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HomeMy WebLinkAbout02-0188PAMELA Y. HALL, Plaintiff GALEN G. HALL, Defendant : IN THE COURT OF COM]VION PLEAS : CUMBERI,AND COUNTY, PENNSYLVANIA : CIVIl, ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNUL~ 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 WI-IER~ YOU CAN GET L]~GAL I-I~LP~ Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apadencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden comra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LI~F~VE ESTA DEMANDA A LIN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA I~N PI~P, SONA O LLAM~ POR TI~LFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 PAMELA Y. HALL, Plaintiff Ve GALEN G. HALL, Defendant : IN TliE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :No. Or- : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Pamela Y. Hall, by his attorney, Cara A. Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter sot forth: 1. The Plaintiff, Pamela Y. Hall, is an adult individual who resides at 5145 E. Trindle Road, Apartment J, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Galen G. Hall, is an adult individual who resides at 1751 Mountain Road, York Springs, Adams County, Pennsylvania 17372. 3. The Plaintiffhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 22, 1988, in Carlisle, Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. 7. Plaintiff avers that there are no children bom of the marriage. 8. The Plaintiff and Defendont are not members of the Asmed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of I)ivorce Code under which Plaintiffis proceeding are~ Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated in July, 1999. WHEREFORE, the Plaintiffprays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities: Date: ~ara A. Boyanowsl~, Esquire Attorney No. 68736 1029 Scenery Drive Harrisbur~ PA 17109 (717) 657-4795 Attorney for Plaintiff PAMELA Y. HAIJ. Plaintiff Ve GAI.EN G. HALL, Defendant : IN TWE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-188 ~ TERM : : CIVIL ACTION - LAW : 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 emered 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, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOUDO NOT HAVE A LAWYF, R OR CANNOT AFFORD ONE, GO TO OR TFJ.EPHONE THE OFFICE SET FORTH B~.LOW TO FIND OUT VVrIERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Car{is{e, PA 17013 (717) 249-3166 NOTICIA. Le hah demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas si~fientes, usted tiene viente (20) dias de plazo al parfir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a ~ demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara mediates y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LL~.VE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOOADO O SI NO TIENE l~. DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENC~ ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCiA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3155 PAMELA Y. HALL, Plaintiff GALEN G. HALL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-188 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) AND 3301(d) OF ~ DIVORCE CODE AND NOW, comes the Plaintiff, Pamela Y. Hall, by and through her attorney, Cara A. Boyanowski, Esquire, and files this Amended Complaint in divorce seeking to obtain a decree in divorce from the above-referenced Defendant purs~_~_ont to Sections 3301(c) and 3301(d) of the Divorce Code and sets forth the following: COUNT I DIVORCE 1. Paragraphs One (1) through Ten (10) of the original complaint in divorce filed on January 14, 2002, are incorporated herein by reference thereto. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT H EQUITABLE DISTI~mUTION Paragraph One of this Complaint is incorporated herein by reference as though set Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage, October 22, 1988, until the date of their separation, July, 1999. 4. Plaintiff and Defendant have b~n unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT IH COUNSEL FEES, COSTS AND EXPENSES Paragraph One of this Complaint is incorporated herein by reference as though set forth in full. 6. Defendant's annual gross income is unknown and Defendant has assets which have not yet been ascertained. 7. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 8. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award for counsel fees and costs and expenses, as deemed appropriate. I verify that the statements made in this Amended Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A~ {}4904 relating to unswom falsification to authorities. ~a~da Y. Hall, Plainti~ ' DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 Attorney for Plaintiff PAMELA Yo HALL, Plaintiff GALEN G. HALL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBEI~!.AND COUNTY, PENNSYLVANIA : NO. 02-188 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE INVENTORY UNDER RULE 1920.33 Plaintiff~ Pamela Y. Hall, files the fo~owing inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. She verifies that the statements made in this amended inventory are true and correct. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: ASSETS Ol~ 1,ARTn~S PAMF. LAY. HAI.L MARKS ON THE LIST Bl~l.OW THOSE ITEMS APPLICAB!,F. TO THE CASE AT BAR AND ITElV~ZF, S THE ASSETS ON THE FOLLOWING PAGES. (X) 1. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit box(s) ( ) 8. Trusts CA') 9. Life insurance policies (indicate face value, cash surrender value and current ( ) 10. Annuities ( ) ll. Gii~s ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (list aH owners, including percentage of ownership, and officer/director positions held by a party with company) (X) 16. Employment temdrmtion benefits - severance pay, worker's compensation claim/award (X) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and aRaeh itemized list if distribution of such assets is in dispute) ( ) 26. Other HALL v. H~LL Date of Marriage - October 22, 1988 Date of Separation - July, 1999 MARITAL ASSETS Assets Wife's Husband's Difference Notes Value Value in Value Real Estate Marital Residence: $130,000.00 Pre-Marital Property. 1751 Mounemin Road (Appraisal) Property appraised in January, York Springs, Pennsylvania $54,000.00 2002. (Marital Husband purch~._o~d property in Portion) 1986 fo~ $76,000.00. Marital property consists of increase in value of real property since 1988. No mortgage exists on the property. lt~,tirmnent Aceouuts EBI $44,968.15 Retiremem Account (vctte) TIAA-CREF (Borough Retirement) $5,394.04 Retirement Account (Wa'e) AHOLD USA, Inc. $0.00 Pre-Marital Property. 401(k) Savings Plan Wife's participation in account Giant Foods began after date of separation. (Yea'e) ,, Appleton Papers Unknown Information in sole possession Retirement Account of Husband. (Husband) MARITAL ASSETS Appleton Papers Severance Pay $16,312.47 Husband received severance (Husband) pay on June 1, 2001. Husband deposited severance into joint checking account no. 514045-7216. Morrett Plumbing Unknown Information in sole possession (Husband) of Husband. Automobiles 1996 Ford Taurus Estimated at: In possession of Wife. (Wife) $5,000.00 No lien exists on this vehicle. 1986 Ford Bronco Estimated at: In possession of Husband. (Husband) $2,000.00 No lien exists on this vehicle. Life ln~aranee Policy Hartford Life and Annuity Insurance Face Value: Value of policy as of Company $120,000.00 November 28, 2001. Policy No. 101-LU0935779 Cash (Husband) Surrender Value: $3,340.89 Bank Accounts Members First $3,949.64 Balance of account as of Savings Account August, 1999. No. 112581 Wife withdrew $3,851.49 from (Joint) account on May 7, 2002. PNC Bank $4,762.73 Balance of account as of July, Checking Account 1999. No. 51-4045-7216 Husband withdrew $2,292.99 (Joint) from account on July 2, 1999. Wife withdrew $601.95 from account on May 7, 2002. MARITAL ASSETS PNC Bank $8,815.54 Balance of account as of July, Savings Account 1999. No. 51-3039-2607 Husband withdrew $8,000.00 (Joint) from ac, count on July 2, 1999. Wife withdrew remaining balance of account in Febtaj~ry, Z002. Household Goods and Furnishings Estimated at: Husband in possession of $30,000.00 items. Wife only removed living room suite, valued at approximately $3,000.00. None GRVST - 1 COPYRIGHT 1985 e BY ALL-ST ATE LEGAL SUPPLY CO. ONE COMMERCE DRIVr, CRANFORO N.J. 07016 Nin~enhundredand eighty-six (].986) ~ztwzz~ GARY R. WEG~ZYNOWICZ and PATRICIA A. WEGRZYNOWiCZ formerly Patricia A. Cassel), his wife, of York Springs, Adams County, Pennsylvania GRANTORS , in the year AND GALEN G. HALL, single man, of Dillsburg, York County, Pennsylvania GRANTEE Wt~~, That in ~,;;iderat~?& of Seventy-six thousand and no/100 ............................. $76,000.00 ........................ DolOrs, in hand pa~, the receipt whe? . '!f ~ hereby ~know~dged, th~ sa~ ~ant~ s ~ ~e~ ~nt a~ ~v~ ~ O~ s~ ~ant~e , his ~rs a~ ~, ALL THAT CERTAIN piece or parcel of land, situate on the west side of Mountain Road, L.R. 66001, ~in the ToWnship of Latimore~ County of Adams, Co~onwealth of Pennsylvania, more particularly bounded and'described according to a final plan of lots ~f Section 3-A of Stone Head Estates prep~red by Jerry D. LaRue, Registered Surveyor, dated April 21, 1978 as follows, to wit: BEGINNING at an iron pin on the dedicated right-of-way 1Lne on the East side of Mountain Road, L.R. 66001, at the common lo% line of lots 23 and 24 of the a~oresaid plan; thence alon~ the co--on lot line of Lots No. 23 cng 24, South fifty-five (55) degrees fifty- eight (58) minutes forty-eight (48) seconds East two hundred ninety and no hundredths (290.00) feet to an iron pin; thence along other lands of Grantors South thirty-four (34) degrees one (1) minute twelve (12) seconds West one hundred fifty and no hundredths (150.00) feet to a concrete mo~ument on the dedicated right-of-way line of an unnamed street; thence along said unnamed street North fifty-five 55) degrees fifty-eight (58) minutes forty-eight (48) seconds West two hundred sixty and no hundredths (260.00) feet to a point; thence on a curve to the right having a tangent of thirty (30) feet, an arc of forty-seven and twelve hundredths (47.12) feet, and a radius of thirty (30) feet along the right-of-way line of the aforesaid un- named street and MountcLn Road'North ten (10) degrees fifty-eight (58) minutes forty-eight (48) seconds West to a point on the eastern right-of-way line of the said Mountain Road; thenc'e along the eastern right-of-way line of said Mountain Road North thirty-four (34) degrees one (1) minute twelve (12) seconds East one hundred twenty and no hundredths (120.00) feet to an iron pin, the point and place of BEGINNING. BEING Lot No. 24 of the aforesaid final plan of Section 3-A of Stone Head Estates recorded in Adams County Plan Book 21, Page 45. :BOOK PAGE: 0431 0381 The aforesaid Mountain Road has been erroneously identified on the said final plan of Section 3-A of Stone Head Estates as L.R. 01009. BEING the same premises which Vernon E. Anderson, Inc., a Pennsyl- vania Corporation, by Deed dated December 24, 1981, and recorded in the Office of the Recorder of Deeds of Adams County, Pennsylvania, in Deed Book Volume 360, Page 922, granted and conveyed unto Gary R. Wegrzynowicz and Patricia A. Cassel, single persons. The said Gary R. Wegrzynowicz has since intermarried with Patricia A. Cassel and together they are the Grantors herein. ENTERS'9 FOR ~ CORD TAX~;, ~'o JUL 17 I ~ PH 'SG J~,,~-~, . Township,, Adams County, Pennsylvania REAL ESTATE TRANSFER TAX RESOLUTION Amount of Tax ~9~. ~o Received P~en~ chool District, Adams Codrnty, p~ ~ REAL ESTATE TRANSFER TAX RESOLUTIO~'i Amount of Tax ~t.~..i~~ 04 1 0382 hereby generally the property hereby conveyed, and seal s the day and year first ab,we written. ha~e hereunto set their GA~ IR. WEGRZ~ICZ/~ r~,t~zc~ ~. ~G~Z'.~O~XC~ U warrant hah&, On tkis, the day of 19 , before me 0431 0383 kaolin to me (or satisfaatorily pvovea) to be the person whose aame sube~ribed to the withi~ i~stmme~ and o~ekamo~ tAGt he ~ the same for the purpose therein aontained. IN WITNE~ WHEREOF, I have her~nto set my hand and seal. ~,~t~ of On this, the day of 19 the undurfsigaed o~, personally appeared Imoum to rn~ (or sa~sfaetorily prov~ to b~ th~ Inn'son whose narn~ subscribed to tl~ within instrument, and adenowl~g~d O~at I~ ~ th~ sarn~ for t~ gurgo~e thsrdn contain& IN WITNESS WHEREOF, I have hereunto set my hand and seal. i INVOICE I O I C E 101/14/02 101/04/02 I MH I HALL 123-2391423 I 717-'Z66-4686 Purchaser/Borrower ~a~l~ Galen & Pamela Property Address 1751 Mountain Road City York Springs Subdivision County .~l~azz~ State PA Legal Description Attached Reference Unit Zip 17372 Amount ........................................................................ Mail or Handling Fee ..... Additional Charges 1 ... 15% Fee if Paid 30 Days Past Receipt . Additional Charges 2 .... Additional Charges 3 .... Sales Tax ........................................................................ Thank you for your business [ Total Amount of Invoice 275.00 275.00 Please detach and include the bottom portion with your payment... Thank you ! 01/14/02 01/04/02 MH 02-02M1 HALL 657-4795 AMOUNT ~.:':' ?::' :: ~ ~ ~ ~ ~::~:::' ~: DUE ~ 275.00 ENCLOSED TfiR~O - Balane~ duo upon ro~oipt of in~oioo Pl~a~o fotura thi~ portion with ~our pa~mont. Thank ~ou ! MARK E HILBERT & ASSOCIATES ~e r~o: 02 - 02M1 APPRAISAL REPORT of 1751 Mountain Road York Springs, PA 17372 Sunmmr~Appraisal Report PREPARED FOR: Cara A. Bo~anowski Esq. 1029 Scenery Drlve Harrisburg, PA 17109 AS OF: January 4, 2001 PREPARED BY: MARK E. HILBERT & ASSOCIATES 14 North Walnut Street Mechanicsburg, PA 17055 MCS, a Division of ACI Development {800) 697-7783 MARK E. HILBERT & ASSOCIATES Property Description UNIFORM RESIDENTIAL APPRAISAL REPORT ' File No. 02-02M1 P,~,~yAaa,.o~ 1751 Mountain Road city York Sprinqs statePA ZipCode 17372 Legal Description Attached County Adams Ass~s0r's Parco, NO. Tax Year R.E. Taxes, Special Asses .... ts, NO=. ~O.. Borrower"m]1, ~.l.n ~ ~.--.]. Current Owner ~"'~ Occupant ~Owner ~.enant Neighborhood o~ Proiect Name ~to~e~ea~ ~[~kes Map Reference Census Tract 23 S~les Price t ~.~.~[~e Oate of Sale ~/[ Oescription and 8 amount af pan charaes/concessions to be paid b~ seller Lender/Client CaTe A. B~an~ski Esq. Address 1029 Scene~ Drive HarrisburgtPA 17109 Appraiser ~rk E. F41~ert Address 1~ North Walnut Street/Mechanicsburq~ PA 17055  Location ~ Urban ~ Suburban ~ Rural PM~i~ ~ f~i~ ~. ~ I~ ~ % ~ Builtup OOver75% ~25-75% OUnder25% ~ PRICE$(O00} AGE(yrs) Onefamily ~ O Notlikely ~Likely Gromh rate 0 Rapid ~ Stable OSlow ~O .... 70 tow N.W 2-~ ,a.ily 0S O In process Prope~yvalues ~ Increasing 0 Stable 0 Declining 0 Tenant 22S Hi,h 35 Muai-familV 00 To: Residential Demand/supply O Sh0rtage ~ In balance O0 ..... pply ~ Vacant (0-5%, :::~}~{~ P r ~ 0 m i n a n t i];~]?:~?:~?~?:{~?:~ C o m. e r c i a I 01 Marketin, time B Under 3 .... ~ 3-6 m0s. ~ Over 6 mos. ~ Vacant (over 5%) 1~0 18 Vac~d 45 Neigh~rh0~ b0undades a~ characteristics: Property is located along Mountain Road in the Develo~nt of Stonehead Estates, Lat~mre T~ship. ~ C~ty, Pe~sylvania. Factors that affect the marketab,,,W of the properties in the neighborhood (proximity to employment and amenities, emp,oyment stability, appeal t .... ket..tc.k Property has good access to ~l~ent and so.ices. are not re~ire~ to offer sales or fin~cing consessions. Fin~cing is really avail~le ~1~,.~ {If .pplicabie)-*ls the developer~uilder in control of theHomeO ..... 'Association(HOA)? O Yes O No Approximate total .u~ber o, unitsi, the subject project "/~ . Approximate total number of units for sale i~ the s.bject project Oimensions2~0 X [~0 X 260 X ~7.[2 X [20 Topography S[~ag ~o Aea~ SiteArea &0~305.6 S~s~e Eee~ ComerLot ~Yes ~ No Size 0.925 Specific zoning cl,ssificati .... d description .ee~ea~a[ Shape Zoning comp,lance ~ Legal ~ L~al ...... formi~ IGrandfa,hered use} ~ megal ~ No zoning Drainage Appease ade~a~e Highest & best .... S improv~ ~ Present use ~ nth ..... (explain) View ..... . . Landscaping UtdAms Pubhc Other Off-s~e Type Pubhc Pnvate ' Electricity ~ 200 ~ Street ~csa~ __ _ ~ ~ Apparent Easements ~C~[ Gas ~ ~o~e Curb/Gutter ~oae ~ ~ ' Water ~ Private Sidewalk ~-- - 0 ~ FEMA Special Flood Hazard Area ~ Yes ~No Sanitary Sewer ~ Private Street lights None ~ ~ FEMA Zone C Map Date 6-1-79 Storm Sewer ~ None Alley ~-- - ~ ~ FEMA Map ~2 Comments(apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming zoning, use, etc,): Non~ apparent. S~j act h~ver to rese~ations, eas~ents, conditions ~d right of way of record. GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Units ~e Foundation Co,crete Slab No Area Sq. Ft. 1~ 204 Roof No. of Stories ~e Exterior Walls Br/Vi=~l Crawl Space No % Finished Part Ceiling Type(Det./A~.)Detached Roof Surface C~osit :Basement ~11 Ceiling Insulatio Walls Design (Style) ~ch Gutters & Dwnsms Al~n~ Sump Pump None Walls D~a11. Floor Exi~ing~roposed ~Bt~q Window Type Dbl.~n~ Dampness Non~oted Floor C~crete None Age (Yrs.) 21 Storm/Screenshot1 Se~lement Non~ote~ Outside Entry Yes Unknown Effective A~e (Yrs.) 6 - 8 Manufamured H~S~O Infestation Non~ote~ ROOMS Foyer L[vinR DininR Kitchen Den Family Rm. Rec. Rm. Bedrooms ~ Baths Laundry Other Are~ Sq.Ft. Basement i Stq. 1~ 20& Level I i i~ea i i 3 2 1 1,~80 Level 2 Finished area a~ve ~rade contains: 6 Rooms; 3 Bedroom[s); 2 Bathls); 1~ 480 Square Feet of Gross Livin~ Area INTERIOR Materials/Condition HEATING KITCHEN EQUIP. ATTIC AMENITIES CAR STORAGE Floors Ca~et/Avq Type Saseboard Refrigerator ~ None ~ Fireplace(s) 8 ~ None~ Walls D~a11/A~ Fuel Electric Range/Oven ~ Stairs ~ Patio Conc/2 Bric~ ~ Garage g of Cars Trim/Finish Wood/A~ Condition Average Disposal ~ Drop Stair ~ Deck ~ Attached 2 Bath Floor Vin~l/A~ COOLING Dishwasher ~ Scuttle ~ Porch Front ~ Oetached aathWain~ot F~erglass Central Yes Fan/Hood ~ Floor ~ Fence ~ Built-in Doors 6 Panel/Arq Other None Microwave ~ Heated ~ Pool ~ Carport Condition Average Washer/Dryer ~ Finished ~ Coal Stye ~ Driveway 4 Adverse environmental conditions (such as, but not limited to, hazardous wastes, toxic sub.encee, etc,) present in the improvements, on the site, or in the immediate vicinity of the subject property: There are no visible or apparent adverse enviro~ental conditions that ~uld negatively ~ac~ the value of the s~ect. S,,~ Appraisal Report MCS, a Division of ACl Development (800) 697-7783 Page 1.1 Fannie Mae Form 1004 6-93 MARK E. HILBERT & ASSOCIATES V~lu'at~on ~ection UNIFORM RESIDENTIAL APPRAISAL REPORT File No. 72-02M1 ESTIMATED SiTE VALUE ........................ = $ 30,000 Comments on Cost Approach (such as source of cost estimate, site value, foot calculation and for HUD, ESTIMATED REPRODUCTION COST-NEW OF IMPROVEMENTS: square Dwelling 1,480 Sq. Ft. @ $ 49.15 = $ 72,742 VA, and FmHA, the estimated remaining economic life of Basement 11204 Sq. Ft. @ $ 12.50 = 151050 the property): In reproduction cost of Porch/3 Patio/Coal Stove. = 6,000 improvement, Marshall & Swift Handbook Garage/Earport 460 Sq. Ft. @ $ 16.35 = 7r521 and local contractors are referenced. Total Estimated Cost New .................. $ 101,313 Physical External Less 04 % Functional $ 4 ~ 052 Depreciation 4,052 I = Depreciated Value of Improvements .................. $ 97,261 "As-is" Value of Site Improvements ................. $ 2,400 INDICATED VALUE BY COST APPROACH ............ = $ 129~ 661 Re~ainin~ Econcatic life 30-35 Years ITEM I SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 1751 Mountain Road 1456 Mountain Road 17 Cold Spring Road 84 Green Briar Road Address York Springs~ PA IDillsburg, PA Dillsburg, PA York SpringsI PA Data and/or C · P.M. L. C. P.M. L. C. P. M. L. V~rification Sources Inspection Agent Agent Agent -~. VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION ~(-)$ Adiustment DESCRIPTION +(-)$ Adjustment DESCRIPTION +(-)$ Adjustment Concessions ? ??i? ?!??!? ?:?:? f :':':'!'F'(:'::::,':::'?::':' f ? f T:r' Conventional Conventional Conventional Data of Sale/Time 10-26-01 10 -1-01 10 -10-01 L0catio. Average Average Average Average Leasehold/FeeSimple Fee Simple Fee Simple Fee Simple Fee Simple site 0.925Acre/Avg 4.14 Acre/Arq -10,000 0.81 Acre/Avq 1.0 Acre/Avg View Average Average Average Average Design and Appeal Ranch/Avg Ranch/Avg Ranch/Avg Ranch/Avg Duality of Construction Brick/Vinyl Vinyl Vinyl Vin%rl Average , C0nditio~ Above Average Above A~.[. Above Av.~. +3 000 RoomAb°ve Gradecourlt 6T°tal ;drrn, ;aths 5T°tal ~Bdrrns2Baths 6T°ta' 3Bdrms/acths2 8T°tal ~Bdrms 2Baths Gross Livin~ Area 11480 Sq. Ft. 1,200 Sq. Ft. +41200 11232 Sq. Ft. +31700 1,152 Sq. Ft. +41900 Basement & Finished Full Partial +1,000 Full Full Rooms Below Grade Bed Roc~ Rec. Rm. Fem. l~m-Rec. Rm -2,500 Un£inished +1,500 Functi0.a~ U~iHty Average Average Average Average Heating/Cooling EBB/CA Heat Pump/CA Heat Pump/CA EBB/None +2,500 Energy Efficient ~tems None None None None Porch, Pctio. Oeck, Porch/3 Patio Porch/Deck +2,500 Deck +3,0001Deck +3,000 Fireplace(s)'etc' Coal Stove Woodstov. 2 Fireplac.. -4,500 Woodstove Fe"ce' Po0~ etc. None None None None None Jacuzzi -1,500 None None $ [-~- 19,900 C~ar~l~les chosen ~re the best closed salas avail~le within a reason~l~le distance of the subject. Subject is on well/septic which is typical of the neighborhood and does not adversely impact marketability. The lack of storm sewers, curbs, gutters, sidewalks, and/or street lights is typical of the neighborhood and does not adversely ia~act marketability. The property's heating, plumbing, and electrical systems appear to be functioning properly to the best of the appraiser's knowledge and expertise. iris noted that co~arable No(s) 1-2-3-4 is/are more than three miles for surburban location It is noted that the price per sc/uare foot of gross living area for comparable No (s). 1-2 varies by mmre than $10.00 per square foot c~=~ared to the subject. The core, arables chosen are the best available. The vacant land in the area is changing to single family and does not have a negative effect on the value. I am unable to verify the insulation 'R' factor. The presence of UREA-FOP/~T.~EHYDE FOAM INSOLATION could not be determined. If UFFI is present, the appraisal market value may be adversely affected or voided. Any information about insulation stated on the appraisal was provided by inspection, owner, or agent, and is assumed to he accurate. The appraiser is not aware of the existence of Radon Gas and/or Radon Daughters, and does not have the necessary equipment to test for the presence of same. If a future test shows unacceptable levels of Radon present, the appraised market value may be adversely effected or voided. MCS, a Division of ACI Development 1800) 697-7783 Page 2.1 Fannie Mae Form 1004 6-93 MARK E. HILBERT & ASSOCIATES ,Val{mti~on S~fion UNIFORM RESIDENTIAL APPRAISAL REPORT File No. 02-02M1 Please be advised that in the market data analysis grid, bathrooms are adjusted for on the first line and gross livlng area/room count are adjusted together as a slngle adjustment on the second line. It is noted that the net adjustment for cc~parable No(s). 3 exceeds 15%. This adjustment is larger than normal, but the com~arables chosen are considered the best available. Other c~,,garables analyzed would have required less desirable adjustments and were not used for that reason. All coa~arable sales are settled to the best of the appraiser's knowledge. Verification of settlement is with County and/or Realtor. ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Date, Pricea~Oata None None None None Source for prior sales N/A N/A N/A N/A w~thi,¥earofedpra~$a~ Owner's Deed C.P.M.L./Court House C.P.M.L./Court House C.P.M.L./Court House Analysis of any current agreement of sale, option, or listing of the subject property and analysis of any prior sales of subject and comperables within one year of the date of appraisal: N/A INDICATED VALUE BY SALES COMPARISON APPROACH .............................................. $ 130 000 Estimated Market Rent $ /Mo. The appraisal is made "as is" subject to the repairs, alterations, inspections ot conditions tisted below subject to completion per plans and specifications. Conditions of Appraisal :The appraiser assumes a marketable title and that all of the equipment associated with the {~rovement is in working order. Fina~Rec0nci,ation:The market approach reinforced by the cost approach is a good indicator of Fair Market Value. The fact that the seller is or is not paying any portion of the closing costs has no effect on this a~raisal or resale. The purpose of this appraisal is to estimate the market va~ue of the real property that is the subject of this report, based on the above conditions and the certification, contingent and limiting conditions, and market value definition that are stated in the attached Freddie Mac Form 439/Fannie Mae Form 1004B (Revised 6/93 ). I (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT, AS OF January' 4~ 2002 ¢~fi~-I~.~/~E~DAT~,~OF INSPECTION AND THE EFFECTIVE DATE OF THIS REPORT) TOBE$ 130~000 Signature .~'~~~____~~ Signature [] Did [] Did Not NarneMafk ~. Nill~ert w Name Inspect Property Date Report Signed J~..--~ua:r~ 28 t 2002 Date Report Signed State Certification # ~ 000388-1', State [3A State Certification # State Or State License # [~.~- 02 ~755-A State ~A Or State License # State Frl~ddie Mac Form 70 6-93 MCS, a Division of ACI Development {800) 697-7783 Page 2.2 Fannie Mae Form 1004 6-93 MARK E. HILBERT & ASSOCIATES SALES COMPARISON ANALYSIS File No. 02-02M1 The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dorlar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favorable than, the subject property, a minus {-) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus {+) adjustment is made. thus increasing the indicated value of the subject. ITEM I SUBJECT COMPARABLE NO. 4 COMPARABLE NO. COMPARABLE NO. 1751 ~untain Road 418 Little John Drive Address York Springs~ PA Dillsburg, PA Data a~:l/o¢ C · P · M ° L ° Verification Source Inspection Agent VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +{-}$ Adiustment DESCRIPTION +1-)$ Adiustmen DESCRIPTION Concessions Cash Location Average Average Leaseh0~dmeeSimp~e Fee Simple Free Simple Site 0 · 935Acre/Avg 0.30 Acre/Avg View Average Average Ranch/Avg Ranch/Avq. of C0nstruct~0n Brick/Vinyl Brick/Alum 21 22 Condition Above AVerage Above Average ] ,Ab°ye Grade Total I Bdrms Baths Total I Bdrms Baths Total Bdrms Baths Total Bdrms Baths Room Count 6 ~3 2 7 !3 2 11480 Sq. Ft. lt800' Sq. Ft. -41800 ,, Sq. Ft, Sq. Ft. Basement&Finished ~tll Crawl Space +1,000 Rooms Below Grade Bed Room Unfinished +11500 Functional Utility Average Average EBB/CA Heat Pump/C-A Efflciem ~tem. None None 2 Car Garage 2 Car Garage Porch, Patio, Deck, Porch/3 Patio Patio/Deck Fireplacels). etc. Coal St~ve Fireplace -2 ~ 000 None In Gr-Pool -4,500 None Cabana - 2,000 ............ . ............................................. ::[i::::?:~ ~ of Comparable .......................................................................... ~.:.: iii~iii!i~iiiiii?i?iiiiili!ii~!~i?i~iii!?i!~i, 134,2 0 0 i::iiiiii~iiii~iiiiiiiiiiii~iii~iiiiiii ..... ?:~:::':::¥ ..................................... Date, Price and Data None None Source for prior sales N/A N/A wiminyearofappraisel Owner's Deed C.P.M.L/Court House Additional Comments MCS. a Division of ACI Development {800) 697-7783 MCS Form UAC I"~ I I'l~l[~K Ul- ~U~.I~L; I Borrower/Client Hall, Galen & ps_me_la File No 02-02M1 State PA Zip Code $7372 , Prooertv Address 1~_51 Moun~'a~. Road City %'b~k Springs County~d~m" Lender Ca'fa A. Boyanowski Esq. FRONT REAR STREET SCENE Form PP1 Mark E. Hilbert & Associates MCS, a Division of ACI Development (800} 697-7783 I~orrower/Client Hall, Galen & P~e_!a _~Pppert¥ Addre..~s 1751 Monna's'in Road City Y~rk Springs ~.XTFRIOR OF SUR. IFCT File No. 02-02M1 State PA Zip Code ,17372 County ~lam. Lender Cara A. Boyanowski Esq. Form PP4 Mark E. Hilbart & A~sociatel MCS, a Division of ACl Development (800) 697-7783 COMPARABLE SALES , Bor, ro,wer~'C~;e-~t H&11t Ga!~n & Pamela File No. 02-02M1 ProoertyAddress E751 Mountain Road City York Springs County ARm~"= Lender Cara A. Boyanowski Esq. State PA Zip Code 17372 COMPARABLE 1 1456 Mountain Road Dillsburg, PA COMPARABLE 2 17 Cold Spring Roa Dillsburg, PA COMPAP~BLE 3 84 Green Briar Roa York Springs, PA Form PP6 MARK E. HILBERT & ASSOCIATES MCS, a Division of ACI Development (800} 687-7783 Berrow'~?Client File # Property Address City County State Zip Code Lender BUILDING SKETCH o~ Marysvilb LOWE M IDDL H A"',M MIDI DICKINSON 0 U 'T D D W A G H A N A East E M 0 X F ;/ Bonnon,~vi)~ P T / MARK E. HILBERT & ASSOCIATES File No, 02-02M1 Borrower/Client Hall~ Galen & Pamela Property Address 1751 Mountain Road City York Springs County A~ams Lender Cara A. Boyanowski Esq. State PA Zip Code 17372 ADDENDUM B APPRAISAL CERTIFICATION I certify that, to the best of my knowledge and belief: - the statements of fact contained in this report are true and correct. the reported analyses, opinions, and conclusions are limited only by the reported assu~mtions and limiting conditions, and are mypersonal, unbiased professional analyses, and conclusions. I have no (or the specified) present or prospective interest in the property that is the subject of this report, and I have no (or the specified) personal interest or bias with respect to the parties involved. my c~mensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. - the appraisal assigament was not based on a requested minlmumvaluation, a specific valuation, or the a~roval of a loan. my analyses, opinions, and conclusions were developed, and this report has been prepared in conformitywith the ~niformStandards of Professional Appraisal Practice and also requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. - the use of this report is subject to the requirements of the Appraisal Institute to review by its duly authorized representatives. - I have (or have not) made a personal inspection of the property that is the subject of this report. no one provided significant professional assistance to the person signing this report. (If there are exceptions, the names of each individual providing significant assistance must be as stated.) as of the date of this report, I, Mark E. Hilbert have c~=mleted the requirements un'er the continuing education programs of the Appraisal Institute. A review of this agreement of sales has been detemined that personal property items, and/or intangible items, that are not real property, HAVE NOT been included in the agreement of sale. Personal property items, and/or intangible items {{AVE NOT been considered in detemining the subjects estimated market value. NO YES 1. X 2. X 3. X January 4, 2002 Date The subject sold during the last year. Sale price $ Date The subject was listed for sale at the t/me of inspection. Listing price $ The subject was under agreement at the time of inspection. Agreement price $ Apprai~~ (X) Did ( ) did not inspect property Form FH5 MCS, a Division of ACI Development {800) 697-7783 MARK E. HILBERT & ASSOCIATES APPRAISAL REQUIREMENTS MANDATED BY FIRREA I certify that the appraisal conforms to the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation. The subject [] {is) [] (is not) listed for sale, the listing price is $ period of the subject property is · My estimate of the reasonable marketing If an approach to value was not used, the following is an explanation why it was not considered. Cost: Market: Income: n/a The appraisal assignment [] (was) [] (was not) based on requested minimum or specific valuation or on the approval of a loan, I [] (have) [] (have no) financial interest in the loan transaction and do not stand to benefit in any way from the value placed on the property. I [] (have) [] (have not) included a separate assessment of personal property, fixtures, or intangible items which are attached to or located on the real property. These items [] (do) [] (do not) affect the market value of the real property. Any creative financial or sales concessions that are known to the appraiser have been adjusted in the comparables of this appraisal. In performing this appraisal, I was not able to review the: Taxes (insert N/A if inapplicable) The above items should be obtained by the lender when reviewing the appraisal report. This appraisal was done with an "as is" market value. This is the value of the property in its current physical condition and subject to the zoning in effect as of the current date of value. I certify that I have t~he approp~te knowledge and experience that was necessary to complete this assignment. This appraisal report conforms to the Uniform Standards of Professional Appraisal Practice (USPAP) adopted b~ the Appraisal Foundation. The builder/seller is paying % points {$ ) and/or $ in concessions on the subject property. The following personal property, fixtures, and/or intangible items are not included in the appraised value but are a part of the sale of the subject property. ITEM ESTIMATED VALUE 1. Refrigerator $ 475.00 2. Range/Oven/Hood $ 525.00 3. Dishwasher $ 275.00 4. Washer/Dryer $ 400.00 It should be noted that the appraiser is trained in the valuation of Real Property, not Personal Property, therefore, the above estimated values may have dicrepancies from real value. Form FIL MCS, a Division of ACI Development (8001 697-7783 COPYRIGHT ~,985 tgt~l,~ GARY R, WEGI~;~YNOWICZ and PATRICIA A, WEGRZYNOWICZ {formerly Patricia A. C,.~ael), his wife, of York Springs, Adams COunty, Pennsylvania GRANTORS AND GALEN G. HALL. single ~,an, of Dillaburg, York County, Pennsylvania GRANTEE ........................ Dog,rs, his ~t~i*'~ ~m/~/F~, AL~ THAT CERTAIN piece o~ parcel of land, ai~uate on the w~e~ aide of Mo~n~atn Road, L.R, 6500~, in the Township of ~etimore, Coon~y of Adamo, Commonwealth of PennsyZvania, more particularly bounded andd~aeribed according to a final plan of lots Of Section ~-A of S~one Head ~statea p~ep,,~md by Jerry D. LaRge, Registered surveyor, 4ate~ A~ril 21, 1978 as £ollows, to wit~ BEGINNING at a~ iron pin on the dedicated right-of-way llne on t~e East aide of Mountain Road, L,R, 66001, at the coat, on lo% line of lots 13 and ~4 of the ~l'oresaid plan: thence along the common lot line of Lots No. ~3 and 24, South fifty-five (55) d~grees fifty- eight (58) minutes ~Or~y-sight (48) seconds East two hundred ninety and no hundredths (290.00} feet to an iron pin; thence a3ong other lands of Grantors South thirty-four (34} 4egrees One (1) minute twelve (12) seconds West one hundred fifty end no hundredths feet to a concrete mo~)umsnt on the dedicated right-of-way line of an unnamed ~t=eet; thence along said unnamed street No~th fifty-five (55) degrees fifty-ei~h% (58) minutes fo~t~-eight (48) seconds West two hundred sixty and no hundredths (2~0,00) ~eet to a point: thence on a curve to the right, having a tangent of thirty (30) feet, an arc of forty-seven and twelve hundredths (47,12) feet, add a radius thirty (30) feet along the right-of-way line of the aforeaai~ un- named street and Mount;'{.n Road, North ten (10) degrees fifty-eight (5~) minutes forty-eigl,t (48) seconds West to a point on the right-of-way line of the said M0ontain Road; thence alen~ the · ight-ef-wa¥ %ina of said M,~untain Road North thirty-four (34) degrees one (1) minute twelve (12) ascends East One hundred twenty and no hundredths (120.00) feint to an iron pin. the point and piece of ~ZGINNING, BEING bet No, 24 ~f th~ afor~,said final ~lan of ae~%ion 3-A of Stone ~oad ~$tates recorded .La A~ms County ~lan Book 21, Page 45. MARK E. HILBERT & ASSOCIATES File No. 02-021v1'1_ 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 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 reasonable time is allowed for exposure in the open market; (4) pay- ment 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 as- sociated 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 app~ raiser's judgment. 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 app- raised 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, express 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 con- tributory 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 presence of hazar- dous 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 know- ledge 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, express or implied, regarding the condition of the property. The appraiser will not be respon- sible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Becat~se 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 comp- letion, 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 instrut~entality 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. Freddie Mac Form 439 6-93 MCS, a Civision of ACI 0evelopment (800) 697-7783 MCS Form LC5 Page 1 of 2 Fannie Mae Form 1004B 6-93 MARK E. HILBERT & ASSOCIATES APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 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. If a significant item in a comparable property is super- ior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comp- arable, and if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a pos- itive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the est[mate 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. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are sub- ject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective per- sonal 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. I 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. 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 did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and pro- mulgated 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 reason- able 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 stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as compar- ables 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. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on sig- nificant 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. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraiser 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 Certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 1751 Mountain APPRAISER: ~-~. ~ ...~/ ~ Name: ~,~: - E. gil~t ~ Date Signed: January' 28r 2002 State Certification No.: P,L 000388-L or State License No.: l~B-029755-A State: Pennsylvania Expiration Date of Certification or License: 6-30/03 Road, York Sprin.gs, PA 17372 SUPERVISORY APPRAISER (only if required): Signature: Name: Date Signed: State Certification No.: or State License No.: State: Expiration Date of Certification or License: [] Did [] Did Not Inspect the Property Freddie Mac Form 439 6-93 MCS, a Division of ACI Development (800) 697-7783 MCS Form LC5 Page 2 of 2 Fannie Mae Form 1004B 6-93 QUALIFICATIONS OF APPRAISER Mark E. Hilbert, CR.MA, ICA, GRI Broker Appraiser Education: Real Estate Pennsylvania Title Insurance, Harrisburg Real Estate Theory and Practice Real Estate Law Real Estate Math Real Estate Appraisal I Real Estate Advanced AppraiSal Standards of Professional Practice - Part A Standards of Professional Practice - Part B Market Extracti~ns Fannie Mae Review Seminar Professional Memberships and Designations: Senior Member - International Organization of Real Estate Appraisers American Fraternity of Real Estate Appraisers Graduate Real Estate Institute Candidate Appraisal Institute Harrisburg Board of Realtors Pennsylvania Board of Realtors Pennsylvania Association of Realtors National Association of Realtors Pennsylvania State Certification Number - RL-000388L Experience: C.M. Detweiler Real Estate Inc. March 1971 to April 1976 Stuard Derrick Real Estate Inc. April 1976 to October 1981 RE/MAX Realty Associates October 1981 to February 1986 Mark E. Hilbert a Associates February 1986 Real Estate Licence: March 1971 Associate Broker: April 1976 Appraising since 1979 Appraisal Experience: Appraisals for= first mortgage, second mortgage, equity loans, employee transfers/relocations, single family, condo. Cumberland, York, Dauphin and Perry Counties. Completed Assignments for: Banks, Savings and Loans, Mortgage Brokers, Relocation Ccm%panies, Trust Departments and Attorneys. Client List availeble upon request. Just T.H.E. Fax T.H.E. Financial Group, Ltd, 1 Kacey Court, Suite 201 Mechanicsburs, PA 17055 Phone: 717-766-4561 Fa:c: 717-691-3299 Company: ~a~: oq HID - q Dq ~ Phone: Date: r-/_ ~_ Oc~ # Pages (Including coy.er): I From:,_~t~ To view account datell,, cllck the Oel~i~ Ink. 4coeur: 6460:2§45 '~ex ~o,,~sN: 177-54-4684 , Of INASHING.T~:~ MUTUAL INVESTuR:$ FUND.CLASS THE tNYE ST'~=NT COMPANY NEW~RSP~C~ FU~C~S ~E N~ ECQN~ FUN~ Vlnlon~ AcceuntV.ll~ ~: $44,~,15 Total Value: $ 44,i~1L18 ITeachers Insurance and AnnaRy A~ociation Collide R~tirem~at Equities Fund Republ/c Plaza, Suile 200, 370 Sevenl~enth Street D~n~er, CO S0'202-5C:02 I,,,llh,,llh,,,h I,II,,,,,Ih, ll,,,h,h h,llh,,I PAMELA Y HALL 5145 E TRINDLE RD # J MECHANICSBURG PA 17050-3644 Iune 27, 200'2 Re: Verification of Deposit Request Dear Participant: I am writing in response to your request for information regarding your annuity(ies). II is my pleasure to assist you. You currently have the following annuity(ies): TIAA-.CREF Retirement Annuities TIAA-CREF Retiremem Annuities (RAs) and Group Retirement Annuities (GRAs) are designed to guarantee a lifetime annuity income or to pay a death benefit to a beneficiary in the event the participant dies before be~nning income. Cash withdrawals may be available, subject to the provisions cf the eihlaloyer's rmlrement plan. The following chart provides annuity value information as of lune 25, 2002. · ::: :~ ;:,ii i i ~::::~i:;:: : ::'::i:~ .::: : .:. :: : TIAA. RA Real Estate C920077-9 04/01/1999 Yes $831.92 CREF RA U920077-7 04/0111999 Yes $4-,562.12 TIAA Traditional accumulations will increase in the future as they are credited with addition~ premiums (if any) and interest earnings. The valu~ of TIAA Real Estate Contracts and CREF Certificates will increase or decrease in the fuvaxe depending on the investment experience of the underlying accomam in which the funds are invested. TIAA-CREF Individual and Institutional Services, Inc. Headquarters: 730 Third Avenue, New York, New York 10017-3206 Tel: 212 490-9000 I trust this inforraation is helpful. If you have any questions or require ~rther assistance, please contact our Telephone Counseling Center toll flee at ! 800 84-2-2776, weekdays 8:00 am to 11:00 pm ET, or weekends 9:00 am to 6:00 pm ET. Sincerely., SERVICE CENTER WEST FJAholdusA Ahold USA, Inc. 401(k) Savings Plan for Salary Associates Retireme; ~t Savi ent June 7, 2001 - June 25, 2002 #BWNFXTG PANELA Y HALL 51~S E TR[~DLE RD APT J HECHANZCS~URG, PA t7050 ENV~EG0002B3 MG 35846A ~' For iniormatio~, aboui ~ur account or for questions about this ~tatement, you carl c~ll the t~ll-free number at Your Account Summary Beginning Balance $0.00 Your Contributions 3,684.13 Employer ContribUtions 832.50 Fees -0.70 Change In Market Value -$9.15 Ending BManee $4,456.78 Additional In/~,'/.ation ~ Vexed Balance $3,966.19 + Dividend & J['~terest ~29.$0 Your:Per'nat R&~,~ of Return This Period -3.8% Year to Date -2.1% Your Pers~.qal ~eAe ~' Ret~m is cal~lated with a f~mula, wid~y us~ by tin~clai a~s ~ ~lata Inv~em e~bgs II re~$ ~e r~ulls of yo~ in~a~ent ~lec~ons as wee ~ any ~t~i~/i~ ~ ~ a~oun~) shown. ~re Per~ R~e ~ Return formulas used ~ may ~e~ re~l~. Your Asset Allocation Stocks 79% ~}ond= 2 i % account is currently aliocaled among ~he aSset cla~ses specified above. Percentages and totals may nct be exact due Market Value of Your Account Displayed in If~ sect~n is the value o~ your ao=ount fo~ the statement psriod, in bo[h sba'es an~ dollars Sherea o~ Sheree on Pri;e on Price on Market Value Investment 06/06/2001 ~/25~ ~1 ~/~2 ~06~ F~e]~ ~ui[y thc 0.0~ ~ 8.~0 $54.31 ~44.62 0,00 F~eli~ L~ Pr Stk O.O~ 33.391 $26.89 $28.79 0.00 MSIFT Vabe Adviser 0.0~ 30.101 $16.~ $13.72 S~an US EQ Index 0.0~ 11.472 $45.09 $~.54 0.~ 84t.~9 961.33 396.24 Please r~d ~hl$ statement carefully. Any e~r~r must be reported ~ Fldei~ty fnv~stn~ents wilhin go days. "~)28~ MG000285 00(~1 ;~0020827 MC-.4K Fidelity' Investments, P O_ B~x 7 ' ' 70003, C~nclnnati, OM 45277-0065 Pe~= ; of 6 Ahold USA, Inc. 401 (k) Savings Plan for Satapj Associates Statement Period: 06/07/2001 to 00125,'2002 Market Value of Your Account (continued) Shares on Share~ on ~ce on ~ on Mmket ~al~ ~et value 0.o0 ~.al -~-~i: ~ ' ~'~' - '~ "~ Re~er lhat a ~vi~nd pa~t to fund ~hamh~lders reduces ~e s~are p~e of ~e peri~ ~ not n~e~se~ily re~ecI I~er ~ p~. tu~, ~ a ~ri~ in ~ sha~ prm for ~ ~l~enl Your Oo~lri~uIion El~cIio~s as of 0~/2~/2~2 ~is ' se~ d~a~s ~e funds l~ ~ic~ ~m ~e c~t~bu~ ~ ~ i~e~d F~e~ty Low Pr Stk 2~ 20% Man~ B~d Fund 2~ 20% MSI~ Va~e ~viser 1~ 10% Spa~ US Eq index t~ 10% 10% 1~ 10% A~ ~ny Year ~ D~e $2.019.13 $~2.~ Vested Percent 100.00 ill 40.00 Account Activity bY Source Use Ibis section a~ a summary 3~ transactions fi)at occu~ed In your aocount during Ihe statement period. Activity Ass~L;te Company Vo~l~Mrv Beginning Balance ~ . ~.~ ~.~ Y~r Co~tri~s 3,6~. 13 0.00 3,684.13 EmPbver Contrib~ns 0.00 832.50 ~2..~ Fees -0.58 -0.12 -0.70 Ch~ In M~ Value -44.42 ;14.73 -59.15 End lng aNan~e ~,639.13 $817~5 ~,456,~ V~sted P~entag~ 100.00 % 40.00 % Vesled Balance $3,639.13 $327.06 $3, g66.19 Div~end & line,est $27.67 $2.13 $29.80 0283 MG0002,33 , II 0001 20020627 ~iG4K , Fidelity Investments, P.O. Box 770003, Cincinnati, OH 45277-0065 - Page 2 of 6 Ahold USA, inc, 401(k} Sa'br~gs Plan for Salary Associates Statement Period: 06/07/2001 to 06]25/2002 Your Account information If ~nformaUon batnw is incorrect, please contacl your Benelits Olfic~. General Informati~l Participant Status Active Dlv~ion 406 Employee Number o~ Defe~als Associate Voluntary 6% A Message From Ahold USA Starling next quarter, you will receive your quarte~y participant ~tatement online through NetBenefits. An annual printed s+,atemen! of actMt¥ will be sent to you at the end of each year. It you do not have access to the internM, or if you prefer to contin-e ~ eceiving your quarterly statement through the mail, simply call 1-800-249~015 to ~hange your statement election or Icg or1 to NetB~netits at www,401k.com and change Four elecliOll within the "Mail Preferences" under the Savings tab. Fund Performance A summery of investment performan~;e of all funds available in the pl~q. Funds you c~m are mar~ed wiU1 an asterisk. I Cum'utat/v'~* I An.uafT. talFteturn, l Aven~.AnnuefTemlRe,urn~asoro3~J1/=tte21t~ep,lor,' Fidelity Divers lntl' 8,10 8,34 -12.99 -8.96 50.65 1.04 5.90 ~.18 11.43 ~0.~ Fidelity _Equity I~ 0.70 0.06 -5.02 8,54 7,15 4.80 3.82 10.39 13.77 13.81 0.~h 6/1966 Pide§ly C-i~w & Inc ~3.05 -4.48 -9.36 -1,98 10.42 2.~0 -1.00 10,32 13,55 15.89 12r30/1985 Fidelity Lm~ Pr $tk' 8.70 g.77 26.71 1&,83 5,CS 30.40 ~2.! 1 18.51 17.38 18.50 12/27/1989 FI4ality ldage#an .3.4.O -8.05 -11,65 4).29 24.05 -(3,76 -3.07 10.72 12.80 20,35 05~2/1953 Ja~us Twenty Fund -7.73 -13~ -20.20 -32.4~ 64.G0 -11.48 -15.44 10.49 12.0~ 14J~) 04/28/1985 Ja~u~ Woddwld~ -1 ,~¢, -7.09 -22.88' -16.87 64.37 -7.72 ~1.73 8.43 13,48 14.56 06/16/1991 LdAbb~'t Day Grth A 0.49 -5.79 `8.~8 -1759 38.16 12.75 1 44 9.07 12,20 11.37 10/10/1973 MSIF¥ Value Adviser* 1.46 0.39 4,27 23.20 -2.34 9,54 10.00 8.95 N/A 12.22 07h7119~6 Sl-'~tan U~, Eq Index* ~3.29 -6-b-7 -12_05 -9.18 20.86 0.04 -2.69 g.98 13.02 13.54 II~rkst ladiee~~' 02/17/1988 S&P 500 Index .3.25 -5.50 -11.89 -9,10 2:1,04 0.~4 -~,53 10.18 13.Z6 N/A World index 1_02 -2.91 -16.82 -13,18 24.93 ,4.24 -4.39 5.38 9,02 Fid Free, em ~000 q3.O9 -062 -0.0~ 3.98 12-$6 3.21 4.47 9.20 N/A &8~ 10/17f10~ Fid Freedom 20iO -0.4a -1.75 -4.34 0,67 10.04 2-31 3,48 10,39 NrA 9.99 10/17f19~6 Fid Freedom 2020 -o.go -3.34 `9.07 -3.03 25.31 1.12 1.99 10,38 N/A t0.0~ Phi Freedom z030 -1.07 -4 ~.2 -11.60 -8,07 28.~3 0.25 O.~ 9,B1 N/A · 9. B4 ~0/17f1~ Fid F. reedorn 2040 -1.13 -4.74 -13.50 NtA N/A -0.40 N/A N/A NiA -15.80 Mortal'jarl Bond Ftmd~' 1.34 2,48 8.~ 0.70 L00 5,47 6.30 N/A N/A 644 09/02J1997 Market Dow dorm~ Index -1.36 -0.24 -5.39 -~.71 27.13 7,23 3.75 11.42 t4.79 N/A Upper Baten,~e~ Fund irlclex -O,31 .I_86 -3.24 2..39 898 2-4~ 2.25 8.40 9.73 ~- Past per[~'rnanc~ i~ no guere~ee of ~JlLIre results. Total returns ,&ce hJstori~aJ ar,d ii~c%de the cha~ge irt share value and reim/estm~,'~t of dl~kfen~ and capital ~irl distribu§ons, If any. Cumtdative returns are reported as of Ihs peri,ds shown. Li~ ~f fund ligures are trorn commencemen! d~te to 1he perl~x:l show,~. Due to regulatory mquimmenf~ Ihs average a~lnaal tota~ returns are reported a~ of the m~,t re~ent calendar ClUel't~r f~[ c,ofllrlOU.~Orl,S macle ttlrough your co~P, pany s employee bene~l plan. If sales charges ~A,~re iacluded r,~l~rn~ wo~'~i haw been I~-,~ s~..r~m..F~,.,m~.._(.e_{[.o~_ ~p~, _.m~r;ey.m'z~k, et ~unds), yield, end return wlit vary, and you ma~ have a gafn or cie when you sel~ your ~h aYe-s'~ ........ r~..~.{), ~w~a[.~ ~ruemellonat sssessas a s~o~t-term tradb~g fee of 1 01~',~ tar shares held la, ss Iha~ 30 days. Fidelity Low-Priced ~Btook Fund assesses a short-term t~&~irl~ fee of 1 50% f~' shams held less #lan g0 da~s M°lga~ Sta~te¥ In~§~ttena[ Fund Trust Value Ps.folio - Adviser Class was formerly known as MAS Value'P~llf~lo - Adviser Class. 0283 MG000283 0001 20020627 MG4K ' Fidelity Investments, P,O. Box 7;70003, Cincinnati. OH 45277-0065 Page 3 of 6 Ahold USA, Inc. 401 (k) Savings Plan for Salary Associates Statement Period: 06/07/2001 to 06/25t2002 Fund Performance (continued} ~y ,~.nds ?e, .men,aged ~y ,non-Fide;ity sn~as. Please con suit ~a prot, pecKis, lsct sheet or Su P an Descr tlon iq' · IraPp.a?~?la, o~?ss o; snares may vaty. PleasecormultyourPlandocumml~:3nfor~r~s ~ ~) . ,more plan. Pe~orman~e ~nforn~atien for non-Fide~ funds w ~ ;,a,.~ ~... ,~..~ ............ ~ . ct. aa, s of shares available ~rough Fidelity Is ternporarll¥ relmbur~lrg a per,on ol Spartan U.S. EquRy Index Fund's expenses Absent such reimbursement, returns wc=JtCt have been Ioleer. The Morgan S~mnJey Capital Inlernationr~t W~'Id In~x (~o~ld Index[, is an unmanaged ~:i~x ~ovar 14GO deme.e, fdc and t~ra~ n . * The S&P 500(R) Is a registered service mar'(( of The Mc~'aw-Hffl Companies. Inc., and has been ilcensed for usa by F~dsl[~ Di$~'lbu~rs The Dow Jones I~lclust~ Avmrag~ relnveatment of div~ends, i donas) ~s a~, unrnancgae mclex o~ cornmop stock~ al the 30 major mdustded companies and assumes make ~r In~ment on~& Pt~li I ' . ~ ~e~y ~fore ~ nve~ants b~utl~ ~s ~y, In~ 82 De~h~ ~e~ ~s~n MA 0~1~. A Message From Fidelity You've heard the expression. "Donl put alt yOur eggs in one bas, et" Well that saying also applies to inveshn Diffe c asses (stocks bonds and shore-term investments~ re~d .~a-::-,,_ ,_' .......... ! g. ' ran! asset be riSing, another may be falling. DlVeralf cation across asset classes spreads your risk across a variety of financial I potentially reducing the impact that any One investll, lent iS likely tO have on vd=i; overall ,,ortfc, U~ T~^ ~: .-. ::: .... ~?~ es,.tments. investments among the d~fferent a~sel classes I~ to employ an Investrnent strategy called a et allocation'. So check your asset allocation today to make sure you are ~Jffiotently diversified. DJversitlcatk)n does no! en~ure a profit or guarantee Gi300283 000~ 20020627 MG4K " Fidelity Investments, P.O. Eiox 770003, Cincinnati, OH 45277-0065 Page 4 of 6 Ahold USA. Inc. 401(k) PI~ for Salaly ^ssociams Fund Notification Messages S~al6ment Pert~d: 06/07/2001 to 06,~25/2002 irFiydeity Freedom Fu,'~cls(RJ provide asset aJ ocation f~, nvestlng in o~ RdNi R s~k. ~ e~ hc~ he Fid~i~ HI-h Ir~- c..~ ~,. _. ,~ ...... ~( ) . no ~d mo~y ~rket funds. As ot /1~ ~ ~cate ~ h~gl~ld ~nds ............... . .m ~m ~un~ except ~or FI~iw Fr~dom '~ Fund/Rt .~,?~se Fidelity tr~vestments, p 0 I~_~,4 770003, Cincinnati, Oil 4527742065 P e..cje 50f6 Ahold USA, Inc. 401 (k)Savings Stalement PerioO: 06/07/200 ! to 06/25/2002 Plan for Salary Associates Your Statement Glossary Average Annual Total Return This ia t~e hypornatJ~ai rate of m~m, ~t If ~ ~ves~e~t ~on a~ie~ it ~er a y~r's ~. w~ p~ ream If ~e Inve~enl option ped~ed ~ns~ste~ over ~e entire p~. A tot& mk~rn is e~ressed in a ~men~ ~d ~fls you h~ ~ch ~e i~t has ~r~d or lost ov~ fi~, as~m~g th~ a~ ~vi~ ~d ~i~ g~ns are r~nv~d. ~ c~ [n~[ue ~fl~ts ~a~ns In the p~ ~ ~e ~ ~ I~es~nl opaon ~se of ch~ in the r un~Hy~g ~mu~Sve T~I Return ~is ~r tells ~ ~ invee~e~rs ~F~ ~ Ior a caren p~od of t~. R ~t~ return is expense ~ m~ money y~ nave e~n~ ~ ~o~ ~ an m~menl over time, ~sum~g ~t ~1 ~nds and c~t~l gains ~VI~s In ~e in~l op~s ~ y~r pl~. im~u~ mutu~ ~S and c~ st~k (~ ~E~) dlvU~ds am m~ey ~ ~ sh~eho~ers · at ~ ~*~. ~he ~n~es~nt ~co~ ~ ~e ~und has ~d. ~n~ on :ha ~es of your pl~. ~vi~nds m~e~ ~b your mUre~t a~unt or pad to ~u ~ ~, ~ket VaI~ M~et Vabe ~ ~a ~lar v~ue of the in~s~ in y~ ~o~[ You c~ ~cula~ ~ ~ value by usi~ ~e ~ng ~o~u~: M~t Va~e - Nu~r of ~s In ~ ~ x ~e per share of ~ ~s ~ your u~ts of ownership of eab~ b~vas~tent in yo~' ac~unC Share ~ ~ v~ue of ~e she~ of ea~ Inves~t in yo~ so.ant is ~led s~ pdt. It b ~t~m~ by ~ ~e ~1 va~e ot ~e whole in~s~l option on a ~ven ~y ~d d~v~g it by the n~et ~ s~res o~s~ng. V~llng V~t~g m~;s ~ ~ ~ ~ own~sh~ ~ ~mpany ~n~8~s a~ ~y ~s~d e~hgs. When the ~y ~ ~um:~t msi~s in ~' a~t, un~r y~; n~. Th;~ ~y b~s ~lv vows o~e ~, have =~'~ e; ~ur pl~. ~u ~ ~w~ enflS~ to 1~% of your ~b~ ~d ~y a~~s. ~ ............... Asset Allocation tn~$lrnenls oan be dlvidedlnt~ Ihr~a m~, asset ~ses; ~ ~m~t ~es.~f unde~lng;~e; t~ ~y be mves~nl op~oni;l you ~. Plea~ n~ ~al you may a blen~ ~ ~e~ ~e ;und h~ngs ~e In~est~ ~ ~re lh~ one ~set ~s. r~m~m owne~ or e~l~ ~ e comfy. ~ks p~nfi~ to o~orm ~her t~; M ~s~ over ~ ~ng te~. H~ver, s~c~ ~nd to h~e w~ ~ ~afi~s over s~ p~io~ of fl~ ~n other se~es, · gon~ re~e~n[ a I~n ~ a ~o~ota~n ~ ~v~nt A~noy, and pr~e ~e o~o~i~ fm higher c~rrent l~me ~ she-term inves~m~. U~Ilke ~-~m ~ve~ments ~d ~ ~lua in~m, ~d ~ces fl~ wi~ ~s In int~est + Sho~ Term Sho~ te~ ~wstm~ c~ add s~b~ ~ y~r po~. provide ~r~nt ~me end ~ek to pm~we ~e va~e of y~r ~n~s~[ They ebo m~d ~ prov~ ~he ~we~ returns owr ~fl~les 0f d~0~t (CDsL Treas~ B~is ~ Money M~et A Market index can measure ~e genera trends In ~; p~e ot P~ m~t se~. y~ ~ use ~he appmp~te ~ket to o~p~ ~ ~oe (Av~e Annual ~m) ~ the ~ you're I~e~d. · Sm~rd ~d ~'s ~ ~ ~ ~ ~r~es a bro~ b~ ot 5~ s~. ~clu~ ;n~sb~, uaa~, a~ ;na~ia ~m~. ~ of Its ~ ~ mo~e ~mo~. I ~e comp~ms ~ ~ke up the ~&P Excha~, as ~1 ~ ~ Over-~e-~nt~ · Lehmm Br~. A~a~ ~d Index 10 ye~. · ~ ~y EAFE~d~ ouls~e ~e Unl~ ~e and ~n~ T~ M~I EAFE index l~ a m~er~ se~ce ~ ~ ~ S:~ley and h~ II~d ~ usa by FMR Corp. npRR MG000283 ' 0001 2O02oe:~? MG4K ' Fidelity Investments, P.O. Box 770003, Cincinnati, OH 45277-0065 l tl lllillllIIllllllllllllilftlllllilllllallII 1 !~1t lift I~l III ~11 III II Illlll BI IIII II! II lB III1 II~I II II Page Hartford Life Hartford Life and Annuity Insurance Company 505 Highway 169 North Minneapolis, MN 55441-6400 POLICY NUMBER 101 LU0955779 POLICY OWNER GALEN G HALL 1751 MOUNTAIN RD YORK SPRINGS PA 17572-9790 Year Ending Policy Date NOVEMBER 29, 2001 ANNUALREPORT NOVEMBER 28, 2001 NOVEMBER 28, 1988 INSURED GALEN G HALL CURRENT DEATH BENEFIT 120,000.00 Pleaseseepage2 ~ranyadditionalcoverages. SCHEDULED PREMIUM 102.50 QUARTERLY This report summarizes the transactions that have occurred in your account during the past year. After reviewing, please place it with your policy as your record of the status of your policy. We are very pleased that you have chosen The Hartford as the company to provide you with this valuable coverage. That decision by you is especially important when you know that you are with a company that distinguishes itself in the insurance and financial services industry. The Hartford offers safety, security, financial strength and product innovation. As a member of the The Hartford Insurance Group, you have a 180-year history of growth and stability behind you. We are also proud of the services that are available to you from your Hartford agent and from our Customer Service Department. Servicing your needs is our way of thanking you for placing your confidence in us. We will be here when you need us. CUSTOMER SERVICE 800-833-5575 Page I of 4 Mlohallloebllg, PA 17065 wwv/.momb~l~t, org MII~/~ (717)697-~6~ or(800)283-2328 CII-~: (717) ~7..4372 or (800) 283-4372 Dl~.~.l.~m~ (717) 79~-~053 ~r (800) 723-4~. Lel~. (717) 79~040 or (~00) 283-23~$ ext. 6040 'l'lll~l'~ (717) 7~ or (800) 237-7288 9floeh:tm~md: (~17) 697-B312 or (800) 263-2326 ext. ~312 (717) ~ O~ (e88) ~ ~ II)lp~ (717) 7g~-6026 (31' (800) 2~3-2326 ext. 60~6 JOIN US IN CELEBRATING CREDIT UNION DAY, OCTOBER 21STI STOP BY ANY BRANCH AND SEE HON HE'RE HARKING THIS SPECIAL EVENTI OALEN O HALL 1751 HOUNTAZN RD YORK SPRTNOS PA 17372-9790 Total Banking Statement OALEN G HALL PAMELA y HALL 1751M 0 UNTAN RD YORK SPRIqOS PA 17372~790 Relationship Overview ~.~k ~---~-~_-~.'~ ~--:-:-~. ln.te~t Ch~;r~. 51-404:5-7216 Savings 51-3039-2607 Total ~poMts Keep your valuables secure... A ~ U tk~out d:~:~3tm~ ~ p~ ku~ P Jan · ) c~m~"~- aa~ cg' fl:~-/3a~l el~l Ii ade ,.l~.,-t~, ~ ~o~.,~4~._ _3~~ :_.. -~t 2,469.74 ~ 815~4 Choice Plan Interest Checking Account Summary 2.373~8 3,61~;.03 3.518.77 2.469.74 2,722.57 .00 0.'75~ 27 2,76808 1.54 Total Banking Statement 3024 3025 33,'/5 07/21 ~ v ems ( checks b~ed ,ou~nv Zl~am wma, ~ 0 n~,- cwg/,,.,~*~ ~ Total Banking Statement Daffy Bal~n~ I~tall ~/Ol 2,2~ ~ 2,~1.91 ~'~ ~116 2,919.43 ~/12 2.71Z~ ~/19 2,~!.~ ~ 2.~ ~/~ 2,9S5.~ ~/14 2,ml.~ ~ ~43 ~ 2,~78 Savings Accou~ S~ma~ 8,613.~0 20Z24 8,000.00 815.$4 I 0 0 1 0 0 Intere~ &ummaty o o 30 1.~ 2~4 071~ 1~.~ O~ D~. ~ ~Z16 81 ~ ~ 8~5.~ PAMELA Y. HALL, Plaintiff GALEN G. HALL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERI,AND COUNTY, PENNSYLVANIA : NO. 02-188 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE INCOME AND EXPENSE STATEMENT UNDER RULE 1920,31 I hereby file the Statement of Income and Expenses required under Rule 1920.31 and verify that the information therein contained is 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.A. §4904, relating to unswom falsification to authorities. Ph6ntiff INCOME AND EXPENSE STATEMENT OF PAMELA Y. tL~LL~ PLAINTIFF Employer: Address: Type of Work: Payroll Number: Pay Period: INCOME Giant Foods, LLC 1149 HmTisburg Pike Carlisle, PA 17013 Risk Management 177-54-4684 Weekly Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security FICA - HI Local Wage Tax State Income Tax Retirement Health Insurance Dental Insurance Net Pay Per Pay Period $980.50 $165,13 $ 60.33 $ 14.11 $ 9.81 $ 27.25 $ 58.83 $ 3.55 $ 3.78 $637.71 Net Pay Per Month OTHER INCOME: NONE HOME: Rent Utilities: Electric Telephone Cell Phone Water Cable Television EMPLOYMENT: Lunch INSURANCE: Renters Automobile(s) AUTOMOBILES: Fuel (all vehicles) Repairs EXPENSES $2,763.41 $545.00 $ 80.00 $ 35.00 $ 50.O0 $ 25.00 $ 50.00 $ 50.00 $ 8.33 $ 35.00 $100.00 $ 50.0O MEDICAL: Doctor Counseling Dentist Medicine PERSONAL: Clothing Cosmetics and Toiletries Food Hairdresser Credit Payments Credit Card MISCELLANEOUS: Entertainment Vacation Gifts L~gal F~s Dry-cleaning Expenses TOTAL EXPENSES PER MONTH $ 15.00 $ 50.00 $125.00 $ 24.00 $150.00 $ 50.00 $20O.O0 $ 15.00 $100.00 $100.00 $150.00 $100.00 $ 30.00 $250.00 $ 50.0O $2,437.33 · S2£ PAMELA Y. HAI.I.~ Plaintiff GALEN G. I~ALL, Defendant : IN ~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02=188 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire. being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 26th day oflanuary, 2002, she did serve upon Galen G. HaH, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to him, by certified mail, addressed to 1751 Mountain Road, York Springs, Pennsylvania, 17372. The receipt for said Complain~ is attached. Said copy ofthe Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. Sworn to and subscribed before me this ~"day of ~x~. ~. ,2002 By:~ ~~' ara A Boyanowsld, ~squir~ Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff · Complete Iterns 1, 2, and 3. Al~e eem~ Item 4 If Restricted Ekdlvery is desired. "m Print your name and address on the reverse so that we nan return the card to you. · Attach this card to the back of the rnailpiece, or on the front If space permits. B. Rm~elved by (Prfntecl Name) ;. Date of Dellvm'y D. Is dellva'y ad~ dlffm'e~ h~m item If YES, entre' delivmy address I~ow: No 3. Se~,ice Type ,~Ce~tified Mail [] Expr~s Mail [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) 2. ArUcle Number PS F~ 381 1, A~ust 2~1 ~ ~ ~ 102595-01-M-2509 JAN 2 Postage Certified Fee Return Receipt Fee ru (Endorsement Required) r~ Restricted Delive~ Fee (Endorsement Required) $5.8% Postmark Here Total PoMage & Fees tSent To~.-, . ........................................ ............... City, State, I + 4 ' PAMELA Y. HALL, VS. GALEN G. HALL, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW : NO. 2002-188 CIVIL IN DIVORCE action. PETITION FOR ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND AWARD OF ALIMONY SUBSEQUENT TO THE DIVORCE ACTIO;! Petitioner is Galen G. Hall, the Defendant in the above-captioned divorce action· Respondent is Pamela Y. Hall, the Plaintiff in the above-captioned divorce 3. Respondent filed the divorce action on or about January 14, 2002· 4. This divorce matter has been referred to the Cumberland County Divorce Master for disposition. 5. Petitioner requests that his claims for alimony pendente lite, permanent alimony and attorney's fees be considered by the court in conjunction with the granting of the divorce action. WHEREFORE, Petitioner respectfully requests that claims in reference to alimony, alimony pendente lite and attorney's fees be considered in conjunction with the granting of divorce in this action. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: . Robert L. O'Brien, Esquire Attorney for Petitioner I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dirldomesticlhallalimony.pet I verify that the statements made in the foregoing Petition For Alimony Pendente Lite, Attorney's Fees and Award of Alimony Subsequent To The Divorce Action 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. Gale~] ~. Hall CERTIFICATE OF SERVICE I hereby certifi7 that on July ?>O, 2003, l, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Petition For Alimony Pendente Lite, Attorney's Fees And Award Of Alimony Subsequent To The Divorce Action, by first class U.S. mail, postage prepaid, to the party listed below, as follows.. Cara A. Boyanowski, Esquire 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Robert L. O'Brien, Esquire PAMELA Y. HALL, Plaintiff Ve GALEN G. ItAI J,~ Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-188 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AMENDED INVENTORY UNDER RULE 1920.33 Plaintiff, Pamela Y. Hall, files the following amended inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. She verifies that the statements made in this emended inventory are tree and correct. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. .fPamela Y. Hall, Pl~ntiff ASSETS OF PARTIES PAMELA Y. HALL MARKS ON THE LIST BELOW ITIOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON 'rilE FOLLOWING PAGES. () 3. () 4. (X) 5. (X) 6. () 7. () (X) 9. () () () () () () 10. 11. 12. 13. 14. 15. Real Property Motor Vehicles Stocks, bonds, securities and options Certificates of Deposit Checldng accounts, cash Savings accounts, money marke~ and savings certificates Contents of safe deposit box(s) Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) (x) 16. () (x) Employment termination benefits - severance pay, worker's compensation claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Aceount~ 20. Disability payments 21. Litigation claims (matured and unmatured) 22. Military/V.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other HALL v. HALL Date of Marriage - October 22, 1988 Date of Separation - July, 1999' MARITAL ASSETS Assets Wife's Husband's Difference Notes Value Value in Value Real E~t2t~ Marital Residence: $130,000.00 Pre-Marital Property. 1751 Mountain Road (Appraisal) Property appraised in January, York Springs, Pennsylvania $54,000.00 2002. (Marital : Husband purchased property in Portion) 1986 for $76,000.00. Marital property consists of increase in value of real ~roperty since 1988. No mortgage exists on the property. Retirement Aceonnts EBI $44,968.15 Retirement Account (date of 0 rffe) separation value) $46,309.71 (presently) TIAA-CREF (Borough Retirement) $5,394.04 Retirement Account (date of ( rffe) separation value) $5,582.75 (presently) MARITAL ASSETS AHOLD USA, Inc. $0.00 Pre-Marital Property. 401 (k) Savings Plan Wife's participation in account Giant Foods began after date of separation. Cvv~) Appleton Papers $16,094.00 Actuarial Value. Retirement Account (Husband) Appleton Papers 401 (k) Plan $64,894.46 Value of account as of (Husband) September, 2002. Appleton Papers Severance Pay $16,312.47 Husband received severance (Husband) pay on June 1, 2001. Husband deposited severance into joint Checking account no. 51-4045-?Z16. IRA Account $3,298.37 (Husband) Automobiles 1996 Ford Taurus $3,670.00 In possession of Wife. (Wife) No lien exists on this vehicle. 1986 Ford Bronco Proceeds (Husband) f~om sale: $200.00 Life Insurance Polity Hartford Life and Annuity Insurance Face Value: Value of policy as of Company $120,000.00 November 28, 2001. Policy No. 101-LU0935779 Cash (Husband) Surrender Value: $3,340.89 Bank Accounts Members First Husband: Balance of account as of Savings Account $98.15 August, 1999: $3,949.64. No. 112581 (Joint) Wife: $3,851.49 American Fulld$® PO Box 2560 Quarterly Statement ~, 2003 Januaw i-June Page 1 of 5 CB&7 CUST IRA/ROt. LOVER PAMELA Y HALL 5145 E TRIN~LE RD APT J MECHANIC£SURG PA 17050-3644 FiNaNCIAL NETWORK INVESTMEN? CORPORATION 5 KACEY CT $TE 101 MECNANICSBLI~G PA ~7055-~220 See how our o~dine tools can help you M~in~7 Thinking about invss~in~ monthly? W~ether you ws~t to ~han$e yoar address, make lEA ~ltr~utians ur any ~tbur in~=stmen~, aut enl~e too~ csn belp ~u do it. To see all ~e For more account iaJoIu~ation · Call your fir~ancial adviser · Automated information and san/ices American Fur~daLin~ ® - 8g~/325-359~ I Pemonal as:s~stance - 8 a.m ~ 8 p.m. Eastern ti~ Shar~hoEer So,ices - 800142~-018~ C, IB&T CUST ~,A/BOLLOVER PAMELA Y ~ The ¢m~h Fund of The New Economt gund-A New Perspectiw Fuad-A $MALL~F World The i.vestment Company 05 64602545 growth 423.702 $21.11 14 64602545 growth 453370 glS,BB 07 ~802545 gro~h 453,718 S1~ 87 3b 64662545 graph 16~ gs8 $2~,92 $~,493.39 C4 ~602545 graph & income 322.144 325 41 $8,185 68 Total S46,305,71 Your investmeut portfolio About the pie chart at left I ~ro~r~ 61. ~V, Each alice o/the pie chart represents' a r/po of ~und. A slice s',er~ds holding& The le:2ead to the right ofthe p;e shows the percentage of i American Funds January 1 -.June 3o, 2003 Page Year-to-date dividends a-nd capttal gakn .............................................................................................................. ~B&T CUST II~/ROLI.OVt~R The investment Com~ny of Am~ric~-A 04 Washington Mutual I~w~tor~ Fund-A 0~ ~4602545 $99.17 ~0 ~0 ~D 00 Tots I $182.57 ~. O0 $0.00 Transactions for .................................................................... CB&T CUST ~RAc~OLLO~R The Growth Fund of Amerlca - [~$nss A No a ctiv!~ thi~ psnolt 0GtS0/0S Ending share balsnce 42~.702 The New Econm? Fund - Cla~ A No acOv~ thi~ period 06/30/03 Ending ~hme balance 450,370 New Perspective Fund - Class A Fund number 07 Accou~l number ~4802545 Dividends and cap,ta~ §sins reitwe..t~,d No act~ tllb pedod 06/30/03 Ending share balance 5MALLCAP World Fund - Class ~ Fund number 35 Account n~mber §46{)254§ DMdends and c~pital gains reinw~smd No activi~ this period 0fi130,'03 Ending share balance Th; dght the]ce tbr the [or~g term American Funds* January 1 - June 30, 2003 Page 5 cf 5 The Inv~stmem Company of America - Class A Fund nuzabem 04 Divide~!C~ end ,:ap~al ~irts rebvesred 01/01~3 Beginning share b~iance 03/03~3 int~cm9 gwide*~d 0.13 ~1.¢3 $22.28 ~.880 320.510 06/06/03 income tg[vid..~d 0 13 ~1.67 $25.59 1.328 322~ 0~'30/03 Endir.,9 share bmanc.~ 322 t~ Washington Uotual I~v~st~r~ Fu~d- Class A Fond number ~1 D~vJde~s and cagitel gains reinvested ................................................................................................................... ~¢~7.300 0~/0!/03 Beginning share balance 03/28/03 lnccr~ DJvid,~d 0,115 $49.59 $22,~3 2,201 369.501 06~20~3 Interne D[~id~d ~.135 $49,88 $26,24 I .901 371.402 To add to your Lnvestment Make chack p=yabie m ¢$& TurCaphal Bank aad PO ~x 2560 No~folk V& 23501-2580 CB&T CUS~ ZRA/ROLLOVER PAMELA Y HALL ff iavest;,n9 ,'n a ~owfut~d, p.~eas,~ obtain a prospectus from yourfinanciul adviser Check total $ I IIlllillllilli)llll# AFl-OOOO73B2013 April 1, 2003 - ]une 30, 2003 I,,,llh,,lli,.,,hl.lh,,.il.lh,,h.hMIh.I ?AMELA Y HALL 145 E TRIN~DLE PO.3 # ) MECHANICSBURG PA 17050-3644 730 Th2rd Avenue, New York, NY 15017-3206 portfolio summary ~]~l~li_ll~_valtle a,~ of: Changes during the period: Coatributioas (~0~,31/03) Nvt investm.~nt gain/loss Ending value: total value .~ of 06/30/03: 85,582.75 You can receive your statements faster with e-delivery. Ju~.t 8o to www.flaa-cref.org/profite an~ log in wi~ your Us~r ID ~d password. ~m you can choo~ to rezcive yo~ Qt~nerty R~'ic~ s~t~mcms and ~her c~)r,~u~,mtions by ¢-rmil, If you'd like to mques,t ¢-de~ve~ of all ~-C~F docu~s as flxey become a~ffiable, just select "alt" your investment results & returns gains/losses gnins/Iosses value as of this_quarter this year 06/30/03 Equities CREF Stodk 183.42 139.66 1~9~ ~J CREF Grow th 88,32 8 l 72 __ ? 30 [ 9 _ _CR_ ~2r:.[rlU~7/tndex t4-5.59 1162t 1~52.7~ __.~L~IT.._Globa[ ~_~.,.ujtics_ 97 ~9 68.10 698,33 Real IE~tato T1AAReal Estate 14.74 26.38 870,84 Fixed Income CR.EF Bond Market 24.35 38,66 937. ~.9 $553.81 $470.73 $5,582~7~ to,al value as of 06~30~03 $5.5~.75 For rat=~ of ' ~tal t~mm or currem iutere~ ra~es for ali TI~-CREF accounts as of 06/30/03, refer m the enclos~ ~.r~ormnce care, asset allocation total value by asse~ class ~ Equities 68% ~_ Fixed Income 17% · RealEatate 15% To lransfer funds, visit oar Web Center o£ call our Autonmted Telephone Se:trice at $00 842-22.52. To create a personalized portfolio allocation, go to www.tiae-eref.orpdcalea or call 800 842-2776,. acco=ne values Retirement Annuities tIAA Real Estate $856.10 $8'70.84 (#, 856 un_irs ~_$_176 7._976_~ , c ~ $1,110.05 $1,29~ 47 /8 957 u. ni~: ~$123 9809 L__ CRE} Bored Mark=I $912,84 $937, 12 0 77, ut ~ts 71 6941 ......... (~.072 units @$~9,8_3L7~ CREF G~,oba/ Equitie~ $600,94 $b98.3~ account values (continued] a~ of Retirement Annuities CILEF Gruwth CP~EF Eqmty (12.337 untt~ @$48, 7102~) G 2.3 3 7 ~nit$ ~ $ 56.604 4 ) $641,87 $730.19 --. (12.107wut~42.4~3~ ___ $907.14 $1.052/23 _ j17.415 ~mi~ ~52.~950 L~.~15 u.i~g~60.4498, $$,028.94 $5,582.75 total valuo: $5,021~.94 for your information We reserve the dghr to correct clerical errors. Plea.se revie~v your stateinent promptly to ensure its accuracy. You can ahvays check your account information m~ our Web (?enter at v, av~.tiaa-~ref.org or call uS at 800 842-2776 if you lmve any clu~tion~. definitions l%~folio smnmary: a h,gh-level overview that totals all your retirement ¢oraracts logether and shows yea ho,,o dais value ;hanged from the beg:mag of dsc quarte to 06, 30. 0~, arid from the beginning of tee year to Net inve~tment gain/loss: the dollars ca.ned as a result of the performance ef year fimds invested across all the accounts, Asset allocation: a breakdown of how your total retirement portfolio i~ allocated across five major classes - equities, fixed income, real estate, money market and guaranteed. Effective date: the date Mnds begin participating i~ ~ investment results of the accounts. III [ll IIilill Ilth I I il Il Managing money jLr people Conrad M. Siegel, Inc. Actuaries/Benefit Consultants 501 Corporate Circle · P.O. Box 5900 · Harrisburg, PA 17110-0900 I~ON~ (717) 652-5633 · Fax (717) 540-9106 · www.cmsbenefits.co~n II JUL 1 0 Conrad M. Siegel, ILS.A. Harry M. Leister, Jr., F.S.A. Clyde E. GingxiclL ES.A. Earl L. Mummert, M.A.A.A. Robert J. Dolan, A.S.A. David F. SLiding, A.S.A. July 9,2003 Cara A. Boyanowski, Esq. Daley Law Offices 1029 Scenery Drive Harrisburg, PA 17109 Re: Pamela Y. Hall v. Galen G. Hall Dear Ms. Boyanowski: You provided me with the following information concerning Galen G. Hall: 1. Date of birth - November 3, 1956. 2. Date married - October 22, 1988. 3. Date separated - July 1999 (I assumed July 15, 1999). Accrued monthly pension as of May 16, 2001 under the Retirement Plan for Employees of the Harrisburg, Pennsylvania Plant of Appleton Papers Inc. - $564.30 to commence at age 65. 5. Benefit service as of May 16, 2001 under tlhe Retirement Plan for Employees of the Harrisburg, Pennsylvania Plant of Appleton Papers Inc. - 19.8. Currently, Galen G. Hall is 47 years of age (age nearest birthday). The Retirement Plan for Employees of the Harrisburg, Pennsylvania Plant of Appleton Papers Inc. is a defined benefit pension plan. The figure that is marital property for divorce purposes is the present value of the pension earned during the marriage. As previously indicated, Galen G. Hall had accrued a monthly pension as of May 16, 2001, of $564.30. Since this pension benefit takes into account service both before the date of marriage and after the date of separation, it is necessary to multiply by a "coverture fraction" in order to determine the portion of the pension earned during the marriage. The numerator of the "coverture fi'action" is 10.73 (the years from the date of marriage until the date of separatian) and the denominator is 19.8 (the years of benefit service as of May 16, 2001). Thus, the "coverture fraction" is .54 (10.73 divided by 19.8). The portion of Mr. Hall's pension earned during the marriage amounts to $304.72 ($564.30 multiplied by .54). Conrad M. Siegel, Inc. Cara A. Boyanowski, Esq. July 9, 2003 Page 2 The present value of a monthly pension of $304.72 for a male now age 47 with such benefit to start at age 65 amounts to $16,094. The present value has been determined based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuation~s. The interest rate is 4.3% per year for 20 years followed by 5.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining the present value. With best regards, Yours sincerely, HML:kad II 5/!5,'2003 03:45,56 PM ACCOUFI[ Workbook Account Info 35999211 - HALL GALEN G J236 CS1 4C HILLiP~r4D LYONS CU:-;T FOR C-.~ALEN G HALL ~A 1T~1 MOUNTAIN RD 'YORK SPRINGS PA 17372-9790 A,.Itc MMF 5weep - A!i Types PrirT~an/MMF - PIN P¢oxy DiSClOsure Mgn Inst iRA Account DIv~l Inst Hold Funds Ir~v~,t Obi 3,296,37 II II Account WoAbook Activity 35999211 - HALL GALEN G I HILL!ARD LYONS CUST FOP MMF ~IN II Blue Book Csec: Ca~ ~ alues Kett l Blue Book Th~ T~'u~'d Resource Blue Book Private Part~ ~eport Pennsy'ivania ' June '! O, 2003 1996 Ford Taurus LX Sedan 4D Engine: V6 3.0 Liter 24V Trans: Automatic Drive: Front Whoa! Drive Mileage: %22,000 Equipment Air Conditioning Power Steering Power Windows Power Doer Locks Tilt Wheel Cruise Control _B~u2/_a U~e_d__C_a _r _Pric_e O_u .o_te !.r_~m£> r~d _DJ em~,t · Fro_ e_Lemon Auto Loans from 3 89% Ap.R_ Insu r _apse_quota .F~a ~/.m en~ .~a lc_u ;_at o r Print "For Sidle" Sijn p~Le_v~f.T h i~ Car FIn~.t_h_s_~r ¢~ e~B:~y Hoto~$ AM/FM Stereo Leather Cassette Dual Power SeatS Multi Compact Disc Flip-Up Roof Premium Sound Rear Spoiler Dual Front Air Bags Alby Wheels ABS (4-Wheel) Consumer Rated Condition: Good "Good" condition means ~hat the vehicle is free of any major defects, The paint, body and interic, r have only minor (IF any) blemishes, and there are no major mechenical problems. In states where rust is a problem, this should be very minimal, and a deduction should be ~,ade to correct it. The tires match and have substantial tread wear left. A clean ~;_~tt~ hls_tpr~/. A "good" veh~c.e w h need some recond!tloning to be sold et retail; however major reconditioning should be deducted from the value. Most recent model cars owned by consumers fall into thi~ category. Private Party Value $3,670 Private Party value represents what you might expect to pay for a used car when purchasing from a private p~rty. ~t may also represent the value you might expect to receive whet, selHng your own used car to another private party. b. ttp:h'www kbb.co:pJkb/ki d:l/kw.kc.urr?kbb.PA;904353;PAO41&l?O50;sed;p&75!;F°rd;L" 6/10/2003 CLAUDE C. WOLFE & ASSOCIATES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1912 2009 LINCOLN STREET" CAMP HILL, PA 17011 717-761-2763 February21, 2003 Appraisal for Pam Hall 5145 East Trindle Road, Mechanicsburg, PA 17050 LIVING ROOM 2 Crocks Picture Rush seated chair - pre marriage Cheese box - pre marriage Nail keg - pre marriage Tin box Sofa & chair - Oak trim Oak coffee and two end tables Sunbeam heater Basket Lake scene picture - poor condition Picture of great great grandparents Spinning wheel - gift from parems Tic can - Fleischmanns - poor condition Old pressed back rocking chair Misc. live plants Misc. contents of living room 3 Drawer chest - pre marriage Old scales Picture of chickens Glass basket - not old Bicycle DINING AREA 5.00 1.00 20.00 2.00 2.00 2.00 300.00 110.00 3.00 3.00 15.00 40.00 225.00 3.00 75.00 10.00 25.00 65.00 8.00 10.00 4.00 30.00 CLAUDE C. WOLFE & ASSOCIATES AUCTIONEERS & ^??R^ISER$ FAMILY OWNED SINCE 1912 2009 LINCOLN STREET' CAMP HILL, PA 17011 717-761-2763 Hall appraisal Page 2 of 4 DINING AREA - continued Panasonic microwave School desk Father's Navy uniform Coat/hat tree 2 Daguerreotypes - poor condition - pre marriage Small bisque doll - from grandfather 3 Old bottles KITCHEN Misc. Tupperware Hand mixer Rival mixer Pots & pans - old Lantern with red globe - pre marriage 3 Bottles Saltines tin 2 Blue vases Tin lunch box Wire chicken egg holder - reproduction Brass spittoon Wooden chicken crate Cookbooks Cake tin - cover BATH Kenmore dryer - 10 years old Wooden drying rack - old Wash board - pre marriage 30.00 40.00 30.00 25.00 10.00 5.00 3.00 2.00 2.00 3.00 10.00 25.00 3.00 5.00 2.00 7.00 3.00 5.00 15.00 5.00 3.00 35.00 15.00 7.00 CLAUDE C. WOLFE & ASSOCIATES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1912 2009 LINCOLN STREET* CAMP HILL, PA 17011 717-761-2763 Hall appraisal Page 3 of 4 LANDING 3 Shelf heart shaped stand McCoy green vase Wall mirror - gift from parents MASTER BEDROOI~. Mission Oak book stand Depression glass container Oak dresser Boudoir lamp Jewelry box Misc. old hats - pre-marriage Child's rocking chair - pre-marriage Nail keg - pre-marfiag, e Rug beater - pre-mamage Teddy bear - Boyd's Plato stand - pre-marriage Wooden box Cedar chest - pre-marriage Misc. live plants Marbles Misc. contents of bedroom BAT _ Straight razor Shaving bowl Razor and box Shaving brash Cobalt blue eye cup 3.00 8.00 10.00 60.00 8.00 135.00 6.00 20.00 5.00 10.00 2.00 15.00 20.00 8.00 3.00 45.00 2.00 10.00 15.00 3.00 3.00 2.00 3.00 5.00 CLAUDE C. WOLFE & ASSOCIATES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1912 2009 LINCOLN STREET · CAMP HILL, PA 1701 717-761-2763 Hall appraisal Page 4 of 4 Oak jewelry armoire Ironing board Electric iron Small chest Cradle - pre-marriage Rocking horse - pre-marriage Luggage Basket with artificial flowers Misc. stuffed animals Cast iron chicken door stop Clear glass table lamp Misc. contents of bedroom SPARE BEDROOM 70.00 1.00 1.00 10.00 5.00 25.00 20.00 5.00 5.00 1 ;00 2.00 10.00 JEWELRY Diamond(16 chips) pendant on 14K yellow gold chain Sapphire pendant on a yellow gold chain (4) Gold rope bracelets Diamond chip tennis bracelet - very small diamond chips 14K yellow gold ring with blue Topaz 8:10 diamond chips Seiko wrist watch - 8 years old Misc. costume jewelry 70.00 30.00 40.00 50.00 100.00 15.00 10.00 APPRAISAL TOTAL $ 2,119.00 This Fair Market value appraisal is tree and correct to the best of my ability as an auctioneer and appraiser with 35 years experience. Member: Certified Appraisers Guild of America W. K. "Dusty" Chapman, CAGA PAMELA Y. HALL, Plaintiff GALEN G. HALL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02=188 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 2002. 1. A Complaint in Divorce under §3301 (c) of the D~vorce Code was flied o~ January 14, 2. The marriage of Plaimiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi-om the date of filin4g and service of the Complaint. 3. I consent to the entry of a final decree of divome aRer service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements hesein are made subject to the penalties of 18 Pa.C.S.A. {}4904 relating!to unswom falsification to authorities. rate:Iq-O Pan~la Y, Hall, Social Secufitymo. PAMELA Y. HALI~ Plaintiff GALEN G. HALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-188 CINIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF ~ DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is gr..ed. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relatin~ to unswom fals/fication to authorities. PAMELA Y. HALL, Plaintiff GALEN G. lt~lJ~ Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-188 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C~ OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a diw)rce decree is entered by the Court and that a copy of the decree will be sent to me immediately at, er it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Galen G. Hall, Defendant PAMELA Y. HALL, Plaintiff Ve GALEN G. HALL, Defendant IN ~ COURT OF COMMON PLEAS CUMBE~ COUNTY, PENNSYLVANIA NO. 02-188 CVOL TERM CIVIL ACTION - LAW IN DIVORC~ AFFIDAVIT OF CONSENT 2002. 1. A Complaim in Divorce under §3301 (c) of the Divorce Code was filed on January 14, 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the emry of a final decree of divorce a~er service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating ~o unsworn falsification to authorities. Galen G. Hall, Defendant Social SeeurityNo. AGREEMENT BETWEEN PAMELA Y. HALl., AND GALEN G. HALL Cara A. Boyanowski, Esquire Robert L. O'Brien, Esquire Counsel for Wife Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction 3 SECTION H: General Provisions 4 SECTION Il/: Alimony and Alimony Pendente Lite Provisions 10 SECTION V: Property Distribution Provisions 10 SECTION VI: Closing Provisions and Execution 13 SECTION I INTRODUCTION ms *G EM NT maae day of oo3, between PAMELA Y. HALL ("Wife") and GAI,EN G. BALI, ("l~lusband"). W1TNESSETH: WI~EREAS, Pamela Y. Hall, Social Security Number~lnl[~l~i~ was bom on February 11, 1960, and currently resides at 5145 E. Trindle Road, Apartmem J, Mechanicsburg, Cumberland County, Pennsylvania 17050. WI~I~REAS, Galen G. Hall, Social Security Number,:l~lm~lll~lll~, was bom on November 3, 1956, and curremly resides at 1751 Mountain Road, York Springs, Adams County, Pennsylvania 17372. WI~EREAS, the parties hereto are Husband and Wife, having been married on October 22, 1988, in Carlisle, Cumberland County, Pennsylvania. WlCIEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or mainteamnce of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, TI~F~REFORE, in consideration ofthe mutual premises, set forth herein and for other good and valuable considerations, Wife and Husband, each inten&ng to be legally bound hereby agree as follows: SECTION H GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended and will execute the documents necessmy to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect at, er such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcernent proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agr(~nent shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the ~ last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and thek legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire, and to Husband by' his attorney, Robert L. O'Brien, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being emered into freely and volumarily, afrer having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property.. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joim federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8. MUTUAL REI,EASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally reieases and forever discharges the other and the estate of the other for all purposes fi.om any and all :fights and obligations which either my have or at any time hereat~er have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally :releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate fi.om any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existin8 or hereaRer arising..The above release shall be eit~ctive regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the fight to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named benefieiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuao, portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge fi.om all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 6 9. FINANCIAL DISCLOSURE Thc parties have disclosed to each other and they are each aware of the extant of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documer~s, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REME~BIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her tights under the provisions of this Agreement subsequent to the date of execufio,n of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one oftbe parties, the remedies available to the other are cumulative and include ali remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as emended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 7 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON ~IE1RS Except as may otherwise be provided, this Agreement shail be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This A~reement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will fortlnvith (within ten (10) days at most aider demand thereof) execute any and ail written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor sha~ the waiver of any breach of any provision hereof be construed as a waiver of sttict performance of any other obligations herein. 18. SEVERABHATY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be de~ermined or declared to be void or invalid in law or otben~ise, then only that term, condition, clause or provision shall be stricken front this A~reement and in all other respects this Agreement shall be valid and cominue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions preeedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mai[ remm receipt requested, to Pamela Y. Hall, 5145 E. Trindle Road, Apa~hi,ent J, Mechanicsburg, Pennsylvania 17050, or counsel for Pamela Y. Hall, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Galen G. Hall, 1751 Mountain Road, 'York Springs, Pennsylvania 17372, or counsel for Galen G. Hall, or such other address as Husband fi'om time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its mearfing, construction or effect. 9 SECTION m ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any fight to seek fi.om the other payment for support, maintenance, alimony pendeme lite or alimony. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rags, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possessim~ of Husband shall be the sole and separate property of Hushand; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS The parties agree that Wife shall retain sole ownership and possession of all of bet retirement benefits and plans and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. 10 The parties further agree that Husband shall retain sole ownership and possession of all of his retirement benefits and plans and ~Ftfe specifically releases and waives any and all interest, claim or right that she may have to these assets. 3. BANK ACCOUNTS Husband and Wife are the owners of individual bank accm~nts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled and each party waives any right, rifle or interest they may have in the other parties' account. 4. AUTOMOBILES Wife is the owner of a 1996 Ford Taurus automobile. Husband and Wife agree that the 1996 Ford Taurus shall be the sole and separate property of Wife, and Husband waives any right, rifle, or interest he may have in this vehicle. Husband acknowledges that he owned a 1986 Ford Bronco which has been sold subsequent to the parties' date of separation. Husband received the stun of $200.00 for this vehicle. Husband and Wife agree that the sales proceeds realized fi.om the sale oftbe 1986 Ford Bronco shall be the sole and separate property of Husband and Wife agrees to waive any right, title, or imerest she may have in same. 5. LIFE INSURANCE Husband is the owner of a Hartford Life and Annuity Insurance Company life insurance policy. Husband and Wife agree that this policy, and its cash surrender value, shall be the sole and separate property of Husband and Wife agrees to waive any right, title or imerest she may have in this asset. Husband shall be responsible for any premiums due upon his policy under this Agreement. 6. CURRENT ~ JABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accoums exist as of the date of execution of this Agrcemem which provide for joim liability, except those provided herein. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 7. CASH PAYMENT t~f Husband shall pay to Wife the sum of$ ~ I ~C~o, O~Eft- . This payment shall be made to Wife within ~) d. ays followilag the execution ,:late of this Agreement. 8. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 9. AFFER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her at~er the parties' date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as tlu'ough he or she were unmarried. 10. REAL ESTATE A. Marital Residence - The parties agree as follows with respect to the Marital Residence, located at 1751 Mountain Road, York Springs, Pennsylvania, which is tiffed in Husband' s name alone, and was purchased prior to the date of the parties' marriage: (1) Husband agrees to prepare and file all docamaentation necessary to apply for a mortgage, or a home equity line of credit, in his name, for the Marital Residence. Furthermore, Husband agrees that he will complete the mortgage process within thirty (30) days following the date of the execution of this Agreement. (2) Simultaneous with the mortgage process, Wife shall execute any documents necessanj, including a quit claim deed, to transfer any right, title or interest she may have in the Marital Residence to Husband, it! requested by the len. diOg institution. (3) Husband sball pay to Wife the sum of$ [41 ,q ,.~"30, (2~2) 8, ~],s~/t~forth above in Paragraph Seven of this Marriage Settlement Agreement, fi-om the proceeds of the mortgage process. The parties agree that this amount represents Wife's sbare in the appreciated value of the Marital Residence. 12 SECTION V CLOSING PROVISIONS AND EXECRITION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. 8-1q-o DATE WITNESS GALEN G. HALL DATE PAMELA Y. HALL, : Plaintiff : VS. GALEN G. HALL, : Defendant : THE cOURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, pENNSYLVANIA NO. 02 - 188 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~{~ day of ~ ' 2003, the economic claims raised in the proceedings having been resolved in accordance with an agreement dated August 19, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: /Cara A. Boyanowski Attorney for Plaintiff JRobert L. O'Brien Attorney for Defendant AGREEMENT BETWEEN PAMELA Y. HALL AND GALEN G. HALL Cara A. Boyanowski, Esquire Robert L. O'Brien, Esquire Counsel for Wife Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction SECTION II: General Provisions 4 SECTION III: Alimony and Alimony Pendente Lite Provisions 10 SECTION V: Property Distribution Provisions 10 SECTION VI: Closing Provisions and Execution 13 SECTION I INTRODUCTION THIS AGREEMENT made this IC~ day of 0,J4Oa,/A.~alC between PAMELA Y. E[ALL ("Wife") and GALEN G. ltALL ("l~Iusband"). , 2003, by and WITNESSETH: WItEREAS, Pamela Y. Hall, Social Security Number~l~lllffi~ was bom on February 11, 1960, and currently resides at 5145 E. Trindle Road, Apartment J, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, Galen G. Hall, Social Security Number..~ ' ]Et., was bom on November 3, 1956, and currently resides at 1751 Mountain Road, York Springs, Adams County, Pennsylvania 17372. WHEREAS, the parties hereto axe Husband and Wife, having been married on October 22, 1988, in Carlisle, Cumberland County, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, TltEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION 1I GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree &divorce, shall be entirely independent thereot~ and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire, and to Husband by his attorney, Robert L. O'Brien, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal fights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division &property heretofore made by this A~'eement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deticiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 5 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all fights and obligations which either may have or at any time hereat~er have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorco Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all fights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all fights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereaRer arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the fight of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, fights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVAT/ON OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this A4~,reement. 7 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shah be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most at, er demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms ofthis Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party herea~er to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 8 18. SEVERABIL1TY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Pamela Y. Hall, 5145 E. Trindle Road, Apartment J, Mechanicsburg, Pennsylvania 17050, or counsel for Pamela Y. Hall, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Galen G. Hall, 1751 Mountain Road, York Springs, Pennsylvania 17372, or counsel for Galen G. Hall, or such other address as Husband from time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 9 SECTION IH ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS 1. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maimenanee, alimony pendente lite or alimony. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that alt of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. l0 The parties further agree that Husband shall retain sole ownership and possession of all of his retirement benefits and plans and Wife specifically releases and waives any and ail interest, claim or right that she may have to these assets. 3. BANK ACCOUNTS Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property oftbe person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' account. 4. AUTOMOBILES Wife is the owner of a 1996 Ford Taurus automobile. Husband and Wife agree that the 1996 Ford Taurus shall be the sole and separate property of Wife, and Husband waives any right, title, or interest he may have in this vehicle. Husband acknowledges that he owned a 1986 Ford Bronco which has been sold subsequent to the parties' date of separation. Husband received the sum of $200.00 for this vehicle. Husband and Wife agree that the sales proceeds realized from the sale of the 1986 Ford Bronco shall be the sole and separate property of Husband and Wife agrees to waive any right, title, or interest she may have in same. 5. LIFE INSURANCE Husband is the owner of a Hartford Life and Annuity Insurance Company life insurance policy. Husband and Wife agree that this policy, and its cash surrender value, shall be the sole and separate property of Husband and Wife agrees to waive any right, title or interest she may have in this asset. Husband shall be responsible for any premiums due upon his policy under this Agreement. 6. CURRENT LIABII,ITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability, except those provided herein. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 7. CASH PAYMENT Husband shall pay to Wife the sum of$ ~ [, C~(3, ~ ~ff- . This payment shall be made to Wife within '.~hi~e-O0) d~ays followh0g the execution date of this Agreement. Each party hereby agrees to be responsible for any legal fees incurred on their behalf AFTER-ACOUIRED PROPERTY Each of the parties shall hereatter own and enjoy, independently of any claim or fight of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her at, er the parties' date of separation, with full power in him or her to dispose of the same as fully and eff'ectively, in all respects and for all purposes, as through he or she were unmarried. 10. REAL ESTATE A. Marital Residence - The parties agree as follows with respect to the Marital Residence, located at 1751 Mountain Road, York Springs, Pennsylvania, which is titled in Husband's nan~e alone, and was pumhased prior to the date of the parties' marriage: (1) Husband agrees to prepare and file all documentation necessary to apply for a mortgage, or a home equity line of credit, in his name, for the Marital Residence. Furthermore, Husband agrees that he will complete the mortgage process within thirty (30) days following the date of the execution of this Agreement. (2) Simultaneous with the mortgage process, Wife shall execute any documents necessary, including a quit claim deed, to transfer any right, title or interest she may have in the Marital Residence to Husband, if requested by the lendir~g institution. ~/ (3) Husband shallpaytoWifethesumof$141,q ,~D. OC) , as ~,~t[forth above in Paragraph Seven of this Marriage Settlement Agreement, from the proceeds of the mortgage process. The parties agree that this amount represents Wife's share in the appreciated value of the Marital Residence. 12 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. 8 1c -03 DATE GALEN G. HALL PAMELA Y. HALL, Plaintiff GALEN G. HALL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-188 CIVIL TERM : : CIVIL ACTION = LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint was served upon Defendant by certified mail, restricted deliver, return receipt requested, on January 26, 2002. 3. (Complete either paragraph (a) or Co). ) (a) Date of executiun of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff: August 19, 2003; by Defendant: August 19, 2003. CO)( 1 ) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 19, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 19, 2003. Respectfully submitted, DALEY LAW OFFICES Supreme Court I.D. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 Attorney for Plaintiff IN THE COURT Of COMMON PLEAS PAMELA Y. OF CUMBERLAND COUNTY STATE OF PENNA. HALL, Plaintiff 02-188 CIVIL TERM VERSUS GALEN G. HALL, Defendant DECREE 1N DIVORCE DECREED THAT AND Galen G. Hall Pamela Y. Hall , IT IS ORDERED AND , PLAINT[ FF, , 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; None. The provisions of the dated August 19, 2003, into this Decree in Divorce. parties Marriage S~]~m~n~ Agr~mmnt, shall be incorporated, but not merged PROTHONOTARY