto as if fully set forth herein. 15. Plaintiff is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. SAIDIS, FLOWER & LINDSAY I Carol J. Lindsay, E - wire Attorney id. 4j4693 26 West High et Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, 4JOWER & LP-WSAY AMRNM-AT IAW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Llizaboffi Barrier Date: SAMIS, MOWER & LINDSAY A3-MRNM-ATtww 26 West High Street Carlisle, PA ELIZABETH A. BARKER, Plaintiff/Petitioner VS. GEORGE H. BARKER, JR., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2010-1082 CIVIL TERM IN DIVORCE PACSES CASE: 627111456 ORDER OF COURT AND NOW to wit, this 1 st day of March, 2010, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to a Spousal Support order being entered under PACSES # 627111456 and docketed at 00090 S 2010. This Order shall become final twenty (20) after the mailing of the notice of the m entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. I N w v? BY THE COURT: T* M. L. Eb-t ?,V4 , ert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Carol J. Lindsay, Esq. Form OE-001 Service Type: M Worker: 21005 ELIZABETH BARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 2010-1082 r1-r , GEORGE BARNER, CIVIL ACTION -LAW rr? Defendant : IN DIVORCE co PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Melanie L. Erb, Esquire in the above referenced matter for the Defendant, George Barrier, per his request. Date: 3 ZC1,-2'5 IO Respectfully Submitted, eanie Erb Attorney ID # 84445 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Attorney for Defendant Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merbkdcdlaw.net ELIZABETH BARNER, Plaintiff, V. GEORGE BARNER, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2010-1082 CIVIL ACTION IN DIVORCE CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true a correct copy of the foregoing Praecipe was served by first class mail upon the following: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17257 Attorney for Plaintiff 06 Date: ?j f ?6lD e . Er ELIZABETH GARNER, IN THE COURT OF COMMON la . n Plaintiff CUMBERLAND COUNTY, PE LVANI V. : CIVIL ACTION - LAW car :0o NO. 2010-1082 t GEORGE GARNER, < x'?+ Defendant IN DIVORCE MOTION TO COMPEL AND NOW, comes Elizabeth Barner by and through her counsel, Saidis Sullivan Law and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on November 18, 1955 and having separated on or about January 31, 2010. 2. On or about February 12, 2010, Petitioner filed a Complaint for Divorce. 3. On September 8, 2010, Petitioner served on Respondent a Request-for Production of Documents, a copy of which is attached hereto as Exhibit uA". 4. Over thirty (30) days have passed and the documents requested have not been provided. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why he should not be compelled to produce the documents requested. SAIDIS SULLIVAN LAW SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Y Carol . Li say, E q e Attorney Id. 4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I, Carol J. Lindsay, attorney for Elizabeth Bamer, verify that the statements made in the SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Carol J. Lindsay, s ire, a om or Elizabeth Bame ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2010-1082 GEORGE BARNER, Defendant IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS SAIDIS MLLIVAN LAW 26 West High Street Carlisle, PA To: George Barner c/o Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. Copies of statements for all depository accounts in which you had an interest individually, or with any other person, from October 1, 2009 to the present. For any checking account, please attach copies of the check register and copies of any cancelled checks if they are provided with the statement. 2. Statements for any investment or retirement account in your name only or in your name and the name of any other person from October 1, 2009 through August 31, 2010. 3. Copies of the plan description for any pension plan in which you have an interest including two IBEW pensions and a NEBS pension. 4. Documentation evidencing the present cash value for your Prudential whole life insurance policy. 5. The Kelly Blue Book values for all vehicles titled in your name only. Please provide the trade-in, private party sale and retail values for all such vehicles. SAIDIS SULLIVAN LAW Ca I ?ftfr% wre Attorney Id. 4 693 26 West High eet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS 3ULLIVAN LAW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this day of September, 2010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 SAIDIS SULLIVAN LAW Carol J. Lindsay, Es iir? Supreme Court 1D r 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS ')ULLIVAN LAW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of November, 2010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 SAIDIS SULLIVAN LAW JA Carol . Lin say, q e Supreme Court I 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA NOV 2 9 ?iii,; ELIZABETH BARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2010-1082 GEORGE BARNER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of ?U o v , 2010, upon consideration of the within Motion, a Rule is issued upon the Respondent to show cause why he should not produce the documents requested on September 8, 2010. Rule returnable 1A days from the date of service hereof. SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA es M-a-t Lck, C") G N cm M M =-n = ' r C:) Mr" -C rn a ? o Q r-- -+o x C:) o -n o D,C to x- om BY THE COURT, I , ELIZABETH BARNER, IN THE COURT OF COMMON PI?AS CID Plaintiff CUMBERLAND COUNTY, PENN OUNIPri V= rat ? a ca --q =? `n v. CIVIL ACTION -LAW .MM C z NO. 2010-1082 Wr- N C D GEORGE BARNER, r- i° - -- 4c) Defendant IN DIVORCE <`=? PETITION FOR RULE ABSOLUTE AND NOW, comes Elizabeth Barner by and through her counsel, Saidis Sullivan Law, and states as follows: 1. The parties hereto are husband and wife having been joined in marriage on November 18, 1955 and having separated on or about January 31, 2010. 2. On or about February 12, 2010, Petitioner filed a Complaint for Divorce. 3. On September 8, 2010, Petitioner served on Respondent a Request for Production of Documents. 4. On November 24, 2010, Petitioner filed a Motion to Compel Discovery when the documents requested were not provided after thirty (30) days. 5. This Honorable Court, on November 30, 2010, issued a Rule to Show Cause why Respondent should not be compelled to provide discovery. A Rule was returnable 14 days after service thereof. 6. The Rule was served on counsel for Defendant on December 3, 2010. A copy SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA of the transmittal letter is attached hereto as Exhibit "A". 7. Fourteen days have passed and Respondent has provided some of the documents, but a substantial number of documents have not been provided. 8. Attached hereto as Exhibit "B" is the Request for Production of Documents. 9. Attached hereto as Exhibit "C" is a list of documents requested, but not provided. V WHEREFORE, Petitioner prays this Honorable Court to issue a Rule Absolute providing to Respondent fourteen (14) days to provide the documents requested. SAIDIS SULLIVAN LAW carol. Lin y, squire Attorney Id. 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA T Saidis Sullivan JOHN E. SLIKE ROBERT C. SAIDIS DANIEL L. SULLIVAN JOHN B. LAMPI CAROL J. LINDSAY DEAN E. REYNOSA MARYLOU MATAS JASON E. KELSO Law A PROFESSIONAL CORPORATION CAMP HILL OFFICE 26 WEST HIGH STREET 2109 MARKET STREET CARLISLE, PENNSYLVANIA 17013 CAMP HILL, PA 17011 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 TELEPHONE: (717)737-3405 EMAIL: ATTORNEY@SFL-LAW.COM FACSIMILE: (717)737-3407 WWW.SFL-LAW.COM REPLY TO CARLISLE December 3, 2010 Via Facsimile: 975-2309 Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 Re: Barner v. Barner Dear Melanie: enclose a copy of the Court's Order of November 30, 2010, providing Mr. Barner 14 days to show cause why he should not produce the documents I requested. Thank you for your help. Very truly yours, Carol J. Lindsay, Esquire CJ L/bes Enclosure f t ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2010-1062 GEORGE BARKER, Defendant IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS To: George Barner c/o Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 PLEASE TAKE NOTICE THAT pursuant to PG.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty '30) days after service hereof; a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the atiornewciient privilege; or, it the alternative; produce the said matter at said time to parmit inspection and copying thereof: 1. Copies of statements for all depository accounts in which you had an interest individually, or with any other person, from October 1, 2009 to the present. For any checking account, please attach copies of the check register and copies of any cancelled checks if they are provided with the statement. 2. Statements for any investment or retirement account in your name only or in SAIDIS nLIVAN LAW G West High Street Carlisle, PA your name and the name of any other person from October 1, 2009 through August 31, 2010. 3. Copies of the plan description for any pension plan in which you have an interest including two IBEW pensions and a NEBS pension. 4. Documentation evid life insurance policy. 'alue for your Prudential whole 1 5. The Kelly Blue Book values for all vehicles titled in your name only. Please provide the trade-in, private party sale and retail values for all such vehicles. SAIDIS SULLIVAN LAW Carrol J`.`'L d uire Attorney Id. 44693 26 West High eet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS ULLIVAN LAW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this day of September, 2010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 SAIDIS SULLIVAN LA1 / Carol J. - indsay. Esuxuj; Supreme Lour ID '4U03 2U West High Street Carlisle; PA 17013 717-243-6222 SAIDIS ULLIVAN LAW !6 West High Street Carlisle, PA f PYRAMID LAND TRANSFER, LLC 26 West High Street Carlisle, PA 17013 September 10, 2010 Scott and June Perry 3815 Hearthstone Road Camp Hill, PA 17011 Re: Policy # OXP-08023337 File # PYO10-67RCS Dear Scott and Tune: 71'7-960-1122--Phone 717.960-1123-Fax Enclosed is your Owner's Title Insurance Policy. Please keep this document in a safe place. Please feel free to contact us with any questions you may have or if we can be of any further assistance to you. Very Truly Yours, P ND TRANSFER, LLC R ert C. Sa is Enclosures Owner's Policy of Title Insurance PolI?y Iseu.r: PYRAMID LAND TRANSFER. LLC $6 WEST CHURCH STREET CARLISLE. PA 17013 PHONE:717A0o-1122 * OXP _0$023337. File Number: PY010-67 Policy Number ?s * Issued by Old Republic National Title Insurance Company * Any notice of claim and any other notice or aRateatetn in uniting required to be given to the * * * ** Company andarthis Policy must be given to the Company at the address shown in Section t8 of the Conditiotrs. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance. sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by ii) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed. acknowledged, notarized, or delivered: (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified. expired, or otherwise invalid power of attorney; {vij a document not property filed. recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or {vii} a detective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. 3. Unmarketable Title. 4. No right of access to and from the Land_ 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation {including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land: (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. Pyramid Land Transfer, LLC 26 West High Street Carlisle, PA 17013 Countersigned: Phone: 717-960-1122 Fax: 717-960-1123 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock CamPany 400 SecoW Avenue South, Minneapolis. Minnesota 55407 (612)371-1111 01 A OlI LaxnsedAgpnt tMT form par PA AM W 1WIMM owner, Poft in twdW by TIRSOP) 00 712WS BY Frosdmw Secretary Attest '94 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land. is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a resuh of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws: or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (() to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs. attorneys' fees. and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1, (a) Any law, ordinance, permit. or governmental regulation (including those relating to building and zoning) restricting regulating, prohibiting, or relating to (i) the occupancy. use. or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govem- mental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limp the coverage provided under Covered Risk 7 or 8. 3. Defects, liens. encumbrances, adverse claims. or other matters (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no loss or damage to the insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy. state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A. is (a) a fraudulent conveyance or fraudulent transfer; or tb) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. (a) created. suffered, assumed, or agreed to by the Insured Claimant; Peps P CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured': The Insured named in Schedule A. { i) The term 'Insured' also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devises, survivors, personal representatives, or next of kin: (B) successors to an insured by dissolution. merger, consolidation, distribution, or reorganization: (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. J2) if the grantee wholly owns the named insured. (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to JAI, (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. te) "Insured Claimant": An Insured claiming loss or damage. (f) 'Knowledge" or 'Known Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) 'Land": The land described in Schedule A, and affixed improvements that by law constitute real property- The term 'Land' does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest. estate, or easement in abutting streets, roads. avenues, alleys, lanes, ways, or waterways. but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) 'Mortgage': Mortgage. deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized bylaw. (()'Public Records": Records established understate statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), 'Public Records' shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. Ul "Title': The estate or interest described in Schedule A. (k) 'Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessae of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. !. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in ttte Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the insured, m only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either 0) an estate or interest in the Land, at (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(al of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title. as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the insured Claimant to provide prompt notice, the Company's liabilityto the Insured Claimani under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured. and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice {subject to the right of the insured to object for reasonable causal to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the tees of any other counsel. The Company will not pay any fees, costs, or expanses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Tnie, as insured, or to prevent or reduce loss or damage to the Insured. The Company moy.take any appropriate action under the terms of this policy, whether or not it shall be I fable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy, If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. pop J CONDMONS (can't) DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this oolicy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured lot this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and Iii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insuredto furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. with regard to the matter or matters requiring such cooperation. lb) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports. e-mails, disks, tapes, and videos whether bearing a date before or attar Date of Policy, that reasonably pertain to the loss or damage. Further, it requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, it the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY in case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs. attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Comparry of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection. shall terminate, including any liability or obligation to defend. prosecute, or contin- ue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the insured or With the insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an insured Claimant any claim insured against under this policy. In addition. the Company will pay any costs. attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay: or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections Mill or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage. other than the payments required to be made, shall terminate, including any liability or obligation to defend. prosecute, or continue any litigation. 6. DETERMINA770N AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Companyfor loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (it) the Insured Claimant shall have the right to have the loss or damage determined either as of the data the claim was maoe by the Insured Claimant or as of the date it is settled and paid. (cl In addition to the extent of liability under Jai and (bl, the Company will also pay those costs, attorneys" fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY Jai If the Company establishes the Title, or removes the alleged detect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured. in a reasonably diligent manner by any method, including litigation and the completion of any appeals. it shall have tuhy performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 1o. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy. except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment, page 4 CONDITIONS AND STIPULATIONS icon't) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment within 30 days. RIGHTS OF: RECOVERY UPON PAYMENT OR SETTLEMENT la) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimam in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs. attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of suttrogatior. includes the rights of the Insured to indemnities, guaranties, other policies of insurance. or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include. but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy. any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2.000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered "a Arbitratorts) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CON- TRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. in interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy. (ii) modify any prior endorsement. (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY in the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to he invalid, but all other provisions shall remain in full force and effect. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the insured and to interpret and enforce the terms of this policy- In neither case shall the court or arbitrator apply its conflicts of law principles to deter- mine the applicable law. (b) Choice of Forums Any litigation or other proceeding brought by the insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499. Pam. 6 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 4K * # OWNER'S POLICY Name and Address of Title Insurance Company: Old Republic National Title Insurance Company, 400 Second Avenue South. Minneapolis, Minnesota 55401 SCHEDULE A File No. PY010-67RCS Policy No. OXP-08023337 Amount of Insurance: $265,000.00 Premium: $121.50 Date of Policy: August 3, 2010 Policy Issued Simultaneously with Policy No.: L.XP-68051336 1. Name of Insured: Scott R. Perry and June M. Perry, husband and wife 2. The estate or interest in the Land that is covered by this policy is: FEE SIMPLE 3. Title is vested in: Scott R. Perry and June M. Perry, husband and wife by virtue of a deed from Yong C. Pak and Laura W. Pais, husband and wife, dated July 20, 2010, and recorded August 3, 2010 in the Office of the Recorder of Deeds for the County of Cumberland, as Instrument No. 201021303. 4. The Land referred to in this policy is described as follows: For informational purposes only: 3815 Hearthstone Road, Camp Hill, PA 17011 Parcel 10-20-1848-123, Hampden Township County of Cumberland (SEE ATTACHED SCHEDULE C FOR LEGAL DESCRIPTION) Coanteraignca: Pyramid Lan er, LLC -?- By: t6orimd Signatory American Land Title Association Ownees Policy (as modified by TIRBOP) 06/19/2006 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses that arise by reason of. 1. Rights or claims of parties in possession not shown by the public records. 2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. 3. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by lave and not shown by the public records. 4. Real estate taxes and municipal charges which constitute liens but which are not yet due and payable; provided, however, that said taxes and municipal charges have been paid through July 28, 2010. 5. Possible additional tax assessment for new construction and/or major improvements. 6. Covenants, conditions, restrictions, easements, rights of way or servitudes, if any, appearing in the public record, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. 7. Subject to Declaration for Pine Brook No. 5 recorded in Misc. Book 171, Page 385. $, Subject to rights of way, easements, setbacks and restrictions recorded with Plan of Pine Brook No. 5 recorded in Plan Book 17, Page 4. 9. Grant of'right of way to Bell Telephone Co. recorded in Misc. Book 159, Page 596. 10. Subject to title to all of the oil, gas and other minerals within and underlying the premises, together with appurtenant mining, drilling and extraction rights and all other rights and privileges appurtenant thereto. 11. Mortgage dated July 28, 2010, from Scott R. Perry and June M. Perry, husband and wife to Pennsylvania State Employees Credit Union in the original principal amount of $238,000.00, recorded August 3, 2010 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, as Instrument No. 20 1 021 304. American Land Title Aaaociation owner's Policy (as modified by 17RBOP) 96117/2006 SCHEDULE C File Number: PYO10-67RCS Policy Number: OXP-08023337 ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hearthstone Road, which point is 310 feet in an easterly direction from the intersection of Hearthstone Road and Orrs Bridge Road at the dividing line between Lots Nos. 3 and 4, Block J, of the hereinafter mentioned plan; thence North 15 degrees 31 minutes West, 130 feet to a point along lands of Pine Tree Pointe, Inc.; thence by same North 74 degrees 29 minutes East, 100 feet to a point on the line of Lots Nos. 4 and 5, Block J, of the Plan; thence by same South 15 degrees 31 minutes East, 130 feet to a point on the northerly side of Hearthstone Road; thence by same South 74 degrees 29 minutes West, 100 feet to a point at the dividing line between Lots Nos. 3 and 4, Block J, of the plan, the Place of BEGINNING. BEING Lot No. 4, Block J, Plan No_ 5 of Pine Brook as recorded in the Cumberland County recorder's Office in Plan Book 17, Page 4. HAVING THEREON ERECTED a brick and aluminum split level dwelling (mown and numbered as 3815 Hearthstone Road, Camp Hill, Pennsylvania. BEING the same premises which George H. and Joan C. Hamm by deed dated 9128/07 and recorded 10/1/07 in the Office of the Recorder of Deeds in and for Cumberland County in Instrument #8200737729 granted and conveyed unto Yong C. Pak and Laura W. Pak, husband and wife. American Land Title Association Owner's Policy (m rnodified by TIRBOP) 06/1'12006 PYRAMID LAND TRANSFER, LLC 26 West H i gh Street Carlisle, PA 17013 September 10, 2010 Pennsylvania State Employees Credit Union I Credit Union Place Harrisburg, PA 17110 RE: Scott R. Perry and June M. Perry 3815 Hearthstone Road, Camp Hill, PA 17011 Our File No. PY010-67RCS Closing Date - July 28, 2010 Dear Post Closing Department: 71-A960-1122--Phone 717-960-1123-Fax Enclosed is policy number LXP-08051336 insuring Pennsylvania State Employees Credit Union, its successors and assigns, in the amount of $238,000.00. Should you have any questions concerning this matter, please feel free to contact our off) ce. Very truly yours, P ID AND TRANSFER., LLC ZZ obert C. Saidis Enclosure LOAN POLICY OF TITLE INSURANCE rpe0v?rpxyyp LAND 71r4NOTiR, LLC 1016 C1IURCN iT11FPr RLr., ?A 17017 CAM pMONF: 717400-1123 * * Policy Numbar L.XP-0805'3 336 Flle Number. PYQ10-67 st Issued by Old Republic National Title Insurance Company 4" s1. Any notice of claim and any other nonce or statement in writing required m be given to the 3F 4c Company under this Polley must be given to the Company at the address sham In Section 17 Tk 3F of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the 'Company') insures as of Date of Policy and, to the extent stated in Covered Risks 11, 13, and 14, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss trom (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law: Iv) a document executed under a falsified, expired, or otherwise invalid power of attorney; Ivi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized bylaw, or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. 3. Unmarketable Title. 4, No right of access to and from the Land. 5. The violaiion or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to: (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land: (c) -the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but, only to the extent of the violation or enforcement referred to in that notice. Pyramid Land Transfer, LLC 26 West High Street Carlisle, PA 17013 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Phone: 717-960-1122 A Stock Company 400 Second Avenue South, Minneapolis. Minnesota 55401 Fax: 717-960-1123 (672) 371-1777 BY Resident 1-7 r Apen Arrest bORT Se+ctetmy Fenn 4310 M tReWetl 0"Vff ) ALTA Loan Porq or Tee immw ce W m0M0 by TMOl i W17M COVERED RISKS con`t S. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any pan of the Land, is recorded in the Public Records, but only to the extent of me enforcement referred to in that notice. 7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8 Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to insurance against loss from any of the following impairing the lien of the Insured Mortgage (a) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (b) failure of any person or Entity to have authorized a transfer or conveyance; (c) the Insured Mortgage not being properly created, executed, witnessed. sealed, acknowledged, notarized, or delivered; (d) failure to perform those acts necessary to create a document by electronic means authorized by law; (e) a document executed under a falsified, expired, or otherwise invalid power of attorney. (f) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (g) a defective iudicial o- administrative proceeding. 10. The lack of priority of the lien of the Insured Mortgage upon the Title aver any other lien or encumbrance. 11. The lack of priority of the lien of the Insured Mortgage upon the Title (a) as security for each and every advance of proceeds of the loan secured by the insured Mortgage over any statutory lien for services, labor, or material arising from construction of an improvement or work related to the Land when the improvement EXCLUSIONS The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attomeys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (iI the occupancy. use, or enjoymem of the land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk B. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters or work is either (iI contracted for or commenced on or before Date of Policy; or (ii) contracted for, commenced, or continued after Date of Poi icy if the construction is financed, in whole or in part, by proceeds of the loan secured by the ensued Mortgage that 1he Insured has advanced or is obligated on Date of Policy to advance; and (b) over the lien of any assessments for street improvements under construction or completed at Date of Policy. 12.The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule A, orthe failure of the assignment shown in Schedule A to vest title to the Insured Mortgage in the named insured assignee free and clear of all liens. 13.The invalidity. unenforceability, lack of priority, or avoidance of the lien of the Insured Mortgage upon the Title JaI resulting from the avoidance in whole or in part, or from a court order providing an alternative remedy, of any transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction creating the lien of the Insured Mortgage because that prior transfer constituted a fraudulent or preferential transfer underfaderal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the Insured Mortgage constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records ill to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks t through 13 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the Insured Mortgage in the Public Records. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. FROM COVERAGE (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ic) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in4andirg law. P*p 2 EXCLUSIONS FROM COVERAGE con't Any claim, by reason of the operation of federal bankruptcy, state insolvency. or similar creditors' rights laws, that the transaction creating the lien of the insured Mortgage, is la) a fraudulent conveyance or fraudulent transfer, or tb) a preferential transfer for any reason not stated in Covered Risk 13ib) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the cover- age provided under Covered Risk 11th). CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (al "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section Bib) or decreased by Section 10 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. K -Indebtedness": The obligation secured by the Insured Mortgage including one evidenced by electronic means authorized by law, and if that obligation is the payment of a debt, the indebtedness is the sum of- (i) the amount of the principal disbursed as of Date of Policy; (iil the amount of the principal disbursed subsequent to Date of Policy; (iii) the construction loan advances made subsequen- to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the Land cr related to the Land that the Insured was and continued to be obligated to advance at Date of Policy and at the date of the advance; (iv) interest on the loan; tv) the prepayment premiums, exit fees, and other similar fees or penalties allowed by law: (vi) the expenses of foreclosure and any other costs of enforcement; (vii) the amounts advanced to assure compliance with laws or to protect the lien or the priority of the lien of the Insured Mortgage before the acquisition of the estate or interest in the Title; (viii) the amounts to pay taxes and insurance: and (ix) the reasonable amounts expended to prevent deterioration of improvements: but the Indebtedness is reduced by the total of all payments and by any amount forgiven by an Insured. (e) "Insured": The Insured named in Schedule A. (i) The term 'Insured' also includes (A) the owner of the Indebtedness and each successor in ownership of the Indebtedness, whether the owner or successor owns the Indebtedness for its own account or as a trustee or other fiduciary, except a successor who is an obligor under the provisions of Section 12(c) of these Conditions; (B) the person or Entity who has "control' of the "transferable record." if the Indebtedness is evidenced by a "transferable record," as these terms are defined by applicable electronic transactions laver, (C) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (D) successors to an insured by its conversion to another kind of Entity; tE) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured. or (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly- owned by the same person or Entity; (P) any government agency or instrumentality that is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the Indebtedness secured by the Insured Mortgage, or any part of it, whether named as an Insured or not: (ii) Witn regard to (AL (R), (Cl. (D) . and (E) reserving, however, all rights and defenses as to any successor the-, the Company would have had against any predecessor Insured, unless the successor acquired the Indebtedness as a purchaser for value without Knowledge of the asserted defect, lien, encumbrance, or other matter insured against by this policy. If) 'Insured Claimant': An Insured claiming loss or damage. (g) "Insured Mortgage": The Mortgage described in paragraph 4 of Schedule A- (h) 'Knowledge' or 'Knowni Actua I knowledge. not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (i) 'Land': The land described in Schedule A, and affixed improvements that by law constitute real property. The term 'Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets. roads, avenues, alleys, lanes, ways, or waterways. but this does not modify or limit the axiom that a right of access to and from the Land is insured by this policy. lit 'Mortgage': Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (k) 'Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d I, 'Public Records' shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. pm 3 CONDITIONS (cony) (1) "Title The estate or interest described in Schedule A. (m) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title or a prospective purchaser of the Insured Mortgage to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured after acquisition of the Title by an Insured or after conveyance by an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(al of these Conditions, (ii) in case Knowledge shall come to an Insured of any claim of title or interest that is adverse to the Title or the lien of the Insured Mortgage, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title orthe lien of the Insured Mortgage, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claiman' under the policy shall be reduced to the extent of the prejudice. A. PROOF OF LOSS In the event the Company is unable to determine the amount o`: loss or damage, the Company may, at its option, require as a condition o' payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title or the lien of the Insured Mortgage, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defend- ing the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, the lien o` the Insured Mortgage, of any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company is obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representa- tive of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless. in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTI DNS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: Pare 4 CONDITIONS loon'tl (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i)To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees. and expenses incurred by the insured Claimant that were authorized by the Company, up to the time of payment or tender of payment and that the Company is obligated to pay: or Iii) To purchase the indebtedness fat the amount of the Indebtedness on the date of purchase, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of purchase and the-, the Comparry is obligated to pay. When the Company purchases the Indebtedness, the Insured shall transfer, assign, and convey to the Company the Indebtedness and the Insured Mortgage, together with any collateral security. Upon the exercise by the Company of either of the options provided for in subsections (aRi) or (ii), all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in those subsections, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. to addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Companv is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, togetner with any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that me Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (iij, the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shalt terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the least of (iI the Amount of Insurance, (ii) the indebtedness, (iii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy, or (iv) if a government agency or instrumentality is the Insured Claimant, the amount it paid in the acquisition of the Title or the Insured Mortgage in satisfaction of its insurance contract or guaranty. lb) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title or the lien of the Insured Mortgage, as insured, (i) the Amount at Insurance shall be increased by 10%. and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) in the event the Insured has acquired the Title in the manner described in Section 2 of these Conditions or has conveyed the Title, then the extent of liability of the Company shall continue as set forth in Section 8(a) of these Conditions. (d) In addition to the extent of liability under (a), (b), and (c), the Company will also pay those costs. attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title. or establishes the lien of the Insured Mortgage, all as insured, in a reasonably diligent manner by any method. including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, incl uding litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title or to the lien of the insured Mortgage, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy, except payments made far costs, attarneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. However, any payments made prior to the acquisition of Title as provided in Section 2 of these Conditions shall no- reduce the Amount of Insurance afforded under this policy except to the extent that the payments reduce the Indebtedness. (b) The voluntary satisfaction or release of the insured Mortgage shall terminate all liability of the Company excep: as provided in Section 2 of these Conditions. I 1. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 12. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) The Company's Right to Recover Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the insured Claimant in the Title or Insured Mortgage and all other rights and remedies in respect to the claim that the insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees. and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise. or settle in the name of the Insured Claimant and to use the name of the insured Claimant in any trans- action or litigation involving these rights and remedies.lf a payment on account of a claim does not fully cover the.loss of the Insured Claimarrt, the Company shall defer the exercise of its right to recov- er until after the Insured Claimant shall have recovered its loss. Py*3 rONDITIONS (COn't) (b) The Insured's Rights and Limitations (ilThe owner of the Indebtedness may release or substitute the personal liability of any debtor or guarantor, extend or otherwise modify the terms of payment, release a portion of the Title from the lien of the Insured Mortgage, or release any collateral security for the Indebtedness, if it does not affect the enforceability or priority of the lien of the Insured Mortgage. (ii) If the insured exercises a right provided in MW. but has Knowledge of any claim adverse to the Title or the lien of the Insured Mortgage insured against by this policy, the Company shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount. if any, lost to the Company by reason of the impairment by the Insured Claimant of the Company's right of subrogation. (c) The Company's Rights Against Noninsured Obligors The Company's right of subrogation includes the Insured's rights against non-insured obligors including the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. The Company's right of subrogation shall not be avoided by acquisition of the Insured Mortgage by an obligor {except an obligor described in Section 1MOXF) of these Conditions) who acquires the Insured Mortgage as a result of an indemnity, guarantee. other policy of insurance, or bond, and the obligor will not be an Insured under this policy. 13. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules") Excep' as provided in the Rules, there shal l be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. Al: arbitrable matters when the Amount of insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2.000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitra- tor(s) may be entered in any cour, of competent jurisdiction. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the insured and the Company. in interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or lien of the Insured Mortgage or by any action asserting such claim shall be restricted to this policy. lc) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions- Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 15. SEYERABILITY in the evert any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 16. CHOICE OF LAW: FORUM (a} Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the iaw of the jurisdiction where the Land is located to determine the validity of claims against the Title or the lien of -he Insured Mortgage that are adverse to the Insured and to interpret and enforce the terms of this pol icy. In neither case shall the court or arbitrator apply its conflicts of taw principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 17. NOTICES. WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499. ,? * * # OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY LOAN POLICY Name and Address of Title Insurance Company: Old Republic National Title Insurance Company, 400 Second Avenue South, Minneapolis, Minnesota 55401 SCHEDULE A Policy Number: LXP-08051336 File Number: PYOIG-67RCS Loan Number: 51997 1. Name of Insured: Amount of Insurance: $238,000.00 Date of Policy: August 3, 2010 Pennsylvania State Employees Credit Union, its successors and/or assigns as their interests may appear 2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: Fee Simple 3. Title is vested in: Scott R. Perry and June M. Perry, husband and wife, by virtue of a deed from Yong C. Pak and Laura W. Pak, husband and wife, dated July 20, 2010, and recorded August 3, 2010 in the Office of the Recorder of Deeds for the County of Cumberland, as Instrument No. 201021303. 4. The Insured Mortgage and its assignments, if any, are described as follows. Mortgage from Scott R. Perry and June M. Perry, husband and wife to Pennsylvania State Employees Credit Union in the original principal amount of 5238,000.00 dated July 28, 2010, recorded August 3, 2010, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, as Instrument No. 201021304. 5. The Land referred to in this policy is described as follows: For informarional purposes only. 3815 Hearthstone Road, Camp Hill, PA 17011 Parcel 10-20-1848-123, Hampden Township County of Cumberland (SEE ATTACHED SCHEDULE C FOR LEGAL DESCRIPTION) Countersigned: Pyramid Land yxgnyfer, LLC By: Aut i d i to i encan Land Title Association I.oa,r Policy (as nrodrfied by 77RHO 06/17/2006 Am 06 LOAN POLICY SCHEDULE B - PART I File Number: PY010-67RCS Policy Number: Lam-08051336 Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of. 1, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. 2. Possible additional tax assessment for new construction and/or major improvements, not yet due and payable. 3. Covenants, conditions, restrictions, easements, rights of way or servitudes, if any, appearing in the public record, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin carless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. 4. Taxes for the year 2010, and subsequent years, not yet due and payable. 5. Subject to Declaration for Pine Brook No. 5 recorded in Misc. Book 171, Page 385. 6. Subject to rights of way, easements, setbacks and restrictions recorded with Plan of Pine Brook No. 5 recorded in Plan Book 17, Page 4. 7. Grant of right of way to Bell Telephone Co. recorded in Misc. Book 159, Page 596. 8. Subject to title to all of the oil, gas and other minerals within and underlying the premises, together with appurtenant mining, drilling and extraction rights and all other rights and privileges appurtenant thereto. Amenom Land Title Association Imm Policy (as modified by TIRHOP) OWI7/2006 LOAN POLICY SCHEDULE B - PART II File Number: PYO10-67RCS Policy Number: LXP-0$051336 In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the insured Mortgage: None American [And Title Association Loan Policy (as modified by TIRHDP) 05!17/2006 LOAN POLICY SCHEDULE C File Number: PYO10-67RCS Policy Number: L7i3P-08051336 ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hearthstone Road, which point is 310 feet in an easterly direction from the intersection of Hearthstone Road and Orrs Bridge Road at the dividing line between Lots Nos. 3 and 4, Block J, of the hereinafter mentioned plan; thence North IS degrees 31 minutes West, 130 feet to a point along lands of Pine Tree Pointe, Inc.; thence by same North 74 degrees 29 minutes East, 100 feet to a point on the line of Lots Nos. 4 and 5, Block J, of the Plan; thence by same South 15 degrees 31 minutes East, 130 feet to a point on the northerly side of Hearthstone Road; thence by same South 74 degrees 29 minutes West, 100 feet to a point at the dividing line between Lots Nos. 3 and 4, Block J, of the plan, the Place of BEGINNING. BEING Lot No. 4, Block J, Plan No. 5 of Pine Brook as recorded in the Cumberland County recorder's Office in Plan Book 17, Page 4. HAVING THEREON EREC'T'ED a brick and aluminum split level dwelling known and numbered as 3815 Hearthstone Road, Camp Hill, Pennsylvania. BEING the same premises which George H. and Joan C. Hamm by deed dated 9/28/07 and recorded 10/1/07 in the Office of the Recorder of Deeds in and for Cumberland County in Instrument #200737729 granted and conveyed unto Yong C. Pak and Laura W. Pak, husband and wife. Loan Policy American Land Titlc Association (as modified by TIRSOP) 06/17/2006 The following endorsements have been filed with and approved by the Pennsylvania Insurance Department. The following endorsements, If checked, are hereby incorporated into and made part of the above-referenced Policy. ] TIRBOP - PA Endorsement 810 (ALTA Endorsement 4.1-06) (Condominium) TIRBOP - PA Endorsement 820 (ALTA Endorsement 5.1-06) (Planned Unit Development) ? TIRBOP - PA Endorsement 710 (ALTA Endorsement 6-06) (Variable Rate) TIRBOP - PA Endorsement 710 (ALTA Endorsement 6.2-06) (Variable Rate, Negative Amorttzation) L3 TIRBOP - PA Endorsement 400 (ALTA Endorsement 7-06) (Manufactured Housing Unit) TIRBOP - PA Endorsement 900 (ALTA Endorsement 5.1-06) (Environmental Protection Lien) TIRBOP - PA Endorsement 1030 (ALTA Endorsement 9-06) (Restrictions, Encroachments, Minerals) [J? TIRBOP - PA Endorsement 100 (Restrictions No Apparent Existing Violation) ( TIRBOP - PA Endorsement 300 (Mortgage Survey Exception) This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. IN WITNESS WHEREOF, the Company has caused this endorsement to be issued and become valid when signed by an authorized officer or licensed agent of the Company. issued through the Office Of: Pyramid Land Transfer, LLC J -Zt i A orized ffioer or t TIRBOP-PA ENDORSEMENT 1086 (Abbreviated Form Endorsement) (ReJd 00011167) LOAN POLICY ONLY OLD REPUBLIC NATIONAL TRLE INSURANCE COMPANY A Stock Comp" 4)rf Second Aosrrue Soufh, Minneepoks, Minnesota 55401 t6f7J371-1111 By u President •' ?* * • Atfesf I ? , ?' `" • 4410 i. SerfittarY MISSING DISCOVERY FROM DOCUMENT REQUEST OF SEPTEMBER 8.2010 1. Statements for all depository accounts in which the Defendant has an interest from October 1, 2009 to the present. (One statement for Belco account ending 08 for August 2010 was provided and two printouts for an undetermined bank account from a unspecified bank for accounts ending 1283 and 3635 were provided). 2. All investment account statements for any investment account in which you have an interest. (One investment account statement was provided, that of July 1 through September 30, 2010 and statements for a joint Merrill Lynch account.) 3. Kelly Blue Book values for all vehicles (Missing are the values for the 1974, 2000 and 1990 Cadillacs and the 2006 Suzuki scooter.) SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA EXHIBIT "C" VERIFICATION I, Carol J. Lindsay, attorney for Elizabeth Bamer, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Carol J. L Elizabeth SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this m day of December, 2010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 SAIDIS SULLIVAN LAW I, Carol J. Lindsay, E " uire Supreme CourC I o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT ELIZABETH BARNER V. GEORGE H. BARNER, JR, Defendant PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of MELANIE L. ERB, ESQUIRE, as attorney of record for Defendant, GEORGE H. BARNER, JR., in this matter. 1c? Z-3U ,201 E FILED-OFFICE 'F THE PROTHONOTARY 2012 JAN -5 PM 3: 10 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2010-1082 CIVIL IN DIVORCE L. LAW GROUP, LLC 2132 MARKET STREET CAMP HILL, PA 17011 ATTORNEY I.D. NO. 84445 Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the Defendant in this matter. 17C eeAp?I - 011 T' ,ESQUIRE 10 West High Street Carlisle, PA 17013-2922 717-241-4436 SUPREME COURT ID #87380 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ELIZABETH BARNER Plaintiff V. GEORGE H. BARNER, JR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1082 CIVIL : IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Praecipe for Withdrawal and Entry ofAppearance upon the following party by United States Mail, addressed as follows: Date: January , 2012 VIA HAND DELIVERY Dean E. Reynosa, Esquire Saidis, Sullivan and Rogers 26 West High Street Carlisle, PA 17013 By: Respectfully submitted, WOT.F & W()T.F ELIZABETH BARNER : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVA1~iJ~A r.., `.=', c _, • 3 -t~ *~ "' -, N0.2010-1082 CIVIL~~~ ~ ~+~'_ GEORGE H. BARNER, JR, ~ v w :~ °,~ ~, Defendant : IN DIVORCE ~ ~ -v ~ ~? v~ , ~ `'^, _ ~ DEFENDANT'S AFFIDAVIT OF CONSENT ~ ~= 'W' 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about February 12, 2010 and served upon defendant on February 20, 2010 (see affidavit of service filed February 22, 2010). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ~~~D 3~-, 2012 G ORGE .BARN , JR. ELIZABETH BARNER Plaintiff v. GEORGE H. BARNER, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010-1082 CNIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST E1~TRY OF A DNORCE DECREE UNDER SECTION 3301(Cl OF THE DNORCE CODE I consent to the entry of a final decree of divorce without notice. C7 ^J rn ~ rn ~ ~ ~~ " ,.~.~ ^t - ~. 7J t 3 , v f ~ r y~ ~2 --+cr ~~ T --•-•, `,~ ~'";. ~~~ ~ ~1~1 ~' - .-,., ~- , .*' 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. Section 4904 relating to unsworn falsification to authorities. Pc~ ~ 3 ~- , 2012 ORG AR ER, JR. ELIZABETH BARNER : IN THE COURT OF COMMON PLEAS Off, r:~-;; Plaintiff ~ :CUMBERLAND COUNTY, PENNSYLVAI~A ,~, ..-~ t'ti f'rt _-~: ("r1 - NO. 2010-1082 CIVIL ~ ~ ~ GEORGE H. BARNER, JR, cam,, ~--r Defendant : IN DIVORCE ~'' ~ ~ c~ ~ ~ -`' °~ ~ ~ ~ ~ ~;' ` r PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 12, 2010 and served upon defendant on February 20, 2010 (see affidavit of service filed February 22, 2010). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ~~L'' / , 2012 ; ~~~., ELIZ ETH BARNER ELIZABETH BARNER Plaintiff v. GEORGE H. BARNER, JR, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-1082 CIVIL IN DIVORCE c ~~ ~~ ~~ ~~ cn ~ ~A f C ~ ~~ ~ ~. v~ ~-s -~. N rn c-7 W WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(Cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. -=r ev ""''~ -+.. "'; ~^r} _4 r- `or ~~:~ ~~ -r? -,~ ~.~ ---- -, ~~f'~'~ y=~ ~~~ 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. Section 4904 relating to unsworn falsification to authorities. ~iI7~ '~ , 2012 ~~-~ ~~ ~~ ELI ETH BARNER __ ;~o~o- io~2~ ~ _-, ~-; ~-~ 3 ~.:~ -,- .-s m u~ ° r~, r PROPERTY SETTLEMENT AND SEPARATION AGREEMENT ?„r- f ~~ BY AND BETWEEN ~~ ..~ ~. vc~ ~ ~; George Barner and Elizabeth Barner ? ~ ~, ~ ~,,, .. _:. THIS AGREEMENT made this ~_ day of ~~,~h~- , 2012, between George Barner, of Cumberland County, Pennsylvania, hereinafter referred to as Husband, and Elizabeth Barner, of Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on, June 18, 1955, in Shippensburg, Cumberland County, Pennsylvania, and R.2: Certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to: (1) the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: (a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Husband has been represented by Nathan Wolf, Esquire and Wife has been represented by Dean E. Reynosa, Esquire. Both parties acknowledge that they are familiar with and fully understand the relevant law and relevant facts, including the assets, liabilities, income and expenses of the other party, and that each is fully aware of his or her rights and obligations. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 2. DEFINITIONS 2.1. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (effective March 19, 1991). 2.2. Date of Execution of This Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date that the last party signs this Agreement. 2.3. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 2.4. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 3. EFFECT OF DIVORCE DECREE This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The parties agree that the terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non-breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 4. EFFECT ON DIVORCE Upon the effective date of this agreement, the parties shall thereafter promptly file the affidavits required to obtain a divorce pursuant to Section 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties agree that their marriage is in•etrievably broken and they do not desire marriage counseling. 5. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 6. PERSONAL RIGHTS Each party shall be free from any direct or indirect interference by the other in his or her personal and business activities as of the date of execution of this Agreement. Except as is otherwise set forth in this Agreement, each party may reside wherever and with whomever he or she desires. The parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. Neither party shall enter the residence of the other party without the express written permission of the other party. 7. WARRANTY OF DISCLOSURE Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income, that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. Notwithstanding the foregoing, any further disclosure, and any further statement in this Agreement regarding disclosure, is specifically waived. 8. EQUITABLE DISTRIBUTION OF ASSETS 8.1. Real Property. The parties are the owners of certain real estate known and numbered 66 Jumper Road, Shippensburg, Pennsylvania. This property is deeded in the parties' naives jointly. There is no mortgage for this property. The parties have agreed to accept that this property has a value of $150,000.00. It is acknowledged that this value is based upon an appraisal prepared June 30, 2010, by Stan A. Skowronek. The parties have chosen not to have the property reappraised. Upon proper notice acid request, Wife agrees to deliver a quit claim deed relinquishing her interest in the property located at 66 Jumper Road, Shippensburg, Pennsylvania, to Husband in fee simple. 8.2. Personal PropertX. The parties hereto mutually agree that they have effected a satisfactory division of all other personal property not specifically mentioned herein, including the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. 8.2.1 Household Goods. The parties acknowledge that an appraiser was retained to value the marital personal property located within the marital residence located at 66 Jumper Rd., Shippensburg. The marital personal property was appraised by Ibis Appraisal Services and a report was prepared and dated July 25, 2010. The parties agree that the value of the marital personal property is $26,650.00. The parties acknowledge that they do not wish to have the property reappraised. Wife agrees to relinquish her interest in the marital personal property identified in the July 25, 2010, appraisal previously identified. 8.3 Motor Vehicles. The parties agree that they have satisfactorily agreed upon who shall keep which vehicles. Specifically, Wife shall retain possession of the 2000 Chrysler Cirrus. Husband shall retain possession of the two 1973 Cadillac Fleetwoods, the 2000 GMC Pickup, the 2000 Cadillac Devine, 1993 Cadillac Devine, the 2006 Pontiac Solstice, the boat with trawling motor, the Jon Boat, the 2006 Suzuki scooter, the Ford tractor and the riding mower. The vehicles are not subject to any liens. To the extent the parties have not already done so, each party agrees to take whatever steps are necessary to sign the respective titles over to the party retaining possession of each vehicle. 8.4 Life Insurance. The parties acknowledge and accept that Husband possesses a life insurance policy with a cash value $12,299.77 effective October 15, 2010. Each party is free to identify any beneficiary they choose on any life insurance policy they may possess. 8.5 Retirement, pension, investments, stocks, bonds, mutual. accounts. The parties acknowledge that they each individually possess pensions, retirements and investments. The parties have agreed as follows: 1) Husband presently receives $1,900.00 per month in workers' compensation for a prior work related injury he sustained on September 17, 1991. Husband will retain the full monthly benefit amount. 2) Husband receives $733.11 per month representing a monthly pension benefit from National Electrical Benefit Fund ("NEBF"). Husband agrees that wife will receive '/z of this monthly pension benefit. Within thirty (30) days of the date of execution of this Agreement, Husband will take all necessary steps to have a Qualified Domestic Relations Order prepared and submitted to counsel for Wife for approval which will provide Wife with '/z of this monthly benefit. Husband agrees to pay all fees and expenses associated with preparing the QDRO Order and obtaining Court approval of the QDRO Order. By this Marriage Settlement Agreement, wife is not waiving any of her rights to any surviving spouse benefits should Husband predecease her. 3) Husband receives $864.24 per month representing a monthly pension benefit from IBEW Local 143 ("IBEW"). Husband agrees that wife will receive '/z of this monthly pension benefit. Within thirty (30) days of the date of execution of this Agreement, Husband will take all necessary steps to have a Qualified Domestic Relations Order prepared and submitted for approval to counsel for Wife for approval which will provide Wife with '/z of this monthly benefit. Husband agrees to pay all fees and expenses associated with preparing the QDRO Order and obtaining Court approval of the QDRO Order. By this Marriage Settlement Agreement, wife is not waiving any of her rights to any surviving spouse benefits should Husband predecease her. 4) Husband receives $74.00 per month representing a monthly pension benefit from IBEW ("IBEW"). Husband agrees that Wife will receive 100% of this monthly pension benefit. Within thirty (30) days of the date of execution of this Agreement, Husband will take all necessary steps to have a Qualified Domestic Relations Order prepared and submitted for approval to counsel for Wife for approval which will provide Wife with 100% of this monthly benefit. Husband agrees to pay all fees and expenses associated with preparing the QDRO Order and obtaining Court approval of the QDRO Order. By this Marriage Settlement Agreement, wife is not waiving any of her rights to any surviving spouse benefits should Husband predecease her. 5) Wife will retain her IRA held with Nationwide and Husband will retain his IRA also held with Nationwide. 6) Wife will retain the proceeds that were generated by the sale of 25 acres of undeveloped land that was marital property. Wife will also retain the proceeds from a marital Ameritrade account (XXX697) that had been cashed out and the proceeds placed in escrow. The total amount of the proceeds retained by Wife for these two assets is $139,503.67. These proceeds have already been delivered to Wife. 7) Husband will retain the following marital assets (Exhibit A is incorporated herein referencing the accounts and balances agreed upon by the parties): a) M&T Checking Account (3635) b) Belco Savings Account (XXX80) (S 1) c) Belco Checking Account (XXX80) (S2) d) Belco Money Market (XXX80) (S6) e) M&T Savings Account (1283) -Husband agrees to transfer cash to Wife in exchange for Wife agreeing to equally split the Ameritrade (118) investment as set forth below. f) M&T Savings Account (3057) g) Ameritrade - 118 -Husband will retain one-half of this investment account and agrees to transfer the other one-half interest to Wife. h) Western & Southern Life Deferred Annuity i) M&T IRA (0430) j) M&T IRA (1771) 8) Wife will retain the following marital assets: a) Merrill Lynch Money Market 4275 (SBA-42L75). Upon proper notice and request, Husband agrees to execute whatever documents are necessary to relinquish his interest in this joint account. b) Belco Money Market (XXX80) (S 16) or the cash equivalent from the date of separation. c) M&T Checking Account (4723) d) M&T Checking Account (7970) e) M&T Savings Account (1283) -Husband agrees to transfer cash to Wife in exchange for Wife agreeing to equally split the Ameritrade (118) investment as set forth below. f) Ameritrade - 118 -Wife will retain one-half of this investment account and agrees to transfer the other one-half interest to Husband. g) Merrill Lynch -0489 (86F38) The total amount of cash owed by Husband to Wife is $83,195.35 at the time of execution of the agreement representing the cash equivalent value from Husband's Belco savings account (XXX80). Wife's counsel will author correspondence to be countersigned by Husband's counsel directing Ameritrade to split each specific stock holding evenly, share for share, and establishing a new account in Husband's individual name where his shares of each stock holding will be deposited. Wife will retain the original Ameritrade account where the other half of the stock will remain. Upon receipt of confirmation that an account has been established in Husband's name, the parties shall use the closing price of the investments for the date the account is established and Husband shall pay that sum to Wife. Pending said transfer, Husband shall deposit in his counsel's IOLTA account, the sum of $15,000.00 from which the payment for the Ameritrade investments shall be made. If this amount is insufficient to cover the amount due Husband shall pay the balance within 10 days to Wife. If this amount is in excess of the amount due, said overage shall be refunded to Husband. Husband agrees to execute whatever documents are necessary to relinquish his interest in the remaining one-half of the Ameritrade stock that will remain in the original account to be held by Wife individually. The parties acknowledge that each have exchanged information with the other concerning the value of the foregoing assets. In reaching this agreement, both parties hereby waive any claim against the other's investment assets listed herein. They have agreed that each will retain the assets as identified herein. Additionally, each party has agreed to accept the value of each account as stated in the attached Exhibit A. The parties agree, with the exception of the M&T Savings Account (1283) and the Ameritrade (118) account, the retaining party is to retain the current balance of the investment asset. This Agreement is based upon an understanding that the current balances of the investment assets identified in Exhibit A are substantially the same as stated on Exhibit A. 8.6 Tax Consequences. This Agreement has been negotiated on the assumption that, except as otherwise specifically provided for, the transfer of assets pursuant to this Paragraph will be governed by the provisions of Sections 1041 and 71(b)(1)(B) of the Internal Revenue Code and as such shall not result in the recognition of any gain or loss upon the transfer by the transferor. It also is understood by the parties that the transfer of property subject to Section 1041 of the Internal Revenue Code shall require that the transferee take the property with a tax basis equal to the adjusted tax basis that the property had in the hands of the transferor. 9. ALIMONY 9.1 Including the benefits provided for in this Agreement, Husband has sufficient property and/or income to provide for his reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Husband expressly waives, discharges and releases any and all rights or claims which he may have, now or hereafter, by reason of the parties' marriage, to alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting from the parties' status as husband and wife. 9.2 Husband and Wife stipulate and agree that they have exchanged earnings information, tax records and records relating to their income, and that based upon same, it has been determined by and between the parties hereto that Wife is a fit and proper person for an award of alimony. In determining the nature, amount, and duration of said alimony, both parties hereto have made special reference to Wife's present and future earning capacity, Wife's present state of employment, the relative contribution, as well as the parties' respective medical and emotional conditions, all of which have been disclosed to each party. In addition to considering each and every element set forth in Section 501 et seq. of Pennsylvania's Divorce Code in computing this alimony allocation, the parties have also fixed and predicated the payment of alimony upon Husband's assumption of certain ongoing debts and commitments. Based upon those conditions hereinabove set forth in the foregoing paragraph, it is stipulated and agreed by and between the parties hereto that commencing the first month after the execution of this Agreement and every month thereafter, Husband shall pay Wife spousal support and alimony for an indefinite period from the date of execution of this Agreement in the amount of FOUR HUNDRED DOLLARS ($400.00). "Phis amount shall be paid directly to Wife in a single monthly payment and shall be received by Wife no later than the fifth (5`") day of each month. Wife reserves the right to pursue a support Order and wage attachment Order through Domestic Relations which Husband shall not defend in the event Husband is more than thirty (30) days late with any payments. This amount shall be considered spousal support, until entry of the parties' final decree in divorce, at which time it shall be converted to alimony. This grant of alimony is non-modifiable in nature. This grant of alimony to Wife begins only when the parties' decree in divorce is final. Prior to that, Husband's payments are spousal support. Payments shall terminate upon Husband's death, Wife's death, or Wife's remarriage or Wife's cohabitation. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included within the income of Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1986, and is deductible from Husband's gross income pursuant to the provisions of Section 215 of the Internal Revenue Code of 1984. Husband and Wife agree that all said payments shall be included as income of the Wife in her applicable tax retunis, and that she shall pay such taxes as may be required by such inclusion. 9.3 Wife agrees to credit Husband $443.32 per month beginning June 1, 2012. This monthly credit will terminate upon the execution of this Agreement so long as the total amounts received by Wife do not exceed the '/2 share of the pension plans provided for in paragraph 8.5 herein, plus the sum of $400.00 per month. This credit is based upon the fact that Husband is currently obligated to pay Wife $1,642.00 per month representing spousal support. The credit stated in this paragraph represents the difference between the monthly spousal support Wife currently receives and the alimony and pension payments that Wife will receive pursuant to the terms of this Agreement. The parties agree that such credit shall be fixed at $2,216.60 as of October 31, 2012 and that they shall notify the Domestic Relations Section that the obligation under that Order shall cease effective October 31, 2012. Husband shall pay the sum of $400.00 directly to wife for the months of November and December 2012 and Wife acknowledges that any credit due for June tluough October shall be applied to the payments which would otherwise be due for November and December 2012 from Husband's pension accounts. If the Qualified Domestic Relations Orders are not in place by December 31, 2012, Husband shall pay to Wife the sum of $579.44 for January 2013 and the remaining credit will be exhausted. Thereafter beginning in February 2013, Husband will pay to Wife the sum of $1,198.68 monthly until Wife begins to receive her distributions directly from Husband pension accounts. Once Wife begins to receive her distributions from Husband's pension accounts, Husband's monthly obligation to Wife will revert to $400.00 per month. 10. CREDIT Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. 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. 11. DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. B: Post Separation Debt: In the event that either parry contracted or incurred any debt since the date of separation on February 1, 2010, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him. or her by reason of debts or obligations incurred by the other parry 12. INCOME TAX 12.1 Past Returns. Each party represents that, to the best of his and her knowledge, all income tax returns and other documents required to be filed with the Internal Revenue Service and any other taxing authority for prior calendar years have been filed and that no notices have been received from the Internal Revenue Service or any other taxing authority which remain unresolved. Each party further represents to the other that, to the best of his or her knowledge, the information set forth in the joint tax returns filed for prior calendar years were and remains accurate and acknowledges that the other party relied upon such representations in signing those returns. Therefore, if any deficiency in federal, state, or local income tax is proposed, or any assessment of any such tax is made against either party by reason of her or his having joined in the filing of joint federal, state or local income tax returns, each party shall indemnify the other and hold them harmless from any tax, interest, penalty or expense resulting from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, penalty or expense shall be divided equally, unless said tax, interest, penalty or expense is finally determined to be attributable to one party's misrepresentations or failures to disclose relevant information of income on the aforesaid joint income tax returns. In that event, the party not determined to be at fault shall choose the counsel to represent the parties or themselves individually in the matter and shall have the sole right to decide whether to contest and/or to settle any such deficiency or claim. The party determined to be at fault shall be responsible for making payment for all tax, interest, penalty or expense, and reasonable counsel and accounting fees. 13. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 14. OBLIGATIONS NOT DISCHARGEABLE IN BANKRUPTCY The parties represent that, to the best of their knowledge, there are no bankruptcy proceedings pending involving either of the parties. The payments provided for in this Agreement are not, and are not intended to be, a debt which is affected by a discharge in bankruptcy. Therefore, those debts shall not be discharged in bankruptcy. 15. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS During the course of the marriage, Wife and Husband have incurred certain liabilities. Each party represents, covenants and warrants that, to the best of his or her knowledge and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: (a) no unpaid liabilities, remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; (b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife or affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Wife or Husband aware of any facts which to his or her knowledge might result in any such action, suit or proceeding; (c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the party who incurred that debt shall exonerate and indemnify the other party against and hold the other party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and (d) he or she shall not incur any liability whatsoever in the future for which the other party or the estate of the other party may be liable, and shall exonerate and indemnify the other party against and hold the other party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other party. 16. RELEASE OF TESTAMENTARY CLAIMS Except as specifically provided for in this Agreement: (a) each of the parties shall have the right to dispose of his or her property by last Will, or otherwise, as he or she chooses, without any claim by the other party; (b) the estate of each of the parties, of whatever nature, shall belong to whoever would have been entitled to it, as if the decedent had been the last to die; (c) each party shall permit any Will of the other to be probated and allow administration upon his or her estate of whatever nature to be taken out by whoever would have been entitled to do so had Husband or Wife died during the lifetime of the other; (d) neither Husband nor Wife shall claim against or contest the Will and/or the estate of the other; and (e) each of the parties covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 17. MUTUAL WAIVERS AND RELEASES 17.1 Except as specifically provided for in this Agreement, this Agreement constitutes a full and final resolution of any and all claims which each of the parties ever had, now have or may have in the future against the other party and/or the estate of the other party, including, but not necessarily resulting from, their status as Husband and Wife. Therefore, except for all rights and obligations specifically arising under this Agreement, the parties each do, for themselves and for their heirs, executors, administrators, successors, and agents, hereby mutually waive, remise, release, quitclaim and forever discharge the other party and the heirs, executors, administrators, successors and agents of the other party, for all time to come and for all purposes whatsoever, of and from any and all right, title, interest, cause of action and/or claim in or against the other (except for divorce), or the assets of the other, or against the estate of the other, of whatever nature (including, but not limited to, the assets identified pursuant to this Agreement as belonging to the other party, any income and/or gain from such property, and any assets of whatever nature acquired by the other party prior to or subsequent to the date of execution of this Agreement) and which he or she now has or at any time in the future may have against the other, the estate of the other or any part thereof, whether in law or in equity, whether known or unknown, matured or unmatured, and whether arising under the laws of any jurisdiction and including, but not limited to, the following: (i) out of any former acts, contracts, engagements or liabilities of such other; (ii) pursuant to inheritance, elective and/or intestate rights to the other party's estate, including, without limitation, claims for dower, curtsey, widow's or widower's rights, family exemption, a distributive share, survivor's allowance, benefits under a retirement plan, under the intestate laws, the right to take against the deceased spouse's Will, the right to treat a lifetime conveyance by the other as testamentary, and all other rights of a surviving spouse to challenge a deceased spouse's Will, challenge the other party's Will, elect to take against the other party's Will, and/or participate in a deceased spouse's estate as administrator, executor or otherwise; (iii) right to share in any retirement benefits for the other spouse, except social security; and (iv) for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including, but not necessarily limited to, equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. 17.2 Neither party may apply to any court for a modification of this Agreement, whether pursuant to the Divorce Code or any other present or future statute or authority. In the event that either of the parties shall nevertheless seek such a modification of this Agreement, that party shall indemnify the other party against and hold the other party harmless from any loss resulting therefrom, including reasonable counsel fees and costs. 18. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 19. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such party to enforce those terms in the future. 20. REMEDIES IN THE EVENT OF A BREACH In the event of a breach of any of the provisions of this Agreement by one of the parties, the remedies available to the non-breaching are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity, under the Divorce Code, as amended, including Section 3105 (which includes contempt), as if this Agreement had been an Order of the Court, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. 21. SEVERABILITY If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. The failure of any party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 22. LAW OF PENNSYLVANIA APPLICABLE The parties recognize that the laws of the Commonwealth of Pennsylvania may be modified or changed subsequent to the date of execution of this Agreement, but understand and agree that regardless of where the parties may reside or be domiciled in the future and regardless of the situs of any of the parties' real and/or personal property, this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 23. EFFECT OF RECONCILIATION OR ATTEMPT TO RECONCILE This Agreement shall remain in full force and effect, even if the parties cohabit or attempt to reconcile. 24. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 25. ACKNOWLEDGMENT OF RECEIPT Each party acknowledges having received a fully executed original of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. Date ORGE~A ER ~- // o?/-~/L ~~ Date L ABETH BARKER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this _ day of ~cc~~- 2012, before me, the undersigned, personally appeared G ORGE BARKER, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offi~r'al,~ seal. pOMMONWEALTH OF pENNSYWANIA Notarlai Seal Nathan C. Wolf, Newry public Carlisle Bono, Cumberland County ~ 19 2016 Notary MEMBER, y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this~~ day of ~,/~41/~,~'tiU'~L'~ 2012, before me, the undersigned, personally appeared ELIZABETH BARKER, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and of i eal. -- ppMMpp~yyEgLTH pF pENNSYWANIA Notary Public ~"_" aodriaf seal TBmmie L. Peters, Notary Puck CR!9WI0 Htuo, Cumberland County My ~,~uniq~rxr Sept 9.2015 V 170N Of WITNESS: NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ELIZABETH BARNER Plaintiff v. GEORGE H. BARNER, JR, Defendant ~~ C ~ r.~ IN THE COURT OF COMMON PLEA r~ :CUMBERLAND COUNTY, PENNSYLTIA`~ -t ~ w . ~~ N0.2010-1082 CIVIL ~ c -v _ v '~' IN DIVORCE ~"' .~-~ PRAECIPE TO TRANSMIT RECORD To the Prothonotary: r-`~ ,:;~. -; ~_:i ~ _.._ ter; -~ ~~ ~~ -- :,r: c.,: `~~ ~ .~~ Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about February 12, 2010 and served upon defendant on February 20, 2010 (see affidavit of service filed February 22, 2010). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: November 7, 2012 By the defendant: December 3, 2012 (b) (1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: n/a (b)(2) Date of filing and service of the plaintiff s affidavit upon the defendant: n/a 4. Related claims pending: None 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: n/a (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 3, 2012 Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 3, 2012 December ~ , 2012 N C. WOLF, Esquire, for Plaintiff ELIZABETH BARNER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :CIVIL ACTION-LAW GEORGE H. BARNER,JR., :NO.2010— 1082 CIVIL TERM Defendant : IN DIVORCE STIPULATION FOR THE ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this �� day of p\Q , 2013, the parties,Elizabeth A. Barner, Plaintiff, and George H. Barner,Jr.,Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, George H. Barnet,Jr., (hereinafter referred to as "Participant") is a participant of the National Electrical Benefit Fund (hereinafter referred to as "NEBF"). 2. Pursuant to Section 206(d) of the Employee Retirement Income Security Act of 1974 (ERISA) as amended and Section 414(p) of the Internal Revenue Code, this Qualified Domestic Relations Order assigns a portion of the NEBF benefits from Participant to Elizabeth A. Barner (hereinafter referred to as "Alternate Payee") in recognition of the existence of the Alternate Payee's rights to a portion of the Participant's NEBF benefits. 3. The Participant's social security number and date of birth are stated in the Addendum attached to this Order which Addendum shall be submitted to the Plan Administrator but which shall not be filed of record. 4. The Alternate Payee is the former spouse of Participant. The Alternate Payee's social security number and date of birth are stated in the Addendum attached to this Order which Addendum shall be submitted to the Plan Administrator but which shall not be filed of record. 5. Participant's last known mailing address is: 66 Jumper Road Shippensburg, PA 17257 6. Alternate Payee's current mailing address is: c/o Paul Barner 10 Alleman Lane Shippensburg, PA 17257 7. It is the responsibility of both the Participant and the Alternate Payee to keep a current mailing address and name on file with the administrator of the NEBF at all times. Any notice of a change of address or name shall be made in writing and directed to: NEBF,Attention: Plan Administrator,2400 Research Boulevard, Suite 500,Rockville, Maryland 20850-3266. S. The Plan to which this Order applies is the National Electrical Benefit Fund. 9. The Alternate Payee is entitled to a portion of the Participant's benefits under the Plan as set forth below. The Plan is hereby directed to pay all benefits directly to Alternate Payee. 10. The Member is currently receiving a monthly pension benefit in the amount of$733.11. The parties acknowledge that the Member's retirement option election is final and irrevocable. 11. The Alternate Payee is awarded 50% of the Member's gross monthly pension benefit. The Alternate Payee shall receive 50%of any scheduled or ad hoc increase that is applied to Member's gross monthly pension benefit. 12. Commencing the month following the month in which this Order is approved by the Plan, the Alternate Payee shall receive a monthly benefit until the earlier of the death of the Alternate Payee or the death of the Participant. If the Participant predeceases the Alternate Payee, the Alternate Payee shall be entitled to the survivor annuity if one was selected at the time the Participant applied for pension and if the Participant and Alternate Payee were married at the time of retirement and were married for more than one year. If the Alternate Payee predeceases the Participant, the Alternate Payee's benefit shall revert to the Participant. In the event the Alternate Payee remarries the Participant,or marries another individual,the benefit paid to the Alternate Payee shall continue being paid. 13. If the Participant returns to covered employment after entry of this QDRO, and as a result, earns additional years of credited service, the Alternate Payee's benefit will not be increased to reflect those additional years of credited service. Further, the Alternate Payee's benefits will be suspended during any period of time in which the Participant returns to covered employment and the Participant's benefits are thereby suspended. 14. Participant shall execute and deliver to Alternate Payee an authorization,in a form acceptable to the Plan,which will authorize the Plan to release to Alternate Payee all relevant information concerning Participant's retirement account. Alternate Payee shall deliver the authorization to the Plan which will allow the Alternate Payee to check that she has been and continues to be named as the survivor annuitant if applicable. 15. The Plan shall issue individual tax forms to Alternate Payee for amounts paid to her. 16. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Participant. Alternate Payee is not entitled to any benefits not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. 17. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require the Plan to provide any type or form of benefit,or any option not otherwise provided; (b) Does not require the Plan to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Participant based upon cost of living or increases based on other than actuarial values; (c) Does not require the Plan to provide any payment of benefits to Alternate Payee which are required to another Alternate Payee under another order previously determined to be a QDRO. 18. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 19. The Court of Common Pleas of Cumberland County,Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided,however, that no such amendment shall require the Plan to provide any type or form of benefit, or any option not otherwise provided by the Plan,and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 20. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon the Plan immediately. The Domestic Relations Order shall take effect immediately upon the Plan's approval and the Plan's approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE,, the parties,intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT C) (:3 f2L I — C:n X <>- --Jtn W Wz: cow J 0" Pl ant/Pa cpant Atto intiff lternate Payee fitness for ndant/Participant ADDENDUM TO QUALIFIED DOMESTIC RELATIONS ORDER For Submission to the Plan Administrator Only_Not to be Filed of Record In consideration of the need to protect personal data and exclude such data from public records where exposure may give rise to identity theft, and given the guidance of the Federal Privacy Act, this Addendum shall be forwarded to the Plan Administrator when submitting the Court certified copy of the Qualified Domestic Relations Order but shall not be filed with the Court. Participant Information Alternate Payee Information Name: George H. Barner,Jr. Name: Elizabeth A. Barner Address: Address: c/o Paul Barner 66 Jumper Road 10 Alleman Lane Shippensburg, PA 17257 Shippensburg, PA 17257 SSN: 184-26-7307 SSN: 208-24-4197 Date of Birth: 05/04/35 Date of Birth: 02/27/31 Participant's Attorney's Information Alternate Payee's Attorney's Information Name: Nathan C. Wolf Name: Dean E. Reynosa Address: 10 West High Street Address: 26 West High Street Carlisle, PA 17013 Carlisle, PA 17013 Phone: 717-241-4436 Phone: 717-243-6222 Email: nathancwolf @embargmail.com Email: dreynosa @ssr-attorneys.com The Court certified copy of the Qualified Domestic Relations Order and this Addendum shall be forwarded to: NEBF c/o Lawrence J. Bradley, Exec-Sect./Treas. 2400 Research Boulevard Suite 500 Rockville, MD 20850-3266 ELIZABETH BARNER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :CIVIL ACTION-LAW GEORGE H.BARNER,JR., :NO.2010— 1082 CIVIL TERM Defendant :IN DIVORCE STIPULATION FOR THE ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this I day of , 2013, the parties,Elizabeth A. Barnet,Plaintiff,and George H. Barnet,Jr.,Defendant, do hereby Agree and Stipulate as follows: 1.The Defendant, George H. Barnet,Jr., (hereinafter referred to as "Participant") is a participant of the IBEW Local No. 143 Pension Fund (hereinafter referred to as the "Fund"). 2. Pursuant to Section 206(d) of the Employee Retirement Income Security Act of 1974 (ERISA) as amended and Section 414(p) of the Internal Revenue Code,this Qualified Domestic Relations Order assigns a portion of the IBEW Local No. 143 Pension Fund benefits from Participant to Elizabeth A. Barnet (hereinafter referred to as "Alternate Payee") in recognition of the existence of the Alternate Payee's rights to a portion of the Participant's Fund benefits. 3. Alternate Payee is the former spouse of Participant. 4. Participant's last known mailing address is: 66 Jumper Road Shippensburg,PA 17257 The Participant's social security number and date of birth are stated in the Addendum attached to this Order which Addendum shall be submitted to the Plan Administrator but which shall not be filed of record. 5. Alternate Payee's current mailing address is: c/o Paul Barnet 10 Alleman Lane Shippensburg, PA 17257 It is the responsibility of Alternate Payee to keep a current mailing address on file with the. Plan at all times. The Alternate Payee's social security number and date of birth are stated in the Addendum attached to this Order which Addendum shall be submitted to the Plan Administrator but which shall not be filed of record. 6. The Participant and the Alternate Payee were married on June 18, 1955 and were granted a divorce on December 6,2012. 7. The Alternate Payee is entitled to a portion or all of the Participant's benefits under the Plan as set forth below. The Plan is hereby directed to pay all benefits directly to Alternate Payee. 8. The Participant is currently receiving a monthly pension benefit in the amount of$864.24 from IBEW Local No. 143. The parties acknowledge that the Participant's retirement option election is final and irrevocable. 9. The Alternate Payee is awarded 50% of the Participant's gross monthly pension benefit which was accrued by the Participant at retirement in the amount of$864.24. The Alternate Payee shall receive 50% of any scheduled or ad hoc increase that is applied to Participant's gross monthly pension benefit. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible on or about the date the Plan approves a Domestic Relations Order incorporating this Stipulation and Agreement. 11. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. 12. If the Participant dies before the Alternate Payee, the Alternate Payee shall be provided a survivor benefit in accordance with the option elected by the Participant upon his retirement. Participant reaffirms his selection of Alternate Payee as his survivor annuitant and waives his right to select a new survivor annuitant by reason of his divorce from the Alternate Payee. 13. Participant shall execute and deliver to Alternate Payee an authorization,in a form acceptable to the Plan,which will authorize the Plan to release to Alternate Payee all relevant information concerning Participant's retirement account. Alternate Payee shall deliver the authorization to the Plan which will allow the Alternate Payee to check that she has been and continues to be named as the survivor annuitant under the Plan's option. 14. The Plan shall issue individual tax forms to Alternate Payee for amounts paid to her. 15. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Participant. Alternate Payee is not entitled to any benefits not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. 16. It is specifically intended and agreed by the parties hereto that this Order: w (a) Does not require the Plan to provide any type or form of benefit, or any option not otherwise provided; (b) Does not require the Plan to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Participant based upon cost of living or increases based on other than actuarial values. 17. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 18. The Court of Common Pleas of Cumberland County,Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require the Plan to provide any type or form of benefit, or any option not otherwise provided by the Plan, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 19. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon the Plan immediately. The Domestic Relations Order shall take effect immediately upon the Plan's C-) r1a approval and the Plan's approval of any attendant documents and then shall remain in eft uail further Order of the Court. zm � -<> CO r; --;c WHEREFORE, the parties,intending to be legally bound by the terms of this Wain ' CD ,•., and Agreement, do hereunto place their hands and seals. rvr- CD :> BY THE COURT J. Pi ' tiff Alternate Payee fendan Par a t Atto e r Pla lternate Payee Witnes fo e ndant/Participant (20 ADDENDUM TO QUALIFIED DOMESTIC RELATIONS ORDER For Submission to the Plan Administrator Only-Not to be Filed of Record In consideration of the need to protect personal data and exclude such data from public records where exposure may give rise to identity theft, and given the guidance of the Federal Privacy Act, this Addendum shall be forwarded to the Plan Administrator when submitting the Court certified copy of the Qualified Domestic Relations Order but shall not be filed with the Court. Participant Information Alternate Payee Information Name: George H. Barner,Jr. Name: Elizabeth A. Barner Address: Address: c/o Paul Barner 66 Jumper Road 10 Alleman Lane Shippensburg, PA 17257 Shippensburg, PA 17257 SSN: 184-26-7307 SSN: 208-24-4197 Date of Birth: 05/04/35 Date of Birth: 02/27/31 Participant's Attorney's Information Alternate Pavee's Attorney's Information Name: Nathan C. Wolf Name: Dean E. Reynosa Address: 10 West High Street Address: 26 West High Street Carlisle, PA 17013 Carlisle, PA 17013 Phone: 717-241-4436 Phone: 717-243-6222 Email: nathancwolf @embargmail.com Email: dreynosa @ssr-attorneys.com The Court certified copy of the Qualified Domestic Relations Order and this Addendum shall be forwarded to: IBEW Local No. 143 Pension Fund c/o D.H. Evans Associates, Inc., Contract Administrator. 2207 Forest Hills Drive, Suite 14 P.O. Box 6480 Harrisburg, PA 17112