Loading...
HomeMy WebLinkAbout07-1187,. JAMES M. HOOVER, JR., * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 07, 11P7 ?cv cC??2.h-L * ALICE L. HOOVER, * CIVIL ACTION - LAW Defendant * IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .? JAMES M. HOOVER, JR., Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. ALICE L. HOOVER, * CIVIL ACTION - LAW Defendant * IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER §3301(c) or §3301(d) OF THE DIVORCE CODE 1. Plaintiff is James M. Hoover, Jr., who currently resides at 7340 Kopp Road, Spring Grove, York County, Pennsylvania, 17362. 2. Defendant is Alice L. Hoover, who currently resides at 124 Sunset Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 17, 1991 in Camp Hill, Pennsylvania. 5. The parties are the parents of three (3) minor children: Colby J. Hoover, born on November 6, 1992, Caleb L. Hoover, born on December 1, 2001, and Caden H. Hoover, born on October 26, 2004. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. Plaintiff submits that the parties have been separated since December 31, 2006. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Dated: Z z ?- U G Res tfully submitted, W E , ENOX, COLGAN & MARZZACCO, P.C. L' Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 * IN THE COURT OF COMMON PLEAS Plaintiff JAMES M. HOOVER, JR * CUMBERLAND COUNTY, PENNSYLVANIA VS. * NO. ALICE L. HOOVER, * CIVIL ACTION - LAW Defendant * IN DIVORCE VERIFICATION d correct to I, James M. Hoover, Jr., verify that the statements made in this Complaint are true an the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. Date: - - d 7 ES M. HOOVER, JR. Plaintiff N cz ? O ro ? G ?t cn JAMES M. HOOVER, JR., Plaintiff VS. * IN THE COURT OF COMMON PLEAS *CUMBERLAND COUNTY, PENNSYLVANIA * * * NO. 07-1187 CIVIL TERM * ALICE L. HOOVER, * CIVIL ACTION - LAW Defendant * IN DIVORCE ACCEPTANCE OF SERVICE I, Mark K. Emery, Esquire, Attorney for the Defendant, accept service of the Complaint for Divorce filed on March 5, 2007. I certify that I am authorized to accept service on behalf of said, Defendant, Alice L. Hoover. Date:- 3' ?3 07 Mark K. Emery, Esquire I.D. # `];7? 410 North 2° Street Harrisburg, PA 17101 (717) 238-9883 °' ? ?? tn?- cr ti.? ?.:; .? ?1. ?F rower i ??? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOOVER, JR., Plaintiff * NO. 07-1187 CIVIL TERM VS. * CIVIL ACTION - LAW ALICE L. HOOVER, * IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER James M. Hoover, Jr., Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through her attorney, Mark K. Emery, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. §& 3301(c). (d) and (a)(6). (4) Delete the inapplicable paragraph(s): (a) contested. The action is not (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Distribution of Property. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to t otion: N/A. 2 Date: R ki Thomas M. Clark, Esquire COLGAN MARZZACCO, LLC. Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this day of , 2008, Esquire is appointed master with respect to the following claims: _ By the Court: J. ,? s=p=a Ult j-# IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOOVER, JR., Plaintiff * NO. 07-1187 CIVIL TERM VS. ALICE L. HOOVER, Defendant X * CIVIL ACTION - LAW * IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE AND NOW, comes the Plaintiff, James M. Hoover, Jr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files this Petition for Related Claims Under Divorce Code, respectfully averring as follows: COUNT I - CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY UNDER §3502(x) OF THE DIVORCE CODE 1. A Divorce Complaint was filed on March 5, 2007, under Sections 3301(c) and 3301(d) of the Divorce Code. 2. Plaintiff and Defendant have individually or jointly acquired property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and Dated: 12-1 Iel:s- Respgc4ftAly submitted, C GAN ARZZACCO,LLC. Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 I.D. # 85211 equitably distribute, divide or assign said marital property pursuant to §3502(a) ofthe Divorce Code. r r JAMES M. HOOVER, JR., * IN THE COURT OF COMMON PLEAS Plaintiff x CUMBERLAND COUNTY, PENNSYLVANIA >c V.S. x NO. 07-1187 CIVIL TERM )C ALICE L. HOOVER, CIVIL ACTION - LAW Defendant * IN DIVORCE VERIFICATION I, James M. Hoover, Jr., verify that the statements made in this Petition are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. Date: -7 2 S o w J ES M. IIOOVER, JR. laintiff r go CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Mark K. Emery, Esquire 410 N. Second Street Harrisburg, PA 17101 Date: 24 Log By: 0- ? Thomas M. Clark, Esquire 31 Ck V . C- IN d- AUG G 2008y!' IN THE COURT OF COMMON PLEAS " CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOOVER, JR., Plaintiff VS. ALICE L. HOOVER, Defendant * NO. 07-1187 CIVIL TERM * CIVIL ACTION - LAW * IN DIVORCE MOTION FOR APPOINTMENT OF MASTER James M. Hoover, Jr., Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through her attorney, Mark K. Emery, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. 4§ 3301(c), (d) and (a)(6). (4) Delete the inapplicable paragraph(s): (a) contested. The action isnot (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Distribution of Property. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to t otion: N/A. Date: 'Z- Thomas M. Clark, Esquire COLGAN MARZZACCO, LLC. Attorney for Plaintiff I ORDER APPOINTING MASTER (?1?A AND NOW, this 0- day of OULtMA,? , 2008, &'? &4,& ,1t, • Esquire is appointed master with respect to the fo wing claims: 0-6zIrL° y the Co C,Tj -i c?-a MAV) w r JAMES M. HOOVER, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-1187 ALICE L. HOOVER CIVIL ACTION - LAW Defendant IN DIVORCE COUNTERCLAIMS TO DIVORCE COMPLAINT AND NOW, comes the Defendant, Alice Hoover, by and through her attorney, Mark K. Emery, Esquire, and files the following Counterclaims to Divorce Complaint and in support thereof avers as follows: COUNTI ALIMONY PENDENTE LITE, SUPPORT, COUNSEL FEES, AND EXPENSES By reason of this action, Defendant has and will be put to considerable expense in the preparation of this case in the employment of counsel and the payment of costs. 2. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 3. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 4. Plaintiff has adequate earnings to provide support and alimony pendente lite for the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant Alice Hoover respectfully requests this Honorable Court compel the Plaintiff to pay Defendant alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT II ALIMONY 5. Paragraphs 1 through 4 are incorporated by reference as if fully set forth herein. 6. Defendant lacks sufficient property to provide for her reasonable needs. 7. Defendant is unable to sufficiently support herself through appropriate employment. 8. Plaintiff has sufficient income and assets to provide continuing support and to pay alimony to the Defendant. 9. Plaintiff engaged in marital misconduct prior to the date of final separation. WHEREFORE, Defendant Alice Hoover respectfully requests this Honorable Court compel Plaintiff to pay alimony to Defendant. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Supreme Court I.D. o. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for the Defendant DATE: ?f• /? p? VERIFICATION I, Alice Hoover, hereby verify that I have read the foregoing Counterclaims to Divorce Complaint and that the information contained therein is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE q lice oover r CERTIFICATE OF SERVICE AND NOW, on this18th day of August, 2008, I, Mark K. Emery, Esquire, hereby certify that I have served the foregoing Counterclaims to Divorce Complaint by mailing a true and correct copy by United States first class mail, addressed as follows: Thomas M. Clark, Esquire Colgan Marzzacco, LLC 130 W. Church Street Dillsburg, PA 17019 LAW OFFICES OF MARK K. EMERY By: --- Mark K. mery i tS?s R' oo g Wk - JAMES M. HOOVER, JR., * IN THE COURT OF COMMON PLEAS Plaintiff *CUMBERLAND COUNTY, PENNSYLVANIA * VS. * 001-1181 *NO. 200 2242-CIVIL TERM * ALICE L. HOOVER, * CIVIL ACTION - LAW Defendant * IN CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on March 5, 2007. 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. < c _ Date J es M. Hoover, Jr. laintiff c- ? ` ? a t Fi7 l.. 'Fg JAMES M. HOOVER, JR., * IN THE COURT OF COMMON PLEAS Plaintiff *CUMBERLAND COUNTY, PENNSYLVANIA * VS. * 07- ii 87 * NO. 266842 CIVIL TERM * ALICE L. HOOVER, * CIVIL ACTION - LAW Defendant * IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. /Z -1V "- Date J s M. Hoover, Jr. aintiff ?'_s c-._ ` ..? ?'? ?.m} E ? ? ?,,,, ...,.{ Ii;- . ? '? ..? ??> JAMES M. HOOVER, JR. Plaintiff vs. ALICE L. HOOVER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1187 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 unworn falsification to authorities. Date k N is L. Hb6vet ?`r: ?: -?- ? -:-} ^? 4..? t P ?. ?"?° rr \_t/ ry... t+?? irlr ` ;? mar/ `?'v0.ra .wrwF w. k ?... ^'?M .of w.+ JAMES M. HOOVER, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-1187 ALICE L. HOOVER CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. 2. 3. 4. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 5, 2007. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of a notice of intention to request entry of the Decree. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 1 .... 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.A. Section 4904, relating to unworn falsification to authorities. ?I DATE: 3) I ice . H v CZ> r -Ze, M- 118q 0,10 TIrm MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ? day of rQgav 2009, by and between Alice L. Hoover of 126 S. Locust Street, 1 °` Floor, Shiremanstown, PENNSYLVANIA ("Wife"), and James M. Hoover, Jr. or 7340 Kopp Road, Spring Grove, Cumberland County, Pennsylvania ("Husband") Recitals: A. The parties hereto, being Husband and Wife, were lawfully married on August 17, 1991. B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties, or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by 0 reference. d 2. Husband and Wife are the parents of three children, namely: Colby Hoover (DOB 11-06-92), Caleb Hoover (DOB 12-01-01) and Caden Hoover (DOB 10-28- 04). 3. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Husband has filled an action in the Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 07-1187. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. § 3301 of the Divorce Code is entered as soon as possible. In particular, the parties, within 10 days of the date of the Agreement, will execute and deliver to Husband's counsel all documents necessary to obtain a final divorce decree. Within 10 days thereafter, Husband shall cause his attomey to file a Praecipe to Transmit Record and/or all other filings or documents necessary to obtain a Decree in Divorce. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever'nor endeavor to 2 .6 compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Marital Property. (a) Personal Property. Husband and Wife acknowledge that they currently have in their possession all of their separate and distinct personal property. (b) Retirement Pension. 401-K Plan. 1. As of the date of the signing of this Agreement, Wife shall retain 65% from all marital retirement accounts. These accounts include: Wife's IRA, Waddel & Reed account number 32369753; Waddel & Reed account number 35152217; Husband's IRA, Waddel & Reed account number 35135120; Waddel & Reed account number 35152222; and, Waddel & Reed account 32435707. 3 2. As of the date of the signing of this Agreement, Husband shall retain 35% from all marital retirement accounts. These accounts include: Wife's IRA, Waddel & Reed account number 32369753; Waddel & Reed account number 35152217; Husband's IRA, Waddel & Reed account number 35135120; Waddel & Reed account number 35152222; and, Waddel & Reed account 32435707. 3. Wife's sixty-five percent (65°x6) of the account balances shall be adjusted for eamings/losses from the date of the signing of this Agreement to the date of transfer to Wife. The sixty-five percent (65%) shall be taken pro-rata from the various accounts, and pro- rata from the various investment funds in which each such account is invested. Husband's thirty-five percent (35%) of the account balances shall be adjusted for eamings/losses from 4 the date of the signing of this Agreement to the date of transfer to Husband. The thirty-five' percent (35%) shall be taken pro-rata from the various accounts, and pro-rata from the various investment funds in which each such account is invested. 4. Both Husband and Wife agree to timely execute (no later than 10 days following presentment or request) any and all documents necessary to complete or effectuate the above provisions. 5. In the event that it is necessary to draft a Qualified Domestic Relations Order ("QDRO") to effectuate the transfer, Husband will be responsible for the cost to draft the QDRO. (c) Real Estate. 1. Husband and Wife are the owners of property located in Elkland Township, Sullivan County. The parties have refinanced such property, whereby Wife was provided $7,000.00. Husband shall remain solely responsible for any and all payments related to mortgages, real estate taxes, homeowner's insurance 5 and maintenance of said property, and shall indemnify and hold Wife harmless against any liability resulting from his failure to make payments thereupon. Wife specifically waives all of her right, title and interest in the property, and waives her right to claim any equity which may exist in this property in consideration of the various covenants and promises made herein. 5. Debts and Obligations. (a) Individu4,1 debts/obligations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other parry liable on account of any such debts and obligations, such party will at his or her sole expense defend the other parry against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. 6 (b) Joint debts/obligations. Husband and Wife represent that there exists marital debt which Husband shall assume responsibility, to wit: Cabelas Visa Card. If any claim, action or proceeding is hereafter brought seeking to hold Wife liable on account of any such debts and obligations, Husband will at his sole expense defend the Wife against any such claim, action or proceeding, or not well-founded, and indemnify Wife against any loss resulting therefrom. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 6. Automobiles. Upon execution hereof, the parties agree that the 2002 l=ord Winstar shall become the sole, free and clear property of Wife, and that Wife shall insure and assume all liability therefor except as otherwise set forth herein. Husband waives any right, title or interest he may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. The parties further agree that the 97 Pontiac Grand Am, 97 Chevy Silverado and camper shall become the sole, free and clear 7 property of Husband, and that Husband shall insure and assume all liability therefore except as otherwise set forth herein. Wife waives any right, title or interest she may have in and to said automobile and shall properly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. 7. Other Writings. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to cant' out the intent of this Agreement. 8. Alimony. In recognition of the criteria set forth in Section 3701 of the Divorce Code 23 Pa.C.S. 3701, commencing on the date of execution of this Agreement and with the final payment date being October 28, 2013 (the date Caden Hoover turns nine (9) years old), HUSBAND shall pay to WIFE as alimony the monthly sum of Five Hundred Sixty-Seven ($567.00) Dollars. The parties specifically agree that said alimony payments shall never exceed the monthly sum of Five Hundred Sixty- Seven ($567.00) Dollars. This amount shall be non-modifiable except in the event of one of the following: (1) Wife's remarriage or co-habitation, cohabitation is being defined as the Wife living or residing with an unrelated adult male on a regular continuing basis for more than thirty (30) days within any twelve month period; (2) the death of Wife; (3) the death of Husband; and, 8 (4) Husband is unable to work due to a catastrophic illness. If Husband is disabled as the result of a catastrophic illness, then Husband shall have the right to seek a pro-rata reduction in the alimony obligation owed to Wife. Husband's Alimony payments shall commence on April 1, 2009. Said support payments shall be made in two (2) monthly installments. In the event of a default by Husband, Husband shall not oppose a request by Wife to have the Alimony entered as an attachment order through the Cumberland County Domestic Relations Office. Following the last payment on October 28, 2013 (the date Caden Hoover turns nine (9) years old), Wife agrees to release and discharge Husband 'absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The Alimony payments shall be deductible to Husband and are income to Wife for Federal Income Tax purposes. 9. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. 9 (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 10. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the fast Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the.other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 11. Tax Return. Each party shall be solely liable for any tax liability from 2007 forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 2007 and thereafter. As to all tax years prior to 2007, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all 10 deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter assessed and shall Indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. 12. Deductions/Tax Credits. Wife shall be entitled' to claim as a dependant Caden Hoover (DOB 10-28-04) for purposes of sate and federal income tax. Wife shall be entitled to claim the childcare tax credit for Caden Hoover (DOB 10-28-04). Husband shall be entitled to claim as dependants Colby Hoover (DOB 11-06-92) and Caleb Hoover (DOB 12-01-01) for purposes of sate and federal income tax. Husband shall be entitled to claim the childcare tax credits for Colby Hoover (DOB 11-06-92) and Caleb Hoover (DOB 12-01-01). 13. MedicaNHealth Insurance. Once the decree in divorce is issued, each party shall be responsible for their own health insurance coverage. 11 14. Life Insurance. Husband and Wife agree to each maintain life insurance policies naming the parties' three children as beneficiaries. The policy for each child shall be in an amount not less than $25,000.00. Each individual policy may be terminated when the named child (beneficiary) reaches the age of 18 and has graduated from high school. 15. Entire Agreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 16. Legally Binding. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 17. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and whosesoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the 12 other party may be liable, and each party shall indemnify and hold harmless the other parry from any such liabilities, including attomeys' fees and costs. 18. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this /agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attomeys' fees, incurred as a result of such proceedings. 19. Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and 13 (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 20. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 21. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 22. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 23. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. 14 IN WITNESS WHEREOF, the parfies hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: - ?A) 4?? /vxvjj,/)j ) ice . H er WITNESS: HUSBAND: .--- ?1-!--zq r s M. Hoover, Jr. 15 COMMONWEALTH OF PENNSYLVANIA //?? I : SS.: COUNTY OF 4Ja? N' ^ On this, the ^f day of 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF z Notary Public My Commission Expires: (5???'• r, o9 n, r., 'tr?.3 P? i TM`l?tl??l_Hfi?•??A PvIARK K. E.4':.ttYy Mota.ry Public City of Harrisburg, Daup1hin County 16±y Cornnnission Expires Jan. 10, 2011 . SS.. On this, the o Wt of A- , 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N ry Public My Commission Expires: (SEAL) COMMONWEALTH OF PENN Y VANIA NOWW Sssl JsKON L. Robeft NOMY POk 04dwa BOro. York Cm* COnMnINIM E*W Aug 2:4 3010 Mm*w PsnWvwls Anoddm NO win IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: ice L. 4He ?- WITNESS: HUSBAND: M. Hoover, Jr. 15 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF 0"dt On this, the _ L day of U r (, ? -j 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. X-101 COMMONWEALTH OF PENNSYLVANIA COUNTY OF AC)r)L Public Notary My Commission Expires: (SEAL) CC ? „?,, U ^ kMARK K. Ek`tERY, foot<ary Public of Harrisburg, pzuphin County Commission Expires Jan. 10, 2011 . SS.. On this, the Aq ._ day of , 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N ry Public My Commission Expires: (SEAL) , COMMONWEALTH OF PENN' Y VANA ' NoWW Seal JewmMe L. Roberts, NOWY PubNc l)Nhbu?p aoro, York touMy 2010 y My camrpwn Member. Pena yWiventa of NahrW IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WITNESS: WIFE: ice L. Hoo er HUSBAND: J ?esM. Hoover, Jr. 15 COMMONWEALTH OF ENNSYLVANIA SS.: COUNTY OF On this, the I day of M 4 r'. , 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?Qfl- Nolky Public My Commission Expires: (SEAL) R,n, r - Cr3?'?A ?ARA.rtltr??TH OF 77,', , -.v MARK K. E E-RY, city (tit city of PY?.-. ri a? -Ear yf` . SS.. On this, the g? i0- day of ?, 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Lit6 Lt' N ry Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSY VANIA NOWW 8ssl JeW Ats L. RobsAs, Notary Public OMdx y Baro. Yak County MY Canna Mm Expos 22, 10 Member. PennsyNenia Aaodetlon of NoWdes IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: ice L. Hoer WITNESS: HUSBAND: JJ es M. Hoover, J 15 On this, the I ? day of 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Notary Public My Commission Expires: (SEAL) rnrn •e,:Tfi'C'e? rrr- G•`--FYI AMA CC MARK ?i y, Public city of +? , "n"in County taly Corr,??.iSEI l ?a.. 10. 2011 . SS.. On this, the ,r-OA14-M day of ?, 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No#ryPublic My ommission Expires: (SEAL) CONNAONWMTH OF PEN Y vANIA Nobviel S9al JeanWs L. RobMts. ND::;Pablk: 000mg am, York My CommW n EMbee . 22.2010 Member. PenMylvanle Assodatldn of Notaries IN WITNESS WHEREOF; the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: ice L. r WITNESS: HUSBAND: rte, Ja es M. Hoover, Jr. 15 On this, the day of -tG 4, 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. COMMONWEALTH OF [ENNSYLVANIA, SS.. COUNTY OF ? ' ^ IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL) C IF 71 K. F. C. qC sti of Ht1 1>>,1 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF?brlt_ On this, the r;1-1._ day of 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N ry Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA NoqulN 8eM JeeneW L. ROWN, M*Wy Public iril" 8M. York Coun* My Co m**n Exi*w 2010 Member. Pennsomia Anodebon toaria f`? ?a ? r, 7 ,7 t :-( - q { i `?'j? fi g1 . ?? .. •r«' :. ? JAMES M. HOOVER, JR., Plaintiff VS. ALICE L. HOOVER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1187 CIVIL IN DIVORCE ORDER OF COURT , AND NOW, this day of ovii 2009, the economic claims raised in the proceedings having been resolved in accordance with a matrimonial settlement agreement dated March 18, 2009, 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. C?T70" cc: ""Thomas M. Clark ZMark ttorney for Plaintiff K. Emery Attorney for Defendant I Edgar B. Bayley, P.J. ? r-• ca. f Ct ? :J N C,7 JAMES M. HOOVER, JR., * IN THE COURT OF COMMON PLEAS Plaintiff *CUMBERLAND COUNTY, PENNSYLVANIA * VS. *NO. 07-1187 CIVIL TERM * ALICE L. HOOVER, * CIVIL ACTION - LAW Defendant * IN CUSTODY 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 3301(c). 2. Date and manner of service of the Complaint: Defendant's Counsel Accepted Service of the Complaint on March 13, 2007, said Acceptance of Service was filed with this Honorable Court on March 16, 2007 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: March 24, 2009 ; By Defendant: March 18. 2009. (b) (1) Date of execution of the Affidavit required by Section 3301(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 Agreement dated March 18, 2009, and filed with the Court on March 30, 2009. 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 Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 30, 2009; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 30, 2009 Respectfully submitted, Dated: S COLGA>-M4RZZA000 LLC By: _x `_ C11- 1-- Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 OF ?j}'?f ?? {R 2009 MAY -8 PrIM 3: 22 JAMES M. HOOVER, JR., V. ALICE L. HOOVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1187 CIVIL TERM DIVORCE DECREE AND NOW, tea., ?Z" , it is ordered and decreed that JAMES M. HOOVER, JR., , plaintiff, and ALICE L. HOOVER, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms and provisions of the Martial Settlement Agreement signed by the parties and dated March 18, 2009 are hereby incorporated; but not merged in the Decree of Divorce and remain binding upon the parties. • By the Court, J. / -4, ?- ! f5=0 Prothonotary . ,3 ?a? ?%?/ ? ? F t?F/? ". IFY??? ,?- iii `?? ? f7ifWwlr r ? ?"sq 4??? ,. .F ?a a ?i ? ? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs L J)op?kjv` Defendant File No. :7 - ?] 10 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated 2 hereby elects to resume the opumaine of and written notice avowing his tention pursuant he provisi o 5 P.S. n Date: l i Qnaihrre COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the ? day of ]Ujj? , 200q, before me, the Proth, notary public, personally appeared the above affiant known to me to be the name is subscribed to the within document and acknowledged that he / she ex foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and seal. NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC Notary CA Y C MMISS ON EXP RES JNgNUARY 4 COURTHOUSE 9010 this or the whose the FitFD-,,)I=rICE OF THE PROTI !(-N MARY 2009 JUN i 1 Pik 12: 2 9 ",tl4 . e IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOOVER, JR., Plaintiff * NO. 07-1187 CIVIL TERM * VS. ALICE L. HOOVER, Defendant * * * CIVIL ACTION - LAW * IN DIVORCE * PETITION FOR ENFORCEMENT OF MATRIMONIAL SETTLEMENT AGREEMENT TO TERMINATE ALIMONY AND NOW, this 4/_ day of September, 2009, comes the Petitioner/Plaintiff, James M. Hoover, Jr., by and through his attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Petition for Enforcement of Matrimonial Settlement Agreement to Terminate Alimony, respectfully averring as follows: 1. Petitioner/Plaintiff, James M. Hoover, Jr. (hereinafter referred to as "Husband"), is an adult individual who currently resides at 29 Saint Andrews Way, Etters, Cumberland County, Pennsylvania 17319. 2. Respondent/Defendant, Alice L. Hoover (hereinafter referred to as "Wife"), is an adult individual who last resided at 126 South Locust Street, Apartment #1, Shiremanstown, Cumberland County, Pennsylvania. 3. Husband and Wife were married on August 17, 1991 in Camp Hill, Pennsylvania. 4. Husband filed a Complaint in Divorce on March 5, 2007. 5. A Divorce Decree was issued on May 12, 2009. 6. On March 18, 2009, the parties executed a Matrimonial Settlement Agreement. (A copy of which is attached hereto as Exhibit A, as if fully set forth.) 7. Per the Agreement the parties specifically addressed the issue of alimony (Item No. 8 - Alimony). Husband is to pay wife alimony in the amount of $567.00 per month. The Agreement provides that: This amount shall be non-modifiable, except in the event of one of the following: Wife's remarriage or cohabitation, cohabitation is being defined as the wife living or residing with an unrelated adult male on a regular, continuing basis for more than thirty days within any twelve month period. 8. It is believed and therefore averred that Wife is currently in a relationship. 9. It is believed and therefore averred that Wife's paramour has been residing at Wife's residence on a continuing basis for more than thirty days within the twelve month period. 10. In accordance with the Matrimonial Settlement Agreement, the alimony payment from Husband shall be terminated. 11. Section 3502(e) of the Divorce Code reads, in pertinent part: If, at any time, a party has failed to comply with an order of equitable distribution, as provided for in this chapter or with the terms of an agreement as entered into between the parties, after hearing, the court may, in addition to any other remedy available under this part, in order to effect compliance with its order: (1) enter judgment; ... (7) award counsel fees and costs; 12. This matter has not been previously assigned to any Judge for any other issue in this or any related matter, though The Honorable Kevin A. Hess executed the Divorce Decree on May 12, 2009. 13. The undersigned has sought the concurrence of Mark K. Emery, Esquire, counsel of record for Respondent / Defendant for the foregoing Petition, however, counsel does not concur with said Petition. WHEREFORE, Husband respectfully requests This Honorable Court to direct as follows: A. In accordance with the Matrimonial Settlement Agreement, the Alimony payment of $567.00 per month from Husband to Wife shall be terminated. B. Any other equitable relief the Court deems appropriate. Respectfully submitted, Dated: Y Y /10 9 COLGAN MARZZACCO, LLC 'Q"'/ Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 I.D. # 85211 EXHIBIT A c MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 19 -L day hOaa& by and between Alice L. Hoover of 126 S. Locust Street, 1 u Floor, Shiremanstown, PENNSYLVANIA ("Wife"), and James M. Hoover, Jr. or 7340 Kopp Road, Spring Grove, Cumberland County, Pennsylvania ("Husband") R tals: A. The parties hereto, being Husband and Wife, were lawfully married on August 17, 1991. B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties, or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Husband and Wife are the parents of three children, namely: Colby Hoover (DOB 11-06-92), Caleb Hoover (DOB 12-01-01) and Caden Hoover (DOB 10-28- 04). 3. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Husband has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 07-1187. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. § 3301 of the Divorce Code is entered as soon as possible. In particular, the parties, within 10 days of the date of the Agreement, will execute and deliver to Husband's counsel all documents necessary to obtain a final divorce decree. Within 10 days thereafter, Husband shall cause his attorney to file a Praecipe to Transmit Record and/or all other filings or documents necessary to obtain a Decree in Divorce. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to 2 compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Marital Property. (a) Personal Property. Husband and Wife acknowledge that they currently have in their possession all of their separate and distinct personal property. (b) Retirement. Pension. 401-K Plan. 1. As of the date of the signing of this Agreement, Wife shall retain 65% from all marital retirement accounts. These accounts include: Wife's IRA, Waddel & Reed account number 32369753; Waddei & Reed account number 35152217; Husband's IRA, Waddel & Reed account number 35135120; Waddel & Reed account number 35152222; and, Waddel & Reed account 32435707. 3 2. As of the date of the signing of this Agreement, Husband shall retain 35% from all marital retirement accounts. These accounts include: Wife's IRA, Waddel & Reed account number 32369753; Waddel & Reed account number 35152217; Husband's IRA, Waddel & Reed account number 35135120; Waddel & Reed account number 35152222; and, Waddel & Reed account 32435707. 3. Wife's sixty-five percent (65%) of the account balances shall be adjusted for eamings/iosses from the date of the signing of this Agreement to the date of transfer to Wife. The sixty-five percent (65%) shall be taken pro-rata from the various accounts, and pro- rata from the various investment funds in which each such account is invested. Husband's thirty-five percent (35%) of the account balances shall be adjusted for eamings/losses from 4 the date of the signing of this Agreement to the date of transfer to Husband. The thirty-five percent (35%) shall be taken pro-rata from the various accounts, and pro-rata from the various investment funds in which each such account is invested. 4. Both Husband and Wife agree to timely execute (no later than 10 days following presentment or request) any and all documents necessary to complete or effectuate the above provisions. 5. In the event that it is necessary to draft a Qualified Domestic Relations Order ("QDRO") to effectuate the transfer, Husband will be responsible for the cost to draft the QDRO. (c) Real Estate. 1. Husband and Wife are the owners of property located in Elkland Township, Sullivan County. The parties have refinanced such property, whereby Wife was provided $7,000.00. Husband shall remain solely responsible for any and all payments related to mortgages, real estate taxes, homeowner's insurance 5 and maintenance of said property, and shall indemnify and hold Wife harmless against any liability resulting from his failure to make payments thereupon. Wife specifically waives all of her right, title and interest in the property, and waives her right to claim any equity which may exist in this property in consideration of the various covenants and promises made herein. 5. Debts and Obligations. (a) Individual debts/obligations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. 6 (b) Joint debts/obligations. Husband and Wife represent that there exists marital debt which Husband shall assume responsibility, to wit. Cabelas Visa Card. If any claim, action or proceeding is hereafter brought seeking to hold Wife liable on account of any such debts and obligations, Husband will at his sole expense defend the Wife against any such claim, action or proceeding, or not well-founded, and indemnify Wife against any loss resulting therefrom. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 6. Automobiles. Upon execution hereof, the parties agree that the 2002 Ford Winstar shall become the sole, free and clear property of Wife, and that Wife shall insure and assume all liability therefor except as otherwise set forth herein. Husband waives any right, title or interest he may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. The parties further agree that the 97 Pontiac Grand Am, 97 Chevy Silverado and camper shall become the sole, free and clear 7 property of Husband, and that Husband shall insure and assume all liability therefore except as otherwise set forth herein. Wife waives any right, title or interest she may have in and to said automobile and shall properly execute any title or transfer documents necessary to full this provision, either herewith or when presented to him. 7. Other Writings. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 8. Alimony. In recognition of the criteria set forth in Section 3701 of the Divorce Code 23 Pa.C.S. 3701, commencing on the date of execution of this Agreement and with the final payment date being October 28, 2013 (the date Caden Hoover turns nine (9) years old), HUSBAND shall pay to WIFE as alimony the monthly sum of Five Hundred Sixty-Seven ($567.00) Dollars. The parties specifically agree that said alimony payments shall never exceed the monthly sum of Five Hundred Sixty- Seven ($567.00) Dollars. This amount shall be non-modifiable except in the event of one of the following: (1) Wife's remarriage or co-habitation, cohabitation is being defined as the Wife living or residing with an unrelated adult male on a regular continuing basis for more than thirty (30) days within any twelve month period; (2) the death of Wife; (3) the death of Husband; and, 8 (4) Husband is unable to work due to a catastrophic illness. If Husband is disabled as the result of a catastrophic illness, then Husband shall have the right to seek a pro-rata reduction in the alimony obligation owed to Wife. Husband's Alimony payments shall commence on April 1, 2009. Said support payments shall be made in two (2) monthly installments. In the event of a default by Husband, Husband shall not oppose a request by Wife to have the Alimony entered as an attachment order through the Cumberland County Domestic Relations Office. Following the last payment on October 28, 2013 (the date Caden Hoover turns nine (9) years old), Wife agrees to release and discharge Husband absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The Alimony payments shall be deductible to Husband and are income to Wife for Federal Income Tax purposes. 9. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. 9 (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attomeys' fees and costs, made against her by reason of debts or obligations incurred by him. 10. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the.other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 11. Tax Return. Each party shall be solely liable for any tax liability from 2007 forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 2007 and thereafter. As to all tax years prior to 2007, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all 10 deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. 12. Deductions/Tax Credits. Wife shall be entitled to claim as a dependant Caden Hoover (DOB 10-28-04) for purposes of sate and federal income tax. Wife shall be entitled to claim the childcare tax credit for Caden Hoover (DOB 10-28-04). Husband shall be entitled to claim as dependants Colby Hoover (DOB 11-06-92) and Caleb Hoover (DOB 12-01-01) for purposes of sate and federal income tax. Husband shall be entitled to claim the childcare tax credits for Colby Hoover (DOB 11-06-92) and Caleb Hoover (DOB 12-01-01). 13. Medical/Health Insurance. Once the decree in divorce is issued, each party shall be responsible for their own health insurance coverage. 11 14. Life Insurance. Husband and Wife agree to each maintain life insurance policies naming the parties' three children as beneficiaries. The policy for each child shall be in an amount not less than $25,000.00. Each individual policy may be terminated when the named child (beneficiary) reaches the age of 18 and has graduated from high school. 15. Entire Agreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 16. Legally Binding. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 17. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and whosesoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the 12 other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attomeys' fees and costs. 18. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attomeys' fees, incurred as a result of such proceedings. 19. Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and 13 (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 20. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 21. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 22. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 23. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: lice . H er WITNESS: HUSBAND: J es M. Hoover, Jr. 15 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF ^ _ On this, the day of 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: 1 f?y o1 IJL'.u? lan Cou9ty iy C i33s'fii 5E ii FY?3i(f;3 Jan. 10, 2(?1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Am-L SS.: On this, the c?KL day of N4*d\ , 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (14ruz--LA L- i?v? N ry Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSY VANIA NWarW &W Jaanat a L. Roberts, Notary Pubk DOW" Bar% York Cow* ConnrrldOfr 22, 2010 MWMW Panay Oft AUDMMn of Notaries IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: T, - -4 ?111 ice L. H e WITNESS: HUSBAND: J es M. Hoover, Jr. 15 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF &On this, the day of u 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Notary Public My Commission Expires: (SEAL) C7 7' 'N?MYA,111A rl±ARK K. Ei,,ER)" lsf,? =rj Public Ciiy of 11,,rr isb!'r , Dula: {!in County FSy Comm.issitn E;:,Jrys Jan. 10, 2011 . SS.. On this, the q -"- day of , 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 4?2A an L±tL k 0 N ry Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNS VANIA Na1MW sal Janebe L. RObuee. NOhry PUW DMNrrrrp Boro. York C=* MY CgmMedon .2Z 2010 Member. Pennsylvania Aseor?eMon of NOW" IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WITNESS: ?- el'- WIFE: , Apy'? - j j12) NFL. Hoo er HUSBAND: )0es M. Hoover, Jr. 15 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF 1 "? + ^ On this, the I day of /4-1.4 , 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF QprL No ry Public My Commission Expires: (SEAL) / A grnpfl eta±-e,-t„I n,y+}i?,?R'?Sj4?f?,'? ? ?- ,.e ? ,. rs, 4• t ,. MIRK K ty of SS.. On this, the c-2 L4 ?-= day of , 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. t-t+.L 0?"1? It iv N WryPublic My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Nohrid 8? ' Jeerwft L. Roberts, Nobuy Public DMmbwO Boro, York County My Cw wft1W 22, 2010 Member, Peneayhmnie AnodOw of Notaries IN WITNESS WHEREOF, the panes hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: 1 ice C 'Hoer WITNESS: HUSBAND: G? J es M. Hoover, J 15 COMMONWEALTH OF PENNSYLVANIA : SS.: COUNTY OF ?- On this, the / ? day of P f a r* 4 . 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL) C City ?"q County COMMONWEALTH OF PENNSYLVANIA a"'? Cam: -"'-n 10, 2011 i : SS.: COUNTY OF On this, the U TM day of a c 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N ry Public My ommission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Jeanette L.Noww Sew ROWS, No1My Public DOW" Soro, Yak County My ComnAM n Expkn Aug. 22, 2010 Member. PenneyNenia Anodedon of NoWW IN WITNESS WHEREOF; the pares hereto have executed this Agreement the day and year first above written: WITNESS: WITNESS: WIFE: 'zAi pjiKo ?A) ice L. Ho r HUSBAND: w Ja es M. Hoover, Jr. 15 COMMONWEALTH OF SS.: COUNTY OF [,ENNSYLVANIA On this, the /4? day of ^ (11?c- 2009, a Notary Public, the undersigned officer, personally appeared Alice L. Hoover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL) (`f r no4 i .+nAII?I?S*M 3 r J R19 t J l { ' i ...1 !ic COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF ?brk- On this, the a day of 1 L 2009, a Notary Public, the undersigned officer, personally appeared James M. Hoover, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 4ry Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA NoWlal SSW JeeneEs L. Robeft, Nobly Public DlM@Wg eoro. York County My Canv* a w Mq*n Aug. 22.2010 Member, Pennsylvania Anoddw of Notaries r f JAMES M. HOOVER, JR., IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 07-1187 CIVIL TERM * ALICE L. HOOVER, * CIVIL ACTION - LAW Defendant * IN CUSTODY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: r`- Jai s M. Hoover, Jr. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOOVER, JR., Plaintiff * NO. 07-1187 CIVIL TERM * VS. * * CIVIL ACTION - LAW ALICE L. HOOVER, * IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Mark Emery, Esquire 410 North Second Street Harrisburg, PA 17101 Date: kof By Thomas M. Clark, Esquire RLM-CIRCE OF THE PROTHONOTARY 2009 SEP I I PM 12: 2 9 CIJ?:f k' f?3 TV O1 SEP 1 e 2009 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOOVER, JR., Plaintiff * NO. 07-1187 CIVIL TERM * VS. * * CIVIL ACTION - LAW ALICE L. HOOVER, * IN DIVORCE Defendant RULE TO SHOW CAUSE AND NOW, this jr day of 4, , 2009, a rule is hereby issued upon the Respondent/Defendant, Alice L. Hoover, to show cause, if any, why the Petition for Enforcement of Marital Settlement Agreement should not be granted. Rule returnable Za days from service thereof. HSTRIBUTION: Mark Emery, Esquire, 410 North Second Street, Harrisburg, PA 17101 /Thomas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 C.,cil es rVLat6L f 9/1 [v4 BY THE COURT: OF T. HE P;., r f"n ,O TNRY 2009 SEE 16 AM 8, 4 2 Illy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOOVER, JR., Plaintiff * NO. 07-1187 CIVIL TERM * vs. * * CIVIL ACTION - LAW ALICE L. HOOVER * IN DIVORCE (n/k/a Alice L. Anderson), Defendant } STIPULATION TERMINATING ALIMONY lR ?n? AND NOW, this 1_ day of-9etober,-2009, James M. Hoover, Jr., of Etters, York County, Pennsylvania (hereinafter referred to as "Plaintiff) and Alice L. Hoover (n/k/a Alice L. Anderson) of Cumberland County, Pennsylvania (hereinafter referred to as "Defendant"), having reached an agreement to mutually settle and resolve the issues surrounding Plaintiff's Petition for Enforcement of Matrimonial Settlement Agreement to Terminate Alimony, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS James M. Hoover, Jr., is the Petitioner/Plaintiff, and WHEREAS Alice L. Hoover (n/k/a Alice L. Anderson) is the Respondent/Defendant; and WHEREAS the parties, having reached an agreement regarding Plaintiffs Petition for Enforcement of Matrimonial Settlement Agreement to Terminate Alimony prior to a hearing, are desirous of avoiding further legal proceedings and are desirous of entering into a Stipulation Terminating Alimony. NOW, THEREFORE, it is hereby agreed and stipulated by and between Plaintiff and Defendant, intending to be legally bound, do agree as follows: 1. Plaintiff and Defendant were married on August 17, 1991 in Camp Hill, Pennsylvania. 2. Plaintiff filed a Complaint in Divorce on March 5, 2007. 3. A Divorce Decree was issued on May 12, 2009. 4. On March 18, 2009, the parties executed a Matrimonial Settlement Agreement. 5. Per the Agreement the parties specifically addressed the issue of alimony (Item No.. 8 - Alimony). Plaintiff was to pay Defendant alimony in the amount of $567.00 per month. The Agreement provides that: This amount shall be non-modifiable, except in the event of one of the following: Wife's remarriage or cohabitation, cohabitation is being defined as the wife living or residing with an unrelated adult male on a regular, continuing basis for more than thirty days within any twelve month period. 6. The parties stipulate and agree that, in accordance with the Matrimonial Settlement Agreement, conditions have been met whereby the alimony payments from Plaintiff to Defendant shall be terminated. 7. Defendant releases and discharges Plaintiff absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite and/or spousal support. Moreover, Defendant completely waives and relinquishes any and all claims and/or demands she may now have or hereafter have against Plaintiff for alimony, alimony pendente lite, and/or spousal support. WHEREFORE, the parties agree that this Stipulation Terminating Alimony shall be submitted to the Cumberland County Court of Common Pleas for entry as an Order of Court. Both parties acknowledge that they have entered into this Stipulation Terminating Alimony voluntarily and after the opportunity to consult with their respective counsel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day- and year first above tten. Jw1A M. over, Jr Alice L. H ver a i L. Anderson) Witness IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOOVER, JR., Plaintiff * NO. 07-1187 CIVIL TERM VS. ALICE L. HOOVER, (nJWa Alice L. Anderson), Defendant * * * * CIVIL ACTION - LAW * IN DIVORCE ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION AS ORDER OF COURT AND NOW, to wit, this IL *1N day of Aetober; 2009, the parties in the above referenced action do hereby agree that the attached Stipulation shall be entered as an Order of Court. J M. Hoover, Jr. r Witness Aanczb&??) Alice L. Hoover (a Alice . Anderson) Witness 1,7 JAN 1 9 2010 BY THE COURT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOOVER, JR., Plaintiff * VS. * ALICE L. HOOVER, (a/k/a Alice L. Anderson), Defendant NO. 07.1187 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER ADOPTING STIPULA IQN O PARTIES AND NOW, to wit, this i g day of , 2W. upon consideration of the foregoing Stipulation Terminating Alimony, it is hereby ordered, adjudged and decreed that the 1'Xa N ` terms, conditions and provisions of the foregoing Stipulation, dated 9etebcr- , 2009, are adopted as an Order of Court as if set forth herein at length. A? 7 eca? ry 4'v N Q L W t0 ..l rr'i r?- R