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HomeMy WebLinkAbout02-5146MICHAEL W. WOODWARD, Plaintiff VS. MICHELLE L. WOODWARD, Defendant :NO: ~-~ 5-/~/(~ . : CIVIL ACTION-LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO DEFEND AND CLAIMS 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 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, Cumberland County Courthouse, One Courthouse Square, 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. 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 l.iberty Avenue Carlisle, PA .17013 800-990-9108 MICHAEL W. WOODWARD, Plaintiff VS. MICHELLE L. WOODWARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 02- ,5'lq CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with 93302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date. on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. MICHAEL W. WOODWARD, Plaintiff VS. MICHELLE L. WOODWARD, Defendant : NO: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Michael W. Woodward, who currently resides at 100 Wagner Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Michelle L. Woodward, is an adult individual, Who currently resides at 100 Wagner Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff has been a bona fide resident(s) in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 4, 2001, in Hanover, York County, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. 6. 7. 8. The Plaintiff in this action is not a member of the Armed forces. Plaintiff and Defendant are both citizens of the United States. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the court require the parties to participate in counseling prior to the divorce decree being handed down by the court. 9, The marriage is irretrievably broken. WHEREFORE: The Plaintiff requests the Court to enter a decree of Divorce. Respectfully submitted, Aborn dc KutulM, a'~, L.L.P. ,2002 Kara W. Haggerty, Es~l~,~e Attorney I.D. No. 86914 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attomej for Plaintiff MICHAEL W. WOODWARD, Plaintiff VS. MICHELLE L. WOODWARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing complaint and divorce are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. 84904, relating to unsworn falsifications to authorities. Date Michael W. Woodward MICHAEL W. WOODWARD, Plaintiff VS. MICHELLE L. WOODWARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW ACCEPTANCE OF SERVICE I, Michelle L. Woodward, Defendant above-named, hereby accept service of the Plaintiffs Divorce Complaint and acknowledge receipt of a copy of same. Date: tI~ L. ~c~o~ward MICHAEL W. WOODWARD, Plaintiff Vo MICHELLE L. WOODWARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 02-5146 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under [3301(c) of the Divorce Code was fried on October 24, 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 and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. [4904 relating to unswom falsification to authorities. MICHAEL W: WOODWARD MICHAEL W. WOODWARD, Plaintiff go MICHELLE L. WOODWARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-5146 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are'true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Date: MICHAEL W. WOODWARD MICHAEL W. WOODWARD, Plaintiff MICHELLE L. WOODWARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-5146 cIVIL TERM CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY: MARITAL SETTLEMENT AGREEMENT Kindly file the attached Marital Settlement Agreement in the above captioned matter. Respectfully submitted, ABOM & KUTUI.,4KIS, L.L.P Kara W. Haggerty, l~4~e - 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ ~day of April, 2003 between Michael William Woodward, (hereina~er referred to as "HUSBAND"), and Michelle Leigh Woodward, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 4, 2001 in Hanover, York County, Pennsylvania; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of offsetting their respective financi~ and property rights and obligations as between each other, including without limitation by specification: thc settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; thc settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and aH clairr~s and possible claims by one against the other or against their respective estates; and WHEREAS, husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband has been represented by Kara W. Haggerty, Esquire, ofABOM & KUTULAKIS, L.L.P., and that Wife has been represented by Carl G. Wass, Esquire, of Caldwell & Kearns, in this action. The parties represent and warrant that they have fully disclosed to each other aH assets of any nature owned by each, all debts or obligations for which thc other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into t~eely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 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 bereto, Husband and Wife, each intending to bc legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful fo~' ~acl; Husband and Wife at ~ times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and . forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against . such other, the estate of such other or any part thereof, whether arising out of any former act, 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 exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the 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 hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 20. REI,EASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under the Agreement. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by the respective attorneys that it is their legal right to have these disclosure made prior to entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. o o INCOME TAX CONSIDERATIONS. The transfers °fproperty pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. Should the parties file their 2002 federal,~state, and local income tax return jointly, and expect an income tax refund, the parties shall equally divide the refund within 14 days of its receipt. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT- RELATED PLAN. The parties hereto expressly waive and relinquish any right, claim, title, or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. 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 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 part to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not lirm'ted to medical, retirement, insurahce 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 the 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 is being affected 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. MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 1998 Ford Explorer, and Wife shall become full and sole owner of the 2002 Toyota Camry. On or before the date of the execution of the Agreement, the parties shall execute the titles to said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party t?om any and all liability therefore. B. DIVISION OF HOUSHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Except, as otherwise set forth hereinafter, 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 possession and/or under the control of the other. Notwithstanding the foregoing, the parties agree that the assets listed on Exhibit "A" attached hereto and made a part hereof, shall be distributed as stated therein. The transfer of such items shall take place with thirty (30) days following the date of execution of this Agreement. Should it become necessary, the parties each agree to sign, upon request, and 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, it 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 p~operty, 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. Anything to contrary contained herein notwithstanding, Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested Or contingent right or interest, apart from the provision of the Divorce Code, at the time of the signing of this Agreement. 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. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties agree to sell and divide equally their savings and checking accounts. The parties shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. o REAL ESTATE. The parties acknowledge that they are the joint lessees of the marital residence situate at 100 Wagner Drive, Carlisle, Cumberland County, Pennsylvania. Husband retains possession of the marital residence. Wife has vacated the marital residence, effective October 27, 2002. 10. 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will hot, contract or incur any debt or liability for which husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a. PHEAA account b. Allfirst Bank line of credit c. $1,650 to Wife to repay all outstanding debts, joint living expenses, and counseling fees. This is to be sent on a payment schedule as follows: 1~t payment of $500 to be received by May 8, 2003 2na payment of $500 to be received by May 31, 2003 3ra payment of $325 to be received by June 30, 2003 Final payment of $325 to be received by July 31, 2003 Husband shall immediately upon execution of this Agreement take such steps as are necessary to transfer ownership of the said accounts and obligation to his name solely, obtaining a full, complete, and general release of Wife from the said creditors. In the event that the creditors refuse for any reason to transfer the charge accounts to Husband's name absolutely and to release Wife from any liability thereon, such accounts shall be immediately closed. Wife hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a. USAA credit card Wife shall immediately upon execution of this Agreement take such steps as are necessary to transfer ownership of the said accounts and obligation to her name solely, obtaining a full, complete and general release of Husband from the said creditors. In the event that the creditors refuse for any reason to transfer the charge accounts to Wife's name absolutely and to release Husband from any liability thereon, such accounts shall be immediately closed. 11. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and divorce proceedings related thereto. 12. DIVORCE. A Complaint of divorce has been filed to No. 02-5146 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 evidencing their consent to the divorce, 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 party'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 party, there shall be no defense to such action asserted. 13. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them, which have been initiated by others. It is stipulated and agreed by the parties that the terms of the Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting there from shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 14. 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. 15. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision 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 Agreeement. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreemem on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last execution the Agreement. 17. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, arid of all sources and amounts of income received or receivable by each party. 18. 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. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her fights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her fights under this Agreement. 20. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 21. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms thereof shall be valid unless made in writing and signed by both of the parties. 22. 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, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of the Agreement. 23. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 24. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: Michael William Woodward '~~ L~i~ Woo3war3 ..... COMMONWEALTH OF PENNsYLvANIA ( COUNTY OF SS. ~ ~On llhi.'s ay of {~)~ \ \ 2003, before me, the undersigned officer, personally appeared ~[Q ~ [-~[ ~ )~('~,~ll~l~0~no{~n tgqn'e (or satisfactorily proven) to be the person whose name is subscribed the within Agre~me~t~ ~d~tcknowldd~ted tlmtthe/she executed the same for the purposes therein contained. [ ,~:::~ ~~ --'" "'"'~'~d-~5 j ' I APRIL O. SHEAFFER, Notary Public I x.._.. ~ ~ ~ J Carlisle, Cumberland County J J My Commission Expires April 23, 2006 J COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. ,~,cx ~ ~ Oja,this. d~ay of k troll 2003, before me, the undersigned officer, personally appeared [ ~ \\~\ \1~ L_-~-~_ _.'l~_~]]Qt~n'})wn to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agrp'ement, anc['~knowledged that he/she executed the same for the purposes therein contained. I ^PR~L 0. S,EAFFER, ~ot_m .Pub,° / Carlisle, Curnberiand County tMy Commission Explre~ April 231 2_006~ EXHIBIT A Personal Property distribution: 1. Personal clothing, property, jewelry, & books 2. Cherry Bedroom set which includes sleigh bed, mattress and box springs, 2 night stands, dresser & mirror, and chest of drawers 3. White Bedroom set which includes bed, mattress and box springs, and 2 night stands. 4. Cherry bookcase 5. One living room lamp 6. Wood entertainment center 7. Panasonic television 8. Aiwa stereo and speakers 9. Wooden TV trays 10. Black & White framed wedding pictures 11. Oval Silver Frame & wedding photo 12. Waterford vase 13. Bud vase 14. Kitchenaid mixer 15.8 wine glasses 16. 4 margarita glasses : 17. 8 green glasses 18.3 green juice glasses 19. 2 butterfly and 2 polka dot dessert plates 20. glass mixing bowls 21. beige serving bowl 22. 6 dinner plates, 6 dessert plates, 6 bowls, and 6 cups & saucers 23.1 large and 1 small white coming cookware 24. microwave 25.1 large and 1 small clear pyrex cookware 26. large stock pot 27. sandwich maker 28. half silverware set 29. Springform pan 30. Cake & pie pans 31. Pyrex portables 32. ironing board 33. toaster 34. Dust Buster 35. Uniden phone 36. answering machine 37. humidifier 38. blue knit blanket 39. blue velour blanket 40. wedding bouquet 41. Fern shower curtain & accessories 42. Quilt rack 43.1 Khaki and 1 burgtmdy throw pillow 44. beach chairs 45. Blue luggage set (4 pieces) 46. electric toothbrush 47. Rowenta iron 48. Card table and 4 chairs 49. All Clad pots & pans 50. vacuum cleaner 51. own engagement and wedding ring 52. newer VCR D. It is Michelle Leigh Fusco's desire and agreement that Michael W. Woodward take possession and ownership of household furnishings and possessions as follows: 1. Green living room furniture to include: sofa, loveseat, chair, & ottoman 2. Green area rug 3. Living room end table 4. One living room table 5. Color wedding collage 6. Framed wedding invitation 7. Futon & mattress 8. Kenwood CD player, tuner, & speakers 9. File cabinet 10. Glass ice tea pitcher and glasses 11. Crockpot 12. Coffee maker 13.5 Beer glasses 14. 7 Ice Tea coolers 15.2 Butterfly and 2 Polka Dot dessert plates 16. large platter 17. 1 large and 1 small white coming cookware 18. 1 large and 1 small clear pyrex cookware 19. pizza stone 20. blender 21. George Foreman grill 22. half of silverware set 23. Wood salad bowls 24. Dining room set 25. camcorder 26. deep flyer 27. Uniden black phone 28. green knit blanket 29. purple velour blanket 30. foot spa 31. jet spa 32. chest of drawers 33.300 Savage rifle 34. 22 caliber rifle 35.20 gauge shotgun 36. All hunting related materials 37. Metal TV stand 38. Sanyo TV 39. playstation 40. flooriamp 41.1 khaki and 1 burgundy throw pillows 42. tent 43. air mattress 44. fishing poles & related materials 45. lawn mower 46. luggage set 4 pieces (Airline) 47. Old iron 48. back massager 49. own wedding band 50. wedding album 51. Old VCR 52. Personal clothes, property & books 53. Parker & related expenses 54. Tivo 55. Grill MICHAEL W. WOODWARD, Plaintiff Vo MICHELLE L. WOODWARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-5146 cIVIL TERM CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY: MARITAL SETTLEMENT AGREEMENT Kindly file the attached Marital Settlement Agreement in the above captioned matter. Respectfully submitted, ABOM & KUTULAKI$, LL.P Kara W. Haggerty, l~4~e' (~--- 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~Cday of April, 2003 between Michael William Woodward, (hereinafter referred to as "HUSBAND"), and Michelle Leigh Woodward, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 4, 2001 in Hanover, York County, Pennsylvania; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of offsetting their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband has been represented by Kara W. Haggerty, Esquire, ofABOM & KUTULAKIS, L.L.P., and that Wife has been represented by Carl G. Wass, Esquire, of Caldwell & Kearns, in this action. The parties represent and warrant that they have fully disclosed to each other aH assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. N OW THEREFORE, in consideration o f the premises and o f 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. PERSONAL RIGHTS. It shali be hwful for ~ach Husband and Wife at ~ times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and . forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against ~such other, the estate of such other or any part thereof, whether arising out of any former act, 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 exception or similar allowance, or under the interest laws, or the fight to take against the spouse's will; or the fight to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the fight to act as personal representative of the estate of the other; or any fights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the 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 hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their fights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinat~er in paragraph 20. o RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the fight to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any fights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary fights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all fights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the fight relinquished under the Agreement. o FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by the respective attorneys that it is their legal right to have these disclosure made prior to entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. o INCOME TAX CONSIDERATIONS. The transfers °fproperty pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. Should the parties file their 2002 federal, state, and local income tax return jointly, and expect an income tax refund, the parties shall equally divide the refund within 14 days of its receipt. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT- RELATED PLAN. The parties hereto expressly waive and relinquish any right, claim, title, or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. 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 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 part to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurahce 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 the 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 is being affected 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. MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 1998 Ford Explorer, and Wife shall becom~ full and sole owner of the 2002 Toyota Camry. On or before the date of the execution of the Agreement, the parties shall execute the titles to said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party t~om any and all liability therefore. DIVISION OF HOUSHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Except, as otherwise set forth hereinafter, 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 possession and/or under the control of the other. Notwithstanding the foregoing, the parties agree that the assets listed on Exhibit "A" attached hereto and made a part hereof, shall be distributed as stated therein. The transfer of such items shall take place with thirty (30) days following the date of execution of this Agreement. Should it become necessary, the parties each agree to sign, upon request, and 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 ~ in the case of tangible personal property, it 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 p~operty, if any physical or written evidence of ownership, (such ~ passbook, checkbook, policy or certificate of insurance) or other similar writing is in the possession or control of the party. Anything to contrary contained herein notwithstanding, Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provision of the Divorce Code, at the time of the signing of this Agreement. 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. o DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties agree to sell and divide equally their savings and checking accounts. The parties shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. REAL ESTATE. The parties acknowledge that they are the joint lessees of the marital residence situate at 100 Wagner Drive, Carlisle, Cumberland County, Pennsylvania. Husband retains possession of the marital residence. Wife has vacated the marital residence, effective October 27, 2002. 10. 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will hot, contract or incur any debt or liability for which husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or dem~ands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a. PHEAA account b. Allflrst Bank line of credit c. $1,650 to Wife to repay all outstanding debts, joint living expenses, and counseling fees. This is to be sent on a payment schedule as follows: 1~t payment of $500 to be received by May 8, 2003 2na payment of $500 to be received by May 31, 2003 3ra payment of $325 to be received by June 30, 2003 Final payment of $325 to be received by July 31, 2003 o Husband shall immediately upon execution of this Agreement take such steps as are necessary to transfer ownership of the said accounts and obligation to his name solely, obtaining a full, complete, and general release of Wife t~om the said creditors. In the event that the creditors refuse for any reason to transfer the charge accounts to Husband's name absolutely and to release Wife from any liability thereon, such accounts shall be immediately closed. Wife hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a. USAA credit card Wife shall immediately upon execution of this Agreement take such steps as are necessary to transfer ownership of the said accounts and obligation to her name solely, obtaining a full, complete and general release of Husband from the said creditors. In the event that the creditors refuse for any reason to transfer the charge accounts to Wife's name absolutely and to release Husband from any liability thereon, such accounts shall be immediately closed. 11. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and divorce proceedings related thereto. 12. DIVORCE. A Complaint of divorce has been filed to No. 02-5146 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 evidencing their consent to the divorce, pursuant to Section 3301 (c) ofthe Divorce code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party'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 party, there shall be no defense to such action asserted. 13. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them, which have been initiated by others. It is stipulated and agreed by the parties that the terms of the Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting there from shall not be dischargeable in bankruptcy, should either party file for: protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 14. 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. 15. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision 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 Agreeement. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last execution the Agreement. 17. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each ofthem, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 18. 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. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her fights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. ~ 21. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms thereof shall be valid unless made in writing and signed by both of the parties. 22. 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, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of the Agreement. 23. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 24. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the fights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreemem is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: Michael William Woodward COMMONWEALTH OF PENNSYLVANIA Mic)~ L g-'h--Woo war3 COUNTY OF SS. x~^, ~Onthis ~ dayof~{~)(\ / 2003, beforeme, the undersigned officer, personally appeared ! ~ \ ~ ~/~(~ \ ~.II__~i~Q~no~n tgxme (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, ~ad ~knowl4d~ged t~he/she executed the same for the purposes therein contained. v \ ~ '.F APRIL D. SHEAFFER, Notary Pubhc I ~'""' ~ ~ Carlisle, Cumberland County My Commission Expires April 23, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. ~xcx ~ ~ On,this. cloy o (~ 2003, before me, the undersigned officer, personally appeared [ ~ \\e~\\Q L~-_~l~_i~Xl~n'bwn to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agr~'emem, ancp4cknowledged that he/she executed the same for the purposes therein onta d. ~) ' [ NOTARIAL SEAL ..... I APRIL D. SHEAFFER, Notary Public / Carlisle, Cumberland County : ~My Commission Expires April 23, 20061 EXHIBIT A Personal Property distribution: 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Personal clothing, property, jewelry, & books Cherry Bedroom set which includes sleigh bed, mattress and box springs, 2 night stands, dresser & mirror, and chest of drawers White Bedroom set which includes bed, mattress and box springs, and 2 night stands. Cherry bookcase One living room lamp Wood entertainment center Panasonic television Aiwa stereo and speakers Wooden TV trays Black & White framed wedding pictures Oval Silver Frame & wedding photo Waterford vase Bud vase Kitchenaid mixer 8 wine glasses 4 margarita glasses 8 green glasses 3 green juice glasses 2 butterfly and 2 polka dot dessert plates glass mixing bowls beige serving bowl 6 dinner plates, 6 dessert plates, 6 bowls, and 6 cups & saucers 1 large and 1 small white coming cookware microwave 1 large and 1 small clear pyrex cookware large stock pot sandwich maker half silverware set Springform pan Cake & pie pans Pyrex portables ironing board toaster Dust Buster Uniden phone answering machine humidifier blue knit blanket blue velour blanket wedding bouquet Fern shower curtain & accessories 42. Quilt rack 43.1 Khaki and 1 burgundy throw pillow 44. beach chairs 45. Blue luggage set (4 pieces) 46. electric toothbrush 47. Rowenta iron 48. Card table and 4 chairs 49. All Clad pots & pans 50. vacuum cleaner 51. own engagement and wedding ring 52. newer VCR Do It is Michelle Leigh Fusco's desire and agreement that Michael W. Woodward take possession and ownership of household furnishings and possessions as follows: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. pizza stone 20. blender 21. George Foreman grill 22. half of silverware set 23. Wood salad bowls 24. Dining room set 25. camcorder 26. deep fryer 27. Uniden black phone 28. green knit blanket 29. purple velour blanket 30. foot spa 31. jet spa Green living room furniture to include: sofa, loveseat, chair, & ottoman Green area rug Living room end table One living room table Color wedding collage Framed wedding invitation Futon & mattress Kenwood CD player, tuner, & speakers File cabinet Glass ice tea pitcher and glasses Crockpot Coffee maker 5 Beer glasses 7 Ice Tea coolers 2 Butterfly and 2 Polka Dot dessert plates large platter 1 large and 1 small white coming cookware 1 large and 1 small clear pyrex cookware 32. chest of drawers 33.300 Savage rifle 34. 22 caliber rifle 35.20 gauge shotgun 36. All hunting related materials 37. Metal TV stand 38. Sanyo TV 39. playstation 40. floorlamp 41.1 khaki and 1 burgundy throw pillows 42. tent 43. air mattress 44. fishing poles & related materials 45. lawn mower 46. luggage set 4 pieces (Airline) 47. Old iron 48. back massager 49. own wedding band 50. wedding album 51. Old VCR 52. Personal clothes, property & books 53. Parker & related expenses 54. Tivo 55. Grill MICHAEL W. WOODWARD, Plaintiff to MICHELLE L. WOODWARD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 02-5146 CML TERM CIVIL ACTION - LAW IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT THE RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. Ground(s) for divorce: irretrievable breakdown under ~3301 (c) of the Divorce 2. Date and manner of service of the complaint: by Defendant's Acceptance of Service on October 24, 2002. 3. Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce Code: by Plaintiff, April 12, 2003; by Defendant, April 16, 2003. 4. Related claims pending: all claims settled in Marital Settlement Agreement dated April 9, 2003. 5. Date Plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: April 16, 2003. Date Defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: April 23, 2003. Respectfully submitted, ABOM & KUTULa_K~S, L.L.P a W. Haggerty, Es~ ' ~ 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 STPTE Of INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY p~ PENNA. Plaintiff VERSUS MICI-IELLE L. WOODWARD, Defendant 02-5146 CIVIL TERM NO. DECREE IN DIVORCE AND NOW, DECREED THAT AND I I~l[~';I "'~gl~ , _.~L~.~, IT IS ORDERED AND MICHAEL W. W(X~DWARD , ~'LAI NT~ ~F, MI(I-~I l ,E L. WOODWARD , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD 1N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; Marital Settlement Agreement dated April 9, 2003 incorporated, but not merged. BY ThE COU : ~TT PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VII, ACTION - LAW Plaintiff VS. Defendant : mE NO20<Z-51 L1 ~, IN DIVORCE , t~, I 200_5 NOTICE TO RESUME PRIOR SURNAME been granted a Final Decree in Divorce on the ~(3q~'' . day of hereby elects to resume the prior surname of ~ and gives this written notice pursuant to the provisions of 54. P.S· 704. Notice is hereby given that the Plaintiff/Defendant in the above matter, having DATE: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND yreof name being resumed i/ss. · On the ~,'~Q3 day of O~sb2J" , 200.~-) , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL I CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro, C~Jmberland Cour~ty My Commission Expires April 4, 2005