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HomeMy WebLinkAbout04-6507TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 4567 CIVIL TERM CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - /vSCj'Z CIVIL TERM CIVIL ACTION-LAW COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Tonya L. Hippensteel, an adult individual who currently resides at 323 Brick Church Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Rickey E. Hippensteel, Jr., an adult individual who currently resides at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 17, 1999 in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II - INDIGNITIES 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The Plaintiff alleges that in violation of his marriage vows, the Defendant has over a period, in Cumberland County, and other places offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. This action in divorce is not conclusive. WHEREFORE, Plaintiff prays your Honorable Court to enter a decree in divorce. COUNT III -EQUITABLE DISTRIBUTION 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above. 13. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT IV - CUSTODY 14. The Plaintiff is Tonya L. Hippensteel, an adult individual residing at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania. 15. The Defendant is Rickey E. Hippensteel, Jr., an adult individual residing at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania. 16. Plaintiff seeks custody of Olivia C. Hippensteel, born March 27, 1998 and Levi C. Hippensteel, born November 21, 2000. The children are presently in the custody of Plaintiff and the Defendant at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Rickey E. Hippensteel, Jr. 447 Steelstown Road birth to present and Tonya L. Hippensteel Newville, Pennsylvania The natural father of the children is Rickey E. Hippensteel, Jr., currently residing at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania. He is married to the Plaintiff. The natural mother of the children is Tonya L. Hippensteel, currently residing at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania. She is married to the Defendant. 17. The relationship of the Plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Rickey E. Hippesteel, Jr. husband Olivia C. Hippensteel daughter Levi C. Hippensteel son 18. The relationship of the Defendant to the children is that of natural father. The defendant currently resides with the following persons: Names Relationship Tonya L. Hippensteel wife Olivia C. Hippensteel daugther Levi C. Hippensteel son 19. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 20. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer I . D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Tonya L. Hippensteel mas.dir/domestic/hippensteel/complaint.pld VERIFICATION 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. J ?6 - , a- M-(1 To'hya L. Hipp nsteel Date: laaa -A ?`3 ?v ` ^ ?> j' c, c7 rr? ?l : N 'ori - -ID Y t:' - Cr ..C TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - (,,5p7 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tonya L. Hippensteel, Plaintiff herein, to proceed in forma pauperis. I, Michael A. Scherer, Esquire, attorney for Plaintiff, the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: December ?, 2004 Mi gh. Scherer, Esquire Attorney for Plaintiff CO C) „ ? a TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - (oSG I CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT 1. I am the plaintiff in the above-captioned matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct: (A) Name: / ,)nVr'I J-- Pel)skc I Social Security #: ljS U ? (tjyg' Address: W=Z 303 1:r)CK ("iit.jct) Rd, &'Cuvwlle P"') I7'?yl my Moa)S addrw (B) Employment: If you are presently employed, state: Employer: v?-- Address: aa.0 l .k_ I b6 r'1 j L(r ?? X51 e ?A ?Z ?3 Salary or wages per month:5 I,SWI n4h tytwx. Type of work: Ott-)Le_ i??;1 rn? lL . If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: (C) Other income within the past twelve months: Dip Business or profession: Other self-employment: Interest: Dividends: Pensions or annuities: Social Security: Support payments: Disability payments: Unemployment Compensation: Worker's compensation: Public assistance: Other: (D) Other contributions to household support: (Wife) (Husband)) Name: ??L "???( JK If your spouse is employed, state: Employer: Salary or wages per month: a000/ M-? r) Type of work: \C?bOre K_ Contributions from children/parents: T-i 11A. Other contributions: 04A (E) Property owned Cash or checking: Savings or other deposits: Real estate: L401 ? E'2FS?Z??an R(i, Value of motor vehilce(s): Stocks or bonds: N6 n Other: (F) Debts and obligations Mortgage: s q'U I n-, W h Rent: r) G-r Loans: '? a3b JCu??? i(,5 ? ti Support payments: Ra Credit cards: sd0i c: in?v?t?t ?ayrvJz- Other: (G) Persons dependent upon you for support Spouse: 1? ?CIC ,?? E i (1 c k , .1 i(, Children: ( I i?'li? ???? ??? Children: Children: Children: Other: Relationship: Age: (n Age: q Age: Age: 4. 1 understand that I have a continuing obligation to inform the court of improvement in m financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in the foregoing 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. TONYA L. HIPP NSTEEL Date: December dA , 2004 C 0 cz:5 d c=? rri 4 I \? T11 5E f V ? C 3? TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 6507 CIVIL TERM CIVIL ACTION-LAW PETITION FOR SPECIAL RELIEF PURSUANT TO PA R C P 1915.13 AND NOW, comes the plaintiff, Tonya L. Hippensteel, by and through her attorney, Michael A. Scherer, Esquire, and respectfully files this Petition. 1. Plaintiff is Tonya L. Hippensteel, (hereinafter "Mother") an adult individual who currently resides at 323 Brick Church Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Rickey E. Hippensteel, Jr. (hereinafter "Father"), an adult individual who currently resides at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 3. As a result of husband's alcoholism and continued neglect of the family, mother moved from the marital residence on December 29, 2004 to reside with her mother. 4. The parties are the natural parents of Olivia C. Hippensteel, born March 27, 1998 and Levi C. Hippensteel, born November 21, 2000. 5. Father is represented by Douglas G. Miller, Esquire. 6. At the time of mother's departure from the marital residence, father picked the youngest child, Levi, up from the daycare provider without mother's consent and has kept physical custody of him since that time. 7. Mother has had physical custody of Olivia since the parties' separation. 8. Since Mother's departure from the marital residence, husband has only allowed Mother to see Levi twice for a very limited period of time and father will not allow Mother to remove Levi from his sight. 9. On December 29, 2004, Levi cried for his Mother to take him along with her and Father refused to allow Levi to go with his Mother. 10. Father has only contacted Mother once in an effort to speak with Olivia and Father has not asked to have custody of Olivia at all. 11. Father has a history of drunk driving and Mother is in fear of child's safety when in Father's custody. 12. Father has previously been arrested for drunk driving and held responsible for it. 13. During the marriage, Mother has witnessed Father returning home intoxicated innumerable times after having driven. 14. Father has had numerous vehicle-related minor accidents as a result of his abuse of alcohol. 15. Father has been so intoxicated in the household that he has urinated in the bed, and he has walked around the house in a stupor and urinated throughout the house. 16. On January 2, 2005, Levi reported to his Mother, in the presence of Father, that Father had taken Levi to the "club", which is the Big Spring Fish and Game, and where Father drinks excessively. Father indicated that the reason he had Levi to the club was to "pay his dues." 17. Father has not taken Levi to his regular daycare provider since the date of separation. 18. Father has controlled all of the visits Mother has had with Levi and Father's family members have interfered with Mother's visits with Levi to the extent that they have had Mother and Levi crying and have upset Olivia. 19. Wife has at all times prior hereto taken complete care of the children and Father did not know basic information about the children including who their doctor is, what time they were picked up from daycare, etc. and information about their health. 20. Father has changed the locks on the house in an effort to keep Mother away from the house and Levi, and Father has posted No Trespassing signs at the marital residence. 21. The children have a strong bond between one another and should be kept together pending resolution of this matter. 22. Father has never previously been interested in the children and Father's conduct is directed entirely at tormenting Mother and making her suffer mental anguish. 23. A custody conciliation has been requested in connection with this matter but has not been scheduled to undersigned counsel's knowledge. WHEREFORE, Mother respectfully requests this Honorable Court award primary physical custody of the children to Mother subject to Father having partial custody of the children pending the conciliation in this matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Sc erer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: January 4, 2005 TONYA L. HIPPENSTEEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 6507 CIVIL TERM RICKEY E. HIPPENSTEEL, JR. CIVIL ACTION-LAW Defendant VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Tonya L. Hippensteel Date: January 3, 2005 TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 6507 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Petition for Special Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Michae A. Scherer, Esquire Attorney for Plaintiff Date: January 4, 2005 C"? ? n ?. ?+ _? ??' c...- ?? '?. -;? 17? f.? ?'I? „' ? ...-4 ^ F._ Cr y' {- Cr'' r ti va. ?" -? ? -? TONYA L. HIPPENSTEEL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 04 - 6507 CIVIL TERM V. RICKEY E. HIPPENSTEEL, JR., : CIVIL ACTION - LAW Defendant DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF 1. The averments in paragraph one (1) of Plaintiff's Petition for Special Relief are denied as stated. It is admitted that Plaintiff (hereinafter "Mother") currently has a mailing address of 323 Brick Church Road, Newville, but the remaining averments are specifically denied and strict proof thereof is demanded at trial. 2. The averments in paragraph two (2) are admitted. 3. After reasonable investigation, Defendant (hereinafter "Father") is without knowledge or information sufficient to form a belief as to why Mother moved from the marital residence when she deceitfully informed Father she was going to work and failed to provide prior notice to Father. The remaining averments in paragraph three (3), including any allegations of alcoholism and neglect, are specifically denied and strict proof thereof is demanded at trial. 4. The averments in paragraph four (4) are admitted. 5. The averments in paragraph five (5) are admitted. 6. The averments in paragraph six (6) are denied as stated. It is admitted that after deceitfully removing a majority of the personal property contained in the marital residence, Mother attempted to remove both minor children from their babysitter's home, but did not have necessary car seats for the transport of the children. It is further admitted that the parties agreed that the minor son would leave with Father and the minor daughter would leave with Mother. The remaining averments are specifically denied and strict proof is demanded at trial. 7. The averments in paragraph seven (7) are admitted. By way of further answer, Father has attempted on numerous occasions to propose a temporary custody arrangement that would permit both of the children to reside together and to temporarily share custody of the children. Furthermore, Father has repeatedly requested periods of custody with the parties' daughter for events such as a family funeral and an outing to the Pennsylvania Farm Show, but all such requests have been denied by Mother. 8. The averments in paragraph eight (8) are specifically denied and strict proof thereof is demanded at trial. 9. The averments in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. 10. The averments in paragraph ten (10) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, on that date the parties and the minor children specifically agreed that the son would leave with Father and the daughter would leave with Mother. 11. The averments in paragraph eleven (11) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Father has requested upon numerous occasions to have custody time with his daughter and attempts to contact her on a regular basis, but on most such occasions Mother refuses to answer the telephone or does not return messages. 12. After reasonable investigation, Father is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twelve (12) so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Father has often cared for both children prior to the separation of the parties, including occasions when Mother has left for outings and drinking with other individuals. 13. The averments in paragraph thirteen (13) are denied as stated. It is admitted that Father was arrested for drunk driving prior to both the birth of his children and the marriage of the parties. The remaining averments, including any inference that this singular event occurred after the birth of the children or during the marriage of the parties, are specifically denied and strict proof thereof is demanded at trial. 14. The averments of paragraph fourteen (14) are specifically denied and strict proof thereof is demanded at trial. 15. The averments of paragraph fifteen (15) are specifically denied and strict proof thereof is demanded at trial. 16. The averments of paragraph sixteen (16) are specifically denied and strict proof thereof is demanded at trial. 17. After reasonable investigation, Father is without knowledge or information sufficient to form a belief as to what the parties' son stated to Mother. It is admitted that Father and son traveled to the Big Spring Fish & Game Club in order for Father to pay his monetary dues. It is further admitted that for approximately two years the Big Spring Fish & Game Club has ceased serving any alcohol on its premises. The remaining averments of paragraph seventeen (17), including any inference that Father was consuming alcohol at the Big Spring Fish & Game Club, are specifically denied and strict proof thereof is demanded at trial. 18. The averments in paragraph eighteen (18) are denied as stated. It is admitted that the son's grandmother has been babysitting. The remaining averments, including any inference that the parties' son was previously enrolled in a licensed daycare, are specifically denied and strict proof thereof is demanded at trial. 19. The averments of paragraph nineteen (19) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, in actuality it has been Mother who has consistently attempted to interfere with Father's interaction with both of his children and prevented regular contact with his daughter. Furthermore, Father has consistently encouraged their son to call and have contact with Mother. 20. The averments of paragraph twenty (20) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, prior to the separation of the parties, Father was responsible for picking up either or both of the children when they were at their babysitter, attended their doctor visits, and was regularly involved in their care and upbringing. 21. The averments in paragraph twenty-one (21) are denied as stated. It is admitted that Father changed the locks on the marital residence after Mother attempted to remove all personal property from the marital residence through deceit and without prior notice to Father. It is further admitted that legal counsel for Father notified Mother's legal counsel in advance that the locks on the marital residence were being changed. The remaining averments are specifically denied and strict proof thereof is demanded at trial. 22. The averments in paragraph twenty-two (22) are denied as stated. It is admitted that the children do have a strong bond with one another and that Father has made numerous attempts to amicably resolve this matter with Mother without cooperation or success. 23. The averments in paragraph twenty-three (23) are denied as stated. By way of further answer, Father cares very deeply for his children, has been involved in their care and upbringing and is greatly disappointed in Mother's recent acts of deceit in attempting to remove herself, the children and all of the personal property from the marital residence without prior notice or consultation with Father. 24. The averments in paragraph twenty-four (24) are denied as stated. It is admitted that on December 29, 2004, Father through his legal counsel filed a Complaint in Custody seeking primary custody for Father of the minor children. A true and correct copy of the Complaint in Custody filed under Docket No. 2004-6532 is attached hereto and incorporated herein as Exhibit "A". At the time of filing, Father and his legal counsel were unaware that Mother had filed a Divorce Complaint on the previous day which included a count for custody. However, neither Mother nor her legal counsel had requested that a Custody Conciliation be scheduled as part of the filing of the Divorce Complaint. A Custody Conciliation has now been scheduled for February 3, 2005 with Jacqueline Verney, Esquire, in response to the Complaint filed by Father. The remaining averments in paragraph twenty-three (23), including any inference that Mother or her legal counsel requested a conciliation in this matter, are specifically denied and strict proof thereof is demanded at trial. Respectfully submitted, IRWIN & McKNIGHT By: - Douglas(;. Miller, Esquire Supreme Court I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant Dated: January 13, 2005 Rickey E. Hippensteel, Jr. VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 1 RI Y E. HI PENSTEEL, JR. Date: January 12. 2005 RICKY E. HIPPENSTEEL, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TONYA L. HIPPENSTEEL DEFENDANT 2004-6532 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 05, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 03, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference.. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jacqueline M. [ emey, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17-013 Telephone (717) 2j9 3??f69 U2 C ?F-ly I n f ',rr:cr PECORD '? HvnGrF30}'J i??;fd and the seal at said Co! i +r .=rr ? nto set my hand This ...... r? X115 Prothonctary RICKY E. HIPPENSTEEL, JR. Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004 - ?> 3 a TONYA L. HIPPENSTEEL, Defendant IN CUSTODY ORDER OF COURT CIVIL TERM AND NOW, this day of upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at , on the day of 2005 at _ . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Conciliator 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 CET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800.990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RICKY E. HIPPENSTEEL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA C) a V. CIVIL ACTION - LAW a--' " " CJ r 2004 - CIVIL TERM TONYA L. HIPPENSTEEL, Defendant : IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff, Ricky E. Hippensteel, Jr., by and through his attorneys, Irwin & McKnight, and files this Complaint in Custody against the Defendant, Tonya L. Hippensteel, representing as follows: 1. The Plaintiff is Ricky E. Hippensteel, Jr.., an adult individual residing at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter "Father"). 2. The Defendant is Tonya L. Hippensteel., an adult individual of Cumberland County, Pennsylvania, who upon information and belief is currently residing at 323 Brick Church Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter "Mother"). 3. The parties are the natural parents of two (2) children, named Olivia L. Hippensteel, born March 27, 1998, age 6 years, and Levi C. Hippensteel, born November 22, 2000, age 4 years. 4. From November 2003 until the date of this Compliant, namely December 29, 2004, the minor children resided with the parties at the marital residence located at 447 Steelstown Road, Newville. 5. Prior to November 2003, the minor children resided with the parties at 454 Crossroad School Road, Carlisle, Cumberland County. 6. On the date of this Complaint, namely December 29, 2004, Mother attempted to remove all personal property from the marital residence of the parties, including the clothing, furniture, toys and belongings of the minor children. 7. Mother did not advise Father in advance of her plans, but instead led Father to believe that she was going to her place of employment. 8. Father became aware of a U-Haul truck parked at his home, and left his employment to return home and also contacted the Pennsylvania State Police. 9. Father discovered Mother had the U-Haul truck at the marital residence and was removing the personal property from the home. 10. Mother was permitted by the Pennsylvania State Police to remove the personal property already loaded in the moving truck, including most of the clothing, furniture, toys and belongings of the minor children. It. Mother then attempted to remove both minor children from their babysitter's home, but did not have necessary car seats for the children. 12. Mother intentionally attempted to deceive Father and thereby gain custody of both children and remove the personal property from the parties' home. 13. Mother currently has custody of the parties' minor daughter, and Father currently has custody of the parties' minor son. 14. Father desires primary physical custody and joint legal custody of the minor children, and the return of a proportional amount of the clothing, furniture, toys and belongings of the minor children. 15. The best interests and permanent welfare of the minor children requires that the Court grant the Father's request as set forth above. 16. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 1) 17. Father does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Ricky E. Hippensteel, respectfully requests that he be awarded primary physical custody and joint legal custody of Olivia L. Hippensteel and Levi C. Hippensteel,as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: / UTAL Douglas . Miller, Esquire Supreme Court I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attomey for Plaintiff Dated: December 29, 2004 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. RICK, E. HIPPO'4STEEL, JR. Date: %:?2L CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: TONYA L. HIPPENSTEEL 323 BRICK CHURCH ROAD NEWVILLE, PA 172,11 Date: December 29, 2004 RWIN & A/16KNIGHT Dougla . Alter, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL SCHERER, ESQUIRE O'BRIEN, BARIC & SCHE,RER 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: January 13, 2005 IRWIN & MOKNIGHT Ati Douglas . Muller Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 -, -„ - r , ?._ _? - ,, _ ;:, ??> ;. TONYA L. HIPPENSTEEL, Plaintiff vs. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-6507 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this / gr day of January, 2005, following conference with counsel in Chambers and pending conciliation conference and/or further order of court, it is ordered and directed as follows: 1. Effective Saturday, January 22, 2005, at 6:00 p.m., custody of the children, Olivia C. Hippensteel, born March 27, 1998, and Levi C. Hippensteel, born November 21, 2000, is awarded to their mother, Tonya L. Hippensteel. 2. Thereafter, the parties shall share custody of said children with custody of both of the children in the father, Rickey E. Hippensteel, Jr., from Thursdays at 6:00 p.m. until Sundays at 6:00 p.m., the balance of the week the said children to be in the custody of their mother. BY THE COURT, Michael A. Scherer, Esquire For the Plaintiff Douglas G. Miller, Esquire A-? For the Defendant ? _._ TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04 - 6507 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this l day of August 2005, comes the Defendant / Petitioner, Rickey E. Hippensteel, Jr., by and through his attorneys, Irwin & McKnight, and pursuant to Rule 1920.43 makes the following Petition for Special Relief against the Plaintiff / Respondent, Tonya L. Hippensteel, averring as follows: 1. Petitioner is Rickey E. Hippensteel, Jr., an adult individual who resides at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241, the marital residence of the parties. 2. Respondent is Tonya L. Hippensteel, an adult individual whose current mailing address and primary residence upon information and belief is 323 Brick Church Road, Newville, Cumberland County, Pennsylvania 17241. 3. Petitioner and Respondent are husband and wife, having been married on July 17, 1999. 4. On or about December 28, 2004, Respondent instituted the above-captioned divorce action. 5. On December 29, 2004, prior to service of the Complaint upon Petitioner or advance notice to him, Respondent chose to move from the marital residence. 6. At that time, Respondent rented a U-Haul and unilaterally removed food, photographs, appliances, furniture items, belongings of the children, and numerous other personal property of the parties. 7. Only because Petitioner became of aware of Respondent's actions was he able to prevent her from removing virtually all of the personal property of the parties. 8. Since that time, for some seven (7) months, Petitioner has been residing alone in the marital residence while sharing joint physical custody of the parties' two (2) minor children. 9. On or about August 6, 2005, Respondent broke into the marital residence knowing that Petitioner was on vacation with the parties' children. 10. Petitioner took most of the remaining marital property, including but not limited to the following items: a. Kitchen table and chairs used by Petitioner and the children for meals; b. Curtains and window coverings; C. Bed and box spring being used by Petitioner to sleep, and entire bedroom furniture suite including nightstand, vanity and mirror, and 6-drawer dresser in Petitioner's bedroom; d. 36" television and entertainment center; e. Framed pictures throughout the marital residence; f. All picture and wedding albums; g. The toy boxes and most of the remaining toys of the parties' minor children; h. Other personal items of the children including combs and hair brushes. 2 11. During her break-in to the residence, Respondent caused damage to the trim surrounding the back door, french doors and basement doors, as well as to an interior bedroom door of the marital home. 12. Respondent also caused significant damage to the walls throughout the home when pictures and electronic wiring were forcibly removed. 13. Respondent also caused damage to the lawn and home by driving and parking multiple vehicles on the yard and septic system of the home. 14. Both parties have retained legal counsel in this matter, and Petitioner and the undersigned have tried, without success, to negotiate in good faith for the return of certain additional property to Respondent in exchange for the return of Petitioner's dog. 15. Upon information and belief, Respondent's actions were done primarily to cause further hardship to Petitioner, who will be without the pictures and furnishings of the home and who will be forced to expend additional monies to replace the furniture items and items of the children. 16. Upon information and belief, Respondent is not even using many of the items removed from the home but has placed them into storage. 17. The unilateral actions of the Respondent have also injured and scared the children who returned to their home to find most of their own belongings missing. 18. Immediate and irreparable harm is being caused by Respondent's conduct, and Petitioner does not otherwise have an adequate remedy at law. 3 WHEREFORE, the Petitioner, Rickey E. Hippensteel, Jr., respectfully requests this Honorable Court to enter an Order awarding exclusive occupancy of the marital residence to Petitioner and denying Respondent further access to the home during the pendency of the divorce except during custody exchanges. Petitioner further requests that Respondent be required to return the household items which were taken on or about August 6, 2005, as well as pay for repairs to the home caused by Respondent in breaking in and removing the items, and the attorney fees and costs incurred by Petitioner. 19. Paragraphs one (1) through eighteen (18) above are made a part hereof and incorporated herein by reference. 20. For the majority of the parties' marriage, Respondent has provided insurance coverage for Petitioner and the parties' children. 21. Respondent has unilaterally removed or by her actions caused Petitioner to be removed from the insurance coverage provided by her employment. 22. Petitioner was without insurance coverage by virtue of Respondent's actions, and only recently was able to obtain insurance at a higher cost. than could be provided through Respondent's employment. 23. Immediate and irreparable harm is being caused by Respondent's conduct, and Petitioner does not otherwise have an adequate remedy at law. WHEREFORE, the Petitioner, Rickey E. Hippenste:el, Jr., respectfully requests this Honorable Court to enter an Order directing Respondent to return Petitioner to her insurance 4 coverage during the pendency of the divorce. Petitioner farther requests that Respondent be required to pay for the attorney fees and costs incurred by Petitioner in filing this Petition. 24. Paragraphs one (1) through twenty-three (23) above are made a part hereof and incorporated herein by reference. 25. On or about September 13, 1998, Petitioner purchased an orange and white brittany breed dog from Craig W. Stanley. A true and correct copy of the AKC Dog Registration Application is attached hereto and incorporated herein as Exhibit "A." 26. The animal was purchased with Petitioner's funds prior to the marriage of the parties on July 17, 1999. 27. Respondent's name does not appear as the owner of the animal on the Application attached as Exhibit "A," and in fact is not the owner of the dog. 28. Shortly after moving from the marital residence, Respondent requested that the dog accompany the minor children during her periods of joint physical custody. 29. Petitioner agreed with her request, but Respondent has failed and refused to return the animal to Petitioner. 30. Respondent used deception to obtain possession of the animal, and despite repeated requests has failed and refused to return the animal to Petitioner. 31. The unilateral actions of Respondent have been done with the primary purpose of harming Petitioner during the pendency of the divorce. 5 32. Immediate and irreparable harm is being caused by Respondent's conduct, and Petitioner does not otherwise have an adequate remedy at law for the return of his animal. WHEREFORE, the Petitioner, Rickey E. Hippensteel, Jr., respectfully requests this Honorable Court to enter an Order that Respondent be required to immediately return Petitioner's dog identified in Exhibit "A", as well as pay for the attorney fees and costs incurred by Petitioner. Respectfully submitted, IRWIN & McKNIGHT By: - /? Douglas G. ler, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Attorney for Defendant I Petitioner Date: August 23, 2005 6 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. RIC E. HIP: NSTEEL, JR. Y??oS Date: I hereby give permd;sion to use my AKQ registered Kennel Narne -_.-_ m naming a this dog. SIG A Il t ? 8 . ma . am ? N' ?. Nc m -. pp a CD p ?Epp '" N"IA tan. { y mm "'?3aNar MOM m F... mm O'. 0 S(A Om ?. qqStI-Om9 I?i-IN y m .V 'p m0-1 s m M TZ MA n . O .M 2 a ... 1-. sy xza? za-a : n N N r/i,m T,' ?iZb '4ZH ? aao ? "? • ^? FD' m hl ? z ?(n... r z D NCNG H 04 ° 4 s- Z ?m : ,NMl.7 N -? o a 2 to inS+k,2 Aom O ? «i' -y nz, •.G'7{,' CA - N RI rr cErm-?gi znm Z. .p"'R(f N; „2 t"I "ed a'o ¢ .-I Ina, ' y m g ,: ? N Z ? . ma 'I - ,. g D 7C -i 3 Ln ^ N wu+C?r A v n m WZ ? O '^CD o Fn, W;a , : a • OZ mp ?? Z 't'+ar' np.. ?o $ o o am r - ? R ' pe m a Rl «. ,? x. r cr br ?;ys .-. z co: m mx,mj 4NV .?A a?UF ,a O ' . L. 0 m I$ " O m a g,? ? i d?,.. = 2 "?7 t+ gJ Q": , 9Z O a b o- Q `; Z? m m 3© ?.rn 0, x m 0 y? CD a0 p 0? 2 ? 0 " Pte' Z m e 4 A 9 n Q A r A' .. S 4 . CO :. x S S • -1mm 1 0, ? + m $ M .4 M ON Z; = Q g n m o ZZ NOD fa'Iy mo m Z Y « Z . u , p t M Z. N W r ? a 444 ? yz 2 g ` Ir 1+W WNNut w tv v? r H to ?v ??, C1 f? 0 ?' m m x 3 , ? ' H H A 3v M mmoo ci g °a ?? Oeo F , S ri 31 W p g p ? O i a. x O . n 11 .°? D ?L 9 . r 9m m i ? . m ? P ..m S 2: ? 3 0 9 O m A,P ? PLEASE TYPE OR PRINT WITH PEN. DO NOT USE PENCIL Corrections may cause a delay of registration for an explanation `SECTION LITTER OWNER(S) PRINTED ON THE FRONT OF THIS APPLICATION A MUST COMPLETE AND SIGN THIS'SECTION. t OWNERSHIP CHECK ? I (we) Still Own INS dog and apply fof''regisVabon eW to have ownership ONLY recorded in my (our) name(s) s ONE l"noq transferred ll"t4 dg DIRECTLY?tp the NEW OWNER(S)listed below BOX an monrt itl ` k r?day L 'yeaz The name(s) of the NEW OWNER(S) eh4bkl be printed below art they ere (a be registered and as recorded by the Litter Owner(s) " Nameof NE?W/OWNER neYG F. j'?A?Y't+fiN i/GG1? 5:, Address??://,",,,1?_?4..0^?u?^'.,?.?C?ip,OptfdAlQr: City: LJM'GYSG ?' + ) , 6[ate:• gF ?P:? ??q 'may AKC Customer 4 t , Phone':(L+ ) (if known) 4^? k 1Z 13 1 -11, 1 V" J Owner's Social Security Number ' "C f + ?. :x Name of NEW CO OWNER. Addrea6: + City:.. _ SWIG ZIP: ?--. 17 AKC Customer III Phooa: (_) >G (II known) Co-Owners Social Security Number _ TYPE OF REGISTRATION- IF NO BOX IS CHECKED, FULL REGISTRATION WILL E + a" ASSIGNED *. wS ,, CHECK L. Offspring are ailglMe for i LIMITED- Opspmky crap % ONLY registration etglbre for S, 6v ranpn. ONE Entry in Dog Events is Edts Is BOX unre6hgte bgtebT6lratiort no itoo in It the liner is Co-Owned, the Owner and Ca-Owner MUST sign individually. - - ' 1 certify by my signature. that all the information above urebt end' FbatLm In gwoe ending with"aAm6sl Kenntl. Club LITTER <r, ?5 `' + ^r ?; wa +' OWNER(S) SIGN e. r 4 %' ?` Prp?`',a. s?* Ldp HERE :+ e^_., ,N ,s;.Pr iE2` ,3 d pnaWre pi. Littaz Ca•Own' SECTION THE NEW OWNER(S) LISTED ABOVE MUST SIGN THIS SECTION WHEN+ THEY ARE APPLYING FORri DOG TO BE REGISTERED INTHEIR B y NAME(S) - '. ? OTHERWISE THIS SECTION IS TO BE LEFT BLANK If the NEW OWNER(S)listed. above have transferred this dog to some. olhee = person(s), a SUPPLEMENTAL TRANSFER STATEMENT; (rust accompany, this application for each intermeelatA transfer: These forms are available hant the Amencan.Kennel Dub at the. ddrese shows on thatont of this form f (rva) apply to The American Kennel Club to have a Registration Certificate far this dog issued in my (our) name(s), and c s-Shr drat I (we) acquired this dog on the date stated albove DIRECTLY '. hom the Owner(s) of the Imer'I (we) egrea to;abida,by'. an Aderaan Kennel Club rulee.-And. iagulaeons. I (we) understand that 16 Me LIMBED borin,Section A.above has been checked by g' the Litter Owner(s) I (we) will receive a Limited Registration Cerliftcata., I (we) have Indicated any address corrections in Search A above 5 t 4 4 wI .'NEW OWNERS r + `'"`sF.P t t^ ( ) Ignatur SIGN at WWE R 41w cocoa V^ak+ u w`o etnaenya. mepu'13 1 HERE be submlmed witha chock or mono cot Staved in the top left comer on All submitted applications' became the prdpeny 01 the AKC,' FOR ADDITIONAL INFORMATION OR HELP FILLING OUT THIS APPLICATION, PLEASE CALL AKC AT 919.233-9767. NOTE: Registrations take approximately 1e work daysamm the date mated to AKC.to be processed and returned to the owner. PLEASE 00 NOT CALL THE AKC.TO CHECK ON THE STATUS OF YOUR REGISTRATION UNTIL AFTER. THAT TIME PERIOD HAS ELAPSED: ADBLUE (4IS7) TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 04 - 6507 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE; CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Petition for Special Relief was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 IRWIN & McKNIGHT Douglaj . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, IPA 17013 (717) 249-2353 Attorney for Defendant / Petitioner Date: August 23, 2005 ' J ? ? ?? Li ,y ",} ? CJ `. ?, r? ? ? T c' ?, ?' S° T ?,5 ?= i ? ,.?) r? v? '???? q; ? . -i} _ ? _ ? ,? k r r. 's? <:? r.., ._ r; YECEIVED AUG 25 2005 TONYA L. HIPPENSTEEL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 04 - 6507 CIVIL TERM V. RICKEY E. HIPPENSTEEL, JR., CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 0&6 0Y_ , 2005, upon consideration of the attached Defendant's Petition for Special Relief, a hearing is hereby scheduled for 2005, in Courtroom No. at &;,M o'clock/:V.m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. S 1? BY THE COURT, t 11 b 2 11 :1 3 b:''i G t, S l", S IIZ E'. ?,' j TONYA L. HIPPENSTEEL, Plaintiff/Respondent V. RICKEY E. HIPPENSTEEL, JR. Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 04 - 6507 CIVIL TERM CIVIL ACTION-LAW ANSWER TO PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part. Denied in part. It is admitted that Respondent did rent a U-Haul. Respondent did not remove food, photographs or appliances. Respondent did remove a small amount of furniture including daughter's bed and part of son's bed, a few articles of Respondent's personal clothing, a small percentage of children's toys, and a few of Respondent's personal items. 7. Denied. Petitioner arrived and prevented Respondent from taking her personal clothing and other personal belongings. Respondent never attempted or had the intention of "removing virtually all of the personal property of the parties." 8. Admitted in part. Denied in part. It is admitted that Petitioner does share joint physical custody of the parties' two minor children. It is denied that Petitioner has been residing alone in the marital residence. Petitioner has been living at the marital residence for several months with his girlfriend and her infant child. 9. Denied. It is denied that Respondent broke into the marital residence. Respondent is listed as co-owner on the deed to the marital residence, therefore it is confounding that Respondent could break into her own home to which she possesses a key. 10. Denied. Respondent only took a few of her personal belongings. 11. Denied. Respondent did not break into her own house. Respondent caused no damage to any part of her house. 12. Denied. Respondent caused no damage to any part of her house. 13. Admitted in part. Denied in part. It is admitted that out of necessity, Respondent drove through her yard to retrieve a few of her belongings. Respondent caused no damage to her lawn or home. 14. Admitted in part. Denied in part. It is admitted that both parties have retained legal counsel in this matter. It is denied that Petitioner has attempted any good faith negotiations. It is further denied that the dog belongs to Petitioner. 15. Denied. Respondent has taken no action with the intent of causing hardship to Petitioner. 16. Denied. Respondent is utilizing some of her items and intends to use them all in the future. Furthermore, it is the property of Respondent, therefore the relevance of this aversion is unclear. 17. Denied. It is denied that the children are scared of their mother and further denied that most of the children's belongings are missing. The children are actually frightened by Petitioner's actions, including heavy drinking which often leads to Petitioner urinating throughout the house. 18. Denied. This paragraph contains conclusions of law as opposed to statements of fact, to which no response is required. 19. No responsive pleading is required. 20. Admitted. Throughout the majority of the marriage, Respondent has provided medical insurance for herself, her husband and their children. Respondent continues to be solely responsible for the health insurance of the children. 21. Denied. Respondent's employer recently stopped providing health insurance for the Respondent's spouse. This benefit is no longer available to Petitioner. 22. Denied. Respondent is not responsible for Petitioner's lack of health insurance or for his attainment of health insurance. 23. Denied. This paragraph contains conclusions of law as opposed to statements of fact, to which no response is required. 24. No responsive pleading is required. 25. Admitted in part. Denied in part. It is only admitted that on or about September 13, 1998, the dog was purchased from Craig W. Stanley. It is denied that Petitioner alone purchased the dog. Respondent was present when the dog was purchased and contributed cash for the purchase of the dog. It is further denied that the dog is orange and white. The dog is actually a liver and white Brittany breed dog. 26. Denied. Both Petitioner and Respondent were responsible for the purchase of the dog. 27. Admitted in part. Denied in Part. It is admitted that Respondent's name is not on the AKC Dog Registration Application. It is denied that Respondent is not in fact the owner of the dog. The dog has always been considered to be Respondent's dog, as evidenced by the fact that all of the dog's veterinary records, as well as the dog's license, are in Respondent's name. Furthermore, throughout the entirety of the relationship, Respondent was responsible for the daily care of the dog, including feeding the dog and taking the dog outside. 28. Denied. Petitioner allowed the Respondent to take the dog because he wanted nothing to do with the dog. 29. Denied. Respondent never agreed to give her dog to Petitioner. 30. Denied, Respondent has not used deception to obtain possession of the animal. Petitioner kept the dog from Respondent upon her departure from her house. Petitioner was not taking care of the dog during the day, causing the dog to have "accidents" throughout the house. Petitioner was visibly abusive to the dog in the presence of Respondent, including an incident where Petitioner threw the dog across a room. Petitioner has repeatedly failed in his attempts to take Respondent's dog, including a hearing where the District Justice told Petitioner that he had no right to take Respondent's dog. Petitioner has recently purchased a Rottweiler, and is only trying to take Respondent's dog out of spite. 31. Denied. Respondent has taken no action with the intent of harming Petitioner during the pendency of the divorce. 32. Denied. This paragraph contains conclusions of law as opposed to statements of fact, to which no response is required. Respectfully submitted, O'BRIEN, BARIC & SCHERER "'4 Aaro D. Jone , Esquire Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 6507 CIVIL TERM CIVIL ACTION-LAW VERIFICATION I verify that the statements made in this Answer 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. Date: September 21, 2005 ?y d Tl19' 1,Ic,C T YA L. HIPP STEEL CERTIFICATE OF SERVICE I hereby certify that on September 21, 2005, I, Aaron D. Jones, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Answer To Petition For Special Relief via facsimile to the party listed below, as follows: Douglas Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 FACSIMILE NO. (717) 249-6354 Aaron .ion-es, Esquire .-? ?? c? -ri f? 4? ?_- ?(} ` r? n' ? s -? , -a, N `? ?j r-- s ?, ?? ?,. r? '? ? ?. cs, TONYA L. HIPPENSTEEL, Plaintiff vs. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-6507 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 2 day of September, 2005, hearing in the above captioned matter set for September 23, 2005, is continued to Thursday, September 29, 2005, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ///90Z' Kevin X Hess, J. / anon Jones, Esquire ??For the Plaintiff v"ouglas G. Miller, Esquire For the Defendant 1% :rlm r ??lil?.! ? '?. J/i t, ,. i, %.? ? '<:y,? -rG? a' ?', pt ?? ? ??? ?? ??S}/??? ?zfG?i{),? „-,, , °?'? TONYA L. HIPPENSTEEL, Plaintiff VS. RICKEY E. HIPPENSTEEL, JR., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6507 CIVIL TERM IN CUSTODY PRAECIPE Please withdraw my appearance on behalf of the above referenced Plaintiff, Tonya L. Hippensteel. DATE: ( f' q- 0f Michael A: Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Please enter my appearance on behalf of the above referenced Plaintiff, Tonya L. Hippensteel. DATE: 11 1 S U 5 ?i.;.f aA Nk l rt mzo\ - r Hannah Herman-Snyder, Esqu e Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 r> c;? ? 11 :?? F' -?- ?, ?I' ?: t ?_. _?Yp l.'' Tl {`a? Chi { r TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, Defendant : IN THE COUR : OF CUMBERL :PENNSYLVAN . No. 04 - 1.! : CIVIL LAW : IN CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of TONYA L. HIPPENSTEEL, by her attorney, WALZ, ATTORNEYS AT LAW, P. C., respectfully represents as 1. Petitioner, TONYA L. HIPPENSTEEL, is the Hippensteel, age 5, and Olivia Hippensteel, age 8. 2. Petitioner, Mother, is residing in Perry County, October of 2005 to the address: 217 Pike Road, 3. Defendant, RICKEY E. HIPPENSTEEL, is the father of an adult individual residing at 447 Steelstown Road, parties formerly resided in their marital home. 4. Petitioner/Mother separated from her Husband/Father in 5. On or about January 19, 2005, Petitioner, Mother, received OF COMMON PLEAS ND COUNTY 11v??? l aubut C. Walz, of WALZ & vs: of minor children, Levi iia, having moved there in Pennsylvania. said minor children and is le, Pennsylvania, where the ember of 2004. primary custody of the two children by court order, with Father receiving partial custody on weekend. 6. In February of 2005, a Mediator recommended, and the granting a shared 50-50% custody to the mother and 7. At the time, Levi Hippensteel, the current 5 years old, older child, Olivia Hippensteel, currently age 8 years Elementary School. 8. In August, 2005, the Petitioner/Mother moved into address. 9. Since Olivia was already in the Cumberland County public school, and since Petitioner/ Mother did not want in schools in the same year that her mother and father not seek a change in schools for Olivia last year. 10. Petitioner/Mother, therefore transported her daughter, school when Petitioner/Mother had her custody of the 11. Meanwhile Olivia has resided in Perry County with boyfriend (along with Levi) during their Mother's custody 12. This year (2006-2007 school year) Petitioner/Mother Levi attend the Perry County schools, and specifically, the School. 13. Further, Petitioner/Mother seeks to return to having that Petitioner/Mother claims that Respondent/Father is children for such long periods of time as is granted with the 14. The children, particularly Levi, age 5, have returned to badly bruised. accepted, a Court Order not in public school; but the was attending a Newville County at the above stated and Levi had not yet started put Olivia through a change up, Petitioner/Mother did to the Cumberland County mother and her mother's to have both Olivia and Bloomfield Elementary custody of both children in when he has the shared custody. custody 15. Levi has shown evidence of fear, anxiety and depression reflected in wetting pants, bowel movements in pants, positions of authority such as the day care provider. 16. Olivia has expressed fear to her Mother begging her not never see her mother again. 17. Petitioner/Mother fears that the physical abuse will children will be irreparably damaged. 18. Petitioner/Mother had been the primary caretaker of the the couple prior to separation. WHEREFORE, Petitioner/Mother prays for a hearing to custody should be transferred to Mother and to determine attend Perry County Schools. Date: 2006 Respectfully submitted, WALZ & WALZ, by: Shaubut C. Walz, E Attorney I.D. No. 15277 341 Market St Newport, PA 17074 (717) 567-6993 Attorney for Plaintiff his behavior that have been act toward persons in "make waves" or she will enhanced and that the during the marriage of whether primary the children should at Law, P.C. i I, TONYA L. E IPPENSTEEL verify that the statements correct. I understand that false statements herein are made subject §4904, relating to unswom falsification to authorities. TONYA L. in this Petition are true and the penalties of 18 Pa.C.S. 44. P? d s 7j TONYA L. HIPPENSTEEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICKEY E. HIPPENSTEEL DEFENDANT 04-6507 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 18, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 12, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M, Verne Es q. 1 V6-/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 V.v? VIWAIASNN?d uiKnO?) r? v-, l??na 90 :ZI W8 91 snv 9001 A8ViM0 Hi0'G'J 3H1 J0 D Yll?--Gly TONYA L. HIPPENSTEEL, V. IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA, RICKEY E. HIPPENSTEEL, 7R., Defendant CIVIL ACTION - LAW NO. 04-6507 IN DIVORCE :MOTION FOR. THE APPOINTMENT OF MASTER AND NOW, February 19, 2007, comes the undersigned Attorney of the Plaintiff and certifies to the Court that the above action in Divorce is at issue; that no issue has been directed by the Court to be trued by jury, and therefore respectfully moves the Court for the appointment of a Master. Discovery is complete as to the claim(s) for which the appointment of a master is requested, except that Defendant has been given thirty (30) days for production of documents from February 20. 2007. The Defendant has appeared in the action with his attorney, Douglas Miller, Esquire. The Statutory ground for divorce is irreconcilable differences (3301 CO) and the no fault two year divorce (3301(d)). It is not believed that the divorce is contested however, there are equitable distribution matters that are contested. The action does not involve complex issues of law or fact. The hearing is expected to take four (4) hours. Date: Respectfully Submitted, WALZ & WALZ, Attorneys at h,aw, P.(-'. Judith T. Walz Attorney ID No. 06349 341 Market Street Newport, Pennsylvania 17074 Atton-ieys for Plaintiff TONYA L. HIPPENSTEEL Plaintiff V. RICKY E. HIPPENSTEEL, JR. Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNT)' : PENNSYLVANIA NO. 2004-6507 CIVIL TERM CIVIL ACTION LAW :IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE AND NOW comes TONYA L. HIPPENSTEEL, Plaintiff, Petitioner-, by her attorneys, Walt & WaL?, Attorneys at Law, P.C., and respectfully represents as follows: 1. Petitioner'Plainti'.ff is Tonya L. Hippensteel, who currently resides at 217 Pike Road. Landisburg, Pennsylvania 17040 Perry County, Pennsylvania, where she has resided since August of'2004. 2, Respondent/Defendant is Rickey E. Hippensteel, Jr., who resides at 447 Steelstown. Road, Nevvville, Cumberland County, Penmsylvania. 3.. The marital home is located at 44-7 Steelstown Road. Newville, Cumberland. County. PennsN lvania; it is titled in the joint names of both parties. 4, To purchase the marital home, the Plaintiff and Defendant signed a mortgage and accompanying note obligating themselves to pay the regular monthly payments (to include the homeowner's insurance premium and the real estate taxes) on or before the I'' day of each month. 5. After the couple were married for about five (5) years. on or about December 28, 2004 Plaintiff filed a Complaint in Divorce in which she requested divorce and equitable distribution of the marital assets and liabilities. including the subject marital real estate and the subject mortgage. 6. On or about September 29. 2005, Defendant/Respondent was granted exclusive possession of the marital real estate, to the exclusion of Plaintiff/Petitioner, Tonya L. Hippensteel A true and correct copy of the Court Order granting Defendant/Respondent, Rickey E. I lippensteel, Jr. the exclusive possession of the marital real estate is attached hereto, made apart hereof and marked Exhibit A. 7, W'lth the exclusive possession of the marital real estate came the sole responsibility of Defendant/Respondent, Rickey E. Hippensteel to pay the monthly mortgage obligation. 8. The Petitioner/Plaintiff, Tonya Hippensteel has recently received notice from the mortgage holder that the Defendant/Respondent Rickey Hippensteel. Jr. has repeatedly failed to pay the mortuage on the due date of each month and in fact has sometimes been delinquent for more than thirt.? days in his payment, even though he has been residing in the marital residence and has had exclusive possession of the marital real estate. 9. Further. the lender has provided to Petitioner/Plaintiff a copy of the payment record,,Athe mortQage in the last years (2005 and 2006) which reveals that Defendant/Respondant Rickey E. Hippensteel. Jr. has been tardy in his mortgage payments for numerous months as follows: a. From Ianuary 2005 through August, 2006. Defendant/Respondant, Rickey Iippensteel has been between 12 and 55 days late; b. From August through December 2006, Defendant/Respondant, Rickey Hippensteel has been between 31 and 65 days late in the payment of the mortgage, which tardiness has forced the lender to discuss foreclosure with Tonya. Hippensteel. C. A copy of payment record and notice of delinquency provided to Plaintiff"Petitioner by the lender P.H. E. A. is attached hereto, made a part hereof: and marked Exhibit E3, 10. The lender has also indicated to Plaintiff/Petitioner, Tonya Hippensteel, that thc? Defendant/Respondent, Rickey Hippensteel has failed to cooperate in any manner N ith the Lender. causing the Lender to move their actions toward foreclosure actions. 11. Since Plaintiff/Petitioner, Tonya Hippensteel. is denied possession of said marital real estate by Court Order. she is unable to qualify for Housing Assistance that is provided to property oxN hers residing in their home who are unable to pay their residential mortgage, 12. If the marital reaa estate goes into foreclosure. the equity in the house will be eaten up by unnecessary legal fees and costs which it is argued are the sole responsibility or Detendant/Respondant. Rickey Hippensteel, Jr. because of his exclusive possession of the marital real estate and his failure to pay the mortgage as contemplated by both Plaintiff and Defendant. it being the position of Plaintiff/Petitioner. Tonya Hippensteel that lZickeyr Iippensteel, Jr."s denial to Plaintif "/ Petitioner of potential rental income that the marital real estate could have made in the event that BOTH parties were out of possession ofthe marital real estate during, their separation period could have been used for prompt payment cif the mort2aLfe. 13. Currently. the mortgage payment for the month of January, 2007 is in delinqucricy, 14. Defendant/ Rickey Hippensteel has effectively barred himself from being able to become an approved credit risk for the purpose of refinancing of the current mortgage which refinancing had been contemplated by the parties one year ago so that one party could buy out the other party's marital interest. 15, Further. since Plaintiff/Petitioner's name is also on the mortgage obligation, each and every failure on the part of Defendant/Ricky Hippensteel to pay the monthly mortgage in a timely mariner, affected the credit rating of Plaintiff/Petitioner Tonya Hippensteel. WHEREFORE, this Plaintiff/Petitioner. Tonya Hippensteel, therefore requests 01' % our Honorable Court, the following: a Tliat Rickey :Hippensteel, Jr. be immediately ordered to cure the dclinquenc ? oft lie mortgage which he caused and that he be required to pay each mortgage pa,? ment on or before the 1st day of each month. b. That Rickey Hippensteel, Jr. be ordered to assume absolute liability for the payinent of ar_iy and all legal fees and costs that may be assessed against the parties as a result of failure on the part of Rickey Hippensteel. Jr. to pa}? the mortgage in violation ot`the mort?2:age and note obligations because he had exclusive possession of the n-tarit,al real estate by Court Order which effectively denied the Plaintiff/Petitioner the fair rental income of the said property so that she could have shared the payment responsibility of the said mortgage. c, That Rickey :Hippensteel, Jr. be ordered (with Plaintiff/Petitioner/Tonya Hippensteel;) to list the property for sale with a realtor in the event that he has no ability to in-anediately cure the delinquency and pay all the legal fees and costs charged by the Lender as a result of his delinquency and order him to winterize the subject house, move out ofpossession immediately so that the property can be rented while up for sale and/or sold. d. In the event that the court permits the Defendant/Rickey Hippensteel, Jr. to remain in the marital real estate, that the Court order the property be listed for sale because the Defendant Rickey Hippensteel has no credit to obtain a refinancing mortgage in order to buy out the Plaintiff/Petitioner/Tonya Hippensteel's marital interest in the property, and further ord °r the said Rickey Hippensteel to stay current on the payment of the mortgage, and fully cooperate with the realtor in the pursuit of sale of the real estate oI'the parties so that the said property can be liquidated promptly. e. To order that Ricky Hippensteel Jr. fully cooperate with the Lender and/or the Housing Assistance in order to save the said marital home from foreclosure (if a foreclosure becomes imminent) and its attendant costs. f. To order any other protection of the marital asset and of Plaintiff/Petitioner's equitable interest that the Court deems necessary under the circumstances of the factual allegations of this Pet; tion. Respectfully submitted, Judith T. Walz -Attorney I. D. #06349 WALZ & WALZ ATTORNEYS AT LAW, P. C. 341 MARKET ST. NEWPORT, PA. 17074 PHONE: 567-6993 DATE: VERIFICATION I, TONYA L. HIPPENSTEEL, Plaintiff/Petitioner, verify that the statements made in this Petition for Special -Relief are true and correct. I understand that false statements herein are made subject to the penalties of 1S Pa.C.S. §4904, relating to unsivorn falsification to authorities, f Date: ------ TONYA L. HIPPENSTEEL . 1_2nR9 1 F;: ?4 '7172495755 OBS 'AGE 01 TONYA L. HTPPENSTEF-L, Plaintiff vs. R - ,Y E. HIPPENSTEEL, A., Defendant ,AND NOW, this directed that: INTTHE COURT OF COMMON PLEAS OF Cut BERLAND COUNTY, PENNSYLVANIA CIVIL ACTTOd - LAW 04-6507 CIVIL IN RE:_ PETITION FOR SPECIAL RELIEF ORDER 21 - day of September, 2005, after hearing, it is ordered and L The plaintiff, Tonya L. Hippensteel, is enjoined from removing any items of property from the residence of the defendant, Rickey E. Hippeasteel, Tr., and from entezing upon the same except for purposm having io do with child custody. 2. The plaintiff is dire cte i to return to the defendant the dog known as Tucker. 3. The defendant is ordered and directed to return. to the plaintiff her penonal jewelry and any items a£h,.er clothing in his possession. BY THE COURT, Aaron Jones, Esquire For the Plaintiff Douglas G. 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O 1 %D nt ?+ v 7[ R x w r 'S7 ? 1 p x m x ? -l Z7 -i ?7 n •C Y mmm . main 1 711 T1 -n „,1 i%, 'ra ac S m m m A w vs d ril m ? ? 6 3 t7 m m .. x .+ r fIf 4 .s ?w -? w c x x ?• - : zs a m z -- d a ' a o ® Cat oa oa tf s: ` to 0 o t mN 10)1. m .. .. r ;v Tj -4 'V ? .t V ?? ? A A w 1,+ W 2 m .. to oa Oa n M r S O 191 p M p ,? ? -al -1 C N r N N A A ti T N wl Q • A q -i fn r w z V) Sb O > A Z x Z o c n n ? o om Sm C ca b 2E N ry (all 9 m M Z -e n _ N U4 O { °'d N ? Q O ? .. W lx1 GP Z A J1 1 rr H 1 O H ? +/ v GI Q ? -ti .o a o. o r \? r w ? ?• m r\ w ? . rlsr1b - _ r w -- 1 -. m w m Cl w; o to r ? ? +i CS 1 •? 1 d O m O ? C2 O W 1 M , c c ' co •p 1 N m ' ?. • Z O Cs O O 15 1 ` N ? ? -p t1 ?. A t7 1 *J .. e a> a N 3 m rl to W I.- q ? r ~ 4m w S ?, .. to -i Cr N-J aW TOTRL P. OE3 JAN-08-2007 13: 12 PHFACOLL 17^8f??Rf_4 P.F?1./f 5 11 •rv'1A--0 a# 111Yi?? i f7 LV.'1 VVUUlUV 111VLllf? JlEl,,5?361.62 Horrl RICKEY E. HIPPENSTEEL JR Status R Int.Rate 5.375 1.07'.43 Sorr2 TONYA L. HIPPENSTEEL Type 01 - 01 SrvFees .03500 ?:Aciu .00 Prop: 447 STEELSTOWN ROAD FHA Y1dDif .00000 T(,)"Pmt; 971.00 NEWVILLE PA 17241 #PrntDlq 1 Next Due 1/01/07 T o DE!1 9136.00 Int Pd To 12/01/06 PSI Short .00 Corp Adv 15.00-- M,;?G: 22 TRN# CODE POSTER EFFECTVE DESCRIPTION NEXT DUE TOTAL AMT 178 92 02 '7/28/06 7/28/06 REV Insufficien 072106 7/01,/06 991.00- 179 02 92 7/31/06 7/31/06 PAYMENT 8/01/06 991.00 180 19 19 7/31/06 7/31/06 RECOVER ESCROW ADVANCE 8101106 307.83- 181 13 26 7/31/06 7/31/06 PMT-CORPORATE ADVANCE 8/01/06 15.00 182 14 02 7/31/06 7/31/06 NSF CHECK CHARGES 8/01/06 12.33 183 19 40 8/07/06 8/07/06 FgANIP INS ADVANCE 8101106 48_31 184 60 40 8/07/06 8/07/06 FHAMIP INS DISBURSED 8/01/06 48.31- 185 93 14 8/08/06 8/08/06 REV Insufficien 073106 8/01/06 1.2.33- 186 93 13 8/08/06 8/08/06 REV Insufficien 073106 8101106 15.00- 187 19 92 8/09/06 8/08/06 ADVANCE 8/01/06 307.83 188 14 99 8/08/06 8/08/06 NSF CHECK CHARGES 7/01/0625.00 189 92 02 8/08/06 8/08/06diEV IU-6 si 17310 7/01/06 991.00- 190 02 92 8/14/06 8/14/06 PASMENT 8/O1/Ofiy; \ 991.00 191 19 19 8/14/06 8/14/06 RECOVER ESCROW ADVANCE 8/01/0$ ;307.83- ' ; More .. . F2=Switch view F3=Exit F12=Return Pg Down Pq up 75, tr a? ? a.:: r J H111-OH-2007 1:3:1-2 PHFAa)LL LJ VCA&lN .;.yv jc» llivIt 1IV C,Ju.L UUUUiUU invl,n# Eorrl RICKEY E. HIPPENSTEEL J]R Status R '.nt.Rate Dorr2 TONY,A L. HIPPENSTEEL Type 01 - 01 lirvFees Prop: 447 STEELSTOWN ROAD FHA ?'ldDif NEWV;ILLE PA 17241 #1?mtDlq 1 Next Due Int Pd To 12/01/06 P&I Short .00 Corp Adv TRN# CODE POSTED EFFECTVF} DESCRIPTION 192 13 24 8/14/06 8/14/06 PMT-FORBEAR SUSP 193 14 99 9/17/06 8/17/06 LATE CHARGES 194 19 40 9/05/06 9/05/OE; FHAMIP INS ADVANCE 195 60 40 9/05/06 9105/06 Zff=P INS DISBURSED 196 14 99 9118/06 9/18/06; LATE CHARGES 197 02 8-3 9/22/06 9/22/06 PAYMENT---- 198 19 19 9/22/06 9/22/05 RECOVER ESCROW ADVANCE 199 13 24 9/22/'06 9/22106 Pmt-FORBEAR SUSF 200 10 9/29/06 9/29106 FM-INT ON ESCROW 201 19 19 9/29/06 9/29/06 RECOVER ESCROW ADVANCE 202 19 93 10/04/06 10/04/06 ADVANCE 203 93 10 10/04/'06 10104106 REV Iasufficien 092906 204 93 13 10/04/06 10104106 REV Insuffician 092206 205 19 92 10/04/06 10104106 ADVANCE ?1' 7t C 3F P.02/05 :' ? 3,.1 b , 5 8 6.62 5.375 107.43 .03500 3c l i.dv .00 . 00000971.00 1/01/07°; 986.00 15.010- 1-ISG : 22 NEXT DUE i"OTAL AMT' 8/01/009 132..50 8/01/0Q5 27..33 8/01/06 Y.? 48..31 8101106 48.31- 8/01/06 27.33 9J01/06r - P1991.00 9/01/06`., ,,,' f' 307.83- 9/01/06 `... R 132.50 9/01/06. .24 9/01/06 .24- 9/01/06 .24 9/01/06 _24- 9/01/06 132.50- 9/01/06 307.63 Moire .. . F2=Switch view F3=Fxit F12 =Return Pg Doran Pg Up .TAN-0R-2nn_ 7 13:12 PNFRCOLL Borrl RICKEY E, 1UPPENSTEEL JRVStatus--V R""Int Rate Borr2 TONYA? L. SIF'PENSTEEL . Type 01 - 01 3rvFees Prop: 447 STEELSTOWN ROAD FBA Y1dDif NEWVILLE PA Int Pd To 12/01/06 17241 #PmtDlq 1 tdextDue PSI Short 00 TRN# C0-T)E POSTED EFFEGTV:E . Corp Adv DESCRIPTION 206 207 14 99 92 02 10/04/06 10/04/06 10/04/0'i6 10/04/015 NSF CHECK CHARGES REV 208 10 10/04/06 10/04/01 Insufficien 092206 PMT-INT ON ESCROW 209 210 19 19 02 9? 10/04/06 10/04/06 10/04/015 10/04/01; RECOVER ESCROW ADVANCE P 211 212 19 1'.2 10/04,106 10/04/06 Arum RECOVER ESCROT# ADVANCE 213 13 24 19 40 10/04,106 10105/06 10/04/011 10/05/01; PMT-FORBEAR SUSP rBAMp 214 215 60 40 14 99 10105/06 10/17/06 10/05/06 10 INS ADVANCE FAA=P INS DISBURSED 216 62 26- ;10/25/06 /17/01; 10/25/06 LATE CHUGES CORP ADV pISB 217 218 02 19 19 10130/06 10130/06 10/30/06 10130106 PAYI4ENT .- RE 219 19 40 1110B/06 11/08/06 COVER ESCROW ADVANCE Fn=p INS ADVANCE F2=Switch view F3=Exit rl2=Return Pg Down 5.375 1; :3c _3?;l1 1137.43 .03500 is..:;t:.=?cly .00 .00000 t.? t .'rit 971 00 1/01/07 t le1 986.00 15.00-- "'SG: 22 NEXT DUr TOT AL AMT 8/01/06 25.00 8/01/06 991.00- 8/011'06 .24 8101106' .24- 9/01/06 991.00 9/01/013 307..83- 9/01/06 132..50 9/01/0(; 48.31 9/01/0Ei ,% _.,a% t 48.31- 9/01/0 27.33 9/01/0 15.00- 10/01/0'.?I, 018.3:3 10/01/060-, °f 307.83- 10/01/06 48.31 More... P'q up L J • J. d rHt-H -L'LL. i.vuiin' &.LJIG;7J 11,LvV 1I!rL) Borr1 RICKEY E. HIPPENSTEEL Mc Borr2 TONUk L. HIPPENSTEEL Prop: 447 :3TEELSTOWN ROAD NEW].,, LLE PA 17241 #11 Int Pd To 3.2/01/06 P&I Short TRN# CODE POSTED EFFECTVE 220 60 40 11/08/06 11/08/06 221 19 50 11/08/06 11/08106 222 60 5G 11108106 11/08/06 223 14 99 11/16/06 11/16/06 224 02 12/04/06 12/04/06 225 19 19 12/04/'06 12/04/06 226 19 40 12/05/06 12/05/06 227 60 40 12/05/06 12/05/06 228 14 99 12/19/'06 12/19/06 229 62 26 12/20/06 12/20106 230 13 24 12/31/06 12/31/06 231 01 16 12/31/06 12/31/06 232 19 19 12/31/06 12/31/06 233 01 16 12/31/06 12/31/06 ul vuuuauv inv..,niF Status R Int.Rate Type 01 - 01 SrvFeeS FRA Y1dDif mtDlq 1 Next Due .00 Corp Adv DESCRIPTION FHAMIP INS DISBUR HAZARD INS ADVANCE HAZARD INS DISBURSED LATE CHARGES PAYMENT., RECOVER ESCRow ADVANa rHAMIP INS ADVANCE FHNMIP INS DISBURSED LATE CHARGES CORP ADV DISB PMT-FQRBEAR SUSP -? PMT FROM FORE SUSP RECOVER ESCROW ADVANCE PMT FROM FORD SUSF £2=Switch view F3=Exit F12:=Return Pg Down Pg 17.t 77M36r:I F. 04; 05 `- 'H : 116, 586.62 5.37:3 k 1 1.07.43 .035011 r: ? c." c;lv .00 00000 7°;)'t zrtt 5171.00 1/01/07 T)t 986.00 15.00•- 143-G: 22 NEXT DUE '10TAL A 'lT D 10/01/06 48.3.1- 10/01/06 529.00 10/01/06 :,- 529.00- 10/01/06," 1 27.33 11/01/0 ,019.33 : E 11/01/0 , 307.83- 11/01/06'\, '` 48.31 11/01/06 1...?. ; 48.31- 11/01/06 .----.,, 27,33 11/01/06( v,,)\ 15.00- 11/01/06(, 2 1036.66 12101106- "1 1018-33 12/01/06 307.83- 1/01/07-- 998.33 SE M?a JRN-00-2007 I3:13 PHFACOLL ...vu•. 11 .0.0 v•.+...? - .Ir .r.r •v Borrl RICKEY E. HIPPENSTEEL JR Borr2 TONYA L. HIPPENSTEEL Prop: 447 STEELSTOM ROAD NEWVILLE PA 17241 #P Int Pd To 12/01/06 P&I Short TRN# CODE POSTED EFFECTVE 234 19 19 12/31/06 12/31/06 235 26 24 12/31/06 12/31./06 236 13 26 12/31/06 12/31/06 237 14 01 12/31/06 12/31/06 238 14 01 12/31/06 12/31/06 239 14 01 12/31/06 12/31/06 240 14 01 12/31/06 12,/31/06 241 14 01 12/31/06 12/31/06 242 14 01 12/31/06 12/31/06 243 14 01 12/31/06 12/31/06 244 14 01 12/31/06 12/31/06 245 13 25 12/31/06 12/31/06 246 62 26 1/05/07 1/05/07 247 60 40 1/08/07 1/08/07 F2=Switch view Stratus R Int. Rate Type 01 - 01 SrvE'ees FHA Yidoif mtrI)Z9 1 Next.Due .00 Corp Add DESCRIPTION RECOVER ESCROW ADVANCE FORBEARANCE ADJ PT-CORPORATE ADVANCE L&TE CHARGES DEFERRED LATE CHARGES DEFERRED LATE CHARGES DEFERRED LATE CHARGES DEFERRED LATE CHARGES DEFERRED LATE CHARGES DEFERRED LATE CHARGES DEFERRED LATE CHARGES DEFERRED PST-mlSC SUSP CORP ADV DISK TRAMP INS DISBURSED 7I 77P03201 P. 05/05 5.375 E w c::: l 107.43 .03500 E? c?+.?iv 100 .00000 Tit]=Ex?.t 9171.00 1/01/07 7,;,t1?41 56.0fl 15.00- lj;SG; 22 NEXT DUE "'OT AL ANT 1/01/07 132.87- 1/01/07 285.00- 1/01/07 45.00 1/01/07 11.01 1/01/07 27.33 1/01/07 27.33 1/01/07 27.33 1/01/07 27.33 1/01/07 27.33 1/01/07 27.33 1/01/07 27.33 1/01/07 37.68 1/01/07 15.00- 1/01/07 47.53- ]Bottom F3=Exit F12=1teturn Pg Down Pl tio? TOTR.L. P.05 JAN-09-2n,0? 1-3'12 PHFACQLL. ---.. ft..vaA..F%a J.alv1( L17 LV Borrl RICKEY E. HIPPENSTEEL JR Borr2 TONYA L. HIPPENSTEEL .Prop: 447 STEELSTOWN ROAD NEwvILLE PA 1,7241 # Int Pd To 12101,106 PSI Short TRN# CODE POSTED EFFECTVE 178 92 02 7/28/06 7/28/06 179 02 92 7/31/06 7/31/06 180 19 19 7/31/06 7/31/06 181 13 26 7/31/05 7/31/06 182 14 02 7/31/06 7/31/06 183 19 4C 8/07/06 8/07/06 184 60 4C 8/07/06 8/07/06 185 93 14 8/08/06 8/08/06 186 93 13 8108106 8/08/06 187 19 92 8/08/06 8/08/06 188 14 99 8/08/06 8/08/06 189 92 02 8/08/06 8/08/06 190 02 92 8/14/06 8/14/06 191 19 19 8/14/06 8/14/06 F2=Switch view v1 VVVVIVV 111VL11-t Status R Int. Rate Type 01 - 01 SrvFees FHA Y1dDif PmtDlq 1 NextDue .00 Corp Adv DESCRIPTION ]REV Insufficien 072106 'PAYMENT ]RECOVER ESCROW ADVANCE IPM-CORPORATE ADVANCE NSF CHECK CHARGES l?HAMIP INS ADVANCE FHAMIP INS DISBURSED LEST Insufficien 073106 1MV Insuffici.en 073106 ADVANCE ZTSF CHECK CHARGES REV Insufficien 073106 PAYMENT RECOVER ESCROW ADVANCE 5.375 Eils(::13al 10 7. .03500 Flsc.:Ad" .00000 ':1'01:11mta 971. 1/01/07 Tot: Del. 996. 15.00- MSC,;: 2s': NEXT DUB: TOT AL AMT 7/01/06 991.00-- 8/01/06 991.00 8101106 307.83-- 8/01/06 1.5.00 8101106 12.33 8101106 48.31 8/01/06 4$.31- 8/O1/06 1.2.33- 8101106 1.5.00- 8/01/06 307.83 7/01/06 25.00 7/01/06 991.00- 8101106 991.00 8101106 307.83- More. F3=Exit F22=Return Pq Down Pg UP, 62 43 00 00 00 Ar. Jv ,, i,t V jf J. / V ruol uuuuiuu i nv* ,n## UPB : 116,586.62 Horrl RICKEY E. HIPPENSTEEL JR Status R :_nt_.Rate 5.375 EscBal 107.43 Eorr2 TONYA L. SIPPENSTEEL Type 01 ?- 01 SrvFees .03500 EseAdv .00 Prop: 447 STBELSTOWN ROAD FSA )'ldDif .00000 I'otPmt 971.00 NEWVILLE PA 17241 #13mtDlq 1 NextDue 1/01/07 'Iotnel 986.00 Int Pd To 12101106 P&I Short: .00 Corp, Adv 15.00- MSG: 22 TRN# CODE POSTED EFFECTVE: DESCRIPTION NEXT DUE TOTAL AMT 192 13 24 9/14/06 8/14/06 PMT-FORBEAR SUSP 8101106 132.50 193 14 99 8/17/06 8/17/06 LATE CHARGES 8/01/06 27.33 194 19 40 9/05/06 9/05/05 FQAMIP INS ADVANCE 8/01/06 48.31 195 60 40 9/05/06 9/05/06 FEAMIP INS DISBtMSED 8/01/06 48.3.1- 196 14 99 9/18/06 9118106 LATE CHARGES 8/01106 27.33 197 02 83 9/22/06 9/22/06 PAYMENT 9/01/06 991.00 198 19 19 9/22/06 9/22/06 RECOVER ESCROW ADVANCE 9/01/06 307.83- 199 13 24 9/22/06 9/22/06 PMT-FORBEAR SUSS 9/01/06 132.50 200 10 9/29/06 9/29106 PMT-114T ON ESCROW 9/01/06 .24 201 19 19 9/29/06 9/29/06 RECOVER ESCROW ADVANCE 9/01/06 .24- 202 19 93 10104/06 10/04/06 ADVANCE 9/01/06 .24 203 93 10 10/04/06 10/04106 REV Insufficicn 092906 9/01/06 .24- 204 93 13 10/04/06 10/04/06 REV Insufficien 092206 9/01/06 132.50- 205 19 92 10/04/136 10/04/06 ADVANCE 9/01/06 307.83 More... F2=Switch view F3=Exit F12=;Return Pg Dawn PO tp v ?_ • Y Y Y Y V 1 14 v .id I 1 I . .err 1VM../• Vv/ ` 1"1 r v? d. `M O iJ ?? . iL Borrl RICKEY E. HIPPENSTEEL JR Status R I:a':. gate 5.375 F ::: F a.1 107.43 Borr2 TONYA L. HIPPEN STEEL Type 01 - 01 S. vFees .03500 Esii.-Addvx .00 Prop: 447 STEELSTOWN ROAD FRA Y-'.dDif .00000 Tc -;. Pmt 971.00 NENVILLE FA 17241 #PmtDlq 1 Nt:xtDue 1/01/07 T:;- Del 985.00 Int Pd To 12 /01/06 P&I Short .00 Corp Adv 15.00-• MISG! 22 TRN# CODE POSTED EFFECTVE DESCRIPTION NEXT DUE -(DTAI, AMT 206 14 99 10/04/06 10/04/06 NSF CHECK CHARCO;S 8/01/06 25. iR0 207 92 02 10/04/06 10/04/06 REV Insufficieal 092206 8/01/06 9,91.00- 208 10 10/04/06 10/04/06 PMT-INT ON ESCROW 8101106 .24 209 19 19 10/04/06 10/04/06 RECOVER ESCROW ADVANCE 8/01/06 .24- 210 02 92 10/04/06 10/04106 PAMONT 9/01,/06 991.00 211 19 19 10/04/06 10/04/06 RECOVER ESCROW ADVANCE 9/01/06 307.83- 212 13 24 10/04/06 10/04/06 FMT-FORBEAR SUSP 9/01/06 132.50 213 19 40 10/05/06 10/05/06 FAAMIP INS ADVANCE 9/01/06 48.31 214 60 40 10105106 10/05/06 FHAMIP INS DISEMMED 9/01/06 48.31- 215 14 99 10/17/06 10/17/06 LATE CHARGES 9/01/06 27.33 216 62 26 10/25/06 10/25/06 CORP ADV DISB 9/01/06 15.00- 217 02 10/30/06 10/30/06 PAMM 10/01/06 1,018.33 216 19 19 10/30/06 10/30/06 RECOVER ESCROW ADVANCE 10/01/06 307.83- 219 19 40 11108106 11/08/06 FHAMIP INS ADVANCE 10/01/06 48.31 More... F2=Swi tch view F3==Exit F12=Return Pq Dovrn Pq up J H l-r_rd-cfM-? r .1 • 1 ? rrlr Ht.ULL "%-FLA 1,-fr aa.V iL:aJ lLI%FW 1IV ruU-!1 uuuviuV 1nvLi1$ Borri RICKEY E. HIPPENSTEEL JR Status R Int.Rate Borr2 TONYA L. HIPPENSTEEL Type 01 - 01 Sr.vFees Prop: 447 STEELSTOWN ROAD FHA Y1dDif NEWVILLE PA 17241 #PmtDlq 1 Ne.xtDue Int Pd To 12/01/06 P&I Short .00 Corp Adv TRN# CODE POSTED EFFECTVE DESCRIPTION 220 60 40 11/08/06 11/08/06 FKAMIP INS DISBURSED 221 19, 50 11/08/06 11108106 HAZARD INS ADVANCE 222 60 50 171108106 11/08/06 HAZARD INS DISBURSED 223 14 99 11/16/06 11/16/06 LATE CHARGES 224 02 12/04/06 12/04/06 PAYMENT 225 19 19 12/04/06 12/04/06 ;RECOVER ESCROW ADVANCE 226 19 4C 22/05/0'6 12/05/06 FHAMIP INS ADVANCE 227 60 4C 12/05/06 12/05/06 FBANIP INS DISBURSED 228 14 99 12/19/06 12/19/06 :GATE CHARGES 229 62 26 12/20/06 12/20/06 'CORP ADV DISB 230 13 24 12/33/06 12/31/06 :PMT-FORBEAR SUSP 231 01 16 12/31/06 12/31/06 :PMT FROM FORE SUSP 232 19 19 12/31/06 12/31/06 10COVER ESCROW ADVANCE 233 01 16 12/31/06 12/31/06 IM FRO14 FORD SUSP F2=Switch view F3=Exit F12-7etu= r.?. r met )Mav r, U4/e1J UE113: 1161586-62 5.375 Ef tB 1017.43 .03500 .00 .00000 ?'o1r t?n?r 9111.00 1.101/07 Tcct"Del 986.00 15.00-1 IKS G : 2:2 NEXT DUE TOTAL AMT 10/01/06 48.31- 10/01/06 529.00 10/01/06 529.00•- 10/01/06 27.33 11/01/06 1,018.33 11/01/06 307.83•- 11/01/06 418.31 11101106 48.31-- 11/01/06 27.33 11101106 15.00- 11101106 2 1036.66 12101106 :1 1018-33 12/01/06 307.83- 1/01/07 9988.33 More u v e P'q Down P9 UP JRN-08-2007 13:1.3 PHFRCOLL r s ' r? tar's r „ e??? Borrl RICKEY E. HIPPENSTEEL JR Stratus R Int. Rate 5.375 E . Ba.1 107.43 ,Borr2 TONYA L. HIPPEN STEEL Type 01 - 01 SrvFees .03500 E,acAdv .00 Prop: 447 -T.MLSTOWN ROAD FRA YI.dDi f .00000 Tt; t Pmt 971.00 NEWVILLE PA 17241 #PmtDlq 1 Next Due 1/01/07 Tc: uDo l 9€36.00 Int Pd To 12 /01/06 P&I Short .00 Corp Adv 15.00•- MSG: 22 TRN# CODE POSTED EFFECTVE DESCRIPTION NEXT DUK .0T AL AMT 234 19 19 12/31/06 12/31/06 RECOVER ESCROW ADVANCE 1/01/07 132.87- 235 26 24 12/31/06 12131106 FORBEARANCE ADJ 1/01,/07 285.00- 236 13 26 12/31/06 12/31/06 PMT-CORPORATE ADVANCE 1/01/07 45.00 237 14 01 12/31/06 12/31/06 LATE CHARGES DEFERRED 1/01/07 11.01 238 14 0 12/31/06 12/31/06 LATE CHARGES DEFERRED 1/01/07 27.33 239 14 01 12/31/06 12/31/06 LATE CHARGES DEFERRED 1/01/07 27.33 240 14 01 12/31/06 12/31/06 LATE CHARGES DEFERRED 1/01/07 .27.33 241 14 01 12/31/06 12/31/06 LAT$ CHARGES DEFERRED 1/01/07 27.33 242 14 01 12/31/06 12/31/06 SATE CHARGES DEFERRED 1/01/07 27.33 243 14 01 12/31/06 12/31/06 LATE CHARGES DEFERRED 1/01/07 27.33 244 14 01 12/31/06 12/31/06 LATE CHARGES DEFERRED 1/01/07 27.33 245 13 25 12/31/06 12/31/06 PMT-UMSC SUSP 1/01/07 37.68 246 62 26 1/05/07 1/05/07 CBRP ADV DI3B 1/01/07 15.00•- 247 60 40 1/08/07 1/08107 FHAMIP INS DISBURSED 1/01/07 47.53- E®ttam F2=3witch vi ew F3;4xit F12--Return Pq Dawn Pg up TOTRL P.05 jPl,-OF_ - D K7 _ 17 PHFACOLI_ ' u v.?.• li Eorxl RIC ?-. v KEY . M?V r. • • II r. . r • v w ? r rr ??? ... ._... E. HIPPENSTEEL JRv5tatus R Int. Rate .. ,? 5.375 ;. ,,-:.t a -u?? s ?,? • -? 107.43 sorr2 TON Y, L. HIPPEN STEEL 'type 01 - 01 SrvFees .03500 zE;s,Z:.L.c`v .00 -Prop: 447 ST EELSTOWN ROAD FHA Y1dDif .00000 7'ot Pr, 971.40 NEWVIL LE FAI 17241 #PmtDlq 1 NextDue 1/01/07 O e 986.00 Int Pd To :2 /01/06 PSI Short .00 Corp Adv 15.00- MISS: 22 TRN# ; OD E POSTED EFFECTVE DESCRIPTION NEXT DUF: ,07P AL AMT 234 19 11 12/31/06 12/31/06 :RECOVER ESCROW ADVANCE 1/01/01' 1312.817-- 235 26 2- 12/31/06 12/31/06 FORBEARANCE ADJ 1/01/011 285.00-- 236 13 2i 12/31/06 12/31/06 :EMT-CORPORATE ADVANCE 1101107 45.00 237 14 0': 12/31/06 12/31/06 :LATE CHARGES DEFERRED 1101101' 11.01 238 14 0"' 12/31/06 12/31/06 :LATE CHARGES DEFERRED 1101107 27.33 239 14 0-, 12/31/06 12/31/06 :LATE CHARGES DEFERRED 1/01/011 27.33 240 14 01 12/31/06 12/31/06 :GATE CHARGES DEFERRED 1/01/011 27.33 241 14 01 12/31/06 12/31/06 :LATE CHARGES DEFERRED 1/01/07 27.33 242 14 01 12/31/06 12/31/06 :LATE CHARGES DEFERRED 1/01/07 27.33 243 14 01 12/31/06 12/31/06 :LATE CHARGES DEFERRED 1/01/07 27.33 244 14 0. 12/31/06 12/31/06 LATE CHARGES DEFERRED 1/01/07 27.33 245 13 25 12/31/06 12/31/06 :PMT-MISC SUSP 1/01/07 37.68 246 62 26 1/05/07 1/05/07 CIORP ADV DISB 1/01/01' 15.00- 247 60 40 1/08/07 1/08/07 :FHAMIP INS DISBURSED 1/01/07 47.53- Bottom F2=Switch vi ew F3=Exit F12=]return Pg Down Pg Up TOTAL P. 05 _?89- /@3N 931778@3$@ P-@ go - 71 to t ? - 4'Z PF?FACC?-?- 1 59P O N '} n? 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HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA, : No. 04-6507 : CIVIL ACTION -LAW : IN DIVORCE NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated since December 2004 and have continued to live separate and apart for a period of at least two (2) years. 2. The mavriage is irretrievably broken. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date lon • A, r Z, TONY . HIPPEN EL TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA, : No. 04-6507 : CIVIL ACTION -LAW : IN DIVORCE COUNTER AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _(a) I do not oppose the entry of a divorce decree. _(b) I oppose the entry of a divorce decree because (check (i) (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _(a) I do not wish to make any claims for economic relief. 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. _(b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE A CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. COMMONWEALTH OF PENNSYLVANIA COUNTY OF PERRY : ss. AFFIDAVIT OF NON-MILITARY STATUS I, TONYA L. HIPPENSTEEL, being an adult individual, hereby depose and affirm that RICKEY E. HIPPENSTEEL, JR. Defendant, is not in the military service of the Armed Forces of the United States of America. Sworn to and subscribed before me this ( day .2007. of >?_hY v aA-m My Commission Y ? ?klfil? r .(SEAL) Tana A. Zang, ry Public Newport Boro., Perry County My commission expires December 16, 2009 r--3 CO q Y 3 C. i ? X Y ?.y?.? G o TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA :CIVIL ACTION - LAW :NO. 04-6507 :IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS BY DEFENDANT TO: Rickey E. Hippensteel, Jr., Defendant c/o Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 YOU. '?RE HEREBY NOTIFIED that pursuant to Pa. R. Civ. P. 4009. 1, Plaintiff, Tonya L. Hippensteel, by and through her legal counsel, Walz & Walz, hereby propounds the following Request for Production of Documents and tangible things which are in the possession, custody, or control of the party to whom this request is directed, their designated agents, representatives, and attorneys within thirty (30) days after service. The documents and tangible things requested herein must be produced at the law offices of Walz & Walz, 341 Market Street, Newport, Pennsylvania in accordance with Pennsylvania Rules of Civil Procedure or applicable local rule of Cumberland County prior to the indicated time for production thereof. WALZ & WALZ Date: February, 2007 ith T. Walz, Esquire upreme Court I.D. #06349 341 Market Street Newport, PA 17074 (717) 567-6993 Attorney for Plaintiff INSTRUCTIONS AND DEFINITIONS "You" or "yours" means the Defendant and/or all corporations, partnerships or sole proprietorships that Defendant owns or in which he/she has a controlling interest, and any employee, agent servant or independent contractor of Defendant. 2. "Defendant" unless otherwise specified, shall mean the Defendant answering the Interrogatories. 3. "Document," "record," "file," or "report" all refer to and mean the original, all drafts thereof, and all copies of any written, printed, recorded or other graphic matter, whether on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other means of information retrieval and storage, however produced, reproduced or prepared. 4. "Person" or "individual" means a natural person, a partnership, a corporation, an unincorporated association, a government (or agency thereof), a quasi- public entity, or other form of entity. 5. This Request applies to all documents in your possession, custody or control or in the possession, custody or control of persons acting or purporting to act on your behalf, including, but not limited to your present and former agents, servants, contractors, employees, accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties. 6. Each of the following is intended to be a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered requests as a whole. 7. If you have objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. 8. Before responding to this Request, you are required to make a diligent search of your files and records to ascertain whether you have documents which would be responsive to a given request. Your agents, representatives, employees, attorneys and other individuals acting or purporting to act on your behalf must to the same. J DOCUMENT REQUESTS All documents and statements including but not limited to any individual retirement account, pension plan, profit sharing plan, savings plan, Keogh plan, 401(k) plan, annuity, retirement benefit, stock bonus plan, stock option plan or thrift savings plan through any current or previous employer or regarding any other retirement benefits still due or due in the future, including the summary plan description and other such information regarding each retirement plan, as well as annual statements for each plan from 1999 to the present. 2. All financial statements or documents referring to any deferred compensation plan to which you are entitled by reason of any present or past employment, including any understanding regarding the future distribution of earnings presently retained or anticipated to be received. 3. Your income and earning records, including but not limited to payroll stubs or wage statements, any commission statements issued by any employer, or any 1099's, issued by any person or entity for which you have performed services for the past six (6) months. Respectfully Submitted, WALZ & WALZ ith T. Walz, Esquire Supreme Court I.D. #06349 341 Market Street Newport, PA 17074 (717) 567-6993 Date: February s, 2007 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Judith T. Walz, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, Postage paid in Newport, Pennsylvania 17074, on the date set forth below: DOUGLAS G. MILLER, ESQUIRE WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PA 17013 Date: February, 2007 WALZ & WALZ dith T. Walz, Esquire Supreme Court I.D. No. 06349 341 Market Street Newport, PA 17074 (717) 567-6993 C? C=> O r -n 41 -G co LIAR 61 TONYA L. HIPPENSTEEL, V. Plaintiff RICKEY E. HIPPENSTEEL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION - LAW NO. 04-6507 IN DIVORCE ORDER AND NOW, this 5-a day of 2007, y? is hereby appointed Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. ZOUYy-, By the G J. MOVING PART`' Tonya L. Hippensteel Judith T. Walz, Esquire 341 Market Street Newport, PA 17074 (717) 567-6993 NON-MOVING PARTY 7 Rickey E. Hippensteel, Jr. •?"4?" Douglas G. Miller, Esquire Irwin & McKnight W. Pomfret Prof. Bldg 60 W. Pomfret Street Carlisle, PA 17013 (717) 249-2353 Cdr Ti'"ii , X507 AiR -5 Ala l 10: a z Cl k' w, 1 a. LIAR O 1 2007?M' Y TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2004-6507 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT A N D NOW, this d a y of _.2ir? I , 2007, upon consideration of the within Petition for Special Relief , it is hereby ordered and decreed that a hearing shall be scheduled for the /f? day of 200 7 at M. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. ?c: Judith T. Walz, Attorney for Tonya L. Hippensteel ouglas G. Miller, Attorney for Rickey E. Hippensteel, Jr. Court Administrator File -? \ J BY THE COURT: it ='`?r" to 7 6 HV 171 OW LCOZ A :3'Hi :110 ?? f? r TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2004 - 6507 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW this 11`" day of May, 2007, comes the Defendant, RICKEY E. HIPPENSTEEL, JR., by and through his attorneys, Irwin & McKnight, and respectfully files this Answer to the Plaintiff's Petition for Special Relief, and in support thereof avers as follows: 1. The averments of fact contained in paragraph one (1) of the Petition are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments of fact contained in paragraph four (4) are denied as stated. It is admitted that the parties signed a mortgage and note upon the purchase of the marital residence. The remaining averments of paragraph four (4), including any inference that there is not a grace period for payment of the monthly mortgage obligation, is specifically denied and strict proof is demanded at hearing. 5. The filed Complaint in Divorce referenced by Plaintiff in paragraph five (5) speaks for itself and therefore no response is required. 6. The averments contained in paragraph six (6) are admitted. 7. The averments of fact contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, all of the averments are specifically denied and strict proof thereof is demanded at hearing. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) so they are therefore specifically denied and strict proof thereof is demanded at hearing. By way of further answer, while Defendant has struggled to pay both child support to Plaintiff and the household bills, Defendant is current on the monthly mortgage obligations, and the marital residence has never been in danger of foreclosure. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph nine (9) and all of its subparagraphs so they are therefore specifically denied and strict proof thereof is demanded at hearing. By way of further answer, Defendant is permitted a grace period on the payment of the monthly mortgage obligations, and while he has struggled to pay both child support to Plaintiff and the household bills, Defendant is current on the monthly mortgage obligations. 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph ten (10) so they are therefore specifically denied and strict proof thereof is demanded at hearing. By way of further answer, while Defendant has struggled to pay both child support to Plaintiff and the household bills, Defendant is current on the monthly mortgage obligations, and the marital residence has never been in danger of foreclosure. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eleven (11) so they are therefore specifically denied and strict proof thereof is demanded at hearing. 12. The averments of fact contained in paragraph twelve (12) are conclusions of law to which no response is required. To the extent that a response is required, all of the averments are specifically denied and strict proof thereof is demanded at hearing. 13. The averments contained in paragraph thirteen (13) are specifically denied and strict proof thereof is demanded. 2 14. The averments of fact contained in paragraph fourteen (14) are conclusions of law to which no response is required. To the extent that a response is required, all of the averments are specifically denied and strict proof thereof is demanded at hearing. By way of further answer, while Defendant has struggled to pay both child support to Plaintiff and the household bills, Defendant is current on the monthly mortgage obligations, and the marital residence has never been in danger of foreclosure. 15. The averments contained in paragraph fifteen (15) are conclusions of law to which no response is required. To the extent that a response is required, all of the averments are specifically denied and strict proof thereof is demanded at hearing. WHEREFORE, Defendant, Rickey L. Hippensteel, Jr., respectfully requests this Honorable Court to enter a judgment in his favor and against Petitioner/Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully submitted, IRWIN & McKNIGHT By: ` Dou G 11er, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Rickey L. Hippensteel, Jr. Date: May 11, 2007 3 . . , , VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. l° RIC E. HIP STEEL, JR. Date: MAY 10, 2007 . % CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Petition for Special Relief was served upon the following by facsimile and by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: JUDITH WALZ, ESQUIRE WALZ & WALZ 341 MARKET STREET NEWPORT, PA 17074 (Attorney for Plaintiff) IRWIN & McKNIGHT Ail. Douglas . Miller, Esquire Supreme gourt I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant Date: May 11, 2007 c? ? o l TONYA L. HIPPENSTEEL,JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW RICKY E. HIPPENSTEEL, JR. NO. 2004-6507 CIVIL TERM Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 14th day of May, 2007, the defendant is ordered and directed to make his best efforts of timely payment on the mortgage on the marital residence. In the event that he is in default for a period of thirty days or more, the court will entertain a proposed order for the listing and sale and escrow of the proceeds of the sale of the marital residence. By the Court, dith Shaubut For the '/o u g 1 a s For the :bg I. Walz, Esquire C. Walz, III, Esquire Plaintiff Miller, Esquire' Defendant t V ? ? 1U LOLL TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : NO. 2004-6507 - CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR RULE TO SHOW CAUSE WHY THE MARITAL PROPERTY SHOULD NOT BE LISTED FOR SALE AND THE PROCEEDS ESCROWED TO THE HONORABLE JUDGE KEVIN A. HESS: NOW COMES Tonya L. Hippensteel, Plaintiff in Divorce, by her attorneys, Walz & Walz, Attorneys at Law, P. C., and respectfully represents as follows: 1. Petitioner is Tonya L. Hippensteel, who currently resides at 217 Pike Road, Landisburg, Pennsylvania, 17040, Perry County, where she has resided since August of 2004. 2. Respondant is Rickey E. Hippensteel, Jr., who resides at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania, which was the marital home of the parties. 3. On or about September 29, 2005, after hearing, your Honorable Court enjoined Petitioner, Tonya L. Hippensteel, from entering upon the marital residence except for the purposes having to do with child custody. Attached hereto and made a part hereof is the Court Order dated September 29, 2005, marked Exhibit A. 4. Having exclusive possession of the marital real estate, Rickey Hippensteel began paying the mortgage encumbering the marital real estate held by Pennsylvania Housing Finance Agency and in the joint names of the Plaintiff and Defendant. 5. Gradually, Rickey Hippensteel became consistently delinquent in the payment of the mortgage until he was more than thirty days to sixty days late, affecting both his credit and Tonya's credit rating. 6. On or about February 28, 2007, the said Tonya L. Hippensteel filed a Petition for Special Relief seeking the assistance of your Honorable Court in ordering that Rickey Hippensteel, Jr., pay the delinquent balance due on the mortgage and/or require that the property be placed on the market for sale. 7. After hearing on the Petition, your Honorable Court entered a Court Order, a copy of which is attached hereto and made a part hereof, marked Exhibit B, dated May 14, 2007, in which the defendant was directed to make his best efforts of timely payment on the mortgage on the marital residence and " ....In the event that he is in default for a period of thirty days or more, the court will entertain a proposed order for the listing and sale and escrow of the proceeds of the sale of the marital residence." At that hearing the mortgage was delinquent as of May 1, 2007. 8. On or about June 41 2007 Petitioner received a letter from Pennsylvania Housing Finance Agency whom currently holds the Plaintiff and Defendant's Mortgage. The letter stated that the mortgage loan is currently 30 days past due for the May 1, 2007 payment. A copy of said letter is attached hereto, made apart hereof and marked Exhibit "C". 9. At this point in time, not only is the May 1, 2007 mortgage payment delinquent by more than thirty (30) days, but also, the June 1, 2007 mortgage payment is delinquent by eleven days. 10. As stated in the prior Petition for Special Relief filed by Tonya Hippensteel, the failure on the part of Rickey E. Hippensteel, Jr. to pay the mortgage when due has a number of consequences for the parties: a. The delinquencies, particularly the thirty to sixty day delinquencies, in the payment of the mortgage, has affected the credit rating of both parties, which is unfair to Tonya Hippensteel. b. The poor credit rating which Rickey E. Hippensteel, Jr. has maintained over the period of separation has resulted in the apparent inability of Rickey E. Hippensteel, Jr. to qualify for refinancing of the mortgage for the purpose of buying out the marital home in which he has resided for the period of separation. c. The right of exclusive possession of the jointly owned marital real estate of the parties has denied Tonya Hippensteel of the right of receipt of rent for her half of the marital real estate which would have given Tonya money to make payment on the mortgage. WHEREFORE Petitioner prays your Honorable Court for a Rule to Show Cause upon Rickey Hippensteel why the Court should not immediately order that the marital home at 447 Steelstown Road, Newville, Pennsylvania be listed for sale with a licensed realtor, that both parties fully cooperate with the realtor or their choice in order to facilitate the sale, and that the proceeds of the sale of the marital real estate be held in escrow until the Divorce Master can equitably divide the same. Respectfully submitted, Date: J ith T. Walz Supreme Court I.D. No. 06349 Walz & Walz, Attorneys at Law, P.C. 341 Market Street Newport, PA 17074 (717) 567-6993 VERIFICATION I, TONYA L. HIPPENSTEEL, Plaintiff/Petitioner, verify that the statements made in this Petition 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 7r -L 12c TONYA E. HIPPENST EL • .1.F1/L1'1/?F10.Fi 16:74 7172495755 QBS PAGE 01 TONYA L. HJ.PPENSTEEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CV"ERLAND COUNTY, PBNN'sYr_VANLk VS. CIVIL ACON - LAW RICKY E. HIPPENSTEEL, JR., 04-6507 CML Defendant IN RE: PETITION FOR PI?CIAL ML]Tli ORDER AND NOW, this 19 } day of September, 2005, after hearing, it is ordered and directed that: 1. The plaintiff, Tonya L. ,I-Tippensteei, is enjoined from rewoviug any items of property from the residence of the defendant, Rickey E. Hippensteel, Jr., and from eixtenng upon'the same except for purposes having to do with child custody. 2. The plaintiff is directed to return to the defendant the dog known as Tucker. 3. The defendant is ordered and directed to rewm to the pWndff her personal jewelry and any items of hear clothing in his possession. BY THE COURT, Aaron Jones, Esquire For the Plaintiff Douglas G. Miller, Esquire For the Defendant Am TRU9 PY FROM RECORD m Tom.=s ,?y W t f, i two oft set my hMJ 1d ow sW of Swe ? at Carnsw Qa, 'n_ LI'd IiE6-68L-LIL eit,:ii 9o 9o o9a TONYA L. HIPPENSTEEL,JR., Plaintiff V RICKY E. HIPPENSTEEL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-6507 CIVIL TERM IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 14th day of May, 2007, the defendant is ordered and directed to make his best efforts of timely payment on the mortgage on the marital residence. In the event that he is in default for a period of thirty days or more, the court will entertain a proposed order for the listing and sale and escrow of the proceeds of the sale of the marital residence. By the Court, Judith T. Walz, Esquire Shaubut C. Walz, III, Esquire For the Plaintiff Douglas Miller, Esquire For the Defendant :bg JUN-05-2007 12:43 PHFACOLL '1'77803804 P.01/02 PENNSYLVANIA MOUSING FINANCE AGENCY Accounting and Loan Servicing Division 211 North Front Street F.O. Box 15057, Harrisburg, PA 17105-5057 (717) 780-3870 / (717) 780-1869 TDD # For The Hearing Impaired Fax# (717) 7806,3804 To.. 1 Comp. DATE: #OFPFAX#: PHON FROM FAX COVER SHEET Message or Comments: JUN-05-2007 12:43 PHFACOLL 7177003804 P.02/02 PENNSYLVANIA HOUSING FINANCE AGENCY Accounting and Loan Servicing Division 211 North Front Street P.O. Box 15057 Harrisburg, PA 17101 717-780-3870 / TDD 717-780-1869 1.800-922.7375 June 4, 2007 Re: Loan 41167295, Hippensteel To Whom It May Concern: This letter is to inform you that your mortgage is currently due for the May 1, 2007 payment. The account has been reported as a 30 day delinquency for the May 1" mortgage payment. If you should have any questions, please feel free to contact us at the number listed above. Sincerely, Brittany Bassett Servicing Assistant I TOTAL P.02 ?? --;?, 1 4 ?" .. ,`. ?? j':. w G?? e TONYA L. HIPPENSTEEL Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION- LAW No. 04-6507 IN DIVORCE INVENTORY OF TONYA L. HIPPENSTEEL Plaintiff, Tonya L. Hippensteel, 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 proceeding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: ,? - 5Y1 7 J TONYVL. IPPE EEL Plaintiff, Tonya L. Hippensteel, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages: ( ) 1. Real property () 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates (X) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities (X) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside of home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker'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 ( ) 22. MilitaryN.A. claims ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets in dispute) ( ) 26. Other (Direct Reinvestment) ( ) 27. loans, Credit Cards and other Debts MARITAL PROPERTY Plaintiff, Tonya L. HIppensteel , 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: ITEM DESCRIPTION OF PROPERY VALUE MORTGAGE OWNER OF RECORD 1. House at $157,700.00 Bal. as of 4/30/07 $115,938.45 Rickey and Tonya Hippensteel 447 Steelstown Road, Newville, PA COMMENTS Tonya and Ricky borrowed $5,000.00 as down payment for this property. Tonya paid the verbal loan in full, after separation. See Marital Debts below. Although Ricky paid the marital mortgage during most of the separation he also had exclusive possession of the marital real estate denying Tonya the right to receive rental income to produce the funds to pay for her one half of the marital mortgage. The last payment Ricky made on the mortgage was May, 2007, however. 2. Rickey's retirements (To date, Ricky has failed to supply discovery information as requested months ago.) a. Shetron Welding and Fabrication Inc. Pension Plan, estimated $23,454.99. b. Another Retirement - value not discussed by Ricky. Tonya's retirement: a. Raymond James Financial Services - value in 2006 $1,021.06 3. Children's Savings Bonds COMMENTS: In the name of Olivia and Levi with Tonya as Trustee Purchased by Tonya's mother for birthdays, etc. - 10 bonds @ $50.00 each. They mature in 7 years with some values higher than $50.00 PROPOSAL BY WIFE: Return bonds to wife to hold for the children. 4. 1996 Ford F-150 COMMENTS: Ricky's truck was pre-marital. She signed off the title. He no longer has the truck. 5. 1998 Chevy Malibu $1200.00 In Tonya's name alone COMMENTS: Tonya's marital vehicle. Has 107,000 miles. There was a loan on it with First Commonwealth Bank, when she left. The loan balance is guessed at $3,500.00 (Tonya just paid off couple months ago.) 6. Personal Property: Items in possession of Ricky Hippensteel 1. Olivia's dresser 2. Levi's dresser 3. Olivia's TVNCR 4. Olivia's toy box 5. '/z Levi's bunk bed 6. Olivia's Bed Total $250.00 7. Kitchen Curtains 8. Both sets of bathroom curtains 9. Olivia's bedroom curtains 10. Spare bedroom curtains 11. Patio door curtains 12. New Living room curtains 13. New master bedroom curtains 14. All of the bath towels and wash cloths 15. Dish towels and cloths Total $200.00 16. DVD Player 17. Living room rocking chair 18. Couch in the basement 19. Love seat in the basement Total $100.00 20. Rubbermaid and plastic wear dishes 21. Toaster 22. Stove 23. Oven 24. Upstairs refrigerator 25. Basement refrigerator 26. Dishwasher Total $1,500.00 27. Dry Sink $50.00 28. Approximately 95% of Olivia and Levi's toys 29. Olivia and Levi's yard playhouse 30. Olivia and Levi's book collection 31. Olivia and Levi's swing set Total $1,000.00 32. Phone 33. Lawn shed 34. Lawn tools 35. Phone 36. Lawn shed 37. Lawn tools 38. Lawn Tractor Total $750.00 39. Push Mower 40. Rickey's gun cabinet 41. Rickey's gun collection 42. Rickey's miscellaneous hunting items Total $7,500.00 43. Rickey's personal clothing $250.00 44. Rickey's jewelry $250.00 45. Rickey's truck and truck payments 46. Rickey's race car, engine(s), parts, tires etc. - $5,000.00 47. Rickey's mechanics tools $500.00 48. Rickey's race car trailer $1,000.00 49. Miscellaneous house items $250.00 50. Levi's pedal tractor $175.00 51. Levi's new bicycle that Tonya's grandmother purchased for him 52. Tonya's personal jewelry 53. Tonya's personal clothes and items Items in the Possession of Tonya Hippensteel 54. Tonya's 36" television/stand that Tonya has made all payments on and Tonya is still making all payments on. Worth $650.00, loan which Tonya pd. =$400.00 55. Tonya's personal clothing 56. Tonya's jewelry box and jewelry Vacuum 57. Photo albums and pictures 58. Bunny collection 59. Calendar and calendar holder 60. Longaberger basket 61. Levi's toy box that Tonya's mother made for him 62. Olivia and Levi's rocking chairs that Tonya's mother purchased for them for their first Christmas $250.00 63. Approximately 5% of Olivia and Levi's toys that are Tonya's possession 64. Living Room curtains Tonya purchased 65. Master bedroom curtains Tonya purchased $50.00 COMMENTS: Each would like a few items from his/her personal property currently in his/her possession. The values of the items of personal property should be offset as Ricky Hippensteel has possession of the lion's share of the personal property. NON-MARITAL PROPERTY Plaintiff, Tonya L. Hippensteel, lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: REASON FOR ITEM NUMBER DESCRIPTION OF PROPERTY EXCLUSION Children's Birth Certificates and Children's Baby Books COMMENTS: Tonya would like these returned to her. 2. Personal Property Items in the possession of Rickey Hippensteel 1. The living room suite that Tonya's mother purchased for her $250.00 2. Washer and Dryer that Tonya's mother purchased for her $150.00 3. Microwave oven that Tonya's mother purchased for her $50.00 4. Living room VCR that Ricky's mother purchased 5. Sheets for Tonya's bed that Tonya purchased 6. Tonya's kitchen griddle that Tonya's mother purchased for her 7. Tonya's crock-pot that Tonya's mother purchased for her 8. Tonya's 19" television that was Tonya before marriage $50.00 9. Mixing bowls that Tonya purchased before marriage 10. Tonya's computer software that Tonya purchased 11. Tonya's computer that Tonya brought home from work 12. Tonya's queen size mattress that Tonya purchased before marriage 13. Tonya's Pots and pans that Tonya purchased before marriage 14. Tonya's Dishes that Tonya purchased before marriage including plates, bowls and glasses 15. Tonya's Designer china that Tonya purchased 16. Tonya's Silverware that Tonya purchased before marriage 17. Tonya's Deep fryer that Tonya's uncle gave to her Items in the possession of Tonya Hippensteel 18. Tonya's Master bedroom suite that Tonya purchased before marriage 19. Tonya's cedar chest, which Tonya had before marriage (with Tonya's personal belongings inside) 20. Tonya's dining room table and chairs given to Tonya from Tonya's grandmother. $250.00 21. Tonya's Canister set that Tonya's mother purchased for her 22. Tonya's home interior wall hangings that Tonya purchased before marriage 23. Tonya's wall clock that Tonya's mother purchased for her PROPERTY TRANSFER DESCRIPTION OF DATE OF PERSON TO WHOM ITEM NUMBER PROPERTY TRANSFER CONSIDERATION TRANSFERRED 1. NONE KNOWN 2. 3. 4. 5. LIABILITIES DESCRIPTION OF NAMES OF NAMES OF ITEM NUMBER PROPERTY ALL CREDITORS ALL DEBTORS 1. Mortgage PA Housing Financing Agency Tonya & Ricky Hippensteel (Real Estate Taxes and Insurance are Escrowed Into Mortgage) 2. Car Loan on Tonya's car First Community Bank. $3,500.00 COMMENTS: When Tonya left all household bills were paid and up to date. cz> 72 y TONYA L. HIPPENSTEEL, : IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY PENNSYLVANIA, V. CIVIL ACTION - LAW RICKEY E. HIPPENSTEEL, JR., NO. 04-6507 CIVIL DEFENDANT : IN DIVORCE INCOME AND EXPENSE STATEMENT OF TONYA L. HIPPENSTEEL INCOME: $424.44 Weekly $22,070.86 per year EMPLOYER: Eastern Business Network ADDRESS: 217 Pike Road, Landisburg, PA 17040 TYPE OF WORK: Secretary PAYROLL NUMBER: PAY PERIOD: Weekly GROSS PAY PER PAY PERIOD: $540.00 ITEMIZED PAYROLL DEDUCTIONS: Federal Withholding $48.00 Social Security Tax $33.48 Local Wage Tax $9.18 State Income Tax $16.58 Retirement $0.00 Savings Bond $0.00 Credit Union $0.00 Life Insurance $0.00 Health Insurance $0.00 Other (specify) Union dues $0.00 Taxed deferred $0.00 EMS Occupational 1 time per year $10.00 EE Medicare Tax $7.83 PUC Withholding compensation Unemployment $0.49 Net Pay per Pay period $424.44 OTHER INCOME: Week Month Year (Fill in appropriate column) Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workman's Comp. Unreported Inc./Tips Total $0.00 TOTAL INCOME (NET/monthly) $1,839.24 . EXPENSES Weekl Monthl Yearly Home Mortgage/Rent None Maintenance None Utilities CATV, INET None Electric None Gas None Oil None Telephone None Water None Sewer & Trash None Employment Public Transportation None Lunch None Taxes Real Estate None Personal Property None Income School Occupational Insurance Homeowners None Automobile Life None Health $250.00 per month Other None Automobile Payments Parking garage None Fuel $250.00 per month Repairs $75.00 Per month Medical Doctor $100.00 per year Dentist $200.00 per year Orthodontist None Hospital None Medicine $50.00 per month Special needs None (glasses, contacts $300.00 per year etc.) Education Private school Lunches $30.00 per month Parochial school None College None Religious None Personal Clothing $100.00 per month Food $500.00 per month Barber/hairdresser $50.00 per month Credit payments $100.00 per month Necessities $100.00 per month Loans Credit Union None Other None Miscellaneous Household help None Child Care None Papers/books/mag None Mutual Funds None Entertainment None Pay TV None Vacations $2500.00 per year Gifts $100.00 per year Legal fees $ Charitable contributions $2500.00 Other child support Alimony payments None Total Expenses $1,505.00 per month $10,700.00 per year r ?? v o :< X115 ?OOi?,?`? TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JIL, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLVANIA :NO. 2004-6507 :CIVIL ACTION - LAW :IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 1z' day of, Qtfi 2007, upon consideration of the within Petition for Rule to Show Cause Why The Marital Property Should Not be Listed for Sale and the Proceeds Escrowed. Rule is returnable Zn od41 r aq r. g-"",14- - s Rule_shall bec --sE)ItAeenJWy!0,2007,mtddiriiimtMIpropenyown-edju d above e, ennsy vama shall e nnme i ely listed e even e u e is answered by July 9, 2007, and a h ing shaft be set fa, e day of o room Number , .22007 at erty Should not A4,I c.rv' S ? C n? ?Gr? R y?a .t- . or+^o?-? ?p,? L.t Fi c f . BY THE COURT, `rs ti t w 4 V :01 W"Y 21 li f LOOZ 3Hi do TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2004 - 6507 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER TO PETITION FOR RULE TO SHOW CAUSE WHY MARITAL PROPERTY SHOULD NOT BE LISTED FOR SALE AND PROCEEDS ESCROWED AND NOW this I" day of August, 2007, comes the Defendant, RICKEY E. HIPPENSTEEL, JR., by and through his attorneys, Irwin & McKnight, and respectfully files this Answer to the Plaintiff's Petition for Rule to Show Cause, and in support thereof avers as follows: 1. The averments of fact contained in paragraph one (1) of the Petition are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments of fact contained in paragraph four (4) are denied as stated. Defendant Rickey E. Hippensteel, Jr. was alone paying the mortgage payments on the marital residence for almost one (1) year prior to the Order of Court in 2005 granting him exclusive possession of the marital residence. The remaining averments of paragraph four (4), including any inference that Plaintiff contributed to the mortgage payments after she chose to move from the marital residence, is specifically denied and strict proof is demanded at hearing. 5. The averments of fact contained in paragraph five (5) are denied as stated. It is admitted that Defendant has made payments on the mortgage that have been late, but Defendant has always paid any additional late charge and the marital residence has never been in danger of foreclosure. The remaining averments of paragraph five (5) are conclusions of law to which no response is required. 6. The averments contained in paragraph six (6) are admitted. 7. The Order of Court referenced in paragraph seven (7) speaks for itself and therefore no response is required. To the extent that a response is required, the Order references default for a period of thirty days or more, and Defendant has not been in default on any payment in excess of thirty days, therefore the averments are specifically denied and strict proof thereof is demanded at hearing. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) so they are therefore specifically denied and strict proof thereof is demanded at hearing. By way of further answer, Defendant never received a direct copy of such a letter from the Pennsylvania Housing Finance Agency. Upon information and belief, Plaintiff directly contacted an agent of the Pennsylvania Housing Finance Agency and requested that a letter be worded as the one attached as Exhibit "C" and that it be sent to Plaintiff. Defendant is current on the monthly mortgage obligations, has not been more than thirty days in default, and the marital residence has never been in danger of foreclosure. 9. The averments of fact contained in paragraph nine (9) are conclusions of law to which no response is required. To the extent that a response is required, all of the averments are specifically denied and strict proof thereof is demanded at hearing. By way of further answer, Defendant is permitted a grace period on the payment of the monthly mortgage obligations of at least fifteen (15) days. Defendant has paid all monthly mortgage payments, including any and all late fees assessed, within thirty (30) days of the end of said grace period. Defendant is current on the monthly mortgage obligations, has not been more than thirty days in default, and the marital residence has never been in danger of foreclosure. 10. The averments of fact contained in paragraph ten (10) are conclusions of law to which no response is required. To the extent that a response is required, all of the averments are specifically denied and strict proof thereof is demanded at hearing. 2 WHEREFORE, Defendant, Rickey L. Hippensteel, Jr., respectfully requests this Honorable Court to enter a judgment in his favor and against Petitioner/Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully submitted, IRWIN & McKNIGHT r- By: Douglas 41. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Rickey L. Hippensteel, Jr. Date: August 1, 2007 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. RICK"i E. HIENSTEEL, A. Date: 7/26/07 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: JUDITH T. WALZ, ESQUIRE WALZ & WALZ 341 MARKET STREET NEWPORT, PA 17074 (Attorney for Plaintiff) IRWIN & McKNIGHT Douglas Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant Date: August 1, 2007 cl rr?,ra: G7' ?Q AUG O f 1007 TONYA L. HIPPENSTEEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2004 - 6507 CIVIL TERM RICKEY E. HIPPENSTEEL, JR., : CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 2'j day of A-- jw , 2007, upon consideration of the Plaintiffs Petition for Rule to Show Cause, and the Defendant's attached Answer thereto, it is Ordered that the Plaintiff's Petition for Rule to Show Cause is DENIED, but that Defendant must continue to pay the monthly mortgage obligations, and any late fees that may accrue, on or before the fifteenth day of the month following that when the payments are due.. !.n/'[ice W) "'7 OY P 17 N? ZC. ? ,T^?+ I h'??! '% ®.,./ ?e ti?cca ?t? fo 6c hca/d -?" /l ° BY THE COURT, k-lv? -z7'tm T yt( 4 ?- -? ,pj ?\y to n V N', r? a?rrN d -6 WV ?- ON t00Z ,+ ijVj()HL' Qd3`li HI ?O L, 0 /,r Id t TONYA L. HIPPENSTEEL, PLAINTIFF V. RICKEY E. HIPPENSTEEL, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION -LAW NO. 04-6507 IN DIVORCE PRE-TRIAL STATEMENT NOW COMES Tonya L. Hippensteel, by her attorneys, Walz & Walz, Attorneys at Law, P. C., and files the following Pre-Trial Statement: (1) List of Assets. Defendant has heretofore filed her Inventory, a copy of which is attached hereto which lists the assets of the parties, the present possessor of the assets and values as known to the Defendant. (2) Expert Witnesses: Possibly the testimony of John Leidy from Central Penn Real Estate to testify to the basis of the real estate appraisal (3) Other witnesses: (a) Tonya L. Hippensteel, Plaintiff Tonya shall testify about the circumstances which led to the separation, the values of property, her income and expenses, her claim of certain household assets; and to all factors including financial matters. (b) Tonya's mother may also testify concerning the bonds of the children and the loan for $5,000.00. (4) List of Exhibits, not necessarily in order of presentation at Master's Hearing: - Inventory (previously filed) - Income and Expense Statement of Tonya L. Hippensteel (previously filed) - Real Estate Appraisal Statement from Mortgagee as to the balance on the marital mortgage Email from accountant for Shetron Welding and Fabrication Inc. Pension Fund, Ricky Hippensteel's Retirement, indicating the balance of Ricky's Retirement - Statement from Raymond James Financial Services, Tonya Hippensteel's retirement (5) Items in dispute of tangible personal property consist of: - Savings bonds of the children in the names of Olivia and Levi with Tonya as Trustee. The Savings Bonds were purchased by Tonya's mother for the children. There are a total of 10 bonds and Tonya would like to have them all given to her so that she may hold them for the children. - The children's Birth Certificates and Baby Books. Tonya created the baby books for the children and she would like them returned to her along with the children's Birth Certificates. - The following is a list of items of non-marital property that are in Ricky's possession that Tonya could claim should be returned to her; living room suite, washer and dryer, microwave oven, living room VCR, sheets for Tonya's bed, Tonya's kitchen griddle, Tonya's crock-pot, Tonya's 19" television, mixing bowls, Tonya's computer software, Tonya's computer, Tonya's queen size mattress, Tonya's pots and pans, Tonya's dishes, Tonya's designer china, Tonya's silverware and Tonya's deep fryer. Mrs. Hippensteel seeks to retain the non-marital items in her possession; Tonya's master bedroom suite, Tonya's cedar chest, Tonya's dining room table and chairs, Tonya's canister set, Tonya's home interior wall hangings and Tonya's wall clock. (6) Marital debts include: The Marital Home at 447, Steelstown Road, Newville, PA. The balance of the mortgage is $115,938.45. Mrs. Hippensteel would like to have the marital home sold, believing that Mr. Hippensteel would be unable to refinance the mortgage because he has ruined his credit by being late on so many of the mortgage payments. When the house is sold, the mortgage will be paid, resulting in a profit to be divided. Because Ricky Hippensteel has been paying the mortgage while he has had exclusive possession of the marital real estate, Tonya will waive her right to claim loss of use in the form of rent as he has lost of reimbursement of Tonya's one half of the mortgage payments. There will be no issue there so long as there is no claim for credit made by Ricky Hippensteel for payment of Tonya's half of the mortgage. (7) A Proposed Resolution of the Economic Issues: a. When the couple bought their home they borrowed $5,000.00 as down payment for this property from Tonya's mother with the promise of repayment of the loan. Tonya repaid the verbal loan in full, after separation. She desires to be reimbursed for 50% of the repayment be made in the calculation of equitable distribution. b. Mr. Hippensteel stayed in the Marital Home and received exclusive possession through court order. Mr. Hippensteel has been paying the mortgage on the marital property were he resides since he has received exclusive possession. The mortgage payments are due on the 1St of each month. Per documents and letters sent to Tonya, Mr. Hippensteel has been late on at least the last six months of payments. This failure on Mr. Hippensteel to make timely payment on the mortgage has resulted in his credit becoming so poor that Tonya Hippensteel believes that Ricky Hippensteel can not refinance the property. Accordingly, Mrs. Hippensteel seeks to have the real estate sold in order to have the jointly owed mortgage and note obligation paid in full as it will be Ricky Hippensteel's purpose to continue to ruin his own credit as well as Tonya's. c. Tonya Hippensteel suggests that there should be a 50% - 50% split of the marital assets as follow: (1) The Pension with Shetron Welding and Fabrication Inc. worth $23,454.99. (2) Mrs. Hippensteel's retirement with Raymond James Financial Services worth $1,021.06 (3) The value of the personal property retained by each party is not equal. The difference should be calculated and divided equally. (4) The proceeds from the sale of the real estate divided equally. d. As to the vehicles, Tonya suggests that there are no issues. In support of Tonya's position, she points out that the 1996 Ford F150 that Ricky used was marital and the couple used marital income to pay the loan against it. After separation Tonya signed off of the title and Ricky traded it in for another vehicle. The 1998 Chevrelet Malibu is in Tonya's name alone. The vehicle had 107,000 miles on it when the couple separated There was a loan that Tonya has just recently paid off that was worth more than the value of the vehicle. We will concede, each to keep his/her own vehicle with no division of value. e. Personal Property: Each can keep the personal property in his/her possession however, as indicated above, except for the bonds that belong to the children, and the birth certificates and baby books that Tonya created which Tonya would like returned to her, Mrs. Hippensteel seeks an offset of the difference in value of the personal property each has retained. 9. Tonya also seeks a divorce. Date: ? 10 0 7. -9/ Respectfully submitted, Walz & Walz, Attorneys at Law, P.C. With T. Walz, Esquire D. # 06349 341 Market Street Newport, PA 17074 (717) 567-6993 VERIFICATION OF PRE-TRIAL STATEMENT I, TONYA L. HIPPENSTEEL, verify that the statements made in the foregoing Pre-Trial Statement are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: l 0 /,,2 . O 7 -,? // 1?a?t4 TONY L. fft PEN EL TONYA L. HIPPENSTEEL Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, ., : CIVIL ACTION- LAW : No. 04-6507 : IN DIVORCE INVENTORY OF TONYA L. HIPPENSTEEL n , r- ._ CD Plaintiff, Tonya L. Hippensteel, 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 proceeding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: -7 - 5YJ I kmJ JA d I I I 'ext TONY IPPE EL Plaintiff, Tonya L. Hippensteel, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages: ( ) 1. Real property ( ) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates (X) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities (X) 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside of home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker'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 ( ) 22. MilitaryN.A. claims ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets in dispute) ( ) 26. Other (Direct Reinvestment) ( ) 27. loans, Credit Cards and other Debts MARITAL PROPERTY Plaintiff, Tonya L. HIppensteel , 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: ITEM DESCRIPTION OF PROPERY VALUE MORTGAGE OWNER OF RECORD 1. House at $157,700.00 Bal. as of 4/30/07 $115,938.45 Rickey and Tonya Hippensteel 447 Steelstown Road, Newville, PA COMMENTS Tonya and Ricky borrowed $5,000.00 as down payment for this property. Tonya paid the verbal loan in full, after separation. See Marital Debts below. Although Ricky paid the marital mortgage during most of the separation he also had exclusive possession of the marital real estate denying Tonya the right to receive rental income to produce the funds to pay for her one half of the marital mortgage. The last payment Ricky made on the mortgage was May, 2007, however. 2. Rickey's retirements (To date, Ricky has failed to supply discovery information as requested months ago.) a. Shetron Welding and Fabrication Inc. Pension Plan, estimated $23,454.99. b. Another Retirement - value not discussed by Ricky. Tonya's retirement: a. Raymond James Financial Services - value in 2006 $1,021.06 3. Children's Savings Bonds COMMENTS: In the name of Olivia and Levi with Tonya as Trustee Purchased by Tonya's mother for birthdays, etc. - 10 bonds @ $50.00 each. They mature in 7 years with some values higher than $50.00 PROPOSAL BY WIFE: Return bonds to wife to hold for the children. 4. 1996 Ford F-150 COMMENTS: Ricky's truck was pre-marital. She signed off the title. He no longer has the truck. 5. 1998 Chevy Malibu $1200.00 In Tonya's name alone COMMENTS: Tonya's marital vehicle. Has 107,000 miles. There was a loan on it with First Commonwealth Bank, when she left. The loan balance is guessed at $3,500.00 (Tonya just paid off couple months ago.) 6. Personal Property: Items in possession of Ricky Hippensteel 1. Olivia's dresser 2. Levi's dresser 3. Olivia's TV/VCR 4. Olivia's toy box 5. %2 Levi's bunk bed 6. Olivia's Bed Total $250.00 7. Kitchen Curtains 8. Both sets of bathroom curtains 9. Olivia's bedroom curtains 10. Spare bedroom curtains 11. Patio door curtains 12. New Living room curtains 13. New master bedroom curtains 14. All of the bath towels and wash cloths 15. Dish towels and cloths Total $200.00 16. DVD Player 17. Living room rocking chair 18. Couch in the basement 19. Love seat in the basement Total $100.00 20. Rubbermaid and plastic wear dishes 21. Toaster 22. Stove 23. Oven 24. Upstairs refrigerator 25. Basement refrigerator 26. Dishwasher Total $1,500.00 27. Dry Sink $50.00 28. Approximately 95% of Olivia and Levi's toys 29. Olivia and Levi's yard playhouse 30. Olivia and Levi's book collection 31. Olivia and Levi's swing set Total $1,000.00 32. Phone 33. Lawn shed 34. Lawn tools 35. Phone 36. Lawn shed 37. Lawn tools 38. Lawn Tractor Total $750.00 39. Push Mower 40. Rickey's gun cabinet 41. Rickey's gun collection 42. Rickey's miscellaneous hunting items Total $7,500.00 43. Rickey's personal clothing $250.00 44. Rickey's jewelry $250.00 45. Rickey's truck and truck payments 46. Rickey's race car, engine(s), parts, tires etc. - $5,000.00 47. Rickey's mechanics tools $500.00 48. Rickey's race car trailer $1,000.00 49. Miscellaneous house items $250.00 50. Levi's pedal tractor $175.00 51. Levi's new bicycle that Tonya's grandmother purchased for him 52. Tonya's personal jewelry 53. Tonya's personal clothes and items Items in the Possession of Tonya Hippensteel 54. Tonya's 36" television/stand that Tonya has made all payments on and Tonya is still making all payments on. Worth $650.00, loan which Tonya pd. =$400.00 55. Tonya's personal clothing 56. Tonya's jewelry box and jewelry Vacuum 57. Photo albums and pictures 58. Bunny collection 59. Calendar and calendar holder 60. Longaberger basket 61. Levi's toy box that Tonya's mother made for him 62. Olivia and Levi's rocking chairs that Tonya's mother purchased for them for their first Christmas $250.00 63. Approximately 5% of Olivia and Levi's toys that are Tonya's possession 64. Living Room curtains Tonya purchased 65. Master bedroom curtains Tonya purchased $50.00 COMMENTS: Each would like a few items from his/her personal property currently in his/her possession. The values of the items of personal property should be offset as Ricky Hippensteel has possession of the lion's share of the personal property. NON-MARITAL PROPERTY Plaintiff, Tonya L. Hippensteel, lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: REASON FOR ITEM NUMBER DESCRIPTION OF PROPERTY EXCLUSION Children's Birth Certificates and Children's Baby Books COMMENTS: Tonya would like these returned to her. Personal Property Items in the possession of Rickey Hippensteel 1. The living room suite that Tonya's mother purchased for her $250.00 2. Washer and Dryer that Tonya's mother purchased for her $150.00 3. Microwave oven that Tonya's mother purchased for her $50.00 4. Living room VCR that Ricky's mother purchased 5. Sheets for Tonya's bed that Tonya purchased 6. Tonya's kitchen griddle that Tonya's mother purchased for her 7. Tonya's crock-pot that Tonya's mother purchased for her 8. Tonya's 19" television that was Tonya before marriage $50.00 9. Mixing bowls that Tonya purchased before marriage 10. Tonga's computer software that Tonya purchased 11. Tonya's computer that Tonya brought home from work 12. Tonya's queen size mattress that Tonya purchased before marriage 13. Tonya's Pots and pans that Tonya purchased before marriage 14. Tonya's Dishes that Tonya purchased before marriage including plates, bowls and glasses 15. Tonya's Designer china that Tonya purchased 16. Tonya's Silverware that Tonya purchased before marriage 17. Tonya's Deep flyer that Tonya's uncle gave to her Items in the possession of Tonya Hippensteel 18. Tonya's Master bedroom suite that Tonya purchased before marriage 19. Tonya's cedar chest, which Tonya had before marriage (with Tonya's personal belongings inside) 20. Tonya's dining room table and chairs given to Tonya from Tonya's grandmother. $250.00 21. Tonya's Canister set that Tonya's mother purchased for her 22. Tonya's home interior wall hangings that Tonya purchased before marriage 23. Tonya's wall clock that Tonya's mother purchased for her PROPERTY TRANSFER ITEM NUMBER 1. NONE KNOWN 2. 3. 4. DESCRIPTION OF DATE OF PERSON TO WHOM PROPERTY TRANSFER CONSIDERATION TRANSFERRED LIABILITIES DESCRIPTION OF NAMES OF NAMES OF ITEM NUMBER PROPERTY ALL CREDITORS ALL DEBTORS 1. Mortgage PA Housing Financing Agency Tonya & Ricky Hippensteel (Real Estate Taxes and Insurance are Escrowed Into Mortgage) 2. Car Loan on Tonga's car First Community Bank. $3,500.00 COMMENTS: When Tonya left all household bills were paid and up to date. TONYA L. HIPPENSTEEL, : IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY PENNSYLVANIA, V. : CIVIL ACTION -LAW RICKEY E. HIPPENSTEEL, JR., : NO. 04-6507 CIVIL DEFENDANT : IN DIVORCE INCOME AND EXPENSE STATEMENT OF TONYA L. HIPPENSTEEL INCOME: $424.44 Weekly EMPLOYER: Eastern Business Network ADDRESS: 217 Pike Road, Landisburg, PA 17040 TYPE OF WORK: Secretary PAYROLL NUMBER: PAY PERIOD: Weekly GROSS PAY PER PAY PERIOD: $540.00 ITEMIZED PAYROLL DEDUCTIONS: Federal Withholding $48.00 Social Security Tax $33.48 Local Wage Tax $9.18 State Income Tax $16.58 Retirement $0.00 Savings Bond $0.00 Credit Union $0.00 Life Insurance $0.00 Health Insurance $0.00 Other (specify) Union dues $0.00 Taxed deferred $0.00 EMS Occupational 1 time per year EE Medicare Tax $7.83 $10.00 $22,070.86 per year c o _ C.0 < PUC Withholding compensation Unemployment $0.49 Net Pay per Pay period $424.44 OTHER INCOME: Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workman's Comp. Unreported Inc./Tips Week Month Year (Fill in appropriate column) Total $0.00 TOTAL INCOME (NET/monthly) $1,839.24 EXPENSES Weekly Monthly Yearly Home Mortgage/Rent None Maintenance None Utilities CATV, INET None Electric None Gas None Oil None Telephone None Water None Sewer & Trash None Employment Public Transportation None Lunch None Taxes Real Estate None Personal Property None Income School Occupational Insurance Homeowners None Automobile Life None Health $250.00 per month Other None Automobile Payments Parking garage None Fuel $250.00 per month Repairs $75.00 Per month Medical Doctor $100.00 per year Dentist $200.00 per year Orthodontist None Hospital None Medicine $50.00 per month Special needs None (glasses, contacts $300.00 per year etc.) Education Private school Lunches $30.00 per month Parochial school None College None Religious None Personal Clothing $100.00 per month Food $500.00 per month Barber/hairdresser $50.00 per month Credit payments $100.00 per month Necessities $100.00 per month Loans Credit Union None Other None Miscellaneous Household help None Child Care None Papers/books/mag None Mutual Funds None Entertainment None Pay TV None Vacations $2500.00 per year Gifts $100.00 per year Legal fees $ Charitable contributions $2500.00 Other child support Alimony payments None Total Expenses $1,505.00 per month $10,700.00 per year FROM John Leidy Central Penn Real Estate 5040 Spring Road Shenoans Dale, PA 17090 TWepheeeNmeber. 717-582-0050 FaNenban 717.682-2041 TO: Tonys Hippensteal Tebome Nmbec Fa Number: Allernmb Number: E-Wit INVOICE W YOICENlAIBER CP07010911 DME 1. himmalOrder&. LaWKCM*l CWid Fite P. MeisFib0anfam: Oft Fl #-Nmc FedrelTa ID. Employer V. CP07010011 CP07010911 CP07010911 SUBTOTAL TOTAL DUE $ =.oo Form NN5 - %bTOTW opreisal soRvrare W a k mode, inc. -1.MALAMODE Central Penn Real-EsMte T'd TTES-SBL-LTL dBi:L1T LO 80 Rew Form DCVR-*WTOTAL' appraisal mftwam by a la mode, no.- I-MALMODE Z'd ITES-68L-LIL d64s0I LO 80 Raw SUMMARY OF SALIENT FEATURES Sabha Address 447 Steetstown Rd Legal Desc tm 4 BEDROOMS 1 VZ BATHROOMS - RANCH HOUSE ON 1.03 AC. PARCEL NUMBEI Ck NEWVILLE Casty CUMBERLAND Sde PA zip Code 17241-9018 Census Tmet 0128.00 Map Reference 25420 Sete Price = Data of Sift Ckft Tonga Hlpporkwasi Lender WA Stan (SW- Feel) 1.920 Pdoe per Swam Foot Locidom RURAL Age 34 Condition AVERAGE Total Room 7 Bedrooms 4 We 1.5 Appraiser John C. Laldy Asst to Donald Lym Bashob Date ol Appraised Value 1!8!2007 Final Estimate at Value S 157,700 Fom $SD -'Wkt auv appraisal subm by a Is mode, inc. - 14004LWWE E'd TTB6-SBL-L1L dG*:DT LD BD Raw Caaral Penn ReaWs de Wile No. CP07MO91 11 CP07010911 Unfform Residential ADDraisal ReDort FIe# CP070109ll no psm of tnle le to pya the W dmtlw we an wm te, end d to walloet valve of too PMPKW Add= 447 Slash0own Rd 30 PA Code 17241-9316 Barrows WA Owner d Peek Record I E RI S TONYA COW* D Legal DUVWW 4 BEDROOM$ 1 1/2 BATHROOMS - RANCH HOUSE ON 1.03 AC. PARCEL NUMBER 30070485024 AstessWs Parcel # Taa Year RE Tams S NOdborhood Name LOWER MIFFLIN Map Bdum 25420 Census Trot 0128.00 Ovwla Term vawd Assesanwds i Q El PUD WAS E] Perm 11 w mom In ftmb El Lou" Odw Wmbi T Purchase Tmwadml Rd nmce Tmwadoe Olwr dwb APPRAISAL BEING COMPLETED TO DETERMINE VALUE UnderJl W WA Addmss WA le thew d mW far sale err has k been eland fore* in IN twelve mmidu to tie dbctve date d tlrs mm"? Yes No ReW data s used a ertl doWs). PUBLIC RECORD. I ? did IS did eel won the caneactfor We loribe object pwchm Wwwadaa. E*W % rseuls d the waWs of to =*actfor sale orwhy the m*sis was not N PURL C CTAPPL E. Contact Pdce Ddb of C *ad le the seta the omw d record? Yea No Dale s le two wry ti YcW midaale perm dwges, sale curt es mw, pit or d mpVnaR assistants, sic.) lobe paid by any party on belwl dtw harawet? 0 Yes ? No I Yu the WW dells w xu t and deeab to Rmw fa be WA No* Rap wd dw re W of the rwigltborlaod ere nd tattoo. drank l aft O *-" Tmmb Locadm Who Suburban Rural YatwB Stable W:yj [j Ova 75% 75% Under 25% Dm=4%W 311000 N h Bd100e Own Gmwlh Shble Slaw Tine Undo S mlw 3$ dhe Ova 8 mtw ft~"ft PRICE AGE S MP (ps) 125 In 10 WewdLwd UN % ftAW 75 % 2.4 IAt 0% 0 % B=daries SOUTH- ROUTE 641- NORTH- PA TURNPIKE - EAST- TOWNSHIP ROAD 250 H 50 Commadat 0% 427 - WEST- TOWNSHIP ROAD 402 1 175 Pled. 30 Other 25% Duc*m THENEIGHBORHOOD IS ENTIRELY RURAL SINGLE FAMILY HOMES AND FARMS OF VARIOUS SIZES. l4rket Corrdtlone fortlro show wrrJrwiern PROPERTY VALU IN THE SU ECT AREA TO STABLE TO INCREASING. MARKET SUPPLY AND DEMAND ARE I BALA E MAR NG M FOR HOME N THIS AREA GENERALLY RANGE FROM 3.6 MONTHS. MOST SALES ARE OF CONVENTIONAL FINANCING WITH FINANCING CONCESSIONS BEING ONLY USED ON OCCASION. Dbnnsiom X X 26' X 1 1 X 14 X 2 Aron JAW SQ FT Shag RECTANGULAR Vow RURAL COUNTRY Zmft CluaiGordiolr R SI zmft RESIDENTIAL Use MoZmm El 1100 koome le tw and bestsae d p ores ant to use? Yes No I No, &Wft LUMme Pubis Olds (4, oll -1 Publo per decor- Olf-aiEs hopmoteds-Type Punk Pdvr:le Water PRIVATE WELL Sued TOWNSHIP ROAQWAY Gore Sewer PRIVATE SEP M Aby WA Fl 0 FBtl1 Rood H=A Area Ya No FEI A Rood Zane C tI31A MIP # 4215830002A FEMA Map Dale 9110/1984 kv the al'Gles and dkb fortw awrl un? Yea No I No, deacdbe Are there any adverse ste corn or cbmd facbs (eamwft enmcMmadsmom mmW coma, land uses ft.)? Yes No I Y describe 10 GwmW famldioll fi dor wreId oaw m leleft ?r tfaile Oro One wNt ACC Urt amma Stab Fl Curd Spoce Fomftmr Work BLOCK/GOOD Roar #dstories 1 RA&mm nt Paftibsemad FxwiarWak VINYL SIDINGJAVER DRYW ka 1,680 .14 Rool Swims SHINGL. E/A rirtfF t PAINT WOOD/AVE T DeL Ati S-0dJEn U t im tinder Conk Nish 87.5 % Qftm a bg=PWJb ALLA W GOO Roor AnWaverme Dogm 0*) e DOWN Smy Pun WkWow T THERMOPANFIGD " wect d Yea Bult 1978 hdesiaten ftM SuWbS W NONE sum 11 Mate 9bdw 15 SettlarerR YES # d Cars 2 Attic Haw FWA fI1NB8 Woodsbve s # SuAoe MACADAM i Stair Shirs Obr H R Rol OIL s # 1 Fence sum d Cars tm Sallie Cartel Air Porch El C0', ' El HWW hdw" ID 0 Oler Deb Bu" ts DidmWwr I itmove 01h or demo Filiahed am above gmdo carktre: 7 Room 4 Bedraama 1.5 Balh S 1,920 S aro feet of Gross Uvkig Area Above Grade Additorwlfeadtres eflGiwadiaas,elc.. NONE Oascrb the cartdim d tw needed sic.. THE SUBJECT PROPERTY IS IN GOOD DI11ON WITH MINOR E)(CEPTIONS THE CURRENT OWNER STATED THAT THE CENFRAL AIR CONWITONING AND THE FIREPLACE DOES NOT R)NCTION PROPERLY. HE ALSO ATEDTNAT THERE WAS A PRoBu3A wvrrH THE punW WE THEAppgMER NOTED THAT THERE WERE EVIDENCE OF RUSTARON AROUND SPICKET AND DRAINS. THERE WAS ALSO WATER ON THE BASEMENT FLOOR IN SEVERAL PLACES. THE APPRAISER SUSPECTS THAT THIS MAY AN ONGOING PROBLEM. Are there any Wy*4 dello n or Mmu tW ffi= that affect the or abtftft kft* of to Mdy? E3 Yes No I Yes dewft Does the proputy gem* conform tD to m hbmt ood (funcomW dgy, d*, eondNon, use, consbsc5en etc. ? Yes No I N0. describe Freddie Mac Form 70 March 2005 Page 1 of B Famiie Mae Form 1004 March 2005 Ram 1004 - VinTOTAL' appraisal software by a le mode, inc. -1.80D-ALAMODE *,-Cl TTEG-BBL-LTL ds*:OT LO 80 RQN Uniform Residential ADDralsal Report art caPoi7n71 inmi There are 7 011001 for 3111 in ft NJ*d 111011004 In from $ 112.W- 12 900 110 $ I M500 There are 1 t ales n IN 0i" to t Nt"m I1atMs in tg11 tram S 119900 b $ 189,900 ffJUltt SUBJECT' COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 447 Steemown Rd 103 SPRINGVIEW ROAD 2173 NEWVILLE ROAD NEWVILLE PA 17241-9316 CARLISLE CARD LE 1882 WALNUT BOTTOM ROAD NEW\01LLE iD S 7.32 mike NE 6.87 aim NE 6.89 milm SE 5110 Price $ Is 180,000 S 180000 $ 139.000 Sale Rt*Sm Uv. Area $ s 57.34 341 1 10227 JL $ 70.61 tt Data Wmfs) MILS NILS M Verredon Somm S PUBLIC RECOR D PU C R COR D PUBLIC RECOR D VALUE ADJUSTMENTS DESCRIPTION OESCRI TION +(-) S Ad ,Inert DESCRIP'" + - $ Adlushmnt DESCRIPTION + - $ Adiastnem Saks or FOaaarq Concessions 16000 0 180000 139000 Dpa of 0a 3=20015 912006 8131rAm Loeatat RURAL SIMILAR SIMILAR SIMILAR Leas"d*m S' Fee Skyle FEE SIMPLE FEE SIMPLE FEE SIMPLE Sk 1.03 ACRES .78 ACRES +500.47 +1.120 .30 +11.460 View RURAL COU SIMILAR SIMILAR SIMILAR Olsim mm) RANCH RANCH RANCH RANCH dCorWjdm AVERAGE SIMILAR SIMILAR SIMILAR Achrd 34 18 48 61 Condition A RAGE AVERAGE AVERAGE AVERAGE Above Grade Taal Bdnm. Note ToW Bdma Beta +500 TOM Bdma Bata Tape Bdmre Bdbs +500 Roam Caul 7 4 1.5 6 3 2 +1,000 7 4 2 6 3 1 +1,000 can Living Area 1,920 ft 1,&32 Jti +880 1,760, 1t +1 800 1,863 tL +570 Basunn 3 Finished Roams Below Grads 1,680 ftFL CRAWL SPACE 0 0 FULL PARTIAL -11000 FULL 0 0 Fmcllord VAty AVERAGE SIMILAR SIMILAR SIMILAR Nwhm*dm OIL 55 ELECTRIC +1 000 HW OIL FA OIL Enew Bfldent Martr NONE +1 000 GAS FIREPLAC 0 GAS FIREPLAC 0 NONE 3 CAR CRPT 3 1 CAR ATT 4000 2 CAR ATT -2,000 NmWWQGeck K NONE NONE PORCH +1000 PARKING NONE NONE 1 CAR CPORT OTHERS NONE NONE NON REPAIR ADJUSTMENTS NOTED IN REP NON -500 NE -6 NONE -5.000 Nlt + - S -3 120 17 + - $ -4280 + 54 - S -Z470 Adjealed Sale Price d 1 did did trot research Net Adj, 2A % Gnu 8.1 % the sale ortrarmlerhistory of tiro subject: pro Nut ft 2.4% $ 158 Gross 54% pm.. and w sales. InKemplain 4 175 Net Adj. 1.6% Gross Adj &3%1 $ 135,530 resprch did aid not reveal sales artanskrs Otte for the Me yen . to the d11ectve date d This Dab s resesxh dd did notteval any sales arUanefas of to cormable sales tortle yearprigriallbe dale of sale of 111 cory"miesen. DA sm*s) Reportthe MM of do research and ' d the Worsale ar bsris6u of to atimet property and sales (report addWW ales on page 3). anatna REM SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 COMPARABLE SALE #3 0811 d PriorSaWTransfer Pike of Prior SaWTMNW 0* Saaee s E ftm Dale of Dan source(s) Analysis of prior sob or tmfx history of the stilloct property Ind converable ale WALES CITED ARE FROM SUBJECT NEIGHBORHOOD AND ARE IN ABLE PROXIMITY TO THE SUBJE T. THEY ARE THE MOST RECENT AND MOST COMPARABLE. VALUE AFFECTING DISSIMILARITIES WERE U ACCORDING TO REACTION. SECONDARY MARKET STANDARDS FOR NET AND GROSS ADJUSTMENT PERCENTAGES WERE MET. THE INDICATED RANGE OF VALUES BRACKETS THE VALUE OF THE SUBJECT. SwMW of Saks CoffoaftonApProach ALL COMPS ARE FROM SUBJECTS NEIGHBORHOOD OR SIMILAR NEIGHBORHOODS AND ARE CLO-SEST IN FOOTAGE! SQUARE SITE AND FUNCTIONALITY FOUND ON THE DATE OF INSTP CION. SUBJECTS NEIGHBORHOOD MARKET IS STABLE AND TIME SINCE INSPECITON SHOULD NOT AFFECT CLOSED SALES VALUES OF COMPS. Mc1Md Ih11e Sties S 157,700 idcd1dYable •S11m S 157,700 Cop (If s 161,632 became (N s This app WW is made ® "es k", ? objed to oonrpleton per plans end spedicatwu on to base of a hypoinskid condition tat the pnprumn0 is have been caellp K ? S"d io the t &Mm mpab3 or dbmMm on Ile barb d a hypahe1i cordloo tut the mpeirs or atxetau lim been campkled, ar ? sub]ea to the based ern the tat to eaidMar or deficiency d not require all ratan or now oess p?o p e Bned on conditions, atmpleLa seed Inep11ectal of the inarlor and of axbft the am of l1be W a Oct e_ - lli0 props l?ty tu oll t le the ubjea of tab eW fs and 9 OW 1pp?a l4 my W opinion Of the mmfet YiYK 11 ea o/ ?nl S 167,700 m d 1152007 which Is the *b of bapecom and tin a M*n data of Us appralmal, KNOW Mac Form 70 March 2005 Pape 2 of 6 Fannie Mae forth 1004 March 2005 Form 1004 - WnTOTAL' appraisal software by a Is node, inc. -1.800•ALAMODE G'al IT66-68L-LTL de*:01 LO 80 Raw 010911 CP07010911 Uniform Residential AuDraisal ReDort FVm# CPO7010911 REPAIRS ARE NEEDED TO THE SUBJECT PROPERTY AND DEDUCTIONS WERE TAKEN ACCORDINGLY TO THE ANAL ESTIMATED VALUE. CWrAPPRUMMYALIEUaot requiledbVIRMI&NO Provide Worroadm for the Ieme*W In Wimb the Wbw cost ftures and aimmorrs. Uport for to qNm of slim vakm (mmig of owgim" knd sake or dha owtrods for es*mdng site value ESTWED REPRODUCTION OR REPLACOMY COST NEW OPNION OF WE VALUE _ - __....._.....? _------- =s 36,000 Somme of eeetdeal OWf IM 1,920 $ 74.50 _.__ _ -S 1 040 Wft lit Rani cost sa " Obdoe ddo of cost data 1660 S 15. --- 25,670 Camends on coat kqpmch Wm r as cdmd*m sit . -S s Toll Edoom of Cast-New =Z - - 168,710 Less lci rratctlonal Et demal poodilim 142.1781 1 42178 OweddW CImpommeres - -- - __=S 532 'Asia' VAA of Sb kowe"ffleft -S 60otaled fto*ing Eemmic L1e aid VA 45 Yeas ft0ICATEDVAIIEUYCOSTAPPROACH 161 532 pICW APPR0At M VKA not Fanak flan) Edm d mWW Rant S X (host Rent = $ hiabd Vakne Wo ve Appach S of frKame Womb Oppleft upped for malloet not and GPJA PROW RPDRfAATM FOR K& Is tte deW r in con rd of the Homeowners' Aseodatm OA ? Yes NO Unit s Dots W AlmchW Nmmk 1M Niowim it buMm to PUlk ONLY I to Aden is n eadmt of do HDA and the is an attached &mft Leo Name of ftw atilt. TOW danbet d phom TOW raft d mb TOW nuroer of mils add Toed nun berof WA; mnied TOW nwrim of orals for We Data aaaa s Was the P*ct created to conversion at O*k s kao a PUD? Yes NO I Yes, date ar cmversbn. Does toop*ct em" mW&dvm units? Yes No Data Source Are the units, cmvnon ekmada aad mavillmtociilu ? F-I Yes Not % dembe to stab of amolown. Are the common ekmen6 based b orthe Wneo mem' Assmidim? Yes NO # Yes, desabe tre rwbl tams and oplops. Due ibe common ekmads ad recreataul facifm Freddie Mac form 70 March 2005 Pape 3 of 6 Fannie Mae Form 1004 March 2005 Form 1004 -'WinTOTAV appraisal soflwam by a la mode, inc. -1-t0O•ALAMODE 9'°l TICS-SOL-LTL dos=OT LO 80 RQW re TT 4M4? unnorm Kesiaermai This report form is designed to report an appraisal of a one-unit property or a one-unit property with an accessory unit; Including a unit In a planned unit development (PUB). This report form is not designed to report an appraisal of a manufactured home or a unit In a condominium or cooperative project. This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership in an appraisal organization, are permitted. SCOPE OF WORK The scope of work for this appraisal Is defined by the compl®dty of this appraisal assignment and the reporting requirements of this appraisal report form, Including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior area of the subject property, (2) inspect the neighborhood, (3) Inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report INTENDED USE: The Intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender/clern. DEFINITION OF MARKET VALUE: The most probable prix which a property should bring In a competitive and open market under all conditions requisite to a fair sale. the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit In this definition Is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable lhne Is allowed for exposure In the open market; (4) payment is made in term of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions" granted by anyone associated with the sale. "Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law In a market area; these costs are readily ido able since the seller pays these costs In virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party iris it utional larder that is not already Iwdved in the property or transaction. Any adIustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITIN6 CONDMONS: The appraisers certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for Information that he or she became aware of during the research involved In performing this appraisal. The appraiser assumes that the tee is good and marketable and will not render any opinions about the tile. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is Included only to assist the reader In visualizing the property and underslarnding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the federal Emergency Management Agency (or other data sources) and has noted In this appraisal report whether any portion of the subject site is located In an Identified Special Rood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the Inspection of the subject property or that he or she became aware of during the research Involved In performing the appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not Imtted to, needed repairs, deterioration, the presence of hazardous wastes. toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based ids or her appraisal report and valuation conclusion for an appraisal that Is subject to satisfactory completion, repalm or attaations on the assumption that the completion, repairs, or alterations of the subject property will be perfomned In a professional manner. n VUUIO Mar- rUfm !U Me= LWJ Page 4 of 6 Fannie Mae Form 1004 Mach 2005 Form 1004-'WtnTOTAV appraisal sobam by a Is mode, bnc. -1-800-AIAMODE T'd TTES-6BL-LTL des=OT Lo 80 Pew N 0911 rornn1 not l Uniform Residential Appmisal Report A" CP07010911 APPRAISER'S CERTIRCATiON: The Appraiser certifies and agrees that 1. 1 have, at a minimum, developed and reported this appraisal In accordance with the scope of work requirements stated in this appraisal report 2. 1 performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition of the Improvements In factual, -specinc terns. I kie Wed and reported the physical deficiencies that could affect the livability, soundness, or shuctural integrity of the property. 3. 1 performed this appraisal In accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In place at the time this appraisal report was prepared. 4. 1 developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. i have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. 1 researched, verified, analyzed, and reported an any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal. and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. 1 researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise Indicated In this report. 7. 1 selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. 1 have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. 1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. 1 verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 11. 1 have knowledge and experience in appraising this type of property in this market area. 12. 1 am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple bung services, tax assessment records, public land records and other such daft sources for the area in which the property is located. 13. 1 obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct 14. 1 have taken into consideration the factors that have an Impact on value with respect to the subject neighborhood, subject property, and the prodn*y of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that i became aware of during the research Involved In performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. 1 have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 16. 1 stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and Smiting conditions In this appraisal report. 17. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value In this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 18. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that 1 would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage ban application). 18. 1 personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report N i relied on significant real property appraisal assistance from any individual or Individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report I codify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it 1 20.1 Identified the lender/client In this appraisal report who is the individual, organization, or agent for the organization that I ordered and will receive this appraisal report Fredde Mac Form 70 March 2005 Page 5 of 6 Fannle Mae Form 1004 Mardi 2005 Form 1004 -'WnTOTAL• appraisal software by a la mode, inc. -1-800•ALAMODE Z-d TTES-SOL-LIL des:01 LO go FQW f^Ofl7M AO4 4 unoorm ReSidenDal Appj Sal Mon Rte/ CP07010911 21. The lender/client may disclose or distrilbute this appraisal report to: the borrower, another lender at the request of the borrower, the mortgagee or Its successes and assigns; mortgage insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (If applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). 22. 1 am aware that any disclosure or distribution of this appraisal report by me or the lender/cltent may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage Insurers, government sponsored wrterprises, and other secondary market participants may rely on this appraisal retort as part of any mortgage finance transaction that involves any one or more of these parties, 24. If this appraisal report was transmitted as an "electronic record' containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shag be as effective, enforceable and valid as N a paper version of this appraisal report were deivered containng my original hand written signature. 25. Any Intentional or negligent misrepresentation(s) contained In this appraisal report may result In civil liability and/or criminal penalties Including, but not limited to, fine or Imprisonment or both under the provisions of Tide 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIIICATION: The Supervisory Appraiser certifies and agrees that 1. 1 directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. 1 accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser (or the appraisal firm), is quaefied to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER Signature ,i (tom Name John C. iLridv Asst to Donald Lvrm Baelrore Company Name Company Address 5044 Serino Road. Route 34, Sherman Dale. PA 17090 Telephone Number (717) 582-0050 Email Address M011".com Date of Signature and Report Jamsery 17.2007 Effective Date of Appraisal 1/6/2007 State Certification # or State License # or Other (describe) State # State Expiration Date of Certification or License ADDRESS OF PROPERTY APPRAISED 447 Saeebtawn Rd NQ WILLS. PA 17241-9316 APPRAISED VALUE OF SUBJECT PROPERTY $ 157.700 LENDER/CLIENT Name Company Name WA Company Address WA Email Address SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signatu%&za&, / .- gu.4w- Name Donald Lynn eashore Company Name Company Address 27 Sycamore Drive. MifOirft m. PA 17059 Telephone Number Email Address Date of Signadre Jarnrary 17, 2007 State Certftatlon # GA0009001- or State License # Slate PA Expiration Date of Certification or license 613042007 SUBJECT PROPERTY ? Did not inspect subject property ? Did inspect exterior of subject property from street Date of Inspection ? Did inspect Interior and exterior of subject property Date of Inspection COMPARABLE SALES ? Did not inspect exterior of comparable sales from street ? Did Inspect exterior of comparable sales from street Date of Inspection Freddie Mac Form 70 March 2005 Page6 of 6 Form 1004 - wnTOTAL' appraisal software by a la mode, inc. -1-90G-MAM Fawle Mae Form 1004 March 2005 E'd TIES-6BL-LTL d4S=0T LO 80 Raw FBe N 11 Sunalemental Addendum F&NacPO70iA911 Gerd Ton HbperaMW PropsM Address 447 SteeWwwn Rd C NEWVILLE Co" CUMBERLAND SW PA Code 17241-9316 lender N/A Forth TADD - lMnTOTAV appraisal soft= by a la mock iix. - laNLAMODE 4'd ties-68L-LIL d4SsOI LO BO RQW DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a ampebtlue and open market under all conditions requisite b a fair sak, to buyer and seller, each aerirg pauderrly, Iawaaledgeaby and assuming the price is not affecad by undue stnudus, knpict in this definition is the ccnahnwnafm of a agile as of a spealied date and the pasft of We 6om seller lo buyer under candlios when y. 0) buyer and seller are iypi alt' rmlaated; (2) bath parties are wall Ydonnsd or stall advised, and each ac*q In what he considers; his oast best interest (3) a neat Onablo time is allowed for exposure in the open maslK (4) payment Is made in tam* of cash in U.S. dollars or in terms of firmcef arrangeme is comparable twdr, and P fa price represents the normal consideration for the property sold andected by special or creative financing or sales concessions' granted by anyone associated with the sale. •A4u VwM to fa coparables must be made for spout or crealive inandng or sales eonncessiOrs No adjustnams no necessary for those cc& which are normally paid by sellers as a resin of 4adflon or law in a mtedtt area; two costs are ready lderelable since the seller pays these cast; in virtually all sales trasac o s. Special or creative financing adjustments an be made to the comparable property by comparisons to finardng terns offered by a lard part' lydkdonal lender that is not already WNW in the property or transactia ft 94 abnad shadd not be calculated on a mechanical dollar for dollar cost of Ua tinar"q or con ession but fie dollar amount of any Adjustment should appwxirrate to mwdad's racdon to to faenring or concessions based on the appeaser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMMRG CONDITIONS: The appraiser's artlfiradon Uat appears in the appraisal report is subject to the f ki*g conditions. t. The appraiser will not be responsible for matfas of a legal nature that affect either to proper being appraised or fps title to it. The appraiser assumes ft fie We is flood and mol elable art. faardore. will not render any opliniars abohd ft Ilk. The proper Is appralsol on fie basis all it tang under responsible ewnersl* 2. The *new has provided a sketch in In appraisal report to show approximate dennsfons of the improvements and the sloft is included only to assist the reader of the report in *u H* the property and understanding the app" s dekmmralion of is six. 3. The appraiser has moreirNd the avaable toot maps lhd are provided by the Federal Beargaoy Managemot Agniey (or either dab socaces) and has rolled m the apprakad report MsOar the subject sits is locded In an i KOW Special Hoed tMad Ara. Barn ss go appraises is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraises cull not Was besioony or appear In court because to or she made an W* W d the property in question, wdess speck arrangements to do so two been made betashhnrd. 5. The appraiser has estimated the value of the land in the cost approach at Its highest std best use and fie improvements at their coriibulory vane. These separate valuation of the land and improvements must not be used in eon*AM with any other appraisal and are kw* I they are so used. t. The appraiser has noled In the appraisal report any adverse condthers (such as, needed repairs, deproclaUah, the pressnce of hazardous wasps, lode substances, stc.) observed daft tee bspeclmh of the subW property or tot ke or she became aware of dhrkg to normal research irvahad in polo, the appraisal. Unless otherwise stated In the appraisal report, the appraiser has no knowledge of any hidden or urapparent conditions of In property or adverse environmental conditions @mkdirg the presence of hazardous wastes, toxic substances, etc.) that would make the Popov mere or less valuable, and has assumed that there are no such conditions and makes no guarantees or wnrantlea, express or implied, regardkg to codib of to property. The app 's, will not be resporsinie for any such emdilen IN do cans[ or for any 10111 or Us* that might be required In diseova whetter W conditions; exist. Because tla appraiser is not an expert in to field of owironomW Igads, to Vp %W report must not be considered as an environmental assessment of the we". 1. The appraiser obtained the irlormafon, estimates, and opinions tst were expressed in the appraise! report from sources that he or she considers to be reliable and beleves ism to be Ime and cored. The appov r does not asonne respa sibilly to the accuracy of such iterts ftet were Nrnshed by other parries. 8. The appraiser will not disclose its contents of fa appraisal report except as provided for in the Uniform Standards of Profes"al Appraisal practice. 9. The appraiser has based his or her appraisal report and valudiaa catcndm for an appraisal that is subod to satisfactory ccnpleton, repairs, or abnatms onto asnapfim fiord cffnodm otthe knmrmnwo vM be p i l1 , in s worlesofft manner. 10. The appraiser must provide his or her prior written consent before ire lender/client specified in its appraisal report can distribute the appraisal report Qncludmg concesios shad the property vales, the appraisers We* and prohmiorw dodlinadata, and rdenmces to any professional appraisal oganmtms or the iken with which fa appmafsa is associated) to anyone other than the borrower, the mortgagee or its suer essors and assigns, fro mmagage Inner: anuRarts: pmoll aic appraisal orgaialliw any slate or federally approved ikwacial kaftio: or any depanbn sK agency, or instrumentality of the United Stela or any at* or the District of Woo* except Usti to lande klient may disaibale to pop" daaxipl n sector of In report Orly to date collection or reporting service(s) without having to obtain the appualeers pdor wrlten oonern The appraiser's wdit coso and approval must also be obtained before the appraisal can be conveyed by anyone to the pubic through adversiskg, public relations, news, ales, or other meda. Reddke Mac Form 439 6-93 Page 1 o12 Fannie Mas Form 10048 6-93 Central Penn Rea!-Eatete Rum ACR - NPmTOTAL" appraisal saftware by a Is mode, inc. -1.800-ALAWDE S.d TIEB-68L-LTL dSS=OI LO 80 Row APPRAISER'S CERTIFICATION: The Appraiser certfos and agrees that 1. 1 have researched to subject marker an and have sdwW a miiamen of three recant sales of pmperft mat slimier and prmmnfe In to su6jad plop" for caaidendion in the sales comparison analysis and have made a dollar adjdstme t when appmprfaaf b mlbet the market reaction 10 11109111110019 of svn&-am variation. I a sigftW ban n a comparable property is superior to, or more lavorable than, lbe subject property, I haw made a negatre adjustment to reduce to aausted sales price of to comparable and, t a sodicant item in a oomparabie properly is ideriar to, or less favorable thaw to mod property, I have made a pdsilw adpslmatld kwase the a4isted sales prime of fie camporatt. 2. I We taken ko m onsidarion the fackn that haw an impact an value in my development of to astmmrale of market "Mlle in the NWWW report I have not Vowirgy witindd any significant Information from to appraisal rayon and I bale", to the beat of my Iarowledge, that all statemnerttr and kolomraton In the appraisal report am true and correct. 3. 1 s t a l e d in f w app/ i h i l report only my omen persook unbiased, and Wdessiorw analysis, opinions. and conclusions, vtidh an subject Only b to comrUrgaf and *a" conditions; sptaied in fins form. 4. 1 have no preset of prospeclw interest in Ire property flmat is tie subject to ft spat and I have no present or prospective personal interest or buss wt respect to pro participants in the twoec dom. I rid nut base. either pwMy or oampleley, my arulysis and/or the estimate of market value in the appraisal report on the lam color, religion, sae, handicap, fennel slats, or nallonal origin of e*w the prospect" owners or occmpaale of the subject property or of fie present owners or owwft of ft prgrorles in the v0dly of the svlW properly. 5. 1 ha" w present or eormmffplald Mot i Mod in the subject propedy, arrd nelha my mm e t or Mae anpimymat ram my compaaadon for pakmnlng tiffs appraisal is conDrgent on the appraised vane of pro prapeny. 6. 1 was not mood to wort a prod roused value at drier in value fat favors the cause of to clad or any rddtd pay, fa amount of ire Wier atimath, to altainmad d a speclk malt or the occurrence of a subsequent event in order b receive my ampauabn and/or ampbymdt for Palo nimg tae appraisal. I ad amt bane to appraisal teportar a regaested n* n um vdaafo% a apeft vaulft% ulna needle approve a 9pedk mdmage loan. 7. 1 performed ids appraW in conformity *M ftae Lwdorm Standards of PmlessWW Appraisal Practice tut were admpled and promatgamd by the Appreissi Standards Board of The Appraisal Foundation and true were im place an d to affect" dale d ft appaisat vslh the aLepton d tine depab9s posisbn of tense Sondards, which does not apply. I a:gmoaYdge tot an wtimais of a rewwWAs time for opoura it the open market It a Condition In the dellni lon of maket value and fee Rd, I, I developed is masisiet wdth the rnadaeli g lima holed in the nelgtmbabood section of this repot unless 1 have otherwise anted in the recancihton section. 8. 1 lave persaraly ksp *d the imedor and awe arcs ol tro subject Vagary and the nderia of all properties lisrad as comparoblea n Is appraisal repel. I further centty tut I law roled airy appwW or MM adverse caadtona in to sebjed npravnmerts, on to subject sik or on any Bile within the Munedele vi intty d ire mod popedy d which 1 am am and have mare adjmiwwb for toss adverse conditions in my analysis d the properly value th the adad tut [had market evidm tesupportilm I haw *o cwvnated about In effect tithe adverse cMAM an the marblal lty d fro rwbject t ty• p?olessioral 9. t Persoraily MUM all comdusian and apudons about lie rW estioe tot were set forth in Its appraisal report. I I retied on *Mot aseislance from any indviduai or individuals In to performance of the appraisal or the prepa0etoh of the appraisal report, I have named such individual(s) and disclosed to specific lasias performed by tam in to teconciliatan section of ids "allsai report I w* to any individual so named is pulled to perform to tasks. I have riot authored anyone ire make a change Ito any bra is fN report; tomefore, I w vewslJobsod dorge Is made ft to appoiwl MOK I veil take no resprmobilty for A SUPERMORY APPRAISER'S CERTIFICATION: I a super" cep dw signed the appraisal report he or she caries mad agrees fat 1 dim* ngavice to appnakeer *ft Prepared to appraisal spat haw reviewed the apprabak report apse with the sbftwb and conclusions of to appraiser. agree le be bomd by to appaise's affair membered 4trmgh 7 above, and an Ming Jul raapaobolly for to appaisak and to appraiW report ADDRESS OF PROPERTY APPRAISED: 447 Steelstam Rd NEMILLE. PA 17241-9316 APPRAISER: SUPERVISM APPRAISER Iamb U ngalndy: Name: John C. a dy Asst to Donald Lynn Bashore Nana: Donald Lunn Baslnore Date S": January17.2007 Daft 5gned. January 17.2007 Start Cenlieatm #: State Cedffeaton 0, GA0009ODL or State Liman # or Sett License V. Stain: Stale: PA E>piratorr Dart of Cw fndm or Lbereir Fipiraibn M d CetE trim or License: 603042007 ? Did ? Din Not Iropect Property Fredda Mac Form 439 6.93 Page 2 012 Fannie Mae farm 10048 &M Form ACR - "4Vi1TOTAL' appraisal software by a Is mode, inc. -1-800.XAMODE 9'01 TTE6-684-LTL d 9S=0T LO 80 Rralp Central Pem ReaFEsatte ao7Diosi? FE&IL-C Address APPRAISAL AND REPORT IDENTIFICATION This Appraisal Report is = of the following types: ? Sett Contained (A writer report prepared under Standards Rule 2-2(a) , persuant to the Scope of Work, as disclosed elsewhere In this report.) ? &-Mary (A written report prepared under Standards Rule 2-2(b) , persuant to the Scope of Work as disclosed elsewhere in this report) ? Restricted Use (A written report prepared under Standards Rule 2-2(c) , persuantto the Scope of Work, as disclosed elsewhere in this report, restricted to the stated intended use by the specified client or intended user.) Comments on Standards Rule 2-3 I cedy that, to the best of my knowledge and beifef: The statements of tact contained in this report are true and correct. The reported arotyses, opinions, and contusions are limited only by the reported assumptions and Imltkug conditions and are my personal, impartial, and unbiased professiomt analyses, opinions, and corncksions. • ],have no (or the specified) present or prospective interest in the property that is the subject of this report and no (or the specified) personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of 06 report or the pities involved with this assignment. My angagemot in this assigraneat was not contingent upon developing or reporting pnedaminkned results. My cumper"on for co Oft this assignment Is not tanfingent upm the develop root or reporting of a predetermined value or drecdar a value to favors to cam of the client the mount of ft Yaks WW W, the a0adm ent of a stipulated result, or In occurrence of a subsequerd evert directly related to the intended use of this appraisal. My analyses, opinions and conclusions were developed and this report has been prepared, in cordoanniyy with the Uniform Standards of Professional Appraisal Practice. I have (or have not) made a personal inspection of the property that is the subject of this report. No one provided sipm'dicant real property appraisal assistance to the person signing this cerlification. (11 two we etrca*=, the name of each indivrd ial prowling signilkant real property appraisal ass x is stated elsewhere in this report) Comments on Appraisal and Report Identification Note any USPAP related issues requiring disclosure and any State mandated regtatements: APPRAISER: Sgnalure. ??. , Name: John C. Lehy Asst to Donald Lynn Bashore Date Signed: January 17. 2007 Stale certification or State License #: Stets: Expiration Date of Cerl'fication or License: Effective Date of Appraisal: SUPERVISORY APPRAISER (only If required): Name: Donald Lynn Bashore Date Signed: January 17, 2007 State Cati6cadon #' GA000900L or State License State: PA 5q hWn Date of CaOlication or License: 6/30/2007 Supervisory Appraiser Inspection of Subject Property. ? Did Not ? E tenor-only from street ? interior and Exterior Form ID06 -'WnnTOTAV appraisal software by a la mode, inc. -1-800•ALAMODE T'd TIES-68L-LIL dss:01 LO 80 Raw Cover letter .. ................................................. .... .................. _............................ ........ ................... 1 summary of Saki Fames ._...... _............ ._................ ........... ._..._................................... _.._..... .................. _...... ............... ........... 2 ._..._.._._......._ 3 Sugdemental Addendum - --._..._---------- .._...._._....._......._._ ............................ ................... .......... _.._--............................ _........ _............. 9 Subject Photos ............................. .................._..................................._..................._........................................... 10 11 ............._................... _...... -................. ............................. .........._........ .......................... Subject photos ......................................................................... Subject Pfuttos -- .. . ............. ........................................................................----............_ 12 Subject mom ..._._........._._..,. __._...__.... _.......... ._....._.............. _ ................... -....... _.-.... .._................................ _....... 13 Subject Ptacs......... _ ................ _....... ....................... _........ ........ _...................... .... _......._...._.._._...._......-.. 1a ........._..........__...__....._...-_...._ ............._.._....._....._---.. 15 subjxt phatos .._._....................... w-•-•--•--..........-----.._......_...._......._..........-•----•--• Caup"le Photos 1-3 ............................... ............................. .............................._......................................................... 16 Statement of Liming Canditm ............................. ............................................................................................ 17 USPAP mGAMUM n .......................... ............... .................................................. 19 .... ..... ............ _.........._.......... _. 20 location Map ._..._ .............__..._.._...._.._.._...._...__..__...._.__...........__._......._....... ........................._._..,.. BuNrg Sketch (NP -1) ........ ............. ...... .............. .......................... ....._..._.-._.........._._........... __ 21 Farm TOCP -'1NinTOTAL" appraisal software by a la mode, inc. -1-800-XWDE Z'd TTEs-68L-LTL dss:DT 40 80 Row TABLE OF CONTENTS Subject Photo Page 9W-No-CP07oI 1i1 Tonya Hi al PrOP" Address 447 Sleedstow Rd C' NEWVILLE C02CUMBERLAND State PA T JP 17241-9316 Lender NIA Subject Front 447 Stselstown Rd Sales Rice Gross LMV Area 1,920 Total Roams 7 Tahl Be*WM 4 Total Bahmms 1.5 Location RURAL Vbw RURAL COUNTRY Site 1.03 ACRES Di ft AVERAGE Age 34 Subject Rear Subject Rear Form F1C3x5.SR -'WmTOTAI" appraisal software by a W mode, inc. -1-800-ALAMODE E-d TICG-68L-LTL dIO=TT LU BO Raw FF No. c? 7RFMKIl Subject Photo Page coax Ton H' Pmperty Address 447 Steelstown Rd C' NEWVILLE County CUMBERLAND State PA L Code 17241-9316 Lender NIA Subject Yard 447 SteeWtown Rd sales PRb areas Living Area 1,920 TOM Rooms 7 TOW Badmans 4 ToW Baftwi s 1.5 Location RURAL View RURAL COUNTRY sk 1,03 ACRES W* AVERAGE Age 34 Street View-North Street View- South Farm PIC3x5.SR - "WinTOTAL• appm" saftme by a la mode, Irre. -1.800-ALAMODE 1.-4 TTE6-SOL-LTL d9O=TT 40 80 Raw Subject Photo Page Subject- Bring Room 447 SWelsom Rd $ales Rice Gmss LWM Area 1,920 TOW Raoms 7 TQW Ba hwm 1.5 Luca on RURAL view RURAL COUNTRY site 1.03 ACRES pna iy AVERAGE Age 34 Subject- Kitchen Form Plo3M.SR --OnTOTAV appraisal sd-re by a la mode, inc. -1.800-ALAMODE g•d Ties-SeL-L" dZTsTT LO 80 ROW No. CP07010911 Subject Photo Page Subject- Master Bedroom 447 Steelatom Rd Saks Price Gross Living Area 1,920 ToalRooms 7 Toth 8etkooms 4 Total Batlroo ns 1.5 Locdtion RURAL view RURAL COUNTRY site 1.03 ACRES Dua@y AVERAGE Age 34 Subject- Dining Area Subject Form WPXSR -'WinTOTAL° appWsg software by a la mode, inc. -1.800•ALkWM 9-d TTe6-68L-LTL dBT=TT Lo 80 Raw Mail 08 07 11:22P 717-789-9311 P.1 "e No. Subject Photo Page Subject- Bedroom 2 447 Stash town Rd sula Price Gmae Ching Area 1.920 TaW Boom 7 TOW Bedmome 4 Idw aWhMM 1.5 tocOn RURAL View RURAL COUNTRY $he 1.03 ACRES Qualay AVERAGE Ap 34 Subject- Bedroom 3 Subject- Bedroom 4 Faso PICMSR-WrOTAV appi*W aolhwcu by a h mode. Inc. -1-s00A MODE May os 07 11:23p 717-789-9311 P•2 No. 1 Subject Photo Page Rust Stains in Full Bathroom 447 Steeistown Rd Saks Prb Gores Wng Area 1,920 Total ROM 7 TOW Be' n il,1 4 T43W Mums 1.5 Location RURAL view RURAL COUNTRY Sipe 1.03 ACRES amm AVERAGE Age 34 Subject- Fall Bath Subject- Basement Flat Weiler Flaeder and water soMer- Weiler Damage No6aed FM Pi6P0(.SR- WinTOTAV aWaisg so tom by a d mode, inc. -1800-AL MODE May 08 07 11:23p 717-789-9311 p.3 IFft No. Comparable Photo Page Comparable 1 103 SPRINGVIEW ROAD Prot. to SOW 7.32 mass NE Sales price 160,000 Grus Living Area 1,832 TOW Roans 6 TOW BedMM 3 TO B*woms 2 Location SIMILAR Mbar SIMILAR Sb .78 ACRES Osely SIMILAR Ape 18 Comparable 2 2173 NEWVILLE ROAD Pros, ID SabW 8.67 rrilss NE Salsa Pdrx 180,000 Bmss Ling Area 1,760 TOW Roar 7 TOW BebOOms 4 TOW Batleoarrs 2 LocAm SIMILAR View SIMILAR Slle .47 OaaRy SIMILAR Age 48 Comparable 3 1882 WALNUT BOTTOM ROAD Prat. ID Subject 6.89 mloS SE Sales Price 139,000 Gn=LMMArea 1,883 TOW RMIM 6 TOW BOOM 3 TOW BAroans 1 Locador, SIMILAR View SIMILAR Slle .30 Welly SIMILAR Age 61 Form PIt6.CR - *OTOTAL• appraisel W Mw by a Ii mode, Im. -1400-M AMODE May 08 07 11:23p 717-793-9311 p.4 1% N& CEffiffi-ml Location Map Ckm Ton H al Address 447 SbOsVmm Rd Sale PA Cods 17241-9316 MBERLAND city yM4 CU Larder WA P E R R Y 4 T. i? P 4 't C U M B E L A N O 1 `C11G '. t: FRANKLI A a? 7 mr 1 2 3 A D A M S Fowl MAP.LOC-'WYfIMPV a O*d scheme Ey a 4 mode; loe. -1-WO-ALAMDOE May 08 07 11:24p 717-78S-5311 p.5 Building Sketch CNent Tama Hb I Prapb* Address 447 St"tawn Rd CRY NEWVILLE CUMBERLAND Sbde PA Code 17241-9316 Lender WA i i S.0' 20.0' 1 UNf? W CHEN 14.0' 1&0' 144` 14.0' DINING ROOM b BEDROOM L BEDROOM a MASTER ;b b N 20.0' 10.0' a " LMNGROOM 10.0' BEDROOM b BATH r 00.9 2r•MN?N? COM41ft. LIVING AREA BREAKDOWN First deer 2a0.0 29 60.0 1680.0 m 2 SS4.0 S I= 4 110.0 am S mw 4 sa= 10 Items (Rounded) 3424 AREA CALCULATIONS SUMMARY COW D"adpoon Not Sin NHLTO41s CLAI tint doer 1690.0 EL8e9`S 1DDDBDOer 391.0 LiOe?!=/L 'tom 60.0 LSYa6 LOOM 330.0 DLCD•0 LOOet 186.0 1>a 3 3H2.0 La8'E 70.0 3424.0 r/r DR= 100.0 100.0 et LIVABLE Area 9ubeoWs rs:.e door 14.0 X 28.0 L9?!!/Li7E LIVSEG PAW 11.0 s 18.0 199.0 3424 a(HHI(OOwn .0 s ls.o °'? X 20.0 2ao_o EmEDO Ia 392.0 .0 x 11.0 60.0 33.0 x 16.0 33H.0 DTEm10 V.0011 LED 2 11.0 X 14.0 1".0 13.0 : 14.0 181.0 10.0 x 13.0 110.0 7.0 s 10.0 70.0 Fam SKf.BkSti-"NfnTOT)I` ePProlsei saMr4re by a la mode. ilc. -1-MALAMODE Pennsylvania P.O. Box 15057 Housing Finance Hamsburg,PA Agency 17105-5057 PROPERTY ADDRESS: 447 STEELSTOWN ROAD NEMNILLE PA 17241-9316 11461-007421-002 RICKEY E HIPPENSTEEL TONYA L HIPPENSTEEL 447 STEELSTOWN ROAD NEWVILLE PA 17241 0001167295 MORTGAGE LOAN STATEMENT STATEMENT DATE: 06/19/07 LOAN NUMBER: 1167295 Interest Rate: 5.375% Current Principal Balance: $115,774.59 Escrow Balance: 19,58.56 Year To Date Interest: $2,603.82 CURRENT PAYMENT DUE! $971.00 Delinquent Payment(s): $971,00 Deferred Late Charge(s): $109.32 Other Fees Due: $52.66 Less Unapplied Funds: $0.00 PAST DUE PAYMENT(S): $1,132.98 TOTAL AMOUNT DUE: $2,103.98 PAYMENT DUE DATE: 07101/07 .• Ds1e ^ pLAM AMoun Pr U*W Interne! late mist Chame Fees 06/06!07 FHA NIP 04/01107 47.53 0.00 0.00 47.53 0.00 0.00 06/14/07 PAYMENTIDEFER LATE CHARGE 05101/07 971.00 163.86 519.31 287.83 0.00 0.00 06114/07 NSF CHECK CHARGE 05/01/07 4.99 0.00 0.00 0.00 4.99 0,00 06114107 NSF CHECK CHARGE 05101107 22.34 0.00 0.00 0.00 22.34 0.00 LATE FEE INCLUDED WITH 'MISC FEES- Your mortgage payment has not been received. All payments are due on the first of the month. Please contact this office Monday-Friday SAM to SPM. Loans that are 30 days or more past due are reported negatively to the Credit Bureau. An inspector may be sent to your house to determine it's value, occupancy and to discuss your delinquency if we do not hear from you. Please contact us. Ask about Quick Collect. Please forward any tax bills you receive to PHFA as soon as possible so that we may pay them within the discount period. Do NOT include the tax bill with your mortgage payment. See reverse side of statement for address. Please forward any insurance bills you receive to PHFA as soon as possible so that there will be no interruption of your coverage. Do NOT include the insurance bill with your payment. See reverse side of statement for address. ••..•••,..••...-t ..................,,?,.wv.,nanwan+nm,„rr?r MalOet•11adtlCP8ylb1! To: PHFA LOAN NUMBER, 1167295 PAYMEP RICKEY E HIPPENSTEEL TONYA L HIPPENSTEEL PENN.SYLVANtA HOUSING FINANCE AGENCY P.O BOX 642572 PITTS8URGH PA 15284-2572 IT COUPON 0MON0118WORE 07101107 OM F RECEb®AFTM 07116/07 CURRENTPAYNERTDW $971.00 $998.33 PASTDUEPAYfN91TM $1,132.98 $1,132.98 TOTAL AMOUNT am $2,103.98 $2,131.31 ADDITIONAL PRINCIPAL ADDITIONAL ESCROW 7OTALA010UNT8*X0eED 5 S $ A14M 2-d TIES-68L-LIL d61,:11 LO 81 Inr Borrower Log In Page I of 2 Balances & Delinquencies PNFA Loan Number: 1167295 Primary Borrower Name: Rickey E Hippensteel Jr Secondary Sonmwer Name: Tonya L HO)ensteel Balances Unpaid Principal $115,609.99 interest Paid Year to Date $3,122.39 Forebearance Suspense $0.00 Miscellaneous Suspense $0.00 Hazard Loss Suspense $0.00 Government Subsidy Suspense $0.00 Borrower Subsidy $0.00 Escrow $0.00 Escrow Advance Balance $713.08- Month Payment Breakdown Principal & interest $683.17 Escrow $287.83 Optional Insurance $0.00 Total Mont* Payment $971.00 Past Due Breakdown Number of Payments 1 Payments $971.00 Optional Insurance $0.00 Corporate Advance $0.00 Late Charges $109.32 Insufficient Funds Fees $52.66 Less Forebearance Suspense $0.00 https://www.phfiLorg/ephfatborrowemUrrowerlAspx 7/18/2007 £'d TT£6-6t3L-LIL d6i=T1 La BT Inc Borrower Log In Page 1 of 11 Payment History rn IV i Trans. 199" I?esr iptiQO Interest Pd-.TJ? Ap.m- nt Principal n evert met LaOR Cha. 41113107 Payme 998.33 164.60 518.57 287.83 27.33 7/13107 s roww E 5/01107 2.65 .00 .00 2.65 .00 te l n 7106/07 Fha Mip 5101/07 47.53- .00 .00 47.53- .00 6/18/07 Late Charge 5101/07 27.33 .00 .00 .00 27.33 Billed 6/14/07 Nsf Check 5101/07 22.34 .00 M .00 .00 Charge 6/14/07 Nsf Ch eck 5/01107 4.99 .00 .00 .00 .00 14 Pay ? e: 1107 971.00 6/06/07 Fha Mip 4/01/07 47.53- 5117107 Late Charge 4101/07 27.33 Billed 5/08107 Fha Mip 4/01/07 47.53- 4/26/07 Payment 4101/07 998.33 4/17/07 Late Charge 3/01/07 27.33 Billed 4/04/07 Fha Mip 3/09107 47.53- 4/03/07 County /l?l 3101107 351.38- X 3/31/07 Escrow 3/01107 1.01 3/30107 Nsf Check 3101107 20.01 Charge Pmt Rec- 3/30/07 Corporate 3101107 45.00 Advance 3/30/07 Payment/defer 3101/07 971.00 Late Charge 3130107 Paymentldefer 2/01/07 971.00 Late Charge 3/30/07 Misc Susp Adj 1101/07 2,007.01- 3130107 Pmt Rec-Mist 1/01/07 00 971 Suspense . 3/30107 Pmt ? isc 1101107 998 33 e . https:/Iwwvv.phfa.org/ephfa/borrowersiborrowerI aspx 163.86 519.31 287.83 .00 .00 .00 4.7.53- .00 .00 .00 .00 27.33 .00 .00 47.53- .00 163.13 520.04 287.83 27.33 .00 .00 .00 27.33 .00 .00 47.53- .00 .00 .00 351.38- A0 .00 .00 1.01 AO .00 .00 .00 .00 Other .00 .00 .00 .00 22.34 4.99 AO .00 .00 .00 .00 .00 .00 .00 .00 20.01 .00 .00 .00 .00 45.00 162.40 520.77 287.83 161.68 521.49 287.83 .00 .00 ,00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 2,007.01- .00 971.00 .00 998.33 7/18/2007 b-d TIES-68L-LIL d6ip:II LO Bi ILL' MAR-16-2007 05:56P11 FROM-IRWIN i McKNIGHT LAW OFFICES +7172496354 T-776 P.003/003 F-191 Douglas Miller From: Philip M_ Ritchie [pritchlef sek.com] Sent: Thursday, March 15, 2007 4:32 PM To: Douglas Miller Cc: swfi85@yahoo_com Subject: Rickey Hippensteel Doug, As you are aware, the Shetron Welding & Fabrication, Inc. Pension Plan is holding an account balance in the amount of $23,454.99 which is payable to Rickey Hippensteel, Jr. 5hetron's Pension Plan has been terminated effective as of October 14, 2006, and all participants except Rickey have been paid out. A distribution package was provided to Rickey in November 2006. It is our understanding that Rickey has been unable to persuade his spouse to consent to a lump sum distribution. Accordingly, to be able to terminate the plan in a timely fashion, Ray Cullen as trustee of the plan has indicated that he will instruct Orrstown Bank, the custodian of the Pension Plan assets, to purchase a joint and 50% survivor annuity in the principal amount of $23, 369.89 (net of an $85 processing fee) for Rickey and distribute the policy to him. The QDRO or divorce settlement will have to determine what will ultimately happen to the annuity. Please let me know If you have any questions. Ray is planning to send a letter of instruction to the bank early next week to finalize the distribution. Thanks. Phil Phil lkchie, CPA Smith Elliott Kearns & Company, LLC 804 Wayne Avenue Chambersburg, PA 17201 Phone: 717-263-M10, ext. 147 Fax: 717-263-1787 E-mail. odwI A-1-m.com For copies of IRS for= handy financial calculators or the latest in tax tips check our websim at www.sel:.coms To ensure compliance with U.S. Treasury rules. unless expressly stated otherwise, any U.S. Tax advice contained in this communication (including attachments) is not intended or written to be used, and cannot be used, by the recipient for the purpose of 1) avoiding penalties that ray be imposed under the internal Revenue Code, or 2) promoting, marketing or recommending to another parry any tax-related matters addressed in this communication. CONFTDENTL41A Y Y NOTICE: This message may contain confidential and privileged information intended for the use of the addressee(s) named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, or reproduction of this message, partial or in its entirety is prohibited. If you have received tills message in error, please notify the sender immediately. 3/16/2007 s tam= 00M 7c c -5 r+ e+ r. 0 019 ul V to N C D 4+ f J, ril 0 c C7 rt - CD M M x C in :1 9M A m 0 Z t0 fD CL 00 0 ICD° O 10 O IO _ T M 4. " M w ? r 10 ?. r f+ <0 M O a Z H ??pp m m r n - -1 d N (Nit -n - 7 ? c A_ v N , g A N -O o ? C r <D A H N 9+ o 0 o 0 0 0 0 o r 0 at aq aq a 7 0 0 0 0 o 0 m?? "icc s m ' < ?. • r" m Z ran r M d M -I • A O 3 C N ' m p rn 1 z M m -n z in 0 a ° fD f?/1 N m vM N Ul C rt - - - - 3 ? o: C - o o• •o _ o o cam'. :y N O-_ 0=? - c 0- ? v a Z Nao r e C O- : • +0 t = ??o .•t r = rnr C.x 'D M 0 - D c M I -4m SP n 0 ) i 4Pb -4 = I tam 0 _ wagAr °a 0 C)„ _ oil " to z 70 0 z 0 = w D c tQ w v ,V Q z N O O 3 N 70 r- m X 9 rn 71Z r+ < 0 S 0 0 O C M W 20 r- C) 20 r- C? CD rn CD , c C) n < ? m t m m C v rn v 1 i r+ S f F+ 3. O -+ O rD C < =r -C OD M no 3 -S 'S - D 0 3 v 00 --n Z: D ?n v r- z .?, sM Co. of < - G n m z n d a -d n Q w j CO N ? n A V V r? r TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT : OF PENNSYLVANIA, : CUMBERLAND COUNTY : NO. 04-6507 : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-mention action for the Plaintiff, TONYA L. HIPPENSTEEL, per her request. Respectfully submitted, Date: ? d I c3$ - Hannah Herman - Snyder Griffie and Associates Attorney ID # 9I!S 31 200 N. Hanover Street Carlisle, PA 17013 (717) 243-5551 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-mention action for the Plaintiff, TONYA L. HIPPENSTEEL, per her request. Respectfully submitted, WALZ & WALZ, ATTORNEYS AT LAW, P.C. Date: 3 th T. Walz ttorney ID #06349 341 Market Street Newport, Pennsylvania 17074 (717) 567-6993 t- .. tea. f Li C rn tv TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04 - 6507 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Douglas G. Miller, Esquire, attorney for the Defendant in the above-captioned matter, hereby agree on behalf of my client, Rickey E. Hippensteel, Jr., to accept service of the Complaint which was filed on December 28, 2004. Do as G /Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Date: January 2, 2005 nLL r n fli .;... _ FTA TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2004 - 6507 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 28, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: U3240? t/Ll NY . HIPPEN EL Plaintiff = C? =rt _`" i ...... 'JO TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2004 - 6507 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?a OQ ?? Date: T RYA . HIPPENS EL Plaintiff ?A ?- ?_-? .,?.,, T ? -r1 ,, ,,? --y : , 5 ?. ? .? ?,? ,G ? t i"? .- t ? K? f ? TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2004 - 6507 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3 - /a -6? 1 J, f RIC Y E. H PENSTE L, JR. Defendant Fib rv tl?Ti T 1 l TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2004 - 6507 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 28, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: 3-1d -09 f RICVWY E. H PENSTE , JR. Defendant -TI T r1y T 4"`ti7 F? ?F~j, C . 7 r ?} TONYA L. HIPPENSTEEL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION -LAW RICKEY E. HIPPENSTEEL, JR. : IN DIVORCE Defendant : NO. 2004-6507 E %-t ty s %,4 :4 A ?'l t TMS AGMAMM, made this ?fday of ffl"iw , 2008 by and between RICKEY E. HIPPENSTEEL, JR., hereinafter referred to as "HUSBAND", and TONYA L. HIPPENSTEEL, hereinafter referred to as "WIFE", bRIEREAS, Husband and Wife were lawfully married in Cumberland County, Pennsylvania on July 17, 1999; MEWAS, differences have arisen between Husband and Wife in consequence of which they have determined they shall live separate and apart from each other, and that they shall be divorced from the bonds of matrimony. Wife has filed for a no-fault divorce. WEEPXAS, Husband and Wife 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 relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. R0WTHEREFOPA for and in consideration of the mutual promises herein contained, and in consideration of other good and valuable considerations, and intending to be legally bound hereby, the parties mutually promise, covenant and agree as follows: 1. Agreement Not A Bar To Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such 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 which have occurred prior to or which may occur subsequent to the date hereof. 2. Effect Of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. Personal Rights: A. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. B. Each party shall be free from interference, authority, and contact by the other, as fully as if 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 or 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 4. Entire Agreement: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warrantees between the parties other than those set forth herein. 5. Discoverv/Financial Disclosure: The parties agree and acknowledge that they have each had an opportunity to conduct discovery and investigation of the assets and debts of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income, as well as debts, to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets and debts, whether separate or marital, prior to entry into this Agreement. Both Husband and Wife acknowledge that they have had full and fair disclosure of all assets and debts prior to the execution of this Agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties' income and financial condition. 6. Debts and Bank Accounts of the Parties: Each party warrants to each other that during their marriage and during their separation, he or she respectively has not and/or will not contract or incur any debt or liability for which he and she respectively or his or her estate might be responsible, and shall indemnify and save harmless Husband or Wife from any and all claims or demands made against him or her, respectively, by reason of any such debts or obligations incurred by him or her as described herein. The contents of any bank accounts in the individual name of either party shall be retained in its entirety by the party in whose name the bank account currently is held and each party waives, renounces, and relinquishes his/her respective marital right to claim any of the contents of said bank accounts titled in the other party's name. 7. Spousal Support. Alimony Alimony Pendente Lite, Counsel Fees and Costs: Husband and Wife each waive his/her claim for spousal support, alimony, alimony pendente lite, counsel fees and costs. 3 8. Real Estate and Retirement accounts: The parties agree that they are the joint owners of real estate located at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania, which parcel of real estate consists of the marital home on approximately 1.03 acres and valued at $157,700.00 by John Leidy, of Central Penn Real Estate, a licensed real estate appraiser. Said property is encumbered with a mortgage held by Pennsylvania Housing Finance Agency, with a balance due as of August 13, 2007, in the amount of $115,938.45. Said mortgage is currently in delinquent status and subject to threat of foreclosure. Said mortgage is in the joint names of both Husband and Wife; however Husband was granted the exclusive possession of the marital home, and has been paying the mortgage, albeit late paying, over the course of the separation period. A. Contingent Right of Occupancy and Possession: In the event that Husband cures the outstanding mortgage delinquency and satisfies all mortgage payments due and owing for the remainder of the 2008 calendar year and is able to refinance the mortgage obligations to remove Wife from the current liability on or before December 31, 2008, Husband shall have the sole right of ownership, possession, and to occupy the premises at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania (hereinafter the "Residence"). In the meantime, during such occupancy, Husband shall pay within their due dates: a. All real estate taxes, assessments, and monetary impositions of any nature, including water, sewer, and refuse charges and bills for utilities used on the premises; b. Homeowners' insurance premiums of a type and in an amount mutually satisfactory to the parties; C. All maintenance costs required to keep the premises in as good a state of repair as exists as of the signing of this agreement; and d. All mortgage payments, mortgage insurance and all other charges made by any lender on or before the first of each month. Husband shall cure the currently existing mortgage delinquency immediately using half of the net proceeds of Husband's 401(k) which has been rolled over into an IRA per prior agreement of the parties by Direct Rollover known as Ameriprise Financial Services, 4 Account #711483321021, 70100 AMP Financial Services, Minneapolis, MN 55474. The other half of the net proceeds of Husband's 401(k) shall be retained in the current IRA account, without further withdrawal, until January 1, 2009. Upon Husband successfully complying with all provisions of this paragraph, Husband shall be entitled to the remaining balance of the IRA account with said monies to be used by Husband as may be necessary for the refinancing of the Residence. A new Deed evidencing the change of title shall then be prepared and recorded with the cooperation of both parties at Husband's expense. Wife shall then be removed from the deed as well as the mortgage and shall not be liable for any expenses or claims regarding the Residence property. Husband shall bear all tax consequences of withdrawing the funds from Husband's 401(k), now IRA, account. No exceptions shall be made by either party regarding the provisions of this paragraph. B. Failure by Husband to Comply with Paragraph A. In the event Husband fails to cure the outstanding mortgage delinquency, does not make all 2008 mortgage payments on or before the first day of the month in which they are due, and/or does not refinance the current mortgage obligation so as to remove Wife from any financial obligation related to the marital residence on or before December 31, 2008, the parties agree that the following will occur immediately in the event of any one (1) event of default described above: a. The remaining portion of Husband's 401(k), now IRA, account will be transferred to Wife alone. To facilitate the exchange, Wife shall arrange for a similar Direct Rollover of the entire balance in the Account 711483321021 from Ameriprise Financial Services to an IRA of her choice and in her name and shall supply Husband with the paperwork. Husband agrees to sign all necessary paperwork within five (5) days for the Direct Rollover of the IRA into Wife's name; b. Wife will retain her portion of the equity in the Residence; C. Husband and Wife will cooperate immediately upon the occurrence of any default to list the Residence for sale with a licensed real estate agent at fair market value; 5 d. Husband shall nevertheless pay all mortgage payments incurred prior to his default and including all periods of his occupancy, which shall not extend in any event beyond January 31, 2009; e. Husband shall vacate the Residence and Wife shall be granted exclusive possession of the Residence within one (1) month of any default, but no later than February 1, 2009; f. Both parties agree to fully cooperate with the sale of the Residence to any purchaser making an offer in excess of the outstanding principal value of the mortgage owed; g. Wife shall nevertheless have the option to purchase the Residence at her sole election in the amount of the appraised value as determined by John Leidy, of Central Penn Real Estate minus the gross value of any retirement withdrawals by Husband. In such an event, Wife shall satisfy the current mortgage obligation and pay Husband one-half of the difference after reductions for any outstanding monthly mortgage payment obligations of Husband, any damages as described below, and Husband's portion of the real estate taxes, unpaid utilities, or other property assessments; h. Regardless of the identity of the purchaser of the Residence, Husband shall compensate Wife for any and all damages to the Residence which may appear, it being agreed that the property was undamaged at the time of the 2007 appraisal procured by Wife, and remained so. The amount of said damages may be deducted from Husband's portion of the proceeds at the closing for the sale of the Residence if such proceeds are available, otherwise Husband shall pay for such damages upon demand; and i. The parties agree to equally be liable for the mortgage payments for February 2009 and future payments beyond that date until the Residence is sold. The parties agree to make said payments prior to the first day of the month the payment is due. With regard to all other retirement plans, pension plans, IRA's and other such retirement savings plans collectively referred to herein as retirement plans, that either Husband and or Wife has acquired over the course of the marriage, each party hereby relinquishes and releases 6 his/her marital interest in said retirement plans (not including the IRA held by Ameriprise Financial Services.) 9. Personal Property Because the parties have been separated for almost three years, they have each received most of the personal property from the marital estate, except that Wife shall receive the children's Birth Certificates, Baby Books, and Savings Bonds in the names of the children with the name of Wife as Trustee. These items shall be delivered to Wife within five (5) days of the execution of this agreement. Except for the above described personal property, whatever remains in or around the house after that period shall thereafter be the sole possession of Husband. 10. Automobiles: Wife shall retain full title and possession of her 1998 Chevrolet Malibu that is in her sole name, free from any claim or demand by Husband. Wife shall hereafter be responsible for and hold Husband harmless from any and all insurances, costs, and liabilities associated with the use and purchase of any vehicle she may own. Said vehicle is titled in Wife's name alone, and there is no loan against the vehicle. Husband shall retain his vehicle 1996 Ford F150 Pick-up Truck that is in his sole name, free from any claim or demand by Wife. Husband shall be responsible for and hold Wife harmless from any and all insurances, costs, and liabilities associated with his vehicle(s). Said vehicle is titled in Husband's name alone, and there is no loan against the vehicle. 11. Insurances: Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any insurance policy or insurance account of the other party, acquired in the past or future by the other party, whether acquired through said party's employment or otherwise. Hereafter, the insurance policies shall become the sole and separate property of the party in whose name or through whose employment said policy or account is held or carried. As of the date of this Agreement, neither party shall be obligated to maintain any life insurance policy on himself or herself for and on behalf of the other. Neither party shall be the beneficiary of any life insurance policy that insures the life of the other. Each party specifically releases, waives and forever discharges any right that he or she may have now or in the future as 7 beneficiary or named beneficiary of life insurance or death benefits of the other. Each party forever releases and discharges the other from any claim or action for such rights. 12. Child Support and Tax Exemptions Wife hereby agrees to terminate the current child support obligation without prejudice to her ability to refile for child support in the future. Both parties agree to waive any retroactive adjustment to the support for any time prior to the date of the agreement. Both parties agree to sign any and all necessary documentation at Domestic Relations in order to confirm this Agreement. The parties also agree that while they have shared physical custody they will equally divide the right to claim dependency exemptions, child tax credits, and any similar existing or future tax benefits available by virtue of the parties' minor children. 13. Modification to Existing _Custodx Schedule: The parties agree to maintain the current custodial arrangement except as follows: A. In even numbered years, Wife shall have physical custody of the children beginning the Saturday before Easter at 5:00 p.m. until Easter Sunday ending at 5:00 p.m. Husband shall have physical custody of the children beginning 5:00 p.m. Easter Sunday and ending 5:00 p.m. the next day. In odd numbered years, Husband shall have physical custody of the children beginning the Saturday before Easter at 5:00 p.m. until Easter Sunday ending at 5:00 p.m. Wife shall have physical custody of the children beginning 5:00 p.m. Easter Sunday and ending 5:00 p.m. the next day. The parties agree to cooperate in executing any and all documents necessary to formalize this portion of the agreement in an Order in the Court of Common Pleas in the County having jurisdiction over the custody matter. 14. No-Fault Uncontested, Consent Divorce: Husband and Wife acknowledge that the marriage has become such that they have to live separate and apart from each other. Wife has filed for a no-fault divorce. It is agreed that both parties will be cooperative in obtaining the divorce and that both parties will promptly reply to all requests by the other party related to obtaining the divorce., including the prompt signing of the Consents and Waivers immediately upon request. 8 15. Mutual Release: Husband and Wife each does hereby mutually release, remise, quit-claim and forever discharge the other and the estate of the 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 each other, of whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may have against each other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's rights or widower's rights, family exemption or similar allowance, or under the Intestate Law, or the rights to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of the surviving spouse to participate in a deceased spouse's estate or any right which a wife or a husband may have or at any time hereafter may have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or otherwise, 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 part hereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full and complete general release with respect to any and all property of any kind or nature, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatever nature arising or which may arise under this Agreement or for the breach of any part of this Agreement, subject, however, to the implementations and satisfaction of the conditions precedent as set forth herein above. 16. Mutual Cooperation: Husband and Wife agree that each will forthwith (and within at least thirty (30) days after demand therefore) execute any and all writings, instruments, assignments, or releases, satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the proper effectuation of this Agreement. 17. Modification and Waiver: A modification or waiver of any 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 9 party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 18. Negotiations By Parties: Each party acknowledges that the terms of this Agreement were negotiated directly by each other. Each party has instructed his or her attorney to refrain and each party has himself and herself refrained from undertaking formal discovery proceedings, accounting procedures or other investigative efforts authorized by law in order to obtain an early, amicable and expeditious settlement of the dissolution of their marriage. Each party further agrees and acknowledges that his or her attorney has not undertaken any independent investigation or engaged in formal or informal discovery proceedings relating to the extent or value of assets described herein, but has relied solely upon information supplied by the parties relating to those matters and upon the terms and conditions negotiated by the parties, and any appraisals that might have been obtained by the parties. 19. Advice of Counsel: This Agreement contains the entire understanding of the parties who expressly acknowledge that this Agreement has been entered into by his or her own volition, with full knowledge of the facts and full information as to the legal rights and liabilities of each other, after consultation with counsel of his or her own choosing, or being informed to retain counsel of his or her own choosing, and each believes this Agreement to be reasonable under the circumstances, being fully informed of all property owned by each other, and each hereby acknowledges that there have been and are no representations, warranties, covenants or agreements other than those expressly set forth herein. WIFE IS REPRESENTED BY ATTORNEY JUDITH T. WALZ; HUSBAND IS REPRESENTED BY DOUGLAS G. MILLER. 20. Tax Advice: Each party acknowledges that his or her counsel has not made any representations to that party regarding the tax consequences or tax effect of any of the matters set forth herein, and has instead advised him or her to seek the assistance of an accountant or tax attorney to provide advice as to the tax consequences of this Agreement or any ramifications thereof, and that each party's counsel has given no recommendation, advice, opinion or statement concerning the tax consequences of this Agreement. 10 21. Agreement Binding on Heirs: The death of either parry hereto shall not terminate the requirements of this Agreement for any and all payments or settlements to be made hereunder. Any payments or obligations due hereunder shall be made or fulfilled by the personal representative or executor of the deceased from his or her estate. This Agreement shall be binding upon the heirs, executors, administrators, legal representatives and assigns of both parties hereto. 22. General Duty to Indemnify: Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other party is or may be liable. Each party covenants that if any claim, action or proceeding is initiated seeking to hold the other parry liable for any debt, obligation, liability, act, or omission related to the marriage of the parties for which that party is responsible under the terms of this Agreement, the responsible party will, at his or her sole expense, defend the other against the claim, action, or proceeding. In addition, each parry covenants that he or she will indemnify and hold harmless the other party with respect to all Damages resulting from the proceeding. The term "Damages", as used in this Agreement, shall include, without limitation, any loss, cost or other liability that results from the prosecution of any claim, action, or proceeding, including reasonable attorneys' fees and other expenses incurred m the prosecution of the claim, action, or proceeding or in an attempt to avoid such litigation. To be includible, "Damages" must result from an inaccurate representation made by or on behalf of either party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises or obligations made by or incurred by either party in or pursuant to this Agreement. Each parry agrees to give the other prompt written notice of any litigation, demand, claim, action or preceding that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this paragraph. 23. Headings Not a Part of Agreement: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 11 24. Void Clauses and Severability: 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. 25. Warranty: Husband and Wife acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 26. Law of Pennsylvania Applicable: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 27. Agreement Part of Divorce Decree: Husband and Wife agree that this Agreement is to have all the force and effect of a Court Order, and, upon Divorce, shall be included as part of the Divorce Decree. 28. Survival Beyond Divorce Decree: The parties hereby acknowledge that they have accepted the within Marital Settlement Agreement as a final settlement for all purposes whatsoever between themselves as contemplated by the Pennsylvania Divorce Code. Should a Decree, Judgment, or Order of Separation of a Divorce be obtained by either of the parties in this or any other state, each of the parties hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation or divorce; and nothing in any such Decree, Judgment, or 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 being understood by and between the parties that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of Divorce or Separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any Divorce, Judgment or Decree for the purposes of enforceability only. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment or Decree, and to be forever binding and conclusive upon the parties. 12 29. Date of Execution: The "date of execution", "execution date" or "date of signing" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution", "execution date" or "date of signing" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 30. Effective Date: This Agreement shall be immediately effective upon execution by both parties. 31. Sanctions for Non-Compliance: In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms hereof, the breaching party will pay all attorneys' fees, court costs and expenses (including interest and travel costs if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and attorneys' fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] 13 IN WITIGM MMEMOF, the parties have signed this Agreement on the day and year first above written. Wfflw m: oJ? SEAL I'll NV-NYAJL. PEN EL (SEAL) TH T. WALZ omey for TONYA L.HIPPENSTEEL -)&JAZ I WVZgeOJL cG (SEAL) RIC Y E. H ENSTEEL, . (SEAL) D UG S G. MILLER Attorney for RICKEY E. HIPPENSTEEL, JR. 14 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ( ' ?I Personally appeared before me, the undersigned officer, this day of 2008, TONYA L. HIPPENSTEEL, known to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. %,UMMUNWEALTH OF PENNSYLVA Notarial Seal Commission Expires: Karen S. Noel, Notary Public Carlisle Boro, Cumberland County W Commission E)ires Dec. 8, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND Personally appeared before me, the undersigned officer, this - /-V day of I I?1l?1 , 2008, RICKEY E. HIPPENSTEEL, JR., known to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my handAnd seal. COMMONWEALTH er- pllNNIV My Commission Expires: Notarial Seal Karen s. Noel, Notary Public Cadisle SOro, Cumberland W Commies E)Vires Dec. 8?? 1 Member, Pennsvlvae i assxiation of Notaries 15 f. ('wf _r t l r TONYA L. HIPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT : OF PENNSYLVANIA, : CUMBERLAND COUNTY : NO. 04-6507 IN DIVORCE PETITION TO VACATE APPOINTMENT OF MASTER TO THE HONORABLE JUDGE EDGAR B. BAYLEY: NOW COMES Tonya L. Hippensteel, Plaintiff in Divorce, by her attorneys, Walz & Walz, Attorneys at Law, P. C., and respectfully represents as follows: 1. Petitioner is Tonya L. Hippensteel, who currently resides at 217 Pike Road, Landisburg, Pennsylvania, 17040, Perry County, where she has resided since August of 2004. 2. Respondent is Rickey E. Hippensteel, Jr., who resides at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania. 3. By Court Order dated March 5, 2007, (attached hereto, made apart hereof and marked as Exhibit A) E. Robert Elicker, II, Esquire, was appointed as Divorce Master in this matter y the Honorable Judge Edgar B. Bayley. 4. A pre-hearing conference was held with the Divorce Master on November 9, 2007; but a date had not been set for the actual hearing. 5. The parties entered into a Marital Settlement Agreement on March 12, 2008, which is being filed this date. 6. A Praecipe to Transmit Record for the entry of a Divorce Decree, along with the required waivers and consents is being filed simultaneously with this Petition. 7. The need for a Divorce Master no longer exists. WHEREFORE, Petitioner prays your Honorable Court to enter an Order vacating the appointment of the Divorce Master and directing that payment be made to the Master for any and all fees incurred by him. Respectfully submitted, Date: ?? i T. Walz upreme Court I.D. No. 06349 Walz & Walz, Attorneys at Law, P.C. 341 Market Street Newport, PA 17074 (717) 567-6993 VERIFICATION I, TONYA L. HIPPENSTEEL, Plaintiff/Petitioner, verify that the statements made in this Petition 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: 20 Q k YONVA L. HIPPE TEEL 'VAR o 1 zuu7f?` TONYA L. HIPPENSTEEL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA, V. : CIVIL ACTION - LAW RICKEY E. HIPPENSTEEL, JR. : NO. 04-6507 Defendant : IN DIVORCE ORDER AND NOW, this ur day of 2007, ftZk? -7r-, is hereby appointed Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. to Testimony whereof, I here ufdo set my I" ind the seal of said Court at Cad W PL fhf s ay o ,..., . Proth?ar' By the Court: MOVING PART.( Tonya L. Hippensteel Judith T. Walz, Esquire 341 Market Street Newport, PA 17074 (717) 567-6993 NON-MOVING PARTY Rickey E. Hippensteel, Jr. Douglas G. Miller, Esquire Irwin & McKnight W. Pomfret Prof. Bldg 60 W. Pomfret Street Carlisle, PA 17013 (717) 249-2353 a t y rT p) ,r 1 APR 0 8 2008 TONYA L. MPPENSTEEL, Plaintiff V. RICKEY E. HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9"" JUDICIAL DISTRICT : OF PENNSYLVANIA, : CUMBERLAND COUNTY : NO. 04-6507 INDIVORCE ORDER AND NOW, this day of , 2008, it is ORDERED and DIRECTED that the appointment of E. Robert Elicker, II, Esquire, as Divorce Master in the above-captioned matter is hereby vacated. It is further ORDERED and DIRECTED that payment be made to the said E. Robert Elicker, II, Esquire, for any and all fees incurred by him in this matter. MOVING PARTY To L. Hippensteel dith T. Walz, Esquire 341 Market Street Newport, PA 17074 (717) 567-6993 ?T?.o o/ NON-MOVING PARTY Rickey E. Hippensteel, Jr. ,;)euglas G. Miller, Esquire Irwin & McKnight West Promfret Prof. Bldg. 60 W. Pomfret Street Carlisle, PA 17013 (717) 249-2353 a ? ? ;?`-? ? ? ? ' ?'Q;; '?-? ?? :?? c? ? _a taG ?` i?3 roc "?"?." `i cc U TONYA L. HIPPENSTEEL, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 6507 CIVIL RICKEY E. HIPPENSTEEL, JR.,: Defendant IN DIVORCE ORDER OF COURT AND NOW, this Ir6k day of , 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 12, 2008, 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, W?CAVj)9!'AX cc: ./Judith T. Walz Attorney for Plaintiff ,,,?ouglas G. Miller Attorney for Defendant a&rf-S rn"L oy/<< joe Edgar B. Bayley, P.J. >-- cn rc -- L, s t CD LL C? _ ; LA- ?; Lj- Lv c s c? N TONYA L. HIPPENSTEEL, Plaintiff V. RICKY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, NO. 2004-6507 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. Grounds for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. The Divorce Complaint was filed on December 28, 2004. 2. Date and Manner of Service of Complaint: The original Complaint in Divorce was served upon Defendant's Attorney, Douglas Miller, by regular United States Mail as evidenced by the acceptance of service filed of record on March 18, 2008 and dated January 2, 2005. 3. Date of Execution of the Affidavit of Consent Required by &3301(0 the Divorce Code: By Plaintiff. March 12, 2008 By Defendant: March 12, 2008 4. Related Claims Pending: The marital assets of the Plaintiff and Defendant have been settled by a Marital Settlement Agreement as evidenced by the executed attached original and dated March 12, 2008. 5. Date and Manner of Service of the Notice of Intention to File Praecipe to Transmit Record: (a) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Attached and entered on record with Praecipe to Transmit Record. (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Attached and entered on record with Praecipe to Transmit Record. r Date:, 2008 dith T. Walz Attorney ID #06349 WALZ & WALZ, Attorneys at Law, P.C. 341 Market Street Newport, PA 17074 (717) 567-6993 Attorney for Plaintiff 71 . 7-E + + + I N THE COURT OF COMMON PLEAS + OF CUMBERLAND COUNTY + + STATE OF PENNA. + + + + + TONYA L. HIPPENSTEEL -? r + + Plaintiff NO. 2004 - 6507 + VERSUS + + RICKEY E. HIPPENSTEEL, JR. + Defendant + + DECREE IN + + + + + IVORCE + + + + AND NOW f44, IT + + , IT IS ORDERED AND + + DECREED THAT TONYA L. HIPPENSTEEL , PLAINTIFF, + + AND RICKEY E. HIPPENSTEEL. JR DEFENDANT, + + ARE DIVORCED FROM THE BONDS OF MATRIMONY. + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CL AIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT + YET BEEN ENTERED; 00vul '- The Marital Settlement Agreement dated March 12, 2008, is + + hereby incorporated into this decree but not merg ed + + + BY THE RT: + + 0-9 ATTEST: J. + PROTHONOTARY + + + t C CAM P I TONYA L. HIPPENSTEEL, n/k/a TONYA MENTCH, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6507 CIVIL ACTION - LAW IN DIVORCE PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT 1. The parties hereto were husband and wife having been joined in marriage on July 17, 1999 and having been divorced by Decree of this Honorable Court on April 17, 2008. A copy of the Decree in Divorce to which is attached the Marital Settlement Agreement of March 12, 2008 is attached hereto as Exhibit "A". 2. At the time of the Agreement, Respondent Husband was occupying the marital home at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania. The home was encumbered by a mortgage held by Pennsylvania Housing Finance Agency with a balance due, as of August 13, 2007, of $115,938.45, which mortgage was in the names of both Husband and Wife. 3. According to paragraph 8(a), Husband was granted ownership of the marital V SAMIS, FLOWER & I NDSAY Rialayn .LW 26 West High Street Carlisle, PA home provided on or before December 31, 2008, he cured an outstanding delinquency on the mortgage, "satisfy[ied] all mortgage payments due and owing for the remainder of the 2008 calendar year" and refinanced the mortgage so that Wife was no longer liable on it. 4. In the event Husband failed to meet one of the conditions in paragraph 8(b) of the Agreement, the parties agreed that there would be the following consequences: If a. The balance of Husband's 401(k) plan which had been rolled into an IRA by agreement of the parties, one-half of the value of which had been accessed by Husband, would be directly rolled over into an account of Wife's choice; b. Wife would retain her portion of the equity in the residence in equitable distribution; C. The parties would immediately list the property for sale; and d. Husband would pay the mortgage on the property in January, vacating by February 1, 2009. 5. Husband failed to refinance the house on or before December 31, 2008. 6. On January 8, 2009, undersigned counsel for the Plaintiff provided to Husband's counsel the ownership/annuitant form required to transfer the IRA from Husband to Wife pursuant to paragraph 8(B)(a) of the parties' Marital Settlement Agreement, which requires Husband to sign all necessary paperwork within five days for the direct rollover of the IRA into Wife's name. 7. Five days have passed and Husband has failed or refused to execute the documents necessary to effect the direct rollover. 8. Paragraph 31 of the parties' Marital Settlement Agreement states that "in the FLOWERR ? LINDSAY 26 West High Street Carlisle, PA event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms hereof, the breaching party will pay all attorney's fees, court costs and expenses... which are incurred by the other party in enforcing the Agreement...." 9. Undersigned counsel for the Plaintiff has sought the concurrence of Defendant's counsel who does not agree with the relief requested. 10. The Honorable Kevin A. Hess has previously heard matters in this case. WHEREFORE, Petitioner prays this Honorable Court to order Respondent to execute the ownership/annuitant form supplied to him on January 8, 2009 and to vacate the home is effective February 1, 2009, having made the payment on the mortgage for January 2009 and to cooperate as set out in the Agreement to list the property for sale and to pay reasonable attorney's fees incurred by the Plaintiff to enforce the Agreement. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, s uire Supreme Court . 44693 26 West High S et Carlisle, PA 17013 717-243-6222 Dated: 1 Z Z 107 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA IN THE COURT OF COMMON PLEAS + OF CUMBERLAND COUNTY + STATE OF PENNA. fo . TONYA L. HIPPENSTEEL Plaintiff No. 2004 - 6507 VERSUS RICKEY E. HIPPENSTEEL, JR. Defendant DECREE IN DIVORCE AND NOW, APRIL 17 2008 , IT IS ORDERED AND DECREED THAT TONYA L HIPPENSTEEL PLAINTIFF, AND RICKEY E HIPPENSTEEL., JR_ DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE The Marital Settlement Agreement dated March 12, 2008, is hereby incorporated into this decree but not merged. BY THE COURT: /s/ Edgar B Bayley ATTEST: / / J. PROTHO O ARY ied Copy Issued TONYA L. HIPPENSTEEL, Plaintiff RICKEY E. HIPPENSTEEL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION -LAW : IN DIVORCE : NO. 2004-6507 aAtrr?. s? Afin?rrr TMS A I '!', made this O'kday of , 2008 by and between RICKEY E. HIPPENSTEEL; JR., hereinafter referred to as "HUSBAND", and TONYA L. HIPPENSTEEL, hereinafter referred to as "WIFE", MiEREM, Husband and Wife were lawfully married in Cumberland County, Pennsylvania on July 17, 1999; 1kS, differences have arisen between Husband and Wife in consequence of which they have determined they shall live separate and apart from each other, and that they shall be divorced from the bonds of matrimony. Wife has filed for a no-fault divorce. 1?ikS, Husband and Wife 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 relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOlKTHFJtEF0M for and in consideration of the mutual promises herein contained, and in consideration of other good and valuable considerations, and intending to be legally bound hereby, the parties mutually promise, covenant and agree as follows: 1. Agreement Not A Bar To Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either parry. 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 which have occurred prior to or which may occur subsequent to the date hereof. 2. Effect Of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. Personal Rights. A. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. B. Each party shall be free from interference, authority, and contact by the other, as fully as if 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 or 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 4. Entire Agreement: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warrantees between the parties other than those set forth herein. 5. Discoverv/Financial Disclosure: The parties agree and acknowledge that they have each had an opportunity to conduct discovery and investigation of the assets and debts of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income, as well as debts, to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets and debts, whether separate or marital, prior to entry into this Agreement. Both Husband and Wife acknowledge that they have had full and fair disclosure of all assets and debts prior to the execution of this Agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties' income and financial condition. 6. Debts and Bank Accounts of the Parties: Each party warrants to each other that during their marriage and during their separation, he or she respectively has not and/or will not contract or incur any debt or liability for which he and she respectively or his or her estate might be responsible, and shall indemnify and save harmless Husband or Wife from any and all claims or demands made against him or her, respectively, by reason of any such debts or obligations incurred by him or her as described herein. The contents of any bank accounts in the individual name of either party shall be retained in its entirety by the party in whose name the bank account currently is held and each party waives, renounces, and relinquishes his/her respective marital right to claim any of the contents of said bank accounts titled in the other party's name. 7. Spousal Sunnort. Alimony Alimony Pendente Lite, Counsel Fees and Costs: Husband and Wife each waive his/her claim for spousal support, alimony, alimony pendente lite, counsel fees and costs. 3 8. Real Estate and Retirement accounts: The parties agree that they are the joint owners of real estate located at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania, which parcel of real estate consists of the marital home on approximately 1.03 acres and valued at $157,700.00 by John Leidy, of Central Penn Real Estate, a licensed real estate appraiser. Said property is encumbered with a mortgage held by Pennsylvania Housing Finance Agency, with a balance due as of August 13, 2007, in the amount of $115,938.45. Said mortgage is currently in delinquent status and subject to threat of foreclosure. Said mortgage is in the joint names of both Husband and Wife; however Husband was granted the exclusive possession of the marital home, and has been paying the mortgage, albeit late paying, over the course of the separation period. A. Contingent Right of Occupancy and Possession: In the event that Husband cures the outstanding mortgage delinquency and satisfies all mortgage payments due and owing for the remainder of the 2008 calendar year and is able to refinance the mortgage obligations to remove Wife from the current liability on or before December 31, 2008, Husband shall have the sole right of ownership, possession, and to occupy the premises at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania (hereinafter the "Residence"). In the meantime, during such occupancy, Husband shall pay within their due dates: a. All real estate taxes, assessments, and monetary impositions of any nature, including water, sewer, and refuse charges and bills for utilities used on the premises, b. Homeowners' insurance premiums of a type and in an amount mutually satisfactory to the parties; C. All maintenance costs required to keep the premises in as good a state of repair as exists as of the signing of this agreement; and d. All mortgage payments, mortgage insurance and all other charges made by any lender on or before the first of each month. Husband shall cure the currently existing mortgage delinquency immediately using half of the net proceeds of Husband's 401(k) which has been rolled over into an IRA per prior agreement of the parties by Direct Rollover known as Ameriprise Financial Services, 4 Account #711483321021, 70100 AND Financial Services, Minneapolis, MN 55474. The other half of the net proceeds of Husband's 401(k) shall be retained in the current IRA account, without further withdrawal, until January 1, 2009. Upon Husband successfully complying with all provisions of this paragraph, Husband shall be entitled to the remaining balance of the IRA account with said monies to be used by Husband as may be necessary for the refinancing of the Residence. A new Deed evidencing the change of title shall then be prepared and recorded with the cooperation of both parties at Husband's expense. Wife shall then be removed from the deed as well as the mortgage and shall not be liable for any expenses or claims regarding the Residence property. Husband shall bear all tax consequences of withdrawing the funds from Husband's 401(k), now IRA, account. No exceptions shall be made by either party regarding the provisions of this paragraph. B. Failure by Husband to Comply with Paragraph A. In the event Husband fails to cure the outstanding mortgage delinquency, does not make all 2008 mortgage payments on or before the first day of the month in which they are due, and/or does not refinance the current mortgage obligation so as to remove Wife from any financial obligation related to the marital residence on or before December 31, 2008, the parties agree that the following will occur immediately in the event of any one (1) event of default described above: a. The remaining portion of Husband's 401(k), now IRA, account will be transferred to Wife alone. To facilitate the exchange, Wife shall arrange for a similar Direct Rollover of the entire balance in the Account 711483321021 from Ameriprise Financial Services to an IRA of her choice and in her name and shall supply Husband with the paperwork. Husband agrees to sign all necessary paperwork within five (5) days for the Direct Rollover of the IRA into Wife's name; b. Wife will retain her portion of the equity in the Residence; C. Husband and Wife will cooperate immediately upon the occurrence of any default to list the Residence for sale with a licensed real estate agent at fair market value; d. Husband shall nevertheless pay all mortgage payments incurred prior to his default and including all periods of his occupancy, which shall not extend in any event beyond January 31, 2009; e. Husband shall vacate the Residence and Wife shall be granted exclusive possession of the Residence within one (1) month of any default, but no later than February 1, 2009; f. Both parties agree to fully cooperate with the sale of the Residence to any purchaser making an offer in excess of the outstanding principal value of the mortgage owed; g. Wife shall nevertheless have the option to purchase the Residence at her sole election in the amount of the appraised value as determined by John Leidy, of Central Penn Real Estate minus the gross value of any retirement withdrawals by Husband. In such an event, Wife shall satisfy the current mortgage obligation and pay Husband one-half of the difference after reductions for any outstanding monthly mortgage payment obligations of Husband, any damages as described below, and Husband's portion of the real estate taxes, unpaid utilities, or other property assessments; h. Regardless of the identity of the purchaser of the Residence, Husband shall compensate Wife for any and all damages to the Residence which may appear, it being agreed that the property was undamaged at the time of the 2007 appraisal procured by Wife, and remained so. The amount of said damages may be deducted from Husband's portion of the proceeds at the closing for the sale of the Residence if such proceeds are available, otherwise Husband shall pay for such damages upon demand; and i. The parties agree to equally be liable for the mortgage payments for February 2009 and future payments beyond that date until the Residence is sold. The parties agree to make said payments prior to the first day of the month the payment is due. With regard to all other retirement plans, pension plans, IRA's and other such retirement savings plans collectively referred to herein as retirement plans, that either Husband and or Wife has acquired over the course of the marriage, each party hereby relinquishes and releases 6 his/her marital interest in said retirement plans (not including the IRA held by Ameriprise Financial Services.) 9. Personal Property: Because the parties have been separated for almost three years, they have each received most of the personal property from the marital estate, except that Wife shall receive the children's Birth Certificates, Baby Books, and Savings Bonds in the names of the children with the name of Wife as Trustee. These items shall be delivered to Wife within five (5) days of the execution of this agreement. Except for the above described personal property, whatever remains in or around the house after that period shall thereafter be the sole possession of Husband. 10. Automobiles: Wife shall retain full title and possession of her 1998 Chevrolet Malibu that is in her sole name, free from any claim or demand by Husband. Wife shall hereafter be responsible for and hold Husband harmless from any and all insurances, costs, and liabilities associated with the use and purchase of any vehicle she may own. Said vehicle is titled in Wife's name alone, and there is no loan against the vehicle. Husband shall retain his vehicle 1996 Ford F150 Pick-up Truck that is in his sole name, free from any claim or demand by Wife. Husband shall be responsible for and hold Wife harmless from any and all insurances, costs, and liabilities associated with his vehicle(s). Said vehicle is titled in Husband's name alone, and there is no loan against the vehicle. 11. Insurances: Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any insurance policy or insurance account of the other party, acquired in the past or future by the other party, whether acquired through said party's employment or otherwise. Hereafter, the insurance policies shall become the sole and separate property of the party in whose name or through whose employment said policy or account is held or carried. As of the date of this Agreement, neither party shall be obligated to maintain any life insurance policy on himself or herself for and on behalf of the other. Neither party shall be the beneficiary of any life insurance policy that insures the life of the other. Each party specifically releases, waives and forever discharges any right that he or she may have now or in the future as 7 beneficiary or named beneficiary of life insurance or death benefits of the other. Each party forever releases and discharges the other from any claim or action for such rights. 12. Child Support and Tax Exemptions Wife hereby agrees to terminate the current child support obligation without prejudice to her ability to refile for child support in the future. Both parties agree to waive any retroactive adjustment to the support for any time prior to the date of the agreement. Both parties agree to sign any and all necessary documentation at Domestic Relations in order to confirm this Agreement. The parties also agree that while they have shared physical custody they will equally divide the right to claim dependency exemptions, child tax credits, and any similar existing or future tax benefits available by virtue of the parties' minor children. 13. Modification to Existing Custody Schedule: The parties agree to maintain the current custodial arrangement except as follows: A. In even numbered years, Wife shall have physical custody of the children beginning the Saturday before Easter at 5:00 p.m. until Easter Sunday ending at 5:00 p.m. Husband shall have physical custody of the children beginning 5:00 p.m. Easter Sunday and ending 5:00 p.m. the next day. In odd numbered years, Husband shall have physical custody of the children beginning the Saturday before Easter at 5:00 p.m. until Easter Sunday ending at 5:00 p.m. Wife shall have physical custody of the children beginning 5:00 p.m. Easter Sunday and ending 5:00 p.m. the next day. The parties agree to cooperate in executing any and all documents necessary to formalize this poftion of the agreement in an Order in the Court of Common Pleas in the County having jurisdiction over the custody matter. 14. No-Fault, Uncontested, Consent Divorce: Husband and Wife acknowledge that the marriage has become such that they have to live separate and apart from each other. Wife has filed for a no-fault divorce. It is agreed that both parties will be cooperative in obtaining the divorce and that both parties will promptly reply to all requests by the other party related to obtaining the divorce., including the prompt signing of the Consents and Waivers immediately upon request. 8 15. Mutual Release: Husband and Wife each does hereby mutually release, remise, quit-claim and forever discharge the other and the estate of the 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 each other, of whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may have against each other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's rights or widower's rights, family exemption or similar allowance, or under the Intestate Law, or the rights to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of the surviving spouse to participate in a deceased spouse's estate or any right which a wife or a husband may have or at any time hereafter may have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or otherwise, 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 part hereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full and complete general release with respect to any and all property of any kind or nature, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatever nature arising or which may arise under this Agreement or for the breach of any part of this Agreement, subject, however, to the implementations and satisfaction of the conditions precedent as set forth herein above. 16. Mutual Cooperation: Husband and Wife agree that each will forthwith (and within at least thirty (30) days after demand therefore) execute any and all writings, instruments, assignments, or releases, satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the proper effectuation of this Agreement. 17. Modification and Waiver: A modification or waiver of any 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 default of the same or similar nature. 18. Negotiations By Parties: Each party acknowledges that the terms of this Agreement were negotiated directly by each other. Each party has instructed his or her attorney to refrain and each party has himself and herself refrained from undertaking formal discovery proceedings, accounting procedures or other investigative efforts authorized by law in order to obtain an early, amicable and expeditious settlement of the dissolution of their marriage. Each party further agrees and acknowledges that his or her attorney has not undertaken any independent investigation or engaged in formal or informal discovery proceedings relating to the extent or value of assets described herein, but has relied solely upon information supplied by the parties relating to those matters and upon the terms and conditions negotiated by the parties, and any appraisals that might have been obtained by the parties. 19. Advice of Counsel: This Agreement contains the entire understanding of the parties who expressly acknowledge that this Agreement has been entered into by his or her own volition, with full knowledge of the facts and full information as to the legal rights and liabilities of each other, after consultation with counsel of his or her own choosing, or being informed to retain counsel of his or her own choosing, and each believes this Agreement to be reasonable under the circumstances, being fully informed of all property owned by each other, and each hereby acknowledges that there have been and are no representations, warranties, covenants or agreements other than those expressly set forth herein. WIFE IS REPRESENTED BY ATTORNEY JUDITH T. WALZ; HUSBAND IS REPRESENTED BY DOUGLAS G. MILLER. 20. Tax Advice: Each party acknowledges that his or her counsel has not made any representations to that party regarding the tax consequences or tax effect of any of the matters set forth herein, and has instead advised him or her to seek the assistance of an accountant or tax attorney to provide advice as to the tax consequences of this Agreement or any ramifications thereof, and that each party's counsel has given no recommendation, advice, opinion or statement concerning the tax consequences of this Agreement. 10 21. Agreement Binding?on Heirs: The death of either party hereto shall not terminate the requirements of this Agreement for any and all payments or settlements to be made hereunder. Any payments or obligations due hereunder shall be made or fulfilled by the personal representative or executor of the deceased from his or her estate. This Agreement shall be binding upon the heirs, executors, administrators, legal representatives and assigns of both parties hereto. 22. General Duty to Indemnify: Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other party is or may be liable. Each party covenants that if any claim, action or proceeding is initiated seeking to hold the other party liable for any debt, obligation, liability, act, or omission related to the marriage of the parties for which that party is responsible under the terms of this Agreement, the responsible party will, at his or her sole expense, defend the other against the claim, action, or proceeding. In addition, each party covenants that he or she will indemnify and hold harmless the other party with respect to all Damages resulting from the proceeding. The term "Damages", as used in this Agreement, shall include, without limitation, any loss, cost or other liability that results from the prosecution of any claim, action, or proceeding, including reasonable attorneys' fees and other expenses incurred in the prosecution of the claim, action, or proceeding or in an attempt to avoid such litigation. To be includible, "Damages" must result from an inaccurate representation made by or on behalf of either party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises or obligations made by or incurred by either party in or pursuant to this Agreement. Each party agrees to give the other prompt written notice of any litigation, demand, claim, action or preceding that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this paragraph. 23. Headings Not a Part of Agreement: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 11 • 24. Void Clauses and Severab - .tv: 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. 25. Warran : Husband and Wife acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 26. Law of Penns yIva_ nia Applicable: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 27. Agreement Part of Divorce Decree: Husband and Wife agree that this Agreement is to have all the force and effect of a Court Order, and, upon Divorce, shall be included as part of the Divorce Decree. 28. Survival Beyond Divorce Decree: The parties hereby acknowledge that they have accepted the within Marital Settlement Agreement as a final settlement for all purposes whatsoever between themselves as contemplated by the Pennsylvania Divorce Code. Should a Decree, Judgment, or Order of Separation of a Divorce be obtained by either of the parties in this or any other state, each of the parties hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation or divorce; and nothing in any such Decree, Judgment, or 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 being understood by and between the parties that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of Divorce or Separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any Divorce, Judgment or Decree for the purposes of enforceability only. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment or Decree, and to be forever binding and conclusive upon the parties. 12 .1 t. 29. Date of Execution: The "date of execution", "execution date" or "date of signing" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution", "execution date" or "date of signing" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 34. Effective Date: This Agreement shall be immediately effective upon execution by both parties. 31. Sanctions for Non-Compliance: In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms hereof, the breaching party will pay all attorneys' fees, court costs and expenses (including interest and travel costs if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a breaching or wrongdoing parry shall bear the obligation of any and all costs, expenses and attorneys' fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] 13 IN WITNESS VIEREOF, the parties have signed this Agreement on the day and year first above written. WITNESS: (SEAL) t6NXA L. HIPP STEEL (SEAL) ITH T. WALZ ttorney for TONYA L.HIPPENSTEEL (SEAL) ylt,9,12?w- - -i 1' 4 22?*o I J,-? 4?4 4 RIC E. H P ENSTEEL, . (SEAL) DOUGL S G. MILLER Attorney for RICKEY E. HIPPENSTEEL, JR. 14 4- 1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF Personally appeared before me, the undersigned officer, this lot ? day of 2008, TONYA L. HIPPENSTEEL, known to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. (SEAL) COMMONWEALTH OF PENNSYLVANIA N?ota Public p Notarwseai My Commission Ex p Karen S. Noel, Notary public Carlisle Boro, MY n E fires X82011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: Personally appeared before me, the undersigned officer, this to day of 2008, RICKEY E. HIPPENSTEEL, JR., known to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. eip 0? f ?id? (SEAL) COMMONWEALT"101 F PENNSYLVANIA otary Public Notariai seal My Commission Expires: Karen S. Noel, Notary Public Carlisle Boro, Cumberand Cou EMY Commission Expires Dec. 8, 2011 Member, Pennsylvania Association of Notaries 15 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. T a M tch v g Date: SAH S, FLOWER & LENDS" 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this Z? day of January, 2009, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Douglas G. Miller, Esquire McKnight Law Firm 60 West Pomfret Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Linds , Es wire Supreme Co ID . 44693 26 West High reet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LIlVDSAY 26 West High Street Carlisle, PA ?„~9 c: s a::.? -- c....'?? `'?. ? ?? ? G..> `? ? . , ..,.y' .e,.... 1.d;3 ^G JAN 2 6 20`09c1 r - TONYA L. HIPPENSTEEL, n/k/a TONYA MENTCH, Plaintiff V. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6507 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this aZ 94 day of i?tirz , 2009, upon consideration 61 41 of the within Petition, a Rule is issued on the Respondent to show cause why the relief requested should not be granted. Rule returnable at a hearing set for the t? day of 2009 at 9j, 3y o'clock 4M in Court Room 47 of the Cumberland County Courthouse in Carlisle, Pennsylvania. SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ?-- j cx_ C'j il- °b E 3 TONYA L. HIPPENSTEEL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 04 - 6507 CIVIL TERM V. RICKEY E. HIPPENSTEEL, JR., : CIVIL ACTION - LAW Defendant DEFENDANT'S RESPONSE TO PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT 1. The averments in paragraph one (1) are admitted. 2. The averments in paragraph two (2) are admitted. 3. The agreement referenced in paragraph three (3) speaks for itself and therefore no response is required. To the extent that a response is required, Husband has satisfied all mortgage payments and has been conditionally approved for a new mortgage. 4. The agreement referenced in paragraph four (4) speaks for itself and therefore no response is required. To the extent that a response is required, Husband has satisfied all mortgage payments and has been conditionally approved for a new mortgage. 5. The averments in paragraph five (5) are specifically denied and strict proof thereof is demanded at trial. 6. The agreement referenced in paragraph six (6) speaks for itself and therefore no response is required. To the extent that a response is required, Husband has satisfied all mortgage payments and has been conditionally approved for a new mortgage. 7. The averments in paragraph seven (7) are specifically denied and strict proof thereof is demanded at trial. 8. The agreement referenced in paragraph eight (8) speaks for itself and therefore no response is required. To the extent that a response is required, Husband has satisfied all mortgage payments and has been conditionally approved for a new mortgage. 9. The averments in paragraph nine (9) are admitted. 10. The averments in paragraph ten (10) are admitted. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Douglas Miller, Esquire Supreme ourt I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant Dated: March 12, 2009 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. f RIC Y E. EMPPENSAEEL, JR. Date: March 12, 2009 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: CAROL J. LINDSAY, ESQUIRE SAIDIS, FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 (Attorney for Plaintiff) IRWIN & McKNIGHT, P.C. 4 AiuL Douglas trt iller, Esquire Supreme I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant Date: March 12, 2009 c W -C TONYA L. HIPPENSTEEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 04-6507 CIVIL TERM RICKEY E. HIPPENSTEEL Defendant IN DIVORCE IN RE: PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 12th day of March, 2009, this matter having been called for hearing, the petition is granted in accordance with the terms and conditions of the agreement of the parties as announced in open court and in their presence. By the Court, ? XCarol J. Lindsay, Esquire For the Plaintiff -/ Douglas G. Miller, Esquire For the Defendant :bg Cof Cc's rrt.-l E L?-c 31 r3lo' T Kevin Hess, J. ?; .°r?l' ~ ? • wry 6 :z d C 1 8VW 60OZ