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Home My WebLink About01-1579LORRIE ANN JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CIVIL ACTION - LAW VS. NO. 01 -IS74 CIVIL TERM GERALD WADE JONES, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Carlisle, PA 17013 (717) 243-7922 LORRIE ANN JONES, Plaintiff VS. GERALD WADE JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - /,?"? 9 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) and 3301(d) OF THE DIVORCE CODE COMES NOW, Plaintiff LORRIE ANN JONES, through her attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE 1. Plaintiff is Lorrie Ann Jones, an adult individual, whose current address is 88 Pinedale Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Gerald Wade Jones, an adult individual, whose current home of record is 38 carlton Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 5, 1982 in Cumberland County, PA. 5. There have been no prior actions of divorce filed in this matter. 6. Plaintiff and Defendant are not members of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) and Section 3301(d) of the Divorce Code. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, ?r?lG er,quire J J. jenue Li L4 ' erty Carlisle, P? 17013 (717) 243-7922 Date: / // I/01 VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my cotmsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in malting this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to unsworn falsification to authorities. Date: C co C O > O 3'- Q? T Q o ? a7 m O E U J > C uj N t0 O c • a) L '7 as w O ar t0 ° _ N Y a ca U J Q N o ? r re k O C C3 1'J 'i yC) ? C3 LORRIE ANN JONES, Plaintiff vs. GERALD WADE JONES, Defendant IN THE COURT OF COMMON PLEAS OF CIVIL ACTION - LAW NO. 01 - 1579 IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, Lorrie Ann Jones, and that he did serve a true and correct copy of the Complaint in Divorce that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant Gerald Wade Jones, on March 20, 2001. The receipt form is attached hereto. James J. Kaye Es ire NOTARIAL SEAL Sworn to and subsc ' efbre me is 21st day of March 2001 Vickie J. Group, Notary Public Borough of Carlisle, County of Cumberland ?y My Commission Expires Aug. 30, 2004 Notary Public ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 3?,CbtQ?taN 4?vwJu? Cfk2US?F Pk not3 A. Received by (Me" Print Clearly) G ERALD sa ? z 9. of U I C. Sign e X ?y.ir 0-.rlN it es Addresses 17 Age D. Is delivery address different Yes & If YES, enter delivery addre : No 3. Service Type I i led Mail 0 Express Mail 0 Registered E3 Rdrurn Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0,r- 2. Article Number (Copy from service /abeq L(?7 y-12_ Airy P Form 3811, July 1999 Domestic Return Receipt 102595-99 -1]e9 LORRIE ANN JONES, Plaintiff vs. GERALD WADE JONES, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CIVIL ACTION - LAW NO. 01 - 1579 CIVIL TERM IN DIVORCE PRAECIPE Please withdraw my appearance as counsel of rec for the above-captioned Plaintiff. Date: J s J. 1 er, E uire Please enter my appearance as counsel of recorva Date: CERTIFICATE OF SERVICE} On this day of ` 20C?, I, hereby certify that I served a true and correct copy of the foregoing Praecipe upon all parties of record via United States Mail, postage prepaid, addressed as follows: Philip Spare, Esquire 44 West Main Street Mechanicsburg, PA 17055 SAIDIS, SNUFF, FLOWER a LINDSAY ?JY,U I :?"??Va) Lome A. Jones, In the Court of Common Pleas of Petitioner Cumberland County, Pennsylvania V. No. 2001-1579 Civil Term Gerald W. Jones, Civil Action - Law Respondent In Divorce PETITION FOR SPECIAL RELIEF AND NOW, comes Lorrie A. Jones, by and through her counsel, Saidis, Shuff, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on July 5, 1982 and having separated on or about March 15, 2001. 2. The parties are owners of a home at 38 Carlton Avenue, Carlisle, Cumberland County, Pennsylvania. 3. At the time of their separation Petitioner left the marital home with the parties two children and Respondent has resided in the marital home ever since. 4. The marital home has been appraised and has a value of approximately $80,000. It is encumbered by a first mortgage with a pay off of approximately $8,300.00 and a second mortgage with a pay off of approximately $25,500.00. The second mortgage was used to finance a car driven by Respondent. 5. Since the parties' separation and through June, 2003, Respondent has SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA been making the first and second mortgage payments on the marital home. 6. Respondent has not made the payments on the marital home for July, August and September. In order to try to protect her credit rating, Petitioner has made those payments. 7. Some time in the summer of 2003 Respondent also removed from the marital home, upon information and belief, with his girlfriend. 8. The marital home is a significant marital asset. 9. Petitioner is a kitchen worker at Carlisle Hospital and is unable to maintain payments both for the mortgages on the marital home and her own apartment. 10. On September 4, 2003, the undersigned transmitted to attorney for Respondent a listing Agreement so that the house could be sold. To date, there has been no response to the request to put the marital home on the market. 11. Petitioner will be substantially harmed if the marital property is lost in foreclosure. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why he should not sign the Listing Agreement presented to him on September 4, 2003 and proceed to an Agreement to sell the property to a qualified buyer. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•ATHAAW 26 W. High Street Carlisle, PA By: ID# 44693 26 We h Street Carlisle, PA 17013 (717) 243-6222 ire I VERIFICATION I verify that the statements made in this Petition for Special Relief 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 unswom falsification to authorities. Dated: )Inm 0 ,() • VCCo Lorrie A. Jones, Petier SAIDIS SHUFF, FLOWER & LINDSAY ATTURNEYS.AT.LAW 26 W. High Street Carlisle, PA Lorrie A. Jones, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. No. 2001-1579 Civil Term Gerald W. Jones, Civil Action - Law Defendant In Divorce CERTIFICATE OF SERVICE AND now, this /I 1 day of !?Z Ifi 2003, I, Carol J. Lindsay, Esquire, of the law firm of S IS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Special Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 S. Hanover Street Carlisle PA 17013 SAIDIS, SHU„FLOWER & LINDSAY Attorneys for Plaintiff ,-) /--) By: ID# 446$3 ) 26 West Igh Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTORMYS•AT•LAW 26 W. High Street Carlisle, PA LORRIE ANN JONES, Petitioner V. GERALD WADE JONES, Respondent . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . 01-1579 CIVIL TERM . CIVIL ACTION - LAW IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 6th day of October, 2003, in accordance with the agreement of the parties as announced in open court and in their presence, it is directed that the Respondent attempt to refinance the marital home so that the debt thereon would be in his name alone. If he is unable to do so, and in the meantime, :irrespective of the matter of refinancing, the Respondent agrees to pay both of the existing obligations on the real estate, one a mortgage and one a line of credit, on or before the day each is due. In the event the Respondent should be in default of either payment for a period of more than 5 days, it is directed that he enter into a listing agreement for the sale of the property. By the Court, ?ndsay Gingrich Maclay, 2109 Market Street Camp Hill, PA 17011 For the Plaintiff / arl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 ;For the Defendant :mae -,<-AAL Ke in A. Hess, J. Esquire e /0-07-(s ?n?? !? 1?`li?i '? T'.''"?Vt ;v ??_.,.. y.,,,. .. ,. r, c(, ,._ G. ,? ? i SEP 2 4 2003 Lorrie A. Jones, : In the Court of Common Pleas of Petitioner : Cumberland County, Pennsylvania V. : No. 2001-1579 Civil Term Gerald W. Jones, : Civil Action - Law Respondent : In Divorce ORDER OF COURT AND NOW, this d?61A day of ?lP jj e A-) , 2003 upon consideration of the within Petition, a Rule is issued on Respondent to show cause why the relief requested should not be granted. Rule returnable at a hearing set for the 47 day of C6C1zW1F"l at the Courthouse at Carlisle, Pennsylvania at o'clock g_.m. t? t cl' W7". BY THE COURT SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA J. ti NZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORRIE ANN JONES, Petitioner V. GERALD WADE JONES, Respondent CIVIL ACTION - LAW No. 2001-1579 (Civil Term) (In Divorce) IN RE: PETITION FOR SPECIAL RELIEF AGREEMENT AND STIPULATION OF COUNSEL THIS AGREEMENT and STIPULATION OF COUNSEL is entered into this day of October, 2003, by and between Lindsay Gingrich Maclay, Esquire, counsel for Lorrie Ann Jones (hereinafter referred to as "Petitioner"), and Karl E. Rominger, Esquire, counsel for Gerald Wade Jones, (hereinafter referred to as "Respondent'). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties jointly hold title to a home, more specifically described as 38 Carlton Avenue, Carlilsle, Pennsylvania (hereinafter referred to as the "Marital Home"), which is currently encumbered by a jointly-held first mortgage and a jointly-held second mortgage, in the form of an open line of credit which is secured by the Marital Home; WHEREAS, the parties are in the process of Divorce proceedings docketed at the above-referenced term and number; SAIDIS SHUFF, FLOWER & LINDSAY WHEREAS, Petitioner has obtained alternative housing for herself and her children AWORNM-AMAW 26 W. High Street and has been residing in this alternative housing for a period of over two (2) years; Carlisle. PA WHEREAS, Respondent, had for a period of time, lived in the Marital Home but subsequently had vacated same; WHEREAS, Petitioner, for a number of months, was making the monthly mortgage payments on both mortgages on the Marital Home; WHEREAS, Petitioner could no longer afford to make the monthly mortgage payments; WHEREAS, Petitioner filed a Petition for Special Relief with this Court, at the above-referenced term and number, asking to force Respondent to sign an Agreement of Sale for the Marital Home; WHEREAS, prior to the scheduled Hearing on this matter, counsel for Petitioner and Counsel for Respondent were able to reach an agreement with regard to this matter; WHEREAS, said Order was dictated on the record and was subsequently entered on October 6, 2003 (a copy of the October 6, 2003 Order is attached hereto as Exhibit "A" and incorporated as if fully set forth herein); WHEREAS, counsel in this matter wish to clarify the agreement reached prior to the October 6, 2003 Hearing in this matter; NOW, THEREFORE, counsel for Petitioner and Respondent hereby clarify the terms of the October 6, 2003 Order and agree as follows: 1. Except as otherwise provided herein, this Stipulation and Agreement will be read in conjunction with the October 6, 2003 Order issued by the Honorable Kevin A. Hess; and 2. If and when Respondent is able to refinance the Marital Home into his name SAIDIS only, he will refinance enough of the equity to pay off Petitioner's interest in the marital SHUFF, FLOWER & LINDSAY AMRMYS•AVI.AW estate, which proceeds will be held in escrow until such time as a final resolution is reached 26 W. High Street Carlisle, PA with regard to equitable distribution; and 3. Respondent specifically agrees to pay the first mortgage on or before the Ist of every month, the date said payment is due; and 4. Respondent specifically agrees to pay the second mortgage on or before the 19th of every month, the date said payment is due; and 5. The last line of the October 6th Order, which reads "[i]n the event the Respondent should be in default of either payment for a period of more than 5 days, it is directed that he enter into a listing agreement for the sale of property" is superseded by the following: "[i]n the event the Respondent should fail to pay either mortgage on its respective due date, it is directed that, within five (5) days of a request by Petitioner to do so, Respondent enter into a listing agreement for the sale of the Marital Property." 6. In the event that the Marital Home is listed for sale, at the same time as Respondent signs the Agreement of Sale, Respondent agrees to provide Petitioner with a set of working house keys to the Marital Home. IN WITNESS WHEREOF, counsel for the parties have hereunto set their hands and SAIDIS SHUFF, FLOWER & LINDSAY ATTORMYS•AT•LAW 26 W. High Street Carlisle, PA seals the day and year first written, above. r in say Gin V,LOWER dMa ay, Esquire SAIDIS, SHU& LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 Attorney for Petitioner Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, Pennsylvania 17013 Attorney for Respondent Exhibit "A" -OCT 0 8 2003 LORRIE ANN JONES, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. 01-1579 CIVIL TERM CIVIL ACTION - LAW GERALD WADE JONES, Respondent IN DIVORCE ORDER OF COURT AND NOW, this 6th day of October, 2003, in accordance with the agreement of the parties as announced in open court and in their presence, it is directed that the Respondent attempt to ref_^a.. e the marital so that the debt thereon would be in his name alone. If he is unable to do so, and in the meantime, irrespective of the matter of refinancing, the Respondent agrees to pay both of the existina obligations on the real estate, one a mortgage and one a line of credit, on or before the day each is due. In the event the Respondent should be in default of either payment for a period of more than 5 days, it is directed that he enter into a listing agreement for the sale of the property. By the Court, Key ? n A. Hess, J. Li dsay Gingrich Maclay, Esquire 109 Market Street Camp Hill, PA 17011 For the Plaintiff Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 For the Defendant Mae IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORRIE ANN JONES, Petitioner V. GERALD WADE JONES, Respondent CIVIL ACTION - LAW No. 2001-1579 (Civil Term) (In Divorce) IN RE: PETITION FOR SPECIAL RELIEF ORDER ADOPTING STIPULATION OF THE PARTIES AND NOW, to wit, this zz'' day of oc-4z 6u , 2003, upon consideration of the foregoing Stipulation and on Motion of Lindsay Gingrich Maclay, Esquire, counsel for Petitioner, Lorrie Ann Jones, and on Motion of Karl E. Rominger, Esquire, counsel for Respondent, Gerald Wade Jones, it is hereby ORDERED, ADJUDGED and DECREED that the terms, conditions and provisions of the foregoing Stipulation, dated October L 2003, are adopted as an Order of Court, which is to be read in conjunction with the October 6, 2003 Order entered in this matter, as if set forth herein at length. BY THE COURT, SAIDIS SHUFF, FLOWER & LINDSAY ATFORNEYS.AT•LAW 26 W. High Street Carlisle, PA cc: Lnndsay Gingrich Maclay, Esquire ,Karl E. Rominger, Esquire V Oy"JJ? i Kev' A. Hess, J. (: _t . Lorrie A. Jones, : In the Court of Common Pleas of Petitioner : Cumberland County, Pennsylvania V. : No. 2001-1579 Civil Term Gerald W. Jones, : Civil Action - Law Respondent : In Divorce PETITION TO COMPEL DISCOVERY AND NOW, comes the Petitioner, Lorne A. Jones, by and through her counsel, Saidis, Shuff, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on July 5th, 1982 and having separated on or about March 15lh, 2001. 2. On or about May 8th, 2003 Petitioner served on Respondent a request for Production of Documents and a set of Interrogatories, a copy of which is attached hereto as Exhibit "A". 3. More than 30 days have passed and the Respondent has not produced the documents requested nor has he answered the Interrogatories. WHEREFORE, the Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why he should not be required to produce the documents requested and answer the Interrogatories. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNM-AT.LAW 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: , Esquire 26 West Hidh Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Q • WI(0 Lorrie A. Jones, Petition SAIDIS SNUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORRIE ANN JONES, Petitioner CIVIL ACTION - LAW V. No. 2001-1579 (Civil Term) GERALD WADE JONES, Respondent (In Divorce) CERTIFICATE OF SERVICE AND now, this 9e/./ /, day of 1 ee, e tn. be r''" 2003, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Request for Production of Documents this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Karl E. Rominger, Esquire Rominger & Bayley 155 S. Hanover Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA By: Carol J Lihdsay, Esquire ID4 93 26 est High Street Carlisle, PA 17013 (717) 243-6222 i C 0 2003 ?y Lorrie A. Jones, Petitioner V. Gerald W. Jones, Respondent : In the Court of Common Pleas of : Cumberland County, Pennsylvania : No. 2001-1579 Civil Term Civil Action - Law In Divorce ORDER OF COURT AND NOW, this 3( a day of Dee,-Z.e , 2003 a Rule is issued upon the Respondent to show cause if any why he should not be required to provide the discovery requested. Vre" r t,vr s? Rule returnable 2 ° da)+of frem the date of norvicc hervJf al [I iv Ccurthousc at Corlirle; Pennsylvania at (ruluuk .m. BY THE COURT SAIDIS SHUFF, FLOWER & LINDSAY ATTORNRYS•AT•LAW 26 W, High Street Carlisle, PA I. A6L J. ?? ?',?. ^^ ! ? i1^ 7\?I':1 .. .. r J ? : ? r ?; ??? ? ? ??? sect •ll_',??? U?16 Lorrie A. Jones, : In the Court of Common Pleas of Petitioner : Cumberland County, Pennsylvania V. : No. 2001-1579 Civil Term Gerald W. Jones, : Civil Action - Law Respondent :In Divorce PETITION FOR A RULE ABSOLUTE AND HEARING NOW COMES Lome A. Jones by and through her counsel Saidis, Shuff, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Flower & Lindsay and petitions this Honorable Court as follows: 1. On May 8, 2003 Petitioner served upon Respondent a Request for Production of Documents and a Set of Interrogatories. 2. When the interrogatories were not answered and the documents not produced, on December 31, 2003 Petitioner filed a Petition to Compel Discovery. 3. On December 31, 2003 this Honorable Court issued a Rule to Show Cause why the discovery requested should not be produced, making the Rule returnable 20 days after service. A copy of the Petition and Order of Court is attached hereto as Exhibit "A". 4. On January 6, 2004 the Court's order of December 31, 2003 was served on counsel for the Respondent. A copy of the letter of service is attached hereto as Exhibit "B". 5. Subsequently, counsel for the Respondent provided a formal response to the Request for Production of Documents and the Interrogatories. The responses to the discovery request were inadequate in several particulars including that set out in a letter to counsel of September 8, 2004 attached hereto as Exhibit "C". 6. On September 20, 2004, no informal response having been received, a second Request for Production of Documents was served on the Respondent. 7. Petitioner has incurred attorneys' fees in an attempt to secure the discovery requested. The attorneys' fees are approximately $350.00. WHEREFORE, Petitioner prays this Honorable Court to make the Rule of December 31, 2003 absolute and to set a hearing at which Respondent need appear and provide the additional discovery requested. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY By: Carol J. Lindse< , Esquire ID# 44693 2E West Ifligh treet Carlisle, P 17013 (717) 243-6222 26 W. High Street Carlisle, PA Lorrie A. Jones, in the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. No. 2001-1579 Civil Term Gerald W. Jones, Civil Action - Law Defendant In Divorce CERTIFICATE OF SERVICE AND now, this day of = 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAID , SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Rule Absolute and Hearing this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Karl E. Rominger, Esquire Rominger & Bayley 155 S. Hanover Street Carlisle PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for PPtitioner, n SAIDIS SHUFF, FLOWER & LINDSAY Carol J. Lin?sa , Esquire ID# 44693 26 West High Street Carlisle, PA 17013 (i'17) 243-6222 26 W. High Street Carlisle, PA DEC 3 U 2003 Lorrie A. Jones, : In the Court of Common Pleas of Petitioner : Cumberland County, Pennsylvania V. : No. 2001-1579 Civil Term Gerald W. Jones, : Civil Action - Law Respondent : In Divorce ORDER OF COURT AND NOW, this 315} day of 1)ItP, , 2003 a Rule is issued upon the Respondent to show cause if any why he should not be required to provide the discovery requested. oSLe.f, SERV\c-e. Rule returnable ? da f - QLeieck--Trf. BY THE COURT J. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High street Carlisle, PA TRUE CC)FY MC M In Testimony whereof, ! and the seal of sai Coure °`a Cwlt ` ?` 31 ... r ?f.c......r I PEI it • ?rr,?pi ?? ?[?i Lorrie A. Jones, : In the Court of Common Pleas of Petitioner : Cumberland County, Pennsylvania V. : No. 2001-1579 Civil Term Gerald W. Jones, : Civil Action - Law Respondent : In Divorce PETITION TO COMPEL DISCOVERY AND NOW, comes the Petitioner, Lorrie A. Jones, by and through her counsel, Saidis, Shuff, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on July 5th, 1982 and having separated on or about March 15th, 2001. 2. On or about May 8th, 2003 Petitioner served on Respondent a request for Production of Documents and a set of Interrogatories, a copy of which is attached hereto as Exhibit "A". 3. More than 30 days have passed and the Respondent has not produced the documents requested nor has he answered the Interrogatories. WHEREFORE, the Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why he should not be required to produce the documents requested and answer the Interrogatories. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff C "073. Lingay, Esquire I 44693 26 West Hi h Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: J-2 /Q'3 In--I;, LU a Louie A. Jones, Petition SAIDIS SNUFF, FLOWER & LINDSAY ATTORNEYS•AT•IAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORRIE ANN JONES, Petitioner V. GERALD WADE JONES, Respondent CTVIL ACTION - LAW No. 2001-1579 (Civil Term) (In Divorce) CERTIFICATE OF SERVICE AND now, this day of " IsLe r--, , 2003, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Request for Production of Documents this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Karl E. Rominger, Esquire Rominger & Bayley 155 S. Hanover Street Carlisle, PA 17013 SAIDIS SNUFF, FLOWER & LINDSAY AMPNCYS•AT•LAW 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: ID# 44j693 26 West High Street Carlisle, PA 17013 (717) 243-6222 LAW OFFICES I r SAIDIS, SHUFF, FLOWER & L]NDSA COPY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CAMP HILL OFFICE: JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 2109 MARKET STREET ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 CAMP HILL, PA 17011 GEOFFREY S. SHUFF EMAIL: attorney@ssfl-law.com TELEPHONE: (717)737-3405 JAMES D. FLOWER, Jr www.ssfl-law.com FACSIMILE: (717)737-3407 CAROL J. LINDSAY MATTHEW J. FSHELMANt KIRK S. SOHONAGE tsoem Cemoed0. hia - THOMAS E. FLOWER Rights Reprmenuvim LINDSAY GINGRICH MACLAT JACLYN SMITH REPLY TO CARLISLE January 6, 2004 Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 S. Hanover Street Carlisle PA 17013 RE: JONES V. JONES Dear Karl: Enclosed please find the Court's Order of December 31", 2003 issuing a Rule on Gerald Jones to show cause why he should not provide the discovery requested. Very truly yours, SAIDIS,,SHUFF, FLOWER & LINDSAY Carol J. CJLIap cc: Lorrie Jones JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR CAROL). LINDSAY MATTHEW J. FSHELMANt KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACLYN SMITH SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney®ssfl-law.com www.ssfl-law.com `?L 6 CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 tRO„a C?wcw Caaaon• W,W Repmsen w. REPLY TO CARLISLE September 8, 2004 A copy of his 2003 federal income tax return. 2. A copy of his present pay stub. 3. Statement from the Teamsters indicating whether he has any pension plan other than the Teamsters Retirement Income: Plan for which he provided uf? a statement. That plan supplemented an earlier Teamsters plan, a defined benefit plan. Please have him provide a letter from the Teamsters as to whether he is entitled to that defined benefit plan. 4. LAW OFFICES VIA FACSIMILE 241-6878 AND FIRST CLASS MAIL Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 RE: JONES V. JONES Dear Karl: Lome has asked me to seek the appointment of the Master and I intend to do that. I will be asked to ce-tify discovery. I reviewed the discovery request that you sent to us last February. I wil' need to have that discovery supplemented) and completed as to some particulars. The original discovery was filed in 2003 and we need some additional information. Pl:mlase have Mr. Jones provide the following within the next two weeks: V? ith regard to the Teamsters retirement income plan, you provide a statement for the value as of December 31, 2002. The parties separated in March 2001. It would be probably be in Mr. Jones interest to provide a copy of his statement for the end of 2000. Additionally, Lorrie is entitled to any increase in value of the plan during the period of separation therefore please have Mr. Jones provide the statement for December 31, 2003 and Karl Rominger September 8, 2904 Page 2 a4etter from the Teamsters which indicate the interest on the account up to` the present. 5. Mr. Jones did not provide any bank statements and we need those to know what the date of separation balances are on the account. If he does not have the bank statements at home, please have him go to the bank and have him obtain the March 2001 statements for any accounts in which he has an interest individually or with anybody else. Thank you for your assistance. very truly yours, Saidis, Shuff, Flower & Lindsay i i CarokUnd a? C JL:ap Cc: Lorne Jones Lorrie A. Jones, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. : No. 2001-1579 Civil Term Gerald W. Jones, :Civil Action -Law Defendant : In Divorce NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without: you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, 17013. 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 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATIUMYS•AT.LAW 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 Lorrie A. Jones, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania V. : No. 2001-1579 Civil Term Gerald W. Jones, : Civil Action - Law Defendant : In Divorce AMENDED COMPLAINT IN DIVORCE LORRIE JONES, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: COUNTI SAIDIS SHUFF, FLOWER & LINDSAY ATTpRMyS-AT-LAW 26 W. High Street Carlisle, PA 1. The Plaintiff is Lorrie Jones, an adult individual who currently resides at 408 Walnut Street, Unit B, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. The Defendant is Gerald Wade Jones, an adult individual who currently resides at 38 Carlton Avenue, Carlisle, Cumberland County, Pennsylvania, 17013 . 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 July 5, 1982 in Cumberland County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Plaintiff and Defendant are not members of the United States Armed Forces. 7. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 8. Plaintiff has been advised of the availability of marriage counseling and of he right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II - EQUITABLE DISTRIBUTION 9. The averments of Paragraph 1 through 8 are incorporated herein by reference as though set out in full. 10. The parties have, during their marriage, acquired certain property, both personal and real. WHEREFORE, Plaintiff prays this Honorable Court to equitably divide the parties' property. COUNT III - ALIMONY COUNSEL FEES AND COSTS 11. The averments of Paragraph 1 through 10 are incorporated herein by reference as though set out in full. 12. Plaintiff is without resources sufficient to pay for reasonable needs. WHEREFORE, Plaintiff prays this Honorable Court to award to alimony in an amount sufficient to provide for reasonable needs, counsel fees and costs. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for-Plaintiff _ ?., SAIDIS SHUFF, FLOWER & LINDSAY ATTOftNCYS-AT-LAW 26 W. High Street Carlisle, PA Date: Z ID # 446Q3 26 West gh Street Carlisle, PA 17013 (717) 243-6Q22 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Lorne Jone Date: SAIDIS SHUFF, FLOWER & LINDSAY AT NEYS•AT•LAW 26 W. High Street Carlisle, PA h.T 1 _ r: LORRIE A. JONES, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW : 01-1579 CIVIL GERALD W. JONES, DIVORCE Respondent IN RE: PETITION FOR A RULE ABSOLUTE AND HEARING ORDER AND NOW, this Z8- day of September, 2004, a brief argument on the within petition for a rule is set for Thursday, December 2, 2004, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Xarol J. Lindsay, Esquire For the Petitioner arl Rominger, Esquire For the Respondent Am 09-R9-0/ BY THE COURT, 65 $ !4V 60d3ShGGZ 3?1?_ C3-Q3ib? ?0 LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW GERALD W. JONES, NO. 2001-1579 CIVIL TERM Defendant IN DIVORCE IN RE: PETITION FOR A RULE ABSOLUTE AND HEARING ORDER OF COURT AND NOW, this 2nd day of December, 2004, action on the within petition is deferred in accordance with the agreement entered into by the parties, as announced in open court and attached hereto. If this matter is not relisted for hearing within sixty days, the petition to be deemed dismissed without further order of court. By the Court, vin/ A. Hess, J. vCarol J. Lindsay, Esquire For the Plaintiff 4,A<'a'rl Rominger, Esquire For the Defendant V :bg 41k {'2-a6 -6 q 'e : 't i _ i ;a+n. 11..1,1'., ?_ '_ - _.. ??? 1 s ?.d t.. ? i7 +?'.{a . _ . ? ..?. LL ....... _ _ _ ? LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW GERALD W. JONES, : NO. 2001-1579 CIVIL TERM Defendant : IN DIVORCE IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, December 2, 2004, in Courtroom Number 4. APPEARANCES: CAROL J. LINDSAY, Esquire For the Plaintiff KARL ROMINGER, Esquire For the Defendant 1 MS. LINDSAY: Good afternoon, Your Honor. 2 THE COURT: Good afternoon. 3 MS. LINDSAY: Your Honor, we are here on a 4 petition filed by Plaintiff Lorrie Jones, in the matter of 5 Jones v. Jones, No. 2001-1579, seeking a rule absolute on a 6 petition to compel discovery. Counsel and I have reached an 7 agreement that we can just put on the record, and I think we 8 can have this matter resolved. 9 THE COURT: All right. 10 MS. LINDSAY: Counsel will provide to us 11 within ten days Mr. Jones' 2003 Federal income tax return. 12 And he will also provide a release signed by Mr. Jones 13 within ten days, so that I can get from the Teamsters 14 pension plan administrators information regarding his 15 Teamsters retirement benefits. 16 Mr. Jones will also sign a release in favor 17 of our office to obtain bank statements for March 2001 for 18 any bank statements which he has. 19 And, finally, Mr. Jones has provided today to 20 me a copy of a release regarding personal injury proceeds. 21 And I can take care of that into the future. 22 Finally, there is the matter of attorney's 23 fees in trying to pursue all of this. We have agreed that 24 the amount of $350.00 would be the attorney's fees in this 25 case, but the matter of these fees can be reserved for the 2 1 Master to assign or determine. 2 THE COURT: Okay. 3 MS. LINDSAY: But we wanted to get the amount 4 on the record. 5 MR. ROMINGER: That's all correct, Your 6 Honor. And I just want to add, the 2003 tax return was 7 previously brought to but not exchanged at a support 8 conference, and so it is more of an oversight than it was 9 anything else. The Teamsters issue, my client did provide 10 what he did have from the Teamsters. But since counsel 11 wants a little bit more information, the release I think 12 will satisfy both s ides in that respect. 13 THE COURT: Okay. 14 MR. ROMINGER: And otherwise the agreement is 15 completely correct. 16 THE COURT: Well, what I will do is simply 17 defer action on the petition in accordance with your 18 agreement. And if nobody approaches me about relisting the 19 matter for hearing, we will deem it dismissed. 20 And Now, this date, action on the within 21 petition is deferre d in accordance with the agreement 22 entered into by the parties and announced in open court. If 23 this matter is not relisted for hearing within sixty days, 24 the petition to be deemed dismissed without further order of 25 court. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. LINDSAY: Your Honor, could I just request that the agreement be transcribed and attached? I don't mean for you to redo it, but just so we all have it. THE COURT: As a matter of fact we will just add comma, attached hereto, after we make reference to the agreement. MS. LINDSAY: Thank you, Your Honor. (End of proceedings) 4 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. /,z 61- 6Y !9 Date Kevi A. F[ess, J. Nin Judicial District 5 `S ry W1 DEC i u .. . Lorrie A. Jones, : In the Court of Common Pleas of Petitioner : Cumberland County, Pennsylvania V. : No. 2001-1579 Civil Term Gerald W. Jones, : Civil Action - Law Defendant In Divorce MOTION FOR APPOINTMENT OF MASTER Lorrie A. Jones,. Petitioner, moves the court to appoint a master with respect to the following claims: ( ) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support ( X ) Alimony ( X ) Counsel Fees ( ) Alimony Pendente Lite ( X ) Costs and Expenses and in support of the motion states: counsel, Karl Rominger, Esquire (3) The statutory ground(s) for divorce is/are .3301 (c) and/or (d) (4) Delete the inapplicable paragraph(s). (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: NONE, (c) The action is contested with respect to the following claims: ALL. (5) The action complex issues of law or fact. (6) The hearing is expected to take. (7) Additional information, if any, reltva to the Date: Carol J. Li cis y, Attbrney for Petitioner ID # 446 (1) Discovery is complete as to the claim(s) -for which the appointment of a master is requested. (2) The Defendant, Gerald W. Jones appeared in the action and is represented by 26 W. High St. Carlise, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY A l l VNYG I J•A I •LA W 26 W. High Street Carlisle, PA ORDER APPOINTING MASTER AND NOW, this ?S day of 2004, Esquire, is appointed master with respect to the following c`aim By the Court, r A6 J. T-? n - C -- c-7 , o ' CD t [J ? ' i ? .. ?s fi• f tiu. ?.7 ? L v.r tJ ?L LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1579 GERALD W. JONES CIVIL ACTION- LAW Defendant IN DIVORCE REQUIREMENTS FOR DIVORCE MASTER PRETRIAL STATEMENT ? N .b r• r w ? N O Q' N N C) C N ? < a.yy K fG ? r O O r O p p O p O I 2 V? y e`°o C L G I O K A G 'i W 6 n m m z z r Vi rte] I ? r u ? N r. N rN O ? G C ?. m 0 m ? I ti b R O N A W d N IDV+ ? ? A N O G d N I N i y ^''• 'dr 0 o ? A °y m ? o n K A 19 O U ? p ego r a I Id A c a ?a ? C a 0 b a, 0 n w 0 e' t a I? fD ? y ? `nS S as n?rontnG? eo ?" '? a t't ? •t CL y fD CD ft ti 00 ° ft a° c w = ? u Q O ? w O fD fD O O a Cf 7QQ h y W w ? G CD A W Cl w C 0o O 00 ? A7 T O O .+ A O M b9 69 f e E6 "C k ,C rw z ? ? o o a a ? ?= 00 N d o O °O o o ,. 0 0 ? z _ 0 0 0 0 00 ?, M K M O T ?? yyy CD CD CD CD N cs ° ro o y 0000 ? k a a b y Q A .-.moo JUinAwN? C" x. za yro ro CD r- CD (D o w =° w o m CD O ^' > ^ ? CD X ? B G C ' N < C ro 'y p? "?O >t •t 'y ? Li S 3 W . N O C3 0= a I CD w = w .. r o N r c o o m .. ?'1 x (D CT7 `t N O 7 A 7 L x O? N O A `? O w Y . (D A Ciy N '? n n Q' A J b ? J ? y O e Q w N w w r? ;? c o F G O ? y "d G ? ? C '3 0 N A r Hy 7 ? -h ? ? ?. {Cpy1? a r :J ? v' ? G ? A " ? d r. ° .. ?"" m C•? ce G r • eo o o ?•N 3° o ?w m 7 N C 0 0 ° o o ° .., ? ? co o ?° rte=' ? w 00 VC, 00 t-? O q ? ? v' N -00 (n 00 fD v w w ,.] h t t- a o ? -I N a y rn N A W r coo p ? o (9 Oh y "? N co N m y ., a o ro `?03 N O H O ? X O a S u' w ? f0 a ,a ? t3 p' V' Via! V ° a n w o N C rn ?. o G N m 7 n y t7 N b ° a d O ? ? y O M d M A ?'qf A C O a 00 ? A d R O' ?I a C A d 69 A O °o o ? 0 e 0 0 d A Q x m = d a ? y o o ro C ^' ?s o A A d A a 4 y r d cnAwN--my-?tia R O O O O C en. ~ y G no- [4 Oh C C SID N n o M N 6 Cl. O? G •* p? rOn R a. G C C, C v O ? w ? ? y ? O N N (ND w w a O M N CD 'CS ?i w O G 4 O 'S b A a y w N ?d 0 O. M ? fD C w.. W O ? O O (D n G• X b7 e? a 0 kM d R File No. 0800301 Page 8t TABLE OF CONTENTS Borrower/Client _N(A?----,----`____..---_..-_----------------_._. __ _.- -_-? Address 3Cadton Avenue -----------------------------,.--- -- City S?tIIsle _,? County Cumberland-- State Pa._-- ZiP Code 12013 Lender/Client Lorrie A. Jones Cover Page Cover Letter Table of Contents Appraisal Summary Uniform Residential Appraisal Report Text Addendum Subject Photos Building Sketch Comparable Photos Location Map Certification and Limiting Conditions Invoice Addenda B-H Agency Appraisal Services 163 N. Hanover Street Carlisle,Pa. 17013 (717) 243-1000 This form was reproduced by united systems Software company (600) 969-8727 1 2 3 4 5 7 8 9 10 11 12 14 15-16-17 / -t ..File No 0800301 Page #2 Property Address: 38 Carlton Avenue Carlisle, Pa. 17013 Appraisal Prepared For: Lorrie A. ]ones 408 B Walnut Street Boiling Springs,Pa. 17007 Prepared As Of: 08/15/01 Prepared By: G.Arthur Calaman/Douglas R.Helneman B-H Agency Appraisal Services 163 N. Hanover St. Cariisie,Pa.17013 This form m reproduced by United Systems Sollmse Company (600)969 -872 7 Form Cm mg Vac 1.1 B-H Agency Appraisal Services 163 N. Hanover Street Carlisle, Pa. 17013 (717) 243-1000 Fax(717)243.1718 Date: August 17,2001 Client: Louie A. )ones 408 B Walnut Street Boilings, Pa. 17013 cc: Attorney 3ohnna Kopedry 26 W. High Street Carlisle, Pa. 17013 In accordance with your request, I have personally Inspected and appraised the property located at : 38 Carlton Avenue Carilsle,Pa. 17013 As per you Instructions, the purpose of this appraisal was to determine Fair Market. Value, in unencumbered fee simple title of ownership Note: This Is a Summary Appraisal Report, containing 16 pages (including attached addenda). Any single page is invalid If detached or used separately from this entire report. This report In its entirety is Intended and valid for the use of the Client (as named above) only, and is invalid If photo copied in part or in whole by anyone other than the Appraiser(s) named In the report. It Is Intended soley for the Client, and shall not be used by anyone other than the Client without the prior written consent from the Client and the State Certified Appraiser conducting the appraisal. This report was prepared with the utmost care and was established with no pre-determined opinion of value Thank you for using B-H Agency Appraisal Services. Douglas R. Heineman Dedgmd by United Syslams Cmrpany 1800) 9694727 File No 0800301 _ Page #4 APPRAISAL SUMMARY Subject Address .............. 38-Cu nAwnue.---- -,- -- Legal Description ............. See aLtashed?eeQ-..--.. -----------.--- City .......................... fadisla -- --- County ....................... CAober1-anal- ----- State ........................ ed.----- --------- Zip Code ..................... lZ(11- -- --- - ---- - Census Tract ................. 9125 --- ------------------- - ---- Map Reference ............... -2-21--0L489-0-82-&-0 83 Sales Price $ ................. Date of Sale ................... -NL?- _--_---- -- Borrower/Client ............... NlA ---- .-_---- Lender ...................... Loftie_B..]9nes --- Size (Square Feet) ............. _--- Price per Square Foot ........ $ ----- - - -- Location .....................4urb?rL_ -- -- Age .......... ........ ors -- -- - Condition .................... EaiL- - - - -- -- --- Total Rooms ................. 5- --- -- -- - - - - Bedrooms ................... Z- ---- Baths ......... :.............. 1 QQ --------- -- - -- Appraiser .................... Do ugLaSebeFria n_ G.Arthlursa laman------------- Date of Appraised Value ....... 9B/15101 Final Estimate of Value ....... $ 29Q99--- - -- - Designed by Unlef Syslenu Software Goopny (800) 969-8 72 7 UNIFORM APPRAISAL REPORT File No. 0800301 ----- ------ -------------- ProperryAddres Gq Carlisle- State fa _ZipCode 17013_... . Legal Descrlpllon SEe attached deed __Cou_?Cumberland-__.__-_ Assessor's Parcel No. 0-22-0489-082 063 Tax Year 2001 RP. Taxes $ _-Special Assessments $ N A Current Owner_GlXakL&_LgFrie A,.Jlpe5 _ Occ?anl -_ Owner f Tenanl-f-yaranl Bmrowe N/A _ Project Type _- ? PUD L] Condominium (HUDNAonly) HOA$ lUA_-7Mo._ le Leasehold Pr a rights araised Fee Sim -- _ _ Nel hborhoad or Project Name Map Reference _22-0489=0$Z& 00 Census Tracl_ 0125 ___ Date of Sale JA Descriphan and $ amount of loan charges/concessions to be paid by seller Sales Price $ N/A Lander/Client (-op ie A. Jontp _ Address 406 B Wain u_t_$t eet -BoOlLng $prUts Pa._;<7007 Heineman Addre praiser G Arthur Calaman/Doualas R ss B-H Agency A pp Laisal Services 1( 3 NJianover Sf_ lisle&a.1701 _ _ Location X Urban ? Suburban ? Rural Predominant Single fondly housing Prefeat land use % Land use change Built up Over 75% ? 25-75% ? Under 25% occupancy PRICE AGE $(000) (Yrs) One family 9Q M Not likely ? Likely - Growth tale Rapid N Stable ? Slow ? Owner ? Low - 5 - 70 - -- 24 family __ _ [_,[ In process Properryvalues ? Increasing X Stable ? Declining [-] Tenant 0 High _?? Mulls -family - --- To: DamanNsuDDly El Shortage ®In balance ? Over supply ? Vacant (0 5%) Predominant ---- ----- Commercial __30-- - --.-__--- Marketing time ? Under 3 mos. ® 3-6 mos. ? Over 6 mos. ? Vacant (over 5%) 110 40 Note: Name and the reeled composition of the neighborhood are not appraisal }actors. Neighborhood boundaries and characteristics: SubjeSt-15 LocatW-just Qyer_the__Carlls_Le-W:tZugh_.Linejn $.-.MiddleWn_TWp.It Is-bordemd_ to the north bv_Pa.Rt. 6411ito the east by-1pa.Rt,74; to the south by__I-BIJ the west by_Pa,Rt 34. Factors that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, employment stability, appeal to market, etc.): Subjecbpmpettyisin -die_gr_eaterCarlisle-CPa)-Area- aaQr-roadwaYs, eniPloY/netlt,-ShQPPID.9,_schoola_ Wt.ttpublicand ----- prjYate)ate-w inie&wiiable-ftingdlsta3nce (Jtilftiesas well_ashreand_Niceprotestion-are-present-and_adectuate_fer_ __ area. t ism o inion that the subject pro-pe?t! is.in_fair condition and is weed Qf min_or cosmetic repairs such_as_-_ complete_(ntedor repainting,carpet-replaceme[Ltetc ,and cowling of-the -r_ear quarter of the_exterior with vinyl siding $s- tr(rll,_Iflit'sr?irrent statebsq!etappeafY+4uld_bf:_9reatlt! Offected.?_- _---..__-. ---.___.- _-_.___-. -____-- - -_. Market conditions in the subject neighborhood (including support lot the above conclusions related to the trend of property values, demand/supply, and marketing time -such as data on competitive propedies for sale in the neighborhood, description of the prevalence of sales and financing concessions, etc.). EmploMmt.. morl=e-Lates and-hQLisng Iriventories_haw remained-stablein_-the area,_andAthougMe marketis-very-_-__ Wble,_pmp"-appm ation hasJla-d i Welacrease overtb-e pastyear Average marketing-timeforsimilarpropert(esin ---- this area-would-be 20 to 180 days Seller_concesslQns are relatively common,_but usually don't-eneed.$3000-____ ? No Project Information for PNNs (If applicable) - -Is the developer/builder in control of the Home Owners' Association (HOA)? ? Yes Approximate total number of units in the subject project Approximate total number of units for sale in the subject project N/A - - Describe common elements and recreational facilities: N/A _ Dimensions Lot #20 Par Sel 062L50x 1--L0 L#21_Parce(-08.3: 5Vx154- - Topography i,evel/Rolling-__ Site area ..a1 Rotal b4t(]?QtS)-_- ---- Cornet Lot ? Yes No size 9,64-ACre_ Specific zoning classification and description Resldential Shape Redangutar_ -- Zoning compliance 0 Legal El Legal nonconforming (Grandfathered use) [] Illegal [] No zoning Drainage Appears ate Highest 8 best use as Improved Present use [] Other use (explain) View lyplcat-_-- _ 9111"1" Public Other off-21119 Improvements Type Public Private Landscaping -Mawm Electricity ® Street Macadam- ---____..-0 ? Driveway Surface Maeadarrl Gas Curb/Gutter N_Orn ------ ____.._._ ? ? Apparent Easements Nomelgl4Wn Water Sidewalk None _--__-__- ? ? FEMA Special Flood Hazard Area ? Yes ® No SanitarySewer Street Lights Ele0 rLG-.--_- M ? FEMA Zone C- Map Date 4__ Ngy, 1981 Storm Sow ® Alley None ? ? FEMA Map No. _420371-0010 B Comments (apparent adverse easements, encroachments, special assessments, slide areas, Illegal or legal nonconforming toning use, etc.)_ Norte knOWDQLQ I GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Units -1 - Foundation .5lab-- Slab Yer?-_----- Area Sq. FI. NIA--- Hoof --- ? No. of Stales 1 Exterior Walls Stone ---- Crawl Space N2 .-_._. %Finished Ceiling - _ ? Type (De11Att.) t2CWMed- Roof Surface Sftle/Rubb._ Basement Ceiling Walls ? Design (Style) RanCh Gagers 8 Dwnstals. Metal -- Sump Pump N-Q --_ Walls ---------- Flom ? ExistlogiProposed EXisting_ Window Type 0bl Bng.-_. Dampness NO----- Floor None ?.__ ? Age (Yrs.) 48 Sform/Sueens Yes Settlement No__..-- Outside Entry Unknown Effective Age (Yrs.) 30 Manufactured House Indestalian None ob5eLy_e( I ROOMS Foyer Living Dlning __ Kitchen Den F amily Rm. Roe Rm. Bedrooms NBalhs Laundry _ at _ Areas .Fq 1. Basement Level 1 Level2 Fin-had am ebora made eoata nc Rooms; Bedrooms ; J.Dto Bath s); 1300 Squat e Feet of Gross Living Area INTERIOR Materials/Condllion HEATING KITCHEN EQUIP. ATTIC AMENITIES CAR STORAGE: Floors C0t fa V1n 8L Type EHA Refrigerator r None ® Fireplace(s) # _ 0__ ? None ? _-- - - fair Walls PPIasD W1 _ Fuel 0(I Range/Oven ((-x Stairs ? Patio __ - _ ? Garage # of cars _ .-_- Trlm/Finish Wood _ eve Candilion erage Disposal riiop Stair ? Deck --_,____. ? Attached Bath Floor Vinyl COOLING Dishwasher Scuttle ? Porch _-__` ? Detached Bath Wainscot NLA__-_ _- Central NL9_- Fan/Hood Microwave ? floor l d ? H __._.__-_ [] fence Pool ? Bulllan ' ' Doffs Wpm Other WA - ea e ____.___- x21 CCar p -- 1 -- Condition WasherNryer Finished ? ? r ?y Mmadam Additional features (special energy efficient Items, etc.): Condition of the Improvements, depreciation (physical, functional, and external), repairs needed, quality of construction, remodeiing7addilions, etc.: See °f_aL -that- Marketablil e, Adverse environmental conditions (such as, but not limited to, hazardous wastes, toxic substances, etc.) present in the Improvements, on the site, or In the knmedlele vicinity of the subject properly None Qb$rO(ei?-- - ------- - Freddie Mae Form 70 6-93 This form was reproduced by United Systems Software Company (800) 969-8727 - Page 1 Fannie Mae Form 1004 6-93 #6 Valu rtlon Seetlon UNIFORM RESIDENTIAL APPRAISAL REPORT File No. rugarrind ESTIMATED SITE VALUE ....... A __.d/A. Comments on Cost Approach (such as, source of cost estimate, ESTIMATED REPRODUCTION COST-NEW OF IMPROVEMENTS: site value, square loot calculation and, for HUD, VA and FmHA, the Dwelling 1300.00 Sq. Fl. @ $ estimated remaining economic life of the property): DUe_tQ UTe aces 4 Sq. Ft. @ $ -- " -- CJIB .rbe_subJed lTnp m ement4thes,*.t_apFTD&ch_wasslot _ - -- N/A used. It is the opinion of this appralaer thh - ---- t the cost ___ GaragetUarpod _ Sq. . @ $ N/A ppr)aCh toyalUglS_Ina tuate,due?the---------- Total Estimated Cost-New ot .. . . . ... ... . . . . . Less Physical Functional uernal -$ N/A Depreciation -$ -- Depreciated Value of Improvements .................. ......... : $ ------- - - - "As-fe Value of Site Improvements ...........................: $ -- -- INDICATED VALUE BY COST APPROACH ..................... - $ __-_,_? ITEM SUBJECT COMPARABLE N0.1___ COMPARABLE N0.2-_ COMP/MILE N0.8 38 Carlton Avenue 130 Petersburg Rd. 30 Pine Street 319 E. North Street Address lisle farIjsJe,Pa,-__-- _____ car(Is1e,Pa.--- _...-_ Proximi to Subject __ yyitljin 1 miIe, _ Within 1 mlj YdthlrLl mile - _- Sales Price $ N/A -?8625Q__.-- $ 0999 L$?5Q02? Price/Gross Ltv. Area $ _ JZI $ 79.13 __z__ $12.58 z _ $ 8322__ 0__ Data and/or Inspection CCCH & CPML CCCH & CPML Inspection Verification Sources CCCH __ ---il _CCkGPvL_ VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-)Adjustmerd DESCRIPTION +(-)Adjustment DESCRIPTION +(-)Adjuslmenl Sales or Financing None known _ -- None known - Norte Known Concessions Data ofSaleJfime _ 0IL_ Ol 06122/91-___ 08107Al.- _ Location S_ baban - ---.. .SlIbUlbslll-- Urban_____ - Leasehold/Fee Simple mpie_ ee. $Jmpk Eee-$IIDt2 e -Slmple_ Site .3A-aae .49 acre 1.03 acres- -5000 .26 acre View _Wxal _ YPical----- --- -TYpitt- --- ypleal_ -- - Design and Appeal Rainch -_ eh _-_ - __ RaOctL Och-_ Quality of Construction Average _- A1LerAge --- ---- AYerslQe__-- - -- Aveoge.---- Age -?-- _10-_--m- --- - ? ---- 43-M.- Condition _ Fair A a rage- =10001 Axe ge- --- -400 A _ . age ?QOQO Above Grade Total Bdrms Baths Total Bdrms Baths ms Baths Total IBdr Totat Bdrms Baths 6 Room Count 5 _2 1.00 5? 3 1.00 3000 - I 3 6 1.00 3000 1 . 00 Gross Living Area 1899 __ Sq. Ft. - _ _ 1240_-- Sq. Ft._ _ _ . -Mj_-- Sg, FL... 57Q, Basement & Finished N/A Full -2500 Full -2500 Full -2500 Rooms Below Grade 0 _ -0 0 Functional Utility Typical T pleat -- Heatin oolin FHA O I/G,-AiL_- ---._2.200. HYYB.B_QII[_N_QIL ----.._ H1YBad/lJS2[)g._. Energy Efficient Items pne Knpwrt-_ -('1QDe_kn0Vim_-.. _ ..one k(1ow 1(___ NOlle 15f1pwR Garage/Carport 3-Cm _De?Crpt 1 Car Att. -__.___ _ _-8010 2 Car Carport 8000 1 Car Att..,___ 8000 Porch, Patio, Deck, None Deck -1000 Porch -1000 Porch/Deck , -1500. Fireplace(s), etc. _ gone -- one----._-..-_ ----- Fireplace--___-- ---_1500 .fireplace-- -1590' Fence, Pool, etc. a None ____. Ncme Fence _.--____ Net. Ad j. total -11400 -+ $ 4992 LZ± $ 4930 Adjusted Sales Price G: 33.16% G: 27.78% _ G: 30.030k of Comparable N_9 74% $ __ 77850 N: 10_00°/ $ 81000 Nr568.01' $ 81870 Comments on Sales Comparison (including the subject propertys compatibility to the neighborhood, etc.): SM-011ttild ed-_aCkl dUm.,,-__ . VELA SUBJECT COMPARABLE No. I _COMPARABLE 10. 2 COMPARABLE 00. S Dale, Price and Data 12/30/85 N/A N/A 12/14/00 Source 1 prior sales $45450 $62300 within ,warmapprJsat CCCII' _ ccc_ Analysts of any current agreemerd of sale, option, or Ilsting of the subject property and analysis of any prior sales of subject and cemparablas within one year of the date of appraisal: bJesiand? oRlQarables las; arlsferred ownerSJll(zQ"-C dalM-Iiiste<LaWxe, aced M-irrm leelrre'50J"M_P ben VA he- t of this appraiser's knowledge. -- --- -__---- - INDICATED VALUE IT SALES COMPARISON APPROACH ................................................. $___ - INDICATED VALUE BY INCOME APPROACH II Applicable Estimated Market Rent $ /Mo. x Gross Rent Multiplier -=$ N/A The appraisal is made "as is" ? subject to the repairs, alterations, Inspections, or conditions listed below IJ subject to completion per plans and specifications. Conditions of Appraisal: -c*e RUched-addendum„•----__---------- _---_---- -- -- --------------------------------------- Final Reconciliation: Sam allached addendum,.. __- The purpose ul This appraisal h to eslimale the market value of the real property that Is the subjeot of this report, based on the above conditions and the certification, contingent and limiting conditions, and market value definition that are stated in The attached Freddie Mac Form 439/Fannie Mae Farm 10048 (Revised I OBE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT 13 THE SUBJECT OF THIS REPORT, AS OF 08115101____-__ (WHICH IS THE DATE OF INSPECTION AND THE EFFECTIVE DATE OF THIS REPORT) TO BE $ APPRAISER: SU )SILLS NY APP ER (ONLY IF REQUIRED): Signature S N Did [] Did Not Hama Date fleport Signed man --- _- -- Na man------------ Inspect Property 08/17/0 ? DateRepariSigned StateCertification# Asslskanltothe_Cerkitied___-_--_.State-PA._State Certification #__RL-0Q056Q_L.-__--------- StatePa, - ._ a av License # Real Estate Awralser Stale Or Stale License # RL-000569-L StatY Pa. .-a:o„n wm ee,uauwu or o,o,eo ays,ems aumxare Company tbuu) ebe-er(i - rage Z Fannie Mx Form 1004 6-93 File No. 0800301 Page #7 ??.v? ?ww?"uw??u acne nvnvcnnvvm F11%110. muwu1 Borrower/Client _WA Address 38 Carlton Avenue _ City Carlisle __ County fumbedand__ Stale Pa. zip Code .12Q13?J Lender/Client Lnrrie A. ]ones COMMENTS ON COMPARABLE SALES The comparable properties used In this analysis are in my opinion the best available, and being sold within the most recent months. All are In close proximity and very similar in nature, style, size, and condition. EXPOSURE TIME: For the appraised property, the exposure time, based on the experiences of other similar properties In the same or similar neighborhoods Is estimated at more or less than four months. Exposure time is backward looking and there is historical data available that provides a reasonable Indication of the amount of time that would have been Involved to market the property, and obtain a sale as of the effective date of the appraisel. This data has been used in this estimate. MARKET TIME: Marketing time on the other hand is forward looking, and is expressed as an estimate(projection) of the time that would be required to market the property and obtain a sale. In this context, it should be noted that I have adhered to the definition of marketing time as put forth by the "Appraisal Standards Board." This definition advises that marketing time does not begin until two things take place: an offering of the property at price that marketing participants find acceptable, and. an effective marketing is implemented. SCOPE (EXTENT) OF APPRAISAL: In the preparation of this appraisal, I have made a physical Inspection of the site and the improvements. I have traveled to the neighborhood and made appropriate notes. Data sources employed In addition to the physical Inspection were the zoning map and ordinance for the municipality, the recorded deed, the tax assessor parcel records, and the FEMA maps for the location. CCCH & CPML are acronyms for Cumberland Co. Court House and Central Penn Multi-IJst respectively. These were the primry sources used to secure property data. In addition, already verified Information and data from my own files was used If aril where appropriate. The Information developed was independently verified where public sources did not provide needed data verification. I have contacted listing agents or other parties to the transactions, if I felt It necessary to verify data listed in CPML, as well as any suspected unordinary seller concessions. In the valuation process, all appropriate value approaches, or their exclusions are discussed in the appropriate sections of the report. CONDITIONS OF APPRAISAL The appraiser is unable to know or verify, and in most Instances unqualified to determine or verify any Insulation "R" factor; also the presence of urea formaldehyde foam Insulation(UFFI), lead based paint, asbestos, the presence of any radon, polyciorinated biphenyls(PCB's), chlorofluorcarbons(CFC's), leaking storage tanks(above or below ground), and soil contminates or any type of contamination. The quality of any drinking water cannot he tested or verified by this appraiser. The appraiser has no expertise and Is unqualified to make any assumptions, statements, or warranties as to the condition of any on site septic/sewage system If present. The appraiser is not qualified to test for any contaminates in, on, or around the property, and can make no assumption as to whether or not they are present. It is to be noted however, that if any of the afore mentioned items are present, the market value could be adversely affected or violated. The appraiser(s) hs made every effort to look, notice, and document if observed, any apparent or unusual appearing circumstance in, on or around the property at the time of the Inspection. The appraiser has only considered the dwelling and Items attached as realty. Personal or other Items not permentiy attached such as refrigerators, washers, dryers, window air conditioners, etc, were not given consideration in the appraisal. Also NO VALUE is given as to small storage sheds, pools(above or In-ground), swing sets, normal fencing, or other exterior structures of perceived value, unless specifically noted In report. All plumbing, heating, air conditioning(if present), and electrical systems appear to be functional to the best of this appraiser's knowledge, but no warranty or expertise is stated in this report. FINAL RECONCILATION This report is a Summary Appraisal report. In this appraiser's opinion, the Sales Comparison Analysis represents the best indiction of market value for the subject as defined on page 1 of the Statement of Umiting Conditions, This Approach to Value was weighted the most In estimating the subject's market value as of the date of the appraisal. The Income Approach was not considered by this appraiser, as the area is predominatly owner occupied, therefor limiting the mount of available data that would be necessary to complete the Approach to Value. Because the area is primrily owner occupied, there was Insufficient available rental data to complete an Income Capitliztion Approach for this report. COMMENTS ON SALES COMPARISON All three comparables are within 1 mile of the subject property,and In similar neighborhoods. It is the opinion of this appriser that all three would have like appeal to a potential buyer In the marketplace. Adjustments have been made to all comparables because of the better appearance and condition at the time of their sale and appraisal for that sale. Conditions of each were verified by either CPML and/or the personal inspection of this appraiser. In veriflcat'lon of comparable #3,It was listed in public record and CPML data to be 3 Bedrooms and 1 1/2 baths. An Inspection of this property was made personally by this appraiser at the time that it was on the market,and it was actually 2 Bedrooms and had a toilet (only) In the basement. The 3rd Bedroom was in fact an enclosed porch or breezeway,much like the "Family Room" of the subject. I have therefore shown it in this report as I have seen it...2 Bedrooms and 1 Bath. The property was totally renovated and in excellent condition,as was comparable #1. Deslgrhedbytlnited Syslen Soltrsre (808)969-8727 File No 0800301. Page #8 SUIUECT PHOTOGRAPH ADDENDUM Borrower/Client: Address: 38_C.adton9Yenuet_--._-_-.__-_------.--------------_-----.- City: Cadisie _ County: Cumberland_--_.. State: Pa,__.._- Zip Code: 17013-_-.-_ Lender/Client: LorrieA Jones Front View Rear View This loan was reproduced by United Systems Sofinn, Company (800) 969-8727 File Na 0800301 _page f!_9 SKETCH HIS No. 0800301 Borrower/Client Address 38 CaHton AY50v_e-------_--------------- -- - City Carlisle __ County (;Unjberland _- State Pa,__-- Zip Code 17013 Lender/Client 1ffiLLe-AJQn-e5 Designed by United Systems Software Company (800) 969-8727 File No. 0800301.. Page #10 LOCATION MAP FIN No. 0800301 Borrower/Client Address 38fadWnAvenue i -- _-----,-- ---_--------__---- City -Cadisle County -Cumberland-- State Pa-- Zip Code _1Z013__- Lender/Client 14[1 le A. )ones _ - re - r - r C4G EGA -- y F ? pE9 sy /? s ? t`C ?pVNE oL ?/ a s 11 / N ? Y a Doti H '- / ry Q ?J F ? a? ??\ A) ?? 1 ptiE w 11 ? ? p S B 1 o E<? cP*1G ?? u 11 ;P ji ? ,p u / w x B ? NOERS .nsejc, aLl .A A pm y r ?Q- \ 1W:8St FR LI Coj o O •N)q,• O? 1gNEN t ELM n7Ha 9 PENN P a L Ost `. aurNE > w o 02CNEN, ON a < n HE 2 / ? LOtl7NER Nn av J m GH H[GH ?' (x-- 570"E P R? ue6R r, PnEI AeA`aTYO RrNDLE )RING p S011T1 a1 y o _ KLEN \ 90117 (71ANA b ._ BOL > // SJ A SUIIJEf.T W L Opyi aw 9 t OQ_ cl O PING / r cry r R ? a / c7 ? ° N ) rtf +t BE comp 14091. 6 l x wO °t 2sr ORIN 44pLA FA RYIEW Eµ LIIhESE OUtt 1) 1 1 ?yUR\E- I b GLLIN BENTLEY I £ CARTER a I 1400 LA oe t j ? c Z qq g % h6BR? 1 _L wAPrc tse IBO INC i Scale: 3.52 miles Designed By Uniled Systems Soltme COmeny 1800)969-8727 File No. 0800301_P89e #_11 File No. 0800301 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from selle r to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions` granted by anyone associated with the sale. "Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession, but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, expressed or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the present of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research Involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, expressed or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such Items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage Insurer, consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freodle Vic form 439 6.93 elol2 Fannle Mae Fam 10046 6-93 mk ram M mOroduced W Wed SYS 6y?lems 6olta2re Canpany C8001 969-6 7 2 7 NeNo.0&00301 _Page #1_2 F_8_o No. 0800301 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: t. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. It a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, it a significant item in a comparable property is inferior to, or less favorable than the subject, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated, in the appraisal report, only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise slated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report, therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. G. Arthur Calaman,Assistant to the Certified Real Estate Appraiser,has assisted and contributed significantly in the Inspection,collection of data,market research,and all other areas involved in this appraisal procedure. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certification numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 3E SadtonAv?nue ?adisJe 3? 171t1?____._ _ _- APPRAISER: SUPERVISORY APPRAISER.: (only if required) Signature: _ Name: ur ralaman Date Signed: QBL1Z/oi __ State Certification #: Assistant to the-QMkrierd__ ._ or State License #: Reat F_etate Appraiser - State: P14• --___ Expiration Date of Certification or License: _ Signature Name: p4 an_-_ -_-_ _ Date Signed: State Certification #: or State License #: RL-00p5621?__--.-__- State: Expiration Date of Certification or License: 46/0103.._ ® Did ? Did Not Inspect Property Freddie Mae Form 439 6-93 Page 2 of 2 Fannie Mae Form 10046 6-93 This form was reproduced by Wood Syslems Softwo Company (600) 969-8727 File No, 0800301 _e #13 INVOICE B-H Agency Appraisal Services Y _0800301 163 N. Hanover St. Catilsle,Pa.17013 Lorrie A. ]ones 408 B Walnut Street Boiling Springs,Pa. 17007 08117/01 O8/15/Ol Purchaser/Borrower NIA Property Address 38 adton Avrenue___ _. City Carlisle Subdivision "Carlisle County Cumberland __ __ State Pa. Legal Description Map Reference 22-0489-08208_-___-___-_._-__-__ _ Unit Martyr,-_ _ Zip Code -17-Q13_._ --?__ _ Appraisal Fee Amount ............. Mail or Handling Fee .... Additional Charge No. 1 .. Additional Charge No. 2 Additional Charge No. 3 Sales Tax ............. Comments-, Paid CAD time of in5pes tlon ................................................ $ $225.00 (Paid3 $ ?.? ---? .. $ $ ................................................ $ Total Amount of Invoice $ $225.00 (Paid) - checklA > from H. gay?tallly_III THANK YOU ----------------------------- ------------------------------------ -------------- -- 08/17/01 _ 08115(01 _ 08130301 _ (717)960-9509 Lorrie A. ]ones 408 B Walnut Street Boiling Springs,Pa. 17007 AMOUNT DUE $ _$225.00 (Paid) -v - _-- --? B-H Agency Appraisal Services 163 N. Hanover Street Cadisle,Pa. 17013 - -- --- AMOUNT ENCLOSED s CMS -Hatance Due upon rtrztp of Imrolca. - Pl?se relem this pooian with yyoour Payment. Thank You) Oeslened tH Unileo Systems Soaware (800) 969A727 - ---- School Disk Cumb, Co., Pa. 1% Real L,fete L.Wortrtaw Dale .... Amf..f f .60k-" S. CO- t)41. Cal, Art. No. 336 Climb. Co., Pa. I % Real f-fef. iran,ln T. a.f, -fib dS- .>? 9. sr .... Ant........... 00 Q4?e )Sre.?b'7fetn¢ C& (list. Col. Ae-`-_- ct. ?`• FE&SIMPLE DEED-TTpewritss Tbig 1rt?QQk?nt rr, -mubp zl,p 30 day of on the West' of our Lord Owe rhousand Sine Hawdrsd cited eighty-five ,(1985) . f tfllU WILLIAM K. BECK, also known as WILLIAM K. BECK SR., widower of Sout MM eton Township; C e-r an County, Pennsylvania, GRANTOR and party of the first part, A N D GERALD W. JONES and LORRIE A. JONES, his wife, of Newville, Pennsy vania, GRANTEES and parties of the second part, MHU916110 4 That the saidport y of Ike first part, for and its oansideroNsn oftheram of FORTY-FIVE THOUSAND FOUR HUNDRED FIFTY AND 00/100 ($45,450.00) Dollars, latr/ul money of the United States of America, }tell and truly paid by the said port ies of the -eeond part to the said part y of the first part. of and before the crating and delivery of thee, presents, the receipt rchereof is hereby acknowledged. has Proofed, bargained, sold, aliened, enfeoffed, released, conveyed and coaftr•ned and by these prevents d, grant, bargain, sell, alien, enfeo/f, release, convey, and omsfirm unto the said part ies el' the rdwnd ryrrt their kArs and aeeio", Mt those certain lots or parcels of ground situate in South Middleton Township, Cumberland County, Pennsylvania, together with buildings and improvements erected thereon, bounded and described as follows: NO. 1 - ALL ,Ghat certain lot of ground situate in South Middleton To wnship, Cumberland County, Pennsylvania, being Lot No, 20, Block "F", in the Plan of Lots known as "Carlisle Manor", which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3e Page 79. HAVING thereon erected a one-story dwelling house. BEING the same premises title to which became vested in William K. Beck and Anna M. Beck, his wife, by deed of Walter F. Nickel, Jr. and Louise G. Nickel, his wife, by their attorney-in--fact, Linda F. Fa.rner, dated July 1, 1.958 and recorded in Deed Pock 1S-N, Page 74, Cumberland County records, NO. 2 - LOT 21, Block "F", of Plan of Lots known as Carlisle Manor as recorded in the Office of the Recorder of Deeds for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 3, Page 79; said--- Lot having a frontage of fifty (50) feet on Carlton Avenue and extending one hundred fifty (150) feet in depth, and being subject to building and use restrictions which are attached to and made part of said Plan of.Lots, excepting Restriction No. 2, which is expressly intended not to impose or reimpose. ri-r.--f71Cc' OF THE GEC,^ F!? CF DUOS 'B5 GEC 30 f'ti I 25 BO^uYQU Ffrc?U5? I BEING the same premises title to which became vested in William K. Beck, Sr. and Anna Marie Beck, his wife, by deed of Charles A. B. Heinze and Mary L. Heinze, husband and wife, dated September 29, 1966 and recorded in Deed Book D-22, Page 189, Cumberland County records. THE said Anna M. Beck, also known as Anna Marie Beck died on May 7, 1982, thereby vesting title in William K. Beck, also known as William K. Beck, Sr., widower, by operation of law. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reserva- tions, conditions and rights of way of record. 1 11 COMMONWEALTH OF PENNSYLVANIA = DEPARTMENT OF REVENUE ''=u 4 TAX 1 _ RFAIIY ?--' m IRANSF 5 4. 50 FR OfC JO'!5 0oor,Q 31 ra;e1051 BOARD APPROVED CHECKLIST.FOR ASSISTANTS Property: qR a,49 rev )?VL. 04t ecis 1,1. ?-A,. 176 [3 The assistant to the state certified appraiser for this report has assisted in the following items: Set up the file with all forms and general information for this report. Assisted in the gathering and entering the data as the following: Tax Assessment information and map, Flood Hazard information and map, Zoning information and map, location map, and similar information. Accompanied and assisted in the inspection of the subject property for this report. Assisted In the analyzing of the Highest and Best Use of the subject property for this report. Assisted in the gathering of the information for the comparable land sales data, verified and analyzed the comparable land sales data for this report. ? Assisted in the gathering of the information for the Cost Approach data, analyzed and selected the cost amounts for this report ? Assisted in the gathering of the information for the Income Approach data, verified and analyzed the rental data for this report P Assisted In the gathering of the information for the comparable market sales data, verified and analyzed the comparable market sales data for this report. Assisted in the verifying of the data at the Tax Assessment office, the Recorder of Deeds Office, County STEB 111 monthly report, County Microfiche service and/or local MLS Service. Assisted in the exterior inspection of the sales, rentals, land and other comparables used for this report Assisted in the sketch drawing for this report. Assisted in the entering of the subject and comparable data on the form and the data In the comment areas of this report Assisted in the final reconciliation and the final estimate of value of the subject property for this report Assisted in the final review of this report. Assistedin putting together and packaging the final report DATE OF INSPEC71ON: Af rG usr 13. AV0/ 'fit ``n 1A11tJj "it t<3,'y, td!!:': ; l JC+ '.'?, s Al "JOY Assistant to the State Certified Appraiser Signature The state certified appraiser forthis report does hereby verify that state certified appraiser did review all the work done by the assistan LllGLr<kS R i7*lNE m#nl State Certifleti Appraiser Date: b8 f 7 °'01 assist with the items checked and the Certificate# L eio' (a9--L 07/25/2005 17:24 7172436510 SAIDIS SHUFF FLOWER PAGE 03/16 OM 041,191P,Awmals" OWN* , I.... worm Propeft Address: 38 Carlton Avenue Ca b%k Pa 17613 Lamle A. ]Ones 408 ViNinut St. 800ing Springs, Pa. 17007 PrepMed As ft May 24 2005 Pr"amd ft. DMJ66 R. HeW~ / G. Arthur Calaman e-H Agency App OW SerNtes 163 N. meow St. Cafte, Pa. 17013 717-243-1000 Exhibit "A" - Oulgnad by NNW Nyatoma Sott,in Company (MM W8727 b//Zb/Zbbb 1/:24 11/243b51O SAIDIS SHUFF FLOWER PAGE 04/16 ue nr. •.rvew OTI N K N i1LI dOeK? APPRAISAL SCIMMMY Sublecl Address . . ........ . ....... 3E Carlton Avenue , Legal Description . . . . . . . . ......... See Arbched Deed Ce *am 08 31 PG 1050151 City ................ ..........? County ......................... C:amha.Mand . State ........... pe Zip Code ................... 17033 Census Tract ..................... gt25-`?-,•,_ _, Map Reference 22• 002 Sales Price ..................... $ WA Date of Sale ..... . . ........ . ..... WA Borrower ........................ N/A .__......._....?.?__.. Lender/Client .............. . ... . .. Lorde A. 30nes Size (square Feet) .... . . ...... . . . . . 3300 Price per Square foot .......... . .. $ Locatlon ........... . ............ Average Age ............................ 52Y_'s U Condition ....... Total Rooms ......... 5 Bedrooms ........... ............ 2 _... Baths ........................... 3.0 .?. AWralser ........................ D"A A., Heinerrerr ® G. Arthur Calamm Date of Appraised Value ............. May 24.2005 Final Estimate of Value ............ $ $70,000M coiprad 6y Unhd 9yaiema 6etrwav Company (900) 909.6927 07/25/2005 17:24 7172436510 SAIDIS SNUFF FLOWER PAGE 05/16 Caresle W. Approuser Douglas R. Helnerna t G. Arthur Cabman Addre ss B•H Aaovv ralsol Sen4¢es 163 N. Har low St. Carfev Pa. i 7DT3 Location ? Urban Suburban Rural Prellaotheoult B heath ls"hol pill ' t Mad a" % lash w alaap Bul tup Over 75% 25-75% ? Under 25% 7 Slow Giti rate RapW Stable C ?smay Ovine W (myry? 60k Law D Dne lamely 7 24 family 8 ® Not likely D Likely F? In process ? values Increasing Stable Declining Pro ert Tenant 350k N 60+ Mulfi-lamp, TO p y Shortage ? In balance} Over supply man itsu l D Vacant (11-5%) Predominant Commercial 1 y e pp Marketing time Under 3 mos, _ 3.6 mos, Over 6 mes. Vtieent Dve 5%) ISD-17D 40+ ( DMus. ) slates: (Lesser and W MW cwlpgtiw d Ma teaymill sal eta Mot aMreslad melees. Nelghti"d boundaries and characteristics: Subjaet Is Misted lust Outside and west of the Grhele Born in Soutlv Middleton Twp. k is bourMeC to the north by _ - Pa. Rt. 641, to dea south a!rd Beet by I-01; to the wont by Spring Gordan St. _ Factors that attract The marketability of the propertles in are neighborhood (proximity to employment and amenhie& employment stability, appeal to market, etc.): and_Qrivite) are vMhkt r?sonable SL" ect loIn the Rater Carlisle t,W.l Market Area. Mo r0adw9Us y loymvtt, shopping, schads (both V# -"C - ,for me area. It Is any Opinion Vast the suo2q.prapol 6 A fair or lees driving dtstarrce, Wkft as wen as fee and elks pr oose"M are pRSaM and a0equabe than average conratian and watd have average (at beet) marsseOnQpotentlal.. Market conditions In the subject neighbodood (including support for the above conc(ualom related to the trend of property values, demandlsuppy, and marketing time -- such as data on competitive properties for We in the neighborhood, description of the pmvalenee of sales and financing concessions, etc.): E meet ntoct?a(?e ram and Ireuang Inventories nave remained stable in. the area, and adhouoh interest rates are rising s6ghW, d* market is vary 9abhz?Pmrmerty appreclatlan teas had moderate increares ore the past velar (alfhm lmaleq S - 9%). Average_ Mad time for similar propeltle; at this arts would be to 90 but: cot be upwards m 180 days. Sdkr concessions in the form of closing rote assistance to the brzyer are rNatlvdy common, -but usually dolt exceed $300Oto $5011g /1a"lokmaom fee polo (If applicable) --tsthe developar/oullder in central at 11% Home Oselow Association (HOA)T ? Yes ? No Approdrnate unai number of units In the subloct femoject N/A Approalmate total number of units for salt in the subjectproject NIA . Descd common elements and facilities: Dimensions 2 TtecLa @ 0.17 sere each... See adaChed Ial desolption to addenda section of report Thparoy Site area 14 810.40 Sq. Ft. _._. Coms r Lot Yes No Sin 0.34 acre (m/L) Avera(p tD arm Speellk toning classification and description Residential Shape ReMingfWar toning compliance [g Legal ? Legal nonconforming (Gra Wlalhered use) r.] Illegal ? No zoning Drainage ARPesrs>o be &dQCWft .... ,.._ Highest & best use as Improved Present use ? Other use (aplaln) View Residenteaf INtitlas Public Other mosti tapNalaaato Type Public chafe landscaping None Efecbicul, Street Macadam - Driveway Sweet MKOOM ? Gas ® fnablGubrx !done DRserv Appear Easements None Found or observed aerved ?L]]1 Sidewalk him Ot Water _ FEMA Special Flood Hazard Area I?1 Yes No Sanitary Sewer Stettlights Year _ d ?]? FEMA Zone _ C Map Date 11104/19011 42D37100106 I ? Amew _. Observe ? FE M o. Comments (apparent advasa easements, encroachments. special assessments, slide areas, illegal at legal nonconformin g zoning use, etc.): None observed or found dWi g the normal course W research of this property. GBIERALDESCRIPTION DRERIORDESCAIPTION FOUNDATION BASEMENT INSULATION No. of Units 5rngle Foundof" SIaO Slab Yes Nees Sq. Ft. N/A Raal No. ofStorras One Bomar Wells Blodcl5ourtn - Crawl Space %/A %Finished Ceiling _ Type(Det./Att.) DET. ls PodSaface Basenri klone Ceiling Wells Design (Style) Ranch Sudes & Dienspls. Alumhasm Sump F ump Wells Floor ?? Existing/Proposed BdsfLx Window Type Dbf•t!29 Damprossis Nonetdlorvtl Floes None ? Age (Ym.l 52 Stomraor ms Soma Settlement Nana OfYxvd Outside Entry Unknown Egective Age (Yrs.) 20.25 Manulacleed House No Infestation lbnbrevm r See addendum ROOMS Favor Livin Dining IOtchen 11 Qgn -Family- Am. Rec. Am. Bedrooms # Baths tawdry Other A%a Sy, F _ Basemen _ NIA ' level t 1 1 1 1.00 1 1300 - lavel2 _ F ant^aan alroa hr. 5 ms; 2 9edlaom.(s : 1.t> d Bah s): 1300 N Feet of ( osa Lkdna Asa INTERIOR MedislyCandilon HEATING KITCHEN EQUIP, ATRC AMENITIES CAR STORAGE:. Floss CoViri POOr ?• Type PHA Refrigerator Nome ? fireplaii of _ None Wails Plaster1wr Fuel CR _ Range/Ovan Seeks ? Polio None Obsnvd Garage * of rats himovinish VAW:fbh C n ' *gn Avermp Disposal Drop Stlir Deck None Obsrvd [-) Adached Bath Floor Vla yliFeir ^^ COOLING Dishwasher Scuttle Porch Slde 0etuhto - BamWalnsca N/A _ central No FanMood X Floor Fence Norm olow BuilHn Doors Wood! AVetge Gillet Microwave Heated Pool N/A Carport Condition Washer/Dryer Finished ? Driveway 2 (special energy efficient home, etc.l: None Observed of Ina Irmrpovtmlmts, tlepRClflii0n (physSCal, functional, 8ntl etctemall, repaks neakd, quality o1 conaeuction, remodelingleddlUOns, etc.; Mona le let A1ir COlltltlOA zhrratal. functlaial or emmaf obsolescence. A sues noted at the dicta ,of Insp om. root 15 badly vvom, that ad erker (svtedd) StlflR/facla Is in need of Adverse environmental condNorne (arch as, but not limited to, hazardous wastes, lose: WIlinoes, etc.) present in me impr0vM11a11R. On ma slit, or immedlate vicinity of me wbjtot property: None ctsw4ed...Not quaNRed or etrfieled m ate or best.,.Saa Text Aftendum. 07/25/2005 17:24 7172436510 SAIDIS SNUFF FLOWER PAGE 06/16 rre nu. vvvuou UNIFOpM ampEallinAL APPIRAI arpemaT Rath 0500805 imm'swo ESTIMATED SITE VALUE. _ $ 31 000 Comments on Cost Approach (such as, source of cost estimate, site value, square ESTIMATED AF,PROOUCT ION COST-NEW OF imOP&WENTS; foot catculedon and, lot HUD, VA and PmHA, the estimated remaining eeonomla Dwelling 1300 5A. Ft. Q $ _ $ N/A life of dw ProPesfly Oue, to Ce age of the subyea Innpraverrnenis„ the - Sq. R. @ 8 = Cost Approach to value was not rise. R is the o ion of this - ,_.____,____._ _ - that the "Cast Approach" to v" Is inadequate in an appratagir Garage/Carport Sq. Ft. @ $ aw sls of a dweNin & imQ,ravennerds of the acEr it physlrsl age M Tool Estimated Cost-New . .... . ............... thus subj¢ck and would rnot ylatd an accurate reQresenMW of Marldit Less Physical Functional External I . Val ue. . ue. i D ti V =$ N/A a on eprec - Depreciated value d Improvements ...................... _ $ _,.........N/A "As-It Value of Site m provements ..................... . . - $ N A 0 VALUE NNO11 .............. $ WA 9 ITEM = SUBJECT GOYPAIIASItNQ1 CDAIPAMME, 4 C M _. _ 0.,a 38 CadW Avenue 2 21 York Road 9 2 Fairview Skeet 2 KeMrood Avenue Pa 17013 C Address Ca # artrsle, Pa. 17013 _„- Canlsle, Pa. 17013 ? isle, 17013 ? _ dmity M Sub act Pm 98 Ml ESE MI W 07 i " ' ; r "1' Sales Price $ WA $ 82,000 ,' 1;2? $60,000 y $ 82 000 Price/Gross Liv.Area Data and/or nspecMm CPML R, CCCH CPML & CCCH PNL & CCCH Vetf9cadon Sources CC" Caws 6a. Ir>sspeeOO n Drlve•lb E. Inspem K m Drive• ExR. lrrepectio n VALUE ADJUSTMENTS D CRIPTION DESCRIPTION + - Ad'usNmnt DESCRI PTION + - Ad'ustment DESCRIPTION + - Adjustment Sales or Financing _ Cornantlonat CarwerNanal ash Concessions, ,. None Known None Known Da of Saf?ma ,f29J2004 ._ 09(24J2004 , 04(19/2D05 Location Imilar Slmflar ... Similar _ Leaseholtl/FeeSlmDle feeSI a ,Starr Ie Fee Simple Fee Simple site 0.34 acre _ _ 0.13 acre mfL 21.00 .17 acre rtfll. 1 _ 22 acre ("VI L) view Rgtdentlal ResldermUlComm_ 4100 Restdd "al Residential Design and Alapal PHnth:LeY titers Ave 1.5 9mry: _ 1 111taunch:Avarage Ouall of Construction Average Average Avers ArA 52 Vie (MIL) 55 50 vm(M/L) 42 Condition Fair Avers -On00 FWr Avera „8000 Above Grade Total Bdrms. dims Baths Total rms _B2Ins _ „' Total Bdrms, . Baths Total It Baths Room court 5 2 1.0 6 3 1.0 5 3 1..0 5 3 1.5 -500 _ _ Grass Levin Area FL 1300 S Q. 1150 . Ft. 1:00 1041 S q, f1 ._,,..... 2590 1238 S q. FL 620 _ Basement & Finished N/A partlat Partial crew Space RwmsBelow Glade None None None _ None T Funclimal Utili Leas than ,,,_ „ Average = Neating/Cooll FtiA/No C. Air FHA/No C.AAr,,,,_, _ FHAJNo C.AIr FHAft C,Alr ner Efficient (tams observed None Known _ None Knoem None Known _ Gara a Ca rt ltne Ndna 1 Car Att. -1000 1 (ar Att -1000 Posen, Pafro, Deck, ^ Ernclose I Poft Porch Porch/Porch -1000 Par)/Deck -1000 Fi laces etc. Nock PWrne .-....___ None None _ FMaE Pod etc. NOfne ._. -- -? None observed , None observed None Observe EmeHerKnish doe Co INOn Al umarum minum N¢t Ad. t tat + _ t 7'100 + S 2290 + $ _ . ,._ 8680 Adjusted Sales Price ` of Corn rable $ pt ifi"' ?, . $ 8 290d'f + ; YO , $ $73,32 74,600 'kr 0 _ ? Comments on Sales Comparison (including the subject pmperty's twnpatibility to the neigh wrhood, etc.): The mrnp& ?Ma used in this analysts are in f1W -nes opinion the ver loesk available at the p rsaft- , and having been sold within the mM recent mess. All are relative h proxlm" and similar in MNreA style,__. she etc . AdOiltmeard s he" been made to compensate for diff rent a in ft omparaMe properties where necessary. A modest All of III sq.R• was used to calculate above ground dnlahed NNng area In excess of 100 sg.R. $1 000 p/Kra or "Mom thereof was used to calculate differences In Ms. A very minimum was adjusted for the depreciated condmcn of the subyect, ie that root replacement alone could WON be $S,000. _ Y C _ _ COIIPARADIE NQ 1 _„_ CMAM LED E CMPANAKE_NQ 8_.,.._.. Oah,Price antl Data 12/30/1985 06/08/1987 11/18/1999 01/11/2005 09/15/19% Sourmior pnor sales CCIi CCCH CM CCCH CCCH within year of aplxalaal 45 4SOM u $48,000.00 $1.00 _ _;45 OOO.lM1 $46,000,00 of any cur ant agreement of sale, option, or listing of the subject property and analysis of any prior sales of subject and Comparables within ono year of the date of appraisal: Is not and was not listed for sale, has not been Rated for sale within trail aria 12 rnontlns. and has not been transferred M this Dart 3 W ra Subiect INMCATED VAIIIE W NALEN COMMR = 111PPROAf1H ................... . .............. $ 70,000 Toe appraisal is made 2 "ail is, [] subject to the repairs, aheradons, inspections, or conditions listed below ? subject to completion per plans and speollications. Conditions at Appraisal: See Text Addendum page,.. J Final Reconciliation: Sarni Addendum ENC.... The purpose of this appraisal is to estimate the marketvalue of the real property Het is the stbject of INS report, based on the above conditions and the certilication, contingent and limiting conditions, and marketvafue definition that am stated in the attached Freddie Mac Form 43V%nie Mae Form 10049 (RW W N/A I (MF) EETIMAIE THE MARKET VALUE, AS DKFIKEO, OF THE REAL PROPERTY THAT ID THE SUBACT OF 7NIE REPORT; All OF Mau 24, 2oDS,,, fwHICN 18 THE DATE OF'OVEen NO THE EFFECTIVE DATE OF THM REPORT) TO U D APFRAI"k tnvm AP ER (ODIV Or wouIREDI: Signature 611? __ ®Ditl El Did Not Name G.Arthurfalaman Inspect Property D Ra SJgRgtl 05/31/2 5 ^ Daly-epyrt_Signed 05131/2005 ,Certilicadm # Aas ablr&,bo Ure Carldi Soda -... Stale Certification # R6000SWIL Slate Pa, Or State License # Aeal Es1Ete Appraiser Scare Pa. nr Sadie Iicenae 4 crate 07/25/2005 17:24 7172436510 SAIDIS SHUFF FLOWER PAGE 07/16 TEXT ADDN'"DUM Borrower/Client N/A Address 38 Carton Avenue Unit No. _W,A -- City carom County Gxnbed?nd State 2+,_ 21p Code 17013 Lender/Client I.arrie A, Jones DEFMMONS AND DATA SOURCES: EXPOSURE TIME: Fw the appraised property, the exposure time, based on the experiences of other similar properties in the same or similar neighborhoods is estimated to be at three to six months. Exposure time is backward looking, where there Is historical data available that provides; a reasonable indication of the amount of time that would have been Involved to market the subject property being analyzed, and obtain a sale as of the effective dale of the appraisal. This data he;. been considered and used in this estimate. MARKET TIME. Marketing time an the other hand is forward looking, and is expressed as an estimate (projection) of the lime that would be required to market the subject property and obtain a sale. M this context, it should be noted that I have adhered to the definition of Marketing Time" as psi forth by the "Appraisal Standards Board" and included in this report. This definition advises that marketing time does net begin unto two things take place: (1) an offering of the property at a price that marketing participants find acceptable, and (2) an effective marketing plan Is implemented. SCOPE (EXTENn OF APPRAISAL: In the preparation of this appraisal, I have made a physical Inspection of the site and the improvements (If any). I have traveled the neighborhood and if necessary, made appropriate observations or notes, Date sources employed in addition were the zoning map or officer and Ordinance for the munklpality, the recorded deed or legal description, the tax assessment pared records, local multi-Nat records, and the FEMA maps for the Imation, if required, Consideration has been given to the highest and best use of the property, and all three approaches to value, with application to those most relevant and applicable to the valuation of the subject Data referring to Predominant Occupancy, Single Family Age a ld Pricing, Present Land Use and Changes are reflecting statistics for township/borough/general area, not for precise subject neighborhood. CCCN fa CP14L are acronyms for the Cumberland County Court House and Central Pam Multi-List respectively. These were the primary sources hard to secure property data. In addition, already verified information and data from my own files was used if needed, and where appropriate. AN information developed was ktdependettly verified wh-se public sources did not provide needed vedfleatiom I may have contacted Holing or sale agents or other parties to the transactions, if I felt it necessary to verify data listed In CPML, as well as any suspected unordinary seller concessions. In the valuation process, all appropriate value approaches, or their exctisions are mentioned in appropriate sections of the report. CONDMONS OF APPRAISAL (DISCLOSURE): The appraiser(s) is unable to know or verify, and in most Instance& unqualified to determine or verify any kvxd on or "R" factor, also the presence of urea formaldehyde foam insulation (UFFT), any wood infertatlon or causes thereof, any lead based paint, any type of mold or mildew, any asbestos, the presence or amour of any radon, polyclorinated bapherryls (PCB`s), chlorofiuorcarbons (CFO's), leaking storage tanks (above or below ground), and soil contaminates or any "of contamination. The quality of any drinking water cannot be' -Weor verified by the appraiser(s). The appraiser(s) has no expertise and 15 unquaiifed to make any assumptions, statements, or warranties as to the condition of any on or off site septic/sewage system if present Tlva appraiser(s) Is not qualified to test for any contaminates In, on, or around the property, and can make no assumption as to whether or not they are preserht. It Is to be noted however, that If any of the afore mentioned items am present, the market value could be adversely affected or violated. The appraiser(s) has made every effort to look, notice and document If observed, any apparent or unusual appearing circumstance in, on or around the property at the time of the Inspection process The appraiser(s) has only considered the dwelling and items permanently attached as malty. Personal or other items not permanently attached such as refrigerators, washers/dryers, window air conditioners, free standing stoves, portable dishwashers, etc. were not given value consideration in the appraisal process. Also NO VALUE Is given as to storage deeds, pools (above or in-gro rd), swing am, normal fencing, or other Items or exttxor, structu es of perceived value, Mess specifically noted in the report. Utilities wem on O time of inspection and all plumbing, heating, air conditioning (if present), mechanical and electrical systems are assumed to be functional to the best of the appraiser's knowledge, however no warranty, or expertise is stabed In this report. Arm in Cumberland County, Pennsylvania were declared "Disaster Asses" after September 19, 2004 due to Tropical Storm Ivan. The appraiser(s) did not detect any evidence of affect from this natural disa4er. FINAL RECONCILIAYDDN: This report is a Summary Appraisal Report and Limited Appraisal, Irt the opinion of the appraiser(s), the "Sales Comparison Analysis" represents the best Indication of market value for the subject, as defined in the "Statement of Limiting Conditions" contained In this report. This approach to value was given consideration in estimating the subjecVs market value as of the date of the apprelmd. The "Income Approach to Value" was not considered, as the area l: predominately owner occupied, therefore Mmkft the amount of available rental data brat would be necessary to accurately complete that approach to value. The "Cost Approach to Value" was also not considered as previously mentioned in that section of the report. This subject property was previously appralsed by the appraiser(s) on August 15, 2001. It is the opinion of the appraiser(s) that since that time, the dwelling has deteriorated and depreciated even mom so than it was at that time. Despite the 'Prop" Appreclation" factors of this market area (on average and upward condition properties), it is felt that the deteriorated con lMon and lack of maintenance and repair has not only not appreciated the value, but In fact the dwelling has depreciated in value, which Is shown In the analysis with even minimum adjustments. PRIVACY NOTICE: Pursuant to the Gramm-Leach-sky Act of 1999, effective July 1, 2001, appraisers aid all providers of personal financial services are new required by federal law to inform their clients of policies with regard to the privacy of diertt nonpublic personal information. In the course of research for this appreism, we may collect what Is Iowan as "nonpublic personal Information." This Information Is used to facilitate the service that we provide, and may include information provided to us by you, or Indirectly provided to us from otters with your authorization. We do not disclose any nonpublic personal Information obtained in the:: course of our engagement to nonafllllated third parties, except as necessary or as required by kw. A necessary diisclosure would be to an Independent contractor, or in curtain situations to third party consultants who would need to know certain Information to assist us In providing these appraisal services to you. Should a disclosure of Olt nature to any person or firm asking in the appraisal process be nhe msery, such persons shah be advised that all information Is to be maintained in strict confidence within the firm. A disclosure required by law would be one that Is ordered by a court of competent and legal Jurisdiction, with regard to a legal action to which you are a party. We will retain records relating to the professional services that we havin provided for a reasonable time. In order to protect your rmvub#c personal information from uretahonrtd access by otters, we maintain physical, electronic and procedural safeguards that comply with our professional standards, to insure sectrlty and the ktfegrity of your Information, 07/25/2005 17:24 7172436510 SAIDIS SHUFF FLOWER PAGE 06/16 IM nu. vaniou SURIECT PHOTOM PH Borraxer/Client NtA, _ Address 38 Carlmn Avenue city Carlisle County Cumberltivid _.._? State Pa Lmder/Client Lords A. 3ones Front View Unit No. WA Zip Code 17019, . Mar View straal View bealgne9 ey Umled Systems Sonnue Company (900) 850-8727 07/25/2005 17:24 7172436510 SAIDIS SHUFF FLOWER PAGE 09/16 SMON Borrower/Client N/A _ Address 3e CaFWD Avenue Unit No_ N/A City Cartsle County M'd State Po Zip Code 17013_.._._ Lender/Client Le1ne,A.,wnes b 28.V 1 Story Living Area b ?i Enclosed ao Porch b 11.0' rm.ner ke v^ OOmmaas: AREA CAMULATIONS SUMMARY Code peecliption Bike Net Tote a ekAa Y3ra! Plmr 1300.00 1300.110 P/P Eoalesed perish 190.00 191.00 TOTAL UVASLE (rounded) I 1300 28.0' LIVING AREA BREAKDOWN emakd9wn SuMOtetO Yirrr Ylmr P0.0 = 50.0 1900.00 1 Cohdatlon Total (rounded) 1300 Om Wed by UWkW %OHM faMsM Cempm (00 OBU727 07/25/2005 17:24 7172436510 SAIDIS SHUFF FLOWER PAGE 10/16 COMPARABLE PHOTOGRAPH ADDENDUM Borrower/Client WA _ Address 38 Carlicn Avenue -.?_ _.. Unit No. WA City Carlisle _ County Cambertanrl State F.____ Zip Code 17013 Lender/Chenl Lon'ie A. Jones Sales Comparable 1 Front Mow Address: 221 York Road Proa. to Subject: 0.10 MI S Sales Price: $ 82,000 Gross Living Area: 11,50 Total Rooms: 6 Total Bedrooms: 3 Total Bathrooms: 1.00 Location: Similar Sales Comparable 2 treat View Addicts: 92 Fairview Street Prot. to Subject: 0.98 MI ESE Sales Price: $ 60.000 Gross Living Area; 1041 Total Rooms: 5 Total Bedrooms 3 Total Bathrooms: 1.00 Location: Similar Salvo comparable 3 From new Address; 42 lcenwood Avenue Pray. to Subject: 0.07 MI W Sales Price: $ 62,000 Gross Living Area: 1238 Total Rooms: 5 Total Bedrooms: 3 Total Bathrooms: 1.50 Location: Similar Designed by Unlieb 61m eaa sa%am Company(sail) NA.a727 07/25/2005 17:24 7172436510 SAIDIS SHUFF FLOWER PAGE 11/16 me mu- uaum LOCATION MAP Borrower/Client NA_ „• Address 9aCadbmAvenue City carlsle County Cumberland State pa Zip Code 17013 _-•- Lander/Client Lamle A. Jones / i / i i i i / _E LOU Nao ?, / I / _ QREVa7ONE RD ` M-LEN St cows 7 %D (s] [suarecr f N4V<CY1ee4-2004 N no Deslgmd by UnW SVMM Shcwae Coogmq (900)980.0727 07/25/2005 17:24 7172436510 SAIDIS SNUFF FLOWER PAGE 12/16 9EFINITION OF MAG190 VALN6: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a ressonablefime is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with llu+ sale, `Adjustments to the comparsbles must be made for special or creative financing or sales concessions, No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sale:; transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms ortered by a third party institutional lender that is not already involved in the pmperty or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession, but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraisers judgment. STATEMENT OF L.1MTTINGI CONDITIONS AND APPRAISER'S CERTU9CATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's cerli6ration that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature Iliac affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, I herefo s, will not render any opinions about the %le, The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the Improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraisers determination of its size. 3. The appraiser has examined the available flood maps that are pmvtfed by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an idenli ted Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination, 4, The appraiser will not give testimony of appear in court because hrl or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost appmnch at Its highest and best use and the improvements at their contributory value. Theca separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during (tie normal research involved in performing the appraisal. Un ess otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warrsnth:s, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions thin were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were lumished by other parties. B. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation contusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her pdorwritten consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the propery value, the appraisers identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors amf assigns; the mortgage insurer, consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any slate or the District of Columbia; except that the lender/clierd may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraisers prior written consent. The appraisers written consent and approval must also be obtained be ore the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Fre"a Mn Form 939 (am, M/911) Fav 1 or z - Fanrd.. Mae Form Tide rarer was mmadmed by urereM Syslams SrOwaie rwrarm/ (909) 989.9727 07/25/2005 17:24 7172436510 SAIDIS SNUFF FLOWER PAGE 13/16 APPRAISER'S CERTIFICATION: The Appraiser certifies and agre& that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, ) have ma6i a "this adjustment to reduce the adjusted sales price of the comparable and, rf a significant Item in a comparable property is Inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value In my development of the estimate of n*1ket value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and t believe, to the best of my knowledge, that all statements and information in the appraisal mport are tare and correct. 3. 1 stated, in the appraisal report, only my own personal, unbiased, am professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the mbjecl of rifts report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on thn appraised value of me properly. S. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I di d not base the appraisal report on a requested minimum valuatlon, a specific valuation, or the need to approve a specific mortgage loan- 7. 1 performed this appraisal in conformity with the Uniform Standard!,; of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal roundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed Is consistent wim the marketing time noted in the neighbotlood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as cemparables In the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject properly. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. K I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed tho specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it, G. Arthur Calarnan, Asvlsbnt to this Cwdeed Real Estate Appraiser, has ass! Seed and tantriMacA sleniriCantfy in rile InspeMis procedure, Collection of data, market research, compI" of forms, photos, skexhes, 0*M$ing the written repast, and all othtr Vass involved in the preparation of this appraisal report. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:1 directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraisers certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report, ADDRESS OF PROPERTY APPRAISER: 3e Canton Avenue, Carew, Pa 17013 APPRAISER: Name: G.ArlhurCalarran Date Signed: 613/3117005 11 State Certification #: " ntna rile Cem ed or Stale License aew Estate ?Pp-remef, State: Pa Expiration Date of Certification or License: _ \SUPE APPRAISER (only it required): ire um: { ias . ei' Date Sig w 5 oo5`6sI oState Certification # __....,__.___.,__.._.._.._.. or State License #: State: Pa, Expinitfon Date of Certification or License: 06/30/05 LA Did ? Did Not Inspect Property Freddie Mae term 413016/03, 10,98) Page 2 0l 2 raWa Mae form 10048 (G,9: This Ion* was. repro0nce8 by Urred alslema 80%am Company (800) 009-11n7 b // 17:24 7172436510 SAIDIS SHUFF FLOWER PAGE 14/, roe nu. School Disf. Cum6, Co., Pa. ,,S k.,i WOO T,.a,1v I,, ..... -:L..rr 4?lle No, 336 Cumb, CO.. PA. 1 $ Re.,l E.tsN IrMrtr TN o,•, u•JRe1' JO.7. of FFJS'BINPLS DEED TYPAW14to }t nixfflabr Czblp r, 1 90 d.y sJ 'RrAtMR m the peer of aver L,rd Owe rh we" Mae 1lwadrad wad eit?htyaL. ?,+,e ti'9?SY " adeta WILLTAM X 899x., al;b known' .as WIT'Lim R. BECK " m, widower 0 OVith i otort gsrititi); ty,", C for as Couatj," eansylvania,. OIiANTOR and party of;; kwl g#.?t part, A ? 'a C&AALD p1.' JOVM= an@i7AAlC£?s"A.._J $, his wife, of Newvills, eJ ike adoead part. ?0ftj1P?l3l:2? TAft;?jN;iep'7q'p?rF?':!' of tAe brat p.r., tar dpd !n ooee6derntw" .Jtbe.ar"oj FORTY-FIVE 7}100'Wff;YO k'16DRED FIFTY MM 10/100 (345,450,0o) 04114M lnxjot manry a/ the Vetted"SYatef.50' ?ajAr1ird,+?itelCold truzy paid by of Bold pert ieao} thr .eeond part to !ha void poet y a/ lhoi1'ilt', Qra K' hti 'and btJore the a'atieg a"d dAletry of 94". areaeals, the reaclpt eAertol it hereby ao7arnlotddga«.' .'11ea treated, borgaiwad. avid. alltard, enteolled,'rgtr060."T.,pnieged dad e.."jirw,cd end by tAaet t,r",ewta d,. grant, horgelac "r11, dt{,n. rxttall, retenae; eoaety; aml m. Jinn data Ph- 004 lairs ;ien dt' m, enn?ed n..r their Y,ira Bad • Al! those certain lote.or parcels of ground situate in South Middleton Towxtship, Cumberland County, Pennitylvania, together with buildings and improvements erecteid, hereon, hoimded:AUd doscribed as follows: No. 1 - ALL that certash lot of` gi`oynd siiii"e in South Middleton T645-hip, Cumberlsa. Coen y, PeYfrFl[yJ.vati?i,',bs:inq Lot No. 200 Block "F", in the Plan of Lbi*.krnown tA$..'';"LiaY.7, 919 Manor", which Plan is recorded in the Offaee.oE''the.litaCrtzdet, d£Deelds in and for Cumberland County, P4nnsylvania, Pig: 73. mvlNO therein erected a one-story dwelling houst... BEING the same premises nitle to which became vested in Pulliam X. Beck and Anna M. Back, his wife, k'y dead.ef waiter F. Nickel, Jr. And Lounge G. Nickel, hits ai•Laa b)v their' atxornoy-in-tact, Linda F. Parser, datod July 1, 1058'.avd recorded"in Deed Book ip-N, Page 14, CiAlbarlend county records., • . NO, 2 - LOT 21, Block aF", of Plan of Lots known as Carlisle Manor as recorded in the Office of the Recorder of Deeds for Cumberland . County, at Carlisle, Pannaylvania, in Plan book 3. Page 791 said'-' Lot having a frontage of fifty ($01 feet on Carlton Avenue and extending one hundred fifty 1150) Eest in depth, and being subject to building an9 use rastrictiong w!iich are attached to and made part of said Plan of Lots, excepting restriction No. 2, which is expressly intarded not to impose oi: roimpo&e. it?F•^.^.hE'ft OF DEEDS 'E5 DEC 30 Ph i 25 Y• Desdpet M utae0 saraae CoapanP feoDlsw-0m E17/25/2005 17:24 7172436510 SAIDIS SHUFF FLOWER PAGE 15/16 ?-ri nycny nyylalmJe.l,.ds I IIV I\V 4NMI.11 BEING the eame premises titlla to which became vested in 1911liam K. Sack, Sr. and Anna Marie Bec:c, his wife, by deed of Charles A. A. Heinze and Mary L. lieinze, h':jeband and wife, dated September 29, 1966 and recorded in Peed Book D-22, Page 1S9, Cumberland County records. THE said Anna M Heekyl d2 kBe?ddf p,* Anna Marie Heck died on May 7, 7.952, thereby vest nf;tita§„&r W-A,14am K. Heck, also known as William ` .._' K. Beck, Sr., wadoWe :i bye bpgYt?tatlri f. law. UNDER AND SUBJZCT, nevertheless, to easements, restrictions, reserve- Lions, conditions and nights of. way of record. V0. i}?Y '•.a.i COX+'kAt]IV FA?MNi:UR PET SYLVAN1A Of >1ENh,6)O-R? ENUE - R(AVY raA•y4rfA e?dol?IS' [45t5 0 - BD.IIIA: r .. J 1 OerlOned by UnOed "ffff: Sdar,e comply (NO) QW8727 07/25/2005 17:24 7172436510 SAIDIS SNUFF FLOWER PAGE 16/16 ATTACHMENT 1I BOARD APPROVED CHECKLIST FOR. ASSISTANTS THE BOARD HAS APPROVED THIS CHECKLIST FOR USG: BY ASSISTANTS/TRAINEES WHEN ASSISTING IN THE PERFORMANCE OF APPRAISALS FOR QUALIFYING EXPERIENCE. A COPY OF THE CHECKLIST IS TO BE INCLUDED IN ALL APPRAISAL REPORTS COMPLETED BY ASSISTANTSITRAINEES. THE CHECKLIST SHOULD BE RETAINED IN YOUR WORK FILE AND INCLUDED WITH THE APPRAISAL REPORTS THAT ARE REQUESTED BY THE BOARD OFFICE. THE CHECKUST_ 1S '10 OF USED IN ADLVnON TO THE REGUIROWNTS OF-43-61-%O) SUBJECT PROPERTY, 38 CAdton avern(a, Carl'is ?• Pa:.17013 DATE OF INSPECTION: m/2tl Z9Z The assistant to the state as"Ifled real estate appraiser for this-'report has assisted in the following: .x Set up the file with all forms and general infortn2Hic n for; tills report x Ambftd In gatltehng and entering data as follows; f i ..Assessment information and map, Flood Hazard information and map, Zoning Information and map. locatiion map and similar information. x Accompanied and assisted in the Inspection'a.%s subject property. y Assisted in analyzing the Highest and Best u ai tlie'sii feet property- X Assisted in gathering infotination rot comparable lvAd"'iales data, veediged arrd analyzed the rzunparaWe land sales data. Assisted In gathering Information for the Cos4App6aclh data, analymi and selected the cost amounts. Aralaled In gatltatlt?g Information for the Income:ApprtW-h data, verified and analyzed the rental data. -L Ass~ in gathering Information for comparable market %ales data, verified and analyzed the comparable market sales data. L Assisted In verifying data at the Tax Assessment Office, Recorder of Deeds Office, County STEB monthly report County miCrOPA a service andfor Iota{ MLS ,;ervice_ f, Assisted In this exterior inspection of the sales, rentals, land and other comparables. .I- Assisted In sketch drawing. x Assisted In entering subject and comparable data on the form and the data In the comment areas. x Assisted in final reconciliation and final estimate of value of the subject property. x Assisted In Ow final review of this report x Assisted in putting together and packaging the final report. SIGNATURE OF ASSISTANT!TRAINEE:?? G. Arthur Cala n The Supervising state C66911ed reef estate appraiser did revlg4 all work done by the assistant/traines and "aulstantRralnes did assist with the items chocked above.. STATE CERTIFIED REAL ESTATE- APPRAISER: Darned by unites Sysram. S*mi a Comray (MM ON4727 1 0400220018 PA-40 5004 Social Security Number shown first rr OFFICIAL USE ONLY ?16xeS i i i N 2 O Q O O 4 z 0 12. PA Tax Liability. Multiply Line 11 by 3.07 percent (0.0307) ...................... 12. 1 1 1 1 If) I C1 a ? I I 13. Total PA Tax Withheld. See the instructions. . . . . . . . . . ...................... 13. a 12? ... _ p 14. Credit from your 2003 PA Income Tax return . ................................. 14 Q X 15. 2004 Estimated Installment Payments . ...................................... 15. MUM U0 1 16. 2004 Extension Payment .................................................. 16 41 y 1 17. Nonresident Tax Withheld from your PA Schedule(s) NRK•1. (Nonresidents only) .... 17, 1r LU 1 18. Total Estimated Payments and Credits. Add Lines 14, 15, 16, and 17 ............. 18 Tax Forgiveness Credit. Dependents, Part 8, Line 2, 19a. Filing Status: O Unmarried or O Married O Deceased 19b. PA Schedule SP............ Separated 20. Total Eligibility Income from Part C, Line 11, PA Schedule SP.. - .. ,. 21 . Tax Forgiveness Credit from Part D, Line 16, PA Schedule SP . ................ . 21 ;f 22 . Resident Credit. Submit your PA Schedule(s) G and/or RK-0 ................... . 22 A q 23 . Total Other Credits. Submit your PA Schedule OC .......................... . 23 24 . TOTAL PAYMENTS and CREDITS. Add Lines 13, 18, 21, 22, and 23 . ............ . 24 ?y r'dASi 25. TAX DUE. If Line 12 is more than Line 24, enter the difference here .............. 25 26. Penalties and Interest. See the instructions. If attaching form REV-1630, fill in this oval .......................... O 26 g?g 27. TOTAL PAYMENT. Add Lines 25 and 26 . ................... ............... . 27 28. OVERPAYMENT. If Line 24 is more than the total of Line 12 and Line 26, enter the difference here ......................................................... . 28 The total of Lines 29 through 35 must equal Line 28. , 1 j ' 29. Refund -Amount of Line 28 you want as a check mailed to you......... REFUND 29 ; {`•I , 0 0111 30. Credit-Amount of Line 28 you want as a credit to your 2005 estimated account. ... . 30 _ Nt 131. Amount of Line 28 you want to donate to the Wild Resource Conservation Fund... . 31 I 132. Amount of Line 28 you want to donate to the United States Olympic Committee. .. . 32, - 133. Amount of Line 28 you want to donate to the Governor Robert P. Casey Memorial I Organ and Tissue Donation Awareness Trust Fund . ......................... 33 1 34. Amount of Line 28 you want to donate to the KoreaMetnam Memorial Inc. ........ 34 . 35. Amount of Line 28 you want to donate to the Breast and Cervical Cancer L . Research Fund ......................................................... 35. SI GNATURE(S). Under penalties of perjury, I (we) declare that I (we) have examined this return, including all accomuanvino S ched ules and L 0400220018 0400220018 I Exhibit rrBrr PLEASE DO NOT CALL ABOUT YOUR REFUND UNTIL EIGHT WEEKS AFTER YOU FILE. Side 2 I Your K W S J W U g a PA-40 2004 (og-o4) Pennsylvania Income Tax Return PA nenadment of Revenue. Hardsburo. PA 17129 0400110011 Number Spouse's Social Security Number (if filing jointly) O Extension. See the Instructions. - 7 O Amended Return. See the instructions. Name of Address from Last 30 O Identification Label Change. Fill in this oval if the label is not completely correct. Discard the incorrect label. Fill in this oval if you did not file a 2003 PA tax return. O Farmers. Fill in this oval if at least two-thirds of your gross income is from farming. Name of school district where you lived on 12/3112004: S / (, d d i f 7?rr 1=r >kZ 1a. Gross Compensation. Do not include exempt income, such as combat zone pay and n qualifying refirement benefits. See the instructions . ............................. I a. Rs Ili tb. Unreimbursed Employee Business Expenses. 't O 1c. Net Compensation. Subtract Line tb from Line 1a ............................... 1c. , y 2. Interest Income. Complete PA Schedule A if required . .......................... 2. - 3. Dividend and Capital Gains Distributions Income. Complete PA Schedule B if required... 3. O 4. Net Income or Loss from the Operation of a Business, Profession, or Farm.... L 4. 5. Net Gain or Loss from the Sale, Exchange, or Disposition of Property . ....... LOSS 5 6. Net Income or Loss from Rents, Royalties, Patents, or Copyrights. .......... LO 6. 7. Estate or Trust Income. Complete and submit PA Schedule J ..................... 7. 8. Gambling and Lottery Winnings. Complete and submit PA Schedule T . ............. 8. 9. Total PA Taxable Income. Add only the positive income amounts from Lines 1c, 2, 3, 9 , . `+ . 4, 5, 6, 7, and 8. DO NOT ADD any losses reported on Lines 4, 5, or 6 .............. 10. Medical Savings Account. CAUTION: See the instructions. Enter the amount from your Federal Income Tax return. Do not deduct medical expenses or insurance. ..... 10. . eas 11. Adjusted PA Taxable Income. Subtract Line 10 from Line 9 ...................... 11. _.,? a 5 y Side 7 EC OFFICIAL USE ONLY FC 1?F3 0400110011 0400110011 L LI J 1-i Residency Status. Fill in only one oval. mmwm Suffix CW R Pennsylvania Resident O N Nonresident O P Part-Year Resident from MI - /_ /2004 to _ / /2004 OVERSEAS ' Filing Status. Fill in only one oval. NAIL - UN full return ® S Single MI address to include' O J Married, Filing Jointly city, county and ZIP Code in broil O M Married, Filing Separately roimas. O F Final Return. Indicate reason: Sufflr O D Deceased. Date of death _ /_ 12004 Form2 1 06 Employee Business Expenses OMB No. 1545-0139 ? ^004 See separate instructions. L)S1 Department of the Treasury Attachment Intemal Revenue Service (0) ? Attach to Form 1040. Sequence No. 54 Your name Occupation in which you incurred expenses Social security number To /\I sr TRwK 0 ALvEl2 --)eS{5J,99<-5' Employee Business Expenses and Reimbursements Column A Column B Step 1 Enter Your Expenses Other Than Meals Meals and and Entertainment Entertainment 1 Vehicle expense from line 22 or line 29. (Rural mail carriers: See instructions.) . . . . . . . . . . . . 1 2 Parking fees, tolls, and transportation, including train, bus, etc., that did not involve overnight travel or commuting to and from work . . 2 3 Travel expense while away from home overnight, including lodging, airplane, car rental, etc. Do not include meals and entertainment. 3 4 Business expenses not included on lines 1 through 3. Do not a ,? include meals and entertainment. . . . . . 4 5 Meals and entertainment expenses (see instructions) . . . . . 5fl rxh5 l'I e? I{. c 6 Total expenses. In Column A, add' lines 1 through 4 and enter the result. In Column B, enter the amount from line 5 . . . . . 6 / 3 7 ??, cJ Note: If you were not reimbursed for any expenses in Step 1, skip line 7 and enter the amount from line 6 on line 8. Step 2 Enter Reimbursements Received From Your Employer for Expenses Listed in Step 1 7 Enter reimbursements received from your employer that were not reported to you in box 1 of Form W-2. Include any reimbursements reported under code "L" in box 12 of your Form W-2 (see instructions) 7 Step 3 Figure Expenses To Deduct on Schedule A (Form 1040) 8 Subtract line 7 from line 6. If zero or less, enter -0-. However, if line 7 is greater than line 6 in Column A, report the excess as rt /`?_,7 income on Form 1040, line 7 . . . . . . . . . . . . 8 O Note: If both columns of line 8 are zero, you cannot deduct employee business expenses. Stop here and attach Form 2106 to your return. 9 In Column A, enter the amount from line 8. In Column B, multiply line 8 by 50% (.50). (Employees subject to Department of Transportation (DOT) hours of service limits: Multiply meal expenses incurred while away from home on business by 70% (.70) ; instead of 50%. For details, see instructions.) . 9 10 Add the amounts on line 9 of both columns and enter the total here. Also, enter the total on Schedule A (Form 1040), line 20. (Reservists, qualified performing artists, fee-basis state or local government officials, and individuals with disabilities: See the instructions for special rules - tie Z on where to enter the total.) . ? 10 T For Paperwork Reduction Act Notice, see instructions. Cat. No. 1170ON Form 2106 (2004) Form 2106 (2004) ' Page 2 1 f, Section A-General Information,(You must complete this section if you (a) Vehicle 1 I (b) Vehicle 2 are claiming vehicle expenses.) 11 Enter the date the vehicle was placed in service . . . . . . . . . i t _ 12 Total miles the vehicle was driven during 2004 . . .. . . . . .. 12 miles miles 13 Business miles included on line 12 . . . . . . . . 13 miles miles 14 Percent of business use. Divide line 13 by line 12 . . . . . . . 14 % % 15 Average daily roundtrip commuting distance. . . . . . . . . 15 miles miles 16 Commuting miles included on line 12 . . . . . . . . . . . 16 miles miles 17 Other miles. Add lines 13 and 16 and subtract the total from line 12. 17 miles miles 18 Do you (or your spouse) have another vehicle available for personal use? . . . . . . . . . . . ? Yes ? No 19 Was your vehicle available for personal use during off-duty hours? . . . . . . . . . . . . . ? Yes ? No 20 Do you have evidence to support your deduction? . . . . . . . . . . . . . . . . . . . ? Yes ? No 21 If "Yes," is the evidence written? . . . . . . . . . . . . . . . . . . . . . . . . . ? Yes ? No Section B-Standard Mileage Rate (See the instructions for Part II to find out whether to complete this section or 22 Multiply line 13 by 37.56 (.375) . . . . . . . . . . . . . . . . . . . 1 22 1 1 Vehicle 2 23 Gasoline, oil, repairs, vehicle insurance, etc. . . . . . 23 24a Vehicle rentals. . . . . . 24a b Inclusion amount (see instructions) . 24b c Subtract line 24b from line 24a 24c 25 Value of employer-provided vehicle (applies only if 100% of annual lease value was included on Form W-2-see instructions) 25 26 Add lines 23, 24c, and 25 , . 26 27 Multiply line 26 by the percentage on line 14 . . . 27 28 Depreciation (see instructions) . 28 29 Add lines 27 and 28. Enter total here and on line 1 . . -. 29 _ Section D-Depreciation of Vehicles (Use this section only if you owned the vehicle and are completing Section C for the vehicle.) Vehicle 2 30 Enter cost or other basis (see instructions) . . . . . . 31 Enter section 179 deduction and special allowance (see instructions) . . . . . . 32 Multiply line 30 by line 14 (see instructions if you claimed the section 179 deduction or special allowance) . . . . 33 Enter depreciation method and percentage (see instructions) . 34 Multiply line 32 by the percentage on line 33 (see instructions) . . 35 Add lines 31 and 34 . . . . 36 Enter the applicable limit explained in the line 36 instructions . . . 37 Multiply line 36 by the percentage on line 14 . . . 38 Enter the smaller of line 35 or line 37. Also enter this amount on line 28 above . . . . . ® Form 2106 (2004) ' U.S. GPO: 3001-30]-553 P/r/Ibtl m reEydeO PWM n C,I V MIN DT Mr MIL 10, GUUO V. TAX OFFICE USE ONLY - DO NUT WRITE IN THI5 AHEA. CAPITAL TAX COLLECTION BUREAU 1 U U4 See Page 2 of Instruction Sheets LOCAL EARNED INCOME IT this packet for mailing address labels or TAX RETURN (FORM 531) see back of return for addresses, phone numbers, and office hours. CONSTITUTE PROOF OF FILING, THE TAXPAYER'S COPY MUST VALIDATED BY THE BUREAU. TO HAVE YOUR COPY VALIDATED MAIL, RETURN BOTH THE BUREAU'S AND TAXPAYER'S COPIES )NG WITH A SELF ADDRESSED STAMPED ENVELOPE. W W W. c a p t'a X. C O m • ° c• ON THIS FO RM. HOWEVER, TAX CALCULATIO NS MUST BE PSOC. SEC. • :PORTED IN SEPARATE • JOINT FILING (i.e., COMBINING INCOME, ETC.) IS NOT PERMITTE -... ? pS 5_x yvaa W-2 EARNINGS (From attached W-2's) -_ 1 I 30 ? y ? 1 'I EMPLOYEE BUSINESS EXPENSES (Attach Federal Form 2106 & State Schedule UE) 2 yd.. TAXABLE W-2 EARNINGS LESS EBE's (Subtract Line 2 from Line 1) 3 ' p?! 3 G y3y ' ' OTHER TAXABLE EARNED INCOME (NO INTEREST OR DIVIDENDS) LIST TYPE: 4 I " ?..;. TOTAL TAXABLE EARNED INCOME (Add Lines 3 and 4) 5 - --------------- NET PROFIT FROM BUSINESS, PROFESSION, OR FARM and/or KI-eaeral 4 toes or state a ues , 6 I I NET LOSS(ES) from business, Profession or Farm (Atrech ederal an or tare Schedules , ndlor K-1 1065 7 Subtract Line 7 from Line 6 (IF LESS THAN ZERO, ENTER ZERO) 6 REQUIRED FOR INFORMATION PURPOSES ONLY: Enter Net, u I: apter. orporaoon pass- ru Not P t s oss es as reported an our PA-40 return. - 9 T _I TOTAL TAXABLE EARNEDINCOME AND NET PROFITS (Add Lines5 and 8) - 10 a J 9 Y J ENTER TAX RATE AS A DECIMAL (from the "TAX RATE TABLE" found on the last page of this form packet) 11 60 TAX LIABILITY: Multiply Line 10 by Line 11 12 1 S-; TOTAL LOCAL INCOME TAXES WITHHELD EXCEPT PHILADELPHIA INCOME TAX (From attached W-2's, Box 19) 19 4/9,3 QUARTERLY PAYMENTS AND/OR LAST YEAR'S OVERPAYMENT CREDITED TO THIS YEAR 14 1 CREDITS FOR TAX AID TO PHILADELPHIA AND/OR STATES OTHER THAN PA (ATT H SCH. ) A D/ R REDITS FOR CERTIFIED RESIDENTS OF THE HARRISBURG KEYSTONE OPPORTUNITY ZONE KOZ 15 I I TOTAL WITHHOLDINGS & PAYMENTS (Add Lines 13,14 and 15) 16 Y 3 1 TAX BALANCE DUE (Subtract Line 16 from Line 12) PAYMENT NOT NECESSARY IF LESS THAN $1.00 IA 17 1 INTEREST & PENALTY. (See Instructions).._ . .,. ,: .. , ... ,, ... .,: ,..-.- 18 .:.. I I. PLA CE SOCIAL SECURITY NUMBER TOTAL BALANCE DUE (Add Lines 17 and 18) Make check payable to "CTCB" 19 N H 1 OVERPAYMENT (Subtract Line 12 from Line 16) IF LESS THAN ZERO, ENTER ZERO ;_', 20 I 7 OVERPAYMENT T EREFUNDE 21 ENTER -TAXPAYER" CHECK ONE ROUTING NO. ACCOUNT NO. LT 'SPOUSE" OR "BOTH" CHECKING SAVINGS JSIT ? F-1 fT?- FL_1....1 OVERPAYMENT TO BE CREDITED TO NEXT YEAR'S TAX 1221 ! I ! OVERPAYMENT TO BE CREDITED TO SPOUSE'S BALANCE DUE FOR THIS FILING YEAR 123 YOUR RESIDENT MUNICIPALITY DAYTIME PHONE NUMBER (TOWNSHIP, BOROUGH, OR CITY) ° - a.? k4-Q If'I. Nl>'LLL+TtN 7%V 19 YOUR CTCB ACCOUNT ,.. ?) A`7 NUMBER (IFKNOWN) O 712•ti 9 YOUR NAME (LAST, FIRST, M) I T„ `, NF s G r tol ? - SPOUSE'SCTCBACCOUNT 'SPOUSE'S NAME ' NUMBER(IFKNOWN) O (LAST, FIRST, MI) VE YOU MOVED FROM THE r? YES IF YES, COMPLETE SCHEDULE P HOME 18 j C A e L W C q SINNING OF THE TAX FILING . , .. .. UI TO PRESENT? % ON BACK OF'"BUREAU SCOPY'- OF RETU N - - ADDRESS ^' - - ' q t-4? E' C ?? ? + .. . EJ?: NO . R - • . ... ,. -WS W •• i i -- IT 0 s { R SIGNATURE DATE YOUR OCCUPATION '- JSE'S SIGNATURE (ONLY IF ALSO FILING ON THIS FORM) DATE SPOUSE'S OCCUPATION (CNLY IF ALSO FILING ON THIS FORM) PREPARER'S NgME (PLEASE PRINTI FIRM'S NAME (OR ENTER S.E." IF SELF-EMPLOYED) PAID PREPARER'S PHONE NUMBER TAXPAYER'S COPY CAPITAL TAX COLLECTION BUREAU'S MEMBER MUNICIPALITIES AND DIVISION INFORMATION [be following municipalities are served by the Capital Tax Collection Bureau. Shown below are the municipalities served by our Harrisburg, ;arlisle and Central Dauphin Divisions. Also shown are our Divisions' office hours, phone numbers, and various mailing addresses. Out divisions' office locations are shown under the column to the right entitled, "If NO Payment or NO Refund/Credit". Mailing address labels Lre also provided on page 3 of the Instruction Sheets included in this form packet. If they are missing, please address your filing to the :orrect Division and mailing address as described below. There are 3 distinct addresses for mailing your return(s) based on whether you are 1) making a tax payment with your return, (2) requesting a tax refund or credit on your return, or (3) filing your return with no payment of efund request. If a payment is enclosed with your return use the "PAYMENT ENCLOSED" address/label even if your spouse is also filing m the same return and has a refund/credit, or no payment or no refund/credit. Likewise a REFUND/CREDIT label/address takes precedence wer a "No Payment or NO Refund/CrediP' spousal situation. 'he Carlisle Division serves residents of the following municipalities: CUMBERLAND COUNTY FRANRZIN COUNTY Iazlisle Borough L. Mifflin Township N. Newton Townshi Shippensburg Townshi Orrstown Borou :coke Township Mt. Holly Springs Borough Penn Township Southanaton Township Southampton Township Ackinson Township Newburg Borough S. Middleton Townshi U. Frankford Township Shi nsbur Borough to ewell Township Newville Borough S. Newton Township U. Mifflin Township ,. Frankford Township N. Middleton Township Shi ensbur Borough W. Penusboro Township ?mal Returns (Form 531) for residents of the municipalities directly above should be mailed to appropriate address as shown below: If PAYMENT Enclosed: If Requesting REFUND/CREDIT: If NO Payment and NO Refund/Credit: CAPITAL TAX COLLECTION BUREAU CAPITAL TAX COLLECTION BUREAU CAPITAL TAX COLLECTION BUREAU PO BOX 400 PO BOX 698 19 S HANOVER ST STE 102 CARLISLE PA 17013-0400 CARLISLE PA 17013-0698 CARLISLE PA 17013-3336 'he Harrisburg Division serves residents of the following municipalities: DAUPHIN COUNTY PERRY COUNTY JUNIATA COUNTY larrisbur City Reed Township All Municipalities Greenwood Township li hs ire Borough Steelton Borough 9na1 Returns (Form 531) for residents of the municipalities directly above should be mailed to appropriate address as shown below: If PAYMENT Enclosed: If Requesting REFUND/CREDIT: If NO Payment or NO Refund(Credit: CAPITAL TAX COLLECTION BUREAU CAPITAL TAX COLLECTION BUREAU CAPITAL TAX COLLECTION BUREAU PO BOX 60547 PO BOX 60689 2301 N 3RD ST HARRISBURG PA 17106-0547 HARRISBURG PA 17106-0689 HARRISBURG PA -17110-1893 'he Central Dauphin Division serves residents of the following municipalities: DAUPHIN COUNTY )au hin Borough Middle Paxton Township Penbrook Borough West Hanover Township .ower Paxton Townshin Final Returns (Form 531) for residents of the municipalities directly above should be mailed to appropriate address as shown below: If PAYMENT Enclosed: If Requesting REFUND/CREDIT: If NO Payment or NO Refund/Credit: CAPITAL TAX COLLECTION BUREAU CAPITAL TAX COLLECTION BUREAU CAPITAL TAX COLLECTION BUREAU PO BOX 6477 PO BOX 6626 425 PRINCE ST HARRISBURG PA 17112-0477 HARRISBURG PA 17112-0626 HARRISBURG PA 17109-1734 LOCAL EIT (SCHEDULE P) - PARTIAL YEAR RESIDENT PRO-RATION WORKSHEET pecial Note: At the VERY MINIMUM you should complete all the applicable shaded sections on the Schedule P. If you have problems completing sections that :quire calculations, file your total annual figures on the 531 final return and we'll do the pro-ration based on the information you have provided in the shaded locks. Otherwise, complete an necessary sections (shaded & unshaded) and feel free to give us a call with any questions. An enhanced, self calculating Excel ersion of the Schedule P is available on our website at www.captax.com. tstructions: Use 1 Schedule P per taxpayer. Partial year residents must file a return with each tax office of the area you resided in during.the year. Unless the mployer provided separate W-2 forms for each area of residence, you are required to prorate earnings, net profits, and unreimbursed business expenses, and tax ,ithholdings based on the number of months (or days) you lived in each area and the number of months (or days) you worked for each employer. You must also rotate any other taxable income and your business net protit(s)/loss(es). Complete the worksheet to determine your prorated taxable income for each location ad/or different tax rate. When calculating your pro-ration percentage (%), be sure to only use like days as found in the rows (W-2 Wages, Other Income, Net rofit & Net Loss) and the columns (Location/Rate). Number of Months: Count as full month any partial month that you moved into prior to the 16th of the month, ad any partial month that you moved out of after the 15th of the month. Use this same logic in calculating months worked for each employer. This rule is enerally pdrmitted, however, if the other tax office you're required to file with does not accept this method, or if tax rates differ in the area you lived, you may be !quired to use a pro-ration method to the day versus to the month. We will advise you and adjust your return if this is the case. 1040 Depar'ment of the Treasury,-htemal Revenue Service P.004 2 I U.S. Individual Income Tax Return (i RS Use Only-Do not write or stable in this ace. For the year Jan. 1-Dec. 31, 2004, or other tax year beginning 2004, ending 20 OMB No. 1545-0074 Label Your first name and initial last name Your social security number (See A G ()5 hA 9/Y JS instructions a If a joint return, spouse's first name and initial Last name Spouse's social security number on page 16.) E Use the IRS L label. H Home address (number and street). If you have a P.O. box, see page 18. Apt. no. Otherwise, E - A _Important! please print E City, town r post office, state, and ZIP code. If you have a foreign address, see page 16. You must enter or type. '/ } D your SSN(s) above Presidential k, I l Election Campaign' Note. Checking "Yes" will not change your tax or reduce your refund. You. Spouse tj (See page 16. Do you or your spouse if filing a joint return, want $3 to go to this fund? . ? ?YesXN0 ?Yes ?Nai 1 ? Single 4 tK1 Head of household (with qualifying person). (See page 17) IF Filing Status 2 ? Married filing jointly (even if only one had income) the qualifying person is a child but not your dependent an*, Check only 3 El Married filing separately. Enter spouse's SSN above this child's name here. III x 'i one box. and full name here ? 5 ? Qualifying widow(er) with dependent child (see page 17) 6a Exemptions b C If more than four dependents, see page 18. Yourself. If someone can claim you as a dependent, do not check box 6a . . Cnnuen . I . Dependents: (1) First name Last name (2) Dependent's social Dsecurity epend number ' (3) Dependent's relationship to you (4) if qualifying child for child tax cndit see page 18. YI F 15 f z L e:• i i5-S9 5' /! /Z Fkl on Be and 61b -?-- No. of children on 6c who: • lived with you • did not live with you due to divorce or separation (see page 18) - Dependents on Be not entered above - of Total number of exemptions claimed tines above ? 7 Attach Form(s) W-2 s ti s etc W l i 7 Income as ,. p , . ages, sa ar e . . . . . Attach Schedule B if required Taxable interest Be If . . . ... 8b Do not include on line 8a t interest Tax-exem Attach Form(s) Also W-2 here 9a . . . . p . . . Attach Schedule B if required dividends Ordinar ga . Forms b . y 9b . e 20) alified dividends (see a Q W-2G and . . . . . . .: p g u r offsets of state and local income taxes (see page 20) dit bl f d T x 10 1099-R if tax was withheld 10 1 s, o e re un s, cre a a Ali i d 11 . 1 2 . . . . . . . . . . . . . . . . . mony rece ve Attach Schedule C or C-EZ i or (loss) B i 12 1 13 . . . . ncome . us ness Attach Schedule D if required. If not required, check here ? ? Capital gain or (loss) 13 t If did . Attach Form 4797 l Oth i ) 14 no you get a W-2, 14 15 osses er ga ns or ( . ib ti IRA di t 15a . . . . .. . . . b Taxable amount (see page 22) 15b see page 19. a ons s r u iti i d P 16a . b Taxable amount (see page 22) 16b 16a 7 ons an annu es ens Attach Schedule E trusts etc S cor orations artnershi s lties t l l t t R 17 Enclose, but do not attach any 1 18 . p , , p , e, roya , p rea es a en a Attach Schedule F l s) F i 18 , payment. Also, 19 .. . . . . . . . . . .. . . ncome or ( os . arm ensation l t com U 19 please use . . . . . - .... . . . . . oymen p nemp I 20a I f I b Taxable amount (see page 24) it b fit S i l 201) Form 10404. 20a 21 secur y ene s . oc a e and amount (see page 24) List t Oth i come 21 22 .............. ............... .-..._ yp er n . Add the amounts in the far right column for lines 7 through 21. This is your total income ? 22 ;2 9 enses (see page 26) 23 Educator ex za . .... . . . . p Adjusted 24 Certain business expenses of reservists, performing artists, and Attach Form 2106 or 2106-EZ Gross fee-basis overnment officials 24 . g Income 25 IRA deduction (see page 26) 25 . . . . . . . . . 26 Student loan interest deduction (see page 28) 26 . . . . 27 Tuition and fees deduction (see page 29) 27 . . . . . Attach Form 8889 s account deduction 28 Health savin 28 . . . g Attach Form 3903 29 Movin ex enses 29 . . . . . . g p . Attach Schedule SE 30 One-half of self?mployment tax . . . ed health insurance deduction (see page 30) 31 Self-em lo p y and qualified plans SIMPLE ed SEP 32 Self-em lo F , , p y . . . 33 Penalt withdrawal of savings on earl y y . . . . . . 34 ient's SSN ? aid b Reci Ali on 34 1 '7 &J p y p a m 35 Add lin es 23 through 34a 36 if y . . . . . . . . . . 36 Subtract line 35 from line 22. This is your adjusted gross in come . ? 36 "7 R, R d/ For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 75. Cat. No. 113208 Form 1040 (2004) Exhibit "Crr Form 1040 (2004) - - - Page 2 37 '7.5r -4 1 Tax and Credits Standard Deduction ...uu,,, „P ry . . . 38a Check (? You were born before January 2, 1940, ? Blind. l Total boxes if: 1 ? Spouse was born before January 2, 1940, El Blind. J checked ?. 38a b If your spouse itemizes on a separate return or you were a dual-status alien, see page 31.. and check here ? 38b O(J &'F9-O our standard deduction (see left margin)` Schedule A) or f It i d ti d d for- . y rom em ze e uc ons ( 39 7 ya, m line 37 39 f 40 S bt t li • People who checked any box on line .. _ ro u rac ne 41 If line 37 is $107,025 or less, multiply $3,100 by the total number of exemptions claimed on . 62 °? d 0 44 on page 33 see the worksheet er $107 025 37 is If li li 6d - 38a or 381c or . . . , , ov ne ne . 42 d enter 0-: If line 41 is more than line 40 ct line 41 from line 40 bt S T bl i who can be claime a , . u ra ncome. axa e 42 43 b ? Form 4972 tax is from: a ? Form(s) 8814 Check if an 33 43 T e ' dependent, a e 31 , y page ). ax (se • Attach Form 6251 a e 35) inimum tax (see ti 44 Al g . see p g . p . . . . ve m terna ? `?`` d 44 43 5 A d li • All others: an . . . . . . . . nes 4 d Attach Form 1116 if required n tax credit 46 Forei 46 .. . . . . Single or Married filing , . . . g Attach Form 2441 47 Credit for child and dependent care expenses 47 separately. 850 $4 . Attach Schedule R edit for the elderl or the disabled 48 C 48 , f li S . y . r Attach Form 8863 49 Education credits ' 49 i ng Married -= jointly or . .. . . Attach Form 8880 . 60 Retirement savings contributions credit " 50 Qualifying . . - a e 37) 51 Child tax credit (see 51 000 widow(er), $9.700 g - . . . . . . . . p tion credit. Attach Form 8839 . - 52 Ad 52 householdHead of . . . op 53 Credits from: a ? Form 8396 b ? Form 8859 . . . licable box(es): a ? Form 3800 Check a 54. Oth dits 53 $7,150 pp er cre . b i l Form 8801 c ? Specify `? . . .:- . . 55 boo - These are your total credits 55 Add lines 46 through 54 . . . . . . 56 Subtract line 55 from line 45. If line 55 is more than line 45, enter -0- S: - ?' 56 11 . 57 Attach Schedule BE . t t lf l 7 S . . . . . . ax. -emp oymen 5 e Other- Attach Form 4137 58 orted to employer income not r dicare tax on ti d M i l it 58 S . . p ep y an . oc a secur e Taxes - " 59 Attach Form 5329 if required etc ualified retirement plans other l t on IRAs 59 Additi . . , q ona ax , Bo ments from Form(s) W-2 : me credit a d i 60 Ad _ . p y vance earne nco Attach Schedule H . 61 Household employment taxes . . . . . 62 Add lines 56 through 61. This is your total tax ". ? ': 62 63 Federal income tax withheld from Forms W-2 and 1099 : 63 5 . Payments ments and amount applied from 2003 return a 64 2004 estimated tax 64 p y _1 If you have a 65a Earned income credit (EIC) . . . . . . . . . . . b Nontaxable combat pay election 0- 65b e yin g c BSa h ch site dt l EIC S h d 66 Excess social security and tier 1 RRiA tax withheld (see page 54) - 66 . c e u e Attach Form 8812 67 Additional child tax credit 67 . . . . . . uest for extension to file (see page 54) aid with re 68 Amount ` 68 p q 69 Other cavmeMS from: a ? Form 2439 b ? Form 4136 c ? Form 8885 . 69 70 Add lines 63, 64, 65a, and 66 through 69. These are your total payments ". 1" - -70 - Refund 71 If line 70 is more than line 62, su t lines e?62 from line 70. This is the amount yo'? ' °I 71 Direct deposit? 72a Amount of line 71 you. want funded to you '72a See page 54 ? b Routing number ? c Type: ? Checking ? Savings and fill in 72b, ? d Account number 72c, and 72d. 73 Amount of line 71 you want applied to our 2005 estimated tax ? " 73 Amount 74 Amount you owe. Subtract line 70 from line 62. For details on how to pay, see page 55 ? 74 Y we 75 Estimated tax penalty (see page 55) . . 75 Third Party Do you want to allow another person to discuss this return with the IRS (see page 56)? E] Yes. Complete the following. El Designee Designee's Phone Personal identification name ? no. ? ( ) number (PIN) ? Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the beat of my knowledge e belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge Here Your signature Date Your occupation Daytime phone number Joint return? See page 17. 14c, ki u 9, R ( ) Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation for your records. Paid Preparer's, Date Check if Preparer's SSN or PTIN signature self-employed ? Preparer's Firm's name (or EIN Use Only Yours if self-employed)., Phone no. address, antl 21P code Form 1040 (2 SCHEDULES A&B (Form 1040) Department of the Treasury Internal Revenue Service Name(s) shown on Fomt 1040 Schedule A-Itemized Deductions (Schedule B is on back) ? Attach to Form 1040. ? See Instructions for Schedules A and B Oro: OMB No. 1545-0074 ,2004 Attachment Sequence No. 07 Your social security number ?GS •? i97dJ- Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses (see page A-2) . . 1 Dental 2 Enter amount from Form 1040, line 37 2 Expenses 3 Multiply line 2 by 7.5% (.075). . . . . 3 4 Subtract line 3 from line 1. If line 3 is more than line 1, enter -0-. 4 Taxes You 5 State and local (check only one box): Paid a )n Income taxes or 5 lv 6 , (See b V General sales taxes (see page A-2) page A-2.) 6 Real estate taxes (see page A-3) 6 . . . . . . . . 7 Personal property taxes 7 . . . . . . . . . . List type and amount ? - 8 Other taxes ----------------- --- . /() 8 9 Add lines 5 through 8 . . . . . . . . . . . . . . . . . .. 9 7 .. Interest 10 Home mortgage interest and points reported to you on Form 1098 10 J You Paid 11 Home mortgage interest not reported to you on Form 1098. If paid (See to the person from whom you bought the home, see page A-4 page A-3.) and show that person's name, identifying no., and address ? --------------------------....._---------------------------- 11 Note . Personal 12 Points not reported to you on Form 1098. See page A-4 interest is for special rules 12 - - .' not deductible. 13 Investment interest. Attach Form 4952 if required. (See page A-4.) . . . . . . . . . . . . 13 . . . . . . . . . . . . 14 Add lines 10 through 13 . . . . . 14 0 ?- . Gifts to 15 Gifts by cash or check. If you made any gift of $250 or 1 Charity more L i y } t y c t8 see page A-4 15 p? 00 -' . . . . . . , If you made a 16 Other than by cash or check. If any gift of $250 or more, gift and got a see page A-4 You must attach Form 8283 if over $500 16 . benefit for it, 17 Carryover from prior year . . . . . . . 17 see page A4. Z o v 18 Add lines 15 through 17 . . . . . . . . . . . . . . . . . o . 18 Casualty and Theft Losses 19 Casualty or theft loss(es). Attach Form 4684. (See page A-5.) . 19 Job Expenses 20 Unreimbursed employee expenses-job travel, union and Most dues, job education, etc. Attach Form 2106 or 2106-EZ Other if required. (See page A-6.) ?_--..._..-.---_.._-.._..... Miscellaneous ------------- --------------------------- ---------------- Deductions 21 Tax preparation fees. . . . . . . . . . . . 21 (See 22 Other expenses-investment, safe deposit box, etc. List page A-5.) type and amount ?-°-....__...--------------------- 22 ------------------- ------------------------------ * ------------ 23 Add lines 20 through 22 . 23 24 3 r ` y 24 Enter amount from Form 1040, line 37 ?S 7 25 Multiply line 24 by 2% (.02) . . . . . 25 y J 7 26 Subtract line 25 from line 23. If line 25 is more than line 23, enter -0- 26 Other 27 Other-from list on page A-6. List type and amount ? ------------------------------ Miscellaneous --------------------- ------.. ..---------------- Deductions 27 Total 28 Is Form 1040, line 37, over $142,700 (over $71,350 if married filing separately)? Itemized ? No. Your deduction is not limited. Add the amounts in the far right column l° ?O Deductions for lines 4 through 27. Also, enter this amount on Form 1040, line 39. ? 28 ? Yes. Your deduction may be limited. See page A-6 for the amount to enter. 1111 For Paperwork Reduction Act Notice, see Form 1040 instructions. Cat No 12613Z Schedule A (Form 1040) 2004 Schedules Me (Form 1040) 2004 OMB No. 1545-0074 Page 2 Name(s) shown on Form 1040. Do not enter name and social security number if shown on other side. Your social security number Schedule B-Interest and Ordinary Dividends Sequence No. oa Part ( 1 List name of payer. If any interest is from a seller-financed mortgage and the buyer used the property as a personal residence, see page B-1 and list this Interest interest first. Also, show that buyer's social security number and address ? (See page B-1 ----------------------------- ............ ..-------------- --..--.._...------------------ and the --°'----'---------°--°---°-----------------'-----------'---------------------'----- instructions for Forn 1040, ............ .------- --------------'------------ ...------------ ----------------........... line 8a.) ------------------ "-------- --------------------- '.................. --'.................... -'-------------------- -------------- "-'----- .----------- '-"-------- .... .------------ Note. If you ----'-'-'--.. _.........-..---------- ----- .......... .------------------------------------- -------------------------- '--------------------------..-.... -----.... _.----------------------------- • - received a Form ------- ------- --------- 1099-INT, Form ............. ...--------------------"...... ------------------- '--....... --------- 1099-OID, or --'--'-------------------- ..-.-------------------------------- ......._..-. substitute statement from ---'--............... '--------------------------- ---------------------- ....... -------- abrokerage firm, ....- ................................................. .--------------- --..------ ............ list the firm's -----------"-'--' .................--------------'---....---..-...... name as the - payer and enter --------------------.--------------------------------'---'---------- ' the total interest ------------ --._------------------------------- '.................. -----'---------- '------ shown on that 2 Add the amounts on line 1 . . . . . . . . . . . . . . . . . . form' 3 Excludable interest on series EE and I U.S. savings bonds issued after 1989. Attach Form 8815 . . . . . . _ . . . . . 4 Subtract line 3 from line 2. Enter the result here and on Form 1646, line Sa ? Note. If line 4 is over $1,500, you must complete Part III. 5 List name of payer ? ----------------------------- ----------------------------------- Part II --....... --- Ordinary ........ ...'---------------- Dividends ------- ......... --- --------------------- -------------------------------- (See page B-2 ---'------------------------------------------- --------------- .-..... .-......... ----------- and the instructions for Form 1040, '---------- ----------....... -----°------------'---------------------......---- line 9a.) ------------------------------------------- ------------------------------ -'------------ ---- I--------------------------- ..........-------------------------'-"--------- Note. If you ------------------------- ............ .--'--'--------- .................... ..----------- ---------------------------------- .-.. .............. ... : ...- -- - ---- received a Form :......................... ----------'-'.-........ '-------- -----------'---' 1099-DIV or ----------------------------- ---------------------------------- ..-------------------'--'-- substitute statement from a brokerage firm, ------------------------------------------------------------------------- listthefirm's ----- .............. ......... ----------------------------- .--------------- ...------- ...... name as the .................................................................... .---------- payer and enter the ordinary ------- '-------------------------------------- '----------- ------ ........... ----------- dividends shown ---------------------------------- -'--................ .------ '------------- -------------- on that form. ------------------ -........ ------- --------------- ...'------------- 6 ...------------------------'--.--........_-------'---'..----..---"-----------------'-' Add the amounts on line 5. Enter the total here and on Form 1040, line 9a . ? Amount Note. If line 6 is over $1,500, you must complete Part III. You must complete this part if you (a) had over $1,500 of taxable interest or ordinary dividends; or (b) had Yes No Part III a foreign account; or (c) received a distribution from, or were a grantor of, or a transferor to, a foreign trust. Foreign 7a At any time during 2004, did you have an interest in or a signature or other authority over a financial Accounts account in a foreign country, such as a bank account, securities account, or other financial account? and Trusts See page B-2 for exceptions and filing requirements for Form TD F 90-22.1. . . . . . (See b If "Yes," enter the name of the foreign country ? ------------------------------------------ .---.._----. page B-2.) 8 During 2004, did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust? If "Yes," you may have to file Form 3520. See page B-2 For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule B (Form 1040) 2004 ® 'U.S. Government Printing ONice: 2004 - 303-538 Prlnretl on roeydotl paper Form 21 OV Employee Business Expenses ONIS No. 1545-0139 ? See separate instructions. 2004 Department of the Treasury Attachment Internal Revenue Service (2) ? Attach to Form 1040. sequence No. 54 Your name Occupation in which 5u incurred expenses Social security number JON 5 In(Ar K jj?lvan aos?5:? ?so? Employee Business Expenses and Reimbursements Column A Column B Step 1 Enter Your Expenses Other Than Meals Meals and and Entertainment Entertainment 1 Vehicle expense from line 22 or line 29. (Rural mail carriers: See instructions.) . . . . . . . . . 1 2 Parking fees, tolls, and transportation, including train, bus, etc., that did not involve overnight travel or commuting to and from work . . 2 3 Travel expense while away from home overnight, including lodging, airplane, car rental, etc. Do not include meals and entertainment. 3 4 Business expenses not included on lines 1 through 3. Do not 3 include meals and entertainment. . . . . . 4 5 Meals and entertainment expenses (see instructions) . . . . . 5 Y cZ / 6 Total expenses. In Column A, add lines 1 through 4 and enter the a I result. In Column B, enter the amount from line 5 6 Note: If you were not reimbursed for any expenses in Step 1, skip line 7 and enter the amount from line 6 on line 8. Step 2 Enter Reimbursements Received From Your Employer for Expenses Listed in Step 1 7 Enter reimbursements received from your employer that were not reported to you in box 1 of Form W-2. Include any reimbursements reported under code "L" in box 12 of your Form W-2 (see 7 Step 3 Figure Expenses To Deduct on Schedule A (Form 1040) 8 Subtract line 7 from line 6. If zero or less, enter -0-. However, if line 7 is greater than line 6 in Column A, report the excess as o2 3 o? ) income on Form 1040, line 7 . . . . . . . . . . . 8 Note: If both columns of line 8 are zero, you cannot deduct employee business expenses. Stop here and attach Form 2106 to your return. 9 In Column A, enter the amount from line 8. In Column B, multiply line 8 by 50% (.50). (Employees subject to Department of Transportation (DOI) hours of service limits: Multiply meal expenses incurred while away from home on business by 70% (.70) a I instead of 50%. For details, see instructions.) . . . . . . . 9 3 7 10 Add the amounts on line 9 of both columns and enter the total here. Also, enter the total on Schedule A (Form 1040), line 20. (Reservists, qualified performing artists, fee-basis state or local government officials, and individuals with disabilities: See the instructions for special rules on where to enter the total.) . . . . . . . . . . . . . . . . . . . . . ? 1o ?? y (Y For Paperwork Reduction Act Notice, see instructions. Cat. No. 1170ON Form 2106 (, Form 2106 (2004) . Page 2 Vehicle Expenses Section A-General Information (You must complete this section if you I l (a) vehicle 1 (b) Vehicle 2 ' i ' I are c amng ve l c a expenses.) 11 Enter the date the vehicle was placed in service . . . . . . 11 12 Total miles the vehicle was driven during 2004 . . . . . . . 72 miles mile 13 Business miles included on line 12 . . . . . . . . . . . 13 miles mile 14 Percent of business use. Divide line 13 by line 12 . . . . . . 14 % ° 15 Average daily roundtrip commuting distance. . . . . . . . 15 miles mile 16 Commuting miles included on line 12 . . . . . . . . . . . . . 16 miles mile 17 Other miles. Add lines 13 and 16 and subtract the total from line 12. . . 17 miles mile 18 Do you (or your spouse) have another vehicle available for personal use? . . . . . . . . . . . ? Yes ? No 19 Was your vehicle available for personal use during off-duty hours? . . . . . . . . . . . . . ? Yes ? No 20 Do you have evidence to support your deduction? . . . . . . . . . . . . . . . . . . . ? Yes ? No 21 if "Yes." is the evidence written?. . . . . . . _ _ ? Yes h rl No Section Mileage Rate (See the instructions for Part II to find out whether to complete this section or 23 Gasoline, oil, repairs, vehicle insurance, etc. . . . . . 23 24a Vehicle rentals. . . . . . 24a b Inclusion amount (see instructions) . 24b c Subtract line 24b from line 24a . 24c 25 Value of employer-provided vehicle (applies only if 100% of annual lease value was included on Form W-2-see instructions) 25 26 Add lines 23, 24c, and 25 . . 26 27 Multiply line 26 by the percentage on line 14 . . . 27 28 Depreciation (see instructions) . 28 29 Add lines 27 and 28. Enter total t here and on line 1 . . . . . 29 Section D-Depreciation of Vehicles (Use this section only if you owned the vehicle and are completing Section C for the vehicle.) 30 Enter cost or other basis (see instructions) . . . . . . 31 Enter section 179 deduction and special allowance (see instructions) . . . . . . 32 Multiply line 30 by line 14 (see instructions if you claimed the section 179 deduction or special allowance) . . . . 33 Enter depreciation method and percentage (see instructions) . 34 Multiply line 32 by the percentage on line 33 (see instructions) . . 35 Add lines 31 and 34 . . . . 36 Enter the applicable limit explained in the line 36 instructions . . . 37 Multiply line 36 by the percentage on line 14 . . . 38 Enter the smaller of line 35 or line 37. Also enter this amount on line 28 above . . . . . Form 2106 (2004) O N O O ??.0 Ov OM OM <M1 MN Pv P? U r r ?? N U ? M O O QI r N W N vi o 0 0 ? o W M MH MQ N N oov a ? 0 H l z J < O O OONOON OO NN MMO MO M OO Y I W :W M M 'kUw = 2 0 Q o0 yOU U N £ W LL OM am am x O' f 0000000000 3 < MIl?1l?Il: V1N Il?NMI(? O D 0 000 00 0000 < : pp p O O O N p CO ? d A O N P c m N Z z M 3 W O fn ? W'. W ¢ (n W O O o OO F: ¢ IS . wz0 d 0 a : (p ?UJ J Z oo o Q m S F Q W z O oz :O < . ?c°i U W o O'. z Z W Z O 0 0 rn d cc (r z N U o00i C W O W ? z Q z 0 V d N l1J 0 pp V 2 0 w U) n p P O d M N M M N r H OO ¢ Z N N < vM M (} ¢ Wry ¢ P Y CD ?N LL ro z r co Z LL a: U) X W mw z O w W H J H z O 0 z N I I ? v M? A M M O P M M ? N I? v M n M N r Q W N i ¢. Z. LEI w W N O O M M n ¢ IL ¢ jr W n N i z. LL, z O; L, O O El lu w o- a a o d O y ?i N U a W I W W L] 1 1 v N ?i 0 f ? w LL d 6 3 6 Exhibit "D" g Personal Property Air compressor ($450.00) Salamander ($160.00) Hand Saw ($15.00) Screw drivers ($20.00) Wrench set, cremos ($24.00) Riding Lawn Mower ($1500.00 new in 2000) Push mower Shovel Rake Garden tools Freezer Stove Dryer 1979 Snowmobile 19mm Pistol ($300.00) Drill press 6' wooden ladder 2' wooden ladder Blue tool chest 4 drawer Exhibit "E" P u T N A M 2005 YEAR-TO-DATE STATEMENT INVESTMENTS 1/1/2005 - 3/31/2005 M to N O GERALD W JONES 38 CARLTON AVE CARLISLE PA 17013-3114 Ju?J?Ju?J??uuu?JuJ?u???uuJJu??J?JuJu?J?JuJ??uJ,? Client number. 0335519073 Representative: MR. TROY H. LANDIS 1-717-245-9522 Investment firm: AMERICAN PORTFOLIOS FINANCIAL SERVICES INC Value of your Putnam accounts as of 3/3112005 $1,875.02 For Putnam assistance: 1-800-225-1581 www.putnam.com Have you made your 2004 IRA contribution? If not, you have until April 15th. If you're thinking about making your 2005 IRA contribution, remember that the limit has increased to $4,000, or $4,500 for investors who are age 50 and older. Summary of your Putnam accounts Beginning balance Exchanges Earnings Total value Fund name (as of I/112005) Additions inlout Withdrawals gain/loss (as of 3/31/2005) Putnam Utilities Growth & Income Cl-A $1,869.94 $0.00 $0.00 $0.00 _ $5.08_ $1,875.02_ Total year to date $1,869.94 $0.00 $0.00 $0.00 $5.08 $1,875.02 Total this quarter $1,869.94 $0.00 $0.00 $0.00 $5.08 $1,875.02 IRA contributions for tax year 2004 IRA contributions for tax year 2005 PUTNAM UTILITIES GR & INC CL-A Account number: A30-3-205-52-9905-BB96 Account open date: 03117/2000 PUTNAM FIDUCIARY TRUST CO TRUSTEE. GERALD W JONES IRA ROLLOVER PLAN $0.00 $0.00 Year-to.dati Dividends (n Capital wins I .Poa ? bst) $0,00 Share Number Share Total Date Account activity detail Amount price of shares balance value 01/01/2005 Beginning Balance 10.26 182.255 $1,86994 0313012005 Dividends Reinvested 8.75 10.27 0.852 181107 Price Date: 03/21/2005 ($ 048000 Per Share) 031311200S Ending Balance 10.24 183.107 $1,875.02 PAGE I OF3 IIIIIINIINN?IN?III?IIIINIIIIIIINIIflNIIN?IhIIINh?lhlllll Exhibit "F" RLI2 GM430056256 2005 YEAR-TO-DATE STATEMENT 1/1/2005 - 3/3112005 HISTORY OF YOUR INVESTMENT IN THIS ACCOUNT Initial amount + Additional + Exchanges - Withdrawals = Net amount + Earnings = invested on investments invested gain/loss 02/16/1994 $969.67 $0.00 $0.00 $110.00 $859.67 $1,015.35 Capital gains and dividends distributed in cash since initial investment $0.00 Total value of your account on 3/31 /2005 $ I ,875.02 Tuna 5 years 10 years life inception I year annualized annualized Fund name date NAV POP NAV POP NAV POP Putnam Utilities Gr&Inc CI-A 11/19/1990 17.13% 11.03% 0.52% •0.57% 8.04% 7.46% If "N/A" appears in any box, performance was either not available or not reported at the time this statement was produced, or the fund has not been in operation long enough for performance to be reported. See reverse for information on performance. PAGE 2 OF3 THE CENTRAL PENNSYLVA141A TEAMSTERS RETIREMENT INCOME PLAN 1987 MAILING ADDRESS P.O. BOX 15223 STREET ADDRESS . IKE 3FPING STREET READING, PA 19612-5223 PA 19610 2003 ANNUAL EMPLOYEE BENE71T 3TATEMEA.r. =:'2004 JONES GERALD 4f SCICIAL SRSURIO-1 38 CARLTON EVE CARLISLE PA 17013 205-52-9905 1. BIRTH DATE 10103/1960 2. SPOUSE NAME IGURIE ANN JONES 3. SPOUSE BIRTH DATE 07/22/1961 4. SPOUSE SOCIAL SECURITY NO. 104-50-162., 5. REPORTED DAT'E': OF HIRE 066/02/1994. 6. VESTED STATUS 1.00% VESTED 7. ESTIMATED NORMAL RET1:RENENT DATE 11,'01/2017 ? 8. LATE CONTRIBUTIONS /Ai)JU i`21" NTS FOR PR--OR YEARS $.00 9. ACCOUNT ACTIVIT`c A. ACCOUNT BALANCE AS OF 12/31/2002 $73,921.01 * INCLUDES #8 B. NET EARNINGS FOR 2003 13,335.63 C. ACCOUNT BALANCE AS OF 12/31/2003 $87,256.64 10. GROSS ANNUALIZED RATE OF RETURN FOR THE TOTAL PLAN FOR 2003 17.7 $ 11. NET ANNUALIZED RATE OF RETURN FOR THE TOTAL PLAN FOR 2003 17.4 $ (AFTER INVESTMENT AND ADMINISTRATIVE EXPENSES ARE DEDUCTED) 12. NOTE SINCE NET EARNINGS WERE ACTUALLY CREDITED TO YOUR ACCOUNT BASED ON QUARTERLY RATES OF RETURN, THE NET ANNUALIZED RATE OF RETURN CANNOT BE USED TO VERIFY THE "NET EARNINGS" AMOUNT ABOVE. YOUR ACCOUNT BALANCE ABOVE IS SUBjECT TO ADDITIONS, DELETIONS AND CORRECTIONS. Exhibit "G" GERALD W JONES 38 CARLTON AVE CARLISLE PA 17013 Tax Deferred Annuity STATEMENT Annuitant GERALD W JONES Policy Number Policy Date 255145 03/28/1994 Plan Type Plan Name IRA Alliance PO 3.50% Interest Rate Guaranteed To 03/28/2006 This statement is for your personal information and is not to be filed for income tax purposes. The accumulated interest is tax deferred and is not reportable until withdrawn. All interest rates are effective annual rates. AMERICAN INVESTORS UR MRIAIAN(£ PANY. JNC- I A. AMWJZUS c..p?r 555 S. Kansas Avenue, P.O. Box 2039 Topeka, KS 66601-2039 (785) 232-6945 • (785) 295-4495 Fax Beginning Account Balance 03/28/2004 .............. Additional Premium Deposited ......................... Interest Earned ................................................. Withdrawals ...................................................... Ending Account Balance 03/28/2005 ................... ................... $6,621.89 .......................... $0.00 ...................... $231.76 .......................... $0.00 ................... $6,853.65 Your Net Cash Surrender Value (account balance less applicable surrender charges) as of 03/28/2005 is $6,785.11 and as of 03/28/2004 was $6,489.45. The difference between the Net Cash Surrender Value and the Ending Account Balance is the surrender charge you would have incurred if you had surrendered your policy as of 03/28/2005. American Investors Life Insurance Company, Inc. is a national provider of retirement annuities. Fixed annuities combine the advantages of tax- deferral with protection from market risk. Tax-deferral means you pay no current income taxes on interest earnings in your annuity until you actually withdraw those earnings. Maximize the earning power of your dollars through the advantages of tax-deferral! If you have questions, please contact our Home Office at (888) 266-8489. Exhibit "H" JUN-03-2005 15:oe FROM:NRDR RPPRRISRL GUIDE 7145566320 Vehicle Summary N.A.D.A. Values NADA MASTER ACCOUNT 8400 Westpark Drive McLean VA 22102 703-821-4609 6/3/2005 Region: Vehicle Description: Eastern March, 2001 1994 FORD TRUCK EXPLORERN6 WGN 4D 4WD Stock N: VIN: P.2,2 Page 1 of 1 MSRP: $19,900 Mileage: 28,000 Base Value Optional Equipment XLT Trim Option Total Mileage Adjustment Total N.A.D.A. Official Used Car Guide Values Weight: 4,053 Retail Trade-in Loan $5,975 57,000 $6,300 $325 $325 $325 $325 S325 $325 $1,675 $1,675 $1,675 $10,975 $9,000 58,300 All NADA nluea are rcprlnled with pcmiaston of N.A.D. A. Official Uxd Car !iuidellt Company Copyright O NADASC 1000 70:17172491437 http://www.nada.com/h2bNVNsedCar/reports/nadaval.litm 6/3/2005 Exhibit "i" - Name / Social Security No--?7 4 %I1 10=, Minimum Payment S Maximum Balance $ fuetnmar's Signature. Date Anrount Purchased Paid Balance feeler's Initials. eta Amount Purchased Paid Balance Dealer's Initials FAILURE TO COMPLY WITH THE ABOVE TERMS WILL RESULT IN CANCELLATION S }?Q. 1l? l qS 3I qq. q S c?a S C1. Exhibit "J" Name Je-ery Social Security Minimum Payment $ Maximum Balance $ Customer's Sionature Date Amount Purchased Paid Balance Dealer's Initials Date Amount Purchased Paid Balance Dealer's Initials _ Y, t! /A VC) I -/b -- A vZ I S7.6-4 Ael' (e -zz - Li.OID PG, 6 ,Y - L4 - I // • Go 64,v ' -gyp &i.73 M - I 7, c7i1 3 bc? !,i° 7-L? .6v .7/ 9• G - 7/ FAILURE TO COMPLY WITH THE ABOVE Teams 'm ?.? rtcw?.. •.? ? >. ' ? ? ; ua - - ' ' ,._ `-- ??ci- t - :i 11__ J i^ R.=?' J r- ._ u.. rS? _,.i p o rJ cv LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-1579 CIVIL TERM GERALD W. JONES, CIVIL ACTION - LAW Respondent IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed March 19, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Oc-,6- ?. o' a 12, u-? Lorrie A. Jones 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Oct y d? Lome A. Jones hJ ? .3. m s c LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-1579 CIVIL TERM GERALD W. JONES, CIVIL ACTION - LAW Respondent IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed March 19, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 10 14 05 -?? Gerald W. Jones 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ( 0 0 q b 5 Gerald W. Jones ?, ? ?? ?:` ?,, -? ? ? ? - ?-, r%; C° ? f+ 5 _ Cis i.? Clt ;;{ LORRIE A JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 1579 CIVIL GERALD W. JONES, Defendant IN DIVORCE ORDER OF COURT Yh. 15- AND NOW, this day of r?6?) 2005, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on October 4, 2005, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, 4 G or E cc: Carol J. Lindsay Attorney for Plaintiff Karl E. Rominger Attorney for Defendant ,; ,?, ?, - ?,.L?`' k?L 30 f??.,t ? ? 1 ? ?? ? ? X1-1 LORRIE A. JONES, Plaintiff VS. GERALD W. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 1579 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, October 4, 2005. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Lorrie A. Jones, and her counsel Carol J. Lindsay, and the Defendant, Gerald W. Jones, and his counsel Karl E. Rominger. The parties were married on July 5, 1982, and separated March 31, 2001. The parties are the natural parents of two children, both of whom are still minors. The older child lives with the father and the younger child lives with the mother. The divorce complaint was filed on March 19, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The affidavits and waivers will be filed with the Prothonotary's office by the Master's office so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. 1 An amended complaint in divorce was filed an September 23, 2004, raising claims on behalf of wife of equitable distribution, alimony, and counsel fees and costs. The Master has been advised that after considerable negotiations in this case, the parties have reached an agreement with respect to all of the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later today to review the transcribed agreement and make typographical corrections as necessary. They will then be asked to sign the agreement affirming the terms of settlement as stated on the record. However, it is specifically noted that when the parties leave the hearing room today they are bound by the substantive terms of the agreement even though there is no subsequent signing of the agreement by the parties affirming the settlement. Upon receipt by the Master of the completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final 2 decree in divorce. Mr. Rominger. MR. ROMINGER: 1. Husband agrees to make a direct cash payment to wife in the amount of $55,000.00 within 45 days of today's date. 2. Husband agrees to prepare a QDRO to provide wife with $55,000.00 of his Teamster's pension within two weeks of today's date. 3. Husband agrees to convey all of his interest in two IRAs now in his possession and listed on the property statement of Plaintiff, being an American Investors IRA and a Putnam IRA and will complete all documents necessary to make the transfer or prepare any Court order if either would require within two weeks of today's date. Mr. Jones warrants that he has not removed any monies from the American Investors IRA since March 28, 2005, when it had a value of $6,853.65. Nor has he removed any monies from the Putnam IRA since March 31, 2005, when it had a value of $1,875.02. Wife will be receiving these two IRAs reduced in value or increased in value only by market conditions. 4. Husband shall agree to the entry of an alimony order in the amount of $825.00 per month to be administered or attached to the Domestic Relations Office of this county. This is an indefinite alimony order and subject to modification upon a change of circumstances and termination upon the death of either party, cohabitation by wife with a member of the opposite sex or remarriage of wife. The alimony shall be effective October 1, 2005; wife will advise the office of Domestic Relations that her spousal support shall terminate on the same date and if any over collection is made, it will be credited appropriately. 5. It is the intent of the parties that each party will keep all tangible personal property now in their possession and all vehicles now in their possession, and remain responsible for all debts now in their name. Additionally, at the time of the payment of the $55,000.00 lump sum to wife, husband will refinance and remove wife from any obligation to the marital residence. 6. Wife shall execute a deed at the time of the refinance and receipt of the lump sum payment transferring her 3 interest solely to husband. The deed will be prepared by husband's counsel. 7. Except as specified above, both parties waive any and all claims they may have as to any retirement or other accounts held by the other for any purpose. 8. The parties expressly waive any further claims for counsel fees or costs which they may have as against the other. 9. Wife will retain the 1994 Ford Explorer and husband will retain the 2000 Chevy pick-up, the 1972 Chevy pick-up, and the 2001 Triumph motorcycle. Similarly, wife will retain the two bank accounts which were in her individual name at WayPoint and the $25.87 remaining in the Member's 1st Federal Union account as of the time of separation and husband will retain his WayPoint account. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. LINDSAY, Lorrie Jones, did you hear the agreement as it was dictated by Mr. Rominger and by me? MS. JONES: Yes. MS. LINDSAY: And did you understand it? MS. JONES: Pretty much so except for some of that stuff at the end. I understood. MS. LINDSAY: Okay. Let me explain what that 4 stuff at the end is about. That is some magic language that's in there so that if you didn't get divorced between now and -- if somebody died, one of you died, between now and the date you were divorced, you might have a claim on the estate of the other. What this is doing is waiving any claims you have on the estate of the other for that period of time. Once you are divorced you don't have a claim -- MS. JONES: Okay. MS. LINDSAY: Do you have any questions in addition about what I just said and Mr. Rominger just dictated? MS. JONES: No. MS. LINDSAY: And are you in agreement that the agreement as dictated is the agreement you want to make? MS. JONES: Yes. MR. ROMINGER: Gerald, have you heard the agreement as dictated into the record? MR. JONES: Yes. MR. ROMINGER: And are you in agreement with the contents of it? MR. JONES: Yes. MR. ROMINGER: Do you understand it? MR. JONES: Yes. MR. ROMINGER: Do you agree fully and faithfully execute it? 5 MR. JONES: Yes. (Whereupon, a discussion was held off the record.) MS. LINDSAY: In the event, that one party to this agreement fails or refuses to abide by a term or to comply with a term hereof, and the other party seeks Court intervention in order to enforce the agreement, the party who has breached the agreement shall be responsible for the attorney fees and costs of the other party expended to enforce the agreement. MR. ROMINGER: The only caveat would be force'majeure and impossibility of paying as defenses. MS. LINDSAY: If one of you do not adhere to your deal here and the other guy has to go to Court to enforce the attorney fees and costs, Karl's addition was something like Hurricane Katrina comes along and it cannot be done. (Whereupon, a discussion was held off the record.) MS. LINDSAY: It is understood that impossibility shall not be a defense to the payment of $55,000.00 as set out in this agreement by husband to wife. THE MASTER: You understand what they just talked about? MR. JONES: Yeah. 6 MS. JONES: Okay. MR. ROMINGER: Mr. Jones, are you satisfied with your representation? Do you believe that you have been adequately advised entering into this agreement? MR. JONES: Yes. MS. LINDSAY: The same question? MS. JONES: Yes, definitely. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: A Carol J. 'IV-say: Lorrie A. one Attorney for Plaintiff ,-Karl E. Rominger Gerald W. Jones Attorney for Defendant 7 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: GERALD W. JONES Member ID Number: 2301100755 Please note: AO correspondence most include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name LORRIE A. JONES LORRIE A. JONES PACSES Docket Case Number Number 394107723 01-1579 CIVIL 850103327 00270 S 2001 TOTAL ATTACHMENT AMOUNT: $ 1,462.00 Attachment Amount/Frequency $ 825.00 /MONTH $$$ 637.00 MONTH S / Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 3 3 7.3 a per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, GERALD W. JONES Social Security Number 205-52-9905 , Member ID Number 2301100755 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated FEBRUARY 15, 2004 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: OCT 11 2005 A Kevin. Hess, JUDGE DRO: R.J. Shadday Service Type M Form EN-034 Worker ID $IATT CJ1 l W L ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvauia_ 394107723 0Original Order/Notice Co./City/Dist. of CUMBERLAND 01-1579 CIVIL Qx Amended Order/Notice Date of Order/Notice 10/10/05 O TerminateOrder/Notice Case Number (See Addendum for case summary) 850103327 270 S 2001 RE: JONES, GERALD W. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) ABF FREIGHT SYSTEMS PO BOX 10048 205-52-9905 Employee/Obligor's Social Security Number 2301100755 Employee/Obligor's Case Identifier 3801 OLD GREENWOOD RD 729 (See Addendum for plaintiff names FORT SMITH AR 72917-0048 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 380.00 per month in current support $ 82. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 462.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 337.38 per weekly pay period. $ 674. 77 per biweekly pay period (every two weeks). $ 731, oo per semimonthly pay period (twice a month). $ 1.462. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: OCT 11 2005 epjD,: F?,J. Shedday rvlce type M BY THE COURT: Kev' A. Hess,. OMB N .: 09700154 Form E -078 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? uheckei you are required to provide agopy of this form to your employee. If yoyr employee orks in a state tha is di erent rom the state that issued this o er, a copy must be provided to your emp oyee even if i e box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Relive th ig 11m PaydateDate of Withholding You must repo. t tire paydatwdate of withholding le You must comply with the law of the paydate/date of withholding is the date or-111-hill. a ... ount nas withheld ges7 state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 7102494440 EMPLOYEE'S/OBLIGOR'S NAME: JONES. GERALD W. EMPLOYEE'S CASE IDENTIFIER: 2301100755 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 41673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I I. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M oMBNo.:N7"154 Worker ID $IATP ADDENDUM Summary of Cases on Attachment Defendant/Obligor: JONES, GERALD W. PACSES Case Number 394107723 Plaintiff Name LORRIE A. JONES Docket Attachment Amount 01-1579 CIVIL$ 825.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligors employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M OMB Na: 0970151 Worker 10 $IATT (? h'} n C:: ha - -n ? ?? .-j -.?-, , -`7 1?' 'ty, 7 ?,'_ ' _.. _ c ? 's ca <'i ? N ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/10/05 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 394107723 0 Original Order/Notice 01-1579 CIVIL 0 Amended Order/Notice O Terminate Order/Notice 850103327 270 S 2001 RE: JONES, GERALD W. Employee/Obligor's Name (Last, First, MI) PENN NATIONAL INSURANCE PO BOX 3880 HARRISBURG PA 17105-3880 205-52-9905 Employee/Obligor's Social Security Number 2301100755 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 380. 00 per month in current support $ 82.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 462.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 337.3 e per weekly pay period. $ 674 .77 per biweekly pay period (every two weeks). $ 731. oo per semimonthly pay period (twice a month). $ 1.462. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: X4, Date of Order: OCT 11 2005 J??. * Kevin A. ess, Judge DRO: R.J. Shadday Form EN-028 Service Type M OMB No.:OWO-0154 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a copy of this form to your employee. If yoUr employee works in a state that is ch erent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. paydateMate ofwithhoiding-isthe-date on which . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0064100092 EMPLOYEE'S/OBLIGOR'S NAME: JONES, GERALD W. EMPLOYEE'S CASE IDENTIFIER: 2301100755 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No, 0970-0154 Form EN-028 Worker ID $01NC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: JONES, GERALD W. PACSES Case Number 394107723 Plaintiff Name LORRIE A. JONES Docket Attachment Amount 01-1579 CIVIL$ 825.00 Child(reN's Name(s): DOB PACSES Case Number 850103327 Plaintiff Name LORRIE A. JONES Docket Attachment Amount 00270 S 2001 $ 637.00 Child(reN's Name(s): DOB TIFFANY NICOLE JONES 06/18/88 MEGAN REBECCA JONES 06/14/92 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(reN's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $OINC OMe No.: 09>0-0154 c-' C7 ?? n a c. ?? .? c? - , --, ;,, ?? 7;_;, ??n `? ?. c,? -..i <,.? -. _ f`J LORRIE A. JONES, Petitioner V. GERALD W. JONES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2001-1579 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on March 20, 2001, via certified mail, restricted delivery. Proof of service was filed with the Court on March 27. 2001. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: October 5, 2005 By Defendant: October 5, 2005 4. Related claims pending: The terms of agreement reached by the parties before the Divorce Master and reduced to writing on October 4, 2005 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: October 5, 2005 By Defendant: October 5, 2005 Dated: Carol J. Lins , Esquire SAIDIS, SHUF-, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 CERTIFICATE OF SERVICE y2005, a true and I hereby certify that on this -77-day of "Ilk correct copy of the foregoing document was sere upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 i Carol J. Lind ty Esquire SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Street Carlisle, PA -; `; ,;; ?..:, ?:4 LORRIE A. JONES, Plaintiff V. GERALD W. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2001-1579 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, comes the Plaintiff, Lorrie A. Jones, by and through her counsel, Carol J. Lindsay, Esquire, and files the within Petition for Contempt and, in support thereof, alleges as follows: 1. The parties hereto entered into an agreement with regard to the distribution of their marital property before the Divorce Master on October 4, 2005. A copy of the agreement dated October 4, 2005 is attached hereto and marked as Exhibit A. A Decree in Divorce has been requested but has not yet been granted by the Court. 2. Subject to the terms of the agreement, Defendant was required to perform the following with regard to equitable distribution of the parties' marital estate: a. Refinance the marital residence and make payment to Plaintiff in the amount of $55,000 not later than forty-five (45) days from October 4, 2005, SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA i.e., November 18, 2005; b. Prepare a Qualified Domestic Relations Order conveying $55,000 of Defendant's Teamster's Pension to Plaintiff within two (2) weeks of October 4, 2005, i.e., October 18, 2005. c. Convey all interest in his American Investors IRA and Putnam IRA to Plaintiff within two (2) weeks of October 4, 2005, i.e., October 18, 2005. 4. To date, Defendant has complied with the conveyance of the two IRA accounts to Plaintiff; however, he has not complied with any other term of the October 4, 2005 agreement. 5. On page 6 of their agreement of October 4, 2005 the parties agreed that either party refusing to abide by or comply with a term of the agreement would be responsible for the other party's attorney's fees and costs incident to enforcement of the agreement. WHEREFORE, Plaintiff respectfully requests this Honorable Court to issue a Rule to Show Cause why the Defendant should not be found in violation of the agreement of October 4, 2005 and ordered to pay Plaintiff's counsel fees. Respectfully submitted, SAIDIS SHUFF, FLOWER & LINDSAY i Dated: SAIDIS, SLUFF, F,L,OJ()IER & LINDSAY Carol J. Linds,9y,lEsquire Attorney Id. 4 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 26 W. High Street Carlisle, PA EXHIBIT "A" LORRIE A. JONES, IN THE COURT OF' COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 1579 CIVIL GERALD W. JONES, Defendant IN DIVORCE THE MASTER: Today is Tuesday, October 4, 2005. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Lorrie A. Jones, and her counsel Carol J. Lindsay, and the Defendant, Gerald W. Jones, and his counsel Karl E. Rominger. The parties were married on July 5, 1982, and separated March 31, 2001. The parties are the natural parents of two children, both of whom are still minors. The older child lives with the father and the younger child lives with the mother. The divorce complaint was filed on March 19, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The affidavits and waivers will be filed with the Prothonotary's office by the Master's office so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. 1 An amended complaint in divorce was filed an September 23, 2004, raising claims on behalf of wife of equitable distribution, alimony, and counsel fees and costs. The Master has been advised that after considerable negotiations in this case, the parties have reached an agreement with respect to all of the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later today to review the transcribed agreement and make typographical corrections as necessary. They will then be asked to sign the agreement affirming the terms of settlement as stated. on the record. However, it is specifically noted that when the parties leave the hearing room today they are bound by the substantive terms of the agreement even though there is no subsequent signing of the agreement by the parties affirming the settlement. Upon receipt by the Master of the completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final 2 decree in divorce. Mr. Rominger. MR. ROMINGER: 1. Husband agrees to make a direct cash payment to wife in the amount of $55,000.00 within 45 days of today's date. 2. Husband agrees to prepare a QDRO to provide wife with $55,000.00 of his Teamster's pension within two weeks of today's date. 3. Husband agrees to convey all of his interest in two IRAs now in his possession and listed on the property statement of Plaintiff, being an American Investors IRA and a Putnam IRA and will complete all documents necessary to make the transfer or prepare any Court order if either would require within two weeks of today's date. Mr. Jones warrants that he has not removed any monies from the American Investors IRA since March 28, 2005, when it had a value of $6,853.65. Nor has he removed any monies from the Putnam IRA since March 31, 2005, when it had a value of $1,875.02. Wife will be receiving these two IRAs reduced in value or increased in value only by market conditions. 4. Husband shall agree to the entry of an alimony order in the amount of $825.00 per month to be administered or attached to the Domestic Relations Office of this county. This is an indefinite alimony order and subject to modification upon a change of circumstances and termination upon the death of either party, cohabitation by wife with a member of the opposite sex or remarriage of wife. The alimony shall be effective October 1, 2005; wife will advise the office of Domestic Relations that her spousal support shall terminate on the same date and if any over collection is made, it will be credited appropriately. 5. It is the intent of the parties that each party will keep all tangible personal property now in their possession and all vehicles now in their possession, and remain responsible for all debts now in their name. Additionally, at the time of the payment of the $55,000.00 lump sum to wife, husband will refinance and remove wife from any obligation to the marital residence. 6. Wife shall execute a deed at the time of the refinance and receipt of the lump sum payment transferring her 3 interest solely to husband. The deed will be prepared by husband's counsel. 7. Except as specified above, both parties waive any and all claims they may have as to any retirement or other accounts held by the other for any purpose. 8. The parties expressly waive any further claims for counsel fees or costs which they may have as against the other. 9. Wife will retain the 1994 Ford Explorer and husband will retain the 2000 Chevy pick-up, the 1972 Chevy pick-up, and the 2001 Triumph motorcycle. Similarly, wife will retain the two bank accounts which were in her individual name at WayPoint and the $25.87 remaining :_n the Member's 1st Federal Union account as of the time of separation and husband will retain his WayPoint account. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. LINDSAY, Lorrie Jones, did you hear the agreement as it was dictated by Mr. Rominger and by me? MS. JONES: Yes. MS. LINDSAY: And did you understand it? MS. JONES: Pretty much so except for some of that stuff at the end. I understood. MS. LINDSAY: Okay. Let me explain what that 4 stuff at the end is about. That is some magic language that's in there so that if you didn't get divorced between now and -- if somebody died, one of you died, between now and the date you were divorced, you might have a claim on the estate of the other. What this is doing is waiving any claims you have on the estate of the other for that period of time. Once you are divorced you don't have a claim -- MS. JONES: Okay. MS. LINDSAY: Do you have any questions in addition about what I just said and Mr. Rom,inger just dictated? MS. JONES: No. MS. LINDSAY: And are you in. agreement that the agreement as dictated is the agreement you want to make? MS. JONES: Yes. MR. ROMINGER: Gerald, have you heard the agreement as dictated into the record? MR. JONES: Yes. MR. ROMINGER: And are you in agreement with the contents of it? MR. JONES: Yes. MR. ROMINGER: Do you understand it? MR. JONES: Yes. MR. ROMINGER: Do you agree fully and faithfully execute it? 5 MR. JONES: Yes. (Whereupon, a discussion was held off the record.) MS. LINDSAY: In the event, that one party to this agreement fails or refuses to abide by a term or to comply with a term hereof, and the other party seeks Court intervention in order to enforce the agreement, the party who has breached the agreement shall be responsible for the attorney fees and costs of the other party expended to enforce the agreement. MR. ROMINGER: The only caveat would be force'majeure and impossibility of paying as defenses. MS. LINDSAY: If one of you do not adhere to your deal here and the other guy has to go to Court to enforce the attorney fees and costs, Karl's addition was something like Hurricane Katrina comes along and it cannot be done. (Whereupon, a discussion was held off the record.) MS. LINDSAY: It is understood that impossibility shall not be a defense to the payment of $55,000.00 as set out in this agreement by husband to wife. THE MASTER: You understand what they just talked about? MR. JONES: Yeah. 6 MS. JONES: Okay. MR. ROMINGER: Mr. Jones, are you satisfied with your representation? Do you believe that you have been adequately advised entering into this agreement? MR. JONES: Yes. MS. LINDSAY: The same question? MS. JONES: Yes, definitely„ I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: cj Carol J. Li?rdsay ?- Lorrie A. Jone Attorne}tf r Plai tiff j 0j,/ o) K rl E. Rominger Attorney for Defendant Gera d W. Jones 7 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 authoriti IJ Date: J?.=1-t C' I SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this -2, day of November, 2005, 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: Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY ATMRNEYS•AT•LAW 26 W. High Street Carlisle, PA r ' } ii s?.' ?. .. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Olk STATE OF PENNA. LORRIE ANN JONES No. 01-1579 VERSUS GERALD WADE JONES DECREE IN DIVORCE AND NOW, /?o•s. 6r 70' , IT IS ORDERED AND DECREED THAT LORRIE ANN JONES , PLAINTIFF, AND GERALD WADE JONES , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of agreement reached by the parties before the Divorce Master and reduced to writing on October 4, 2005 are incorporated, but not merged, into this Decree in Divorce - -/ DEC 0 1 2005 LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 2001-1579 CIVIL TERM GERALD W. JONES, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 5-11? day of ?lAl?'//ltD/z? 200 5 , upon consideration of the within Petition a Rule is issued upon Defendant to Show Cause why the relief requested should not be granted. Rule returnable at a hearing set for the 19-?4 day of art/co? 2005 in Courtroom #_K of the Courthouse at Carlisle, Pennsylvania at 3 4-z) -4p. m. BY THE COURT: SAIDIS SHUFF, FLOWER & LINDSAY ATMMYS•AT•LAW 26 W. High Street Carlisle, PA k4 LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V . CIVIL ACTION - LAW GERALD W. JONES, NO. 1579-2001 CIVIL TERM Defendant IN DIVORCE IN RE: PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 12th day of December, 2005, this matter having been called for hearing, the court being satisfied that the defendant has not complied with the order of court in this case, a contempt citation is issued. The defendant is ordered and directed to appear on Thursday, January 12, 2006, at 9:00 a.m., in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania, to show cause why he should not be adjudicated in contempt. Upon the failure of the defendant to appear at the January 12, 2006, hearing, a bench warrant will issue for his arrest. By the Court, ss, J. Carol J. Lindsay, Esquire For the Plaintiff Karl Rominger, Esquire For the Defendant ;?3 :bg { r V ,. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: GERALD W. JONES Member ID Number: 2301100755 Please note: Ali correspondence most include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multip le Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Attachment Amount/FreQuency LORRIE A. JONES 394107723 01-1579 CIVVtL $ 825.00 /MONTH LORRIE A. JONES 850103327 00270 S 200L $ 555.00 MONTH TOTAL ATTACHMENT AMOUNT: $ 1,380.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 318 .46 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, GERALD W. JONES Social Security Number 205-52-9905 , Member ID Number 2301100755 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to gamishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated FEBRUARY 15, 2004 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: OEC 7 7 7005 JUDGE Form EN-034 Service Type M Worker ID $IATT t"? ?? ?_ H "Sl G', { J- ? [ii? r' ° N . .?, s ',Cs -C' r'? ?_ cn J' r cM1y rJ t ?,`'tL c/Tl- \ 3 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 0Original Order/Notice Co./City/Dist. of CUMBERLAND 2CC O Amended Order/Notice Date of Order/Notice 12/2305 O Terminate Order/Notice Case Number (See Addendum for case summary) RE: JONES, GERALD W. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, Mp ABF FREIGHT SYSTEMS PO BOX 10048 3801 OLD GREENWOOD RD 729 FORT SMITH AR 72917-0048 205-52-9905 Employee/Obligor's Social Security Number 2301100755 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 380. 00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ o. 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 380.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 318 .46 per weekly pay period. $ 636.92 per biweekly pay period (every two weeks). $ 690.00 per semimonthly pay period (twice a month). $ 1.380. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (110) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: DEC 'i ? 7005 Form EN-021 Service Type M OMB No. 0970-0154 WorkerlD $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If yo r employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax bevies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-Reporting thePaydateffla bf Withhokfing. Yocrmnstrepart-thepagdate/date-of-withhcyHTrg-whemsendingthe-payment The- paydate/date-of-withholding is-thedateeit-whrch-amounYwas-withheldiromrthevmpfoyre`., wager. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You most honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 7102494440 EMPLOYEE'S/OBLIGOR'S NAME: JONES, GERALD W. EMPLOYEE'S CASE IDENTIFIER: 2301100755 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania Slate law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I I.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at _C71 7) 240-6225 or by FAX at (717) 2 410-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.? 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: JONES, GERALD W. PACSES Case Number 394107723 Plaintiff Name LORRIE A. JONES Docket Attachment Amount 01-1579 CIVIL$ 825.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M OMB No.: 0970-0154 PACSES Case Number 850103327 Plaintiff Name LORRIE A. :JONES Docket Attachment Amount 00270 S 2001 $ 555.00 Child(ren)'s Name(s): DOB TIFFANY NICOLE JONES 06/18/88 MEGAN. REBECCA JONES 06/34/92 ? If checked, you are required to enroll thechild(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 WorkerlD $IATT ?: {-? :? =„ ?_ ?r, f? _? ? ?:? _, ;-_ ?;. ?,.s . r.,?, ?.?? . =; U.? '__ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT cl' ` State Commonwealth of Pennsylvania o _)C_" k Cl f) >-? 1 Original Order/Notice Co./City/Dirt. of CUMBERLAND XO Amended Order/Notice Date of Order/Notice 12/23/05 O Terminate Order/Notice Case Number (See Addendum for case summary) RE: JONES, GERALD W. Employer/Withholder's Federal FIN Number Employee/Obligor's Name (Last, First, MI) PENN NATIONAL INSURANCE PO BOX 3880 HARRISBURG PA 17105-3880 205-52-9905 Employee/Obligor's Social Security Number 2301100755 Employee/Obligor's Case Identifier (see Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 380.00 per month in current support $ 0. 00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 380.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 318.46 per weekly pay period. $ 636.92 per biweekly pay period (every two weeks). $ 690.00 per semimonthly pay period (twice a month). $ 1.380.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #9 on page 2). See Addendum for dependent names and birth dates associated with cases on attachment. C 1 t`Y1Ci CtvI If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: DEC, 2 7 2005 BY THE COURT: AK Ak Service Type M OMB No.: 0970-0154 -,,ol k . Mt-.'h ; , Form EN-0 Worker ID 80INC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provi ded to your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-Report' ithhold ing. Yan-mmtreport tire paydate!date-or withh . paydate/date-ofwthholdirtgisthedate on-which-a `swages-. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0064100092 EMPLOYEE'S/OBLIGOR'S NAME: JONES, GERALD W. EMPLOYEE'S CASE IDENTIFIER: 2301100755 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed govems. 9.* Withholding Limits: You may not withhold more than the lesser of:]) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 41673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at C'17) 240-6225 or P.O. BOX 320 by FAX at 717 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M Worker ID $OINC OMB Nu: 0970-OT S4 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: JONES, GERALD W. PAGES Case Number 394107723 Plaintiff Name LORRIE A. JONES Docket Attachment Amount 01-1579 CIVIL$ 825.00 Child(ren)'s Name(s): DOB PAGES Case Number 850103327 Plaintiff Name LORRIE A. JONES Docket Attachment Amount 00270 S 2001 $ 555.00 Child(ren)'s Name(s): DOB TIFFANY NICOLE JONES 06/18/88 MEGAN REBECCAJONES 06/,14/92 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $osNC ome No.: 0970-0154 L-7 -t't j ? e R1 f., ? t .1 c LORRIE A. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 01-1579 GERALD W. JONES, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 12th day of January, 2006, after hearing, the Defendant is adjudicated in contempt. We award counsel fees and costs in favor of the Plaintiff in the total amount of $750 to be paid within 90 days of today's date. Hearing with respect to the adjudication is continued and the Defendant is directed to execute within 48 hours a release in favor of the the Plaintiff so that she will have access to any and all information concerning his current transactions with Countrywide Bank and the matter to be relisted at the request of either counsel. By the Court, r ?)6k Kev' A. Hess, .Zaiol J. Lindsay, 4quire For Plaintiff ,_xa'ri E. Rominger, Esquire For Defendant mlc L .. C\ ??? ?. ... ? 1 i??i 4 1.v LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1579 GERALD W. JONES CIVIL ACTION- LAW Defendant IN DIVORCE CENTRAL PENNSYLVANIA TEAMSTERS 1987 RETIRMENT INCOME PLAN QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this _ day of 2006, pursuant to the parties' Agreement to the entry of the attached Central Pennsylvania Teamsters Retirement Income Plan Qualified Domestic Relations Order, the following Order is entered 1. IDENTIFYING INFORMATION: 1. The Participant is Gerald W. Jones. The Participant's social security number is 205-52-9905. The Participant's address is 38 Carlton Avenue, Carlisle, PA 17013. The Participant's date of birth is 10/3/60. 2. The Alternate Payee is Lorrie A. Jones. The Alternate Payee's social security number is 184-50-1623. The Alternate Payee's address is 408B Walnut Street, Boiling Springs, PA 17007. The Alternate Payee's date of birth is 7/22/61. 3. The parties were married on July 5, 1983 and separated on March 19, 2001. 4. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. METHOD OF DIVIDING PARTICIPANT'S BENEFITS: 1. The Plan shall pay to the alternate payee a one time lump sum of Fifty-five Thousand ($55,000.00) Dollars of the Participant's vested accrued benefit under the Plan as ordered by the Cumberland County Court of Common Pleas after a Divorce Master's hearing on October 4, 2005, and as agreed to by the parties.. 2. The Fund shall separately account for the benefits awarded in paragraph 1 of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date this Order is determined to be a QDRO. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a Beneficiary Designator form with the Fund office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a Beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. OTHER PROVISIONS: 1. This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. J. LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2001-1579 GERALD W. JONES CIVIL ACTION- LAW Defendant IN DIVORCE AND NOW, comes Gerald W. Jones, Defendant and Lorrie A. Jones, and respectfully requests that this Honorable Court enter the following Qualified Domestic Relations Order: 1. IDENTIFYING INFORMATION: 1. The Participant is Gerald W. Jones. The Participant's social security number is 205-52-9905. The Participant's address is 38 Carlton Avenue, Carlisle, PA 17013. The Participant's date of birth is 10/3/60. 2. The Alternate Payee is Lorrie A. Jones. The Alternate Payee's social security number is 184-50-1623. The Alternate Payee's address is 408B Walnut Street, Boiling Springs, PA 17007. The Alternate Payee's date of birth is 7/22/61. 3. The parties were married on July 5, 1983 and separated on March 19, 2001. 4. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. METHOD OF DIVIDING PARTICIPANT'S BENEFITS: 1. The Plan shall pay to the alternate payee a one time lump sum of Fifty-five Thousand ($55,000.00) Dollars of the Participant's vested accrued benefit under the Plan as ordered by the Cumberland County Court of Common Pleas after a Divorce Master's hearing on October 4, 2005, and as agreed to by the parties.. 2. The Fund shall separately account for the benefits awarded in paragraph 1 of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date this Order is determined to be a QDRO. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a Beneficiary Designator form with the Fund office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a Beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. OTHER PROVISIONS: 1. This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. Date Gerald W. Jones Date Karl E. Rominger, Esquire /0 (0 J Dat Lorne A. Jones Date Carol J. Lindsay,'Es ui LORRIE A. JONES, Plaintiff v GERALD W. JONES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1579 CIVIL ACTION- LAW IN DIVORCE CENTRAL PENNSYLVANIA TEAMSTERS 1987 RETIRMENT INCOME PLAN QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 2o` day of , 2006, pursuant to the parties' Agreement to the entry of the attached Central Pennsylvania Teamsters Retirement Income Plan Qualified Domestic Relations Order, the following Order is entered 1. IDENTIFYING INFORMATION: 1. The Participant is Gerald W. Jones. The Participant's social security number is 205-52-9905. The Participant's address is 38 Carlton Avenue, Carlisle, PA 17013. The Participant's date of birth is 10/3/60. 2. The Alternate Payee is Lorrie A. Jones. The Alternate Payee's social security number is 184-50-1623. The Alternate Payee's address is 408B Walnut Street, Boiling Springs, PA 17007. The Alternate Payee's date of birth is 7/22/61. 3. The parties were married on July 5, 1983 and separated on March 19, 2001. 4. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. if. METHOD OF DIVIDING PARTICIPANT'S BENEFITS: 1. The Plan shall pay to the alternate payee a one time lump sum of Fifty-five Thousand ($55,000.00) Dollars of the Participant's vested accrued benefit under the Plan as ordered by the Cumberland County Court of Common Pleas after a Divorce Master's hearing on October 4, 2005, and as agreed to by the parties.. 2. The Fund shall separately account for the benefits awarded in paragraph I of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date this Order is determined to be a QDRO. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a Beneficiary Designator form with the Fund office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a Beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. OTHER PROVISIONS: I. This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. C °.::.. LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : 01-1579 CIVIL GERALD W. JONES, Respondent IN DIVORCE IN RE: REQUEST FOR HEARING ORDER AND NOW, this 2 1? day of February, 2006, a brief hearing in the above captioned matter is set for Wednesday, February 15, 2006, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Carol J. Lindsay, Esquire For the Petitioner Karl Rominger, Esquire Ca?eun irn cwEuC• J ?? ?4 For the Respondent Am l' u I0 ?? ' ?lht LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-1579 CIVIL TERM GERALD W. JONES, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 4Pv?lzd day of 2906, ;;ron the request of counsel, the hearing scheduled for February 15, 2006 at 3:00 PM is hereby continued to the /7*? day of t r? 2006 at 3. 30 o'clock /'M. SAIDIS, FLOWER 6z LINDSAY anuw 26 West High Street C:adis[e, PA BY THE COURT, 1`..f ;, "I' (,?. -`:? ?? ? ' ? _a LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-1579 CIVIL GERALD W. JONES, Respondent IN DIVORCE ORDER AND NOW, this / 7 - day of April, 2006, hearing in the above captioned matter set for April 17, 2006, is continued generally, to be rescheduled at the request of either party. BY THE COURT, -Carol J. Lindsay, Esquire For the Petitioner /arl Rominger, Esquire For the Respondent Arn J V oa.??.o Y " ` ? ' -} ? , ?y LORRIE A. JONES, Plaintiff v GERALD W. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1579 CIVIL TERM IN DIVORCE PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, comes the Plaintiff, Lorrie A. Jones, by and through her counsel, Carol J. Lindsay, Esquire, and files the within Petition to Enforce Marital Settlement Agreement and, in support thereof, alleges as follows: 1. The parties hereto entered into an agreement with regard to the distribution of their marital property before the Divorce Master on October 4, 2005. A copy of the agreement dated October 4, 2005 is attached hereto and marked as Exhibit "A". A Decree in Divorce was granted on November 30, 2005. 2. Subject to the terms of the Agreement, Defendant was required to transfer to Plaintiff two IRA accounts. Defendant executed the documents required to convey the account and those documents were forwarded to the financial advisor for Plaintiff by the undersigned. 3. Upon information and belief, the financial advisor misplaced the necessary SAMIS, RFLONVIER LINDSAY uW 26 West High Street Carlisle, PA documents and the IRAs have never been transferred from Defendant to Plaintiff. 4. Plaintiff has sought advice from a different financial advisor who provided letters of authorization that are necessary for Defendant to sign in order to complete the IRA rollovers. The documents require signature guarantees at a bank. 5. On May 20, 2009, counsel for Plaintiff wrote Defendant's counsel asking that the letters of authorization necessary to transfer the IRAs be executed by the Defendant with a signature guarantee. A copy of the letter of May 20, 2009 and the two letters are attached hereto as Exhibit "B". 6. Follow up telephone calls have failed to accomplish the signing of the letters of authorization. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Defendant to Show Cause why he should not be required to sign the letters of authorization before a bank representative who can affix a signature guarantee. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol Jr Lindsa , quire Attorney Id. 4 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff FLOWER SAMIS, LINDSAY 26 West High Street Carlisle, PA LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1579 CIVIL GERALD W. JONES, Defendant IN DIVORCE THE MASTER: Today is Tuesday, October 4, 2005. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Lorrie A. Jones, and her counsel Carol J. Lindsay, and the Defendant, Gerald W. Jones, and his counsel Karl E. Rominger. The parties were married on July 5, 1982, and separated March 31, 2001. The parties are the natural parents of two children, both of whom are still minors. The older child lives with the father and the younger child lives with the mother. The divorce complaint was filed on March 19, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The affidavits and waivers will be filed with the Prothonotary's office by the Master's office so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. 1 An amended complaint in divorce was filed an September 23, 2004, raising claims on behalf of wife of equitable distribution, alimony, and counsel fees and costs. The Master has been advised that after considerable--negotiations in this case, the-parties have reached an agreement with respect to all of the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later today to review the transcribed agreement and make typographical corrections as necessary. They will then be asked to sign the agreement affirming the terms of settlement as stated on the record. However, it is specifically noted that when the parties leave the hearing room today they are bound by the substantive terms of the agreement even though there is no subsequent signing of the agreement by the parties affirming the settlement. Upon receipt by the Master of the completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final 2 decree in divorce. Mr. Rominger. MR. ROMINGER: 1. Husband agrees to make a direct cash payment to wife in the amount of $55,000.00 within 45 days of today's date. 2. Husband agrees to prepare a QDRO $55,000.00 of his Teamster's pension today's date. to provide wife with within two weeks of 3. Husband agrees to convey all of his interest in two IRAs now in his possession and listed on the property statement of Plaintiff, being an American Investors IRA and a Putnam IRA and will complete all documents necessary to make the transfer or prepare any Court order if either would require within two weeks of today's date. Mr. Jones warrants that he has not removed any monies from the American Investors IRA since March 28, 2005, when. it had a value of $6,853.65. Nor has he removed any monies from the Putnam IRA since March 31, 2005, when it had a value of $1,875.02. Wife will be receiving these two IRAs reduced in value or increased in value only by market conditions. 4. Husband shall agree to the entry of an alimony order in the amount of $825.00 per month to be administered or attached to the Domestic Relations Office of this county. This is an indefinite alimony order and subject to modification upon a change of circumstances and termination upon the death of either party, cohabitation by wife with a member of the opposite sex or remarriage of wife. The alimony shall be effective October 1, 2005; wife will advise the office of Domestic Relations that her spousal support shall terminate on the same date and if any over collection is made, it will be credited appropriately. 5. It is the intent of the parties that each party will keep all tangible personal property now in their possession and all vehicles now in their possession, and remain responsible for all debts now in their name. Additionally, at the time of the payment of the $55,000.00 lump sum to wife, husband will refinance and remove wife from any obligation to the marital residence. 6. Wife shall execute a deed at the time of the refinance and receipt of the lump sum payment transferring her 3 interest solely to husband. The deed will be prepared by husband's counsel. 7. Except as specified above, both parties waive any and all claims they may have as to any retirement or other accounts held by the other for any purpose. 8. The parties expressly waive any further claims for counsel fees or costs which they may have as against the other. 9. Wife will retain the 1994 Ford Explorer and husband will retain the 2000 Chevy pick-up, the 1972 Chevy pick-up, and the 2001 Triumph motorcycle. Similarly, wife will retain the two bank accounts which were in her individual name at WayPoint and the $25.87 remaining in the Member's 1st Federal Union account as of the time of separation and husband will retain his WayPoint account. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. LINDSAY, Lorrie Jones, did you hear the agreement as it was dictated by Mr. Rominger and by me? MS. JONES: Yes. MS. LINDSAY: And did you understand it? MS. JONES: Pretty much so except for some of that stuff at the end. I understood. MS. LINDSAY: Okay. Let me explain what that 4 stuff at the end is about. That is some magic language that's in there so that if you didn't get divorced between now and -- if somebody died, one of you died, between now and the date you were divorced, you might have a claim on the estate of the other. What this is doing is waiving any claims you have on the estate of the other for that period of time. Once you are divorced you don't have a claim -- MS. JONES: Okay. MS. LINDSAY: Do you have any questions in addition about what I just said and Mr. Rominger just dictated? MS. JONES: No. MS. LINDSAY: And are you in agreement that the agreement as dictated is the agreement you want to make? MS. JONES: Yes. MR. ROMINGER: Gerald, have you heard the agreement as dictated into the record? MR. JONES: Yes. MR. ROMINGER: And are you in agreement with the contents of it? MR. JONES: Yes. MR. ROMINGER: Do you understand it? MR. JONES: Yes. MR. ROMINGER: Do you agree fully and faithfully execute it? 5 MR. JONES: Yes. (Whereupon, a discussion was held off the record.) MS. LINDSAY: In the event, that one party to this agreement fails or refuses to abide b_y_a term or to comply with a term hereof, and the other party seeks Court intervention in order to enforce the agreement, the party who has breached the agreement shall be responsible for the attorney fees and costs of the other party expended to enforce the agreement. MR. ROMINGER: The only caveat would be force'majeure and impossibility of paying as defenses. MS. LINDSAY: If one of you do not adhere to your deal here and the other guy has to go to Court to enforce the attorney fees and costs, Karl's addition was something like Hurricane Katrina comes along and it cannot be done. (Whereupon, a discussion was held off the record.) MS. LINDSAY: It is understood that impossibility shall not be a defense to the payment of $55,000.00 as set out in this agreement by husband to wife. THE MASTER: You understand what they just talked about? MR. JONES: Yeah. 6 MS. JONES: Okay. MR. ROMINGER: Mr. Jones, are you satisfied with your representation? Do you. believe that you have been adequately advised entering into this agreement? MR. JONES: Yes. MS. LINDSAY: The same question? MS. JONES: Yes, definitely. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Carol J.,-Li say Lorrie A. Jone Attorne 'r Plai tiff K rl E. Rominger Ger. J ones Attorney for Defendant 7 LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI DANIEL L. SULLIVAN DEAN E. REYNOSA THOMAS E. FLOWER. MARYLOU MATAS JASON E. KELSO SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6456 EMAIL: attorney@sfl-Iaw.com www.sfl-law.com May 20, 2009 Vincent Monfredo, Esquire Rominger & Bayley 155 South Hanover Street Carlisle, PA 17013 Re: Jones v. Jones Dear Vinny: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Perhaps you recollect that the distribution of IRAs have never been accomplished in this divorce case. Mr. Jones signed a single document earlier, but it has been inadequate to make the transfer. My client has consulted with Jacqueline Powell Associates and I enclose a copy of her letter to Lorrie. Two signature guarantees are required by Mr. Jones, one for each IRA. Unfortunately, Gerald cannot simply sign these documents and return them. Rather, he needs to have his signature guaranteed at a bank to obtain the guarantee. Would you please ask him to do this within the next two weeks so that the final part of the divorce can be accomplished? Thank you for your help. Very truly yours, SAIDIS, FLOWER & LINDSAY Caro J. Lindsay, Esquire CJL/bes Enclosure cc: Lorrie Jones TO: American Investors Life Insurance Company ATTN: Legal Department 555 S. Kansas Avenue Topeka, KS 66601-2039 FROM: Gerald W. Jones .38 Carlton Ave Carlisle, PA 17013-3114 RE: Letter of Authorization for American Investors Tax Deferred Annuity, Policy No. 255145, Plan Name: Alliance PO, Plant Type: IRA Annuitant: Gerald W. Jones I, Gerald W. Jones, authorize the transfer of the qualified Annuity Policy No. 255145 into the name of Lorrie A. Jones, upon receipt of this letter and other necessary documentation to complete this request. I request that all benefits, rights and privileges incident to ownership of the policy be vested to Lorrie A. Jones. I understand that I am hereby surrendering my right to this annuity and forego any tax benefits or consequences from the change of ownership on this qualified annuity. Gerald W. Jones Date Last four of Social Security: Signature Guarantee : TO: Putnam Investments 30 Dan Road Canton, MA 02021 FROM: Gerald W. Jones 38 Carlton Ave Carlisle, PA 17013-3114 RE: Letter of Authorization for Putnam Investments Client #0335519073, Acct#A303205529905 Account Title: Putnam Fiduciary Trust Co Trustee, Gerald W. Jones IRA Rollover Plan I, Gerald W. Jones, authorize the transfer of the qualified Account #A303205529905 into the name of Lorrie A. Jones, upon receipt of this letter and other necessary documentation to complete this request. I understand that I am hereby surrendering my right to this account and forego any tax benefits or consequences from the change of ownership on the IRA account. Gerald W. Jones Date Last four of Social Security: Signature Guarantee : 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. SAIDIS & FLOWER LENDS" 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this day of September, 2009, 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: Vincent Monfredo, Esquire Rominger & Bayley 155 South Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Lindsa ,y,,Es uire Attorney Id. 44 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff SAMIS FLOWER & LINDSAY 26 West High Street Carlisle, PA CF THE i-l LI.'J " Lr' - ? 25A.' i -? ' Lt J' n? SEP 2 8 2009 LORRIE A. JONES, Plaintiff V. GERALD W. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1579 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this -Z5' day of A..? i'c- v , 20±1, upon consideration of the within Petition a Rule is issued upon Defendant to Show Cause why he should not be required to sign the two letters of authorization provided to him on May 20, 2009 at a bank and to obtain signature guarantees. Rule returnable Z v days from the date of service hereof. BY THE COURT: SAMIS, FLOWER & LINDSAY ATP RD&V5;AT,. 26 West High Street Carlisle, PA T Tj . F. f\HY 2 099 S P 29 11 '21: ti LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2001-1579 CIVIL TERM GERALD W. JONES, Defendant IN DIVORCE ANSWER TO RULE TO SHOW CAUSE AND NOW, comes Gerald W. Jones, by and through his counsel Vincent M. Monfredo, Esquire, and in support of his Answer avers as follows: 1. Undersigned counsel forwarded the letters of authorization to Defendant on May 28, 2009, and again on October 1, 2009, and the letters of authorization are in the process of being signed and returned to undersigned counsel. Respectfully Submitted, Rominger & Associates D l6 G? ate. ? Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 206671 Attorney for Defendant I LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2001-1579 CIVIL TERM GERALD W. JONES, Defendant INDIVORCE CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, certify that I this day served a copy of the within Answer to Rule to Show Cause, upon the following by depositing the same in the United States Mail, first class, postage pre-paid addressed as follows: Carol J. Lindsay, Esquire SAIDIS FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 Date: t? Respectfully Submitted, Rominger & Associates Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 206671 Attorney for Defendant FILED-tJI' 3'C"E 2909 0CIT 19 PH FEB ~ 2 Z01f1 LORRIE A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO.2001-1579 CIVIL TERM GERALD W. JONES, Defendant 1N DIVORCE ORDER OF COURT AND NOW, this ,1Q~ day of ~~ , 2010, upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. Rule returnable at a hearing is set for the e~~4't' day of ~~`Gth~ , 2010, in Courtroom Number 4 of the Courthouse in Carlisle, Pennsylvania at ~~ 3 d o'clock /~ M. BY THE COURT: ~l - f/~ J. SAIDIS, LINDSAY ,r[~[u~vEis.,n: ww 2G West High Street Carlisle, PA eo ~ ~ ~.~.~ ~~. ~..~ U. -'Y1U,~n~.c~ A-~ ~ . l~~:~ls~~ a/aa, f r o ~~~ n N r - c~ .i C.:.7 ~ ~ - r~'i _r r~ : '77 -- ~~ ' ~ _' i N ~ ~. _ s ' _~ ~: ' Gh ~i' " ` .,.~ .. GJ'1 -i