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HomeMy WebLinkAbout04-5447DOUGLAS A. MOFFITT, Plaintiff VS. LORI J. MOFFITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 64,51 (Y-7 IN DIVORCE NOTICE. Tn DEFEND AND CT,ATM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania (717) 249-3166 Anthony L. De a, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 DOUGLAS A. MOFFITT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW Oyl_ St/y7 LORI J. MOFFITT, :NO. CIVIL Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. Plaintiff is Douglas A. Moffitt, who currently resides at 419 Petersburg Road, Carlisle, Cumberland County, Pennsylvania, since October 16, 2004. 2. Defendant is Lori J. Moffitt, who currently resides at 21 Artcraft Drive, Mechanicsburg, Cumberland County, Pennsylvania, since 1996. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 7, 1987 at Churchtown, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. 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. § 4904, relating to unworn falsification to authorities. f t/ "/a. g as A. Moffitt, amtiff Date: /o Ae Anthony L. De&u a squire Attorney for Plaintiff 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 ' l mi ? c S ?v c "CA C `C n o f u? co y.4 W DOUGLAS A. MOFFITT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -CUSTODY LORI J. MOFFITT, : NO. OF Ovl -S'q 47 Defendant COMPLAINT FOR PARTIAL CUSTODY 1. The plaintiff is Douglas A. Moffitt, residing at 419 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Lori J. Moffitt, residing at 21 Artcraft Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Heather T_ Moffitt, ?.1 Artcraft Drive, Mechanicsburg, Cumberland Co-, PA 12 Name Address Age The child was not born out of wedlock. The child is presently in the custody of Lori J. Moffitt who resides at 21 Artcraft Drive, Mechanicsburg, Pennsylvania 17050. During the past five years, the child has resided with the following persons and at the following addresses: Douglas A. and Lori T_ Moffitt, 21 Artcraft Drive, Mechanicsburg, Pennsylvania_17050 1999- September, 241L4_ Name of Person Address Dates The mother of the child is Lori J. Moffitt, currently residing at 21 Artcraft Drive, Mechanicsburg, Pennsylvania 17050. She is married. The father of the child is Douglas A. Moffitt, currently residing at 419 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17013. He is married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides at 419 Petersburg Road, Carlisle, Pennsylvania with the following persons: NONE Name Relationship resides with the following persons: Heather I Moffitt _naughter Name Relationship 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: NQ?iE Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or in any other state. The court, term and number, and its relationship to this actions is: NONE Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: NONE. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because plaintiff is the father of the child and has had a very close and loving relationship with her from birth and it is in the best interest and permanent welfare of the child for the close and loving relationship to continue without interruption in contact. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Claim NONF. Address Basis of WHEREFORE, Plaintiff requests the Court to grant partial Custody of the child. Anthony L. tkco' Esquire Attorney for Plaintiff 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 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. §4904 relating to unsworn falsification to authorities. Douglas A. Moffitt, Plainti c ?. G d -? C7 L: Y' hJ -r> :1 X- C7J C`> ~?. ( f'Cl C> Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. MOFFITT Plaintiff V. LORI J. MOFFITT Defendant To the Prothonotary: NO. 04-5447 Civil Term : CIVIL ACTION -DIVORCE PRAECIPE Please enter the appearance of Theresa Barrett Male, Esquire on behalf of Defendant in this proceeding. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: December 3, 2004 ? -i co J - r C'o = r3 JAN 1 9 2005?? t DOUGLAS A. MOFFITT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LORI J. MOFFITT, : NO. 04-5447 Defendant : IN CUSTODY COURT ORDER AND NOW, this X11111 day of January, 2005, upon consideration of the attached Custody Conciliation report, the following Temporary Custody Order is entered: 1. The father, Douglas A. Moffit, and the mother, Lori J. Moffitt, shall enjoy shared legal custody of Heather J. Moffitt, born June 3, 1992. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody with the minor child as follows: a. On every weekend on both Saturday and Sunday from 11 a.m. until 7 p.m. On every third weekend, mother shall be entitled to spend one of the weekend days with her daughter with the date to be agreed upon by the parties. b. At such other times as the parties may agree. 4. The non-custodial parent shall also enjoy reasonable telephone contact with the minor child. 5. The parties shall convene again with their attorneys and the Custody Conciliator for a conference on February 4, 2005 at 9:30 a.m. At this conference, the Conciliator will address the issue of whether father's periods of temporary custody shall be expanded to include overnight. In the meantime, the parties shall work between themselves and initiate a counselor who will work with both parties and the minor child relative to any issues currently existing between the minor child and the father. Costs of the counseling shall be shared by the ?BY or an penses not covered by insurance. T T, Judge cc;/Anthony L. DeLuca, Esquire ,Theresa Barrett Male, Esquire (}? 0\ P C Ss :Z §'d 9Z K''T <<:UZ ?.?? DOUGLAS A. MOFFITT, Plaintiff v LORI J. MOFFITT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5447 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Heather J. Moffitt, born June 3, 1992. 2. A Conciliation Conference was held on January 7, 2005, with the following individuals in attendance: The father, Douglas A. Moffit, with his attorney, Anthony L. DeLuca, and the mother, Lori J. Moffitt, with her attorney, Theresa Barrett Male. 3. The parties agree upon the entry of an Order in the form as attached. !/!// av DATE' Hubert X. Gilro Esquire Custody Condor SHERIFF'S RETURN - REGULAR CASE NO: 2004-05447 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOFFITT DOUGLAS A VS MOFFITT LORI J RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon MOFFITT LORI J the DEFENDANT , at 1420:00 HOURS, on the 8th day of December-, 2004 at 21 ARTCRAFT DRIVE MECHANICSBURG, PA 17055 by handing to LORI MOFFITT a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 6.66 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 34.66 12/09/2004 ANTHONY DELUX-Deputyl Sworn and Subscribed to before By: me this (,. day of eriff 2 G'y S) A.D. } rothonotary Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. MOFFITT Plaintiff V. LORI J. MOFFITT Defendant NO. 04-5447 Civil Term CIVIL ACTION - DIVORCE DEFENDANT'S PETITION RAISING ADDITIONAL ECONOMIC CLAIMS PURSUANT TO RULE 1920.13 (b) (2) 1. Defendant incorporates by reference the averments set forth in Plaintiff's Complaint in Divorce. Equitable Distribution 2. During the marriage, Plaintiff and Defendant acquired real and personal property. Wherefore, Defendant requests the Court to enter an Order equitably dividing all the marital property and the marital liabilities. Alimony 3. Defendant lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through employment. 4. Plaintiff has sufficient assets and income to provide continuing support for Defendant. Wherefore, Defendant requests the Court to enter an Order granting her alimony. Alimony Pendente Lite, Counsel Fees, Costs and Expenses 5. Defendant lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through employment. 6. Plaintiff has sufficient assets and income to provide continuing support for Defendant. 7. Defendant has retained counsel to pursue this action and has agreed to pay her attorney a reasonable fee. 8. Defendant lacks sufficient funds to meet the costs and expenses of pursuing this action, including counsel fees and the costs to retain an accountant to assess the tax consequences of equitable distribution, as required by 23 Pa. C.S.A. § 3502(a)(10.1). 9. Plaintiff has sufficient assets and income to provide alimony pendente lite, counsel fees, costs and expenses for Defendant. 2 Wherefore, Defendant requests the Court to enter an order awarding her alimony pendente lite, counsel fees, costs and expenses. lzr'e' Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: June 30, 2005 3 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Lori J. Moffitt Date: 6 /-30/0Z5 PROOF OF SERVICE 1 hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: July 7, 2005 ? n 0 c W '^?`. Xf v n U1iJ Wit' L -G N C? l? t:z_ c? r 1V O 'Tl n =' cic? Jrn ?t ?-3 DOUGLAS A. MOFFIT, LORI J. MOFFITT, Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004-5447 MOTION FOR APPOINTMENT OF MASTER DOUGLAS A. MOFFITT, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (x) Divorce (x) Distribution of Property O Annulment Support O Alimony O Counsel Fees O Alimony Pendente Lite (x) 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 Defendant has appeared in the action by her attorney, Theresa Barrett Male, Esquire. (3) The statutory grounds for divorce are: 2 year separation (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: All (5) The action 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: None Date: April 2006 40?? u ert X. Gilroy, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, 2006, Esquire is appointed Master with respect to the following claims: By the Court: Judge DOUGLAS A. MOFFIT, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA VS. LORI J. MOFFITT, Defendant Docket No. 2004-5447 MOTION FOR APPOINTMENT OF MASTER DOUGLAS A. MOFFITT, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (x) Divorce O Annulment O Alimony O Alimony Pendente Lite and in support of the motion states: (x) Distribution of Property O Support O Counsel Fees (x) Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action by her attorney, Theresa Barrett Male, Esquire. (3) The statutory grounds for divorce are: 2 year separation (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: All (5) The action involves complex issues of law or fact. (6) The hearing is expected to take I day. (7) Additional information, if any, relevant to the motion: None Date: April 1 2006 40::? u ert X. Gilroy, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER 0$4- 4a, 05 AND NOW, 2006, ?. G^?t ?EZit l` Esquire is appointed Master with respect to the following claims: a j, /? Oaf By th ourt: a J 1 CA Judge DOUGLAS A. MOFFIT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2004-5447 LORI J. MOFFITT.) Defendant . MOTION TO COMPEL DISCOVERY Plaintiff, DOUGLAS A. MOFFITT, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1. The parties, through legal counsel, have been engaging in informal discovery in this case for the past year. 2. Plaintiff has promptly provided all documentation to Defendant's counsel as requested through the informal discovery. 3. Defendant has not provided all documentation Plaintiff has requested, and Plaintiff has made numerous requests for various pieces of information. 4. The following documents have been requested from Defendant by Plaintiff and Defendant has failed to honor these requests: a. A copy of Defendant's IRA account statement as of August 31, 2004. b. Copies of Commerce Bank account statements from August 2004. c. Copies of statements of Prudential accounts since July of 2004 as requested in letter of December 28, 2005 and letter of September 5, 2006. d. Copies of the Prudential Mutual Funds statement (account number 3900196796) and for Prudential account number 90106030 from July 2004 to the present. e. Accounting of all cattle purchased and sold since August 2004. f. An accounting for payment of all "marital debt" which was paid from $6,200.00 that remained in the Member's First account after Defendant made the unilateral $20,000.00 withdrawl. g. Copy of current statement of investment fund for $20,000.00 which Defendant withdrew from the Member's Fist account and which was deposited into the name of the parties minor child. WHEREFORE, Plaintiff requests your Honorable Court to enter to and Order compelling the Defendant to provide the items requested in Discovery. Date ie C. Gilroy, Esquire ujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff C' 3 ry a S NOV 0 3 2006 41'1? DOUGLAS A. MOFFIT, Plaintiff LORI J. MOFFITT, Defendant VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004-5447 COURT ORDER tl, AND NOW, this ?o day of N tq. , 2006, upon consideration of the attached Motion to Compel for Discovery, the Defendant is hereby Ordered to provide the items requested by Plaintiff in paragraph 4 in the attached Motion within twenty days of the date of this Order or, in the alternative, file an Answer to this Petition for any items the Plaintiff has requested in Discovery that Defendant is unwilling or unable to provide to Plaintiff. BY THE COURT, k -\,, Judge ft 1 ?1. :f ?n7 Oll :5 a t. 0UVt, t Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. MOFFITT Plaintiff V. NO. 04-5447 Civil Term LORI J. MOFFITT Defendant CIVIL ACTION - DIVORCE DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY OR, ALTERNATIVELY, ANSWER TO MOTION Objection 1. Discovery is governed by Rules of Civil Procedure 4001-4025. 2. Discovery disputes also are governed by Rules of Civil Procedure 4001-4025. 3. Plaintiff has not served Defendant with a request for production of documents or any other form of discovery. 4. Absent service of a discovery request, Plaintiff does not have a legal basis to invoke this Court's authority to compel discovery, as set forth in the Rules of Civil Procedure. . . 5. Absent service of a discovery request by Plaintiff, Defendant does not have available to her the protective measures set forth in the Rules of Civil Procedure. Wherefore, Defendant requests that the Court deny Plaintiff's motion to compel discovery. Answer 6. Assuming, arguendo, that Plaintiff has the right to invoke the Court's discovery jurisdiction without having served discovery, the Court should deny Plaintiff's motion for the reasons set forth in the following paragraphs. 7. Plaintiff is requesting an accounting of all cattle purchased and sold since August 2004. See Motion to Compel at 14.e. However: On March 13, 2006, Defendant advised Plaintiff, inter alia, that Defendant's parents purchased and owned the cattle which the parties helped to raise, and paid all of the expenses for the cattle. A copy of the March 13, 2006 letter, with its enclosures is attached as Exhibit 1. 8. Plaintiff is requesting copies of statements on Prudential accounts (# 3900196796 and # 90106030 [sic] from July 2004 to present. See Motion to Compel at I 4.d. However: Both Plaintiff and Defendant are shareholders on account # 3900196796, and Plaintiff can access this information on his own. By way of further answer, Defendant has attached as Exhibit 2 a copy of the information secured by the parties' Prudential 2 S ? agent, Bob Yockin, on the value of this mutual fund account as of September 3, 2004 and September 7, 2004. Defendant also has attached as Exhibit 3 a quarterly statement confirming the value of this account as of September 30, 2006, which Plaintiff could have secured on his own. Both parties were owners of the Prudential annuity # E0106030, and Plaintiff can request information on the annuity for dates prior to October 6, 2004, when Plaintiff transferred ownership of this asset to Defendant. By way of further answer, on July 25, 2006, Defendant provided Plaintiff with a copy of the Prudential Ownership Change for Annuity Contracts which Plaintiff executed on October 6, 2004, even though Plaintiff could have requested this on his own. A copy of the July 25, 2006 letter with its enclosures is attached as Exhibit 4. By way of further answer, Defendant has attached as Exhibit 5 a copy of the confirmation from Prudential on the date of separation value of this annuity, which Plaintiff could have secured on his own. Defendant also has attached as Exhibit 6 a quarterly statement confirming the value as of September 30, 2006. 9. Plaintiff is requesting copies of statements on Prudential accounts since July of 2004 as requested in his letters of December 28, 2005 and September 5, 2006. See Motion to Compel at 14.c. However: With the exception of the two accounts identified in paragraph 8, supra, and Defendant's IRA, see infra paragraph 11, there are no Prudential accounts. Both 3 . parties have Prudential life insurance policies, and Defendant already provided information on her policies to Plaintiff. See Exhibit 1 at paragraph 10. By way of further answer, Plaintiff's prior counsel, Anthony DeLuca provided copies of statements on Plaintiff's Prudential life insurance policies, confirming that Plaintiff can access information on accounts in his name. 10. Plaintiff is requesting copies of Commerce Bank statements from August 2004. See Motion to Compel at 14.b. However: This account also was in joint names, and Plaintiff can secure this information on his own. By way of further answer, Defendant has attached as Exhibit 7 a copy of the statement dated February 24, 2005, confirming a balance of $30.00, which Defendant received when she closed the account. Defendant has not located any earlier statements in her possession. 11. Plaintiff is requesting a copy Plaintiff's IRA account statement as of August 31, 2004. See Motion to Compel at 14.a. This was an oversight, and Defendant has attached as Exhibit 8 a copy of the Prudential letter confirming the date of separation (09/03/04) value of this account. 12. Plaintiff is requesting an accounting of marital debt paid from a joint Members 1st account after Defendant transferred $20,000 into an account for the benefit of the parties' 4 child, and a copy of the current statement on the child's account. See Motion to Compel at 11 4.f.and g. Defendant has attached as Exhibits 9 and 10 her accounting of the expenditures and the statement. Wherefore, Defendant requests the Court to deny Plaintiff's motion to compel. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: November 27, 2006 5 Exhibit 1 Y THERESA BARRETT MALE COUNSELOR AT LAW March 13, 2006 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Re: Moffitt v. Moffitt (# 04-5447 Civil Term) Dear Hubert: ANDREA HUDAK DUFFY, ESQUIRE SUSAN C. APPLEBY, PARALEGAL sco4Ptbmesqulre.com JONATHAN J. MALE, LEGAL ASSISTANT I had anticipated sending this response to the points raised in your letter of December 26, 2005 with all of the documentation you requested. Rather than wait to receive everything, i decided to send what I have now, and supplement it. 1. Resolved. 2. My client did not secure the payoff amounts. Additionally, on December 22, 2005, my paralegal sent you copies of the authorizations for payoff which my client signed for Commerce Bank. 3. For settlement purposes, my client agrees with Larry Foote's appraisal. 4. 1 have enclosed the HUD-1 which confirms a mortgage satisfaction of $130,717.26, 5. Enclosed are copies of. a. The Sovereign Bank statement for the period 06/28/05 through 07/27/05, confirming a balance of $28,983.94. b. The Sovereign Bank statement for the period 03/28/05 through 04/27/05, confirming a balance on the credit line of $29,420.22. As you can see, the address on this statement is Mr. Mof iitt's home in Carlisle. He should have the statements which preceded this one. My client disputes Mr. Moffitt's assertion that he "was not aware of" the Exxon/Mobil credit card. Some of the charges on this card included his eyeglasses and diesel fuel in his truck. For your review, I have enclosed copies of: 513 NORTH SECOND STREET, HARRISBURG, PENNSYLVANIA 17101-1058 TEL: 717-233-3220 • FAX: 717-233-6862 - WWW.TBMESQUIRE.COM Hubert X. Gilroy, Esq. Page 2 March 13, 2006 a. Exxon/Mobil statement for closing date 09/16/04, confirming a balance of $5,255.01. The previous balance was $5,294.48. b. Exxon/Mobil statement for closing date 12/16/04, confirming a balance of $13,924.68. The previous balance was $4,939.00. The new balance included a balance transfer of $9,119.48 from the Members 1St FCU VISA card. C. The Members 1st FCU VISA statement for closing date 12/17/04, confirming the balance transfer to the Exxon/Mobil card. My client made this transaction because the Exxon/Mobil card had a lower interest rate. d. The Exxon/Mobil statement for closing date 08/16/05, confirming a balance of $11,359.39. e. The September 8, 2005 check made payable to Citi Cards in the amount of $11,250.00. This was the advance on the Sovereign Bank credit line, also at a lower interest rate. 6. According to my client, the CitiBank cards were not used solely for her business. The parties charged personal items, including parts for Mr. Moffitt's truck and the parts washer, which he took. Nevertheless, I agree that we should have statements on each card for the year prior to separation. Because the cards were in Mr. Moffitt's name, he will have to request them. I cannot address the value of my client's business until I speak with her accountant. 7. My client is willing to stipulate that her Ford Expedition and Mr. Moffitt's Ford F-250 are of comparable value. However, Mr. Moffitt also took with him: a 1998 Eagle 35' flatbed trailer; a 1997 Terry 30' 5th wheel camper; and a 1987 Wells Fargo snowmobile trailer. The value of those items must be included in the distribution scheme. 8. 1 cannot locate any correspondence regarding additional items Mr. Moffitt wants to take, other than those listed in Tony DeLuca's correspondence of May 2, 2005. Please advise. Additionally, my client informs me that Mr. Moffitt removed property which belongs to her parents. We need to have those items returned promptly. 9. The parties had a joint mutual fund with Prudential [# 3900196796]. Mr. Yockin did not remove Mr. Moffitt's name at the behest of my client. Rather, Mr. Moffitt executed an authorization to effect this change. Hubert X. Gilroy, Esq. Page 3 March 13, 2006 10. The life insurance policy values are not equal. I have enclosed copies of the following statements on my client's life insurance policies: a. April 1, 2005 statement confirming the cash value of Policy # R1 081 515 on September 5, 2004 was $5,940.35. b. April 4, 2005 statement confirming the cash value of Policy # 73 308 656 on September 5, 2004 was $2,479.17. My client also has a small policy which her parents purchased for her, the net cash value of which was $834.78 on September 5, 2004. In contrast, Mr. Moffitt's insurance policies had cash values of $20,522.91 as of January 19, 2005. 11. Mr. Moffitt's 401(k) balance as of 09/30/04 was $57,570.08. My client's Prudential IRA was valued at $42,836.74. 12. When my client left her prior employment for health reasons, she started a college fund for Heather. That account is in Mr. Moffitt's name, and he had refused my client's requests to place the account in her name. My client transferred the $20,000 into a custodial account for Heather to ensure that Heather would have a college fund, and did so before the parties separated. 13. 1 am confused about the request for account statements, because this account was in joint names. Additionally, the statements you provided confirm a transfer of $3,100 from savings on September 9, 2004 into the parties' joint checking account on the same date. This increased the balance in the joint checking account from $552.99 to $3,652.99, which was used to pay joint debts, obligations, and living expenses. The parties also had a joint Commerce Bank account which they used to pay bills. It had a closing balance of approximately $50.00. 14. Mr. Moffitt does not have a cognizable rental value claim. 15. My client's parents paid for the cattle and owned them. Similarly, my client's parents paid all of the bills associated with the cattle and the crops, including the purchase of the farm equipment. 16. Resolved. Hubert X. Gilroy, Esq. Page 4 March 13, 2006 Please call me if you have any questions. Sincerely, Theresa Barrett Male TBM/ Enclosures Cc: Lori I Moffitt (w/enc) '?1-4VVV 14. 1'a Wua•+ ?wuu unw v.• •vu •-• -'- ?^-' "-" )ttlement Statement and U.S. Department of Housing 1r _ OMB Approval No. 2502.0255 t of loan FHA 2. ? FmHA 3. ? Conv. Unlns. ' & FRO Number _ . T. I- Nvmbar e. Moneops Irawanes c,ae numbs VA 5. ? Corv.Ins. ;PS22-05 _ 33332176MOFFITT _ e; Thb form it famished to give you a statement of actual settlement costs. Amounts paid to and by 'be Settlement agent are shown. Items marked "(p.o.o.)• were paid outside dosing; they are shown hem for informational purposes and not included in the totals, a,e Adarba d esaawr . _.. ..... i E Mama arq Addr«. of e?Nr -... -.__ . -.--- ?. Nams a?q MM,c atlagst ...--_• .. ---- - . Moffitt N/A :craft Drive Commerce Bank, Harrisburg, N.A. aniesburg, PA 17050 100 Senate Avenue __ __....._.. . ^t - . _ Cam Hill _ PA 17011 _ dy Location ;, K$oWMW*AW ,craft Drive, Silver Spring Township, I Greg Cr R. Reed, Esquire _ PA iPlaa afiieMrnt ?L s.Wat Des erland County , 100 Senate Avenue f 1211512005 Camp Hill PA 17011 oethasemw4 am eedw 12120.12005 nary of Borrowses Transaction K. Summary of S•Ildo Transsedon ocs Amoun[ Dui from Borrower 1D0. 61020 Amount Out To Salia _ - -- ntrkctsalespria, _ .......... r 001, Con Vatasalacda -.-.p ..---_.... _---,,.I. ...._.._ .. rsonglP!OPB11X.__ .. _...__...?_ Idamtnt chorL" w Dorr9wsr Ins 14001_.__._.. „ 174,840.7Q 402, Poronalpoe!ff X03. , ._._._ ... - -•-I--- • ..-- - • - - .,_ .. -__.. ..- .?_ ..._._ . .. _. -..._ ._._ ? 40'1,.- .. - - - fusumnts for Itams,E?10 by seller Ie advance Ad wtment? for items Paltl sr soll?r In advance _ _ ,• Yn°wn-ux°a_- _ to 40KC Ca_yAown roses to .-'- unvt»x s. to 4 _ W7• Cwn?t axes _.. to togxm?nt:__ _ to T to 40e._Ae20oP" to 404. ...?- to _ to 411. to _ 19 to gas-Amount Due From 0orrowor I ndpel "r Rqi of new Iottn(s1 _ i 190 0,____00.00 e0np bansc) lakai ?ubjecl ro - - I _ lustmenu for lams unpaid b2 .u.r ,- yAOwn "s 1p , ses;meets _ - I _ -- to ? . to to t tal Pahl BylFor Borrower Istt At Settlement Fromm oeo Amount due Iron DorK k amount paid /for bum ish D From orsill"d hereby sdtro4s CAREFULLY REVIMED GENT OF ALL RECEIPTS ED A COPY OF THE Hut a tW ER ._ _ Wf:R BEST OF MY KNOWLED WERE RECEIVED AND h NO: IT IS ME TO Kt 1ON CAN INCLUDE A F we Edldon Is Obso Gress Amount Ow To Sauer Satuamont dudes to salor dine 14001 _ Eaicllny,!p"s) uken wD cl to Payoff or den monoono ban _ Psyoll of second mongyo ban -I ones 1O _ _ onto .-- :- 10 10 to 10 190,000.00 520. Total Reduction Amount Due Sauer 0.00 © To Borrower 15,159.301607. Cash © To . , ? From Sauer I 0.00 0e the te*W a a completW copy of pages 132 of lhb aWtemam 6 any attachments referred to hard". HE HVD-1 SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF. IT IS A TRUE AND ACCURATE F D138 )RSEMGNT$ MADE ON MY ACCOUNT OR BY ME IN THIS TRANSACTION. I PURTHER CERTIFY THAT 1 HAVE ,7 SELLER _ ...... ... _ SELLER tE? E 1 6ET1 jtpsT S rEMENT WHICH I HAVE PKEPARED IS A TRUE AND ACCURATE ACCOUNT OF THE FUNDS n,ca, n av THE UNDERSIGNED AS A PART OF THE SETTLEMENT OF THIS TRANSACTION. PENALTIES UPON RESPA, HS JUb 1G;1% w••-- •-- - tleslBrokar s Co sslon basal on Aca S Y. ¦ Paid From Paid from ofxgmmissi n ILne 700 as r Ilowc: -_ ,-_ • _- •--•, ,-_ Bwot aes Seam to Furls At I Funds At Settlement Ssldement -t2a oeld at Seuloment __• _ _y_ _ - _ - 'Vabla in Connecdon With Loan _•--•.-_•-•• •--•?. _- _ --,-.•• - -_• .• rtginalbn Fee -?^ x- &000fIt 1.00 x Commerce Bank_ 1,900.00 - al Fee - to L. ESC uifax Mortgage Srvs X0.00 PO_Commer_ce Bankt _ ; InspealSn Fw Le Insuranq AyDpurlon Fes t0_ -• ?_• .--_ --• • -• •- xlon Fee _ --• -- nistration Fee 325.00 -, 10! FeO.50.0o Pqc? Commerce Bank , -„ . --- - -- I Determination Fee ($6.00 POC by Commerce Bank), S Fee ($4_00 by_POC,Commerce Bank I (,aquind?Landar Tope Pald Ip Ad-vanoe _,_- ExeWdq kst dsy_M Cues :line 901 Thom 12/20/2005 ?0 12/31 %05 5 35.625 r da _ -? _ 427.50 --' tle insurance Premium for __ monde to -- Insureruo years ._...- rvag Deposked Wlth Lander , -. __.,.. _--. .. . _-.__,..._-. og? insurance monNS S _ pw, month rgpeA taxis momhe®S ,.. Per month- • _ _ ._-- I -. --. _-- al asses- sments - monLNAk . AWnlh _ . -_ __- .. I mom S vat mcmh ----•- mon S _?q month - tl---- 19abAceountingAdlus?imeM •--_•- Onar imaru....02 n fee _ - ,Gr o,R. Reed,.E?gUlre •, _ 75.00?- sU -- examination I to --- t__ Insurance binder , , to T unanl, re ,,,• Ilon i ..._. IC _...._ .. _ .. ry,ees, , , _ to neya aes- abw_ Items nixnbars• _ -,? • _ _...._?-. . insurance 519-0+b0-0 -1182.38 In Gre orY R. Reed 8 Security Title 1.332.38 ides aboveitpi-m nmbarA. 100 300 and 8.1 $150,OOL- _ _ --, lets e0verege?_. •_-__ a .. .----. _ I _.._-._.- 1 T t:ft coverage .__«.. ?.... S __. -_-._._ _ _ - • • - sing Protection Letter --Secu..ri Title _ 35.00 _ bwnl?tnJsul: De00 S : Modyags S __.. _ , _.- a taxhumes: •Qead S Nine" S lidonal Settlement Charges , . __-.._ ?-__.... ,.__!_._._• _.. _ ._______....- 5 vereign,Bank Loan #6819141599 ..._.-....._ ... _ .... _. Lstirnate) ereign Bank Loan #35611§991 ___ .. 39813 __--?-•: •. .- •• 7, 130 17 26 17 _ __-_,_ _.•••____ _., _ -, v urier Fee two Sovere?gn Bank Loans, two_Cld credit cards, return packaaej_- - . ?- 5 0 ? f- bra Basehore Wiest Tax Collector- Tax Certification •---•-•- . _ 0__._........-•--- - --.....-----..__......_- • •- :• -••---.. - .. .. --- .... ------- .. _ .....___.. . ---• ? W Settlomant Charges (moron Ilnee 103 Section J and 502, Sesden K) ( 174,840.701 0,00 nREFULLY REVIEWED THE HUD 1 SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF. i i u...R?= AND ACCURATE UNT OR BY ME IN THIS TRANSACTION. I FURTHER CERTIFY THAT I HAVE c D A - - -- rER SELLER .._ _ ...... N/A ER YFR ....___-_ ... .?_?ar._ _-••••_.-? SELL SAC NITED STATES iION ICAN NCLUDE A FINE nAND ILy FALSE MPWSONMGNT FAOR mwlrrs To LS SCa'E UTr Le to U.& CODE 315=0N•toANY 01 4 36VTION 1010- PENALTIES UPON et Redagerma:MpgUiA -Sep.21 05 11:50a The Moffitt's Sovereign Bank DOUGLAS A MOFFITT 3a LORI J MOFFITT 21 ARTCRAFT DR MECHANICSBURG, PA 17050-4501 717-795-0823 p.2 STATEMENT OF ACCOUNTS Account Number: 6819141599 Statement Period From: 06/28/2005 Statement Period Through: 07/27/2005 Current Balance: 28-.983.94 Credit Line Amount: 40.000.00 Available Credit: 11.158.70 Year to Date Interest: 91 1 .68 Minimum Payment: 286.85 Payment Due Date: 08/116/20051 IMPORTANT MESSAGES PROVIDING RED CARPET SERVICE(SM).... THAT'S WHY WE'RE HERE. Principal Due 1144.21 Finance Charge Due $142.64 Past Due Amount $0.00 Late Charges Due $0.00 Total Payment Due $286.85 Beginning Balance $29,131.30 Advances- $0.00 Payment Received $290.00 Finance Charges $142.64 Ending Balance $28,983.94 FINANCE CHARGE SUMMARY The daily periodic rates used to compute your finance charge is based on a 365 day year applied over 30 days this period. EFFECTIVE 06/28/2005 THE ** BASE RATE ** WILL BE 6.0000%. EFFECTIVE 06/28/2005 THE *** ANNUAL RATE *** WILL BE 6.0000y.. _RATE SUMMARY _ Periodic Rate Periodic Rate s? Annual Daily Average From Through Percentage Rate Periodic Rate Daily Balance 06/28/2005 07/27/2005 6.0000 .0001643835 28.925.20 TRANSACTION ACTIVITY SINCE YOUR LAST STATEMENT Posting Date Effective Date Activity Description Amount Balance 06/28/2005 BEGINNING PRINCIPAL 28,989.36 07/15/2005 07/15/2005 REGULAR PAYMENT 290.00 28,841.30 TO PRINCIPAL 148.06 TO **FINANCE CHARGE** 141.94 07/27/2005 ENDING PRINCIPAL 28,841.30 a- zsD ?" 1 06:55p The Moff itt's aven%n Bank. DOUGLAS A MOFFITT p, LORI J MIOFFITT 418 PETERSBURG RD CARLISLE, PA 17013-9261 &uIIII I IIIiuunIIn1111111311 11111111r11 111111111119111111 717-795-0823 p.2 STATEMENT OF ACCOUNTS Account Number: 6819141599 Statement Period From: 03/28/2005 Statement Period Through: 04/27/2005 Current Balance: 29.420.22 Credit Line Amount: 40.000.00 Available Credit 10, 716.93 Year to Date Interest 494.45 Minimum Payment: 283.57 Payment Due Date: 05/16/2005 IMPORTANT MESSAGES PROVIDING RED CARPET SERVICE(SM).... THAT'S WHY WE'RE HERE. Principal Due $146.42 Finance Charge Due $137.15 Past Due Amount $0.00 Late Charges Due $0.00 Total Payment Due $283.57 Beginning Balance $29,553.07 Advances $0.00 Payment Received $270.00 Finance Charges $137.15 Ending Balance $29.420.22 FINANCE CHARGE SUMMARY The daily periodic rates used to compute your finance charge is based on a 365 day year applied over 31 days this period. RATE SUMMARY Periodic Rate Periodic Rate Annual Daily Average -Fno,n--- _----Throug<5-- ,Pater:age--Rate PSAiow-c Pate --- ---Mttl/ R !once .- 03/28/2005 04127/2005 5.5000 .0001506849 29.360.48 TRANSACTION ACTIVITY SINCE YOUR LAST STATEMENT Posting Date Effective Date Activity Description Amount Balance 03/28/2005 BEGINNING PRINCIPAL 29,433.07 04/13/2005 04/13/2005 REGULAR PAYMENT 270.00 29.283.07 TO PRINCIPAL 150.00 TO **FINANCE CHARGE** 120.00 04/27/2005 ENDING PRINCIPAL 29,203.07 APR-8-a005 12:23 FROM: 04/!1/2805 15:43 15 PiudenW WfA?-- ?mncW LORI i MQ 21 ARTCRAFT 13 R PA 17055 OAMSMIM Office PO &M7390 Philadelphia, PA 19101-7390 PM 778-2255 W1Mlv4l svValdom Insured: Lori J MOM Policy Number: RI 081515 April 1, 2005 Agar Loci J P.5 I am pleased to "nd to a request for values on the sbcva refamwed policy number. X have oafted !??Jhatlbn below. IU values haw beau calculated as of Se *auber 5, 2004. Please note that any traq lncdws that have owmed after this date would not be reflected in these values. Fuid Vsne 35.94M5 Cash S3r"#dW O $ 000 iChr6tuding Lama and Laaest M $ 0.00 To :R Cub Swmmder Vatue Payable S 5,94035 Investment perN iu mm an the fonds suppafing this oonwd is not guaranteed as the selected sub- accomna fewds xtnate based on amW iuveatmeut msvlm If you haw any ltesdOW, phurse call our Customer Service Office at (800) 778.2255. Monday tbmagh Friday, :-00 a.m. to midnight; Fin time. You can also reach us on Saturdays, betweca 8:00 aaa. and 30 pan, Eastam time. If you.are using a wkcommunicadons device for the hearing imp tired, plew pall at (800) 778-8633, Monday through Friday, 8:00 am to 8:00 p.m.. Eastern time. One of o customer service represenWves will be happy to help you. Sincerely, Lynn Rq Lynn Raysor Customer Sa Registered R SS mm W a AmdaW tsentadve Pruco Securities, LLC Life insu=ae 1=ed by: Pmw rlif O Insurance Company locafd at 213 W4WVngton Sftmi, Newark, NJ a?102-299;, and offered through Psuco Securities, LLC (Member SlPC), located at 751 Broad S k Newaris NJ 07102-3777. Both ere hudentW Financial, Inc. oompWes and each is solely respe .'blie for its owes financial condition and conhwtusl obligations. (717)697-1451 TO:2336862 PkU11tN t tAL Prudeaffal Fmq.ei81 is a servlee marls of The Prudential Insurance Company of America, Ncwarlc, NJ, and its afl lies. APR-8-2005 12:23 FROM:YOCKIN (717)697-1451 TO:2336862 P.6 .. 0111 q11/ 4000 L-+: to too-Im7a-07au rmuunni iHL I rw.n. %rc8 W+ Prudentfal""k MOW SWAM Orfios PO 8=7390 PhladstOAL PA 19101-7390 (00017782255 www;tuft*l.com LORI J MU 21 ARTCRAFT tR PA 17055 Insured: Lori J Moffitt Policy Number: 73 308 656 April 4, 2005 Dear Lori J Mof9 t I am wHft in re(?Kwx.to a request for information concerning the above mentioned policy. You should find the lowing Wmmation helpfiiL have outtmed th kr on below. 11m approximate values have been ca mfiftd as of S"tember 5, 20 k Please note that any tra mcdons that have occurred after this daft would not be reflected in these Wues. Grass salt 8etrrenderVdue $1654.50 Vie Paid U Additional Ins $ 474.67 Te Man Dividend S 350.00 Less o • ffidert Doan inciudt Interpat S 0.00 Total C ah Stirrewler Vahre Payable S 479.17 ff you have any q ftiions, please call our Customer Service Off= at (800) 778-2255, Monday through Friday, $ )0 em. to midnight; Eaat3emtiuuua You can also roach us an Saturdays, between. 8:00 a.m. and 3: p.m., Eta time. If you am using a telecommunications device for the heating impaired, please 10 at (800) 778-8b33, Monday through Friday, 8:00 a.m. to 8:00 pxa, Eastern time. One of our r service represeatatlves will be happy tD help you. Si tccn+cty, SFiarilea SC try Shvilea 3charber Special Services bait MM Life Insurance ' Ad try: The Phxleatki Insurance Company of Amadca, and offered through Pruco Securities, LC (Member SIPC),_both located at 751 Broad Street; Newark, NJ 07102-3777. Both are Prudential. Financial, Inc, companies and each is solely respamsiWe for its own finanekI condition and wtual obligations. Prudential FinarciN is a service mark of The Prudential Insurance Company of America, Newark, NJ, and its affrliat4 o. Iact 05 05 12:40p The Moffitt's 717-795-0823 MoD Afaste cmd Account NwIdW 5179 4000 3032 5860 Customer serwer. 1-800-554-6914 Total Credit Line Available Credit Une Cash Advance Limit Avellable Casn Limit $205OO $15244 $ISOOO $15000 PO BOX 142319 Statement/ Amount Over Pwch/Adv IRVING. TX Closing Date Credit LID. Past Ow Minima. Due 75014-2319 09/16/2004 $0.00 + $0.00 + $109.00 = 9/10 44284013 8/21 8/21 YV78TS30 8/24 881144 19*F8W00 New Balance $5255.01 M1Mnwm Amount Due $109.00 Amount Payments Credits & Adiustments PAYMENT fHANK YOU Standard Purch GIANT FOOD STORES 4112 CARLISLE PA DTV*DIRECTV SERVICER39 800-347-3288 CA PURCHASES*FINANCE CHARGE*PERIODIC RATE -200.00 41.00 68.87 50.66 Rebate Summa Prier Redae.ed This Earned TNs Expired Tld a Rebate LUHI Balance Stetemeal Statement statement Available *$ Rebates 34.47 .00 1.10 4.22 31.35 596.63 EXXONMOSIL SPENDING: AD X 34A a .00 OTHER SPENDING: 109.07 X 1% = 1.10 IMPORj? N?TF JI__"QUT 1 RFt1T7 RFpnRjjJ1_ _ . ORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. hr Please see the enclosed Notice of Change in Terms to Your Card Agreement for important information regarding changes to your card Agreement. r/ Is your account protected if something unexpected happens? Calf us at 1-866-247-0360. We can help! Account Summary Previous + Balance & Purchases (- Payments Advances 6 Credits (+) FINANCE CHARGE = Now Balance PURCHASES $5.294.48 $109.87 $2 00.00 $50.66 $5.255.01 TOTALCES $S 254 48 : 00 $ 0 .00 $ 0.00 . . $19.87 $280.00 0 . $ $5.2 5 Days This 81111n Per1Dd: 30 Rate sry a ante Subject to Finance Charge Periodic Rate Nominal APR PE RCENTAGE RATE PURCHASES Standard Purch $S,364.35 0.03148%(D) 11.490% 11.490% ADVANCES Standard Adv $0.00 0.03148%(D) 11.490% 11.490% p.3 SEND PAYMENTS TO: CITI CARDS P.O. BOX 0111 S HACKENSACK. NJ 07606-6111 4324S PLEASE rOLLOtt PAYMENT INSTRUCTIONS 04 REVERSE SIDE. PAYMENT MUST RE RECEIVED IV 1:00 PM LOCAL TIME ON 10/11/2004 _?__?_ Oct 05 05 12:39p The Moffitt's 717-795-0823 IZ Mobn IN SWCwd Account Number 5179 4000 3032 5860 Customer Servks: 1-800-554-6914 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit $20500 $6575 $15000 $65T5 New Balance $13924.68 90X 142319 IRVING, TX Statement/ Amount Over Pdreh/Adv CI 1 Date redit Line Past Due inimum Doe 1 2 Minimum Amount Due 00 290 75014.2319 290.00 = 04 0.00 + 50.00 + 12/16/ . said gate Post Date Relerence Number Activity since last Statement Amount PaYYteents Credits i Adjustalents 1lENT 1HANK YOU PA 00 -250 12107 44147192 Y . Standard Purch 11/24 11124 P806F300 DTV*DIRECTV SERVICER39 800-347-3286 CA 64.64 12/16 PURCHASES*FINAHCE CHARGE*PERIODIC RATE 48.57 Balance Transfer - Charged To Offer 7 12/14 12/14 00072570 BAL XFER CHECK 11 1107 9,119.48 12/16 PURCHASES*FINANCE CHARGE*PERIODIC RATE 2.99 TRANSFER YOUR HIGH-RATE BALANCES AND SAVE! Enjoy a low 3.990% APR on transferred balances until they are paid in full. And, there is no balance transfer fee with the offer described above. Check valid until 12120104. Rebate ununa Prior Redeemd Thie Earned This Ex*vd This Rebate IJtetlme __- 5tattmeM_ _ stft-MIA _.-. ----- ?t+tMri -- AL111!td!_.._- • _ _ _ REbtlAs. _ 19.22 .00 .65 1.07 18.80 598.60 EXXONMORIL SPERDINO: .00 OTHER SPENDING: AS Account Summary Previous Balance + Purchases - Payments 6 Advances & Credits (+) FINANCE CHARGE = Now Balance PURCHASES $4,939.00 $9,184.12 $250.00 $51.56 $13,924.68 ADVANCES 0.00 1 $0.00 $0.00 0.00 56 1 0.00 $13 68 914 TOTAL 9.00 $4,9 $9,184.12 $250.00 1. $ . , Days This BUlln period. 30 Rate Summary Balance u let t Finance Charge o er o c Rate Nominal ANNUAL APR PERCENTAGE RATE PURCHASES Standard Purch Offer 7 $4 928.88 012.05 0.03285%(D) 0.01093%(D) 11.990% 3.990% 11.990% 3.990% ADVANCES Standard Adv $0.00 0.05477%(D) 19.990% i 19.990% p.2 SEND PAYMENTS TO: CITI CARDS P.O. BOX 8111 S HACKENSACK. N! 07606-8111 8125 PLEASE FOLLOW PAYMENT INSTRUCTIONS ON REVERSE SIDE. PAYMENT MUST BE RECEIVED BY 1:00 PM LOCAL TIME ON 01/10/2005 Oct 05 05 12:40p The Moffitt's 717-795-0823 p•4 . LORI J MOFFITT Page 1 of 2 Account Number. 4287 5900 0049 2211 1/ lSAN MEMBERS 15T FEDERAL CU Closing Date: I 12117/04 Credit Limit $13,000 Available Credit: $12,951 gccour>t lrq>c[es_ _: ; ..:.:;:..• •: •<,•;>:.., :; y;; :Account Summary .:.:. : . •: . Customer Service: Q0 (717) 795.6032 Previous Balance $ Purchases + 9,119.48 0.00 Cash + 0.00 Credits - MOD Please Direct Written Inquiries to: Payments 9.119.48 CUSTOMER SERVICE O Debits 0.00 BOX Finance Charges + 48.51 F FL L 33 33 TAMPA 630 TA , NEW BALANCE $ 46.51 ,Payi>rlent infoimatit??;?•:. .. __ • - - , ..... .. -. ...: • . • . . • •.. . Total Minimum Payment Due $20.00 NGnimum Payment $ 20.00 Payment Due Date 01/11/05 Past Due Amount s 0.00 Over t /Fees S 0.00 Mail Payments to: VISA PO BOX 77044 MADISON W153707-1044 t:iinPortant New%. t ..... YOU HAVE EARNED $0.00 IN CASHBACK SO FAR THIS YEAR! TRANSFER THOSE HIGH INTEREST CREDIT CARD AND LOAN BALANCES TO A MEMBERS 1ST VISA CREDIT CARD TODAYI SEE THE ENCLOSED INSERT FOR MORE INFORMATION. • • w f • a • FOR THE NEW YEAR. USE YOUR SCORECARD - THE CARD THAT GIVES YOU CASHBACK. TO REPORT A LOST OR STOLEN CARD PLEASE CALL' 800.325-3678 LST STLN AFTER HRS 717-T95.W32 MEMBERS 1STF.C.U. TO OBTAIN ACCOUNT INFORMATION 24 HOURS A DAY CALL: 600-299-9842 .Account Activity Since Your Last Statement rM 1 mcn, O, NVJV.i ! MGM A P /N\Y V t "16"\ 12113 12113 0000 74287594346001511212532 PAYMENT - THANK YOU i 9119.48- V5 ( Oct p5 05 12:40p MEMBERS 1ST FEDERAL W The Moffitt's 717-795-0823 p.5 LORI J MOFFITT Page 2 of 2 Account Number. 4287 5900 0049 2211 viSa? Closing Date: 12/17/04 Credit Limit: $13,000 Available Credit: $12,951 ?.:Accou Actl. sumfrtary. Average Daily Periodic Corresponding Finance Effective New Balance Rate APR Charge* _ APR Balance Current Purchase $ 0.00 0.8125% 9.75% $ 0.00 Current Cash 4,615.45 0.8125% 9.75% 37.50 Previous Purchase 0.00 0.8125% 9.75% 0.00 Previous Cash 0.00 0.3325% 3.99% 0.00 Old Purchase 0.00 0.8125% 9.75% 0.00 Old Cash 1,355.28 0.8125% 9.75% 11.01 Fees(Finance Charge 0.00 Total $ 48.51 9.75% $ 48.51 See reverse side ror explanation of Finance Charge Method Credit Purchases: G Cash Advance: A Days In Billing Cycle: 30 NOTE: IF YOU HAVE A VARIABLE RATE ACCOUNT THE PERIODIC RATE AND ANNUAL PERCENTAGE RATE(APR) MAY VARY. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORNUITION AND BILLING RIGHTS SUMMARY Sep OF] 05 09:42a The Moffitt's 717-795-0823 p.2 Mobil Account Number 5179 4000 3032 5860 Customer Service: 1-800-554-6914 Total Credit Line Available Credit Una Cash Advance Limit Available Cash Limit Now Balance $20500 $0 $15000 $0 $11359.39 PO BOX 142319 Statement/ Amount Over Purch/Adv Minimum IRVING, TX Closing Date Credit Line Past Due Minimum Due Amount Out 75014-2319 08/16/2005 $0.00 + $0.00 + $236.00 = $236.00 Sala Date Post Date Reforance Number Activity Since Last Statement Amount Payants Credits i Adjustments 55 f 8/03 3228 38 PAYMENT NANK YOU -800.00 Standard Purch 8/16 PURCHASES*FINANCE CHARGE*PERIOOIC RATE 56.99 Balance Transfer - Charged To Offer 7 8/16 PURCHASES*FINANCE CHARGE*PERIODIC RATE 20.34 Our records show home phone 717-795-0823 and busibess phone 71T-790-5722. Please update coupon it incorrect. Accou rtt Summary Previous Balance + Purchases & Advances Payments -& Credits (+) FINANCL = New CHARGE Balance PURCHASES $12,082.06 0.00 $800.00 $77.33 $11,359.39 ADVANCES $0.00 0.00 0.00 8 ¢¢0.00 $0.00 TOTAL $12,082-06 50.00 $8 0.00 $17.33 $.11,359.39 Days This Blllfn period: 29 Rate Summary Balance Subject t o Periodic Nominal ANNUAL Finance Charge Rate APR PERCENTAGE RATE rd Purch 5.317.29 0.03696%(D) 5 6,416.21 0.01093%(D) rd Adv $0.00 0.05888%(D) 13.490% 13.490% 3.990% 3.990% 21.490% 21.490% SEND PAYMENTS Tog CIT1 CARDS PO BOX 183061 COLUMBUS, ON 43218-3061 IS86S ------ P1 ELSE_FOLLLIC_PAYJIEY.LIRSIMCXLOKS..OJt_JtLVEBSE_S.IDFr.P.LYYEIT. Milt 9E_REL£lYEO.flY_ 00 PM.LDLAL_ILIE_IIIL.09/12l?A05 ---- _.__. Visit: www.exxoninobilmc.accountonline.com A@14 Mobil Masterdrd 15174400030325860999991236000013 Your Account Number 5179 4000 3032 5860 Please Enter Amount Of Payment Enclosed Pavmtnl out 00. riot Total Baianta Minimum Amount Due SEP 12 2005 311359.39 3236.00 1 ?tv v 15865 MC 37 A 1 OR05CO528 I...rll...I11....I.taiIIIa.1111.1.1.11...... 11..1.1...11.Iaa11 I11a.1aa11.9.14111111 11148 16211111 111 to III$' am is 11261011 CITI CARDS LORI J MOFFITT PO BOX 183061 DOUGLAS A MOFFITT COLUMBUS, OH 43218-3061 -21 ARTCRAFT DR ??' MECHANICSBURG PA 17050-4501 lulllr/lllu?llll?lul.Illllnlll.Illlullaslulltltt[utllll -f he Moff itt's 08.05 O9;43a r ,ru w r W a nu m .a r r? ap r r t r .D . r 0 W Ln rn d w 717-795-0823 ?N r i y 1 Q ?G 0 J N t co P, 3 Exhibit2 APR-82005 12:22 FROM:YOCKIN C717)697-1451 TO:2336862 P.2 84/04/2085 09:59 97331434yy ['?I IAL INVtS I VPA= vzf tad adential? Pr The Prudential ATTN: Bob Yockin FAX # 717-697-1451 Shareholder: Lori J Moffitt Douglas A Moffitt Account Number 3900196796 March 30, 2005 Dear Bob Yockin: 1 am writing to you in mutual fund account 1, Prudential lnvestmenle lallU Prude0al M Wal Fund SeMms LLC P 0 BOX 8098 Philadelphia, PA 19191 (800) 225-1852 www,prudendal.com oference to a recent telephone inquiry regarding the Prudential sted above. Please be aware that the date of death, September 6, 2004, was a non-business day. I have provided you ' h the value in the account as of September 3, 2004 and September 7,2004: September 3, 2004 September 7, 2004 Dryden Goverment Income: Class A Dryden Govemnent Income: Class A 1,178.189 $9.09. $10,709.74 1,178.189 $9.11 $10,733.30 The account balance i 4eterAi&hwd by muj*tying the total number of shy in the account by the NetAssei Value (pi, ce per share of the fund). Please keep in ndnd °N tht Net. sset Value of &e,frond flrneruates on a daijy barns add tleerefore, the account e, alas wig also ftudHmta 1 trust that this informi-ltion has been helpful. Exhibit 3 Nov 21 06 09:33a The Moffitt's Mutual funds from Prudential financial )ennisonDryderf M STRATEGIC PARTNERS-" 00000318 MAIL TO: LORI J MOFFITT DOUGLAS A MOFFITT JT TEN 21 ARTCRAFT DR MECHANICSBURG PA 17050 717-795-U823 Your Representative ROBERT P YOCKIN LUTCF PRUCO SECURITIES LLC W SH (717)975-8150 Your SSNlTMn#: ON FILE Your Account 03900196796 Non-Retlrement P. e Page 1 of 4 Mutual Fund Statement - July 1, 2006 to September 30, 2006 Investment Summary Opening Balance on July i , 2006 Additions Subtractions Investment Results $10,980.11 $0.00 $0.00 +$347.07 Closing Balance on September 30, 2006 Personal Performance' Dividends This Period +3.62% $129.81 Year To Date +2.07% $367.13 $11,327.18 Capital Gains $0.00 $0.00 Investment Allocation Tax Bond 100% I? I? r- ilk I? ' Cabufated using a dollar-welghted rate of return method for the period(s) listed. Results are based on your specifis activity and may not refieot overall fund perfomualoe. Standardized fund performanos In available by speaking with your financial professional orby visiting www.prudential.oom. Note. There are other personal performance formlas that may yield different figures, and past performance Is not indicative of future results. ??•," ?` ue uu:93a The Moffitt's LORI J MOFFITT DOUGLAS A MOFFITTJT TEN P.,4 Page 2 of 4 Non-Retirement Account Summary for the Period July 1 2006 to Se te b 30 , p m er , 2006 Tax Bond V>tue :__;; AddiHohs - total are Su btractidris:'° Stiat?s' .: - Pricy > : Ettding:.• °: Psraonal : value°: ''P ? . . ; . : erforthnce Dryden Government Income CIA Fund #: 0084 / NASDAQ: PGVAX Account #03900196796 $10,980.11 $0.00 $0,00 1,287.179 $8.80 $11 327 18 3 ° Total Tax Bond: $10,980.11 $0.00 .._?.... _..__?__ ------._....- --------..... 000 , . + .62 i6 ......_..-._... ..._ ._.._.._. :..:......::... :?? ..::.:......... on-Retireineilt Tota1 ..:.....:..::.. ::.: ...... .,..... .. .... :: • : 31 980 11 : (11,327.18 +3.62% , . , . :: $OA $11,327.18 Non-Retirement Account Transactions for the Period July 1, 2006 to September 30, 2006 Dryden Governhidnt Income CIA Fund #: 0084 , ASDAQ: P: .AX ' Account io39OO.l96796 Features & Services: - DIVIDENDS: REINVEST CAPITAL GAINS: REINVEST Representalive; TELEPHONE EXCHANGE ROBERT P YOCKIN LUTCF (717) 975.8150 Detailed Transaction Activity Transaction Date Description 07/01/06 Opening Share Balance 07/25106 DIVIDEND REINVEST 06/25/06 DIVIDEND REINVEST 09/25/06 DIVIDEND REINVEST 09/30106 Closing Share Balance N O O O r a 717-795-U82J Sales Charges Dollar Shares This Share Amount x Transaction X Price - Taxes tly,,H Total Shares s $45.11 5.215 $8.65 1,272.319 $46.21 5.281 $8.75 1,277.534 $38.49 4.364 $8.82 1,282.815 1,287.179 1,287.179 Page 4 of 4 Conveniently access your mutual fund account information online Access your account information by telephone 24 hours a day, at www.prudential.oom -- Enroll Today. 7 days a week using our automated service. P- I Page 3 of 4 Regular Investing - an easy, convenient way to help reach your goals faster. Even modest amounts, added regularly, can really make a difference over time. There are several ways to add to your account: • Make additional investments to your mutual fund account(s). Use the Additional Investment Form below to add to your ourrent mutual fund account(s) whenever you'd like. Make your check payable to your Fund name or Prudential Mutual Funds and send it in the enclosed postage-paid envelope. • Pay yourself first with the Automado Investment Plan. You can Invest a set amount at regular intervals with automatic withdrawals from your checking or savings account Call (800) 225-1852 and ask for an Automatic Investment Plan Form. Please keep in mind that regular investing cannot assure a profit or protect against loss in a deolirting market Ginoe this strategy depends upon continuous investment throughout fluctuating price levels, investors should consider their ability to make purchases through periods of low price levels. • Build your account without sales charges with the Automatic Dividend Reinvestment Option. Unless you've declined this service, we will reinvest all of your capital gain and dividend distributions In you account without a sales charge. Need to change your address? The change of address form Is back (located on the back of the Additional Investment Form). Please send us your new address in the enclosed postage-paid envelope. We're at your service. For questions or more Information about Prudential Mutual Funds, including charges and expenses, please contact your financial professional or call us at the Prudential Mutual Fund Service Center at (800) 225.1852 for a free prospectus. Please read the prospectus carefully before Investing or sending your money. Reminder: Minimum Subsequent Purchase is $100.00 per fund. Lesser amounts will be returned. _..._._.____.___------_..-..----------_-..__._._________.____.-•---------._....._.-..--------_.._._.___.____._----------------- Additional Investment Form Account Ownerla) LORI J MOFFITT Reminder: Minimum Subsequent Purchase la $100.00 per fund. Lesser amounts will be returned. DOUGLAS A MOFFITT JT TEN Please indicate the dollar amount you wish to invest on the line below, next to your fund(class. List the total amount of your investment and make your check payable to Prudential Mutual Funds. Your Account Number Is: 03900196796 Your SSNlrax ID Is: ON FILE i•:4 Vii:^' 4:t?: :%O-:*r t -- Y- x::if>..c.. ?::i?+ : a--..i?t?$:,: •5r':'.. h>'-.':,•::.iQ.y,. ???p? ?i::jviYi siY'';?i':?h?:=}:i:J:k?J%i•:^:::•::vr.:•..•.: w>?,•:?Y.•:.'?K.; r.?c.f >1!or?y??i9ti19?yyetflooniiit`to??}?8::t:?>; :`:•: .,E ;:.?# Fir`;,.. - .;5°t'?;k>: :.z,;>s:{: i:> a,.i.??.•:...s'.'.'•.•':z•r...u;5 c::: DRYD GOVERNMENT INC CL A 0084 $ Total investment 0390019679680084000000000000000000003701 Is R Exhibit 4 THERESA BARRETT MALE COUNSELOR AT LAW July 25, 2006 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Re: Moffitt v. Moffitt (# 04-5447 Civil Term) Dear Hubert: ANDREA HUDAK DUFFY, ESQUIRE SUSAN C. APPLEBY, PARALEGAL sca@atbmesquire.com JONATHAN J. MALE, LEGAL ASSISTANT Each time I sat down to prepare my client's response to Mr. Moffitt's settlement proposal, I found that I had to re-examine much of the correspondence which preceded it. This took much longer than I anticipated. Set out below is my client's position. 1. Regarding the items of personalty identified in your April 21 letter: a. The following items are owned by my client's parents: (1) butcher hand saw; (2) electric chain hoist and (6) electric butcher saw (hand saw), which my client refers to as a "splitting saw"; (8) Farmell M-D tractor or Farmell H with plow (this was a birthday present to her father, paid for by her mother); and (11) one (1) fuel tank. Mr. Moffitt therefore is not entitled to these items. b. The following items are owned by my client's parents and the parties: (3) patty maker; (4) large electric smoker; (5) two (2) butcher tables; and (7) electric slicer (large). Additionally, my client's parents paid all of the maintenance, repair and related expenses for these items. Neither my client nor her parents wish to relinquish these items, so we will have to place a value on the items and adjust the distribution scheme accordingly. C. Mr. Moffitt may have his high school diploma, fire company plaques and awards, but we need to know where these items are stored. He also may have his great-grandmother's oil lamp, but there are several lamps, so please have him describe it. My client does not know where the Genie CD may be; she thought Mr. Moffitt had taken this with him. Mr. Moffitt also can have any picture albums which he personally has maintained. d. During the marriage, Mr. Moffitt's step-father gave him a fuel tank with a manual hand pump. He will have to designate a third party to bring in equipment to remove it from the property. 513 NORTH SECOND STREET, HARRISBURG, PENNSYLVANIA 17101-1058 TEL: 717-233-3220 • FAX: 717-233-6862 • WWW.TBMESQUIRE.COM Hubert X. Gilroy, Esq. Page 2 July 25, 2006 2. 1 have attached a partial list of property which Mr. Moffitt removed. From this list, my client's parents want the following items, which they own, returned to them: 7" grinder; the tools, yard tools and power tools from the shed; and the nuts, bolts and parts from the shed. This includes the Craftsman chain saw and other Craftsman tools. It does not include Mr. Moffitt's Snap-On tools. Additionally, my client wants the PTO-driven generator and the butcher kettle returned. 3. According to my client, Mr. Moffitt acquired Snap-On tools during the marriage which she estimates are worth roughly $25,000. My client advises that his employer maintains an inventory of these tools. I would like to have the employer- maintained inventory for the period January 1, 2002 through June 30, 2004. 4. My need for information from my client's accountant relates to the tax consequences, if any, related to the Schedules F which the parties have filed during the marriage, and the S corporation. I am not securing a forensic report on the value of my client's Internet business. 5. My client estimates that the snowmobile trailer is worth $700 and the Terry Camper is worth $9,000. We estimate that the flatbed trailer is worth $500. 6. As confirmed by the enclosed copy of the Prudential Ownership Change for Annuity Contracts, on October 6, 2004, Mr. Moffit transferred ownership of the Prudential annuity (# E0106030) to my client. In my opinion, this is a non-marital asset. 7. The date of separation balance on CitiCard # 5410-6584-4260-6941 was $18,873.50. My client paid a total of $16,548.91 on this debt as follows: $16,133.16 at settlement on her refinancing; $386.01 on or about February 6, 2006, and $29.74 after February 21, 2006. 8. On CitiCard # 5424-4801-2398-032, my client paid $7,144.71 at settlement; $186.16 on or about February 2, 2006; and $27.19 after February 21, 2006, for a total of $7,358.06. The closest statement I have to the date of separation is July 27, 2004, confirming a balance of $8,640.28. 9. My client has raised a claim for alimony which she intends to pursue. Additionally, upon entry of the divorce decree, her medical coverage will terminate, which will add a substantial expense to her monthly budget. In order for me to assess this claim for trial, I need confirmation of the current COBRA rates through Mr. Moffitt's employer. Hubert X. Gilroy, Esq. Page 3 July 25, 2006 10. Subtracting the mortgages from the $338,000 fair market value of the real estate yields a balance of $167,469.18, not $203,000. The equity must be further reduced by the costs of sale, which I estimate at $23,660 (7% rate) and the joint credit card debt totaling $23,906.97. This results in net equity of $119,902.21. My client therefore is willing to pay Mr. Moffitt $40,000 in cash towards his equitable distribution share. She will accept $700.00 per month in alimony for 60 months, to be secured by a life insurance policy. Ms. Moffitt will retain her Prudential IRA, the other Prudential accounts in her name, and the joint mutual fund. Mr. Moffitt will retain his Groff 401(k), the Prudential accounts in his name, the Terry camper, the flatbed trailer, the snowmobile trailer, his Snap-On tools, to which I have assigned a value of $10,000 for settlement purposes only, and the other items he removed from the real estate with the exception of those which my client has requested. This results in a 55% distribution in favor of Wife, which is consistent with the section 3502 factors. Please advise regarding your client's position. Sincerely, G? eresa Barrett Male TBM/ Enclosures Cc: Lori J. Moffitt (w/enc) I-I le ------------ -- -- ----- -- - J-- kA, -- ---- --- - - - - ---- --?s?----p'_s "YL ---------- -- - ------ ?? --- 12 ---- -- -- f? BL5--5e S -- Prudential * financial The Prudential Insurance Company of America Pruco Life lirsurence Company of New Jersey Pruce Life Insurance Company All are Prudential Rnanciel companies. Ownership Change for Annuity Contracts Instructions Use this form to change ownership of your annuity contract. You may not assign ownership of an annuity held under a tax-qualified retirement plan or arrangement (including an IRA) to another person or entity. If your annuity is held under a tax-qualified retirement plan or arrangement (including an IRA), you may use this form only: to roll over your benefit to an individual retirement annuity or to obtain a non-transferable annuity. Please follow these steps when completing the form: Print using blue or black ink. 2. The current contract owner should complete sections 1, 2, 3, and 4. Sign end date in section 5. 3. The new contract owner should sign and date section 6. Important Please read carefully. The transfer of ownership of an annuity contract may have tax or legal Tax implications; therefore, you may wish to consult with your tax or legal adviser before initiating any such Information change. Once the ownership change is effective, the tax reporting of the change cannot be reversed. Depending on the type of contract you own and the current form of ownership (e.g., tax-favored retirement plan), there may be restrictions on your ability to change owner(s) or certain legal requirements may have to be satisfied before you can do so. Taxpayer Certification of the New Contract Owner. If you are a U.S. citizen or resident alien, you must provide your taxpayer identification number (TIN) in section 2 of this form. If you are an individual, your TIN is your Social Security number. You must also indicate in section 2 whether you are a U.S. citizen, resident alien, or neither. If you are neither a U.S. citizen nor resident alien, you must state the country of which you are a citizen and submit the applicable IRS Form W-8(BEN, ECI, EXP IMY). In most situations, this will be IRS Form W-813EN. USA Patriot IMPORTANT - REQUIRED INFORMATION FOR ALL NEW OWNERS Act Identity To help the government fight the funding of terrorism and money laundering activities, Federal law Verification requires all financial institutions to obtain, verify, and record information that identifies each person/entity that owns an account. What this means: When a person/entity becomes the owner of an account, we will ask for the new owner's name, address, date of birth, social security number, acting trustee/officer name(s) and other information that will allow us to identify the new owner. We may also request other identifying documents necessary for verification purposes. We may verify the information provided with a national database or similar verification system. This verification process will take place as we process the change to the new person/entity. Once verification is completed, we will be able to fully service and maintain the account. Corporate Office: 751 Broad Street, Newark, New Jersey 07102-3777 ORD 78280 Ed. 9/2003 Page 1 of 4 About the Contract number Eightornine characters. Leave empty space if eight.) Current [-[-I t i l l 11111 1 111 1 1? i Owner(s) I I I I ? ? I ? I I l i I I I 1 I I 1_J I I 1 1 1 I 1 ? 1 Name of cyrrent owner (first, middle initial last name) Name of trust(corporation/other (if applicable) Social Security numb /EIN Date of birth (m ., day, year Sta residence Name of current joint/contingent owner, ipplicable (first, middle initial, last name) Soci S curity num er/EIN ?Date of birth ( ., day, year) St residence 01. USA Patriot Act iD Verification (for Entity Use Only) New Name of entity Owner's ID I I i I I i I I I I I I I ? I I 1 1 ? I I I I I I I I I I I I I I J Verification Name of designee (Trustee, Partner, Executive officer, etc.) II II I i I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 I _L J Form of ownership: ? Trust ? Corporation ? LLC ? Partnership ? Charity Taxpayer identification number (TIN) Date of formadon(tncorporation State of formation(ncorporation I I I I i I I I I I I? 1 1-1 1 1-1 1 1 1 I W All new entity owners must check and submit the appropriate document(s) below: ? Trust agreement ? Articles of Incorporation 13 LLC operating agreement ? Partnership agreement ? U.S. or state government or agency issue business license * Submission of the Trust Document is required to verify existence of the Trust in compliance with Section 326 of the USA Patriot Act and will be reviewed only for that purpose. By obtaining a copy of the Trust; Prudential assumes no liability or responsibility for any provisions contained in the Trust nor the sufficiencyor appropriateness of any Prudential products which may be owned bythe Trust. Important Are you a tax exempt entity as described under sections 501(c), 501(9), or 401(a) of Tax the Internal revenue Code ("IRC")? If yes, you do not have to complete section 4. ? Yes ? No Information is this a grantor trust for federal income tax purposes that meets IRC Sections 671-679? (fornew If yes, you must complete section 4. ? Yes ? No entityowner.) Is this trust acting as an agent for an individual under IRC Section 72(u)? ? Yes ? No The current ownership provisions of this contract may place it under the provisions of IRC Section 12(u). Unless at least one of the above boxes is marked "yes", this annuity will be subject to tax treatment different from that of individually owned tax-deferred annuities. Increases in the value of assets held in this contract(s) (not directly attributable to payment(s) applied) during any calendar year will be treated as ordinary Income received or accrued by the owner during the year earned. By signing this form, you acknowledge understanding of this treatment. Prudential will issue a Form 1099-R on all earning accrued during the year. We have presented this information based on our understanding of tax law. You may wish to consult a tax or legal adviser for more information because neither we not our representatives can provide tax or legal advice. ORD 7S2B0 Ed. 9/2003 Page 2 of 4 About the Please check one. (Entities must complete section 4 and the USA PatrlotAct ID Verification sections Z and 3.) New . Individual ? Trust ? Partnership ? Other Owner(s) ? Corporation ? LLC ? Charity Relationship of the new ca(?ne/?r/?togthe current owner I 1 I I I I Y V I , 1(1 ' If the ownership change requested is from a tax-qualified, trustee-owned contract to an individually owned contract, you must check one of the following two boxes. I wish this contract to be e(n): ? Individual retirement annuity ? Non-transferable annuity Name of new owner (first, middle initial, iastname) _ _ Trust: ? Grantor ? Revocable ? Irrevocable Trust date WW-W-WI? - month day year Legal address (No PO B?k_'ZT6i Ap t. I I I I I ) //'1 1 I 1 I 1 I I 1 ? 1 I I 1 I I I city /?V,/?`1 // ,, 1 St ZIP code I I 1 e,4IYnA iI G/ I ?rl ?l?iT 1 I ( - I I I 1 Mailing address (If different from legal address.) Apt. I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I City State ZIP code I 1 I i I I 1 I I I i I 1 I -J _j W I I- I 1 I I-j I I I I Social Security number/EIN Date of birth (mo., day, year) Telephone number I I f 1 I I I I i I WJ-L?-'I I I I I I I I I I I 1 I-I I I 1 I A. e eFt?V1S. citizen ? 1 am not a U.S. person (including resident alien). I am a citizen of ? Male ? Resident alien 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Attach the applicable IRS Form W-B(BEN, ECI, EXP, IM Y). Please check and provide the name of ? Joint, or ? Contingent owner, if applicable. Name (firsts middle initial, lastname) I I 1 .1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I __L j Relationship of the new owner to the current owner I I I I I I I I I I I I I I I I Street Apt. City State ZIP code 1 1111 1 1 1 1 1 1 1 1 1 1 1 1 1 J 1 1 1 1 1 1- I I I I Social Security number/EIN Date of birth (mo., day, year) New owner's telephone number 1 1 1 1 1 1 1 1 1 1 WW LW I I 1 I I I I I 1 I I 1 1-I I I I A. ? Female B. ? U.S. citizen ? 1 am not a U.S. person (including resident alien). I am a citizen of ? Male ? Resident alien I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ._W OR018280 Ed. 9/2003 Page 3 of 4 Current By signing below, I (we): Owner - Agree to the ownership change made on this form. Signature(s) - Understand that there may be tax or legal implications as a result of the request and that the request (including tax reporting) cannotbe reversed once processed. I have been advised to consult with my tax or legal adviser prior to requesting this change. - Certify that no other person has any claim or interest in the contract except for an assignee under any assignment now on record with Prudential. • Understand that if I am married, and if this request applies to amounts held by a retirement plan described in sections 401(x) or 403(b) of the Internal Revenue Service Code, then spousal consent an ther requireme is a ly which must be satisfied before this request can be processed. Current owner's sig re an ate month day year X A4 J 40 ?6 1 2 Joindcontingentowner's ignatureand date -?Z9L) 6`'-U month day year New - By signing below, F (we): Owner • Certify that the information provided on this form is correct. Signature(s) . Understand that there may be tax or legal implications as a result of the request and that the request (including tax reporting) cannot be reversed once processed. I have been advised to consult with my tax or legal adviser prior to requesting this change. New Owner1s TIN Certification Under the penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), 2. 1 am not subject to backup withholding because: a) I am exempt from backup withholding, or bl have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien)- You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. You must cross out item 3 if you are not a U.S. person (including a U.S. resident alien). The IRS does not require your consent to any provision of this document 1 other than certification required to avoid backup withholding. c owner's signature month day yea`-`?` J X II I I ! 'I i iJ Newioint/contingent owner's signature and date month day year Standard Prudential Annuity Service Center Overnight Prudential Annuity Service Center mail to: PO Box 7660 mail to: 2101 Welsh Road Philadelphia, PA 19101 Dresher, PA 19025 If you have any questions, please call the Prudential Annuity Service Center at (888) 778-2888, Monday through Friday between 8:00 a.m. and 8:00 p.m. Eastern time. OR018280 Ed. 9/2003 Page 4 of 4 Exhibit 5 APR-8-2005 12:23 FROM:YOCKIN (717)697-1451 TO:2336862 - to N{VV11•.i { -1 --, - ii ....i "-- ....v. vvv - w.. ..__ . __ Lori j Moff in 21 Aftaaft Dr Mhtrg. Dear Ms. Thank you for /a ?As of Septemt pfimlibbommCa9my l ItaItAAA Aaaaysentaea Po Hen IM PIdadelpW& PA 1SM (80""m www,padudd am Contract Nmnber: 80106000 M 17050 March 30, 2005 m recent hRuty eowerub g the value of your Dlsmvery Select. 3.2004. the Contract Fund Value was Inymmum Ovi ?s YxIlme PmdendgJ .ion Portfo>io $1.149.10 Janus Aspen (m Growth $1.14925 P1MCO A A VIT OpCap Meniged :1.34396 Prudendsl D stiffed Baud $1,533.13 Prudential S Index Portfolio $2,508.91 Prudential V ...Pordbuo $3,058.01 American C ; ry VP Value $3,699.92 Total Coxftd W" Value $14,44139 If you have any ruestions or concerns, please can the Prudential A®uity Service Center at (888) 778-2888. 'You can obtain contract vahnw, request forms and duplicate atatomemu, and conduct certain (nancial ftmacdoas 24 hours a day 7 days a week with our automated phone system. The S Trice Ceohr is open Moxday dro* Friday between 8:00 M tD 8:00 P.M. Eastern time. you are using a teleeommuoicadom device for the- heaing WTWhd, you may call (800) 654-7 07, Monday dffo* Friday between 8:00 a m. and 8:00 p m. Eastern time. Thank you for c loosing 1!rudenttal for your insurance and 8nmdal sevicea Sinc y, 6Gd John Jones Customer ServN! Representative P.4 Atwleila?laiyre? medlwte0?s Q11141aq Exhibit 6 E0106030 Type: Non Qualified LORI J. MOFFITT LORI J. MOFFITT The Moffitt's F:-A( 717-795-0823 p.2 Prudential az:4 Financial Discovery Select Annuity Annuity Statement Prudential Annuity Service Center July 01, 2006 through September 30, 2006 P.O. Box 7960 Philadelphia, PA 19176 >08100 3360716 002 092001 Investment Professional: LORI J. MOFFITT ROBERT P. YOCKIN 21 ARTCRAFT DR PRUDENTIAL - PIF MECHANICSBURG, PA 17050 150 CORPORATE CENTER DRIVE SUITE 105 CAMP HILL, PA 17011-1759 --? Annuity * Owner Name: Annuitant: Page 1 of 3 Issue Date: 09/16/1998 Statement Date: 10/01/2006 For 24-liour acccss to your portfolio performance, investment options, current account values and other information: Sign on to our interactive Web site www.prudential.com Or call our Annuity Service Center at 1-888-778-2888. For other inquiries on your Annuity Contract, contact your Investment Professional at (717) 975-8150. Nov 21 06 09:31a Plcasc review your statement thoroughly and contact us if you find any information you believe to be inaccurate. If we do not hear from you in 30 days, tvc will assume that all information is correct. Your Portfolio Your Annuity Activity Beginning Value Purchase Payments Withdrawals Contract Pecs and Charges hivcstmcnt Performance Ending Value Surrender Value largo r-'111 11 f'ap \lirl/S111' Year-to-Date Since Issue $16,688.94 .00 .00 $12,000.00 .00 .00 ($30.00) ($240.00) $1,064.88 $5,963.82 $17,723.82 $17,723.82 Q large Cap 65.48% Q \lid/8111all Cap 15.3$4'0 ® n-ii,l G.141,14. $17,723.82 $17,693.81 \grnt1U2FR11187 U1`11v!11'1411 ro106030, cc Discovery Select Annuity Annuity Statement July 01, 2006 through September 30, 2006 Page 2 of 3 Portfolio Detail July 01, 2006 through September 30, 2006 Variable Investments # of Units Unit Price Portfolio Value as of September 30 as of September 30 as of September 30 M Prudential Value Fund 1,563.20791 2.74802 $4,295.73 M Prudential Stock Index 1,473.10230 2.03803 $3,002.23 0 Prudential Jennison 734.00432 1.90965 $1,401.69 F-1 Premier VIT OpCap Managcd 953.85707 1.63434 $1,558.93 Janus Aspen Large Cap Growth - Institutional 892.57207 1.50972 $1,347.53 American Century VP Value 2,160.97079 2.08187 $4,498.86 Prudential Diversified Bond 998.29535 1.62161 $1,618.85 Total Investment Value $17,723.82 Total Investment Value is the value of your annuity before the assessment of any applicable contingent deferred sales charge, maintenance fee, optional benefit fee or Market Value Adjustment. Withdrawals made prior to the Statement Date are reflected in the values shown above. The Maturity Date is the end of your Guarantee Period. The surrender value may change daily to reflect the investment performance of the Sub-Accounts in which you arc invested and fluctuations in our current fixed rates. Our current fixed rates are sensitive to interest rate fluctuations in the market. Your Benefit Values The Annuity Death Benefit is shown as of the date of this statement and may fluctuate. For more details on how the net death benefit is calculated, please review your prospectus. Certain terms and conditions detailed in your prospectus may affect the actual death benefit. Annuity Death Benefit $17,767-43 The death benefit is paid out upon the death of the sole or last surviving annuitant. Please refer to your contract or the annuity prospectus for an explanation of the features and benefits available under your contract. Investment Transaction Activity July 01, 2006 through September 30, 2006 Transaction Investments # of Units/ Unit Price/ Value/ Date Interim Value MVA Account Value 09/18/2006 Transaction Type: A: inual Fee Prudential Diversified Bond (1.70782) 1.61024 ($2.75) Prudential Value Fund (2.67681) 2.71218 ($7.26) Prudential Stock Index (2.52550) 2.01544 ($5.09) Prudential Jennison (1.25979) 1.88126 ($2.37) Premier VIT OpCap Managcd (1.63439) 1.61528 ($2.64) Janus Aspen Large Cap Growth - Institutional (1.52347) 1.49658 ($2.28) American Century VP Valu3 (3.70390) 2.05459 ($7.61) Total: ($30.00) Transactions in your variable annuity cor..tract are priced at the end of the business day (generally 4 p.m. Eastern time) on the day the transaction was processed. 1•d EZ60-S6L-LiL s,v4tJ.4 0 W 0 ul e££=60 90 is A0W Exhibit 7 Nov 14 06 11:12a The Moffitt's P.2 Page 1 of 2 STATEMENT DATE 0536 17070 ACCOUNT NO. Commerce Bank/Harrisburg NA 100 Senate Avenue Camp HIII Pa 17011 088-937-0004 LORI J MOFFITT DOUGLAS MOFFITT 21 ARTCRAFT DRIVE MECHANICSBURG PA 17050 Commerce CBank ACCOUNT NUMBER 0536117070 PREVIOUS STATEMENT BALANCE AS OF 01/2S/05 ........................ 30.00 PLUS 0 DEPOSITS AND OTHER CREDITS ................... .00 LESS 1 CHECKS AND OTHER DEBITS ...................... 30.00 CURRENT STATEMENT BALANCE AS OF 02/24/05 ........................ .00 NUMBER OF DAYS IN THIS STATEMENT PERIOD 30 ----------------------------------------------------------------------------------- *** CHECKING ACCOUNT TRANSACTIONS *** DATE DESCRIPTION DEBITS CREDITS 02/23 CLOSING WITHDRAWAL 30.00 ---------------------------------------------------------- *** BALANCE BY DATE *** 01/25 30.00 02/23 .00 FOR INFORMATION ONLY. BANKING LAWS REQUIRE US TO STATE WE RESERVE THE RIGHT TO REQUEST 7 DAYS WRITTEN NOTICE FOR CHECKING ACCOUNT WITHDRAWALS. 717-795-0823 NOTE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Member FDIC Nov 14 06 11:12a The Moffitt's 717-795-0823 p.3 Chmkt4w .mo.nv..a a 226648 im?mo 5'.4???o•ic Lf2inas Tnow s vrq n-r- r Amount $30.00 Date Presented 2/23/2( Page 2 of 2 Date 2/24/05 Account -- --- 536117070 Exhibit 8 APR-0-2005 12:22 FROM:YOCK IN (717)697-1451 TO:2336862 P.3 t'1 VY Wax%.iMi VI Vv! VV 11.(.Z CAVar VV¦.• vVV ¦ .ref vva •v. PWaftNaPA ISIS w ? dMddMw Lori) Moffitt Contract Number. 8028M 21 Artcratt Dr Mechanicsburg. ¢A 17050 March 30, 2005 Dear Ms. Motes Thank you for w recent b quky eoncerdng the value at: your Stratngic Partners M Basle. /As of S te 2004 d C ntr t F d V l ep m ie , o ac un ue wax a lan"Ot .!? Yajue SP MPS Cap Oppartu fflu PartfD o ;4,256.72 SP CoUn m S hs Smaii Cap Value Portfolio $4.904.47 SP Alliance ie Cap Caawth Portfolio $7,932.04 SP Couservativ Asset Allomdon Part $8.137.82 SP Balanced A iet Alloation Portfolio . $9,481.33 SP Large Cap Vj flue Partfobo $9,124.36 Total ConrtradlFund Vaiae ;42,838.74 If you have any luestions or concerns. please catl the Fn defftW Amdty Service Cenft at (888) 778-2888 You can obtain a nd ract values„ request forms and dupiiale sdttemenb6 and conduct certda honcial transactions 24 hoes a day 7 days a week with our automated phone system. The rice Center is open Monday d ra gh Friday between 8:00 a.m. ID 8:00 pm.. Eastern time. 11 you are using a telecommmdcatlans device for the haft impaired. you may call (NO) 654-7 07, Monday trough Friday betwem BM a.m. and &00 pm. Emu thee. Thank you for c kmiog Prudential far your iaswanee and 8namdal services. Simcere y, - wsio JUlMJones Customer Serv a Represemattve A, Wlrrldla?pu) smima"GO-eNW M two Exhibit 9 Message Susan C. Appleby, Paralegal Page 1 of 2 From: Lori [cntrygrl3@verizon.net] Sent: Monday, October 30, 2006 1:13 PM To: Susan C. Appleby, Paralegal Subject: checkbook register Here's the Members rirst 6realcclown: Gal as of 9/ 14/04 $ 1002.10 C t 3191 Wa?point 15anL (home equity loan) $300.00 C<# 3 192 Waypoint 5anl< (mortgage) $ 1000.00 Deposit 118 $632.00 Deposit 10/ 14 $ 300.00 C6 3193 Erie Insurance Group (insurance) $35.00 C<# 5194 Waypoint Fjanl<(mortgage) $ 1000.00 Deposit 1 115 $27.00 Deposit 1 1/10 $300.00 C<# 3 1 95 Waypoint bank (mortgage) $ 1000.00 Deposit 1 1126 $300.00 Deposit (transfer from savings) 11/50 $3000.00 C<# 3 1 96 Theresa Barret-tMale (retainer $300.00 Deposit 12/8 $300.00 Deposit 12/22 $300.00 Deposit 115105 $300.00 Deposit 1/19 $300.00 CL # 3197 Wa?point F)anL (mortgage) $ 1000.00 Deposit 2/2 $300.00 Deposit 2116 $ 300.00 Ck#3 1 98 jovereign banL (mortgage) $ 1000.00 Deposit 3/2 $300.00 Deposit 5116 $300.00 10/30/2006 Message Page 2 of 2 F,)eposit 3/30 $500.00 C# 5199 Sovereign FjanL (mortgage) $ 100.00 End balance 4126 $12-5.7 5 ***NOTr-*** On 12/27/0+ and 4105 1 paid the mortgage ($ 1000 each payment totally $2000) from mg individual account that + opened AFTr Kseparation. r nd 6alance $50 10/30/2006 Exhibit 10 I[%(]@ MEMBERS 1St FEDERAL CREDIT UNION CD A? OININ11011 PO Box 40 Mechanicsburg, PA 17055 www.memberslst.org Main Switchboard: (717) 697-1161 or (800) 283-2326 EZ Call: (717) 697-4372 or (a00) 283-4372 Too: (717) 697-5312 or (800) 263-2328 exi. 5312 TeleBrench: (717) 795-6049 or (600) 237-7286 14609 1 AV 0.293 14609-14609 111111113111111111911 111116111 to HEATHER JO MOFFITT 21 ARTCRAFT DR MECHANICSBURG PA 17050-4501 Jun 25, 2006 thru Sep 24, 2006 [21 Account Balances at a Glance: Checking: 0.00 Savings: 639.13 Certificates : 0.00 Loans: 0.00 Money Management: 21, 309.69 Page: 1 of Give us your email address and you could win a $100 VISA Gift Cardl Seethe enclosed insert for more details. SAVINGS ACCOUNTS 00 - SAVINGS on Date Transaction Des.^ritotl Arklitions Subtractions Balance _ Jul? 25 Balance Fonmfd 637.53 Joint Owner: LORI J MOFFITT Jun 30 Deposit Dividend 1.000% 0.52 638.05 Annual Pacwtage Ywd Eamed 1. avx from 05/01/2006 Through 08130120m Jul 31 Deposit Dividend 1.000°/a 0.54 638•59 Annual Percentage YxW Earned 1. a7a hvm 07101120016 fhrowglh 0713112" Aug 31 Deposit Dividend 1.000% 0.54 639.13 Annual Percentage Yle/d Eamed 1. WI0% from 0810112005 MrOW h 0813112006 Sep 24 Endng Balance 639.13 05 - MONEY MANAGEMENT Date Transaction Description- '" - Additions Subtractions Balance . Jun 25 Bala" Forward 21, 209.12 Joint Owner: LORI J MOFFITT Jun 30 Deposit Dividend Tiered Rate 30.33 21,239.45 Annual Percentage Yield Eamed 1.75OX from 05101121966 through 06130120M Jul 31 Deposit Dividend Tiered Rate 34.46 21,273.91 Annual Percentage Weld Eamed 1.930% from 0710112005 bWougph 07131/MW Aug 31 Deposit Dividend Tiered Rate 35.78 21,309.69 Annual Percentage Yladd Earned 2.000;.4 /!ruin 0810112006 through 0813f120A5 Sep 24 B7&7g Balance 21,309.69 YTD SUMMARIES TOTAL DIVIDENDS PAID 00 SAVINGS 4.23 05 MONEY MANAGEMENT 252.59 Total Year To Date Dividends Paid 256.82 NOTE: Total includes closed shares PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff /L zt-?- -- Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: November 27, 2006 ?--? t 3 "_> - ) ?-. ?'7 __ _ .? i??` - ^?) ..,>S _ _i ?._, _ ? ? {? ? .. --1 f,? _, 7 Douglas A. Moffitt IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5447 CIVIL V. Lori J. Moffitt Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, this 14th day of December, 2006, upon consideration of the Defendant's Objection to Plaintiff's Motion to Compel Discovery or, Alternatively, Answer to Motion, and the Court having learned from Counsel for the Plaintiff that he has received the information needed, IT IS HEREBY ORDERED AND DIRECTED that the Motion is deemed WITHDRAWN. By the Court, ho? --L UXA M. L. Ebert, Jr., U J. ubert X. Gilroy, Esquire Attorney for Plaintiff Xeresa Barrett Male, Esquire Attorney for Defendant f "`jj" r t ... ?Jt?y{ til klI 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. MOFFITT Plaintiff V. NO. 045447 Civil Term LORI J. MOFFITT Defendant CIVIL ACTION - DIVORCE INVENTORY OF DEFENDANT Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verges that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. endant 40 ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. 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 and 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 Inheritance 13 Patents, copyrights, inventions, royalties 14 Personal property outside the home x 15 Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) x 16 Employment termination benefits - severance pay, workman's compensation claim/award 17 Profit sharing plans 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 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 2 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Description of Property Owners FMV Date Members 1St FCU checking (-11 acct) J $552.99 09/02/04 Members 1St FCU regular savings (-00 acct) J $136.30 09/02/04 Members 1St FCU money mgmt (-05 acct) J $6,230.82 08/31/04 Commerce bank checking J $30.00 01/25/05 Prudential mutual fund # 3900196796 J $10,709.74 09/05/04 Prudential life insurance policy # R1081515 W $5,940.35 09/05/04 Prudential life insurance policy # 73 308 656 W $2,479.17 09/05/04 Prudential life insurance policy # R1 149 903 H $11,345.00 01/19/05 Prudential life insurance policy # 97 614 374 H $6,091.84 01/19/05 Prudential life insurance policy # 96 090 276 H $3,086.07 01/18/05 Mofzoo & Crew, Inc. J $31,318.40 12/31/04 Groff T & E, Inc. 401(k) PSP H $57,570.08 09/30/04 Prudential # E0283686 [Roll-over IRA] W $42,836.74 09/03/04 1998 Eagle 35' flatbed trailer J $3,500.00 09/05/04 1997 Terry 30' 5th wheel camper J $9,000.00 09/05/04 1988 Skidoo snowmobile H $800.00 09/05/04 1988 Skidoo snowmobile W $800.00 09/05/04 1987 Wells Cargo trailer (snowmobile) H $700.00 09/05/04 PTO-driven generator (H has) J $950.00 09/05/04 Welder (H has) W $150.00 09/05/04 Parts washer (H has) W $75.00 09/05/04 Big air compressor J $600.00 09/05/04 Tools not at work, incl Craftsman chain saw J $15,000.00 09/05/04 Tools at work H $30,000.00 09/05/04 1998 Ford Expedition W $10,400 09/02/04 1996 Ford F250 power stoke diesel truck H $9,700 09/02/04 3 A. NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Description of Property Reason for Exclusion 21 Artcraft Drive, Mechanicsburg, PA H transferred to Wife after separation Prudential Annuity # E0106030 (NQ) H transferred to Wife after separation Prudential life insurance policy W's premarital policy (08/07/69). CV of $834.78 $20,000.00 W transferred to child's account before separation Prudential UTMA account For the child Cattle W's parents purchase and own 7" grinder W's parents own Butcher hand saw W's parents own Electric chain hoist W's parents own Electric butcher saw (splitting saw) W's parents own Farmall tractor with plow W's parents own Fuel tank W's parents own Fuel tank with manual pump Gift to H Oil lamp Gift to H from great-uncle Fuel tank with manual hand pump Gift to H from his step-father Various items of personal property Gifts to W from her parents 4 PROPERTY TRANSFERRED Item # Description of Property Date of Transfer Transferee 1 21 Artcraft Dr., Mechanicsburg 12/13/05 Wife 6 Cash - $20,000 08/26/04 Heather Moffitt 10 Prudential annuity 10/06/04 Wife LIABILITIES Liabilities Amounts Date Waypoint mortgage (Sovereign) $130,717.26 12/20/05 Sovereign HEL $39,813.56 12/20/05 Exxon/Mobil credit card $5,255.01 09/16/04 Members 1St FCU VISA $9,119.48 12/10/04 Citi Platinum Select 6941 $18,873.50 09/05/04 Citi Dividend Platinum 0325 $8,640.28 07/27/04 6 y PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: January 8, 2007 n ?.: P `i 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbmOtbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. MOFFITT Plaintfff V. NO. 045447 Civil Term LORI J. MOFFITT Defendant CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT I verify that the statements made in this Income and Expense Statement are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unswom falsification to authorities. L Defendant Wife's Income In 2002, with Husband's consent and encouragement, Wife resigned, for medical reasons, from her job with the federal government. She then started an Internet sales business, Mofzoo and Crew, Inc., and S corporation. Wife buys clothing lots and resells them to individuals and other businesses. Wife also helps her parents to operate a farm adjoining the property on which the former marital residence is located, and does some farming on her own property. Wife currently receives child support of $542 per month and spousal support of $311 per month. At the May 2005 support conference, Wife estimated cash flow of roughly $1,500 per month. The DRS officer assigned her an earnings capacity of $25,000 annually, $2,083 per month, $1,837.29 net per month. Although Husband requested a de novo review of the May 16, 2005 support order, he withdrew this request with prejudice. Wife's 2005 federal income tax return reported S corporation income of $1,064 and farm income of $3,913. Husband has requested that Wife submit to a vocational assessment, which is scheduled for January 16, 2007. Moffitt V. Moffitt Expenses of Lori J. Moffitt EXPENSES WEEK MONTH YEAR EXPENSES WEEK MONTH YEAR Home_ Education Mortgage/Rent $ 1,403.00 Private School Maintenance/trash $ 67.00 Parochial School Utilities College Electric $ 166.43 Religious _ Gas Personal Oil/coal $ 78.34 Clothing $ 69.00 Telephone/cell $ 135.53 Food $ 325.00 Water Barber/hairdresser $ 26.25 Sewer Credit Payments Employment Credit Card Public Transportation Charge Lunches Memberships $ 3.50 Taxes Loans Real Estate Personal $ 256.68 $ 60.18 Credit Union + West Shore Tax Bur. $ 6.64 Insurance Homeowners $ 58.42 Automobile $ 64.50 Miscellaneous Life $ 37.16 Household Help Accident Child Care Health Papers/books/mag $ 70.00 Other Entertainment $ 54.17 Automobile Pay TV $ 70.00 Payments Vacation $ 67.00 Fuel $ 145.00 Gifts $ 90.00 Repairs/Inspection $ 6.50 Legal fees $ 456.92 Medical Charitable contributions Doctor Other child support _ Dentist $ 21.00 Alimony Orthodontist Other Hospital 4-H $ 50.00 Medicine School lunches $ 40.00 Special Needs Glasses Braces Orthopedic devices Subtotal $ 2,506.38 Subtotal $ 1,321.84 Total Monthly $ 3,828.22 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff lze'w- Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: January 8, 2007 N C?J of t_i' t.. 21 z r_ C_,j S C [ZI W j . DOUGLAS A. MOFFITT, Plaintiff VS. LORI J. MOFFITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5447' CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 5, 2007, 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--r Edgar B. Bayley, P.J. cc: ert X. Gilroy Attorney for Plaintiff .Theresa Barrett Male C Attorney for Defendant w A N ate.. Cl- tw f t `F t F \FIL£S\ 12335\ I2335.1.rtsal revised.wpd Created: 7/30/04 9:12AM Revised: 9/5107 14.1 I PM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DOUGLAS A. MOFFITT, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY, PENNSYLVANIA V. NO. 04-5447 LORI J. MOFFITT, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT made this S day ofst, 20079 by and between Douglas A. Moffitt, (hereinafter referred to as "Husband") and Lori J. Moffitt (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on November 7, 1987, in Pennsylvania; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, 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 by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony 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 either party against the estate of the other party. 1 NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. The parties shall endeavor to exchange and deliver all items of personal property and sign all documentation within thirty days of execution of this Agreement. 3 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, counsel for Husband and Theresa Barrett Male, Esquire, counsel for Wife. 4 The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 5 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF PROPERTY: Subject to the other terms set forth in the Agreement, the parties agree to the following division of property: A. There is an escrow account in the approximate value of $50,000.00 plus interest accrued which is being held by legal counsel for the parties. The parties agree that $47,000.00 of those funds are herein distributed to Husband with those funds payable to Hubert X. Gilroy, Esquire as legal counsel for Husband. The remaining funds in the account including any interest accrued shall be the property of wife and may be payable to wife's attorney Theresa Barrett Male, Esquire. B. Each party will retain the accounts, investments, insurance policies, and retirement benefits in that party's name. C. Wife will receive UGMA account for benefit of the child and wife will also receive sole ownership of the Joint Prudential Mutual Fund. 6 D. Within thirty (30) day of executing this Agreement, Husband will appear personally at a Member's First branch to remove his name from the checking and savings accounts which will be the exclusive possession of wife. E. Husband will continue to retain the Prudential Life Insurance policy on Heather with Husband continuing to own the policy and continuing to maintain the policy in full force and effect and pay all premiums. In the event Heather wants cash from the policy to be used for post-secondary expenses, Husband will agree to cash in the policy or a portion thereof to provide to Heather funds from the policy that Heather may use for said post-secondary expenses. Otherwise, Husband will maintain the policy until Heather reaches her 21St birthday at which time Husband will within thirty days transfer ownership of the policy to Heather. Husband's obligations hereunder shall be triggered by a written request from Heather which will honor within thirty (30) days of said request. Where the request is to make payment of post-secondary expenses Heather will provide verification of those expenses. F. Within thirty (30) days of executing this Agreement, Husband will sign any documents reasonably requested by Wife to relinquish his interest in a Sub-Chapter S Corporation owned by Wife. G. Wife will deliver to Husband Husband's diplomas which are still in Wife's possession and the lamp which is a tall full size oil lamp with a clear glass base that has a marble effect with a distinct globe. H. Husband is entitled to take possession of the two fuel tanks which are currently on Wife's property. One fuel tank has a manual pump, and was given to Husband by a relative; the other fuel tank was given to Husband by a friend. Both fuel tanks must be removed from the property by a 7 t professional firm retained by Husband and fuel must be removed from tanks prior to firm arriving at property. The firm Husband retains shall contact Wife directly to arrange a convenient date and time for removal of the fuel tank. On that date, Wife shall make available to the firm the fuel tank with the manual pump. Husband shall not be entitled to enter upon Wife's property while the firm is removing the tanks. Wife shall allow the professional firm retained by Husband to take possession of the two fuel tanks in question within thirty days of the signing of this Agreement assuming said professional firm is available within that time frame. 13. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 15. 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 hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2007. For any tax returns filed jointly in the past, both parties agree that in the event any 8 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. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. There is currently a Spousal Support Order entered against Husband at the Cumberland County Domestic relations Office. In conjunction with the waiver of alimony as set forth in this 9 paragraph, the parties agree that the Spousal Support entered in favor of Wife against Husband with the Cumberland County Domestic Relations Office shall be terminated effective September 1, 2007. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Wife will retain her Prudential IRA, in and to which Husband will waive any and all rights. Husband will retain his 401k, in and to which Wife will waive any and all rights.. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: From and after the date of the divorce decree, each party is responsible for his/her own health insurance and uninsured medical expenses. Husband shall continue to be responsible for Heather's health insurance and uninsured medical expenses, as required by the Child Support Order. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and 10 all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 11 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 12 1 ` t w IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. u P' //;k// (SEAL) DOUGLAS YVOFFITT r o` ) LORI M FFI COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, , day of Asst, 2007 before me a Notary Public, personally appeared DOUGLAS A. MOFFITT, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH,OF?PENNSYLVANIA Notarial ,eat Shelly Brooks. Notary Public Car±isle Boro, Cumberland County NMy COmmtmior) Fxrxres Aug. 5,2M9 Member, teen:.. ?IVania Asaxiation of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this, the day of August, 2007 before me, a Notary Public, personally appeared LORI J. MOFFITT, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Noted Seel Susan C. AWft, Notary Pubho City Of Ha lWxM Deep M County My CwvnI*m Et#" DeO. 38, 3010 Pennsylvania Association of Nmrlos 13 WITN S r'1 C7 rTl F: \FUXS\Clients\ 12335\ 1233 5ConsentAf fidavits Created 9/20/04 0:06PM Revised: 9/12/07 3:36PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DOUGLAS A. MOFFITT, Plaintiff V. LORI J. MOFFITT Defendant : IN THE COURT OF COMMON PLEAS OF : COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-5447 IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 28, 2004. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about October 29, 2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: D gl A. MofTitt/Plai F:\FILES\Clients\12335\12335ConsentAflidavits V Created: 9/20/04 0:06PM Revised: 9/12107 3:36PM cp . MY. Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. MOFFITT . Plaintiff V. NO. 04-5447 Civil Term LORI J. MOFFITT Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 28, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. on J. Moffitt Date: September ? f) , 2007 2 co , t r .,I Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. MOFFITT Plaintiff V. LORI J. MOFFITT Defendant NO. 04-5447 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. C eov 't-4 Lori I Moffitt Date: September 13 , 2007 2 C? co DOUGLAS A. MOFFITT, Plaintiff v LORI J. MOFFITT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5447 CIVIL CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section (X)3301(c) 03301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: October 28, 2004 by First Class Mail. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: September 13, 2007; by Defendant: September 13, 2007. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 33010 of the Divorce Code: 2) Date of service of the Plaintiffs affidavit upon the Defendant: _ 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: September 20, 2007 (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: September 2007 (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: September 2007 . Gilroy, Esquire son Deardorff Williams Otto Gilroy & Faller 10 East High Hanover Street Carlisle, PA 17013 717-243-3341 Attorney for Plaintiff ? ry a C` -rt IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY STATE OF PENNA. Douglas A- Moffitt (y 2004-5447 Plaintiff VERSUS Lori J. Moffitt Defendant DECREE IN DIVORCE AND NOW, OC?O ?6CX IT IS ORDERED AND DECREED THAT Douglas A. Moffitt , PLAINTIFF, Lori J. Moffitt AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS W ICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Property Settlement Agreement dated September into this Order. BY THE COURT: ATTEST: 2007 is incorpor ted J. PROTHONOTARY G? S' - r?? ??? ? ??;?? f ; l 4 ? ? p[\ .? ?'R A ; •? ?