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HomeMy WebLinkAbout04-3988 SUSAN Q. MOSER. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA : CIVIL ACTION - LAW v. : NO.Q4- 39J>t CIVIL TERM STEVEN E. MOSER. Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB 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, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIlE RIGHT TO CLAIM ANY OF TIlEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le ban 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 aI partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a !as demandas en contra de su persona. Sea avisado que si usted no se defiende, Ia corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 a1ivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFlCIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAIO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SUSAN Q. MOSER. Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ; NO.04~ 39PJ' CIVIL TERM STEVEN E. MOSER. Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Susan Q. Moser, by her attorney, Cara A. Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Susan Q. Moser, is an adult individual who resides at 4172 Antelope Court, Apartment No. 108, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, StevenE. Moser, is an adult individual who resides at 472 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing ofthis Complaint. 4. The Plaintiff and Defendant were manied on October 26, 1991, in Ramsburg, Dauphin 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. The Plaintiff and Defendant are not members ofthe Armed Services of the United States or any of its allies. 8. 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. 9. The causes of action and sections ofDivorce Code under which Plaintiffis proceeding are: A 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 on June 5, 2004. WHEREFORE, the Plaintiff prays 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 unsworn falsification to authorities. By: Q l/J1Jx~ Susan Q. Moser, Plaintiff Date: c(5/of ByQ!J!1.~~ Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Plaintiff ~ AJ P '- ~ 1. ~ ..... -- CI) ~ ~ 0 ~(),:U -::! p:.- I -'rG ",', -,",. ~.' , SUSAN Q. MOSER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 2004-3988 CIVIL TERM STEVEN E. MOSER, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF A MASTER Steven E. Moser, Defendant, moves the Court to appoint a Master with respect to the following claims: (x) Divorce () Annulment () Alimony () Alimony Pendente Lite (x) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the Motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action by her attorney, Cara A. Boyanowski, Esquire. (3) The statutory grounds for divorce are: 2 year separation (4) The action is not contested. (5) The action involves complex issues of law or fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: Date: June ':>~ , 2006 ORDER APPOINTING MASTER AND NOW, , 2006, Esquire is appointed Master with respect to the following claims: BY THE COURT: Judge o 1...:.) r-......) r.''": c-:._:...) C,,-"\ ("" Ci-~ -....... :c_. n"i!:.~:' t L~ ~ ". SUSAN Q. MOSER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2004-3988 CIVIL TERM STEVEN E. MOSER, Defendant : IN DIVORCE PETITION RAISING CLAIMS OF DISTRIBUTION OF MARITAL PROPERTY Defendant, Steven E. Moser, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1. The parties possess various items of personal and real property which constitute Marital Property and are subject to distribution. WHEREFORE, Defendant requests your Honorable Court to enter a Decree distributing the Marital Property of the parties. Date: June ;>~ ,2006 Hube . Gilroy, Esquire Brou os & Gilroy, P.C. Attorneys for Defendant {,Q ~~ '-> 0. r <:::> c -l 1.- ...S) (;"- - "t> ~ -<. f-"~"" () r-:;") -1'1 ~:;,~ ".' 1'.' G"; (~,? <..n \.f.) ~ RECEIVED JUN ~ 7 ZlllI 'Y SUSAN Q. MOSER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2004-3988 CIVIL TERM STEVEN E. MOSER, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF A MASTER Steven E. Moser, Defendant, moves the Court to appoint a Master with respect to the following claims: (x) Divorce () Annulment () Alimony () Alimony Pendente Lite (x) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the Motion states: (I) Discovery is complete as to the claims (s) for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action by her attorney, Cara A. Boyanowski, Esquire. (3) The statutory grounds for divorce are: 2 year separation (4) The action is not contested. (5) The action involves complex issues of law or fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: Date: June ':)~ , 2006 ORDER APPOINTING MASTER ANDNOW,~ ~q ,2006, e,~ ~_II Esquire is appointed Master with respect to the following claims:;tl<v IJ;;tz:b.d I r;O \.p O"D BY~"\~ Judge ~ >- Cj Q "', 0:- 0 ~} C) ., C <:':.,;) .~ ~< c" -n 1-. r-' - r\l '^( ,~ 0') :::"':1 N :_i,JC_ ;:-~JLU .......'1: f:... (. ~, w ,= 0 ,';' -j '..'i c::::; '''' 0 u:.' Cara A. Boyanowski, Esquire SERRA TELL! SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 20 I Harrisburg, P A 1711 0 (717) 540-9170 Attorney for Plaintiff, Susan Q. Moser : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN Q. MOSER, Plaintiff v. NO. 04-3988 CIVIL TERM STEVEN E. MOSER, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere 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. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cuaiquier queja 0 aiivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, P A 1 7110 (717) 540-9170 Attorney for Plaintiff, Susan Q. Moser SUSAN Q. MOSER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW v. NO. 04-3988 CIVIL TERM STEVEN E. MOSER, Defendant : IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Susan Q. Moser, by 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 pursuant to Sections 3301(c) and/or 330l(d) of the Divorce Code and sets forth the following: COUNT II ALIMONY 1. Paragraphs one (1) through nine (9) of the original complaint in divorce filed August 12, 2004 are incorporated herein by reference thereto. 2. Plaintiff lacks sufficient property to provide for reasonable means and is unable to support herself through appropriate employment. 3. Plaintiff requires reasonable support to adequately maintain herself in accordance , with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony in her favor. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 4. Paragraphs one (I) through nine (9) of the original Complaint in Divorce filed on August 12, 2004 are incorporated herein by reference as though set forth in full. 5. Defendant earns in excess of$97 ,000.00 gross per year and has assets, which have not yet been ascertained. 6. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 7. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. I verify that the statements made in this Amended 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 unsworn falsification to authorities. By: ~LlLAa.f) (;) ~ Susan Q. Moser, Plaintiff Date: LR I Z9> IDU BY~~. Cara A. Boyanowski, sqUire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff ~ -p If: " ~ ~ ~ ~ ~ ~ 'iQ. ~ ~ t;.~.; ;:i\ ,~- ,:;. .-4 '..- -'T"--;l ~:,,~ ~~: ~:.':~\ .< . '~- -J ~ \f':D ~~ .1::"",..::.. ~ ,.- ',.;.' c:: r ,) C':, -r~ :: ~ - .' Cara A. Boyanowski, Esquire SERRATELLl SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 20 I Harrisburg, P A 1711 0 (717) 540-9170 (telephone) (717) 540-5481 (facsimile) cbovanowski{alssbc-Iaw.com Attorney for Plaintiff, Susan Q. Moser SUSAN Q. MOSER., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 04-3988 CIVIL TERM STEVEN E. MOSER, Defendant IN DIVORCE INVENTORY AND APPRAISEMENT OF Susan Q. Moser (Xl Plaintiff ( ) Defendant files the following inventory and appraisement 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. (X) Plaintiff ( ) Defendant verifies that the statements made in this inventory and appraisement are true and correct. (X) Plaintiff Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. ~Q~ s~~n Q. Moser, (~) Plaintiff ( ) Defendant 1 ASSETS OF PARTIES (X) Plaintiff items applicable to following pages. ( ) Defendant marks on the list below those the case at bar and itemizes the assets on the (x 1. Real Property (x 2. Motor Vehicles (x 3. Stocks, bonds, securities and options 4. Certificates of deposit (x 5. Checking accounts, cash (x 6. Savings accounts, money market savings certificates 7. Contents of safe deposit boxes 8. Trusts (x 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) (x 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits -- severance pay, workman's compensation claim/award (x ) 17. Profit sharing plans 2 . (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 attach itemized list if distribution of such assets is in dispute) 26. Other: 3 . MOSER v. MOSER Date of Marriage - October 26, 1991 Date of Separation - June 5,2004 MARITAL ASSETS Assets Wife's Husband's Master's Notes Value Value Value Real Estate Marital Residence: TBD. Wife $260,000.00 Mortgages exists on the 472 Rich Valley Road has hired an property: Carlisle, Pennsylvania expert to appraise the I. ABN AMRO Mortgage property . Group, Inc. $96,278.85 as of July 7, 2006. Husband resides in the Marital Residence wi girlfriend. Retirement Assets Wells Fargo $371,385.32 $371,385.32 DOS: $248,691.80 401 (K) Plan (7/06) (7/06) DOM: $18,384.12 (pre-marital (Husband) portion) Husband's post separation contributions consist of his contributions of $25,242.67 and his company contributions of $4,865.78. BAE Systems Pension Plan Actuary Report performed on (Husband) $44,270.00 $44,270.00 Pension Plan by Harry Leister on October 14,2004. Wife paid $400.00 fee for . MARlT AL ASSETS report. BAE Systems $952.48 + $350.00 - Total Shares of Stock: 5505 Stock Appreciate Rights shares of $400.00 On May 15,2006, Husband (Husband) non- exercised 230 shares of stock exercised granted on June I, 2002 at stock $4.1412. This totals $952.48. American Century Investments $29,903.84 $29,903.84 DOS: $29,615.96 Roth IRA - Roth (6/06) (6/06) (Wife) Principal Financial IRA $12,238.50 $12,238.50 DOS: $9,662.24 (Wife) (6/06) (6/06) Ameriprise FinanciaV American $1,546.31 $1,546.31 DOS: $1,072.70 Express (5/06) (5/06) Annuity (Wife) Bank Accounts/Investment Merrill Lynch Account $85,775.49 TBD Balance of account as of June CMA Account 25,2004. Account No. 872-48646 Account was closed by (Joint) Husband and funds were transferred to an account titled in his sole name. Belco Account Balance of account as of July Checking and Savings (Combined) $9,823.45 $9,823.45 31,2004. Account No. 666680 (Joint) United States Savings Bonds Approx. Approx. In Wife's possession. (Wife) $900.00 $900.00 Life Insurance Policies Erie Insurance $14,959.70 $14,959.70 Cash Surrender Value of Universal Life Insurance Policy (9/05) (9/05) Policy as of September 18, (Husband) 2005: $14,959.70. MARITAL ASSETS Automobiles 1998 Toyota Camry $2,860.00 $5,175.00 Kelley Blue Book Value. (Husband) (value from (value from No lien exists on vehicle. 6/2006) 8/6/2004) 2001 Honda Accord LX $8,670.00 $13,395.00 Kelley Blue Book Value. (Wife) (value from (value from No lien exists on vehicle. 8/6/2004) 6/2006) Miscellaneous Household Goods and Furnishings $0.00 $0.00 Already divided between parties, to their satisfaction. LoanslDebts None e}C~,t;+ !J- . ' .... ~"'" .9\0 ~O\ eN ro ' \0 -S .~ 0 o.~ ]"'" -0"'" ~CO Z ' "'" 'i ..'" eS 0.. :c.. -'i ~~ H ",- "'~. II"'" -e~ ,\!ol'l ...... i~ .... ::::u ..~ ~~ 'g~ >''' 0' .. '; '^ o '=' S 'il :l c 8 ~.j '^ '=' ~ ~ . C1 4 ... ~ ... ! c :3 Co o Z ~ ." 111 . e ., W ~ ~ ~ ~ .cr: ~ I 1:1 CC ! . ;Z a:a ct . 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BiRTH nA'TE L.j~~E 04.iE JAR,IctPATtCN OAT~ CDNTRIBU1ICN PERCENT PERC<~T VESTED' CD~PAN~' IItAteM COMPANT REtIREMENT BA~ANCE) FUND 'E~ CENTqA~ SToCK FUNC 212-H.I:l.'566 12/24/59 06/1f!liS1f C1/01/aa s .. 100 X 100 "" 1"OTAI =s.........o&== '\OG ~ 100 l< Hi. ':'2G. 47 $ 9:17.e.2. 0.00 1j4.02 23' .Sil 0.00 1,9:::'3.1J O.DC 0.00 0.00 0.00 0.00 0.00 ===&8:==.......... .. '.' ..!.II....::...II~==Il=: $ 1131881 ,~3 0.00 fi:3S.~8 0,00 857.11 ~.~O Oll o X all --..-------.- ----.-.------ --..-.----..- ------~--.-~~ ----.-------- SJBTOT" S IS,591.B3. CUTSTANOI~G LSA' .A~.\C' TOTA.L OUARTIRLY PERFO~ANCE TEAR-TO-DATE PERFDRMANeE A~Ac INCOME 'UNO RATE 9.'0 ')I. 30.S0 ')I. 1.~92.49 'Ii 2.00 % a.50 % yO~~ VEAR-TO-CATE 401(K, CONTRIBUT1CNS ARE 7,75 " 0.00 S 310.44 Ii H! ,:184 '2 0.00 18. l,H4.12 $ 3,388.97 o.CO s 0.00 C.OO 0.00 0.00 0.00 0.00 1,"'0 0.00 0.00 0.00 PLEASE ~EvIE~ THIS STAT!~e~T CA~i~ULLV~ t, vau HAVE ANY O~ESTION5 P~.A$5 C4~L T~t ~ETIR'M'NT PROGRAMS ~rFrCE AT (SOI)~31-1156. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .31~.'~ 0.00 S 0.00 0.00._ 0.00 0.00 0.00 o.~ 0.00 0.00 C.OO 0.00 5 0.00 5 ,. '0.20 )I 31.80 " s 3.ao II '35.30 ",I.. . 'Wells Fargo Retirement Plan Services Portal II' Hetp ~, VI 'wllfl 1l(l;"Il) Welcome STEVEN MOSER! Plan Balances As of 08/0512004 . Pending Transactions Investment SAVIN.G.S ANO I.NV~SIME_NLe!"AN .c'lrll r-' ..'. Vested Balance ~,.: j $248,691.80 Manage My Account .. Overview Contril:lLJlion.R~te Vie:wo{_Ct1_a!'lgl3:.!nve:~trl1lml~ S_E!Jf.~PjrE!!::-'E!_d_Ac_C9_l!nt Actiyity_$!JmIJ'!Q!)' Tu:!n!?_a~.i.Qn_pj:l.t;;lJJ Onlil)_t;l,$t!'ltemefl.!!? PrjQr_R~ljJf3:rnl;lntPla[1~ Tau Money from My AcCOURt Am91.JX1!.S_.AY-<:lJ!ab119 L.,O<;in Center Wilhdri'lwals <;Ind__O.i~t.r:i_b_utjQ!l$, IRA Rollover~ Tools and Research Re:!ireJIlf3:I!t.P.linoer F!.ln~P~IfQrmanCf! Plao__lo.tQrmatioll Forms Center ReJirer:r:'1f3:J:1!SavJngs C<;!ICI,JI<;l_tQ! Fr_eq,l,Jfiln!Iy._As~~d Questions N.E'!W"s.and Trends My 5<!ttlngs password HintAn!?w.el'.$ Prefe:f.E'!nces Profile I.l:!_fI11~_QfJ,JJ!!!! S_eG!.!r.i,ty__G!!_~HIJJ1e:!!'!"r.i.v_i!!:?'-P.9~ ClCopyright 1999 - 2004 Wells Fargo. All rights reserved. https:/ /www.wellsfargo.comlretirementplan/oaa/myaccount_ overview.jhtml? Jequestid=42... Page 1 of I ~--, D1IlD BAE SYSTEMS EMP SAVINGS AND INVE STEVEN MOSER 8/6/2004 .. 'Wells Fargo Retirement Plan Services Portal II . Pending Transactions Man"ge My Account QyeJ:vi.ew: ~ Balance Information Co.otrip.vli.of'J.Rl3.te View orCh;;lngelrw!!.sJments S~!f:Pi@~lJl!t1\ccolln! Activity__S.i).I11r11.C1ry TraI'!sacti.on.De.ls.il Online__SJatetlle0.ts E:dQL l3.~ti[e.meDLE').a.o~ Take Money from My Account Arno!.Jnts Avai!abll;! L~nCeoler Wilhd.@.'@.!.S.Jind Distributions IRA Rollovers Tools and Research ~rement Planner fundPer:formi3nc;e ~la.oJt1formatiQJ1 forms; C.e:oler Reti(emeol.Ss_VIDOS Calculator fr~qyent)y_.AsJs;~__Que_$ij.onS_ News and Irefld.s My Settin!JS Pa~,!,!,Q.rg HiolAo.s.WeIS Preferl;l[lg;!.s Profjle Help Balance Information The following is a summary of your account by investments as well as a summary of the source of your balances - your contributions, any employer contributions (If applicable), and any other balances you may have in your account. . View or change the allocation of your current investments or future contributions in the View QrCh.!!ng~.IIJ.V!1l:;;!m.!'lIJ.tl! section. . View funtierformance and obtain ~.ditjgnaU!lfQ[ITlation about your funds. Balance By Investment As of 0810512004 Fund Units Price Market Value % of Total FUJEI.,IIY.CONTRAFVN.D 743.7473 $48.610000 $36,153.56 14.54% . DOD{~E.&..CQX..STQCK 553.2634 $113.630000 $62,867.32 25.26% . .I,.08.p.A.I;l.e.eTI.M!Q.~CAP 2,639.7680 $19.580000 $51,686.65 20.78% . VALUE .ABIISANM.l.O.CAP 1,894.7861 $24.610000 $46,630.69 18.75% . .wr;I..I"S.fARG.O..SMAI,,l. 1 ,672.7550 $30.700000 $51,353.58 20.65% . CAP QPPQRT Grand Total: $248,691.80 100.00% Balance By Source As of 0810512004 Source Market Value Vested % Vested Value % of Total SALARY $214,249.15 100% $214,249.15 66.15% . DEFERRAL PRIOR COMPANY $22,195.27 100% $22,195.27 6.92% . MATCH 2% RETIREMENT $12,247.38 100% $12,247.36 4.92% . Total: $246,691.60 100% $248,691.80 100.00% :r.errn.$9fj,.J.l;l~. .S!;!j;:.I,IJj!Y..G.I,l.i!:r.~.r!!~J! PIiv~.I;:Y.P9![gy CCopyright 1999.2004 Wells Fargo. All rights reserved. https://www.wellsfargo.comlretirementplanloaalbalance _information.jhtml Page I of I -'III I!IDi11 BAE SYSTEMS EMF SAVINGS AND INVE STEVEN MOSER 8/6/2004 'Wells Fargo Retirement Plan Services Portal Page I of I . III' ...'" .Et1IJD BAE SYSTEMS EMP SAVINGS AND INVE STEVEN MOSER :' VI W /\OC't 1U: ?IL\f1 Welcome STEVEN MOSER! Plan Balances As of 0810512004 . Pending Transactions Manage My Account Investment S/WING~.ANP INVE;.$IME;NI.PJAN - Im- o.'.Of1-' Vested Balance $248,691.80 ~ Overview CQntril;:l),t1ion Rate View or Change InvElst.m_ent~ SeJ.f~'piIE:l_ct~_o Ac.G9uot AGtl~ity. $lJl11m~1}' TranS~C~()fl_Del_~i1 QOJjn_e__S_\a_t~mE:lJ)t$_ Pri.or RetirementPIEl!1~ Take Money-from My Account Am9.l,Jflts_AV<:l_iIElPJ.~ 1,._~JICE!oter WJ.tlJd(C:Iwals am:jDi.s.tri.I:lI.J.I!QXl.li IRA Rellovers Tools and Research .RetJram!;l.ot.P1anner Bm.l1Perf-9IJl:lElJLC:l;l PJ.E1J'JJofQrmaljQo fQJm~,-Center Re.ti[emE!nLS.a'!"io9-s_C.a!~u.!a.tqr Ereguenl1y.As}c~d Questions N.ew.!LanJtTIenps ~y s.ttlngs E'_9-i.SW9IQ HiolAnswers Prefenmces P.roJilfl I~Jm$__91J.!~ ~l'!j;~I[Iy._~~_arJiI1!e~ eIt''!'i;l!<i.E9Jlcy Cl CopyrighI1999. 2004 Wells Fargo. All rights reserved. https://www.wellsfargo.comlretirementplanloaaJmyaccount_ overview.jhtml? Jequestid=42... 8/6/2004 '- 'Wells Fargo Retirement Plan Services Portal . II" Help :.. '.'1 wf...n'Jt )(f;J ,\ 1 Balance Information The following is a summary of your account by investments as well as a summary of the source of your balances. your contributions, any employer contributions (If applicable), and any other balances you may have in your account. . Pending Transactions Manage My Account . View or change the allocation of your current investments or future contributions in the View or.G.h;;l_Oge ,lnvl;l:;;tm~nI_$_ section. . View f:\.lD~Qerformance and .QoJ9:!(l, additional infonnation about your funds. OVElrvi~w It- Balance Information Con,trit;lutipnHOlle Vif#.W_Qr._C!1_aD_g_e__J.rwe_slroen~s SeJf-Di.[ecte(t}\~Q!.mt AGti,YiIY__Summa_1)' Tr<;lnsactign__O.e4;liJ Qn!ine..Statements prior R~tir~melJ.tP~llii Balance By Investment As of 0810512004 Fund Units Price Market Value % of Total FJP.{;.~In:__C.oNIBA.f.UN.O 743.7473 $48.81??oo $38,153.56 14.54% . .P_QQJ;,~E_&__CQX$TQC.I'; 553.2634 $113.630000 $62,867.32 25.28% . I..QH.OA.aSE:TT .MIQ~Cl~P 2,639.7680 $19.580000 $51,686.65 20.78% . VALUE; A.8.J1SAt'LMLP_.CAP 1,894.7861 $24.610000 $46,630.69 18.75% . WEI.,!,..$_.f.ARGO.SMAl..l,.. 1,672.7550 $30.700000 $51,353.58 20.65% . CAP o.Pf:'.o.RT Grand Tolal: $248,691.80 100.00% Balance By Source As of 0810512004 Source Market Value Vested % Vested Value % of Total SALARY $214,249.15 100% $214,249.15 86.15% . DEFERRAL PRIOR COMPANY $22,195.27 100% $22,195.27 8.92% . MATCH 2% RETIREMENT $12,247.38 100% $12,247.38 4.92% . Total: $248,691.80 100% $248,691.80 100.00% Take Money from My Account Amoynt$A\la,il<:clb!e Lo.an Center Withdrawa~_amLDj~~n.butions !RA. RQllq~~rs Tools and Research lieJir!tment Planner F!Jf!d__Perforn:1anc;:~ planlofor:ma,Jjpn Forms Center ~ment Sl;:t....jnas Calculator F~.qJ\Jef:ltIY_A!!'!l:~d_.Q.Y_e~tipnJ! NJIWS__an.ctTrends My Settings Pa~'o'Lord HiotAo.swers Pfe.feren~s Pl"9file I~r.m~.9fUs.e Se.C_y.rjjy._GI,I~rjlm.E;l_E;l E'Jil(~CY.P_Q![Qy CCopyright 1999.2004 Wells Fargo. All rights reserved. https:/ /www.wellsfargo.com/retirementplan/oaalbalance _infonnation.jhtml Page I of I I!!!I.lD SAE SYSTEMS EMP SAVINGS AND INVE STEVEN MOSER 8/6/2004 Wells Fargo Retirement Plan Services Portal II Page I of 1 .............- ...~ . contact.us... .SAVINGS AND II flel PLAN . ... ..?... ....._ __... ._ STEVEN MOSEl VI ~w AnothNPldn III Pending Transactions Manage My Account .. Overview Contribution Rate View or Chang.e,lnvestments Self-Directed Account Activity SummarY Transaction Detail ~Statement~ Prior Retirement p~ I. Take Money from My Account Amounts Available Loan Center Withdrawals and Distributions IRA Rollovers Tools and R......rch Retirement Plan.M! Fund Performance Plan Information Forms Center 401fkl Planner Freouentlv Asked Questions Redemotion Fees Glossarv of Termi News and Trends . Ml'Settfngs Password Hint Answers Preferences p~ Welcome STEVEN MOSER! Plan Balances AI; of 07/0712006 -----.--.-----.----.--.--.---.--- Investment SAVINGS AND INVESTMENT El.tJi Current Balance Vested Balance $371,385.32 $371,385.32 SITE CHANGES COMING SOON I In July, you may notice some changes to the web site. These changes will enhance some existing features, as well as make the site more user-friendly. Watch for changes such as: a revised left menu bar, e new consolidated plan balances pege, the addition of a distribution celendar, plus morel To Ieam more about these enhancements, select News and Trends from the left navigation bar. Are you looking for more specific information on the BAE Systems Employees' Savings and Investment Plan? Simply click "Plan Information" in the left navigational bar to view your copy of the Plan Highlights. Privacy and Securttv I Terms of Use I Qnline Access Aareement I Site MaD C 1999-2006 Wells Fargo Bank, N.A. All rights resorved. https://www.wellsfargo.comlretirementplan1oaalmyaccount_ overview.jhtrnl? _requestid=3... 7/10/2006 . 401 K Contributions (Summary) 2004 2005 2006 Contributions Contributions Contributions Total Mv Contributions $13,000.00 $10,688.51 $7,633.12 Pre Separation Contributions $6,078.96 $0.00 $0.00 Post Seoaration Contributions $6,921.04 $10,688.51 $7,633.12 $25,242.67 Company Match $2,129.15 $2,337.85 $1,375.82 Pre Separation Contributions $977.04 $0.00 $0.00 Post Seoaration Contributions $1,152.11 $2,337.85 $1,375.82 $4,865.78 Total Post Separation Contributions $8,073.15 $13,026.36 $9,008.94 $30,108.45 401 K Contributions YTD Employer Employer Pay End Check Date 401 K Cont YTD Cont Match Match Notes 1/2/2004 1/912004 $498.74 $498.74 $80.16 $80.16 1/1612004 1/23/2004 $498.74 $997.48 $80.16 $160.32 1/3012004 2/6/2004 $498.74 $1,496.22 $80.16 $240.48 2/1312004 2/20/2004 $498.74 $1,994.96 $80.16 $320.64 2/27/2004 31512004 $498.74 $2,493.70 $80.16 $400.80 3/12/2004 3/1912004 $498.74 $2,992.44 $80.16 $480.96 3126/2004 41212004 $498.74 $3,491.18 $80.16 $561.12 4/912004 4/1612004 $498.74 $3,989.92 $80.16 $641.28 412312004 4/30/2004 $522.26 $4,512.18 $83.94 $725.22 5n/2oo4 5/1412004 $522.26 $5,034.44 $83.94 $809.16 512112004 5/2812004 . $522.26 $5,556.70 $83.94 $893.10 6/1812004 612512004 $522.26 $6,601.22 $83.94 $1,060.98 71212004 71912004 $522.26 $7,123.48 $83.94 $1,144.92 7/1612004 7/2312004 $522.26 $7,645.74 $83.94 $1,228.86 7/3012004 8/6/2004 $522.26 $8,168.00 $83.94 $1,312.80 8/1312004 8/2012004 $522.26 $8,690.26 $83.94 $1,396.74 8/2712004 9/312004 $522.26 $9,212.52 $83.94 $1,480.68 9/1012004 9/17/2004 $522.26 $9,734.78 $83.94 $1,564.62 912412004 1011/2004 $522.26 $10,257.04 $83.94 $1,648.56 101812004 10/1512004 $522.26 $10,779.30 $83.94 $1,732.50 10/22/2004 10129/2004 $522.26 $11,301.56 $83.94 $1,816.44 11/512004 11/12/2004 $522.26 $11,823.82 $83.94 $1,900.38 11/1912004 11/2612004 $522.26 $12,346.08 $83.94 $1,984.32 12/312004 12/10/2004 $522.26 $12,868.34 $83.94 $2,068.26 12/1712004 12/2412004 $131.66 $13,000.00 $60.89 $2,129.15 CY04 Total 12/3112004 1n12oo5 $1,044.51 $1,044.51 $167.87 $167.87 1/1412005 112112005 $373.04 $1,417.55 $83.94 $251.81 112812005 2/4/2005 $373.04 $1,790.59 $83.94 $335.75 2/1112005 2/18/2005 $373.04 $2,163.63 $83.94 $419.69 2/25/2005 31412005 $373.04 $2,536.67 $83.94 $503.63 311112005 3/1812005 $373.04 $2,909.71 $83.94 $587.57 312512005 4/112005 $373.04 $3,282.75 $83.94 $671.51 4/8/2005 4/1512005 $373.04 $3,655.79 $83.94 $755.45 4/2212005 4/2912005 $389.84 $4,045.63 $87.72 $843.17 5/612005 511312005 $389.84 $4,435.47 $87.72 $930.89 5/2012005 512712005 $389.84 $4,825.31 $87.72 $1,018.61 6/3/2005 6/10/2005 $389.84 $5,215.15 $87.72 $1,106.33 611712005 6/2412005 $389.84 $5,604.99 $87.72 $1,194.05 7/112005 7/8/2005 $389.84 $5,994.83 $87.72 $1,281.77 7/1512005 7/22/2005 $389.84 $6,384.67 $87.72 $1,369.49 7129/2005 8/512005 $389.84 $6,774.51 $87.72 $1,457.21 8/12/2005 8/1912005 $389.84 $7,164.35 $87.72 $1,544.93 8/2612005 91212005 $389.84 $7,554.19 $87.72 $1,632.65 9/9/2005 9/16/2005 $389.84 $7,944.03 $87.72 $1,720.37 9/23/2005 9/30/2005 $389.84 $8,333.87 $87.71 $1,808.08 101712005 10/14/2005 $389.84 $8,723.71 $87.71 $1,895.79 10/2112005 10/28/2005 $389.84 $9,113.55 $87.71 $1,983.50 111412005 1111112005 $389.84 $9,503.39 $87.71 $2,071.21 . . 401 K Contributions 11/18/20051 11/25/20051 $389.84 $9,893.231 $87.71 $2,158.921 12121200~ I 12/91200: I $389.8'! 1 $1 0.283.0~ I $87.7! I $2.246.631 1211612005 12/2312005 $405.44 $10.688.51 $91.22 $2.337.85 CY05 Total 1213012005 1/6/2006 $697.82 $697.82 $157.02 $157.02 1/1312006 112012006 $405.44 $1,103.26 $91.22 $248.24 1/2712006 21312006 $486.53 $1,589.79 $91.22 $339.46 2110/2006 211712006 $486.53 $2,076.32 $91.22 $430.68 2/24/2006 313/2006 $486.53 $2,562.85 $91.22 $521.90 3/1012006 3/17/2006 $486.53 $3,049.38 $91.22 $613.12 3/24/2006 3/31/2006 $486.53 $3,535.91 $91.22 $704.34 417/2006 4/14/2006 $486.53 $4,022.44 $91.22 $795.56 4/21/2006 4/2812006 $601.78 $4,624.22 $96.71 $892.27 5/5/2006 5/12/2006 $601.78 $5,226.00 $96.71 $988.98 5/1912006 5/2612006 $601.78 $5,827.78 $96.71 $1,085.69 61212006 6/9/2006 $601.78 $6,429.56 $96.71 $1,182.40 6/1612006 6/23/2006 $601.78 $7,031.34 $96.71 $1,279.11 6/3012006 71712006 $601.78 $7,633.12 $96.71 $1,375.82 7/14/2006 712112006 7128/2006 8/4/2006 8/11/2006 8/1812006 6125/2006 91112006 9/8/2006 9/1512006 912212006 9129/2006 10/612006 10/1312006 10/2012006 10/2712006 11/312006 11/1012006 11/1712006 1112412006 12/112006 121812006 12115/2006 12/22/2006 I I 1 CY06 Total 12/29/20061 115/20071 1 fx hvb;+ C ~ Conrad Siegel ACTUARIES 501 Corporate Circle. P.O. Box 5900. Harrisburg, PA 17110.0900 Phone (717) 652.5633 Fax(717) 540-9106 The Employee Benefits Company www.conradslegel.com Conrad M. Siegel, F.S.A. Harry M. Leister, Jr., F.S.A. October 14, 2004 Clyde E. Gingrich, F.S.A. Ea~ l. Mummert, M.A.A.A Robert J. Dolan, A.SA Cara A. Boyanowski, Esq. Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 David F. Stirling, A.S.A. Robert J. Mrazik, F.S.A. David H. Killick, F.S.A Re: Susan Q. Moser v. Steven E. Moser Jeffrey S. Myers, F.S.A. Dear Ms. Boyanowski: Thomas L. Zimmerman, F.S.A. You provided me with the following information concerning Steven E. Moser: Glenn A. Hafer, F.S.A. Kevin A. Erb, F.S.A. 1. Date of birth - December 24, 1959. Frank $. Rhodes, F.S.A., A.C.A.S. 2. Date hired - June 15, 1981. Holly A. Ross, F.S.A. 3. Date married - October 26, 1991. Janel M. leymeister, CESS Mark A. Bonsall, F.S.A. 4. Date separated - June 5, 2004. Denise M. Polin, F.S.A. 5. Accrued monthly pension as of December 31, 2004, under the BAE Systems Pension Plan - $1,597.22 to start at age 65. John W. Jeffrey, F.S.A. Thomas W. Reese, A.S.A. Currently, Mr. Moser is 45 years of age (age nearest birthday). Jonathan D. Cramer, A.S.A. DavldH.Slimpson, EA The BAE Systems Pension Plan 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. John D. Vargo, F.SA Bruce A. Senft, CESS The following table shows the present value of the monthly pension of $1,597.22, the coverture fraction and the present value of the pension earned during the marriage: Robert M. Glus, A.S.A. Present Value Monthly Pension of $1,597.22 Coverture Fraction $81,981 .54 Present Value Pension Earned During Marriage $44.270 The monthly pension of $1,597.22 takes into account 10.37 years of service before the date of marriage and .57 of a year of service after the date of separation. Therefore, it is necessary to multiply the present value of this benefit by a "coverture fraction" in order to obtain the present value of the pension earned -- ~ Conrad Siegel ~ACTUARIES Cara A. Boyanowski, Esq. October 14, 2004 Page 2 during the marriage. The numerator of the "coverture fraction" is 12.61 (the years from the date of marriage until the date of separation) and the denominator is 23.55 (the years from the date of hire until December 31, 2004). Thus, the "coverture fraction" is .54 (12.61 divided by 23.55). The present value has been determined based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 4.0% per year for 20 years followed by 5.0% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table for males. 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 (V"~I~f Harry Leister, Jr.,Gu;{. Consult ng Actuary Ex~,b;f j) !...... G> ~Ol' 01 oiil 1t::i\3:e::i\3U'1:::i:::J ......0(...)[""':::]......- i\3 i'3 i\),i\) t3 ;\3;0 tio 0 0,0 0 Ollll OOO:OOOJ- W l\Jil\Jl...... ......10 CD - -- ---L.:-+------+----1-:it I .~.~ I[ .~ ~."'101 ",. "'I CD CJ1 (.0,)1 CO I\J ('J1! c.n en 01 o'~f'" "'~1'~ 0' ::l ,.., ,.., ,..,1,.., ,.., ,.., 4J ......1\) (JJIC,..) I'\) I\J-. ~ ~~~J~- -~~ ~ ...... '01 m Q~~f\3~I~~ ............ww..............., ______0 I\J I\J, I\) I\,) 1\:):1\,) Cii' 888888CD C') U'I 01 ~ ~IW --.---- ---- CCO'101O'l;CJ1m WW:e:i'3(;rW~ 0,...... w w............-. i\31;\3;t\3 i\3 N,N @ 00:0000 010:..... ..... 0:0 .......iO)!f\J ..... c.ni~ ,- I -- 'I' '~,4,i ! 0 ,..,............ ii 0;:,.., ~ tn',..,,4, m 01 '" ~IO;""" ......;:::J ,,~o..,," "g ""'c.nO!I\,)O)O) CJ1_~+~_!!,__~ 0 < ~ ,~ ~ iel. 0) ,.., tt"J:l") ,..,1,..",.., CJ1 ,..,',..",.., ,..,.,..,15 00 OiO O!OO c.n (.0) 010 ~ 01'" Co 810 0 b:blo ~ ~ 0 (:) "'0 ~ oJ5_~ _~__~ g ~_L~t ~~ ~: ~, $. . '$ I I I~ ~;~:~ ~-~~I~ ~I~'~ ~I~'~ ~!: g ~_~_~ _~_. _8 ~,?t ~ _~. ~! 8i. ~~_~_____ I, I ' m () :, ' Xc i I o~ ; ,::r CD I :0) ::J ::l _ <CIC/l CD _ ~Ig iit"" " "tl ::l, g I " d ~ I I I , .j---- I , 01 01 o 01 I --+--- ~ m ~ C/l -i m ;s:: C/l ~ ;0 BAE SYSTEMS STATEMENT OF BAE SYSTEMS SHARE OPTIONS STOCK APPRECIATION RIGHTS ("SARs") Steven E Moser 472 Rich Valley Rd Carlisle, PA 17013 The following summary shows that, on 23rd May 2001, you were granted, subject to the rules of the BAE SYSTEMS Share Option Plan 2001 (the "Plan"), SARs over ordinary shares of 2.5p each in BAE SYSTEMS pIc as specified below, subject to the relevant scheme rules and the Memorandum and Articles of Association of BAE SYSTEMS pIc. Your option may nonna1ly only be exercised if the performance condition has been satisfied. The performance condition for options granted in the first year of operation is as follows. The performance condition is that the earnings per share (before exceptional items) of the Company over the period of three years from grant must increase at a rete at least five percentage points higher than the increase in the UK Retail Prices Index (i.e. 5% real growth) over the same period. If only 3% real growth is achieved, then 33.33% of each option will be exercisable and if only 4% real growth is achieved, then 66.67% of each option will be exercisable. The condition will be re-tested at the end of the fourth and fifth year from grant. Options will lapse if it has not been satisfied at the end of the fifth year. The performance condition for options granted in future years, if different, will be described in the letter sent to you on grant. DSP/4May2001 .1. Please check this information to ensure that we have your correct address and Plan details. If your information is not correct, please contact the Company Secretariat at Head Office. You do not need to do anything else with this information. Date of Grant Number of Shares underlying Option 2523 L3.30 Option Price 23rd May, 2001 NOTES 1. The exercise price per share and the number of Ordinary Shares comprised in each option may be varied in accordance with the rules of the Plan. A notification will be issued in such circumstances. 2. The SARs are NOT TRANSFERABLE or ASSIGNABLE. 3. SARs are exercisable at the times and in the circumstances permitted by the rules of the Plan. 4. If your employment should subsequently be terminated, you should seek advice from your HR department regarding the date in which your options lapse. BAE SYSTEMS accepts no responsibility if you fail to exercise valid options before they lapse. 5. You should keep this statement in a safe place as it gives important information concerning the Plan. This information only applies to those who are VALID participants under the rules of the BAE SYSTEMS Share Option Plan 2001 and is believed to be correct at the time of issue. While every effort has been made to ensure that this is information is accurate, BAE SYSTEMS will not accept responsibility if the above statement does not reflect your individual circumstances or for any changes that have occurred since the information was printed. DSP/4May2001 -2- ;1 lll~~dL,d(L'II{U Of"'O' S 1e M, '01.011 Inklncl 11l}.l:OfCr l.. J-';' .- ~ YIiM FWlIrbI Tools ~ 0""" U @ ~ ((.).p..... 'A,...... ei e.;~ @}'Ur1.a Addr,z €IhttpJ:tt-.tpIISMb.co~~_.-clJe,Jt.Unrt.dnI~1513167 ~Ia'" "' BAE SYSTEMS ExcellerateHRO_ __IOIIl_..UII_..IIfl... ''''<;-i~ ""'.-,' . .' 'I ~ Homl Pagl Exercise Statement -. Award Sllttment Thl awards shown h.... been Ilt,rcised underthlterms ofthl BAE SYSTEMS Plan. ,,- EllIrcislAwlrdt ~I'" '~ :.~>~ ""~~""J - Award Exerci91!1S 44181.' '8Ae$yllllll32000~SIocII__ec:lIaonHliiQQlo'" " .., "" .. .. '" "'" 2.71 ..1412 1.4312321.1' Modeler Notes: TcUI o.In exdJdM IMI. *-. ~CII'lycvnMlllf~YOUIlllY_"'lo._chqeon"'''''IIlIdeCll'lyoll".....DlfftrlrtNn'''~lIff....~.lIyou _ henydNlt IltolN_ PGIIIon or ycu own peraanIlQ-~ you_....to...lrlcfIpendn prof......~. Terrnination(Leaver) Rulli Pllnlnformation ConttetU. UodlflutJoM The EllIrcise Stetemenl cen bl modified to present only those tranSlction. Ihill occurred betweln two specific dates. Pleese enter Ih, two rellMlnt deles in th. box.. below and prestlhe Go button, Pleul.howallll1lnsaetions betweenL_.__._=.J and r==_._.-J (dd mmm yyyy) (dd mmm yyyy) IB Print Screen II'" ill :;scart .10 I~ J:1..'4~"_.,',;t3"_~'A04,. I ~ __'..'<...:tAI ExcellerateHRO Option Site Page 1 of 1 . . Award Statement as of 10-Jul-2006 The awards listed below are currently held by you under the terms of a BAE SYSTEMS Plan. The position shov below does not reflect any pending exercise instructions (whether online, mailed or faxed). \Total Awards Exercisable 10 Serial Grant Grant Awards Awards Awards Awards Next Exph Plan Price Vesting No Date (E) Granted Exercised Remaining Exercisable Date Date BAE Systems 23 23 72410 2001 Executive May 3.30 2,523 0 0 0 Feb SARS 2001 2006 BAE Systems 2000 Employee 01 01 26345 Stock Jun 2.72 353 0 0 0 Jun Appreciation 2001 2005 Rights Grant BAE Systems 03 15 03 74725 2001 Executive Apr 3.35 1,892 0 1,892 0 Mar Apr SARS 2002 2007 2012 BAE Systems 2000 Employee 01 07 44189 Stock Jun 2.71 230 230 0 0 Jun Appreciation 2002 2006 Rights Grant BAE Systems 2003 Employee 30 30 30 245871 Stock Sep 1.72 155 0 155 0 Sep Sep Appreciation 2003 2006 2007 Rights Grant BAE Systems 2004 Employee 21 21 21 199024 Stock Oct 2.40 210 0 210 0 Oct Apr Appreciation 2004 2007 2008 R~htSGrant BAE Systems 2005 Employee 22 22 22 355114 Stock Dee 3.56 170 0 170 0 Dec Jun Appreciation 2005 2008 2009 Rights Grant Notes: Awards must be exercised by the date shown above as Expiration Date Awards cannot be exercised if the exercise price is below the grant price as no gain can be attained. An automatic exercise process operates on some plans. I Print Screen] https://www.tpasweb.co.ukIflexwebIBAEIBAE_option _ statement.cfm?exercise=O?CFID=... 7/10/2006 f;<:hib~+ t- . .American Centurv Investments ~ Investor Services Representative 1-800-345-2021 americancentury.com Sudden Shift in Sentiment Stocks started with a six-week rally, paced by industrials and makers of raw materials as commodity prices soared. But sentiment shifted in mid-Mayan inflation worries, slower economic growth, and dissipating hopes that the Federal Reserve would hcllt its rate hikes in June. Investors weighed the benefits of higher rates (inflation control) versus the consequences (slower economy and higher costs). Portfolio Value Graph ,. Quarterly Statement Period Ending June 30, 2006 Paga 1 01 2 I R A .Roth Susan Quinn MosGf 4172 Antelope CT Apt 108 Mechanlcsburg PA 17050-7641 OUbb/l 1...111",111,,,,1,1,11.,,1,,.1,11..,1,,1,,,11,,11,,,11,,.11,1 Value on 06-30-2006 $29,903.84 Your value on 03-31-2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$31,902.36 Changa this quarter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . -1.998.52 Your valua on 12-31-2005................................ .$31.817.77 Year-Io-dalachanga............................. ........ .-1 ,913.93 Personal Returns Your year-Ia-dala lotal portfolio relurn since 12-31-2005. . . . . . . . . . . . . -6.02% Your 12-monlh IOtal portfolio ralurn since 06-30-2005 . . . . . . . . . . . . . . . .0.04% Your averaga annual return since 12-28-1998................... .. .0.03"10 $50,000 This graph shows the value of your portfolio over time. It compares your Portfolio Value to your Net Amount. . The Portfolio Value is the total number of shares multiplied by the share prices of your accounts, . The Net Amount is your additions, minus all withdrawals. Please note, the Net Amount declines if you tab=> (-jividpnd5 .1111..1 capitill g.,lins in cash. The graph shows your portfolio va lue in regular intervals (i.e., each quarter end, each year end). It does not show highs and lows or returns. For Your Information $40,000 $30.000 PORTFOLIO VALUE NET AMOUNT $20,000 I $10,:] 1212. 1998 -~~_._- -I ,_ 12100 12/01 12/02 12/03 12/0' 121<l506106 . A complete portfolio review and guidance session can help you plan your future. Can an Investment Consultant at 1-800-422-3302. Together, we'll help make sure your plan gives you the most out of your investments. Call today -- it takes just a short amount of time and is currently available at no additional charge. . Start or i.1dd to your existing automatic investment for a simple way to help reach your goals during any market condition. Find out how automatic investing may increase your chances for long-term success at americancentury.com/autoinvest. IIIIIIII ..... ....................--..... ~ American Century Investments Quarterly Statement Period Ending June 30, 2004 Page 1 of 2 To the Household of Susan Quinn Moser 472 Rich Valley Rd Ca~lsle PA 17013.9077 001.06Jo Investor Relations 1-800-345-2021 american century .com 1,"111",111"""11,.11,1,1"11",1",11",11,,,1.,1,1,11,,1 Your value on 03-3t-2OO4. . . . . . . . . . . . . . . . . . . . . .$29,108.98 Change this quarter. ............................ .+506.98 Your value on 12-3t-2oo3..................... .$28,147.84 Year-to-date change. . . . . . . . . . . . . . . . . . ... . . . . . . + 1 ,468. 12 Personal Portfolio Performance Portfolio Velue This graph tracks the difference between your PortfoliO Value and Net Amount over time. 8The Portfolio Value consists of your share balances multiplied by the share prices of your accounts. 8The Net Amount Includes additions, minus all withdrawals. Please note, the Net Amount declines If you take dividends and capital gains In cash. See the beck of this statement for more detailed Information about your graph. Portfolio Return Your year-ta-date total portfolio return since 12-31-2003. . . . . . . . . . . . . . 5. 22% Your 12-month total portfoliO return sinCe ()6..3(}.2oo3. . . . . . . . . . . . . . .17.72% Your average annual return since 12-26-1998. . . . . . . . . . . . . . . . . . . . . -0. 14% "".000 "".000 NET AMOUNT PORTFOLIO VALUE $30,000 $20,000 $0 o.c 28 Dee 31 Dee 31 Dee 31 Dee 31 1998 1999 2000 2001 2002 Jun 30 2004 I lli E $10,000 ,~.- For Your Information 8 Investing In a mixture of stocks, bonds and cash can help you withstand up and down markets. Visit amerlcancentury.com to learn more about the long-term benefits of asset allocation. 8 Invest In your child's future success by saving for college today. Win a Learning Quest' 529 account and you can. Visit learnlngquest.comllnfollqsweepstakes to enter. Learning Quest Is edmlnlStered by Kenses State Treasurer Lynn Jenkins, CPA. Managed by American Century Investment Management, Inc. 8 Want to get on track and stay there to reach your long-term Investing goals? Set up an automatic Investing plan and Pay Yourself First'. To find out more, visit amerlcancentury.com/autolnvest or call us at 1-8n-345-B831. 1~1~llllm~1 6<~\lhii- F 11 of Ju1 2006, 11:44 PFG-FAX202 -)7175458558 Page 2 of 7 . ~. Finanel8/ Group QUARTERLY CONSOLIDATED STATEMENT April 1 51, 2006 - June 30th, 2006 PRINCIPAL LIFE INSURANCE CO CUST IRAOF SUSAN Q MOSER 472 RICH VALLEY RD CARLISLE. PA 17013-9077 YOUR REPRESENTATIVE INFORMATION PRINCIPAL CONNECTION 051000097 PRINCIPAL CONNECTION H-11 PO BOX 10423 DES MOINES IA 50392 PRINCIPAL INVESTOMS FUND PoRTFOLIO SUMMARY ACCOUNT NUMBER 00309937921 Beginning Value + Addltlonsl - Distributions! + Change in = Marl<et Value 4/112006 exchanges In Exchanges Out Market Value as of 06/3012006 SUSAN Q MOSER ROLLOVER IRA ACCOUNT NUMBER 0030993792 $12,654.85 $0.00 $0.00 -$416.35 $12.238.50 TOTAL INVESTMENTS $12,654.85 $0.00 $0.00 -$416.35 $12,238.50 ~ I PRINCIPAL INVESTORS FUND CONSOLIDATED PORTFOLIO ~LOCATIOH 39.2% . SHORT-TERM FIXEO INCOME, 00% [] FIXED INCOME, 0.0% . LARGE US EQUITY. 34.4% . SMALL/MIO US EQUITY 39.2% . INTERNATIONAL EQUITY, 26.4% . ASSET ALLOCATION 0.0% I FOR YOUR INFORMATION You should contact us immediately regarding any errors or discrepancies on this statement confirming your transaction(s). ThiS statement will be deemed correct if we do not hear from you within 90 days. Mutual Funds Distributed by: Princor Financial Services Corporation. Member SIPe, Member of the Principal Financial Group, P.O.Box 10423, Des Moines, Iowa 50306-0423. Page 1or6 QUARTERLY CONSOLIDATED STATEMENT April 1 st, 2004 - .1'11I11.I 11,_,"",,,,, 1 016 REPRESENTATIVE INFORMATION PRINCIPAL CONNECTION 051000097 PRINCIPAL CONNECTION H-11 POBOX 10393 DES MOINES, IA 50392 (800) 247-8000 rB!':' ~:,,:i81 Mutual Funds Distributad by Prineo. Financial Semell Corporation. Mamba, SIPC, a member of the Principal Financial Group. P.O. Box 10423. Oas Moinas, Iowa 50306.0423 Cliant Contact Centar.I8001247.4123 www.principal.com/funds 001407 PRINCIPAL LIFE INSURANCE COMPANY CUST IRA OF SUSAN a MOSER 472 RICH VALLEY RD CARLISLE, PA 17013-90n I PRlt.lClPllLiIN\fESTORS:\fUNO,p,:oRT~OSUMMARY' '..., ..'ACpoIJNTiNUMBER(, ~03099Sl!l2 Beginning Value + Additional - Distributional + Chenge In .. ~ 41112004 Exchengee In Exchange. Out Merket Velue' a'-"> SUSAN Q MOSER ROLLOVER IRA ACCOUNT NUMBER 0030993792 TOTAL INVESTMENTS $9,661.78 $0,00 $0,00 $0.46 $9,66,.24 $9,661.78 $0.00 $0.00 $0.46 , ':() ~A _I IPRfNC~4t,~B$~Qt4D,'CON~IJDATSo'PoRTF0B6 ~O~AtfON~, ,. " I:' :;,.: ,::<"":' ;:;c\'r/'-:, ':c /",i~;i;:!<:' .1 59.5% . STABLE: MONEY MARKET/SHORT-TERM BOND: 0.0""" II!ll CONSERVATIVE: HIGHlMEDIUM QUALITY BOND: 0.0% . MODERATE: LARGE BLEND,VALUE/MID VALUE/BALANCED: 19.6% . AGGRESSIVE: SECTORSlLARGE GROWTHlMID BLEND,GROWTHISMALLCAPS: 59.5% . DYNAMIC: INTERNATIONAL STOCK: 20.9% . LIFETIME: ASSET ALLOCATION: 0.0% --- ~- , I FOR YOUR INFQRMATiON , }; j PrlnCalle Around-the-clock fund and account information at your fingertips by calling 1-800-421-2298 II Internet ^" a shareholder you can access mutual fund information on the Internet by visiting the Principal Financial Group web site. You will need: . Internet Access . Our address-www.principa1.comlfunds . Your Social Security Number . 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MOSER 472 RICH VALLEY RD CARLISLE PA 17013 /I 0701 PREVIOUS BALANCE Sl - .... _n_g'. 0731 DIVIDEND THE ANNUAL PERCENTAGE RATE IS 1.00 THE ANNUAL PERCENTAGE YIELD IS 1.00 THE ANNUAL PERCENTAGE YIELD EARNED IS 1. 1 0701 0702 0706 0708 IE 0707 0708 0708 0708 0707 IE 0707 IE 0709 0709 071,2 o7T6"- 0719 0722 - -~ .----., -,.,~ IE 0719 IE 0722 0723 0723 0726 IE 0728 ...,,1 " PREVIOUS BALANCE S4 - -1I-.J1~16 DRAFT PAID 1553 DRAFT PAID 1552 DIRECT DEPOSIT 9001312930 SOLLENBERGER COL PAYROLL DRAFT PAID 1554 DRAFT PAID 1555 DRAFT PAID 1558 DRAFT PAID 1561 DEBIT/CHECK CARD TRANSACT IEVBASE4189 GIANT FOOD STORES 1263 ENOL DEBIT/CHECK CARD TRANSACT IEVBASE9177 GIANT FOOD STORES 1263 ENOL DRAFT PAID 1556 DRAFT PAID 1560 D,RAUI'~HI.~_ ~ DRAFT PAID 1563 DRAFT PAID 1562 DIRECT DEPOSIT 9001312930 SOLLENBERGER COL PAYROLL DEBIT/CHECK CARD TRANSACT IEZYOl 4749 FRANKLYN STUDIO CAMP HILL P DRAFT PAID 1559 DRAFT PAID 1565 DRAFT PAID 1564 DEBIT/CHECK CARD TRANSACT IEVBASE9613 US AIRWAYS, 0371083607 6PHIL DRAFT PAID 1566 .4." _nL ~"Ilf IEIECONTINUEDIEIE TOTAL DIVIDEND TW. TO-DATE lor ........ uapllllA. 1lIvidonds",-." 810 or_h~_bo !.IPII:l!Id III thIlO...... R..... ...... tar eNs...... YO". P P -11 -2 -8 -20 -18 DELPH I -13 TOTAL FINANCE CHARGE TW. TO.DATE lor . loans. NOTICE: ' Sa /I\'IIU Ildo "" iooptrlantln,.,.,dGn. 0712274 f~k~bt t J PAGE 1 STATUS REPORT FOR ERIEFLEX UNIVERSAL LIFE POLICY 00000811391 ON INSURED: STEVEN E. MOSER SUMMARY OF POLICY INFORMATION AS OF 09/18/2005: 1. POLICY COVERAGES ARE: ISSUE DEATH BENEFIT SPECIFIED DESCRIPTION AGE OPTION BENEFIT AMOUNT ----------- ------ -------------- BASIC POLICY BENEFIT 29 LEVEL 100000.00 WAIVER OF PREMIUM RIDER 29 42.50 2. POLICY VALUES ARE: 09/18/2004 09/18/2005 ACCOUNT VALUE 13831. 77 14959.70 SURRENDER CHARGE .00 .00 SURRENDER VALUE 13831. 77 14959.70 OUTSTANDING LOAN .00 .00 NET SURRENDER VALUE 13831.77 14959.70 3. THE CURRENT INTEREST RATE IS 4.7507.. OUTSTANDING LOANS ARE CREDITED AT 5.0007.. INTEREST IS CREDITED TO YOUR ACCOUNT FROM THE DATE OF RECEIPT OF EACH PAYMENT. 4. THE CURRENT STANDARD MONTHLY MORTALITY RISK CHARGE PER 1000 IS .27000. 5. THE CURRENT MONTHLY EXPENSE CHARGE IS $4.50. 0004050 ~xt.r),;f I< Kelley Blue Book - Trade-In Pricing Report - Toyota, Carmy Page 1 of3 .~!!!~:: 'c; j" .80ye ,....u: <'\1" ,.., ".<lif;">, USED CARS Home. > ,U.s,e.!tCar:s. > 19.9.6. > IQy..ota. > QlmIY > l.E..s.e.d.an.A.Q. > Equipment 1998 Toyota Camry LE Sedan 40 . Print This Page > Trade-In Value . Private Party Value ,^ Suggested Retail Value , Photo Gallery Review Free CARFAX Record Check N' Auto Loan from 5.89% APR Compare Insurance Rates ~' Payment Calculator SELL YOUR USE 0 CAR on Blue Book Classlfieds'" Reach millions of shoppers on kbb.com, Cars.com, and other popular sites. ... AUSEOCAR on Blue Book Classlfleds'" Toyota Carnry 30 Miles or less ZIP Code 117110 I To View Ads, Click ... BLUE BOOK- TRADE-IN VALUE. UJHAT" THIS, Condition Value ~adv -aT http://www.kbb.com/kb/ki.dll/kw.kc.ucp?kbb.P A;;P A043;& 1711 0&;443479&;;uct;&9;TO... 6/27/2006 Excellent $3,275 il.IJJHAT'S THIS, Good $2,860 (Selected) ;. WHAT':::: THIS? Fair $2,165 ...lJ.IHf'lT'$' THIS? NEXT STEPS: 0. Get Pricing on New Vehicles o Sell Your Sedan Vehicle Details Engine: 4-Cyl. 2.2 Liter Transmission: Automatic Drivetrain: FWD Mileage: 140,000 Selected Standard Equipment Air Conditioning Power Door Locks Power Steering Tilt Wheel Power WIndows Cruise Control o Cbjmge_~guJpment AM/FM Stereo Dual Front Air Bags ABS (4-Wheei) Selected Optional Equipment Single Compact Disc Blue Book Trade-In Value Trade-In Value Is what consumers can expect to receive from a dealer for a trade-In vehicle assuming an accurate appraisal of condition. This value will likely be less than the Private Party Value because the reselling dealer incurs the cost of safety Inspections, recondItioning and other costs of doing business. Vehicle Condition Ratings o Check Vehicle Title HistorY Kelley Blue Book - Trade-In Pricing Report - Toyota, Camry FIND THE RIGHT CAR Compare Used V5. New Under $5,000 Both New and Used Sedan To View List, Click View Another Vehicle Select Year... Or Search by Category ~ Or Change ZIP Code Excellent CK''ll:-..:.... $3,275 "Excellent" condition means that the vehicle looks new, is in excellent mechanical condition and needs no reconditioning. This vehicle has never had any paint or body work and Is free of rust. The vehicle has a clean title history and will pass a smog and safety inspection. The engine compartment is clean, with no fluid leaks and is free of any wear or visible defects. The vehicle also has complete and verifiable service records. Less than 5% of all used vehicles faUloto this category. m Good (Selected) OCOOJ $2,860 "Good" condition means that the vehicle Is free of any major defects. This vehicle has a clean title history, the paint, body and Interior have only minor (if any) blemishes, and there are no major mechanical problems. There should be little or no rust on this vehicle. The tires match and have substantial tread wear left. A "good" vehicle will need some reconditioning to be sold at retail. Most consumer owned vehicles falllnto this category. Page 2 of3 http://www.kbb.com/kb/ki.dll/kw.kc.ucp?kbb.P A;;P A043;& 1711 0&443479&;uct;&9;TO;E3 6/27/2006 .. Fair DDC:I~,,::ii $2,165 "Fair" condition means that the vehicle has some mechanical or cosmetic defects and needs servicing but is stili in reasonable running condition. This vehicle has a clean title history, the paint, body and/or Interior need work performed by a professional. The tires may need to be replaced. There may be some repairable rust damage, Poor cr%",,] N/A "Poor" condition means that the vehicle has severe mechanical and/or cosmetic defects and Is In poor running condition. The vehicle may have problems that cannot be readily fixed such as a damaged frame or a rusted-through body. A vehicle with a branded title (salvage, flood, etc.) or unsubstantiated mileage is considered "poor." A vehicle in poor condition may require an independent appraisal to determine Its value. * Pennsylvania 06/27/2006 Accurate Condition Appraisal I) Chance Condition Accurately appraising the condition of a vehicle is an Important aspect in determining Its Blue Book value. Taking our 16 question condition quiz will ensure you know the correct condition rating. NEXT STEPS: I) Get Pricing on New Vehicles I) Sell Your Sedan @2006KelleyBlue Book Co., Inc. All rights reserved. May-]un 2006 EditIon. The specific informatlon required to determine the value for this particular vehicle was suppfled by the person generating this report. Vehicle valuations are opinions and may vafY from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertInent to this particular vehicle or the transaction or the parties to the transaction. This report Is intended for the IndivIdual use of the person generating this report only and shall not be sold or transmItted to another party. Kelley Blue Book assumes no responSibility for errors or omissions. (v. 06058) Kelley Blue Book - Private Party Pricing Report - Toyota, Camry Page I of2 -~~ ,,, I". , fi'" lV;', , , ", , hU ~J1o~11 ~ ~nowif'''<J".)!oI'' ~,.I.', Tf"'~~-~' USED CAIUl ~EV E\',S 8. '<.ATINGS ADVICE FINANCING 6. N;)'U:;:P~CE Q F... Doll.' Price QuoIo Q liooldl ~ car Lilllngo ( BLUE BOOK PRIVATE PARTlIEPORT Pennsylvania' August 6, 2004 ..II , , i.fl _w ";.;:..1.......,, Segr~.h L,istingsforTbisCar L.istYQJJLCarfoLSale Online !3YLa New Car Free Record Check A1LtQJ..oansfroJJLJ,.9.5.%..A.LR Insurance Ouote. "rinl."FQLSale~'Sjgn I'c:tYffientCaJJ;.y\<ItoI t\:Id Oilallt lJl~pend(l!ii 1998 Toyota Camry LE Sedan 40 Engine: 4-Cyl. 2.2 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 120,000 '.';0;) Tr,',,'II! ,) ,.1., '-' ," ~, u ,IS. tlllCk it,. \' "'j C did' ',)1 ( . GET Equipment Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Single Compact Disc Dual Front Air Bags ABS (4-Wheel) Consumer Rated Condition: Good "Good" condition means that the vehicle is free of any major defects. The paint, body and interior have only minor (if any) blemishes, and there are no major mechanical problems. In states where rust is a problem, this should be very minimal, and a deduction should be made to correct it. The tires match and have substantial tread wear left. A clean title history is assumed. A "good" vehicle will need some reconditioning to be sold at retail; however major reconditioning should be deducted from the value. Most recent model cars owned by consumers fall into this category. ;;;>- Private Party Value SeaLc,b""L.o~,a.l ListinQs forI.bJs ,.,J $5,175 Private Party value represents what you might expect to pa a us a when purchasing from a private party. It may also represent the val u' might expect to receive when selling your own used car to another private party. GgtJLUs.e.Q Car Trade-In Value ~et1nvoi~_e_~_l1.S.RP Jm__New Cars GetjLP.erson~Person_AYtQJ,,-Q.~n http://www.kbb.comlkblki.dlllkw.kc.ur?kbb.P A;363896;P A041 & 170 13;+P&722;Toyota; 19... 8/6/2004 Kelley Blue Book - Private Party Pricing Report - Toyota, Camry Page 2 of2 j BLUE .OOK VALue FEEDBACK Copyright @ 2004 by Kelley Blue Book Co., All Rights Reserved. Jul-Aug 2004 Edition. The specific information required to determine the value for this particular vehicle was supplied by the person generating this report. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction. This report Is intended for the individual use of the person generating this report only and shall not be sold or transmitted to another party. Kelley Blue Book assumes no responsibility for errors or omissions.(v.0407S) http://www.kbb.com/kb/ki.dl1/kw.kc.ur?kbb.PA;363896;PA041&170 13 ;+p&722;Toyota; 19... 8/6/2004 E ><:JUb, + '-- Kelley Blue Book - Trade-In Pricing Report - Honda, Accord . Page 1 00 .~!'~ lil Quick Dealer Price Quote 0. Search Used Car Listings C Lis USED CARS ,tj,Qme > U::i,gd..~.ar~. > 2.O.Q1 > H.9Jlcta. > ~. >!.XS.ed~.!L4Q > Equipment .. Print This Page 2001 Honda Accord LX Sedan 40 -adv . Trade-In Value , Private Party Value , Suggested Retail Value , Photo Gallery , Review .. Shopping Tools Free CARFAX Record Check Auto loan from 5.89% APR J>' Compare Insurance Rates Payment Calculator SEll YOUR USED CAR on Blue Book Classlfieds™ Reach millions of shoppers on kbb.com, Cars.com, and other popular sites. Find out more, Click - BUY A USED CAR on Blue Book CIBsslfleds™ Honda Accord 30 Miles or less i ZIP Code 1171101 To View Ads, Click _ 'w~__~_,_.m...~~,'~"_"__,_,~,__,,~_,,,,_,~,_w_._,__~.___~~"~__.,____,_,,_,.,w.,m~_,,_,,_.,_,,_,,, BWE BOOK'" TRADE-IN VALUE, "-'HAT" lHIS? IlIiI More Photos NEXT STEPS: Condition Value Excellent $9,300 Jo.WHAT'$ THIS, Good $8,670 J.. WHAT'S THIS? (Selected) Fair $7,570 .lJ.lHl'lT'$ THIS? -at 0. C.bange_L:.Qll!llID.eJJt Selected Standard Equipment Air Conditioning Power Door Locks Power Steering Tilt Wheel Power Windows Cruise Control ""'~~_~_-"""~"m~'_'''''=~'''''_~''''''W_'''''''''~M~~_" 0< Get Pricing on New Vehicles 0< Sell Your Sedan AM/FM Stereo Dual Front Air Bags Moon Roof Trade-In Value Is what consumers can expect to receive from a dealer for a trade-In vehicle assuming an accurate appraisal of condition. This value will likely be less than the Private Party Value because the reselling dealer Incurs the cost of safety Inspections, reconditioning and other costs of doing business. 0< Check Vehicle Title History http://www.kbb.com/kblki.dll/kw.kc.ucp?kbb.PA;;PA043;&1 71 1 0&;648926&;;uct;&6;H... Vehicle Details Engine: Transmission: Drivetrain: Mileage: 4-Cyl. 2.3L VTEC Automatic FWD 55,000 Selected Optional Equipment Multi Compact Disc Blue Book Trade-In Value Vehicle Condition Ratings 6/27/2006 Kelley Blue Book - Trade-In Pricing Report - Honda, Accord , . FIND THE RIGHT CAR Compare Used VI. New $5,000 to $10,000 Both New and Used Sedan To View List, Click View Another Vehicle Select Year... Select Hake.., Select Model". fr Or Search by Category f Or Change ZIP Code - - Excellent DtXXJD $9,300 "Excellent" condition means that the vehicle looks new, is in excellent mechanical condition and needs no reconditioning. This vehicle has never had any paint or body work and is free of rust. The vehicle has a clean title history and will pass a smog and safety inspection, The engine compartment is clean, with no fluid leaks and is free of any wear or visible defects, The vehicle also has complete and verifiable service records. Less than 50/0 of all used vehicles fall Into this category. Page 2 of3 http://www.kbb.com/kb/ki.dlllkw.kc.ucp?kbb.P A;;P A043;& 171 I 0&648926&;uct;&6;HO;... 6/27/2006 Good (Selected) (.p--.a":~ $8,670 "Good" condition means that the vehicle is free of any major defects. This vehicle has a clean title history, the paint, body and Interior have only minor (If any) blemishes, and there are no major mechanical problems. There should be little or no rust on this vehicle. The tires match and have substantial tread wear left. A "good" vehicle wlll need some reconditioning to be sold at retail. Most consumer owned vehicles fall into this category. Fair rXXJ!':1Ii::~ $7,570 "Fair" condition means that the vehicle has some mechanical or cosmetic defects and needs serviCing but Is stili in reasonable running condition. This vehicle has a clean title history, the paint, body and/or Jnterlor need work performed by a professional. The tires may need to be replaced. There may be some repairable rust damage. Poor D':,'I':Ir.'I'.:i Nt A "Poor" condition means that the vehicle has severe mechanical and/or cosmetic defects and Is In poor running condition. The vehicle may have problems that cannot be readily fixed suCh as a damaged frame or a rusted-through body. A vehicle wIth a branded tltie (salvage, flood, etc.) or unsubstantiated mileage Is considered "poor." A vehicle in poor condition may require an independent appraisal to determine its vaiue. . Pennsylvania 06/27/2006 Accurate Condition Appraisal 0 Change Condition Accurately appraising the condition of a vehicle is an Important aspect in determining its Blue Book value. Taking our 16 question condition quiz will ensure you know the correct condition rating. NEXT STEPS: (I Get Pricing on New Vehicles (I Sell Your Sedan @ 2006 Kelley Blue Book Co., Inc. All rights reserved. MaYM}un 2006 Edition. The specific Information requIred to determine the value for thIs particular vehIcle was supplied by the person generating thIs report. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, speCifications, vehicfe condition or other particular c;,r:umst8f1ce5 pertinent to this partfcular vehicle or the transaction or the parties to the transaction. This report is Intended for the Individual use of the person generating this report only and shall not be sold or transmitted to another party. Kelley Blue Book assumes no responsIbility for errors or om/ssions. (v. 060SB) Kelley Blue Book - Private Party Pricing Report - Honda, Accord . . Page 1 of2 -~~~ , ..' f '1 _ /1 , ()SfI - -- ~-- KnowJedg,pdhie SdJ~~t. Te-anl 1_ unD CAIS REVJEl"iS & ~ATlNGS ADVICE FINANCING a. NSU;;:A~[E Q FreellHle' Polce QuoIa 0 _ ~ Car LiIIIlng. ( BLUE BOOK PRIVATE PARTY REPORT Pennsylvania' August 6, 2004 ,', .a' $J~JmtLListing!iJorTl'1i~.r:_ilJ jJ.~tY9.YL~j,j.[EoLSal~ Qnnne 6!.l.ya..N.e........r:.a r Free Record Check A.Y.to_l"oiill~Jrom.3,95% _APR Insurance Quote f'rlnt..."Eor.S_c:lle"..5.igo f'J'lymentCaJ!:ylator -~f!i'" '.thd. WI 2001 Honda Accord LX Sedan 40 Engine: 4-Cyl. 2.3L VTEC Trans: Automatic Drive: Front Wheel Drive Mileage: 35,000 ~ Your COIr.' Equipment Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Dual Front Air Bags Cruise Control Moon Roof AMJFM Stereo Multi Compact Disc --~ QrnbU11po: .I,::,~ '_0 Consumer Rated Condition: Excellent "Excellent" condition means that the vehicle looks great, is in excellent mechanical condition and needs no reconditioning. It should pass a smog inspection. The engine compartment should be clean, with no fluid leaks. The paint is glossy and the body and interior are free of any wear or visible defects. There is no rust. The tires are the proper size and match and are new or nearly new. A clean title l'1i~tQl'Y is assumed. This is an exceptional vehicle. lIIIl'",oR"W!~~ " \ Private Party Value SeMc:ILl"Qci!ll"i!;tingsJ9LTl'1iL r $13,3951 Private Party value represents what you might expect to pay r a u~ed . when purChasing from a private party. It may also represent t 0 might expect to receive when selling your own used car to another . e party. Get a Used Car Tr;;lde-In Value G~Lln\(9jJ;gJ~"-.MSRP__.9J1J~~gW ..Ca r_~ Get a Per~Person Auto Loan BlUE 800K VALUE FEEDBACK http://www.kbb.comlkblki.dlllkw.kc.ur?kbb.PA;944849;P A041 &;sed+p&903 ;Honda;200 1... 8/6/2004 Kelley Blue Book - Private Party Pricing Report - Honda, Accord . . Copyright @ 2004 by Kelley Blue Book Co., All Rights Reserved. Jul-Aug 2004 Edition. The specific Information required to determine the value for this particular vehicle was supplied by the person generating this report. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction. This report is intended for the Individual use of the person generating this report only and shall not be sold or transmitted to another party. Kelley Blue Book assumes no responsibility for errors or omissions.(v.0407S) http://www.kbb.comlkb/ki.dll/kw.kc.ur?kbb.P A;944849;P A041 &sed+p&903;Honda;200 1 ... Page 2 of2 8/6/2004 (") c ;:r.~_~f -7: ' (t) .~ >: .. ,..., = = "" ".. C" 0~ N ~ :r n1::!l r- ""Om ;u9 '~J(.I.. ~1}Ti ,...C) ::-s..m ;g .n -< -0 ::::t: t,..) N u:> a' Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, P A 17110 (717) 540-9170 (telephone) (717) 540-5481 (facsimile) cbovanowski(qlssbc-Iaw.com Attorney for Plaintiff, Susan Q. Moser SUSAN Q. MOSER., Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLANDCOUNT~PENNSYLVAMA : CIVIL ACTION - LAW v, : NO. 04-3988 CIVIL TERM STEVEN E. MOSER, Defendant : IN DIVORCE INCOME AND EXPENSE STATEMENT UNDER RULE 1920.31 I hereby file the Statement ofIncome and Expenses required under Rule 1920.31 and verify that the infonnation therein contained is true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. g4904, relating to unsworn falsification to authorities. Date: S/2Z-Jexo BY:~~ Q~ Susan Q. Moser, Plaintiff INCOME AND EXPENSE STATEMENT OF SUSAN O. MOSER INCOME FULL TIME: Employer: Sollenberger Colon & Rectal Surgery, Ltd Address: 1511 N. Front Street Harrisburg, PA 17102 Type of Work: Schedule Secretary Pay Period: Bi-weekly Gross Pay Per Pay Period: $962.50 Itemized Payroll Deductions: Federal Withholding $106.29 Social Security $59.68 Local Wage Tax $15.40 State Income Tax $29.55 Medicare $13.96 SUI $ .87 Heal1h Insurance $20.00 Retirement $57.75 Net Pay Per Pay Period $659.00 PARTTlME/ONLY AS FILL IN: Employer: Visaggio's Restaurant Address: 6990 Wertzville Road Enola, P A Type of Work: Bartender Gross Pay Per Pay Period: Annual gross income for 2005: $1,373.04 To-date gross income for 2006: $ 86.08 OTHER INCOME: MONTHLY Spousal support $1,422.00 TOTAL INCOME PER MONTH $2,849.83 HOME: Rent Utilities: Electric Gas/Oil Sewer Telephone Cellular TelephonelPager Water Cable Television and Internet fee Trash TAXES Personal INSURANCE: Renters Automobile AUTOMOBILES: Fuel Repairs Oil Changes EXPENSES MONTHLY $610.00 $ 39.56 $103.16 Included in rental charge $ 60.88 $ 51.65 $ 23.11 $ 91.32 Included in rental charge $ 1.00 ($10.00 per year) $ 7.33 ($88.00 per year) $ 58.41 ($701.00 per year) $200.00 $ 56.71 $ 22.59 Car Registration/Inspection fee $ 5.00 MEDICAL; Counseling Services $ 25.00 Doctor $ 3.00 Dentist $ 20.00 Medicine $ 45.00 PERSONAL: Clothing $ 50.00 Food $200.00 Lunch Money (work) $ 40.00 Hairdresser $120.00 Make-Up/Toiletries $ 30.00 Charge Card $210.00 Memberships $ 35.00 MISCELLANEOUS: PaperslBooksfMagazines $ 8.00 Entertainment $ 50.00 Vacation $100.00 Gifts $100.00 Legal Fees $250.00 Charitable Contributions $ 8.00 Veterinarian Pet Food Storage TOTAL MONTHLY EXPENSES $126.80 $ 25.00 $ 38.48 ($461.76 per year) $2,815.00 ,v '1, ~""'" ," "." r:r:--~L I" _,:,~"'~,~:)~IIJ.f:--";W='~~~~~~,~~,1:,~;~~YJ?,:,,- ,:t"r ~,.-"",',: ~N 1R~~r7""'Tr,1-:.:~"~:~-7"!::--.'~i"':;":~;'.JJI~~ '~~m~ ~ ,,- 'l'~/'" "-,,,,,"'~~., }l"'''''h'';;';'''~''i,'~a:1 "':':/.J-:::;";;",;"";~,,,;,,,j'fj;>1"/"',;.:\,~i' '<(',J ",: .~~ ;,."~"" ~ ~ ~/ 1>""" ~ '\ ~ y~ ?i "#' ,~/" '/ ?" , '" , ,i)ULLfNBER~ ~~LqN(lt'l!~Cr~I.1H7p't)-OOOl~d i\" \\\ i: tl:' \;",;\J \" %. ~ ~URGfRY LhD'~ ,~.~ .; J%, 1,,; y~, \, } r~ '; ~ 1 /;\ "b l\",(; ',~ "o-ch62~ '~ ;; , " 151HI Fit NI,STREeT ,,',' \ ",< if \.," ,<; . '," /' ',' " ""',',433 \ \,,/ \~."., .;'HARR1~94P,~),,,,,}ll,Q~'~i~~;l'; '",,,,,,p/ , 'yY ~::;'\W~:.!i<"I/.~,~:/7 "."""",.(_", ,:~;:; ""l<> " ,;/,"",,//,'/' ,/ -'. '/ -, -/ " ,::;;::'~"" ,"," i' ~ '~'i".l";;"'- ~' , ," '''~, "'!( ....\\ ii" \' \ (j(p ',"'('~ " ~ '; :::: " "."c: ~, '< ";;","\' ""';;;>.~ " ',~ ~ ;1 t oEPoS ir AMOuNT. **~'1"**::659.,OO;: ~1 <:' "?' i', ~' PAnO THE ORDER OF SUSAN Q MOSER 4172 ANTELOPE COURT APT 108 MECHANICSBURG PA 17050 VoIR,. AFTE~,!a~' day~ ""-/,"': /".'"--,,. **vHr~*~ , I ! i ~: ~NC BANK JEANNETTE.PA "': ,(<",: , ,,:':": ,;,','<~,. "'" ,:,,; "';<__', "';:"';":'-'-:';."" ,,;.; :''-''. ,;':"-Y'~;, ,,', ii'" ;;'" ~'VOIO"~'THIS IS NOTACHEtK'~"vbIb~"HH!S; IS" NOT A oiECK~"" " ',':'- " _',' ,,: ,'c. oEPOSlTACCOUMT 9006666804 . " """" J/ '';- . " ,--' ~ ",",'\0, No~ Negoiiablf{** , .,J i," \. \, ~51rD.~S) ~,> ". , " '"""," . .._.._............II_II...R'....n.....III...".........."II!IIIIM.IlI...II..m...........a_.._..R...."'_n'........._.......~_III~....IIIR1....rlRl1nn. .1t-FowANDR~O~-------------------------------------------------------Fo~-AAD~M~E-1f YOUR BANKING EARNINGS HOURS RA TE AMOUNT Y70 AMOUNT ITEM NET AMOUNT DEPOSIT TO ACCT # 659.00 0006666804 REGULAR 77.00 12.500 962.50 TOTAL EARNINGS 962.50 9500.02 EMPLOYER INfOHMA nON FlUNG STATUS TAX TYPE AMOUNT Y70 AMOUNT SOLLENBERGER COLON & RECTAL SURGERY LTO 1511 N FRONT STREET HARRISBURG.PA ]7102-2523 S 00 SOD 1.6% SOC SEC MEOICAAE FEDERAL PA SUI HRSBG 59.68 13.96 106.29 29.55 .87 15.40 589.01 137.77 ]045.27 291. 66 8.57 152.00 PAY PERIOD 04/23/06 TO 05/06/06 CHECK DATE 05/11/06 CHECK # 2906900997 TOTAL WITHHOLolNGS 225.75 2224.28 PERSONAL INFORI'vIATION ADJUSTMENTS AMOUNT YTO AMOUNT SUSAN 0 MOSER 4172 ANTELOPE COURT APT 108 MECHANICSBURG PA ]7050 SS# XXX-XX-I45] EMPL# 000015 DEPT# 000]00 HEALTH 401 K SIC USED 20.00 - 57.75 . ]95.00 - 570.02 - 10.00 TOTAL ADJUSTMENTS 77.75- Payrolls by Paychex, Inc, 0028 9760 0007 000]00 NET PAY 659.00 6510.72 VISAGGIO'S 386 Moser, Susan Q. Payday: 05/03/2006 Hours Worked Bart~pt. B.OO '\~ W4: M-OO PA: M-OO 516-04-1451 Pay Period From: 04/17/2006 To: 04/30/2006 Earnings Wages Type Amo!lr.!s Adjusted Gross Net Pay: 47.68 42.05 ?!O FlCATfl FICA Me Federal PA Sute Local SUI 86.0B ** ** Deductions AIl}!% 0.69 0.00 1.46 0.4B 0.04 YTp. 34 1.25 0.00 2.64 0.86 0.07 Memo Type Amt. No. 13331 Voluntary Adjustments Type Amt. To Date ~"~"V~'I1''lil_' , '~~.,..,.."" 'W '~,' > t\~ ",,' ~" . , 'i~.*i:t~'lh"M t~ t\:' "p',;: ~,,'~~~::~-,t.. ~ ~1li J", dt., ,: .,,,",.,:u _"~r, ~i/;H~1$t~ Form 1040 Label UsethelRS labet. Otherwise, please print or type. Presldentia' ElecdonCampalgn ... Check here if au or our ouseiffilin Filing Status 1 X Single 2 Married filing jointly (eve Check only 3 Married fHlng separately. one box. ... OMBNo, 1545-0074 Your soclalll8curlty number 516-04-1451 Spouse's social security number 'Department 01 the Treasury. Internal Revenue Service U.S. Individual Income Tax Return 0)anO' 'S. rb'1o.ij " I. 9 Forthe 811.rJa ,1-080.31 2005 orothertax serbs In In 2005 endln 20 SUSAN Q MOSER 4172 ANTELOPE COURT APT. 108 MECHANICS BURG , PA 17050 . 6a X Youree". If sorneon Exemptions b use . c Dependents: 1 Firstname Last name 22 Add the amounts in the far ri ht column for lines 7 throu 23 Educator expenses{aee page 29) 24 Certain business expenses of f9& basisgovemmentofficials 25 Health savings8ccountdedu 26 Moving expenses. Attach Fa 27 One- half of self. employmen . Attach S , 28 Self. employed SEP, SIMPLE, and qualified plans 29 Self. employed heallhinsurancededucticn (_page30) 30 Penalty on early withd rawal of savings. 31a Alimony paid b Recipienfs SSN ~ 32 IRA deduction (seepage3t) 33 SwdentJoan interest deduction (see page 33) 34 Tuition and fees deduction (aee page 34) . 35 Domestic production activities deduction. Attach Form 8903 36 Add lines 23 through 31aand 32 through 35 . 37 Subtract line 36 from line 22. This is our ad ustecl rosalncom. For D1aclosure, Privacy Act, and Paperwork Reduction Act Notice, He page 78. It more than tour dependents, see page 19. Income Attach Form(.) W-2here.A1ao attach Forms W-2Gand 1099- Rlftax WIS withheld. Ilyou did not geta W. 2, seepage22. Enclose, butdo not attach, any payment. Also, please use Form 1040- V. Adjusted Gross Income KBA (2) Dependenfs cial security numbe (3) Dependenfs relationship to ou d Totalnumberotexem tionsc 7 Wages, salaries, tips, e 8. Taxable Interest. Attach b Tlx- exempt interest. Do 9a Ordinary dividends. Attach Schedule B if required b Qualified dlvldends(seepage23) . 9b 10 Taxable refunds, credits, or offsetsot state and local Income taxes (see page 23) . 11 Alimony received 12 BusinesslncomeorOoss).AttachScheduleCorC-EZ. 13 Capital gain/(Ioss). Attach Sch D. [f not required check here 14 Other gains or .7 . 15a iRAdistributio 16. Pensionsan 17 Rental real 18 Farm incom e F . 19 Unemployment compensation . . . 20. Socialseouritybenefits . . ~ '" b ;'ax~bl~a~t 21 Other income. Ust type and amount (see page 29) 10 11 12 13 14 15b 16b 17 18 19 20b ~ 28 29 30 31a 32 33 34 35 ~ 1040120051 FD1040-1Vl.25 ~crm Sott~a . Copyright 1996. 2005 H&A Block Tax Services, Inc. .. . Dependenls on6cnol emered ebove - Add numb ere :bl~:s ... 25 071. 17 064. 42 135. 42 135. Form 1040 (2005) Form 1040 2005 Tax and Credits Standard b Deduction for.. . People who 40 checked any 41 box on line 42 398 or 39b or who can be claimed as a 43 dependent, 44 see page 36. 45 . All others: 46 Single or 47 MarrIed filing 46 separately, $5,000 49 Marrfed111lng 50 jolnllyor Qualifying 51 wldow(er), $10,000 52 Head of 53 hOUlehold, $7,300 54 55 56 57 Other 56 Taxes 59 60 61 62 63 Payments 64 If you have a 65 qualifying 66a child, attach b Schedule EIC. Refund Direcldeposlt? SeepageS9 and fill In 73b, 73c, and 73<1. Amount You Owe Third Party Designee Sign Here Joint retum? Seepage 17. Keep acopyfor our records. Paid Preparer's Use Only If line 71 is more than line 63, subtract line 63 from line 71. This is the amount you overpaid Amount of line 72 you want refunded to you . Routing number ... c T Accountnumber Amountofline72 cuwant. Amount you owe. Subtract Ii Estimated tax enal see 00 you want to allow another perso Yes. Complete the following. No Designee's name Phone no. PersonallDnumber ~ HR BLOCK ~ (717) 732-0766 (PINI~136877 Under penaltlee of perJury, I dltclerethatl h...... .xamined this r.turn and ecoompanying schedules and statements, and to the beet 01 my knowledge and belle', they are true, correct, and complete, Declaration of preparer (other than taxpayer) is baaed on all Information of whIch preparer has any knowledge. ~Yoursignature Date Your occupation Daytime phone number For Info Onl -Do not file R SCHEDULER Spouse'ssignature.lfajolntretum, both must sign. Date Spouse'soccupation For Info Onl -Do not file Preparer's signature Firm's name (or yours If self- em HOSER Amountfrom line 37 (adjusted gross income) . . 0 0 oao . 0 . 0 0 . Check {B YouwerebombeforeJanuary2,1941, Blind. } Total boxes if: Spouse was bom beforeJanuary2, 1941, Blind. checked'" 39a If your spouse Itemizes on IIseperate return or you were a dual. status allen, see pg 35 & check here ... 39b Itemized deductions (from Schedule A) or your standard deduction (see left margin) 0 Subtract line 40 from line 38 If line 38 isover$109,475, oryou provided housing to a person displaced by Hurricane Katrina, see page 37. Otherwise, multiply $3,200 by the total number of exemptions claimed on line 6d Taxable Incomeo Subtract line 42 from line 41.lfline 42 ismore than Iine41, enter- 0- Tax. Check ifany lax isfrom: aO Form(s)8814 bO Form4972 Alternative minimum ta Add lines44and 45 . Foreign tax credit. Atta Creditforchild and dep Creditforthe eldertyorth Education credits. Attach Form 8863 50 Retirement savings contributions credit. Attach Form 8880 51 Chlid lax credil (see page41). Attach Form 8901 if required 52 Adoption credit. Attach Form 8839 0 . . . . . . 53 Credits from: a 0 Form 8396 b 0 Form 8859 0 54 Other credits. Check ap licable box(es): a D Form 3800 b 0 Form 8801 c 8 329. 33,806. 42 3,200. 43 30,606. 44 4,321. 45 ~ 46 4 321. Add lines 47 through 65. Th Subtract line 56 from lin Self. employment lax. A . . SoclalsecUrityandMedl~' tip' men p x'lo ttachForm4137. Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required Advanceeamed Income credit payments from Form(s) W-2 Household employment taxes. Attach Schedule H ~ 4,321. 4 321. 2,771. Preparer'sSSN or PTIN P00334261 EIN 25-1820203 Phonenc. 717 732-0766 Form 1040 (2OOS) 104012005\ f,D1040-2V1.25 Form Softwafe Copyright 1996. 2005 H&A Block ax Servlces,lnc. Form 2210 **PO NOT FILE** Underpayment of Estimated Tax by Individuals, Estates, and Trusts .. See aeparate Instructions. ~ Altach 10 Form 104O,104OA, l040NR, 104ONR-EZ,orl041. OMS No. 1545.0140 0;)(,0'105 ~~" . Attachment 06 S uence No. Identifying number 516-04-1451 Department of IheTrealSury Internal Revenue Service Name(s) shown on tax return SUSAN MOSER Do You Have To File Form 2210? Yes r Do not file Form 2210. You do nolowea penalty. J'we a penalty. Do notftle Form 2210 (but w applies, you must file page 1 of 10 below. Doeabox B,C, orDapply? No I You must figure your penalty. Do "otfll8 Form 2210. You are not required to figure your penalty becausethe IRS willflgure itand send youablllforanyunpald amount. lfyouwanttoflgure It, you may use Part III or Part IV asa work enter your penalty amount on your tax do notftle Form 2210. You are not required to figure your penalty because the IRS will figure itand send you a bill for any unpaid amount. If you want to figure it, you may use Part III Pa aworksheetand enteryourpenalty n your tax return, butllle onty page 1 of 10. ment a n 1 Enteryour2005 tax after credits from Form 1040, line 57 (or corn parable line of your return) . 2 Other taxes, includingself-employmenttax(seepage20fthelnstructions). . . . 3 Refundable credits. Enter the total of you reamed income credit, additional child tax credit, credit for federal tax paid on fuels, and health coverage tax credit for eligible Individuals . 4 Current year tax. Combine lines 1, 2, and 3. If less than $1 ,000, see page 3 of the Instructions. 5 Multiplyline4 by 90% (.90) . 5 6 Withholding taxes. Do not Includ 7 Subtract line 6 from line 4, If less a Maximum required annual pay 9 Required annual payment En Next: Is line 9 more than line 6 . . D No. You do not owe a penalty. Do not1lle Form 2210 unless box E below applies. [X] Yes. You may owe a penalty, butdo not1lle Form2210unlessoneormoreboxesin Part II below applies. . Ifbex B, C, or Dapplies, you mustfigureyourpenaltyand file Form 2210, · IfonlyboxAorE (or both) applies, file only page 1 of Form 2210. You are not required to figure your penalty; theiRS will figure it and send you abillforanyunpaid amount. If you want to figure yourpenaity, you may use Part III orPartlVasa worksheet and enteryourpenaltyon your tax retum, but1lleonlypage1 of Form 2210. 'PMi1[ Reasons for Filin . Check a ot file Form 2210. 4,321. ) 4,321. 2 771. 1,550. 3 889. A D You requestawalver (see page 2 of the inst of Form 2210, but you are not required to fig B D Yourequestawaiver(seepage2oftheinst reyourpenaltyandwalver ameuntand file Form 2210. C D Your income varied during the year and your penalty is reduced or eliminated when figured using the anl}uallzed Income Installment method. You must figure the penalty using ScheduleAI and file Form 2210. o 0 Yourpenaltyislowerwhen figured by treating the federal inoometaxwithheld fromyourwagesaspaid on the datesitwasactuallywithheld, Instead of In equalamountson the payment due dates. You must figure your penalty and file Form2210. E 0 You filed orarefiling ajointretum forelther2004or2005, but not for both years, and Iine8 above is smalerthan line 5 abova. You must fila page 1 of Form 2210, but you are not required to figure your penalty (unlass box B,C, orDaDDliesl. KBA For Paperwork Reduction Act Notice, see page 6 of ..parate Insb'uctlons. Form 2210 (2005) 2210/2005\ FD221D-1Vl.ll ~orm Softwefe Copyright 1996 - 2005 H&R Block tax Services, Inc. MOSER 516-04-1451 Pa 62 You may use the short method if: . You made no estimated tax payments (or your only payments were withheld federal income tax), or . You paid estimated tax in equal amounts on your due dates. ~I~ You do not need to file Form 2210 unless you checked a box in Part II on page 1. You must use the regular method (Part IV) instead of the short method if: . You made any estimated tax payments late, . You checked boxCorDin Part II, or . You are filing Form 1040NRor 1040NR- EZand you did notreceivewagesasan employee subject to U. tax N te, you may use the short method, but using it . method. Ifthepaymentwasonlyafewdays 11 Entertheamount, if any, from Form 2210, line 6 11 2,771. 3,889. 10 Enter the amount from Form 2210, line 9 12 Enterthetotalamount, if any, of estimated tax 13 2 771. 13 Add lines 11 and 12 . 14 Totel underpayment for year. Subtract IIn not owe the penalty. Donolnle Form 2210 14 1,118. 15 Multipty line 14 by .04457 (use the factor shown in the Instructions II you are eligible lor hurricane relieQ . 16 . If the amount on line 14 was paid -on or after 4/15/06, enter - 0- . . If the amount on line 14 was paid before 4/15/06, make the followIng computation to find the amount to enteron Una 16. Amounton Numberofdayspaid line 14 X belore4l15106 X .00019. 17 Penalty. Subtractlln6161romlln ndonFo 0,1i 1040A Iine4S' Form 1040NR lin 26'orFo 11 50. 16 o. ~ 17 50. Form 2210 (2005) 221012005\ FD221G-2V1.11 Form $oflwafe CopyrIght 1996. 2005 H&R Block tax ServlclI8, Inc. SCHEDULE A (Form 1040) Department of the Treasury Internal RevenueServlcll 9 Name(s) shown on Form 1040 SUSAN MOSER Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses (see page A- 2) Dental Expenses Taxes You Paid (See page A- 2.) Interest You Paid (See page A. 5.) Note. Personal l"tarsalia not deductible. Gifts to Charity If you made a gift and gota benefitforit, eeepageA-7. Caaually and Thall La_a Job Expenses and Certain Miscellaneous Deductions (See page A- 8.) 23 24 25 26 Othar 27 Miscellaneous Deductions Schedule A - Itemized Deductions ~ 2 Enter amount from Form 1040,line38 3 Multiply line 2 by 7.5% (.075) . 4 Subtract line 3 from line 1. If lin ' 5 Slate and local (check only . ox): I [i] Incometaxes,or .::' b 0 General sales taxa e p~ ~ 6 Realestatetaxes(seepageA ~.:<- . 2 7 Personal property taxes . 8 Other taxes. Usttypeand amount.... 9 Addlines5throu he 10 Home mortgage interest and points reported to you on Form 1098 11 Home mortgage interest not rep' 1 If to th person from whom you boug .. d show that person's name, id 12 Points not reported to you on Form 1098. SeepageA-6forspecial rules. 13 Investment interest. Attach Form 4952lfrequlred. (SeepageA-6.) 14 Addllnes10lhrou h13 15a Total gifts by cash or check. If you made anyglftof$250 or more, seepageA- 7 VARIOUS 15b alfts by ouh or che electtotreatuqu 16 Olherlhanbyca eeepageA- 7. Yo 17 Carryover from p 18 Add lines 15a, 1 19 20 Unreimbursed employee expenses -lob travel, union du.., Job education, etc. Attach Form 2106 or 2106- EZ If required. (See page A- S.) .. 21 Taxpreparationfees , 22 Other expenses -Investment, safe Addlines20through22 . Enter amount from Form 1040, line 38 Multiply line 24 above by 2% (.02) Subtract line 25 from line 23. Ifline25 Is more than line 23 enter-a- Other- from list on page A- 9. Usttypeand amount .. A'l''l'ORNEY FEES 28 Is Form 1 040,IIne 38, over $145,950 (over $72,975 if married filing separately)? ~ No. Your deduction isnotlimlted. Add theamountsln the far right column } for lines 4 through 27. Also, enter this amount on Form 1040, line 40. DYes. Your deduction maybe limited. See page A- 9fortheamountto enter. 29 If ou elect to Itemize deducllone even thou h the are less than our standard deduotlon cheok here KBA For PapelWork Reduction Act Notice, see Form 1040 Instructions. 1040-SchAl2005\ FOA-1V1.9 Form Software'Cop-yi1ght 1996 - 2005 H&R Block tax Services, Inc. Total Itemized Deductions OMS No. 164lHXl74 ~(9)05 Attachment Se uence No. 07 Your social security number 516-04-1451 1,229. 1 229. 100. 7,000_ 7 000. Schadula A (Form 1040) 2005 -.J 0500119003 L PA -40 - 2005 Pennsylvania Income Tax Return ENTER ONE LETTER OR NUMBER IN EACH BOlt Do Not Use Your Preprinted Label 516041451 MOSER SUSAN Q Occupation S SinglelMarried, Filing Jointiy/Married, Filing Separately! Final Return/Deceased Date of death 4172 ANTELOPE COURT APT 108 MECHANICSBURG 717 232 4567 18 Gross Compensation. Do not include exempt Income, such 8S combat zone pay and qualifying retirement benefits. See the Instructions. 1a 26475 1b Unreimbursed Employee Business Expenses. 10 NetCompensatlon. Subtract Un 1 1b o 26475 2 3 4 o o o Interest Income. Complete PA Dividend and Capital Gains DI e PASch Net Income or Loss from the Operation ota Business, Profession, or Farm. 4 S S 7 8 9 Net Gain or Lossfrom the Sale, Exchange, or Disposition of Property. Net Income or Loss from Rents, Royalties, Patents, or Copyrights. Estate orTrust Income. Complete and submit PA Schedule J. Gambling and Lottery Winnings. Complete and SIJ I'T' f* ~ . TotalPAT8xablelncome. Add only the positive amou" 2,3,4,S,S,7,andB.DONOTADDanyloeeesre .. . e ,0 Medical Savings Account CAunON. See the ructions. ..:th. your Federal Income Tax return. Do not deduct medical expenses or insurance. Adjusted PA Taxable Income. Subtract Una 10 from Una 9. 5 6 7 8 9 o o o o 26475 10 10 11 o 26475 11 ~ EC Pagel 012 FC L 0500119003 -.J IT] D:DJ:IJ IT] 0500119003 --.l 0500219001 L PA.4Q.2005 Social Security Number 516041451 Name(s) SUSAN Q MOSER N 12 13 14 15 16 17 18 19a 00 19b 00 20 }'721 22 23 24 25 26 27 813 813 12 PA TaxUablllly. Multiply Une" by 3.07 percent (0.0307). 13 Total PA Tax Withheld. Seethe instructions. 14 Credit from your2004 PAlncomeTax retu 15 2005 Estimated Installment Payments. 16 2005 Extension Payment. 17 NonresidentTax Withheld from your PA Sc . NR 18 Total Estimated Paymentund Credits. Add Unes 14,15, 16, and 17. o o o o o Tax Forgiveness Credit. 198 Filing Status: 01 Unmarried or Separated 02 Married 19b Dependents, PartS, Une2, PAScheduleSP. 20 Total8igibllity Income from PartC, Une 11, PASchedula SP. 21 Tax Forgiven... Credit from Part 0, Une 16, Ie 03 Deceased 22 ResidentCredlt. SubmltyourPASchadul 23 TotelOtherCredits. SubmityourPASchadu 24 TOTAL PAYMENTS and CREDITS. Add Unes 13 and 18, 21, 22, and 23. 25 TAX DUE. If Une 12 is more than Une 24, enter the difference here. 26 Penalties and Interest. See the Instructions. If attaching form REV- 1630, mark the box. o o o o 813 o o 27 TOTAL PAYMENT. Add Unes25 and 26. 28 OVERPAYMENT.lfUne24ismo the difference here. Thalolal 01 Unaa 29lhrough 29 Refund- AmountofUne28yo 30 Credlt- AmountofUne28yo estima 31 Amount of Une 28 you want to donate to the Wild Resource Conservation Fund. 32 Amountof Une 28 you want to denateto the Military Family Relief Asalstance Program. 33 Amount of Une 28 you want to donate to the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund. o o 31 32 33 o o o o o 34 Amount of Une 28 you want to donate to the Juvenile (Type 1) Diabetes Cure Research Fund. 35 Amountof Une 28 you wantto donate to the Brea Research Fund. 34 o Your Signature FOR INFORMATION ONLY Preparer's Name and Telephone Number 35 o L 0500219001 732-0766 I I Preoarers SSNlPTlNlEtN I (717) 251820203 Page 2012 0500219001 ...J HAND R BLOCK --.l 0501910012 WAGE STATEMENT SUMMARY PA-40W-2S(09-05) 2005 OFFICIAL USE ONL Y Name Summa ofPATaxableEm 10 ee Non-em 0 ee and MlscellaneouaCom nsatlon Social Security Number MOSER 516-04-1451 Uaelhla achedulelo lIatand calculats your total PA tsxable compeneation and PA laxwllhheld from all sourcea. Part A I nstructlona: Ust each Federal Form W- 2 you and your spouse, if married, received from your employer(s). In the first column enter T for the taxpayer's Social Security Number that appears first on the PA tax return and enter S for the second or spouse SSN. from the Forms W. 2, enter each employer's Federal Employerldentifioatlon Number (ElN). Enter the amounts from the Forms W- 2 in each column. IMPORTANT: You do not have to submits copy of your Form W- 2 if you earned all your income In Penn ania and ouremplo ar reported yourPA wages correctly and withheld the correctamountofPAincometax. Youmustsubml in. . .>, ne ., the PAScheduleW-2S instructions fora list of when a copy of a W~ 2 is required. PartBlnstructlons: Usteach source of PAtaxa Enter each payer'snarneand identification nurn amount of other compensation that you earned. . and PA columns. ~f!t) l. i IMPORTANT: You must submit a copy of each form and staternentthatyou list in Part B, whether or not the payer withheld any PAincorne tax. CAUTION: The federal and Pennsylvania (state) wages may be different. SUSAN . a form or statement other than a Federal Form W- 2. . rceofyournon- employee compensation. Enterthe ated amounts, entertheamountshown in both federal If you need more space, you may photocopy this IKlhedule or make your own schedules In this formal Part A - Federal Forms W- 2 TIS Employer EIN from box b T T 23-2527410 23-2144752 PA(state) compensation from box 16 25,102 0 1,373 0 PA(state) Inoometax withheld from box 17 771 0 42 0 Payer Name 813 0 PartB- MlscellaneouaandNon-em YOU TIS PA (state) tax withheld Total Part B- Add the Penn Ivanla columns o o 0 TOTAL- Add the totals from PartsAand B Enter the TOTALS on our PA tax return on: 26 475 0 Unela 813 0 Une13 CODES: A. Executor!ee B. Jurydutypay C. Dlrectorsfee D. Expertwllnessfee E. Honorarium F. Covenant not to compete G. Damages or settlement for lost wages, other than personallnju ry H. Othernonemployeecompensation. Describe: I. Eartydistribution from retirement, pension, ordeferred compensation plan. L 0501910012 0501910012 --.l I FORM 531 i WEST SHORE TAX BUREAU PHONE: 717-761-4900 WEB SITE: WWW.WESTAIWRG Please' ;risethe enClosed re:~'ci1~eio~e a~~"the ""appropriate.'mailing: labels:' to file this Return FINAL EARNED INCOME TAX RETURN CALENDAR YEAR t~;ii~~~9,R?);ifi'l PLEASE FILE THIS RETURN BY APRIL 15TH EVEN IF NO TAX IS DUE OR IF IT HAS ALL BEEN WITHHELD Reference # TIP A: 623001 ******..*****.*AUTOCR "*RO 18 1.,.111...111....1.1.11...1...1.11...1..1...11..11.,.11...11.1 MOSER SUSAN Q 4172 ANTELOPE CT APT 108 MECHANICSBURG,PA 17050-7641 Reference # TIP B: MUNICIPALITY: HAMPDEN TWP 055 -=:> 1. Gross Earnings Enclose W-2's, 1099's, or explain othc! income 2. Allowable Non-Reimbnrsed Employee Bnsiness Expenses Include detailed Statement of expenses (FA Forms UE-I, UE-2 and all supporting documents) 3. Taxable Earnings (Line I minus Line 2) Audit may be required if all W-2's, 1099's and supporting documents are not attached or other income is not explained 4. Net Loss (Use Line 8 for any Net Profits) Attach PA Schedules C, F, RK-I and/or NRK-I NOTE: PA Schedule C-F Reconciliation is not acceptable. 5. Snbtotal (Line 3 minus Line 4) IF LESS TIlAN ZERO - ENTER ZERO :: d-LPLf?oJ). ~ 6. Net Profits (Use Line 4 for Net Losses) Include PA Schedules C, F, RK-I and/or NRK-I 7. TOTAL EARNED INCOME SUBJECT TO THI~~ (Line 5 plus Line 6) 8. Tax Liability Line 7 multiplied by tax rate Lh..1rJee back of Return for tax rates) 8. 6. '{c; L/ 7::;-' ~o 4 ~(()() 7. 9. Quarterly Estimated Payments 9, 'i.j .-~ - 16'-. 10. Earned Income Tax Withheld as per attached W-2 's 10. II. Credit from last year 11. 12. Miscellaneous Credits Please see Instructions for calculating Out-Of-State 12. Tax Credit or Credit for Philadelphia Tax Withheld. 13. TOTAL of 9 + 10 + II + 12 13. 4 (:0:8 14. REFUND/CREDIT Subtract Line 8 from Line 13 14. NO REFUNDS OR CREDITS LESS TIlAN $1.00 () Credit to next year () Refund IS. TAX DUE If Line 8 is greater than Line 13 - subtract Line 13 from Line 8 IS. A1v!OUNTS LESS TIlAN $1.00 NEED NOT BE PAID 16. Interest + Penalty (1% per month after April 15th) 16. ~, 0<6" . MAKE CHECKS PAYABLE TO WEST SHORE TAX BUREAU. A FEE OF $20.00 WILL BE CHARGED FOR RETURNED CHECKS. I declare under penalties of perjury that I have uamined this return and to the best of my kDowledge and belief, it is . true, accurate 8Ild complete retu~. E-Mail Daytime Telephone II 4Sd E-Mail Daytime Telephone Preparer's Name EMPLOYEE W-2 WAGE SUMIIARY 2lllI5 -- -. 10000IEIIIII COLOI & BECTAL I_LTD lilli_IT _IIIIIG PA 1711! --.- I'A WIIIIIIOLOIIIll __ _WAlIIRIB_ DllU4 IUS. Q IICIID an AIIl1llII'E COURT APT 1. M_IClIUIltl PA 1_ - The chart beJow _ your 21105 voIunwy ~ ...~._ which _ __~. _......1-1. or did not _lNIAlyour~ w_c.sox'I--- VOUIIITAIY AIlJUSTIIEll11l ... IlfALTH mAMOURT 1_ SlUI I . I . RDEllAl.WAlII .,.... ... 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SenD ".. ~ ~;\~. ,....; ~,-"" I.:J ~_ ~ q, ~:Q '''hJ :%7 ~:?\s;,? ;'~-J) <:_'~:C) ;l >~) to ~ 'z ~ ? -''''- ~ ~? d' "P.':. :;s 1'-' - ....., (t: ,,) ...0 Cara A. Boyanowski, Esquire Pa. Supreme Court ID No. 68736 SerrateIli, Schiffinan, Brown and Calhoon, P.C. 2080 Linglestown Road, Suite 20 I Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Attorney For Plaintiff SUSAN Q. MOSER, Plaintiff : IN THE COUR OF COMMON PLEAS : CUMBERLAN COUNTY, PENNSYL VANIA STEVEN E. MOSER, Defendant CIVIL ACTIO -LAW IN DIVORCE vi. : NO. 04-3988 C VIL TERM WAIVER OF NOTICE OF INTEN ION TO REQUEST ENTRY OF A DIVORC DECREE UNDER 3301 C OF THE DIVOR E CODE 1. I consent to the entry of a final decree of divorce Without notice. I 2. I understand that I may lose rights concerning alimqny, division of property, lawyer's I I fees or expenses if I do not claim them before a divorce is granted. I , , 3. I understand that I will not be divorced until a divorpe 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 an~ correct. I understand that false I I statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. Date: I ~-I- Olp By: Susan Q. Mos r, .Qef8H8QAt o c: if f~~ "'~~:: r- F~! ,- ~~', ,i }.-; ~; :::::::i -< N C'::. ~ c-,. ~ CJ , c.n ~ -- ..... 9 c..u ~ ~ 5! nl iJJ (:1 f1-, -;"]0 ~~) "' ,} ~c:O drn -~ $ --<.; Cara A. Boyanowski, Esquire Pa. Supreme Court TO No. 68736 Serratelli, Schiffman, Brown and 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Attorney For Plaintiff Calhoon, P.C. SUSAN Q. MOSER, Plaintiff : IN THE COUR OF COMMON PLEAS : CUMBERLAN COUNTY, PENNSYL VANIA CIVIL ACTIO -LAW IN DIVORCE vi. STEVEN E. MOSER, Defendant AFFIDAVIT OF CONSENT I 1. A Complaint in Divorce under ~3301(c) of the Divprce Code was filed on August 12, 2004. 2. I The marriage of Plaintiff and Defendant is irretrie~ably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint; 3. I consent to the entry ofa final decree of divorce afttr service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true a~d correct. I understand that false , I I statements herein are made subject to the penalties of 18 Pa.C.$.A. ~4904 relating to unsworn falsification to authorities. Date: I~-' -Olp B () c S -ocr: r'n rr~ Z:.J Z[- cr.~ ./. '~~~ :;"7"'".,__ :;:=::( . )>~ =::i -< r--:> = = 0"'\ o rr; (""') I Ul o 11 -f -r m:D I -om ~6 -r-t"l ~:~~ ~ ~i5 -< J> ::r o C.) 1.0 Cara A. Boyanowski, Esquire Pa. Supreme Court 10 No. 68736 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Attorney For Plaintiff SUSAN Q. MOSER, Plaintiff : IN THE COUR OF COMMON PLEAS : CUMBERLAN COUNTY, PENNSYL VANIA v. : NO. 04-3988 C VIL TERM STEVEN E. MOSER, Defendant CIVIL ACTIO - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301(c) of the Di~rce Code was filed on August 12, I 2004. 2. The marriage of Plaintiff and Defendant is irretrie~ablY broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this Affidavit are true mtd correct. I understand that false statements herein are made subject to the penalties of 18 pa.c.t.A. S4904 relating to unsworn falsification to authorities. Date: Id..un I, :2 DC) b , By: SocialSecuri NO.-=--_' ~ o c. ~;: -0('-; t;.l {{ , ~_.-' .._~ /,~= ~ UJ S~ .:-~"'~ .. ~:'~ :2 ~ L-::::> t;:1'" o f"'l1 C"J , (..:I ~ ..-\ :J:-n rn r:. :~~J ;')(.1.. ~_:-I~/ :....-: :.~,-: ~ :;J:. 9 w Ui .'-~ .~-c::-: ~~~ ~J\ (3 ~ ~ Cara A. Boyanowski, Esquire Pa. Supreme Court ID No. 68736 Serratelli, Schiffman, Brown and Calhoon, P.c. 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Attorney For Plaintiff v. I I : IN THE COURt OF COMMON PLEAS : CUMBERLANq COUNTY, PENNSYL VANIA ~ NO. 04-3988 C~VIL TERM CIVIL ACTIO~ - LAW IN DIVORCE I SUSAN Q. MOSER, Plaintiff STEVEN E. MOSER, Defendant WAIVER OF NOTICE OF INTEN ION TO REQUEST ENTRY OF A DIVORC DECREE UNDER 3301 C OF THE DIVOR E CODE i I consent to the entry of a final decree of divorce 1thout notice. [ understand that I may lose rights concerning aIimtny, division of property, lawyer's fees or expenses if I do not claim them before a divorce is grante~. 1. 2. 3. I understand that I will not be divorced until a divotce decree is entered by the Court and that a copy of the decree will be sent to me immediately after lit is filed with the Prothonotary. I verify that the statements made in this affidavit are true anp correct. I understand that false statements herein are made subject to the penalties of 18 pa.c.t.A. ~4904 relating to unsworn falsification to authorities. Date: IJcIA.. 1/ Lad G , By: (') :;: LJ:S:' 9?F!:J zi;; ::: r-''';: ;~ !i~:" '- < -~'i ....., ,...,., ~ c:;, r:-: c-:> I c.n :l::':o ,.. - 25 " W \.0 ~ ::;J ['71 :n -oF; ':-)0 qc -,..: -r) r)'7 :'"'0 On; -/ 55 -< SUSAN Q. MOSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 3988 CIVIL STEVEN E. MOSER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this \~ day of ~/ , the procee~ingS h~Vlng been 2007, the economic claims raised in resolved in accordance with an agreement dated December 29, 2006, 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, Q~j~ Edgar B. Bayley, P.J. , cc: ~ara A. Boyanowski Attorney for Plaintiff rHubert X. Gilroy Attorney for Defendant fr; ;5 wQ 0""--; --- c: tL.. -'j u-F: Qc 6Q: UJ~- ;dw u-~ u.. o o M .. (0 :c ;....:r ~ 5< 3~ :\;J ~ "'~,... c' (J) "'.t." ::...-, ;:~GJ ':~1) {~ ~'~ ..:::,) D r- z <: --:l r-- c::=lI c::;:l c--J Cara A. Boyanowski, Esquire Counsel for Wife AGREEMENT BETWEEN SUSAN Q. MOSER AND STEVEN E. MOSER Hubert X. Gilroy, Esquire Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction 3 SECTION II: General Provisions 4 SECTION Ill: Alimony and Alimony Pendente Lite Provisions 10 SECTION IV: Property Distribution Provisions 11 SECTION V: Closing Provisions and Execution 15 SECTION I INTRODUCTION THIS AGREEMENT made this R,q4..h day of ~CJ..,mbJJu ,2006, by and between SUSAN Q. MOSER ("Wife") and STEVEN E. MOSER ("Husband"). WITNESSETH: WHEREAS, Susan Q. Moser, Social Security Number 516-04-1451, was born on May 17, 1969, and currently resides at 4172 Antelope Court, Apartment 108, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, Steven E. Moser, Social Security Number 212-84-4566, was born on December 24, 1959, and currently resides at 472 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania 17013. WHEREAS, the parties hereto are Husband and Wife, having been married on October 26, 1991, in Harrisburg, Dauphin County, Pennsylvania. Wherein after, the parties separated on June 5, 2004. WHEREAS, the union of the parties produced no children. 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, THEREFORE, 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 agrees as follows: SECTION n 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 fmal 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. 'Ibis 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 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. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife 4 by her attorney, Cara A. Boyanowski, Esquire, and to Husband by his attorney, Hubert X. Gilroy, Esquire. The parties acknowledge that they fully understand the facts and have been fully infonned 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 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. FINANCIAL DISCLOSURE The parties confirm. that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 8. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 5 9. 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 joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 10. 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. 11. 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 rights and obligations which either may have or at any time hereafter 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 6 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 from 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 existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtsy, 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 right 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, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS Each party will keep and preserve for a period offour (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. 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 7 waiver of any subsequent default of the same or similar nature. 14. 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 Agreement. 15. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and asSIgnS. 17. 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. 18. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after 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 8 this Agreement. 19. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions ofthis 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 hereofbe 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. 20. SEVERABILITY 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 anyone 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. 21. 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 Susan Q. Moser, 4172 Antelope Court, Mechanicsburg, Pennsylvania 17050, or counsel for Susan Q. Moser, 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 Steven E. Moser, 472 Rich Valley Road, Carlisle, Pennsylvania, or counsel for Steven E. Moser, or such other address as Husband from time to time may designate in writing. 22. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are 9 inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION In ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS AND HEALTH INSURANCE PROVISIONS 1. SPOUSAL SUPPORT ORDER Wife acknowledges that on August 25,2004 she filed a complaint in support with the Cumberland County Domestic Relations Office, at docket number 00764 S. 2004 and P ACSES Case Number 218106681. Wife agrees, within ten (10) days of the filing of a final Decree in Divorce, she will notify the Cwnberland County Domestic Relations Office, in writing, that the support account should be terminated, effective January 1,2007. Thereafter, Husband's obligation to provide monthly spousal support payments to Wife shall cease. 2. ALIMONY A. Amount and Term of Monthly Alimonv Payments - Husband shall pay to Wife, commencing on January 1, 2007, as alimony, the sum of One Thousand Four Hundred Twenty-Two ($1,422.00) Dollars, per month, for a period of four (4) years. All monthly alimony payments shall be made to Wife no later than the first day of each month. Husband and Wife agree that all alimony payments are to be made by direct payment from Husband to Wife. The parties acknowledge and agree that the provisions of this Agreement providing for the payment of alimony to Wife by Husband are fair, adequate, and satisfactory and are based upon Wife's actual need, Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. The approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701. B. Modification of Alimony - The parties agree that this award of alimony shall be non- 10 modifiable, with the exception that payments shall terminate upon the death of Wife, the death of Husband, or the remarriage of Wife. No other conditions shall be the basis for modification or termination of these payments. C. Tax Treatment - These payments shall be income to Wife under Section 71 of the Internal Revenue Code and deductible to Husband under Section 215 of the Internal Revenue Code. 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 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 Husband and Wife agree to execute the necessary documents to transfer the sum of One Hundred Forty-Eight Thousand Seven Hundred ($148,700.00) Dollars from Husband's BAE Systems 401 (Ie) Plan, to Wife. Husband agrees to transfer this amount to Wife through a Qualified Domestic Relations Order (QDRO), which shall be prepared at Wife's expense, by counsel for Wife. It is anticipated that this transfer of assets will be a tax-free distribution incident to any instruments required to transfer these fund proceeds to Wife. The parties agree that this transfer shall include any interest accumulated on Wife's portion of the plan, from the date of the signing of this Agreement, until the actual date the funds are transferred to Wife. The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including, but not limited to, her American Century Investments Roth Individual Retirement Account (Account No. 022-001796373), her Principal Financial Group Individual 11 Retirement Account (Account No. 0030993792), and her Ameriprise Financial Account (Client No. 1616-8207 -5-001), and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. The parties further agree that Husband shall retain sole ownership and possession of his BAE Systems Pension Plan, and the remainder of his BAE Systems 401(k) Plan, and Wife 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 accounts. 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, title or interest they may have in the other parties' account. 4. INVESTMENT ACCOUNTS/STOCKS A. Merrill Lvnch Portfolio: Husband and Wife acknowledge that they were the owners of a jointly titled Merrill Lynch Cash Management Account (CMA), Account No. 872-48646. The parties further acknowledge at the end of December 2004, Husband liquidated this account and withdrew all of the funds held therein. Husband took these funds and deposited them into a savings account in his sole name. Wife agrees that these funds shall be the sole and separate property of Husband and she waives any and all interest, right or title she may have in these assets, except that, it is anticipated that the Eighty Thousand ($80,000.00) Dollar lump sum cash payment, set forth below at Section IV, Paragraph Eight, due to Wife from Husband as of the execution date of this Agreement, shall be satisfied through these funds. B. BAE Systems Stock: The parties acknowledge that as an employee ofBAE Systems, Husband was eligible to participate in a stock option plan. The parties further agree that incident to his participation in this plan, Husband received approximately 5,505 shares ofBAE Systems stock, from October 11,2000 through December 1,2003. Due to the conditions of the BAE Systems Share Option Plan 2001, Husband has been unable to exercise many of his stock options, but has exercised some and the parties acknowledge that he received the net sum of$388.85 as a result of selling some shares in July 2006. Wife agrees that the remaining shares of stock/stock options and those funds received from the liquidation of shares in July 2006, shall remain the sole and separate property of Husband and she will waive any and all interest, right, or title she may have in these assets. 5. UNITED STA TES SAVINGS BONDS Wife is the owner of eight (8) United States Savings Bonds, having a face value of Fifty 12 ($50.00) Dollars each, dated from November 2002, through June 2003. Husband and Wife agree that these bonds shall remain the sole and separate property of Wife, and Husband waives any right, title or interest he may have in them. 6. AUTOMOBILES Husband and Wife agree that the 1998 Toyota Camry, currently in the possession of Husband, shall be the sole and separate property of Husband, and Wife waives any right, title or interest she may have in this vehicle. No lien exists on this vehicle. HtlSband and Wife agree that the 2001 Honda Accord LX, currently in the possession of Wife, shall be the sole and separate property of Wife, and Husband waives any right, title or interest he may have in this vehicle. No lien exists on this vehicle. Both parties agree to execute whatever documents are necessary to transfer the above listed automobiles into the sole name of Wife and Husband, as provided herein. 7. LIFE INSURANCE! DEATH BENEFITS Husband is the owner, and insured, of an ERIE FLEX Universal Life Insurance Policy (policy Number 00000811391) through Erie Family Life Insurance Company. This policy, and its cash surrender value, shall be the sole and separate property of Husband, and Wife waives any right, title or interest she may have in this policy. Husband shall be responsible for all premiums due upon this policy. The parties agree that the death value of this policy is One Hundred Thousand ($100,000.00) Dollars. Husband agrees that this benefit shall name Wife as its sole beneficiary, for the entire period that he is obligated to provide Wife with alimony payments as set forth above in Section III, Paragraph Two. After Husband's alimony obligations under Section III, Paragraph Two, expire this provision shall become completely voluntary. It is understood by Husband, that he does not have the right to surrender this death benefit or encumber it until such time as his obligations under Section III, Paragraph Two expire. 8. CASH PAYMENT Husband shall make an Eighty Thousand ($80,000.00) Dollar cash payment to Wife, in one lump sum, as of the execution date of this Agreement. 13 9. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 10. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 11. AFTER-ACOUlRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, that being, June 5, 2004, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 12. REAL ESTATE A. Marital Residence: The parties acknowledge that they are the owners of real property, titled as tenants by the entireties, located at 472 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Marital Residence"). This property is encumbered with a mortgage owed to ABN AMRO Mortgage Group, Inc (hereinafter referred to as "Mortgage"). The parties agree as follows with respect to the Marital Residence: (1) Husband shall pay to Wife the sum of Eighty Thousand ($80,000.00) Dollars toward her interest in the Marital Residence, through the funds he receives by refinancing the existing Mortgage. This refinance shall be completed on or before the 90th day following the execution date of this Agreement. Husband shall pay all costs associated with the refmancing of the existing mortgage. In the event Husband is unable to obtain refinancing on or before the 90th day following the execution date of this Agreement, he will immediately list the Marital Residence for sale and pay Wife her Eighty Thousand ($80,000.00) Dollar interest from the net sales proceeds. (2) Wife shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Marital Residence. The deed of conveyance shall be prepared by Husband's attorney and signed by Wife within fourteen (14) days of her receipt. Said 14 signed Deed shall be held in escrow by Wife's attorney pending the scheduling of a refinance conference for the existing Mortgage, upon which it shall be released to Husband's settlement agent for recording. (3) Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (4) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance, and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. 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. Chillo anour1 WITNESSfutt ~(Jl2v1ll ~ AN Q. MOSER ll.-\ \-Olp DATE S~~R~ / 2 -2tfr -{)6 DATE 15 Cara A. Boyanowski, Esquire Counsel for Wife AGREEMENT BETWEEN SUSAN Q. MOSER AND STEVEN E. MOSER Hubert X. Gilroy, Esquire Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction 3 SECTION II: General Provisions 4 SECTION III: Alimony and Alimony Pendente Lite Provisions 10 SECTION IV: Property Distribution Provisions 11 SECTION V: Closing Provisions and Execution 15 SECTION I INTRODUCTION THIS AGREEMENT made this tZ<1-\...h day of \&! C:..LN\n.vu , 2006, by and between SUSAN Q. MOSER ("Wife") and STEVEN E. MOSER ("Husband"). WITNESSETH: WHEREAS, Susan Q. Moser, Social Security Number 516-04-1451, was born on May 17, 1969, and currently resides at 4172 Antelope Court, Apartment 108, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, Steven E. Moser, Social Security Number 212-84-4566, was born on December 24, 1959, and currently resides at 472 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania 17013. WHEREAS, the parties hereto are Husband and Wife, having been married on October 26, 1991, in Harrisburg, Dauphin County, Pennsylvania. Wherein after, the parties separated on June 5, 2004. WHEREAS, the union of the parties produced no children. 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, THEREFORE, 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 agrees as follows: , l SECTION II 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 of1980, 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. 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 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. 5. ADVICE OF COUNSEL The provisions ofthis Agreement and their legal effect have been fully explained to Wife 4 by her attorney, Cara A. Boyanowski, Esquire, and to Husband by his attorney, Hubert X. Gilroy, 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 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. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as ofthe date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 8. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division ofthe parties' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 5 9. 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 joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 10. 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. 11. 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 rights and obligations which either may have or at any time hereafter 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 6 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 from 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 existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtsy, 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 right 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, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. 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 7 waiver of any subsequent default of the same or similar nature. 14. 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 Agreement. 15. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and aSSIgns. 17. 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. 18. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after 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 8 this Agreement. 19. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. 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 shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 20. SEVERABILITY AND INDEPENDENT AND SEP ARA TE 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 anyone 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. 21. 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 Susan Q. Moser, 4172 Antelope Court, Mechanicsburg, Pennsylvania 17050, or counsel for Susan Q. Moser, 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 Steven E. Moser, 472 Rich Valley Road, Carlisle, Pennsylvania, or counsel for Steven E. Moser, or such other address as Husband from time to time may designate in writing. 22. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are 9 - inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION III ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS AND HEALTH INSURANCE PROVISIONS 1. SPOUSAL SUPPORT ORDER Wife acknowledges that on August 25,2004 she filed a complaint in support with the Cumberland County Domestic Relations Office, at docket number 00764 S. 2004 and P ACSES Case Number 218106681. Wife agrees, within ten (10) days of the filing of a final Decree in Divorce, she will notify the Cumberland County Domestic Relations Office, in writing, that the support account should be terminated, effective January 1,2007. Thereafter, Husband's obligation to provide monthly spousal support payments to Wife shall cease. 2. ALIMONY A. Amount and Term of Monthlv Alimony Payments - Husband shall pay to Wife, commencing on January 1,2007, as alimony, the sum of One Thousand Four Hundred Twenty-Two ($1,422.00) Dollars, per month, for a period of four (4) years. All monthly alimony payments shall be made to Wife no later than the first day of each month. Husband and Wife agree that all alimony payments are to be made by direct payment from Husband to Wife. The parties acknowledge and agree that the provisions of this Agreement providing for the payment of alimony to Wife by Husband are fair, adequate, and satisfactory and are based upon Wife's actual need, Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. The approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701. B. Modification of Alimonv - The parties agree that this award of alimony shall be non- 10 modifiable, with the exception that payments shall terminate upon the death of Wife, the death of Husband, or the remarriage of Wife. No other conditions shall be the basis for modification or termination of these payments. C. Tax Treatment - These payments shall be income to Wife under Section 71 ofthe Internal Revenue Code and deductible to Husband under Section 215 of the Internal Revenue Code. 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 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 Husband and Wife agree to execute the necessary documents to transfer the sum of One Hundred Forty-Eight Thousand Seven Hundred ($148,700.00) Dollars from Husband's BAE Systems 401 (k) Plan, to Wife. Husband agrees to transfer this amount to Wife through a Qualified Domestic Relations Order (QDRO), which shall be prepared at Wife's expense, by counsel for Wife. It is anticipated that this transfer of assets will be a tax-free distribution incident to any instruments required to transfer these fund proceeds to Wife. The parties agree that this transfer shall include any interest accumulated on Wife's portion of the plan, from the date of the signing of this Agreement, until the actual date the funds are transferred to Wife. The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including, but not limited to, her American Century Investments Roth Individual Retirement Account (Account No. 022-001796373), her Principal Financial Group Individual 11 Retirement Account (Account No. 0030993792), and her Ameriprise Financial Account (Client No. 1616-8207-5-001), and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. The parties further agree that Husband shall retain sole ownership and possession of his BAE Systems Pension Plan, and the remainder of his BAE Systems 401 (k) Plan, and Wife 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 accounts. 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, title or interest they may have in the other parties' account. 4. INVESTMENT ACCOUNTS/STOCKS A. Merrill Lvnch Portfolio: Husband and Wife acknowledge that they were the owners of a jointly titled Merrill Lynch Cash Management Account (CMA), Account No. 872-48646. The parties further acknowledge at the end of December 2004, Husband liquidated this account and withdrew all of the funds held therein. Husband took these funds and deposited them into a savings account in his sole name. Wife agrees that these funds shall be the sole and separate property of Husband and she waives any and all interest, right or title she may have in these assets, except that, it is anticipated that the Eighty Thousand ($80,000.00) Dollar lump sum cash payment, set forth below at Section IV, Paragraph Eight, due to Wife from Husband as of the execution date of this Agreement, shall be satisfied through these funds. B. BAE Systems Stock: The parties acknowledge that as an employee ofBAE Systems, Husband was eligible to participate in a stock option plan. The parties further agree that incident to his participation in this plan, Husband received approximately 5,505 shares ofBAE Systems stock, from October 11,2000 through December 1,2003. Due to the conditions of the BAE Systems Share Option Plan 2001, Husband has been unable to exercise many of his stock options, but has exercised some and the parties acknowledge that he received the net sum of$388.85 as a result of selling some shares in July 2006. Wife agrees that the remaining shares of stock/stock options and those funds received from the liquidation of shares in July 2006, shall remain the sole and separate property of Husband and she will waive any and all interest, right, or title she may have in these assets. 5. UNITED STATES SAVINGS BONDS Wife is the owner of eight (8) United States Savings Bonds, having a face value of Fifty 12 ($50.00) Dollars each, dated from November 2002, through June 2003. Husband and Wife agree that these bonds shall remain the sole and separate property of Wife, and Husband waives any right, title or interest he may have in them. 6. AUTOMOBILES Husband and Wife agree that the 1998 Toyota Camry, currently in the possession of Husband, shall be the sole and separate property of Husband, and Wife waives any right, title or interest she may have in this vehicle. No lien exists on this vehicle. Husband and Wife agree that the 2001 Honda Accord LX, currently in the possession of Wife, shall be the sole and separate property of Wife, and Husband waives any right, title or interest he may have in this vehicle. No lien exists on this vehicle. Both parties agree to execute whatever documents are necessary to transfer the above listed automobiles into the sole name of Wife and Husband, as provided herein. 7. LIFE INSURANCEI DEATH BENEFITS Husband is the owner, and insured, of an ERIE FLEX Universal Life Insurance Policy (policy Number 00000811391) through Erie Family Life Insurance Company. This policy, and its cash surrender value, shall be the sole and separate property of Husband, and Wife waives any right, title or interest she may have in this policy. Husband shall be responsible for all premiums due upon this policy. The parties agree that the death value of this policy is One Hundred Thousand ($100,000.00) Dollars. Husband agrees that this benefit shall name Wife as its sole beneficiary, for the entire period that he is obligated to provide Wife with alimony payments as set forth above in Section III, Paragraph Two. After Husband's alimony obligations under Section III, Paragraph Two, expire this provision shall become completely voluntary. It is understood by Husband, that he does not have the right to surrender this death benefit or encumber it until such time as his obligations under Section III, Paragraph Two expire. 8. CASH PAYMENT Husband shall make an Eighty Thousand ($80,000.00) Dollar cash payment to Wife, in one lump sum, as ofthe execution date of this Agreement. 13 9. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 10. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 11. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, that being, June 5, 2004, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 12. REAL ESTATE A. Marital Residence: The parties acknowledge that they are the owners of real property, titled as tenants by the entireties, located at 472 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Marital Residence"). This property is encumbered with a mortgage owed to ABN AMRO Mortgage Group, Inc (hereinafter referred to as "Mortgage"). The parties agree as follows with respect to the Marital Residence: (1) Husband shall pay to Wife the sum of Eighty Thousand ($80,000.00) Dollars toward her interest in the Marital Residence, through the funds he receives by refinancing the existing Mortgage. This refinance shall be completed on or before the 90th day following the execution date of this Agreement. Husband shall pay all costs associated with the refinancing of the existing mortgage. In the event Husband is unable to obtain refinancing on or before the 90th day following the execution date of this Agreement, he will immediately list the Marital Residence for sale and pay Wife her Eighty Thousand ($80,000.00) Dollar interest from the net sales proceeds. (2) Wife shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Marital Residence. The deed of conveyance shall be prepared by Husband's attorney and signed by Wife within fourteen (14) days of her receipt. Said 14 signed Deed shall be held in escrow by Wife's attorney pending the scheduling of a refinance conference for the existing Mortgage, upon which it shall be released to Husband's settlement agent for recording. (3) Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (4) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance, and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. 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. O'.l.illo anour1 WITNESSfutj ~dl.Mf) ~J . AN Q. MOSER l~-\\-Olp DATE s~~R~0 / 2 -2tf -.O/; DATE 15 (--:1 r--..., ...:..=.) C'..) -Tl -../ '-0 ;:-'t~ t"'_J --.; 41' ."" Cara A. Boyanowski, Esquire SERRA TELL! SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, P A 17110 (717) 540-9170 Attorney for Plaintiff, Susan Q. Moser SUSAN Q. MOSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW v. NO. 04-3988 CIVIL TERM STEVEN E. MOSER, Defendant 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 19th day of August, 2004, she did serve upon Steven E. Moser, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to him, by certified mail, restricted delivery, addressed to 472 Rich Valley Road, Carlisle, Pennsylvania, 17013. The receipt for said Complaint is attached hereto as Exhibit "A." Said copy of the 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 eX .~ .- j'5 day of . i u...?-'U/ (:41 - ":'" / / 1 , 200~. Cara A. Boyanowski, Es . Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 Attorney for Plaintiff By: - ~ ' /. .. " /'" ) fvt -/'I2;~ {:~ NOTARIAL SEAl DEBRA A EVANGELIST! Notary PUblic SUSQUEHANNA 'lWP.DAUPHIN COUNTY My Commission Expires May 7, 2008 .. - SENDER CaMPI E Tf THIS SECTION COMPLETE THIS SECTION ON DELIVERY . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: S~euU\ E. Naser ~1~ R\c1\ \k}\\Uj Rood Co I{\\'::>\e. I?~ \ -=lO \ ~ 2. Article (Trans; PS Forn- X..,,< B. Rteceived by ( prif)ted!~a.J?1e) C. Dat of Deliviry S "b1/~ !] t/;{O'-;''-o/"' r I,,\..-cl D. Is delivery address different from item 1. 0 Yes If YES, enter delivery address below: !9'NO 3. Service Type ~ertified Mail D Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. .4 RDoc:trirtQ.,-I n~li".........,., /c:uJ....... r'__l Yes _ 2595-02-M-1 035 6P ~ .- 0 !'--> c:;:::.J. ,.."~' c;:::l ~?;. -----' C- oO, ..........# V) :r.:~ ---1" -' - - N ~ --l . ..-- ... Cara A. Boyanowski, Esquire SERRA TELL! SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 20 I Harrisburg,PA 17110 (717) 540-9170 telephone (717) 540-5481 facsimile cboyanowski@ssbc-Iaw.com Attorney for Plaintiff, Susan Q. Moser SUSAN Q. MOSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW v. NO. 04-3988 CIVIL TERM STEVEN E. MOSER, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: The divorce complaint, filed on August 12,2004, was served upon Defendant by certified mail, restricted delivery, return receipt requested on August 19,2004. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by Plaintiff: December 1, 2006; by Defendant: December 1, 2006. .~... - (b)(l) Date of execution of the affidavit required by S3301(d) ofthe 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 S3301(c) Divorce was filed with the Prothonotary: on or about December 1, 2006 (filed by Special Master following hearing). (c) Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: on or about December 1, 2006 (filed by Special Master following hearing). Respectfully submitted, SERRA TELL! SCHIFFMAN BROWN & CALHOON ~~OJ\OU\SL Cara A. BoyanowsKl, Esquire Supreme Court LD. No. 68736 2080 Linglestown Road, Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 Attorney for Plaintiff 1-\8-01- r-' ~:3 = --' n (:~~ 1',) --i - ""..--- --- THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR!) I~ THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; WO\^.(' The provisions of the Agreement entered into by the parties on December 29, 2006, shall be incorporated by reference, but shall not be merged into this decree in div~FCe. PENNA. ~~ ~ ~~~~~~~~~~~~~~~~~ ~~~~~~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF SUSAN Q. MOSER, Plaintiff No. 04-3988 CIVIL TERM VERSUS STEVEN E. MOSER, Defendant DECREE IN DIVORCE AND NOW, ~ IT IS ORDERED AND DECREED THAT SUSAN Q. MOSER , PLAI NTI FF, AND STEVEN E. MOSER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. ATTE/5~~ J. ,/ PROTHONOTARY ~~ ~~~~~~~~~~ ~~~~~~ /" < ~ ~F}z- ~ ry7'l/ r~;zcy/{ L_/ At: . ~~'?ZV->fl-:/~~;?[7 ft. (/ ;2.. i"7:J'I-;'rI/ hul;f.) )- 'liT . Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRA TELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile cbov an owski(a)ss bc-la w .com SUSAN Q. MOSER, Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-3988 CIVIL TERM STEVEN E. MOSER, Respondent/Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Petitioner and Respondent were married to each other on October 26, 1991, in Harrisburg, Dauphin County, Pennsylvania, and were divorced on January 16, 2007; and WHEREAS, this Court has personal jurisdiction over both Petitioner and Respondent and jurisdiction over the subject matter of this Order and this dissolution of marriage action; and WHEREAS, Petitioner, Respondent, and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as that term is used in Section 206 of the Employee Retirement Income Security Act of 1974, as amended ("the Act"), codified at 29 D.S.C. 1056(d), and Section 414(p)(1) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, Petitioner and Respondent have stipulated that the Court shall enter this Order, and when approved by the Plan and the Court, the Order shall constitute a QDRO. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. Definitions (a) Official name of the Plan: "Plan" means the BAE SYSTEMS EMPLOYEE SAVINGS AND INVESTMENT PLAN (the "Plan"), which is a defined contribution plan to which this Order applies. In the event the Plan is merged or its assets or liabilities are transferred, the term "Plan" shall include any successor plans. (b) Plan Sponsor and Plan Administrator: "Plan Sponsor" shall mean BAE Systems, Inc. and "Plan Administrator" shall mean the BAE Systems, Inc. Administrative Committee. These terms shall apply to all subsequent successors in interest and subsequent designees. (c) Participant: Name: Steven E. Moser Address: 472 Rich Valley Road Carlisle, Pennsylvania 17013 Social Security Number: 212-84-4566 Date of Birth: December 24, 1959 (d) Alternate Payee: Name: Susan Q. Moser Address: 4171 Antelope Court, Apartment No. 108 Mechanicsburg, Pennsylvania 17050 Social Security Number: 516-04-1451 Date of Birth: May 1 7, 1969 (e) "Earliest Retirement Date" means the age determined in accordance with Section 414(p)(4)(B) of the Code. 2. The Alternate Payee is the former spouse of the Participant. 3. The Order is entered pursuant to Pennsylvania Divorce Code, 23 P.C.S.A. ~3501 et seq. which relates to marital property rights between spouses and former spouses in matrimonial actions. 4. This Order hereby creates and recognizes as to the Plan the existence of the Alternate Payee's right, subject to the following provisions of this Order, to a share of the benefits otherwise payable to Participant. 5. In the event the Alternate Payee does not elect an immediate distribution, her share of the benefits described below shall be segregated and separately maintained in Account/s established on her behalf and shall additionally be credited with any interest and investment income or losses attributable thereon from December 29,2006 until the date of total distribution to the Alternate Payee, The Plan is hereby directed to take any and all necessary actions to separately account for and/or segregate the amount awarded herein to Alternate Payee. 6. Benefits Assigned to Alternate Payee: The Alternate Payee shall be entitled to a portion of the Participant's benefits under the Plan as her sole and separate property. The Alternate Payee's portion is $148,700.00, effective as of December 29,2006 (the "segregation date"), or if such date is not a valuation date under the Plan, as of the valuation date nearest to such date, plus/minus gains or losses on such amount from such segregation date through the valuation date occurring on or immediately preceding the actual date of distribution. In no event will the amount distributed exceed the total value of the Participant's account on the segregation date. 7. Source of Funds: All funds shall be taken pro-rata from all investments of the Participant with the exception of any Participant loan account as of the valuation date for the creation of the separate account of the Alternate Payee. All funds shall remain invested in the investment from which the funds originate until such time as the Alternate Payee shall exercise her right to control the investment of the funds. 8. Time and Form of Benefit Payment: The Alternate Payee's distribution shall be made or commence to be made on any administratively reasonable date selected by the Alternate Payee after the Plan Administrator determines that this Order, or any modification of this Order, is a QDRO as defined in Section 414(p) of the Code and Section 206(d)(3)(B) of ERISA and the time for appeal has expired or the Participant and the Alternate Payee have waived their right to such appeal in accordance with the procedures established by the Plan. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to Participants and Alternate Payees under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. If no election is made by the Alternate Payee, payment to the Alternate Payee shall be made in one lump sum. 9. Alternate Payee's Rights: With respect to the Alternate Payee's interest in the Plan under the terms of this Order, the Alternate Payee shall have the following rights to the extent permitted by the Plan with respect to a Participant who has terminated employment: (i) To direct the investment of such interest; and (ii) To designate a beneficiary in the event of the death of the Alternate Payee prior to the distribution of such interest. 10. Payments in the Event of Death of Participant or Alternate Payee: If the Participant predeceases the Alternate Payee, payment to Alternate Payee shall nonetheless be made under the terms of this Order. If the Alternate Payee dies before full payment to Alternate Payee has been made, the amount unpaid shall be made to the beneficiary designated by the Alternate Payee, in writing, to the Administrator of the Plan in the manner prescribed by the Plan Administrator, or if no beneficiary has been so designated, to the Alternate Payee's estate. 11. No Other Interests: On or after the date of this Order, the Participant shall have no further right or interest in the portion of the Participant's account balance, which is hereby assigned to the Alternate Payee, and the Alternate Payee shall have no right or interest in the portion of the Participant's account balance that is not assigned by this Order to the Alternate Payee. Nothing in this Order shall restrict the Participant's ability to obtain a distribution under the Plan or designate a beneficiary under the Plan with respect to the portion of the Participant's account balance not assigned to the Alternate Payee. 12. Payment of Taxes: Participant and Alternate Payee shall each be responsible for his or her own federal, state, and local income taxes and other taxes attributable to distributions from the Plan which are received by Participant and Alternate Payee, respectively. To the extent permitted by applicable law, Alternate Payee's tax liability with respect to the amounts distributed to Alternate Payee shall be determined as though the contributions by Participant resulting in such amounts being payable were made by Alternate Payee. The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally provided to participants in the Plan with respect to the taxability of distributions from the Plan. Any payments to the Alternate Payee made by the Plan shall be subject to withholding for federal and state tax. 13, Jurisdiction: This Court reserves jurisdiction to modify this Order as necessary for the Plan Administrator to accept the Order and pay the benefits in accordance with Plan provisions and reserves jurisdiction over the parties and the Plan until such time as all obligations of the Plan to Alternate Payee under this Order have been fully paid and discharged. 14, Address for Correspondence: Any of the above parties may designate another address for the purpose of receiving notices and communications pursuant to this Order by giving written notice thereof to the other parties at the addresses then currently in effect. 15. Conforming Provisions: No provisions in this Order shall be construed to require the Plan, the Administrator of the Plan, or any trustee or other fiduciary with respect to the Plan to take any action that is inconsistent with any provision of the Plan as now in effect or hereafter amended. This Order is intended to be a QDRO made pursuant to the Act and Code, and its provisions shall be administered and interpreted in conformity with said Act and Code. In the event that the Act is amended or the law regarding QDROs is otherwise changed or modified, then the parties hereto shall immediately take such steps as are necessary to amend this QDRO to comply with any such changes, amendments, and/or modifications, or if permissible under any such change, amendment, or modification to the Act or laws regarding QDROs, the Plan Administrator of the Plan may elect to treat this QDRO as a qualifying order. 16. Limitations of Order: Notwithstanding any provisions of this Order to the contrary, no provision in this Order shall be construed to require the Plan to a) make any payment or take any action which is inconsistent with any federal law, rule, regulation or applicable judicial decision; b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; c) provide increased benefits (determined on the basis of actuarial value); or d) pay benefits to any alternate payee (as defined in the Act) which are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order (as defined in the Act). 17. Limitation of Obligations under this Order: The undertakings and obligations of the Plan as set forth in the Order are solely those of the Plan. Neither BAE SYSTEMS, Inc., nor any of its subsidiaries of affiliated corporations, nor any officer, employee or agent of any said corporations (other than the Plan Administrator solely in his capacity as Plan Administrator) shall be deemed to have made any undertakings or incurred any obligations as a result of this Order. 18. Enforceability of Rights: Notwithstanding any other provision ofthis Order, in the event that Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Administrator of the Plan shall determine to be inconsistent with the provisions of this Order or with any provisions of the Act or the Code or any successor statute thereto, the Plan may forthwith cease making any further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim, pending resolution of such claim or further order of this Court, and the Plan may also take such further action or actions as may be permitted by law with respect to such claim and/or this Order. r day of M Q.A en . 2007. the WHEREFORE. this R,~ nd parties in the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses their intent and that it may be adopted as a Court Order. (1f)JJUJS~'___ - , Cara A. BoyanowskI. Esquire Attorney for Alternate Payee DA TED: v\M\ ?-~1 ~ _Q_W1i&L__ -- Susan Q. Moser ~~1./t 'l/0:~ Steven E. Moser / >- c- ~ LtJ ~~ ~j~ S!: CcS) (~j f of' .~. ~ t_. _ u.J CL. ~ 1l.J iE l.L. o N o "0(-.-'" ::ii N I e:::: c.... ""-3: r-- = = C'-..; '" .5 ()