Loading...
HomeMy WebLinkAbout02-3764CAROL J. LYTLE, VS TED L. LYTLE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: v-, CIVIL TERM 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 for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One South Hanover Street, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 - 3166 Sally J. Winder, Esquire Attorney for Plaintiff, CAROL J. LYTLE 9974 Molly Pitcher Hwy. Shippensburg PA 17257 (717) 532 - 9476 CAROL J. LYTLE, VS TED L. LYTLE, Plaintiff Defendant CIVIL ACTION - LAW : : NUMBER: : : IN DIVORCE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML TERM COMPLAINT IN DIVORCE COMES NOW, the Plaimiff, CAROL J. LYTLE, by and through her counsel, Sally J. Winder, Esquire, and represents as follows: 1. Plaintiff is CAROL J. LYLTE, who currently resides at, and whose mailing address is, 455 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, since July 1997. 2. Defendant is TED L. LYTLE, who currently resides at, and whose mailing address is, 455 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, since July 1997. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaimiffand Defendant were married on April 3, 1970 at Hagerstown, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffavers that she has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiffacknowledges having been advised by his/her attorney of record of the availability of counseling sessions and of a list of qualified professionals. Plaintiff further avers that she has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8. Plaintiffrequests the Court to enter a decree of divorce. Sally J. Hinder, Esquire Attorney for Plaintiff, Carol J. Lytle 9974 Molly Pitcher Hwy. Shippensburg PA 17257 (717) 532 - 9476 VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: CAROL J~L ¥~I~LI~ CAROL J. LYTLE, Plaintiff VS TED L. LYTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBE$',LAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: o'~0~L' CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Sally J. Winder, do depose and say that a Complaint in Divorce and Notice to Defend and Claim Rights in the above action was served on Defendant, Ted L. Lyric, on August 20, 2002, by U.S. Postal Service by mailing at the Newville Pennsylvania Post Office, certified mail return receipt requested restricted delivery addressee as evidenced by the attached receipts. These documents were received by Ted L. Lytle on August 21, 2002, as verified by his signature and date on the receipt card attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. ,~mplete items 1, 2, and 3. Also complete ~.~'m 4 if Restricted Delivery is desired. · Print your name and address on the reverse ,so that we can~retum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressedto: ~ally J. Wi~(d~r, A~or~ey for Plaintiff 7002 0510 0002 2. Article Number 3. Service Type .~Certified Mail [] Expmss Mail [] Registered [] Return Receipt for Merchanc,ise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) .~[~Yes 0002 3777 1529 3777 1529 (r~,,s,~? ~o,~ ~v~c~ ~pe0 7002 0510 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M.1035 CAROLJ. LYTLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA Plaintiff * vs. ~ No. 112-3764 Ch'il Term . · Civil Action - In Divorce TED L. LYTLE. . Defendant · WITtIDA~_W_~_L. AND ENT~_~__y OF APPEARAN~_~ TO THE PROTHONOTARy OF SAID COURT: PLEASE withdraw my appeanmce as attorney of record l%r tile Plaintiff~ Carol J. Lyric, at the above-captioned docket_ Respectfiflly submilled by: (?0_ 9974 Molly Pitcher Highway Dale& Shjppensburg, PA 17257 PLEASE enter my appearance as attorney of record on behailfofthe Plaintiff, Carol J. Lyric, at the above-captioned docket. Respectfully submiltecl by: Timothy .1, Colgate-- 1D # 77944 WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA CAROL J. LYTLE, TED L. LYTLE. Plaintiff VS. Defendant No. 02-3764 Civil Term Civil Action - In Divorce rETITION FOR RELATED CLAIMS UNDER DIVORCE coDE AND NOW, TO WIT, this /~ b~ay of ~?d4tP~t~ ,2004, comes the Plaintiff, Carol J. Lyric, by her atXomey, Timothy J. Colgan, Esq., and files this Petition for Related Claims Under Divorce Code of which the following is a statement: cOUNT I - EEOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER 83502(a] OF THE DIVORCE CODE Plaintiff and Defendant have individually or jointly acquired property, both real and personal, during the marriage, in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Defendant requeSts the Court to determine and equitably distribute, divide or assign said marital property, pursuant to §3502(a) of the Divome Code. Respectfully submitted, Wiley, Leaox, Colgan & Marzzacco, P.C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 717-432-9666 Facsimile 717-432-0426 Pa. Supreme Court ID 77944 S: ~CLiENTS~CO L GAN~L YTLE~EL TCLMS. WPD VERIFICATION I, Carol J. Lytle, Plaintiff, verif3' that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that f~lse statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relathag to unsworn falsification to authorities. Plaintiff v IN THE COURT OF COMMON ELEAS CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. LYTLE, TED L. LYTLE. Plaintiff VS. Defendant No. 02-3764 Civil Term Civil Action - In Divorce PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT TO PA.R. CIV.P. 1920.33(b) AND NOW comes the Plaintiff, Carol J. Lytle, by and through her attorney, Timothy J. Colgan, and files the instant Pre-trial statement pursuant to Rule 1920.33(b) and in support thereof avers as follows: 1. Marital Assets: See attached Inventory and Appraisement of Assets. 2. Expert Witnesses: It is not clear at this time what experts, if any, will testify at the time of trial. Expert testimony could be necessary regarding the values of the marital residence, the personalty of the parties, and the financial accounts of the parties. If expert testimony is required, appropriate notice will be provided to opposing counsel and the Master in advance of trial and copies of expert reports will be provided. 3. Fact Witnesses: a. Carol J. Lytle, Plaintiff 455 Springfield Road Shippensburg, PA 17257 Will testify to factors for Equitable Distribution. B. Ted Lytle, Defendant (cross) R.D. gl, Box 1070 Mapleton Depot, PA o ° Will testify to factors for Equitable Distribution. Plaintiff reserves the right to amend this list prior to the Master's hearing. Exhibits: The Plaintiff intends to introduce the following exhibits at the trial of this a. Inventory and Appraisement of Carol J. Lytle; b. Income and Expense Statement of Carol J. Lytle; c. Federal Income Tax Returns of the parties with associated schedules and supporting documents; d. Carol J. Lytle's Year to Date Pay Statement (recent statement to be provided in advance of trial); e. Appraisal of the marital residence; f. Statement from Carol J. Lytle's Cumberland County Employee Retirement Fund balance at or about the time of separation and as of the date of the trial; g. Statement of Annuity AIG Valic Account Number 6907542. h. Statement of Annuity AIG Valic Account Number 6954535. i. Statement of Members 1st Joint Checking Account; j. Statement of Members 1 st Checking Account; k. Statements regarding debt owed on marital residence mortgage(s). 1. Additional exhibits, if any, to be provided in advance of trial. Income Information: See Plaintiff's Income and Expense report which is being filed simultaneously with this Pretrial Statement. Expense Information: See Plaintiff's Income and Expense report which is being filed simultaneously with this Pretrial Statement. Retirement Benefits: Plaintiff has retirement benefits through the Cumberland County matter: Employee Retirement Fund. Plaintiff will have a statement of her Cumberland County Retirement Fund with the balance at or about the time of separation and as of the date of the trial. Marital Debts: See Plantiff's Inventory and Appraisement. Proposed Resolution: Plaintiff would accept sixty (60%.) percent of the marital assets with no alimony to be awarded. Plaintiff's sixty (60%) percent would be primarily comprised of the sale of the marital residence, a portion of the Ingersoll Rand 401 (k) Plan, a portion of the Cumberland County Employee's Retirement Fund, and the division of several other marital assets. By: Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Timothy/J. Colgan, Esquire I.D. #77944 130 West Church Street Suite 100 Dillsburg, iDA 17019 (717) 432-!;}666 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. LYTLE, TED L. LYTLE. Plaintiff VS. Defendant No. 02-3764 Civil Term Civil Action - In Divorce CERTIFICATE OF SERVICE AND NOW, this 2 ~'~d-day of /c¢~,~,~,-x~,r.. _, 2004, I, Timothy J. Colgan, Esquire, attorney for Plaintiff, Carol J. Lytle, hereby certify that I served Plaintiff's Pre-Trial Statement on the parties listed below by depositing same in the United States Mail, first class, postage pre-paid to the following addresses: Kara W. Haggerty, Esquire Abom& Kutulakis 36 South Hanover Street Carlisle, PA 17013 Respectfully submitted, By: WILEY, LENOX, COLGAN & MARZZACCO, P.C. Timothy J Colgan, squire I.D. #77944 130 West Church Street Suite 100 Dillsburg, I?A 17019 (717) 432-9666 ASSETS OF THE PARTIES Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. (x) 2. ( ) 3. ( ) 4. (x) 5. (x) 6. ( ) 7. ( ) 8. ( ) 9. ) x) x) ) ) ) ) x) ) 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Real property Motor vehicles Stock, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and saving~ certificates Contents of Safe Deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value, and current certification) Annuities Girls Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage (%) of ownership, and officer/director positions held by a party with the company) Employment termination benefits; severance pay, Workman's Compensation (claim/award) Profit Sharing plans Pension plans (indicate employee contributic,n and date plan vests) Retirement Plans, Individual Retirement Accounts Disability Payments Litigation claims (matured and matured) Military/V.A. benefits Education benefits Debts due others, including loans, mortgages held Household Furnishings and Personalty (Include as a Total Category and attach an itemized list if distribution of such assets is in dispute) Other 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 NUMBER 1. 1. 2. DESCRIPTION OF Residence: Residence: 1987 Redman PROPERTY 455 Springfield Box 1070 R.D. #1, Trailer Road, Mapleton Depot, PA Shippensburg, PA NAMES OF ALL Carol Lytle Carol Lytle Carol Lytle OWNERS Ted Lytle Ted Lytle Ted Lytle MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses ihave a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 2. 2. 5. DESCRIPTION OF 1995 Jeep Cherokee 2001 Oldsmobile Members 1st PROPERTY Aurora Account NAMES OF ALL Carol Lytle Carol Lytle Carol Lytle OWNERS Ted Lytle Ted Lytle MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses lhave a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 5. 6. 18. DESCRIPTION OF Members 1st Members 1st Ingersoll Rand PROPERTY Account Account 401 (k) NAMES OF ALL Ted Lytle Carol Lytle Ted Lytle OWNERS Ted Lytle MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses lhave a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 18. 18. 19. DESCRIPTION OF Valic AIG No. 7542 Valic AIG No. 4535 Cumberland County PROPERTY Employee Retirement Fund NAMES OF ALL Carol Lytle Carol Lytle Carol Lytle OWNERS MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses l~ave a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 24. 24. 24. DESCRIPTION OF Mortgage: Mortgage: Car Loan: PROPERTY 455 Springfield Box 1070, R.D. #1, 1995 Jeep Cherokee Road Mapleton Depot, PA Shippensburg, PA NAMES OF ALL Carol Lytle Carol Lytle Carol Lytle OWNERS Ted Lytle Ted Lytle Ted Lytle 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 NUMBER 24. 24. DESCRIPTION OF Car Loan: VISA Credit Card PROPERTY 2004 Oldsmobile Aurora NAMES OF ALL Carol Lytle Carol Lytle OWNERS Ted Lytle Ted Lytle In the Court of Conun°n Pleas of Cumberland County, Pennsylvania Phone: Plaintiff Name: Defendant Name: Docket Number: 0 2- 3 7 6 4 PACSES Case Number: Other State ID Number: Carol J. Lytle Ted L. Lytle Civil Term Please note: All correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF f~l_f"O[ ~ / Section I: Income and Insurance Address ?n~) v?0~mat~ ~2a41d O,O~b,g/.~/d' 'P',~ . TypeofWo~k- -~Vtfr:~ /rta I.Z,'>-Z,~k '-' ~ Payroll No. G~oss Pay'per l~ Per~od $ c~; [_~ /d3.2 0 Pay Period (wkly.~tc.) Itemized Payroll Deductions: Federal Withholding $ /~.~,~.J Social Security $,~0~, ~'ff, Local Wage Tax State lncome Tax $ ~0°~ Retirement ~ ].~...l~ Savings Bonds Credit Union $ Life Insurance Health Insurance Other Deductions (specify) ~:~C~?'~' $ 5-/~ ,0~ t~ ~/ $ t. ~o Net Pay per Pay Period OTHER (Fill in Appropriate Column) INCOME WEEK MO~rH Dividends Pension ~muity Social Securky Royalties E~enm Account Gifts U~loy~m Compen~tion O~er ~er TOTAL $ $ $ ~.O TOT~ INCOME $ O~mershlp * PROPERTY OWNED DESCRiPTiON VALUE H W J SavingsAc¢°unts /~~ i~'~t..I/~ 9~.~7 Credit Union ,= Stocks/Bonds Va.I; c h ~ ~ ~ /~ flO . * H:=Husband; W=Wife; J=Joint Form IN-008 Service Type Worker ID Income and Expense Statement PACSES Case Number Coverage * INSURANCE COMPANY POLICY # H W C ,// Hospital ~-/(~n ~, e~ ~)0'~0 - Blue Cross Blue Shield ~ * H =Husband; W =Wife; C = Child Attach Section H: is to be filled out by a person ~ who operates a business or practices a profession, or is a member of a partnership or joint venture, or (3) is a shareholder in and is salaried by a of the following Supplemental Income Statement similar entity. ~armership, joint venture, business, profession, (1) the most Income Tax Return, and (2) the most recent Profit; Loss Statement Name of business: Address and telephone number: Nature of business (check one) [] (1) partnership [] (2) joint venture [] (3) profession [] (4) closed corporation [] (5) other Name of accountan£, con~xolle/r other person in / Annual income fromTess: (1) How/n is income received? / (2) /oss income per pay period: /- financial records: Service Type M Page 2 of 3 Form IN-008 Worker/D 21205 Income and Expense Statement PACSES Case Number Section HI: Expenses Instructions: Only show extraordinary expenses in this section unless you fdled out Section I1 on page two. The categories in BOLD FONT are especially important for calculating child support. If you ,.re requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Uongage/~m $ S l$00 S 15, bO Maintenance Utilities o. Telephone 50 /~b 0 S~w~r Emplo~ent ~blic Transpom $ $ $ Taxes Pe~nat Propeay Im~aaee Homeowner's $ $ $ ~,omo~i~e 7 / 5 Life Accident O~er Automobile Medical D~t°r $ $ $ O~mdontist Hos~ Me~e ~ fro ~c de~) (Fill in Appropriate Column) EXPENSES (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clothing $ * $ I GOO natruresser II Credit Payments Credit Card Memberships Loans Credit Union $ $ $ Miscellaneous Household Help $ $ $ child care Papers/books Maeazines. Entertainment Pay TV Vacation 2000 Gifts ,.ti OO Legal fees Charitable Contributions other Child ' ' Sunnort Alimony Paxanents OtheraOIE["C2llO~. 5'iq fi een~,t $ ~ $ 0 7 Total{ MONTH I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relati~ to unsworn falsification to authorities. Dat~' ~ef~nda.n0 Page 3 of 3 Form IN-008 Service Type Worker ID 0 C Z m f~ 7 3> '-< .< m rn Z rtl o~ ~ z _~ Z Z r'n i-Fi 131 ~> Z VALIC TRANSACTION CONFIR[ DIRECT ALL INQUIRIES TO: VALIC - NORTH ATLANTIC REGZONAL OFFICE 450 HEADQUARTERS PLAZA MORRZSTOWN Nd 07960- 0 REGIONAL OFFICE PHONE ( ) - GROUP: PLAN: SUBGROUP: PRODUCT: .TION STATEMENT 63951 QDCF O01 OO1 / 3 UITG-PDP SER12.2 #BYNSGt~/K LYTLE, CAROL 028 455 SPRINGFIELD ROAD SH/PPENSBURG PA 17267-5749 63951 h,,llh,,h,hl,hhh,,Ihh,h,,hh,lhl,,,hh,hhl,l,,I 03082004 ACCOUNT NUHBER: 0001706 6907'542 TRANSACT I ON: TRANSFER Or VALUE EFFECTIVE DATE: 03/08/04 VEH INVESTMENT ;ODg OPTION VALUE TRANSFERRED MVA ADd / VALUE; TRANSFERRED FROM ($) CHARGES(S) TO ($) UNIT VALUE UNITS THIS TRANSACTI0h 001 FIXED ACCOUNT PLUS 004 MID CAP INDEX 010 STOCK INDEX 032 THPLT FOREZGN 036 SHALL CAP VALUE 038 MID CAP VALUE 040 LARGE CAP VALUE Oll ZNTL EQUITIES 012 SOCZAL AWARE 014 SMALL CAP INDEX 056 EVERGRN GR&IN 057 EVERGRN EOT ZNC 192.18 0.00 0.00 0.000000 98.79 0.00 0.00 8.042777 211.91 0.00 0.00 4.815551 103.44 O.00 0.00 1.630097 5.02 0.00 0.O0 1.790905 271.61 0.00 O.O0 2.410561 282.12 0.00 0.OO 1.568133 O.00 0.O0 582.65 1.306485 0.00 O.00 233.01 3.519574 O.O0 0.00 29.01 3.010870 O.OO 0.00 282.14 0.971714 O.O0 O.00 58.26 1.158585 O. O0000O 12.283167 45.912315 63. 453595 2. 804042 112. 673829 179. 909876 445. 974442 65. 204035 9. 635089 269.7?0735 50. 373304 TRANSACTION TOTAL 1,165.07 0.00 1,165.07 001 FIXED ACCOUNT PLUS 010 STOCK INDEX 012 S0CZAL AWARE 032 TMPLT FOREIGN 05? EVERGRN EOT ZNC ACCOUNT SUMHARY AT CLOSE OF BUSINESS ON 03/08/04 $879.03 30% ~D4 MID CAP INDEX 406.81 14% 0111NTL EQUITIES 233.01 8% 014 SMALL CAP INDEX 58.49 2% O!56 EVERGRN GR&IN 58.26 2% $232.06 582.65 202.92 262.14 ALLOCATION OF FUTURE CONTRIBUTIONS: CODE INV OPTION ALLOCATION % 004 MID CAP INDEX ' · 11 010 STOCK INDEX 20 O11 INTL EQUITIES 29 012 SOCIAL AWARE 11 014 SHALL CAP INDEX 10 032 TMPLT FOREIGN 3 056 EVERGRN GR&IN 13 057 EVERGRN EOT 1NC 3 ANNUITY VALUE AS OF 03/08/04: CUHULAT:[VE TRANSFERS FROM FIXED: 17.94% $2,915.3: This statement confirms that you have changed the allocation of your current account balance. If you change the allocation of your future deposits, you ui11 receive a separate confirmation statement. Any amounts transferred Into Fixed Account Plus investment vehtcle within 90 days from the date of the iast transfer out of the Ftxed Account Plus w111 be credited with the pool interest rate declared danuary 1st of each year. Amounts transferred Into the Fixed Account Plus after this gO-day period are credited with the then current interest rate. Securities offered throug~ VAL[C Financial Advisors, Inc., member NASD. ALIC - The Variable Annuity Life Insurance Comoanv AIG VALIC by Phone 1-801)-428-25d~ AIG VALIC Online 24 Hour Automated Access To TRANSACTION CONFIRI DIRECT ALL INQUIRIES TO: VALIC - NORTH ATLANTIC REGIONAL OFFICE 450 HEADQUARTERS PLAZA HORRISTONN Nd 07960- 0 REGIONAL OFFICE PHONE ( ) - GROUP: PI.AN: SIJBGROUP: PRODUCT: TION STATEMENT 63951 QDCF O01 001 / 3 UITG-PDP SER12.2 ~BYNSGNK LYTLE, CAROL 028 466 SPRINGFIELD ROAD SH[PPEN$BURG PA 17267-8749 63861 03082004 ACCOUNT NUMBER: 1001707 GBB4G3B I IIllll I llll IIII ill Ilill Ifil TRANSACTIIoN: TRANSFER OF VALUE EFFECT:];VE DATE: 03/08/04 VEH INVESTMENT CODE 0PTZON VALUE TRANSFERRED MVA ADU / VALUE TRANSFERRED FROM ($) CHARGES(S) TO ($) UNIT VALUE UN/TS THIS TRANSACTION O01 FIXED. ACCOUNT PLUS 004 MID CAP INDEX O08 GOV'I' SECURITIES 010 STOCK INDEX 032 TMPLT FOREIGN 058 CORE BOND 071 DRYFS BAS US HO Oll INTL EQUITIES 012 SOCIAL ANARE 014 SHALL CAP INDEX 056 EVERGRN GR&IN 057 EVERGRN EQT ZNC 703.61 O.O0 0.OO O.OOOOOO 323.55 O.O0 O.OO 8.042??7 480.23 0.00 0.00 2.834033 449.64 O.00 0.O0 4.615551 312.97 0.O0 O.O0 1.63OO97 482.36 O.OO 0.00 1.328593 938.23 0.O0 O.00 1.248894 0.OO O.00 1,885.96 1.306485 0.00 0.00 853.23 3.519574 0.00 0.00 145.O4 3.010870 0.00 O.OO 839.61 0.971714 O.00 0.OO 186.75 1.156555 O. 00OO00 40. 228225 169. 449866 97.418939 191.998150 363. 082955 751. 250573 1,428. 251044 185. 599186 48. 172123 884. 050533 161. 489524 TRANSACTZON TOTAL 3,690.59 0.00 3,690.59 001 FIXED ACCOUNT PLUS 010 STOCK INDEX 012 SOCIAL AgARE 032 TMPLT FOREIGN 057 EVERGRN EQT INC ACCOUNT SUHMARY AT CLOSE OF BUSZNESS ON 03/08/04 $2,989.86 32% 004 MID CAP INDEX 1,297.22 14% Oll ZNTL EQUITIES 653.23 7% O14 SHALL CAP INDEX 186.50 2% OBiS EVERGRN GR&IN 186.75 2% $647.48 7' 1,865.96 2~ 647.94 839.51 9! ALLOCATZON OF FUTURE C0NTRZBUTIONS: CODE INVOPTZON ALLOCATION % '004 MID 'CAP ZNDEX 010 STOCK INDEX 20 011 INTL EQUZTZES 29 012 SOCIAL A~ARE 11 014 SHALL CAP INDEX 10 032 TMPLT FOREIGN 3 055 EVERGRN OR&IN 13 057 EVERGRN EOT INC 3 ANNUITY VALUE AS OF 03/08/04: CUMULATIVE TRANSFERS FROM'FZXED: 19.05% $9,314.5! Thts statement confirms that you have changed the allocation of your current account balance. If you change the allocation of your future deposits, you w111 receive a separate confirmation statement. Any amounts transferred tnto Fixed Account Plus tr~estment vehtcle wtthtn 90 days from the date of the last transfer out of the Ftxed Account Plus wtll be credtted with the pool tnterest rate declared January 1st of each year. Amounts transferred 1nfo the Ftxed Account Plus after thts go-day period are credtted with the then current Interest rate. SecurttJes offered through VALZC Financial Aclvtsors, Inc., member NASD. ALIC - The Variable Annuity AIG VALIC by Phone AIG VALIC Online 24 Hour Automated Access To Life Insurance Comoany 1-800-428-2542 www.aiovalic.com Account Information And Rnrviee~ ?. I BR: 4 DATEg04/07/04 POINTS: .00 ~AF'PRSI_ PPT: iS9,000.00 APF'RSL PT: 05/22/05 ~OR16INAL LTV: .4~ PRICE: Oc) COMMZ? PT: no/Opf~,~ OWNER/OCCUPANCY COPE: ADO~ESS: 455 SPRiNCF2ELD ROAD CITY: SHIPPENSBURG 17257 ¥ F FROg CLASS: INV PEG KEY= MORT MARGIN: ~ONDO PUD CONTRACTOR: BUIL, DER: UNDSTRB IL .296. ~5 0 · OO,:) PROP TYF'~: Oi INSPEGT DT:O0/O0/O0 I NV STATUS: rj ~, INV ACT CD: .00 DRAW COUNTER: 0 CGN ./ FHA / VA / FMHA / O T-IF'.. ~ AMORT TYPE: INV PTD i_-N ZNFO> LOAN FEATURE OTHER F!NANCINS~ 2~ND LIEN: ]:NV LOAN NUMBER~ ::NV ACT DATE~ NUHBER OF UNITS: DWELL TYP: PERCENT COMPLETE: DRAW L. IHIT~ CUSTODIAL ESCROW: ,( Oo/c,O/, AMORT TERM: · 00 ~NT: 0 FHA/VA./SECTiON OF ACT: . O0 FEES: . O0 PYPINT-~: CPM[dENT ~ CLJP:.DERL. ANi5 CAROL J. LYTLE, Plaintiff V. TED L. LYTLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : NO: 02-3764 : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT The Defendant, Ted L. Lytle, files the following Pre-Trial Statement. LIST OF ASSETS - MARITAL AND NON-MARITAL The Defendant, Ted L. Lytle, request a stipulation that the date of final separation was March 2, 2004. The inventory is supplemented with the values of the marital and non-marital property on the attached charts: © Z EXPERT WITNESSES None at this time. Defendant reserves the right to call expert witnesses if necessary. OTHER WITNESSES 1. Ted Lytle 2. Carol Lytle, as on cross. Defendant reserves the right to call other witnesses if necessary. 1. Inventory 2. Income and Expense Statement 3. Form SSA - 1099 Social Security Benefit Statement (2003) 4. MetLife Long Term Disability Explanation of Benefits 5. Additional exhibits, if any DEFENDANT'S GROSS INCOME See Income and Expense Statement attached hereto as Exhibit 2. PENSION AND RETIREMENT See Income and Expense Statement attached hereto as Exhibit 2. COUNSEL FEES Counsel fees to date total $5,000.00. It is anticipated that there will be additional counsel fees in this matter. PERSONAL PROPERTY See Inventory attached hereto as Exhibit 1. EXHIBITS PROPOSED RESOLUTION OF ECONOMIC ISSUES 1. Mrs. Lytle would receive all the proceeds from the sale of the property at 455 Springfield Road. 2. Mr. Lytle would receive all title and interest in the Mapleton Depot property. 3. Each party would waive all rights and interest in the other's retirement accounts. It is anticipated that the parties will be able to reach an amicable resolution in this matter. DATE Respectfully submitted, ABOM & KUTULAKIS, L.L.P Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 CAROL J. LYTLE, Plaintiff V. TED L. LYTLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 02-3764 CIVIL ACTION - LAW IN DIVORCE INVENTORY OF TED L. LYTLE, DEFENDANT Defendant, TED L. LYTLE, 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. EXHIBIT 1 ASSETS OF THE PARTIES TED L. LYTLE marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposk (X) 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. Business (list all owners, including percentage c,f ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY TED L. LYTLE lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS NUMBER 1 455 Springfield Road Shippensburg, PA Ted & Carol Lytle 1 Box 1070, RD 1 Mapleton Depot, PA Ted & Carol Lytle 2 1995 Jeep Cherokee Ted & Carol Lytle 2 2001 Oldsmobile Aurora Ted & Carol Lytle 5 Members is Account Ted 'Lytle 5 Members 1't Account Carol Lytle 19 Ingersoll Rand 401 (k) Ted Lytle 19 Cumberland County Employee Carol Lytle Retirement Fund Vailc AG No. 7542 Valic AG No. 4535 18 Carol Lytle 18 Carol Lytle 24 Visa Credit Card Carol Lytle NON-MARITAL PROPER~Ut' TED L. LYTLE lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM NUMBER 25 25 25 DESCRIPTION OF PROPERTY China Personal Papers (i.e. birth certificate) Items in safe REASON FOR EXCLUSION Belonged to Ted's mother Ted Lytle Ted Lytle ITEM NUMBER PROPERTY TRANSFERRED DESCRIPTION OF DATE OF CONSIDERATION PROPERTY TRANSFER PERSON TO WHOM TRANSFERRED ITEM NUMBER 2 2 24 DESCRIPTION OF PROPERTY 455 Springfield Road Shippensburg, PA Box 1070, RD 1 Mapleton Depot, PA 1995 Jeep Cherokee 2001 Oldsmobile Aurora Visa credit card LIABILITIES NAME OF CREDITORS NAMES OF ALL DEBTORS Ted & Carol Lytle Ted & Carol Lytle Ted & Carol Lytle Ted & Carol Lytle Carol Lytle CAROL J. LYTLE, Plaintiff V. TED L. LYTLE, Defendant : IN THE COUB,T OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : NO: 02-3764 : : CIVIL ACTION' - LAW : IN DIVORCE DEFENDANT'S INCOME AND EXPENSE STATEMENT Defendant, TED L. LYTLE, files the following Income and Expense Statement. EXHIBIT 2 INCOME: Employer: Address: N/A Social Security Disability Type of Work: Payroll Number: Pay Period: (Monthly) Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Net Pay per Pay Period: $0.00 OTHER INCOME: Interest Dividends Pension Annuitly Social Security Disabilty Rents Royalties Expense Account Gifts Unemployment Compensation Worker's Compensation Other: Weekly Monthly 'Yearly $1,335.00 Total $0.00 $1,335.00 $0.00 Weekly Monthly Yearly EXPENSES: Home: Mortgage/Rent Maintenance Utilities: Electric Gas Oil Telephone Water Sewer Employment: Public Transportation Lunch Taxes: Real Estate Personal Property Income insurance: Homeowners Automobile Life Accident Health Other Automobile: Payments Fuel Repairs Medical: Doctor: Dentisti Orthodontist Hospital Medicine Special Needs: Eye glasses Braces Orthopedic Devices Education: Private School Parochial School College 60.00 20.00 130.00 70.00 351.03 60.00 276.34 900.00 TBD 723.60 100.00 Religious Personal: Clothing Food BarbedHairdresser Credit Payments Credit Card Charge Account Memberships Loans: Credit Union Other: Miscellaneous: Household Help Child Care Subscriptions Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Child Support Payments Alimony Payments Other: 100.00 50.00 10.00 28.54 5,OOO.0O TOTAL EXPENSES: $160.00 $719.57 $6,999.94 PROPERTY OWNED: Description Value H W J C Checking Accounts Savings Accounts Credit Union Stocks/Bonds RealEstate Other Members 1st $10,000.00 Members 1st $500.00 Shippensburg $230,000.00 Mapelton $60,000.00 TOTAL $300,500.00 INSURANCE: Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other Company No. Highmark PPO Blue H W C * H = Husband; W = Wife; J = Joint; C = Child FORM SSA-1099 - SOCIAL SECURITY BENEFIT STATEMENT · SEE THE REVERSE FOR MORE INFORMATION. Box 1. Name Box 2. Beneficiary's Social Security Number TED L LYTLE 201-4.;!-6970 Box 3. Benefits Paid in 2003 {Box 4. Benefits Repaid to SSA in 2003 ]Box 5, Net Benefits for 2003 (Sox 3 minus sox 4) $16,020.00 I NONE I $16,020.00 DESCRIPTION OF AMOUNT IN BOX 3 DESCRIPTION OF AMOUNT IN BOX 4 P/~d by check or direct d~ ~ NONE Box 6. Voluntary Federal Income Tax Withheld NONE Box 7. Address TED L LYTLE RD 1 BOX 1070 MAPLETON DEPOT PA 17052-9710 Box 8. Claim Number (~Jse this number if you need to contact SSA.) 201-42-6970A Form SSA-1099-SM (1-2004) DO NOT RETURN THIS FORM TO SSA OR IRS MetLif EXPLANATION OF BENEFITS LONG TERM DISABILITY 99538 98964 00000000710204226392001 IIIIIIIIIIIII!111 IIIlffllllllll IIIII IIIl l ffl IIIIIil111t I Ii Met DisAbility P,O. Box 94221 Palatine, IL 60094-4221 1-800-638-2242 001 NAME OF EMPLOYEE: TED L. LYTLE DATE PROCESSED: 03/19/2004 REPORT/SLJBCODE/SUBPOINT: 0103377 0001 ZRCE CLAIM NUMBER: 710204226392 THE ZNFORMATZON ON THIS FORM PRESENTS AN EXPLANATTON OF A CLAZM PROCESSED UNDER THE ABOVE PLAN. THTS FORM SHOULD BE SAVED FOR YOUR RECORDS. ZF YOU HAVE ANY QUESTZON$ REGARDZNG THZ$ CiA:iH OR HAVE RETURNED TO NORK, CONTACT METLZFE AT THE ABOVE ADDRESS. MIEN MAKTNG ZNQUZRZES PLEASE :[NCLUrIE THE EMPLOYEE NAME, SOCZAL SECURZTY NUMBER, CLAZM NUHBER AND REPORT/SUBCODE/SUBPOZNT SHONN AT THE TOP OF THE FORM. ZF THZS BENEFZT REPRESENTS PAYMENT BEYOND YOUR RETURN-TO-WORK DATE - DO NOT CASH. RETURN TO THE ABOVE ADDRESS. ANY ADdUSTMENT BENEFZT DUE ~ZLL BE PROMPTLY ZSSUED. BENEFIT START DATE: 06/08/2002 DAYS WORKED DURING DISABILITY: 0 t SUMMARY OF BENEFITS I WAITING PERIOD: 180 DAYS FIRST DATE OF DISABILITY: PAYMENTS: BENEFITS PAID BENEFITS PAID MONTHS DAYS MONTHLY BENEFIT FROM THROUGH PAID PAID AMOUNT BENEFZT RATE O3/01/2OO4 O3/31/2OO4 1 1,584.96 12/10/2OO1 GROSS [ TAXES AND ADJUSTMENTS } MRTL TAXES: STAT EXPTS AMOUNT YTD TOTAL ADJUSTMENTS: AMOUNT FEDERAL STATE FZCA - OLD AGE FZCA - MEDZCARE LOCAL PRZMARY SS DZSABZLZTY BENEFZTS 1,316.OO CERTIFICATE OF SERVICE AND NOW, this 3rd day of December, 2004, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Defendant's Pre-Trial Statement by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Timothy J. Colgan, Esquire The Wiley Group 130 W. Church Street, Suite 100 Dillsburg, PA 17019 E. Robert Elicker, II Divorce Master 9 North Hanover Carlisle, PA 17013 DATE Respectfully submitted, ABOM & KUTULAKJS, LLP 3K6a~ ~q~nHo~gegr estr~reletE squ~ Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney for Defendant CAROL J. L TYLE, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-3764 Civil Term Defendant : CIVIL ACTION - LAW : IN DIVORCE TED L. LYTLE, AFFIDAVIT OF CONSENT 1. A complaint in Divorce under 9330I(c) of the Divorce Code was filed on August 6, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the 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 ,rod correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. 47/05 Date I (I ^ ~ CtlA(jl 9. - f~~- Carol J. L~ Plaintiff -:-, f-ri ';"1"\ C;~-; \ \">~i .t:~ C':'; CAROL J. LTYLE, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-3764 Civil Term Defendant : CIVIL ACTION - LAW : IN DIVORCE TED L. LYTLE, WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECRE'E UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe 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 made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. CJ- J- Date ---- O!5 ~~~/.~~ Defendant -:"1 _~.l '-"~ e,'a -' r..,,) i'l C~ CAROL J. L TYLE, Plaintiff : IN THE COVRT OF COMMON PLEAS :OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : No. 02-3764 Civil Term Defendant : CIVIL ACTION - LAW : IN DIVORCE TED L. LYTLE, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 330l(c). 2. Date and manner of service of the Complaint: Certified Mail, Return ReceiDt Requested, Restricted Delivery on Aueust 20. 2002 and the same was received bv Defendant on AueRst 21, 2002. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: By Plaintiff: February 7, 2005; By Defendant: February 7. 20OS. (b) (1) Date of execution of the Affidavit required by Section 330l(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Aereement dated February 7, 2005. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce wasfiledwitb the Prothonotary: February 7. 2005: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: February 7. 2005. Date: cil- <f-oS- By: ~~ Timothy J. ~~re Supreme Court LD. #77944 130 West Church Street, Suite 100 DiIlsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) ",,_1 .-~\ ---~ --:; C-'I ;",,.,,, - "- -", CAROL J. LYTLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 3764 CIVIL TED L. LYTLE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this p~ day of ~b-~ ' 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital se~tlement agreement dated February 7, 2005, 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, Geotg cc: ~mothy J. Colgan Attorney for Plaintiff ~a W. Haggerty Attorney for Defendant ~ ~~o5 O~O~\ (,''-' :0 r p"'" , ~ 1 MARITAL SETTLEMENT AGREl~MENT THIS MARITAL SETTLEMENT AGREEMENT, made this 7 {11 day of rdrv~ ,2005, by and between CAROL JEAN LYTLE, of Shipp ens burg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and TED LYNN LYTLE, of Mapleton Depot, Huntingdon County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on April 3, 1970, m Hagerstown, Maryland; WHEREAS, HUSBAND and WIFE are the parents of two adult children, Gail Swartz and Eric Lytle; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and futur,e support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. 2 The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the 3 "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and 4 agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Timothy J. Colgan, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has been represented by Kara W. Haggerty, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a :full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or 5 obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges lmd liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: The parties have agreed to the following transfer of personal property items not yet divided: HUSBAND will return to WIFE the wooden toolbox and tools, men's bicycle, ruby ring, cookbook, Alabama double CD, and keyless remote and keys to the 2001 Oldsmobile Aurora. WIFE shall make arrangements for the guns that belong to HUSBAND, currently in possession of the Cumberland County Sheriffs Department, to be transferred to HUSBAND's brother, Dennis Lytle. Upon expiration of the Protection From Abuse Order against HUSBAND, or no earlier than June 2,2005, the guns shall be returned to HUSBAND. The parties have divided between them, to their mutual satisfaction, all other personal effects, household furniture and furnishings, and other articles of personal 6 property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF MARITAL RESIDENCE: The parties jointly own a marital residence situate at 455 Springfield Road, Shippl~nsburg, Cumberland County, Pennsylvania. Said residence is currently under contract for sale. WIFE shall retain all proceeds from the sale of said property. HUSBAND, in connection with said residence, hereby agrees to sign and execute any and all paperwork necessary for the sale of said property. HUSBAND further waives all right, title and interest in the marital residence. WIFE is to satisfy the mortgage on said property, currently in the joint names of the parties, upon the sale of said property. WIFE shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said property, and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments th(:reupon. The parties jointly own a marital residence situate at RRI Box 1070, Mapleton Depot, Huntingdon County, Pennsylvania. HUSBAND shall retain sole and exclusive ownership and possession of said residence. WIFE shall execute a deed transfering all her right, title and interest in the marital residence to HUSBAND. WIFE specifically waives her right to claim any equity which may exist in this property in consideration of 7 the various covenants and promises made herein. Specifically, WIFE waives any interest or claim to the value of timber on said property. 13. BANK ACCOUNTS: HUSBAND and WIFE have owned varIOUS accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. To the extent that any accounts remain jointly held, each account is to be closed and any funds shall be retained by WIFE. WIFE and HUSBAND agree to execute the necessary documents to be removed as a joint owner of said accounts. 14. MOTOR VEHICLES: It is agreed that WII'E shall become the sole and exclusive owner of the 2001 Oldsmobile Aurora titled in both parties' names. WIFE shall remain solely responsible for any and all payments related to this vehicle, shall indemnify and hold HUSBAND harmless against any liabil:ity resulting from her failure to make proper payments thereupon. It is agreed that HUSBAND shall become the sole and exclusive owner of the 1999 Jeep Grand Cherokee titled in both parties' names. HUSBAND shall remain solely responsible for any and all payments related to this vehicle, shall indemnify and hold WIFE harmless against any liability resulting from his failure to make property payments thereupon. Furthermore, the 1987 Redman trailer, titled in both parties' names, is to remain on the property in Mapleton Depot. WIFE agrees to execute the necessary documents to 8 effectuate the transfer of title to HUSBAND. WIFE thereafter waives all claim of right, title or interest in said vehicle. 15. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they rea], persona] or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. PENSIONS / RETIREMENT ACCOUNTS: WIFE is to retain the Annuity AIG Va]ic Accounts. WIFE is the owner of a Cumberland County Emp]oyee's Retirement Fund through her employment. It is agreed that WIFE shall retain sole and exclusive ownership of this account, and that HUSBAND hereby waives any right, claim or interest he may have therein. HUSBAND is the owner of a Ingersoll Rand 40](k) through his employment. It is agreed that HUSBAND shall retain sole and exclusive ownership of this account, and that WIFE hereby waives any right, claim or interest she may have therein. 17. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 18. SOCIAL SECURITY DISABILITY: It IS acknowledged that HUSBAND receives Social Security Disability benefits. WIFE hereby expresses her intent to waive any interest she may have in any funds received by HUSBAND from said benefits. 9 19. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2004. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnity and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, int.erest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 21. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions 10 for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 22. MARITAL DEBT: The parties accumulated debt during their marriage which they otherwise divided between them. It is agreed that HUSBAND made purchases and accumulated debt on a Visa credit card held' in both parties names. It is agreed that WIFE paid the balance in full on the Visa credit card. It is agreed that HUSBAND shall reimburse WIFE for the balance previously paid by WIFE in the amount of $1,020.00 within 90 days from the date of this Agreement. HUSBAND shall provide his attorney with a check in the amount of $1,020'.00 to be held in escrow by WIFE'S counsel until the expiration of the 90 days referenced above. It is agreed that there are no further credit card debts or other debts accumulated during the marriage that require distribution. 23. HEALTH INSURANCE: Each party shall be responsible for obtaining or maintaining any health insurance policy as he or she sees fit in his or her individual name and shall be solely and exclusively responsible for any costs associated therewith. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be ,~ntered with respect to the parties. II 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 27. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and 12 all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be strich:n from this Agreement and in all other respects this Agreement shall be valid and contmue in full force, effect and operation. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the 13 other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoev,er in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 14 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. fl~ WIT~SS . /1, '1'1. I' ---LJj/l11!..! \j( ill! ,t-tTLL CAROL JE?N L YTLt /wtL- !--~ WITNESS (/)~ ~ ~ ~~ TED L YN YTLE 15 . . . . . . . . . .. . if. :t: :+;:f.:f. :+: if. 'j.;;t;:+. ++. . . . . . ;t;:f.'f.;f.+ +:+: if.+:+.'f. if.;fOf;+. ~ +:f.;t; if.:+.:+. Of. +; :+. +.:+.:+: ++.+'+' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CAROL J. LYTLE PENNA. . . . . . STATE OF . . . . . . . . . . . . . Plaintiff No. --1)2-37"4 VERSUS TED L. LYTLE . . . . . Defendant . . . . . . . . . . . . . DECREE IN DIVORCE r",t, 17 , .L6Q.';-, IT IS ORDERED AND AND NOW, . . . . . . . . . . . . . . . . CAROL J. I.YTT.F. DECREED THAT , PLAI NTI FF, TED L. LYTLE AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . THE TERMS AND PROVISIONS OF THE MARITAL SETTLEMENT AGREEMENT SIGNED BY BOTH PARTIES ON FEBRUARY 7, 2005 ARE HEREBY . . . . INCORPORATED BUT NOT MERGED IN THE DECREE IN DIVORCE AND BINDING UPON THE PARTIES.BY THE COURT: , ' . REMAIN . . . . . . . . . . . . . . ~~~( C?~~ ( ~~ ~ROTHONOTARY ~.. ~- I - '-'., '-.'4 ~ ~. "'"'/ " \-. ~~ -, .~- "- . . , - ....,~ / , .... , ' , , , .. .. '.... '....,... ....... '" iC!~ g<>"""",,~':~;..i~';~~':t. '." . .............. . .. if. +++++++++'f.++++++? +:+.++:+. ++ ++:+.:+.'l':+.+ + Of++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~BJ;# fp :t /~_y>?I ~/., :><7. U -t' ~7 fP' ?"'il,~,M#.,./9 ft'Lle ,." ,- '.