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Home My WebLink About05-5128Ln John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com EUGENE J. HYNES, JR., Plaintiff vs. WINIFRED J. HYNES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OE CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 40. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com EUGENE J. HYNES, JR., Plaintiff vs. WINIFRED J. HYNES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS' lvc L? - CIVIL ACTION-LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, Eugene J. Hynes, Jr., by his attorneys, Purcell, Krug & Haller, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Eugene J. Hynes, Jr., an adult individual whose current address is 122 North 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Winifred J. Hynes, an adult individual whose current address is 122 North 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 22, 1979, in Reading, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff avers that there are no children of the parties under the age of 18. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. The marriage is irretrievably broken. 10. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 2 WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. PURCELL, KRUG & HALLER By John W. Purcell, Jr., Esquire 29955 1719 North Front Street G Harrisburg, PA 17102 Dated: (? a 8 S (717) 234-4178 3 VERIFICATION I verify that the statements made in the foregoing complaint in Divorce 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. Dated: September 26, 2005 Eugene J. yjves Jr. r? C i John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ipurcellPipkh.com EUGENE J. HYNES, JR., Plaintiff vs. WINIFRED J. HYNES, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5128 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE Please reinstate the Complaint in the above captioned matter. PURCELL, KRUG & HALLER BY Purcell, Jr. e19 North Front Street Harrisburg, PA 17102 (717) 234-4178 Date: April 24, 2006 SHERIFF'S RETURN - REGULAR CASE NO: 2005-05128 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HYNES EUGENE J JR VS HYNES WINIFRED SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon HYNES WINIFRED J the DEFENDANT , at 1944:00 HOURS, on the 1st day of May 2006 at 122 NORTH 27TH STREET HILL. PA 17011 WINIFRED J HYNES by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Postage .39 Surcharge 10.00 .00 41.59 Sworn and Subscribed to before me this // day of ,a-06 A. D. Prot o y So Answers: R. Thomas Kline 05/02/2006 PURCELL KRUG HALLER By: Deputy Sheriff,T ?A EUGENE J. HYNES, JR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-5128 CIVIL TERM WINIFRED J. HYNES, CIVIL ACTION - AT LAW Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONTARY: Kindly enter the appearance of Jeannd B. Costopoulos, Esquire, as attorney of record for Winifred J. Hynes, Defendant in the above captioned matter. Dated: WWeow? Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 S. Ct. ID No. 68735 W EUGENE J. HYNES, JR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-5128 CIVIL TERM WINIFRED J. HYNES, CIVIL ACTION - AT LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: John W. Purcell, Jr. 1719 North Front Street Harrisburg, PA 17102 BY Dated: ? /ndd?y Jeannd B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 S. Ct. ID No. 68735 ?_ c? `?, d, + ?? ! ? _ -r+ cY ?i--`? .r- -n'Ss ?- }•, CF' -;? ?ice . _. ?n "i G? ` ? ;tea ? ... v EUGENE J. HYNES, JR., Plaintiff vs. WINIFRED J. HYNES, Defendant NOTICE TO THE DEFENDANT: IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 05-5128 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE If you wish to deny any of the statements set forth in this Affidavit, you must file a counteraffidavit 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 February 1992 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: December 17, 2007 40ne J. ynes, Jr. CERTIFICATE OF SERVICE I, Carol Masich, secretary to John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to her attorney of record at the following address, by first class U.S. Mail on December 17, 2007: Jeanne B. Costopoulos, Esquire 210 Grandview Avenue, Suite 102 Camp Hilll, PA 17011 Q Carol Masich, Se retary to JOHN W. PURCELL, JR. I.D. NO. 29955 CD a c3 It i JEANA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Defendant EUGENE J. HYNES, JR., Plaintiff V. WINIIFRED J. HYNES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-5128 CIVIL TERM CIVIL ACTION -LAW DIVORCE DEFENDANT'S PETITION FOR RELATED CLAIMS PURSUANT TO PA.R.C.P.1920.15(b) AND NOW, comes the Defendant, Winifred J. Hynes, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Defendant above-named, Winifred J. Hynes, currently residing at 122 N. 27t` Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Respondent is the Plaintiff above-named, Eugene J. Hynes, Jr., currently residing at 3022 N. 4t' Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 3. The Plaintiff and Defendant were married on June 22, 1979. 4. Plaintiff filed a Complaint in Divorce to the above caption and number on September 30, 2005. EQUITABLE DISTRIBUTION OF PROPERTY 5. Paragraphs 1 through 4 above are hereby incorporated herein be reference as though fully set forth. 6. The parties acquired "marital property" as defined under the Divorce Code during the course of their marriage. 7. In order to effectuate economic justice between the parties, the Petitioner requests this Honorable Court to enter a fair and just determination and settlement of the parties' property rights. WHEREFORE, Petitioner requests this Honorable Court to equitably divide and distribute the "marital property" of the parties in accordance with the Divorce Code. By: B. COSTOPOULO , SQUIRE Date: / / Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant M VERIFICATION I, Winifred J. Hynes, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: 2IL-- WiJ Hynes CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John W. Purcell, Jr., Esquire PURCELL KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102-2392 By: ANNE B. COSTOPOU SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant Date: - a F ?S f "4; 4.+ tJr'T? ' ?y l ? 6` ? .. F t 1 tf't1 tSJ Y .SJ y, t' y- t`? a 14 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Defendant EUGENE J. HYNES, JR., Plaintiff V. WINIFRED J. HYNES, Defendant IN THE COURT OF COMMON PLEAS A!J'iWUW COUNTY, PENNSYLVANIA WM6ERIANO No. 05-5128 CIVIL TERM CIVIL ACTION -LAW 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 claim 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 hereby verify that the statements made in this Counter-affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: y D? Signature: Winifre . Hyne t ' ' f c . . ` ul '.'?[ ..+y EUGENE J. HYNES, Plaintiff VS. WINIFRED J. HYNES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVANIA NO. 05-5128 CIVIL TERM CIVIL ACTION - LAW DIVORCE PRAECIPE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Winifred J. Hynes, Defendant, in the above-captioned matter. Date: '2l1-7/4 f By: JE B. COSTOPOULOS, QUIRE A torney I.D. No. 68735 500 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No.: (717) 221-0900 Attorney for Defendant TO THE PROTHONOTARY:' Kindly enter my appearance on behalf of Winifred J. Hynes, Defendant, in the above- captioned matter. Date: C By: A=?L_d MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 4 .. <. ?....s. - - U 5 U?OS John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com EUGENE J. HYNES, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WINIFRED J. HYNES, Defendant NO. 05-5128 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Eugene, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite ( X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion state: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The non-moving party has appeared in the action by her attorney, Margaret M. Simok, Esquire. 3. The statutory ground(s) for divorce is Irretrievable Breakdown. 4. The action is contested with respect to the following claims: Distribution of property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1/2 day. 7. Additional information, if any, relevant to the motion: N/A DATE: DATE: PURCELL, KRUG & HALLER J9bn-VV. PyrEell, Jr., Esquire lq-l"orth Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff AND NOW, , 2009, Esquire, is appointed master with respect to the following claims: BY THE COURT: Judge Moving Party Non-Movino Party Eugene J. Hynes, Jr., Plaintiff Winifred J. Hynes, Plaintiff John W. Purcell, Jr., Esquire Margaret M. Simok, Esquire 1719 N. Front Street, Harrisburg, PA 17102 210 Grandview Avenue, Ste. 102, Camp Hill, PA 17011 (717) 234-4178 (717) 909-4060 CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same via first class U.S. Mail to: Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Ste. 102 Camp Hill, PA 17011 Kimberly S. DeF co Legal Assistant to John W. Purcell, Jt-, Esquire PURCELL, KRUG & HALLER I.D. No. 29955 DATE: (??' S? OC7 Cu;! EUGENE J. HYNES, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-5128 CIVIL TERM WINIFRED J. HYNES, : CIVIL ACTION-LAW Defendant : IN DIVORCE INCOME AND EXPENSE STATEMENT OF EUGENE J. HYNES, JR. PURCELL, KRUG & HALLER BY ohn,W. Purcell, Jr. LHr.'#29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 r INCOME AND EXPENSE STATEMENT OF EUGENE J. HYNES, JR. Employer PA Dept of Reveue Address: 10th Floor Strawberry Square 4th & Walnut Sts., Harrisburg, PA 17128 Type of Work: Tax Appeals Hearing Officer Payroll Number: 00110781 Pay Period: Bi-weekly Gross Pay Per Period: Itemized Payroll Deductions: Federal Witholding Social Security Local WageTax Local Service Tax State Income Tax Unemployment Medicare Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Pension Contribution Union Dues Total Deductions Bi-weekly Net Pay Per Period Bi-weekly Net Pay Per Month( =NT*26/12) Other Income: Interest (C.D. & int.) Rents Total Other Income Total Monthly Income $ 2,726.25 395.30 167.33 26.99 2.00 82.86 1.63 39.14 400.00 0.00 0.00 0.00 27.26 170.39 26.72 $ 1,339.62 $ 1,386.63 $ 3,004.37 Monthly Annual 45.83 550.00 $ 55.00 $ 660.00 $ 100.83 $ 3,105.20 Page 1 of 3 EXPENSES Monthly Annual Home: Mortgage (plus taxes & Insurance) $ 779.29 $ 9,351.48 Maintenance & Lawn 300.00 3,600.00 Utilities: Electric 71.08 852.95 Gas 110.18 1,322.16 Oil - Water / Sewer / Refuse 83.17 998.00 Telephone 46.00 552.00 Employment: Public Transportation 0.00 0.00 Lunch 65.00 780.00 Taxes: (Homewowners escrowed) Personal 32.00 384.00 Insurance: (Homeowners escrowed) Automobile 82.50 990.00 Life 0.00 0.00 Accident 0.00 0.00 Health 0.00 0.00 Other 0.00 0.00 Automobiles: Payments 542.00 6,500.00 Fuel (all vehicles) 55.83 670.00 Repairs 27.08 325.00 Medical: Doctor 30.00 360.00 Dentist 35.42 425.00 Orthodontist 0.00 0.00 Hospital 0.00 0.00 Medicine 48.75 585.00 Special Needs 0.00 0.00 Education: 0.00 0.00 Personal: Clothing 50.00 600.00 Food 350.00 4,200.00 Barber/Hairdresser 30.00 360.00 YMCA Membership 55.00 660.00 LOANS: Credit Union see mort & auto pymVs Page 2 of 3 Miscellaneous: Entertainment 26.67 320.00 Cable TV & Internet Service 85.00 1020.00 Vacation 79.17 950.00 Gifts 25.00 300.00 Charitable Contributions 40.00 480.00 Tax Prep (software) 7.50 90.00 Total Montly Expenses Average Mo. Income - Expenses $ 3,056.63 $ 48.57 Page 3 of 3 VERIFICATION I verb that the statements made in the foregoing Income and Exgense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Date: a002 I CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same via first class U.S. Mail to: Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Ste. 102 Camp Hill, PA 17011 Kim erly S. DeFal , Legal Assistant to John W. Purcell, Jr., Esquire PURCELL, KRUG & HALLER I.D. No. 29955 DATE: Cpl \S' Cs?-' OF THE 2 C 0 9 JvI? a 16 P inii; 2:: 2 EUGENE J. HYNES, JR., Plaintiff VS. WINIFRED J. HYNES, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5128 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE INVENTORY OF PLAINTIFF PURSUANT TO Pa. R.C.P. 1920.33(a) Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. 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: Ala tiff ASSETS OF PARTIES Plaintiff 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 () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (?) 5. Checking accounts, cash (?) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, workman compensation claim/award () 17. Profit-sharing plans (?) 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (?) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other 2 MARITAL PROPERTY Plaintiff 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 Names of Number of Property all Owners 1 122 N. 7`h St Camp Hill, Pa Joint 1. 3022 N. 4`h St Harrisburg, PA Joint 18 SERS Pension Husband 18 SERS Pension Wife 25 Household furnishings Joint NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: Item Description Names of Number of Property all Owners 2 1999 VW Passat Husband 2 2007 Toyota Truck Husband 2 2001 Saab Wife 18 SERS Pension Husband 18 SERS Pension Wife 5,6 PSECU Accounts Husband 5,6 Orrstown Bank Husband 4 PROPERTY TRANSFERRED Person Item Description Date of to Whom Number of Property Transfer Consideration Transferred LIABILITIES Item Description Number of Liabilities Names of all Creditors Names of all Debtors 1 st Mortgage PSECU Joint Student Loan Husband/Daughter CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same via first class U.S. Mail to: Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Ste. 102 Camp Hill, PA 17011 Kimberly S. D al o, Legal Assistant to John W. Purcel , r., Esquire PURCELL, KRUG & HALLER I.D. No. 29955 DATE: (p \ vS `(D? RLEI OF THE 2 Ck9 J J 16 Ps?o 2: L ', i3? S .? JUN 1 7 2009 6? John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com EUGENE J. HYNES, JR., Plaintiff V. WINIFRED J. HYNES, Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff, Eugene, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite and in support of the motion state: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5128 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ( X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The non-moving party has appeared in the action by her attorney, Margaret M. Simok, Esquire. 3. The statutory ground(s) for divorce is Irretrievable Breakdown. 4. The action is contested with respect to the following claims: Distribution of property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1/2 day. 7. Additional information, if any, relevant to the motion: N/A PURCELL, KRUG & HALLER DATE: DATE: J I, Jr., Esquire *7-1."orth Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff AND NOW, ?' , 2009, Esquire, is appointed master with respect to the following claims: Moving Party ?tugene J. Hynes, Jr., Plaintiff John W. Purcell, Jr., Esquire 1719 N. Front Street, Harrisburg, PA 17102 (717) 234-4178 4ft8/o f ?/rl BY THE c A Judge Non-Moving Party '"Winifred J. Hynes, Plaintiff Margaret M. Simok, Esquire 210 Grandview Avenue, Ste. 102, Camp Hill, PA 17011 (717) 909-4060 FIL r CF THE R ) r;N Y EUGENE J. HYNES, JR., Plaintiff vs. WINIFRED J. HYNES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OS-5128 CIVIL IN DIVORCE IN RE: PETITION FOR DECLARATORY JUDGMENT ORDER AND NOW, this ~ 2 ' day of July, 2010, after hearing, the Court being satisfied to resolve any issues of credibility in favor of the defendant, the Court finds and therefore declares that the agreement of the parties, dated August 23, 1988, is a valid Post-Nuptial Agreement. BY THE COURT, .mil - ~ Kevin ess, P. J. John W. Purcell, Jr., Esquire For the Plaintiff v Maria P. Cognetti, Esquire For the Defendant :rlm ~~ (~ fV ~' ~ C o ~ -~-~ ~t i " ' ~ C~; Y T ~.;~ "T'I P~ ;~ - ; - -_ c.~.~ ~~ r-rj '~ G., .t r" . .. - ~ ~.Pnvt..~i`~? ~ - n 1 ° o 3 ~S' ( ho1~"n I ~q ' a e y yo I j RECEfVED • •~ ('.: `ttECOStDERS OfF1CE Oct ll SO ig pti'88 \ • • DAOP piQlkilR~t17Y [ltp~u Absn llaa Nr fa RKariq Drlal MORTGAGE THIS MORTGAGE ~;~~r~i~y Instnrment"1 is given on .......:..O~,TQ)I~R , 6,,,,,,, , „ , , 19..S.Q...Themortgagoris.....4~!,e.~.NE...~:..»HYNS»5.,.,»JR:..,,an~ W~I~IFRED;7. ~9N~"$e..~tis:"wife, ... .................. ........... ... ............ . (•• ~, This Security Instrumrnt is givrn to............»........... . ~ennsylvanie„51e~o,,,,,,,,,»~~pTRYR4s,Crad~,,,,,,,n~on,,,,,,,.,,» .........:...»,,,,,,»,.__..,.,.,~whichisorganized dexisting ............. If undath Iawaof......R.~A~~.Y.1,yania...» .................».........,,..,andwhoseaddressis........P....~,,.. AM.. fQ.......»....... .Hat:ris~iutg...PA...1.7.a~Q ..............................»............................................................. .............. n r..LL Horroweroweslendertheprincipaisumof.»SI1(TY,_,EIGHT THOUSAND FOIiIt»HUNDI2ED AND~•,i~~,l„OU ................................................................ ................... ................................................................» Dollarg N ?~ --------------------' .S.f....6Q.,.4.A.Q...AQ..».. This debt is evidenced by Borrower'saate dated the same date as tfiis Security [rtatrument ("Note"), wbichptondes for monthly payments, w'slfi the ful{ debt, if not paid earlier. due and payable on ..................October.6 2018 .................. .................ThisSecuritylnstrument secures to Lender. (a) the rcpaymrnt of the debt evidenced by the Note, with interest, and all rrnewals,.exlcasioru and modifications; (b) the payment of all othw sums, with imerat, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrowers covrnants and agreemrnts under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convry to Lender the fo[lawing described property located in .......» ................................ Dauphin...............»...............»......»..................................... County. Pennsylvania: ALL THAT CERTAIN lot or parcel of land, situated in the 14th Ward of the City oP Iiarrishurg, Dauphin County, Pennsylvania, hounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated October 2, 1969, ea follows: BEGINNING at a point on the West side of. Fourth Street on Plan of Lots known as "Feldheim" recorded in the Recorder's Office of Dauphin County, Pennsylvania, in Plan Book ^D++, Page 5, which point of begin- ning !s seventy nine (79) feet southward from the aduthwest corner of Fourth and Edward Streets; thence south ardly along the westwardly line of Fourth Street fifty two (52) fee to a line of Lot No. 61; thence westwardly along the northern lire oY Lot No. 61 one hundred sixty two (162) feet to the eastern line:of Logan Avenue fifty two (52) feet to the iine•of Lot No. 64, one:kiundred sixty two (162) feet to the place of BE(IINNING. a ' HEINO Lots Nos. 62 and 63 on said plan; and having thereon erected a house known and numbered as 3022 North fourth Street, Harrisburg, Pennsylvania. ~ , BEING the same premlaes whiah Winifred J. Hynes, formerly known as Winifred tdarie Johnston, by deed dated December 4, 1979 and recorded in Dauphin County in Deed Book 91, page 166, conveyed unto Eugene J. Hynes, Jr. and Winifred J. Hynes, his wife. UNDER AND SUBJECT to certain restrictions of record. which has the address of.....3Q22,-A,,,North 4th„St»reet, `~' Harrisbur,~,,, » ... ..................... ............................fly... 1stro.,l Pennsylvania ...................J..7.l.lA...................... ('.Property Address'7; tan Wa.i . ToGEntea WITH aU the improvements now or hereaRer erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profiu, water rights and atoclt and all fixtures now or hereafter a part ofthe property. Al! replacements and additions shall also be covered 6y this Security Instrument. All of the foregoing is referred to in this Security Instromart as the "Property." HottROwEa CovENAtvts that, Borrower is lawfully seised of the estate Hereby conveyed snd has the right to mortgage, grant and convry the Property and that the Property is uaenetimbered, except for eacumbtancec of roeard. Borrower warrants end will defend generally the title to the Property against all claims and demands, subject to any encumbrancesofrecord. ' Tests SECURITY INSrxUMF.NT combines uniform covenants for ttatioasl use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instromrnl covering rral property. PENNSYLVANIA-single (amity-FNMA/FHLMC UNIFORM IrISTNUAtF isrm 3039 t4/a3 af;~~:~184Pa~F 626 . UNIFORM COVENANTS. Borrower and Lrnder eovrnant and agr« as folbws: 1. Payment of Pclaefpal and laterdq Pnpayeneat sad Lte Qtarges. Borrower shall promptly pay when due the principal of and interest on the debt evideaged ky the Note and any prepayment sad late chuges due undo the Note. 2. Funds for Taxes sad lmnrstrce, Subject to applicable law or to a written waiver by Lends, Borrower shall pay to Lrnder on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Ponds") equal to oaatwelfth of: (a) yearly taxes and assessment which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rent on.the Property, if any; (c) yearly hazard insurance premiums; anti (d) yearly mortgage insurance premiums, If any. These items are called "escrow items." Leader may estimate the Funds due on the basis ofcurrcnt dau and reasonable eatimatee of futurcescrow items. The Funds shall be held in an iastitntioa the deposit or account of whech arc insured or guaraateex! by a federal or state agrnry (including Lender if [.ender b such as inatituUon). Linder shall apply the Funds to pay the escrow iteats. Lender stay not charge for holding and applying the Funds, analyzing the aeconnt or verifying the escrow items, unless Lender pays Borrows interest on the Fonda and applicable 1sw permit Lender to make such • charge. Borrower and Lender may sgrte in writing that interest shall be paid on the Fonda. Unless an agreemrnt fs made or applicable taw requires interest to be paid, Lender shell not be required to pay Borrower any intuest br earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Furids showing credits and debits to the Funds and the purpose for which each tlcbit to the Funds was mach The Funds are pledged as additional security for the soma secured by Chia Security Instrument. !f the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shell exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. [f the amount cif Me Funds held by Lender is not stdfitient to pay the escrow items when due, Borrower shell pay to Lender any amount necessary to make up the deRcienry is one or more payment as required by Lender. Upon payment in full elf all soma secured by this Security Ittxtrument, Lender shall promptly refund to Borrower any Funds held by Linder. If undo paragraph 14 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lrnder at the time of application es a credit against the sums secured by this Security tnstromrnt. 3. Application of Payments. Unless appliexbk law provides otherwise, all paymrnt «ctived by Lender under paragraphs 1 and 2 shall Ix applied: that, to tale charge due under the Note; second, to prepayment charges due under the Note; third, to amount payabk underparagraph 2• fourth, to interest dur, sad last, to principal due. 4. Charges; Lens. Bortowh shall pay all taxes, assessments, charges, 8rtes and impositions attributable to the Property which may actin priority ovu this Sxurity Instrument, and leasehold paymrnt or ground rents, if any. Borrower shall pay these obligations in the manna provided in paragraph 2; or if not paid in that manner, Borrower shall pay them on time dirextly to the person owed payment. Borrowu shall promptly furnish to Lrndu all notices of amounts to be paid under thb paragraph. If Borrower autkes these payment directly, Borrower shell promptly furnish to Lrnder r«dpt evidencing the payment, a Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Dorrower: (a) agrees in writing to the payment of the obtigalioo secured by the IIrn in a manner acceptble to Leader; (b) contests in good faith the lien by, or defrnds against enforcement of the lien in, legal prac«dlags whkh is the Lender's opinionoperate to prevent the rnforcemrnt of the lien or forfeiture of any pert of the Property; or (c) axure+ from the holder eiC the lien an agreement satisfactory to I.ettder sulwrdittatiag the {irn to tfiis Security Instrument. if Lender ddermines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower s notice identifying the lien. Borrows shalt satisfy the lien or take one or more of the actions set forth above within l0 days of the giving of notice. S. Haaard lasuranee.' Borrower shall k«p the improvements now existing or hereafter er«ted on the Property insured against loss by tire, hararda included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall tie maintained in the amount and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject (q Lender's approval which shall slot be unreasonably withheld. All insurance polities and renewals shall tz acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the polecies and renewals. If lender requires, Borrower shall promptly give to Lender all receipt of paid premiums and renewal notices. Ice the event of loss, Borrower shall give promp! notice to the insurance carrier and Leader. Lender may make proof of {oss if not made promptly by Borrower. Unless Lender and Borrowuothawise agr« in writing, insurance proceeds shall be applied to restoration ar repair of the Property damaged, if the restoration or repair is eoonomicagy feasible and Lender's sccurlty is not lessened. if the restoration or repair is not economically feasible ar Lender's security would be lessrned, the insurance proceeds shall be applied to the sums secured by thin Sorority Instrument, whether or not then due, with any excess paid to Borrower. If Borrows abandons the Property, or does not answer within )0 days a notice from Lender that the insurance carrier has offered to settle a cMim, then Lender may collect the insurance proceeds. Lrnder may use the proceeds to repair or restore rite Property or to pay sums secured by this Security [nstrunteat, whethec or not then due. The 3t)day period will begin whey lhe•notice is given. Unless Lendu sad Bomowerotherwise agr« in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred~to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to lender to lire extent of the sums secured by this Security Instrument immediately prior tothe atxryisition. 6. Preaenalfon and Maintenance of Property; Leaeeboltla. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or rnmmit waste. If this S«urity tnslrument is on a leasehold, Borrowu shat! comply with the provisions ofthe lean, end if Borrower acquires f« title to the Properly, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protectlon of Lenderh Rigitta la the Propertyt Mortgage Insurance, ' If Borrower fails to perform the cove:,ant and agreemrnt wntained in this Security instrument, ar there is a legal proceeding that may significantly aRect Lender's right in the Property (such as a proc«ding in bankruptcy, probate, for condemnation or to enforce caws or regulations), then Leader may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lends': actiorta may Include paying any sums secured by a lien which has priority~over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may tape action udder this paragraph T, Lender does not have to do so. Any amount disbursed by Lender undo this paragraph 7 shall become additional debt of Borrower secured by this Security tnstromrnt. Unless Borrower and Lender agree to other terms of payment, these amounts shall tzar interest from the date of disbursement at the Note rate acrd shall Ire payablw with interest, upon notice from Lender to Borrower requesting payment. l~~~sa~Y~61: s~7 :__~, . .. If Lender required mortgage insurance as s condition of making the loan secured by this Security Instrument, Borrowu shall pay the premiums required to maintain the iasuronce is effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 8. Iaspectloa. Lendu or its agent may make reasonsbte entries upon and irtspoetions of the Property. Lendu shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the iospcetion. 9. Coademastion. Tbc proceeds of any award or claim fitt damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for canveyantx in lieu of wndemoalion, are hereby assigned and shall be paid to Lender. • - In the event of a total eking of the Property, the procesds dull 6e applied to the sums secured by this Security Instrument. whdher or not then dtu, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise ague in writing, the sums secrtred by then Security Instrument sha0 be reduced by the amount of the proceeds multiplied by the following fraction: {a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, stile notice by Lmdu to Borrower that the condemnor offers to make an award or settle a claim for damages, 8ortower funs to respond to Lends within 30 days aRer the date the notice is given, Lender is authorized to collect and apply the prorecda, at iu option, dthu to restoration or repair of the Property or to the sums secared by this Security Instrumrnt, whcthu or not then duo Unless lender and Borrower otherwise agree in writing, any application ofproceeds to principal shall not wend or postpone the due date of the monthly paymrnu referred to in paragraphs 1 sad 2 or change the amount of sych payments. 10, Borrower Not Reteaaed; Forbearance By Leader Not a Walrer. Extension of the time for payment or modification of amortiution of the sums secured by this Security instrument granted by Lendu to any successor in interest of Borrower shag nor aperete to rcleau the liability of the origiaa] Borrower or Horrowu's successors in interest. Lender shall not be required to commence proceedings against say attecessor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers autxtssors in interest. Any forbesrsaee by Lender in exercising any right or remedy shall not be a waiver ofor preclude the exercise ofany right or remedy. 11, Successors sad Assigns Bound; Joint sect SeTeral LlabGity; Oo-signers. The covenants end agreements of this Security instrument shall bind and beneRt the successoo and assigns of Lender and Borrowu, subject to the provisions of paragraph 17. Borrower3 covenants and agreements shall be joint sad aevereL Any Borrower who co-signs this Security Instrument but dos not exxute the Note: (a) is co-signing this Security Instrument only t0 mortgage, grant and convey that Borrower's intrresl in the Property undo the terms of this Security Instrumrnt; (b) is not personally obligated to pay the sums secured by This Security Instrument; and (c) egrets that Lender and say other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tarns of this Security Instrument or the Note withdut that Borrower s consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which acts maximum loan charges, and that law is Really interpreted so that the interest or other loan durgq collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan cbasge shall be reduced by the amount accessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower whkh exceeded permitted limits will be reCundrd to Borrower.Lender may choose io nuke this refund by reducing the principal owed under the Note or by making a direct payment to Borrowu. Ifs refund reduces principal, the reduction will be treated as a partial prepaymw without any prepayment charge undo the Note. 13, Legislation Atl'ecdng Lender's Rights, If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unettforetable according to iu terms, Lendu, at its option, may require immediate payment in full of all sums secured by this Security [nstrument and may invoke any remedies permitted by paragraph 19. If Lendu exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notice. Any notice to Borrower provided for In this Security Instrument shall be givrn by delivering it or by mailing it by Rrst class mail unless applkabk law requires use of seethe method. The notice shall be directed to the Property Address or any othu address Borrower designates by aaiee to Lender, Any notice to Lender shall be given by Rest class mail to Lender's address stated herein or any othu address Lender designates by notice to Borrower. Any notice provided for in this Security [antroment shall be deemed to have bern gives to Borrower or [.ender whrn given as provided in this paragraph. 15. Goveralag law; SererabBlty, This Security Instrument sbaG be governed by federal law and the law of the jurisdiction in which the Property es located. In the event that any provision of clause of this Security Instrument or the Note conflku with applicable-law, curb coniGct shall eat affect olhu provisions of this.Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Inatrumrnt and the Note are declared to be severable Ili. Borrower's Copy. Borrower shall be gives one eoaformed copy of the Nose sad of this Security lastrunrrnt l7. Transfer of the Property or • Baae6eisl Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or ifs benefldat interest in Borrower is sold or troasferred and Borrower is out a natural person) without L.ender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. Howevu, this option shall not be exercised by Lender iC exercise is prohibited by federal law as of the date of)his Security Instrument If Lender exercises this option, Lendu eha11 give Borrower notice of acoduation. The notice shall provide a period of not less than 30 days from the date the notice is delivued or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these soma prior to the expiration of thin period, l..ender may invoke any remedies permitted by this Security Instrument without furthu notice or demand on Borrowu. 18. Borrower's Right to Reinstate. It borrower meeu certain conditions, Borrower shalt have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier ot: (e) S days (or such other period as applicable law rosy specify for rcinstatemeatj before sale of the Property putstasnt to say powu of sale conuined is this Security Instrument; or (b) entry of n judgnunt rnforceng this Security fasttumrnt. Those conditions are that Borrower: (a) pays Lrnder all sums which then would be due undo this Security Iastrumrnt and the Note had ao acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all exprntxs incurred in enforcing this Security Instrument, inducting, but not limited to, reasonable attorneys' fora; and (d) takes such action a9 Lender may reasonably require to assure that the Gen of this Security Instrument, [,enders righu in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue undtanged. Upon reinstatement by Borrower, this Security Instrument acrd the obligations secured,hereby shall remain futly effective as if no acceleration had «curred. l lowever, this right to reinstate shall not apply in the eau of aealerstion under paragraphs 13 or 17. IDv~ 184 PacE 628 . ADJUSTABLE RATE RIDER (1 Year Treasury Index-Rate Caps)• THIS ADJUSTABLE RATE RIDER is made this .6th,,, day of ......~CTOBER,,, ,,,,,,,,,,, !g .-88,~ and is incorporated into and shall be deemed to amend and. supplement the Mortgage, Deed of Trust or Security Deed (the "Severity Instrument") of the sa~ttee dataq giv n the u ersi ned (lh "BB~~r of") to xcure Bormwer's Adjustable Rate Note (the "Note") to.......r~.!!~fXlran~-~tat~ ~p~oXees,,,~,`redtl~mon .........................•.................................................... (the "Lender") of the same date and covering the property dexrilxd in the Security Instrument and located at: ' 3022,-A NORTH„4th.. STRFr.~')'...:.:H,(1diR~.SERIJRG.,....P.F,~!`)~VSX.b.Y.AN~A~......1,.7.2.1A ..................................... (Properly Addraa) • THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES tN THE INTEREST RATE ANp THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BOR- ROWER MUST PAY. AOU(TIONAt. t'.OVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lcnder further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANCES The Note provides for an initial interest rate of .$.e.7.,~......96, The Note provides for change in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTI~LY PAYMENT CHANGES (A) Change Data The interest rate I will pay may change on tN4c4axt>ma1Cx6C.....Dc,tnb~=...fi ................. 19.89..., and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) Tke Index ~ • Beginning with the first Change Date, my interest rate will be based on an Index. The ".Index" is the weekly average yield on United States Treasury severities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the datext~ days before each Change Date is called the "Current Index." ~ 6 •~ If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable ,information. The Note Flolder will give me notice of ibis choice. ? (C) Caculation of Changes B f ach Change Date, the Note Ho(gerswill calculate my new interest rate by adding ,.two,: and one-~,$`f~ •....•••.••••••............)........ percentage points (........'.........%) to the Current Index. The Note Holder will then round the result of This addition to the nearest one-eighth of one percentage point (0.12596). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Flolder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Dale in full on the maturity dale at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. 7(D) Limits on laterest Rale Changes 7 . T 5'he interest rate I am required to pay at the first Change Data will not be greater than ...9.: ~ 5 .............%or less than ...........................%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (I.0%) fromif~e. 75 of interest 1 have been paying for the preceding twelve months. My interest rate will never be greater than .....................%. (E 1 Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. ' (F--Notice of Changes The Note llolder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective dart of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. B. TRANSFER OF TIIE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant IT of the Security Instrument is amended to read as follows: Transfn of the Properly or a Berrcfieia) Interest in Borrower. If all or any part of the Property or any interact in it is sold or transfcrrcd (or if o beneficial interest in Borrower is sold or lranskrrcd and Borrower is not a natural person) without Lender's prior written rnnxnt, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercix is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercix this option if: (a) Borrower causes to be submitted to Lcnder information required by Lender to evaluate the intended transferee as if a new lonn were being made to ehc transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. MULTISTATE ADJUSTABLE RATE RIDER-ARM &1-Sirgla Famsy-Fennls Mee/Fredttia Mao UnROtm Imtnnnant form 310113/85 0~~1~84P~~1:629 ~. .. 1 .6 ~ To the extent permitted by appliable law, Lender may charge • reasonable fee !s a condition to Lender's consent to the loan assumption. Lender may also require the trsnsfaree to sign an assumption agreemrnt that is acceptable to Lender and that obligates the tnnskra to keep all the promises'and agramrnts made in the Note and in this Security Instrument. Borrower will continue io be obligated under the Note and this 5ecurlty Instrument unless Lender releases Borrower in writing, , If Lender exercises the option to require immedisu payment in full, Lender shat! give Borrower notice of aovxlera- tion. The notice shall provide a period of not leu than ~0 days from the date the notice is delivered or mailed within which Borrower must pay aU sums secured by this Security ltutrument. If Borrower tails to pay these sums prig to the expiration of this period, Lendcr may involve any remedies permitted by this Security Instrumrnt without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rids. .. ..: .. ... ............ (Seal) ugend J.~ Hy es, J .a,,,,,~.v _...7r.~:~~.~~.~ ...................._~ i~ Wi fred H es BOOif 1184 PAGE 630 NoN-UNIFORM COVF.NAN7S. 8orrowa and Lender further covenant and agree at follows: 19. Aeceleratloa; Remedln, Leader shall give rrotiee to Borrower prior to acceleration following Borrower's breoeh of any covenantor agreement In fhb Saorlty Instrument (but not prior to acceleraHoa under paragraphs 13 and f7 aelea applinble Inw prortdn otberwbe). Lander shall aottfy.Borrawer of, among other things: (a) the defanlM, (b) the adios required to cure the definlQ (e) when ebe'defidt mast 6e cured; and (d) that fifloro to cure the default as spai8ed may remit to acceleration of the stuns seemed by flab Security inatrQmcnt, foreclanre by judkbi proceeding and sale of the Property. Lender shall far~er Inform Borrower of the right to refrtshte after aeteteratlon and the right to assert in the forcelomre proeeedtog Ibe noatzbtence of a default or say other deteaee o`. torrower to acceleration and foreclosure. If die default b not cured a rpeeltled, Lendp at its option may require immediate payment in fun of ail sums secnrcd by fhb Seearity Ittstrameat wifbont further demand and may foreclose tbb Security Iastrament by judklal proceeding. Lends shall be entitled to coBeet @) e:pcmn iamrred in pursuing fire remedies provided in fhb paragraph 19, Inclndfng, bnt not nadted to, attorneys' teas and tab of tiNe eridenee to the a:teat permitted by applicable law. 2f1. Lender is Poo. Upon aceekntion under paragraph 19 or abandonment of the Propeny, Lender (in person, by egrnt or by judicially appointed raeiverj shalt be entitled to enter upon, take possession of and manage the Property and to ooltect the rents of the Properly fadndiag those past drre. Any rents rnllated by Lender or the receiver shall be applied flat to payment of the ousts of managemrnt of the Property and collation of rents, including, but not Ifmtted lo, remver'a fees, praniuau oe receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security [natramrnt. ' . 21. Release. Upon paymnt of all aorta secured by this Security instrument. Lender shall discharge thrs Saucily Instrumrnt without charge to Borrower, Borrower abaft pay soy raordation Costs. 22. Rtdaabtemeat Period. Borrower's time to reinstate provided in paragraph 1 S shall extend to one hour prior to the commencement of bidding at a aherig's ills or other salt puauant to this Security Imtnement. 23. Pnrehate Mosey Morigaga. If anyoftbe debt secured by this Security Instrument is lent to Borrower W acquire lick to the Property, fhb Security Instrument shall be ^ purchase mosey mortgage. 24, intern! Rate After JadgmtnL Borrower agrees that the interest rate peyabk aner a judgment is entered on the Noce or in an adfoa of mortgage foreclosure shall be the rate paysbk from time to time under the ]Vote. 25, Riders to this Security {mtrumerN. If cue or morn rides arc exauted by Borrower and recorded together with ibis Security Instrument, the covensnU and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agr«mnb of this Saucily Instrument as if the r~er(s) were a part of this Saurity Instrument (t~rak applinble box(n)j ® Adjustable Role Rider [j Condomieium Rider ~ 2~ Family Ridu Graduated payment Rider ~ Planned Ueit Development Rider Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenanb contained in ibis Security Instrument and in any rider(s) exacted by Borrower sad rocorded with it. . ... ................ ~ ~~y~.- ..~...~~~9.~~...... .... ................ ...........(Seal) u~gi a J. Hynes,~r3r. -m~owar (y~~t,~. (Seal) • Winxfr d J. ~ nes / =m.,a.o COM MONWEALYH OF PENNSVLVANlA . ........................• .............COnaty ae: p~this,the.....6th....daya[....., ~ctober..,.,.,,,,,198B bc(oremc a Notar)r.,,,.• Public th~ undersigned officer, personally appcanxl.. Etic~ene J; ~ixnes: Jr. 'ari~'Yriiriifzed•'S:"i~l nes """" .......................~ ..........................................known to me (or satisfactorily proven) to be the pcrson.s..whose name $ .. 8re....subscribed to lire within instrument and acknowledged that .t hay .......executed the same [or the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and oRcial snl. ... ;.~~~ state qtly _ ,,,,,,,,,,,i,~:;;~; :: ueu~l ~iloilliti>~~I 1 ~t~~ .............V!!Iy. ~..~,y~'~C,c r` ~~i,=~ y rr;: n ~~ ss1 lteoorded in the OlNce lot Bett~l a '2' • '•~ ~ ''• otary..Public. ..$ `~:~'~ of daed>, etc* tit and fa the County of Dauphine 6i ...... . ........... Taw ,r onkr - ~ ~..; ~ o ...; Recafd Boob 1 1 8 4 Pegs (o ~. ~ ~ r~trryl self • ~• : ; •...: .;'. Witness my hand and seal o! Oftlcs tar.+~roYHaK.nro_Monlpdnarytgii,tti. ''' -!~C Mjr Coaimisbn E+Dta Mardi it,'ittle • •..,. •,• ~ . fhb day of • Anno Dominl 19,~ r+ana.: F.ena>>gaiaAriddilion~rja"~' , ~~-' _ Recorder ~ ^ . I hereby certify t at the precise tK see of the within named mortgages ba PSECU ' cJo fames H. Turner, Esq. ' 258 tsbutg, a~1~01 ~/ ~~~~ orney or ortgagee ' s ' 804K1~~~ I';tiGE 631 • i r . i r AfC~ 0 RECORAEq•s tftilf!~ ~ ~ !1 st rN ~ AA(/phlN CO~MTY PFkMA. l+l., sx ~~i~ y Mr +j f'irwal JfN Mrsrrd .r~ y 1 ~nb~nturp, ~~a~ ~hr ~l~flN MDiD70D J. HYtJFS, FOR'lE3iELY 1Q~IOW A3 VINIPii® MARIE JOFN3!'ON, OR the City of Ilarrisburg, Dauphin county, Pamaylvunia., OAAN'!'Qi, PAR'iR OP 1}E PIRS4' PARP EUOF28 J. N'~ Jti. , ~:ID liIN7F~iED J. 2tYtFS, jlI158A:>D AND 1~IIPE, or the city of biarrisburg, Dauphin Canty. Pemsylvania, QAAIT.~, PAAI'IFS 0[r Ttg SF70Q~D PA1CP. +1<Y+rrurl frr{. ~ltnns>aet~ f.r. f-. w«f/wrl y »f Irv lu',l prrf, jw yrJ {r .rrrr«)rr yl{N ..~ eb .r,. r/ 1 1.00 (One [ol lar) flrff+rL lrrlyl rwr. / «J fl.~ 1 .U.1 Iclr(rv ..( .{».. N,y. rrrJl r«d frrlr prid Ly flty NUJ wr( 11a »f IAr NlMJ 1r1r1 f« for N:J f.rrl Y «j ter jirrl frrrf, yf rrJ b~J«rr f-r rrlllr~ yyJ Jrllrrr~ »f (;vN+ Mrrrrf,. Ifrr mrirf rbr...l b ~rrriY yrt.»w•frJpN. Irrr(nJ. Lyrrr{wr1, ,..w. dirt./, rs/ru/jrd. n{ryrd. rrrrrr JrJ y«rt rvy/IrrrJ Mrt 6~ firM Mr•.ryq I+ *ryrf, fwlvy»rw. wfl. yl«r, r1/.«Jl. Rlre.r. r..yrry. rr.l n,rl{nr rrf« ILv wit rN iea +) K• MrrrJ fgrr then' Mp• u.f y,•{y. ~!! 'rtuT CFATAIIi lot or parcel of Ltd, situated in the lath tirard of ttwJ city of , 13arriaburg, Ldt~phin County, Pennsyl~'anla, boarded and described in afxardsr-ce with a avnney aM pion therreot msde by E1T{esL J. UAsilker, Profeasianal Figineer, dated October 2. 2969. s, follars: BECIIamao at a point on the west Bide of Fourth Street on Pian of Lots Knowr- As "Feldheier', recorded lrr the Recorder's Office of Dauphin County, Pemsylvania in Plan Boolt "D", Page 5, which point of begLnirg la seventy-nine (79) feet aouthwsrd fron+ the southwest comer of Fourth and Eda+ar'd Streets, thence aouthwardly along the westwardly sine of Fourth Street rifty-two (52) feet to a lire of Lot No. 61; thence westwardly along the rorthern line of Lot No. 61. One hundt~ed a1rRy-trq (162) feet to the eastern line of Lopn Avenre fifty-ty,p (52) feet to the 11rr of Lot lJo.64, ore hundred ai~rty-two (162) feet to the place of BF70I?NINO. $~ Lots Noe, 62 and 63 on sold P]an; and having thereon erected a house known and rxr.~ered as 3022 fiorth Fourth Street, Narr~isburg, Pemsylvania. ~IlaO the same pewdses -fiich Michael Johrrstf:i a~ Yinifrf~d Marie Johnston,Husbard am Kite, by their Deed dated June 16, 1918 and Recorded in the Reco.^der's Office of Dauphin County June 20, 1978, in Deed Book V, Volume 6p Page 99l granted arYi conveyed unto Minifred J. Hyf{ea, PORI~Q.Y 10~104M AS WD~fIFEif9 IWIRIE JOtDBS`IUPf, ltre said CRADf1aR having serried pugene J. F(ynes, Jr., this is s transfer from wife to TIlb8A1'ID AMID YIP£. goal t)1 ~ ltiti PLAINTIFF'S EXHIBIT ~~~'~ v ~ r ~' 1~'I11~~'tllrr rNA a1! an1 Nwrr/ar, IAs /rsrsrrsls, Aerru.wr.t. aa! .~wee..wKrt Ir Ns .... MtnMlls! er tw awlrtrr a~rrlslslw/, swf Me rrsrrrha as1 rwwrhwr, rrwsM~rr aw! rrsrsiwlrrs, rrwta, Own, aw! pw/{I. eArrew/r ~~ ~i~ sl! IAa rNalr, rt/ral. /Nk. MI~-+tM, trsprl!• eldr MI Irwsa/ rAslrsnr~r, MIA M Aitn aw/ rhrl{!. a/ fAr rs11 cart y sl IAA /kN prf. s/, M, h wr srf s/ fAt MN f-ew4n, swf erre'! {ISrI swf ~srrrt IArrrs/ ViQ ~Adt fluid ~p ~Q~a /As MII pwllsa, 411A all..! slw/rtar IM grrrtrwaweea, wwM tAr asfl tsrl 1!s s/ tAs ssaw! -sr/, tihel! Arlrs awl arrtlws, M sw/ /sr tAr swt! ~rsprr ru ss1 irAsJ/ y fit ssM fsrl i!t! a/ /A..rl'sa! prf, thlfr A.ir. aw! NN/r h-eer+, .~-ud rar Ir,lln Arl-s, rerrwlsrr aM! Nwh~sfrslarl, M i! tArsr f-rrrwls, rsrrwssl, sal swf s/rrs 1. aN ritA IAr aN rsrl 'mss y IAs arssa! /ars, EhC3r Arts awl srrllwr,fiat IAs srt! Arirr stt sw/ rtw/dw tAs Aerrtlfasusq p!'rrwUp ArrrlweMrr frNr{6M rsA /rsstN s- wewllawel, awl fef.wl./ rs fe k, ai/A sp{rsrtrwswars, rwfs fAr wW lerf 1r;~ s/ tAr urwwl part, irhr sw/ srrllwa, ysMrt tAr rsN prl y s/ fAr Jtrrl p.l sN tx~ Arirr awl srrlwrt sll swf rerr! sfArr ~~ K t~s ~.~'~, lar/wfl! dilwtw/ s- h etatw fAr etwr s- ss! lore IArrvo/, sAaif sw! Mlt, H IArs- lresrsf., lY I Rtt.t iT AJrA MR RYIfE' DEJ-fMD ~a ~itneas ~Dhcrrof ~•• ••++ r+-~ r ~ IAr/Nst jsrf A.r iw~rawN sd het' Ass! alt! MI tAs M! aa! /w- /Inl aMw rttffsw. c IIIR~. tlratrl sM IMlrrrwl iw IAr t'rraw.r nl f~Odt ~. ....................................................................... Isr..lt: PAd~7~.1': ..........~~~........... {Rt:.11. ..................................................................... I RRA f. .........................................._.......................... 1>:t:A f. ...................................................................... 1>:t:AI. ........................................................ ...... IdE.ll. .......... .......................................................... l at:.t r. ........................................................................ 1116.tL ......................................_................................ 1 ar,t~ ...................................................................... IRZA L ........................................................... rtts~t~ ~i1 ~icciG7 s !al-M• 1-sr CBNrONI1EALTN 01 /ErrhLYARY OE-ARTrErT a REYEIRIB BYaw RP .IBU oPaRATNwB RIfLALTY TF1ANfiFl11 TAY A//IOAVIT OF vAl.ufs ><oR ,ECO1.cE a•f usF Drat BOOL rYYBEf ~ PARE NI/rBE^ LATE RECORREO COrPLETE APPLICADLE fltTlOMf Nl PYLL AND FILE. w OY-LICATE 11t TN RRCORDER Of DEEDS IIN EN II)TNE !YLL CONSIDERATION If MOT fET f'OR?N IM THE OEIO, IL THE TRANSFER IS 14TMOYT CONf10ERATlON Of. AGIf T, OR IA A iAE EEErff10N Il CLAIrE0. IRtiEll S[t?. !L sTT ACT Of OEC, v Nfl, P.L. p~E Af AYENDEO/ fECT10N 1 (COMPLETE iOR ALL TRANSACTIONfI YINIFREO J. HYNES 3022 A North 4th St. Narrtsburg. Pa. 17110. EL1GE11E J, Ht11~5~_i 11iM1FRE0 J. HYNES 3022 A !b. ±tb St. Harrisburq,_Pa.. _}7110. _ _._ . .. ~, •, . ' LOCATgw Of LANG, TEMErlNTf AMO NEREDITAr[rTS: 30¢2 North 4th Stree1H4rrisQur~pa, 17~10___,1~_YARO __ __ AIIPNitI _ r.f. Sf 4lLT ~ rVYak•vV 71wlR Ilk) ~IRI ;,h I. aM~ (.. t,... •L W.aMMIkNI ~1 YM:f _'_ ~_-_- ~ .. i FULL CONf1DERATIDN f ~_.la.~___._ _ .. _ _ __,~ NIGNEST ASS[SSED YALYE S -_-_.... ___ __,_ FAIR W-RKET YALYE f_._ _ _ ___.. __ REALTY TRANSFER TAX /AID f .~~__.... 1 ~_L,.L~p~yMp~ E.~L MEAfONEf~ANO C TE ~OtT10N/Of lAr~,~.~4~ nY~DAFR1 i Nir~EErPT, frOr AMOUNT E7tFMPT, -- ' TAANSF~Rc$Ejy~g~y58At1aAME±~ YIEE.A r FYfwDS 4` _-^_--~ if TNi1 IS A TRANSFER fRCr A STRAr, AGENT OR TRUST AGREErENT, COrPLETE THE REVERSE SIDE. SECTION 11 !COMPLETE OMIT If PROPERTY MAS SUBJECT TO LIEN OR MORTGAGE AT THE TIME OF TRANSFER) EFIST/MGrORTGAGE: S _11000.00 __ _ ..._DISPOSITION TO BE ASSUMED BT GRANTEES YINIFRF~~HYUES__ ___.. Y_ ~ _ ___ 3022_A North.~th.~Street,.liarrisbllr~ P~ 1 0 lapP T _...., . ,. s, .~ E71ySTIMGrORTGA6E:f _DIfPOSiT10N 'tU JL 'na - -~ -'-- - - - ~ --- .0 .f • --'71T' - _. _ _ _ _ .~. ~. _ 1 C1 ^ kH1 R 1 G •:iC [ ExIfTIMO LIEN OR OBLI6ATNIM: f DISPOfITIOM_ __.____ -_ _. _ . ~ O N of "~ C ~-^~plti.ry t EYISTING LIEN OR OBLIGATION: f OIfPOS1T10N~ _ ~ f~A 1 44 SECTNIN NI } CCOMPIETE ONLT {f TRANSFER IS RESULT Of JUOICIAI tALEI OIHCIAL CONOYCTw6 SALE _~-- • . r - V M~YI al l!Rl is 1.:, , fYCCESSfY4 BIDDER w aYk , >s 1~.~ /IW0[rEMT PIYf -RIOI L/E rS Bw PBItE NIGN[Si ASf[SSCD ~ rAEYE ~ Irr ' sT If -~-----i nD h11CE f - • - - -- ~ /RNM RECORREB l1Er ~- f ~- --~ f - ~- ~ ~ -- -- ~ "" IRN/R fE OEOE TORT AG! 1 f ~~-~-~~ ~ - -' P 10 REAL [STATE TA7 rAT R NT ! f f ~J -~ -'- E rA6 T 1 T OTHER KOfTf tTCJ S f TOTa L E f • -- -~----~-~ wTl1 CAitYLA1N1Mf rYfT BL fNOrN w All COLYrMI. ~~~~~~,,,,~1~~~~~~~~~~~~ (NORM AND fYB>rrlRav~ __ -- ~` f~ rt TNIf ALL Of TNB rlfORrA TION ENTEBEO ON BD TN sgtS Of THIS AFSIDArIr is ~~ ,,. ~l•• M rJ0 • /~ TRYE, fYLI ANO COr-LE TE TO THE BEIT 01 rY RNOrLED~[, MFORNAi10N (~~ W t~a5.a~/~. -as va rT cairssiy~M~h10` K ;~~~~i wMTC i ., wcewr w eNANTSs ~: .,~ ~;J ~ f'~~• (_j GN ANTOR L~ AGENT FOIE GNANTOR •• .. ~ ~ A~ ~~~.~~ { j STRAN ;~ TRtJETE:s ~•aryu+n•setTN or rre.r~rarA~•rA +.~ut'.VTY nt• ....GAIlP.11lg ....................................._. 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'• ~• .; :...~.~..~...~..1~ ..f :w:.__ lfy rawMf..IM N'err.:..~J..~r.~..T.......I,..~l~a..~.l,Z.,C.•..:....~.. / Arri b~ ~rrfl// tlHt !1r Pseelir Rnid~wrr .J ftt~ Or~wln. lw titr rNA4 M-i.4:...:.:..»........_ ................................~2..iiA~tll..t~ltrLA~..itr.~tt...lYtrrlsblaea...C~llphie..toaa~t,.?~s~1.wn~• .»'.........»......Anese~ he o...t... ...... Q ~ ll F i ti , 1 ~ i i ~ ~ ! __ ~ w ~ ~ . ~ 1 ~ ( 1 ~' ~~ ~~ ~ ~ ~ t ~ ~ , ~~ i ~ 1 ? 4 ' ~ /•pYfltlN '.ALTN bi' I'A\~'X1'Lt'A\fA r .............. ~~ . ~v~Y~ 1 ~. ilKaritri~ In the Otf for Recording of Deeds. Mort~es, etc., in aid for the County of ~ /~....~ ' in ~eee) IIook 9/ Vsi: ... . Page /G~ ~ /P,cc..~,~ •ttarss My Hind and Seal of Ofiice~ this ~/~ dyr of Anno Dornini 19 ~ 9 n C' ~ ~i~t~ L eoa ~I ~IfiJ .; =s' ie{. i.; <., .... !il t~,. i'# 'Z. ;L ..s #.:; t:s '(', yd{:;}+:e? ('i ~,f :i. i'2 :i. 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Y, . , "{+?!, !" 3" :'r. 2°s j:} 3:i {" ttf ! ~l-1. iii: (.} #.} 1" iFw :f. 2.. !.~ i:l 'f' {:} !" iy! :! ~}d ! ~/ Ci 4:! . ~J t3 { of :i..I:.(. y . i i•! {.i t" +, I•Y {:t t <ii iit. it {:# {:f 1:f :i::t. i:i. t•: ,ii) f7 i`} #''liii {•, r:: i'2 f? , :I.~E~•~t L~ y ~.J f:f 2u r,•;? y:~ #'i }'~i+ ~ t {^ i:r.{,.a , . ~.. ...... ....:....:... _....__~.._ 14 ~.. z~ .~8 l .' :.. i't :i. ;' $ _ ti:i .:j I' !'i f.:s ri ........7. _.... ~~ cl~i:'~.c:? ///-_ t::.{.{ a,'i??.!'i?{ ,..5 . •'ItLi'ikd°i f,:(ti;.%!C? - :: G.QI~~cN ~(IP.3~` KdipBLE, [ti4~'ARY P~~LIC i~@tlimissli>7'i EXQi*es [larch 2S.'199I; Wig, 4~t ,..:..~aupi~itr``C~anfy PLAINTIFF'S EXHIBIT __ ._ ._. ____ _ _ _._... - ----- _._ _ ---- ~_..~~_ 7~Q' ~ 6 0~ r John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell~pkh.com _ t_ ~ki C('1 ,, 1- ~ t k 1 r ~x~ C~~ ,_ EUGENE J. HYNES, JR., Plaintiff v. WINIFRED J. HYNES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5128 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION FOR RECONSIDERATION AND NOW, comes the Plaintiff, Eugene J. Hynes, Jr., by his attorneys, Purcell, Krug & Haller, who moves the Court to reconsider its decision dated July 12, 2010, in the above-captioned action for the following reasons: 1. Plaintiff previously filed a Declaratory Judgment Petition to determine the validity of an alleged Post Nuptial Agreement (hereinafter "Agreement") entered into between the parties on August 23, 1988. 2. The primary contention of the Plaintiff was that the Agreement was invalid for lack of consideration, on the basis that the Plaintiff, while giving up something he already owned, received nothing in return for the promises set forth in the Agreement. 3. At the hearing, the Defendant testified that the consideration for the promise to relinquish that which was gifted to the Plaintiff nine years earlier was her agreement to purchase another property that the parties eventually lived in. 4. The Defendant testified, however, that the purpose of purchasing another property was so that the children would move out of the Harrisburg School District and into a School District on the West Shore. 5. There is nothing in the Agreement indicating that it was based on the consideration testified to by the Defendant. 6. In fact, the Agreement specifically indicates that it was based on a belated agreement to recover her equity in the property that she had previously gifted to her husband. 7. The Court's decision dated July 12, 2010, is based on the credibility of the parties. 8. The Plaintiff contends that regardless of the credibility of the parties, whether it was based on the decision to purchase an additional piece of property or not, such still does not rise to the level of consideration for the Agreement. 9. Defendant's contention that the purchase of another property was adequate consideration is not something of value passing to the Plaintiff, inasmuch as the Plaintiff has to pay for that also. In effect, the consideration that Plaintiff received had no value, since it require him to pay for what he was receiving. 10. Regardless of the credibility of the parties, which are patently irrelevant to the legal question, there is inadequate consideration for the Agreement to substantiate the validity of the same. a WHEREFORE, Plaintiff requests this Honorable Court to reconsider its decision in the above-captioned action and enter an Order invalidating the Post Nuptial Agreement in accordance with the Plaintiffs original request. PURCELL, KRUG & HALLER By: John .Purcell, Jr.` 9955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff DATE: ~ J~,l ~ ~ b 1 ~ CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same via first class U.S. Mail to: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Ste. 102 Camp Hill, PA 17011 ~~ ~~('~ Kim erly S. DeF Ic ,Legal Assistant to John W. Purcell, Jr., Esquire PURCELL, KRUG & HALLER I.D. No. 29955 DATE: 7l©Z I l I s . .~' John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com EUGENE J. HYNES, JR., Plaintiff v. WINIFRED J. HYNES, Defendant F[t t-l: -~~Y ~~ ~~~ r .~. 2010 ~ ! ~Z ~~11 ~ i} ,, GiJlv`~~_ ._ ' l i . ~.. ;, r:' , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5128 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR RECONSIDERATION FACTS AND PROCEDURAL HISTORY Plaintiff filed a Declaratory Judgment Petition to determine the validity of an alleged Post Nuptial Agreement entered into between the parties on August 23, 1988 (hereinafter "the Agreement"). The reason the Petition was filed by the Plaintiff was because the issue of the validity of the Agreement was raised before the Master after the matter was referred to the Master for a special Master's Hearing on the divorce. According to Master Robert Elicker, the resolution of issues concerning the legal validity of Pre or Post Nuptial Agreements needs to be made first by the Court, before a Master's Hearing, so that the legal issues are resolved prior to factual determinations by the Master. Hence, Plaintiff filed its Petition for Declaratory Judgment. The primary concern of the Plaintiff was that the Agreement was signed without any adequate consideration passing between the Defendant and the Plaintiff. Secondarily, the Agreement was signed under duress which explains whey there was little discussion between the parties concerning the reasons for the Agreement. After a hearing on July 9, 2010, the Court found that the Agreement was valid based on the credibility of the parties, without any discussion of the contract consideration issue presented to the Court. Plaintiff's contention is that regardless of the allegations of the parties, Plaintiff still received no consideration for giving back to the Defendant what had originally been gifted to him nine years earlier. In effect, the legal issue does not hinge on a finding of credibility. In support of Plaintiff's Motion for Reconsideration, Plaintiff files this Memorandum. II. DISCUSSION Irrespective of the credibility of the parties, the legal issue to be determined by the court is whether there was consideration to support the post-nuptial agreement between the parties. The Court's order of July 12 doesn't not appear to address that issue. Plaintiff contends that he received nothing in exchange for his agreement to give up that which he already owned. Defendant contends that the consideration was her agreement to purchase a new home. Both parties testified and agreed that the reason for purchasing the new home was so they could move the children out of the Harrisburg school district, prior to the post-nuptial agreement. In addition, Defendant also contends that her agreement to purchase a new home was not merely a mutual agreement between the parties, but also the consideration for her post nuptial agreement. Plaintiff testified that was not the case. The court resolved that particular factual issue in Defendant's favor, based on credibility alone. Plaintiff now contends that even if the credibility issue is resolved that way, it still does not 2 rise to the level of supporting consideration for Plaintiff giving up $30,000 of equity in the property. A contract is formed when the parties to it (1) reach a mutual understanding, (2) exchange consideration, and (3) delineate the terms of their bargain with sufficient clarity. Company Image Knitware Ltd. v. Mother's Work Inc. 909 A. 2d. 324 (Pa. Super 2006). Consideration is sufficient when it confers a benefit upon the promisor or a detriment upon the promisee. Company Image Knitware, Ltd, supra. It is not enough, to find consideration, that the promisee has suffered a legal detriment at the request of the promisor. The detriment incurred must be the quid pro quo, or the price of the promise, and the inducement for which it was made. Weavertown Transport Leasing, Inc. v. Moran, 834 A. 2d. 1169 (Pa. Super 2003). If the promisee merely intends to confer a gift on the promisor upon the performance of a condition, the promise is gratuitous and the satisfaction of the condition is not "consideration". Weavertown, supra. Finally, adequate consideration is one which is equal or reasonably proportioned to the value of that for which it is given. Estate of Beck, 414 A 2d 65 (Pa 1980). Here, Plaintiff's agreement to relinquish the gift given to him 9 years earlier by his wife was allegedly in return for her promise to buy another house with him. However, both parties had already agreed to purchase a house. ' There is nothing in the written agreement that even mentions the purchase of a new home, and the consideration testified by the Defendant post hoc is not set forth in the agreement with anything remotely resembling clarity. Company Image Knitware, Ltd, supra. In fact, the written agreement specifically says that the consideration is the "belated" acknowledgement of the past transfer of equity, which is clear 1 And consideration is not found where the promisor promises to do something already agreed upon. Such a promise adds nothing and takes nothing from the original obligation. Sams v Sams 808 A 2d 206 (Pa Super 2002} 3 past consideration, as discussed in Plaintiff's Trial Brief submitted at the time of the hearing. There is no reference to purchasing additional property. If her agreement to purchase another property was consideration for a written contract, it should be at least mentioned in that contract, not contrived at a later date. Additionally, even if one assumes that the consideration was Defendants agreement to purchase the property, that property had to be purchased and paid for by the parties, requiring more value to be paid by Plaintiff. In effect, all value in this so-called Post nuptial agreement flows away from the Plaintiff. He has to relinquish $30,000 worth of equity in return for the "privilege" of paying for a new house. He pays both ways. The consideration was not "reasonably proportioned" to the value of that which Plaintiff gave up. Estate of Beck, supra. Defendant incurred no detriment, as she would have purchased the property anyway. Under any interpretation of the testimony and evidence, regardless of any findings of credibility, 2 there was no consideration received by Plaintiff, or conferred by Defendant, to support the grant of the equity in the house. z Even though the court did not indicate in its order exactly what testimony of the Plaintiff the court found incredible, Plaintiff suspects that it was his inability to relate why he signed the contract without fleshing out the Defendant's motives for the same. The testimony relating to the duress Plaintiff was under was advanced, partially, to explain that; i.e., his ability to communicate and deal with his wife during that time was affected by the abusive relationship, was non-existent, so he therefore could only surmise her motives. For the forgoing reasons, the court should reconsider the issue of lack of consideration for the post nuptial agreement in question, and rule that it is indeed without consideration and invalid. PURCELL, KRUG & HALLER By: DATE: ~ ~~ 1 John . Ptr~seil, Jr.,~i ID 9955 19 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff 5 f CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same via first class U.S. Mail to: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Ste. 102 Camp Hill, PA 17011 Kimberly S. DeFalc egal Assistant to John W. Purcell, Jr., Esquire PURCELL, KRUG & HALLER I.D. No. 29955 DATE: ~ / ,,,~ T ~- c,;. t ~y N._ 2~EU.1[J~. iU ~:~ ~~ Jai ~M l ~ 35 ~ ~ n r } MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attomev for Defendant EUGENE J. HYNES, JR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. WINTERED J. HYNES, Defendant NO. OS-5128 -CIVIL TERM CIVVL ACTION -LAW IN DIVORCE ANSWER TO MOTION FOR RECONSIDERATION AND NOW, comes Defendant, Winifred J. Hynes, by and through her attorney, Maria P. Cognetti, Esquire, and files this Answer to Motion for Reconsideration and in support thereof avers as follows: 1. ADMITTED. 2. DENIED. It is specifically denied that Plaintiff's primary contention was that the Agreement lacked consideration. Based upon his testimony, it would appear that his primary contention was that he signed the Agreement under duress.. 3. ADMITTED with clarification. Defendant (hereinafter "Wife") testified that the consideration to Plaintiff (hereinafter "Husband") was Wife's agreement to utilize the equity in the Harrisburg property to purchase the Camp Hill property. Absent Wife's agreement, Husband would not have been able to utilize the equity. 4. ADMITTED with clarification. The parties' reasons for purchasing a home outside of Harrisburg do not go to the validity of the Agreement. Husband desired to buy another property by utilizing the equity in the parties' current home. To do so required Wife's consent and cooperation; thus the consideration for the parties' Agreement. 5. DENIED. It is specifically denied that there is nothing in the Agreement indicating that it was based on the consideration testified to by Wife. To the contrary, the Agreement clearly indicates that Wife wanted to protect her equity in the property in exchange for allowing further debt to be placed on same. 6. ADMITTED with clarification. The Agreement was not a "belated agreement." The Agreement was to provide Wife financial compensation for her equity which the parties, at the time of signing the Agreement, intended to use to purchase another property. 7. DENIED. The Order speaks for itself, and thus, the allegations of Paragraph 7 are denied to the extent that they are not wholly consistent with the terms of the Order. 8. DENIED. It is specifically denied that an agreement to purchase another piece of property is not valid consideration, when use of the equity in the subject property required cooperation of both parties. Moreover, credibility of the parties is certainly relevant to the Court's determination. 9. DENIED. It is specifically denied that Wife's position was that the purchase of another property was adequate consideration. Husband continues to mischaracterize Wife's position. The parties' Agreement was predicated on the use of the equity in the Harrisburg property to purchase another property, not simply Wife's agreement to purchase another property. It is further denied that the consideration that Husband received had no value. Wife acquired the equity in the Harrisburg property before her marriage to Husband, thus he did not "pay" for it. By entering into the Agreement, Husband was permitted to use that equity in order to purchase another property. 10. DEI~TIED. It is specifically denied that the credibility of the parties is patently irrelevant to the legal question and that there is inadequate consideration for the Agreement to substantiate the validity of same. WHEREFORE, Wife requests this Honorable Court deny Husband's request for reconsideration. Respectfully Submitted, MARIA P. C~GNETTI & ASSOCIATES Dated: July 28, 2010 By: MARIA PK CO~1rTETTI, ESQUIRE Attorney I.D. N .27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 Attorneys for Defendant VERIFICATION I, Wendy J. Hynes, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: Wendy J ynes ' CERTIFICATE OF SERVICE I, Karen A. Sheriff, hereby certify that I served a true and correct copy of the foregoing Answer to Motion for Reconsideration at the address indicated below: John W. Purcell, Jr., Esquire PURCELL, KRUG & HALLER 1719 N. Front St. Harrisburg, PA 17102 Service bv: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES e Date: July 29, 2010 By: N A. SHERIFF, EGAL 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 t EUGENE J. HYNES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-5128 CIVIL WINIFRED J. HYNES, Defendant IN DIVORCE IN RE: MOTION FOR RECONSIDERATION ORDER AND NOW, this /61 day of August, 2010, following consideration of the within motion and the answer filed thereto, the Court declines to reconsider its order of July 12, 2010. BY THE COURT, Hess, P. J. John W. Purcell, Jr., Esquire For the Plaintiff Maria P. Cognetti, Esquire For the Defendant :rlm Cop;es "1 C C.3' S U T A 2011 A G! 7 PM I: 2 7 C[111BERLAND COUNTY PENNSYLVANIA MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant EUGENE J. HYNES, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. WINIFRED J. HYNES, Defendant DOCKET NO. 05-5128 CIVIL ACTION -LAW IN DIVORCE NOTICE OF ELECTION TO RESUME MAIDEN NAME Notice is hereby given that a Complaint in Divorce was filed on September 30, 2005. WINIFRED J. HYNES, Defendant hereinabove, hereby elects to resume her prior name of WINIFRED J. ANTHONY and gives this written notice of her intention in accordance with the provisions of 54 Pa.C.S. § 704. ?j , ?. , A-- WINIFR J. HYN S, to known as WINIFRE . ANTH NY .oo?a ? 11 a Q,?-? Ck 14 S t W 2101% COMMONWEALTH OF PENNSYLVANIA ??X1QnGl., ss. COUNTY OF On the *1 a+h day of u. , 2011, before me, a Notary Public, personally appeared Winifred J. Hynes t/b/k/a inifred J. Anthony known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANUI 14? . Notarial Seal Notary Public Michele L. Bell, Notary Public Derry Twp., Dauphin County My Commission Expires March 22, 2012 Member, Pennsylvania Association of Notaries EUGENE J. HYNES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 5128 CIVIL TERM WINIFRED J. HYNES, : CIVIL ACTION - LAW Fib Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE-- P- TO THE PROTHONOTARY: Please withdraw the appearance of Maria P. Cognetti, Esquire, as Attorney of record for Winifred J. Hynes. F?espectfully ed, Date. Maria P. ogne i, Esquire I.D. No. 27914 210 Grandview Ave., Suite 102 Camp Hill, Pa. 17011 (717) 909-4060 Please enter the appearance of Jane Adams, Esquire as Attorney of record for Winifred J. Hynes. Date: / 0 0e, d /// Respectfully Submitted: ne Adams, Esquire D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 EUGENE J. HYNES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c, C-D .E V. : NO. 05 - 5128 CIVIL TERM WINIFRED J. HYNES, :CIVIL ACTION -LAW a CD'- Defendant . IN DIVORCE -? > c-,. =C - - AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on SepternbE30, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 41/ u ne J. Hyn s, Jr., Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ne J. Hynes, Jr., Plai K - EUGENE J. HYNES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5128 CIVIL TERM WINIFRED J. HYNES, : CIVIL ACTION - LAW Defendant : IN DIVORCE a; AFFIDAVIT OF CONSENT; ` 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on ?endfor 31.P 2005. r~ z -? >C-J ? 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days ira@elC10ed(Dj?T'; from the date of the filing and service of the Complaint. -; 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request f' entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: I Z`? / inifred . Anthony, a ndant F/k/a W nif d J. Hynes WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 1 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ?, dye Date: 1111112- -=?' Winifred. . Anthony, D fendant . F/k/a ifred J. Hynes (? EUGENE: J. HYNES, JR., Plaintiff VS. . WINIFRED J. HYNES, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5128 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this c?&P( day of Q/L?, 2012, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated January 19, 2012, 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, 00. / cc: /John W. Purcell, Jr. Attorney for Plaintiff 'l Jane Adams Attorney for Defendant y?iC G Kevyf A. Hess, P. J. n oo N C ? --n M r*i . _ ? -Dr- V, N CD W ?`- - L ; -r L / .. fT. ?4 ns 5/ ?B 741--Gew - 046 e e o? e Pr° ao/z Jan a3 PA = 2 ?'vr? bar Gin ?? C'o??? Lvar?la SEPARATION AND -poll /7,5 Y PROPERTY SETTLEMENT AGREEMENT BETWEEN EUGENE J. HYNES, JR., AND WINIFRED M. ANTHONY j 0 THIS AGREEMENT, made this day of January, 2012, by and between Eugene J. Hynes, Jr., hereinafter referred to as Husband, and Winifred M. Anthony (formerly Hynes), hereinafter referred to as Wife. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 22, 1979; and WHEREAS, one child was born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated in October 2005 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, John W. Purcell, Jr. and Wife by her attorney, Jane Adams have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. 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 nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and hold Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and hold Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: Mortgage in the Amount of approximately $26,000.00 on jointly held real estate located at 3022 N. 4t' St, Harrisburg PA. In the event that either parry contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Progerty. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and third marriage for Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division of being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. Husband sign a Deed to transfer to Wife all of his interest in and title to their jointly owned real estate at 122 North 27th Street, Camp Hill, Pennsylvania 17011 within seven (7) days of this Agreement. Husband's attorney will hold the said Deed in escrow and shall release the Deed to Wife immediately upon receipt of the Divorce Decree. In exchange for Husband relinquishing all right, title, and interest in this home, Wife shall be solely responsible for the payment of all current and future taxes, insurance and utility bills relative to said real estate. Wife shall pay and discharge said obligations on said premises, and shall indemnify Husband from any loss by reason of her default in the payment thereof, and shall hold Husband harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against him by virtue of her default. The parties are presently the current owners of certain real estate located at 3022 North Fourth Street, Harrisburg, Pennsylvania 17110, which both parties agree to immediately sell to Joseph Perkins, Owner, Trinity Construction Group, LLC for the sum of $67,000.00 gross, and after settlement, and payment of the existing mortgage in the amount of approximately $26,000.00 and other costs of settlement. Wife will sign the sales agreement regarding this property within two days (2) of this Agreement. Husband shall pay and discharge all taxes, insurances, utility bills and any other costs of ownership relative to said real estate that are due and owing on the date of sale, but then shall be entitled to all of any escrow refunds. The sum of $30,000.00 will be paid to Wife upon settlement upon the property regardless of the total of the proceeds. The remainder of any net proceeds over $30,000.00 from the sale of this home shall be divided in equal shares between Husband and wife. Should the property not be sold to Joseph Perkins as aforesaid, both parties will cooperate in listing the property within thirty (30) days and selling the property. Husband shall maintain all expenses of the property pending sale. Husband shall be reimbursed for the amount paid towards the mortgage from the date he moves out of the property until the sale from the net proceeds. (after the $30,000.00 payment to Wife mentioned above is paid). 7. Pension. The parties have agreed that in order to effectuate a 50/50 distribution of all of the marital property, Wife shall receive 24 percent of the marital portion of Husband's SERS Pension, which shall include 24 percent of the monthly payment after retirement, and 24 percent of the marital portion of any lump sum return of contributions pursuant to the options for retirement allowed under the State Employees Retirement System, as calculated by Jonathan Cramer of Conrad Siegel Actuaries, with the parties equally sharing the cost of the preparation of a Qualified Domestic Relations Order prepared by the said Jonathan Cramer. Husband waives all interest in Wife's SERS Pension. Both parties waive any right to be named as surviving spouse under each other's respective pensions. 8. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony, (except as set forth herein). Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony, modification or extension of same, brought by or on behalf of the other and the results of such action, such indemnity to include the actual counsel fees of the defendant in any such future action. 9. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 10. Prior Tax Returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and hold the other party harmless from such tax liability, penalties, interest, counsel fees, accountant's fees, costs and expenses. 11. Divorce. A Complaint in Divorce has been filed to No. 05-5128 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an Affidavit of Consent, evidencing their consent to the divorce, contemporaneously with signing this agreement, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other parry's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding parry, there shall be no defense to such action asserted. 12. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 13. Reconciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 14. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, civil or criminal, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 15. Waivers of Claims Against Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Each further waives any right to inherit or receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or insurance policy, unless such Will, Codicil, or insurance policy (designation of beneficiary) is dated subsequent to the effective date of this Agreement. 16. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 17. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 18. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 19. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20.. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 21. Entire Agreement. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502(d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any right to seek court relief for the purpose of enforcing the provisions of this Agreement. 22. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement and, where such law is inconsistent, the terms of this instrument shall govern. 24. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 25. Descriptive Head jMs. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. E ene J. nes, Jr. Hus and Date: 1119`17? / -2 Winifre ' . Anthon , Wife Date: / //I 2p ? Z s John W. F cell. Ar,. F.sgkiiAe ID #2995' } Purcell, le 1719 No% Harrisburg, A (717) 234-4178 jpurcell@pkh.com ii_?? I It E r E 2 JAN 24 PM 3: 5? CUMBERLAND {.U?uk? I ENNsYLY/kNIA EUGENE J. HYNES, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-5128 CIVIL TERM WINIFRED J. HYNES, CIVIL ACTION-LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under 3301 c of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was served by personal service by Cumberland County Sheriff on May 1, 2006. 3. Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: By Plaintiff: January 19, 2012 and By Defendant: January 19, 2012. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: ; (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached: -1. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:January 19, 2012; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 19, 2012. Respectfully submitted, PURCELL, KRUG & HALLER B tom. Y. d"ohn urcell, Jr., EV ID 955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff DATE: January 24, 2012 l COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Eugene J Hynes Jr. CIVIL ACTION - LAW Plaintiff IN DIVORCE VS. Winifred NO. 05-5128 Civil Term _ Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of the parties, Eugene J. ? Hynes, Jr., Plaintiff, and Winifred , Defendant, do hereby Agree and Stipulate as follows: X. Anfivrty The Plaintiff, Eugene J. Hynes, Jr. (hereinafter referred to as "Member"), is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS") 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa_ C.S. §§5101-5956 ("Retirement Code"). 3. The Defendant, Winifred (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. M' Anun?'l 4. Member's last known mailing address, date of birth and Social Security number are: 3022A N. 4th Street. Harrisburg, PA 17110 Date of Birth: See Addendum Social Security No.: See Addendum 5. Alternate Payee's current mailing address is: 122 N. 27th Street Camp Hill, PA 17011 Date of Birth: See Addendum Social Security No.: See Addendum It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 6. (a) The marital property component of Member's retirement benefit equals (1) the coverture fraction multiplied by (2) the Member's retirement benefit on the effective date of Member's retirement. (b) The coverture fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by SERS, from June 22, 1979 (the date of marriage) to September 30, 2005 (the date of separation). The denominator is the total amount of Member's service, as defined by SERS, on the effective date of Member's retirement. (c) 24.00% of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 7. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoe increases, but excluding the disability portion of any disability annuities paid to Membef by SERS as a result of a disability which occurs bef bre Member's marriage to Alternate Payee br after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement. benefit, as set forth in Paragraph 6, after the application of the appropriate early retirement ?wfi,arial reduction factor, if any, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 8. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any pre-retirement death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 9. The term and amounts of Member's retirement benefits payable after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with SEPLS shall be in accordance with Paragraphs 9(a), 9(b) and J(.,) as follows: 2 (a) Member may elect to receive, by lump sum, 0%o to 100% of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: (1) The accumulated deductions as of September 30, 2005, together with statutory interest (currently 4% per year) from September 30, 2005, through the Member's date of retirement. (2) 21.07% (which is 24.0% times a coverture fraction as of September 30, 2005, 26.28 marital years divided by 29.94 total years). (3) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the effective date of Member's retirement. If the Alternate Payee is not living at the time of Member's retirement, the Alternate Payee's share of any lump sum refund of accumulated deductions shall revert to the Member. (b) (i) If the Alternate Payee is living at the time of Member's retirement, Member shall elect a joint and survivor annuity as set forth in 71 Pa. C.S. §5101 et seq, or any succeeding statue. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the annuity shall be the equitable distribution portion (as defined in Paragraph 6) adjusted actuarially for any accumulated deductions paid to the Alternate Payee (pursuant to Paragraph 9(a)) and, since the cost of the survivor annuity is to be paid by the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of the annuity payable to the Alternate Payee during the Member's lifetime. The intent of this option selection is to maintain levelized payments to the Alternate Payee for her lifetime in the event of Member's death after retirement. The ?Jternate Payee shall receive a portion of the annuity which is payable to the Member during i,iie Member's lifetime, and the same amount, as a survivor arnuity, if the Member predeceases the Alternate Payee after retirement. If the Alternate Payee predeceases the Member after retirement, the portion of the Member's annuity payable to the Alternate Payee shall revert to the Member. (b) (ii) If the Alternate Payee is not living at the time of Member's retirement, all benefits otherwise assigned to the Alternate Payee shall revert to the Member. Member shall be permitted to elect any payment option with respect to his entire benefit. (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee and over any accumulated deductions paid to the Member under Paragraph 9(a). Any option selected shall not reduce the amount that is to be paid to the Alternate Payee under the provisions of this Order. 10. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 5 11. In the event of the death of Alternate Payee, prior to the receipt of all of her payments payable to her from SERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by SERS shall revert to the Member. 12. Alternate Payee may not exercise any right, privilege or option offered by SERS. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 13. It is speciiicafly intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; 1 (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 14. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 16. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations . Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order -of the Court. 5 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. ti ember Date Drrhey aintiff/ Date Member CO 1'es ryhal'tck for Defendant) Date Payee C ° N MW { -? C-5 -n y.C - 6 BY THE COURT / r„- ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to State Emplovees' Retirement System Only Due to,the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records o, prevent identity theft. Therefore, please forward the following information sheet, to State Employees' Retirement System when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Member Information Name: Eugene J. Hynes, Jr. Address: 3022A N. 4th Street Harrisburg, PA 17110 SSN: Date of Birth: August 12, 1949 Member Attorney's Information Name: John W. Purcell, Jr., Esq. Address: Purcell Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Phone Number: (717) 234-4178 Alternate Payee Information Name: Winifred Jmftwn )A. ,fin f /?pny Address: 122 N. 27th Street I Camp Hill, PA 17011 SSN: Date of Birth: December 15, 1950 Alternate Payee Attorney's Information Name: Jane Adams, Esquire Address: 17 West South Street Carlisle, PA 17013 Phone Number: (717) 245-8508 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: State Employees' Retirement System Legal Office 30 North Third Street, Suite 150 Harrisburg, PA 17101-1716 CERTIFICATE OF SERVICE sending that a true and I, Carol A. Masich, Legal Assistant to John W. Purcell, a copy of the same correct dant, certify copy of the foregoing document was served upon the Defendant, by send via first class U.S. Mail to: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 Carol A. Masich, Legal Assistant to John W. Purcell Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: April 16, 2012