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HomeMy WebLinkAbout98-02127V 01 a! r Ot 1 w r n n Z IN THE COURT OF COMMON PLEAS OFCUMBERL.AND COUNTY STATE OF PENNA. LA[/REk"?1 M. ULRICH ?_ II Plaintiff VERSUS KEITH P. ummi, Defendant - - No, 99-2127 DECREE IN DIVORCE AND NOW, 2...-j__ - .11-W Z..__ IT IS ORDERED AND DECREED THAT _LAUREEN M. ULRICH ___, PLAINTIFF, AND KEITH P. ULRICH ARE DIVORCED FROM THE BONDS OF MATRIMONY, -1 FENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD I THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ?()A.k . _ The Marriage Settlement Agreement dated April 11, 2002 is-incorporated IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M, ULRICH, CIVIL ACTION - LAW Plaintiff No. 98-2127 Civil V. KEITH P. ULRICH, Defendant IN DIVORCE MARRIAGE; SFTTI F.MF,N'1 ACRI3E:MF.NT THIS AGREEMENT, made this _j/ lay of April, 2002, by and between LAURF,EN M. ULRICH a/k/a LAURIE M. ULRICI I, of Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife" and KEITH P. ULRICH, of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," or collectively referred to as the "Parties." WITNESSETH; WHEREAS, Husband and Wife were married on May 22, 1993 in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since December 1, 2001; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (G) months; and WHEREAS, certain diverse, unhappy differences have arisen between the Parties hereto which have made them desirous of continuing to live separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital KPUrN Page 1 of 17 LMU Z A (,f , rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, there were two (2) children born of the marriage- Chad C. Ulrich (hereinafter referred to as "Chad"), born October 17, 1990; and Chelsea M. Ulrich (hereinafter referred to as "Chelsea"), born August 12, 1994; or hereinafter collectively referred to as the "Children"; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the Parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the Parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for the liabilities they owe, and provisions for the resolutimi of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto in consideration of the mutually made and to-be- kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE 1: SERRATION It shall be lawful for Husband and Wife at all times hereafter to live separate and apart KPLI At s Page 2 of 17 LMU ?. (? from each other and to reside from time to time at such place or places as they shall deem fit iuul free from any control, restraint, or interference, direct or indirect, by each other. Neither Party shall molest the other, or compel, or endeavor to 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 as to the lawfulness of the causes leading to them living separate, and apart. ARTICLE 11: DI ORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the Parties hereto, and each of said Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action, or more particularly, action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor will it prevent either Party from defending any such action which has been, may, or shall be instituted by the other Party, or for making anyjust or proper defense thereto. 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 Husband and Wife to execute this Agreement. Husband and KPl.1 lC'- Page 3 of 17 LMU r \p. oc a`,aa `°c p\?? °ccioC? a .? \ 90? \Nr t°?Q ????b iGp Gav °`' \cts C°ta Cca \?p\\ c`??. .,bp\ soC °a`'? - a°o- C?• pmt , 1a`a oCr NI S$, a? Z` a\,c ,`?, reQ peeeC' ?`cs pb9 p` o?icpSIP Q a° ??` ti a` :c za poa Cota ??t? rc ?a` ti ar csp \?c `?i` \\` p?9 c\?? J`s o?c° ?°?,? a`` ? abc 4pi\` ct°C? ?? ot> p°ap '.?`?'?p ot?p? • o? \Cc?, ou?`c• `N4 s?\cc as?o aapa oCN,G r`s?6 `cc?\c, s cc .?? ?aosssoo `Size a`,ara` \?c? p? c?p?f1' ?o oc? o t a \ ? r r „ \? t \ epC ? ?p oC° \\? o° oe, ,?o ?? ote ' ra p\a ?o cc`ra °```oc c```ca r`,``o ,`,a` ccsr i\.° `c°Ce csr° °?\ a a a? ?J? ?sQc ?i` oscs `got°o ?ba re \° CQ a at` CA ?O c INS, Cotp`` •aiaC`°?` oocsc s``crs o`er°<< o °? of cQ cry o? ` ?`, Cs et a Gtr gee oo. ,co ;pb ?e to ?r o? `oa` c.` cep `?o? ia° p`c`` ?p9 p°? P°0 tp`? a t a?sc ° ? cc a??9 1& S°t` `QC`s S alb rc4 ?.?` co , sF' ap N1. C ? rc ra of ??` oC ,,`?a6? `cs`o?`` ccCCee`c otac`c e?`yr° Ca?`cs Ca``o?ee ?? ?ec?{,e?` r`r?p??? a``re a? tr cwt, c? rc `° `sP aQO C`c ? 4 a\`?o ``alp, Pbc ?eje {oiac oCr ,c?so rcc?? ?1C ?• \s e` o pe as ti` `peoC' a`,?? \o°a ce'' {tea scc? ? o? el`???o pads acct \\?p4? tact ?°io o°? p1° \` ?°ic0 Qa.?` ?co0 Qp?c ° ap?a ar?r °pp`9 ?o ?pac{s`o r°i\ppa y?; incorporation, however, shall not be regarded as a merger, it being the intent of the Parties to permit the Agreement to survive any such agreements, ARTICLE III: EQUITABLE DI TRI 1TION OP MARI'T'AL PROPERTY 3.1 The Parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the Parties (if any); the age, health, station, amount and sources of income, vocational skills, employability, estate liabilities, and need for each of the Parties; the contribution of one Party to the education, training, or increased earning power of the other Party; the opportunity of each Party for future acquisition of capital assets and income; the sources of income of both Parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each Party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a Party as a homemaker; the value of the property set apart to each Party; the standard of living of the Parties established during their marriage, 3.2 The Parties shall retain sole and exclusive right, title, and possession of all personal property currently in their possession, Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in KPU _100Y Page 5 of 17 LMU / m ?1 Husband's possession, Should it be necessary for either Party to execute any documents to convey title to any such personal property in the other Party's possession, they shall do so within thirty (30) days of the execution of this Agreement, or within thirty (30) days of a request to do so from the opposing Party, A. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights she may have to, and make no claim whatsoever in, any and all of the Parties joint checking and/or savings account(s). Within thirty (30) clays of execution of said Agreement, Wife shall sign any documents needed by Husband to effectuate such transfer, B. Contemporaneously with the execution of this Agreement, Wife shail relinquish any and all rights and/or liabilities she may have to, and make no claim whatsoever in, any and all of the Parties joint credit card(s). Within thirty (30) days of execution of said Agreement, Wife shall sign any documents needed to effectuate such transfer. C. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights whatsoever in any stocks or securities currently held by Husband, and within thirty (30) days of execution of said Agreement, Wife shall sign any and all documents needed or requested by Husband to effectuate same. D, Husband agrees to pay to Wife a sum of Three Thousand ($3,000) Dollars to compensate Wife for her interest in the items referenced in this Section and in the marital property, Husband shall pay this Three Thousand ($3,000) Dollars to Wife via Seventy-Five ($75.00) Dollar per-month installments from September 2002 until December 2005, or until the Three Thousand ($3,000) Dollars in paid in full. KPU 40Y Page 6 of 17 LMU A0 a fa,C wud pot\,aCS ?s As ?? 01101 id am°?a?t w 1ho asC\, usaad l ' t1)At sa ChTCO SCettoo and uadeot cou dntt said J,ttt 11i`s ' ek iadcP wife Aekn°w\odb the ,,toms C°f°vc%ACc tad se ?usbanS ?• intOTOSt1n tp Toview t1?ts ?bCCp„`4„t s am°mtt bCC foT ha pctav M nay \`,av c \`\t cga`tab\e d au oph \ s\xc hajot wife intefe9t tan,rTOftts nob°tiateJ a?cc p W?v es any Y`bht °c pn cc\?ase P C`bht pC iateCest tU bo<cm,`f \an stock°\ wA`vCSUOy \aA. hoCd\n,ti\`?sb cedton ?xpCrt as QTpviJcd any Ceti<emeot P uad tent'P ?xcc\itasPCOVid°J °nspnb°ncfds. Cnt beoof`ts, \o°\uJmB ttoi`s 010, oc b any v°mp\oy`n Cc\ated rc`Attecs, cl`tbenCf`ts, in°\\.jdto ?c\ated \\t0vs Re\ a J?, IN IS, oC ?fe s en'P\o`I"' \RA s, oC pn?°suc etct of wT\ngP\an ' \?f?edD cn have m Tpftt ShA of u Qua l5po/ol e tray \ao, P Cntcy to Cifty OTCe iA he uTphase P ,Tees is ' t0 the cn?J fmalpe op"On r CTeby ab v w ife of the Te\atad hCteb stock usba°dh ?, h the o`dCy \an, pc H by w Se, 3 the°"h ftt shATt"br s \09c p\ eaTpc\ on fds fC°m May gto° 2 k °vtipn r`TTCh'ase P\a av T`\`TO`Tsh 31\1 pth C d°cumeAt TealTtb 0 ? a y oa?oyC°o» nt r\an' Husband T?tay \ Husbands Any CeltCem° e\an that ,CC \c?c\udtub eCeeosjp° aAda\\ b,me\oy \ 11k?' oC Tcenteot• d To;inQ"Tsh an oCty \ matte ,Ce 4s of the datC °f thts Pb a3dw\fe Teo tO vvaTCa\ o? tanb \e PeTS°np; ee a c1 \ ab ib geN Husband in any T Tee to w a ftca\\y ag hoTC\o've, °T heTC AReC a6Q??TTp \ s pTpvidei wifeS\l etC\ationshtp d and maRiab a \\ VOW to PX°Crt he m npw ha usban ,?,bbts that he °C . C d by the °t\,cC e aTiy ^ may ATTSC as a TCSU\,S ?6 CeenCnt' w ife sh n to lh C CX Cu lh ? subsequent\y a6Q \n su6b pTOeCTty e ,\Cn of ht withth ?rn,? \ us\y any T`b TelTnquts\% LMT) CpntcmP°Taoco N. ? ea6e? °f \'1 LA ,Cev . Husband via Quit Claim Decd, any and all of Wife's right, title, and interest in, and to, that certain parcel of real estate located in Cumberland County, Pennsylvania, known and numbered as 25 Regency Woods North, Carlisle, Pennsylvania, heretofore owned by Husband and Wife as tenants by the entireties. Said transfer is subject io those liens, judgments, or mortgages of record as of the date of conveyance, all of which shall thereafter become the sole and exclusive obligation of Husband. Within one (1) year of the date of this Agreement, Husband shall payoff' and/or refinance any and all mortgages and notes secured by said property to remove Wife's name from said mortgage(s) and note(s). As of the date of this Agreement, Husband shall indemnify and hold Wife harmless from any and all claims for payment of any mortgage(s), note(s), or loan(s) secured by said property. ARTICLE IV; RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained u substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided for herein, after having an opportunity to review this Agreement and seek independent counsel, Husband and Wife do hereby waive, release, and give up any and all rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance, A. Contemporaneously with the execution of this Agreement, Husband agrees to pay KPU K40U Page 8 of 17 LMU 0 , U-. ©//! N//o os4,ry 0 y? ay/ ary ' r° yG /c y6 Gr °// ?'ij ro Zo. / r o%r°ar? hG lac Aarryr ??? Y/ a/O /jl?fa //Sfo '. a / r1949- /iry. r/e r 6 e /ess r/e° oe6s F O?,o ?4j °r/ rr/' /?r ri// ors oho e c,3 r ?6' /orr 4j/'?s rn ar+o,P y?i/h f aryc°4 sp?raf reshO?i /ey/ s! Al?, /o Jr he r°// 2 %i Q4/y ea a,y a? a6,c? /1 e fss/O ee f/ a? aro hq^ -11-1-41 S, o Y/Z%i //i / ry/ve/ s /ryas/ ??rehl / N' i° ?a/ye Q? ?ir Sr C'jah ojea 4?/a l??c i h /eA `e4/i / ?/ shy/p a/?ri ary/ ?/fs S/ /Le 6? the Party who incurred said debt shall be responsible fbr the payment thereof regardless of the name in which the account may have been charged, Husband and Wife. acknowledge and agree that they have no outstanding debts or obligations of the husband and Wife, which were incurred prior to the signing of this Agreement, 5.3 It is the intention of the Parties that the 1993 Dodge Caravan Mini-Van, vehicle identification number IB4GH54R8PX558447, and the 1994 f-150 Ford Pickup Truck, vehicle identification number 2FTEF14YXRCA26279, shall remain titled to Husband until such time as Husband pays off current Mini-Van loan. Once said loan on the above-referenced minivan is paid in full by Husband, Husband and Wife shall, within thirty (30) days of the date of payoff, execute any and all necessary documents to have the above-referenced Mini-Van transferred and registered with the Pennsylvania Department of Transportation, in Wife's name only. It is the intention of the Parties that when said Mini-Van is titled solely to Wife, Husband will cancel the insurance on said vehicle and Wife will therefore he responsible for acquiring and upkeep of insurance on same. ARTICLE VI: SUPPORT OF CHILDREN 6.1 Husband and Wife acknowledge their obligation to contribute to the support of their minor Children. A. Please see Agreement attached hereto as Exhibit "A" and incorporated herein by KPU1COu Page 10 of 17 LMU Yl./(, reference, B, The Parties' monthly child support obligation will he calculated using the then- current net incomes of Husband and Wile to determine the child support obligation. The child support obligation will be determined by using the Child Support Guidelines for the Commonwealth of Pennsylvania in effect at that time, The Parties hereby agree that the provisions concerning child support may be entered as a Support Order in the Court of Common Pleas of Cumberland County, or in such other appropriate court. C. Should either Party have to make child support payments, the Parties agree that any and all child support payments shall be made every Friday. For the purposes of this Agreement, payments shall be deemed "made" if they are personally delivered or placed in the United States, First Class Mail, Postage Pre-paid, by Friday. D. Child support shall continue f'or the Children until said Children reach eighteen (18) years of age, or graduate from High School, whichever occurs first. E. The Parties hereby agree that as long as there is no cost involved, Husband shall continue to carry the Children on his health insurance coverage as long as the Children are eligible for said coverage, If and when health insurance becomes an out of pocket expense for either Party, the Parties will share equally, the costs of providing the Children with coverage similar to what they currently have as of the date of this Agreement. F. The Parties hereby agree that Husband and Wife will share responsibility for any unreimbursed medical expenses incurred for the care of Chad and Chelsea pursuant to Exhibit "A„ KPU _„00 .0 Page 11 of 17 LMU Zk q . 6.2 Beginning with the tax year That ends December 31, 2002, the Parties hereby agree that for Income Tax purposes, Husband shall claim Chelsea as n depondant. ARTICLE VII, v1laMj,,II,9NE'QUS PROVISIONS 7.1 The Parties hereto have had the opportunity to retain independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, or the parties have voluntarily waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice, and with such knowledge that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. 7.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to conic and for all purposes whatsoever, of and from any legal right, title, and interest, or claims in, or against the property of the other, or against the estate of the 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 acts, contracts, engagements, or liabilities of such KPU _LQOU Page 12 of 17 GMUa?1 4. or claims in the nature of dower or curtsey or widow's or other as by way of dower or curtsey, 'exanrpt?on, nr similar allowunea, or under the intesudo'o law,;, ratile right widower's rights, family once by 11 to take against the spouse's will; of the right to treat u lifetime convoy' other rights of it surviving spouse to Part ?crpate in it deceased spouse's estate, h state, cornmonwaa?ih, or territory o testamentary, or all under the laws of (a) Pennsy?vanial, O any ' May have or at any y whether arising c arty other country, or any rights which either Part the llnited States; or ?rasent, or future support or maintenance, alimony, alimony time hereafter, have, for past,} fees, costs or expenses, whether arising as it result of die marital relation o pendente lite, source obligations of whatsoever otherwise, t, all rights and agreements and excep t and only except, obligation arise, under this Agreement, or for the breach o any nature arising, or which may ' execution of this ive to each other all by property of any kind thereunder. It is the intention of hlusband and Wife to lete, and general release with respect to any and titre, Agreement, a full, comp hereafter acq or nature, real or personal, not mixed, which the other now owns or may all rights, agreements, and obligations of whatsoever nature arising except, and only except, thereof, from, or which may arise under this Agreement, or for the breach of any 7.3 separation, they have not heretofore incurred or Each Party represents that since ma be for any debt, liability, or obligation for which the estate of the other Party to contracted reement. Each Party agrees responsible or liable, except as may be provided for in this A6 the other Party harmless from and against any and all such debts, liabilities, or obligations arising t for the indemnify and hold s p obligation of each of them, including those for necessities, excc LMUI 'm'0, ?U page 13 of 17 KPU _ ??.= out of this Agreement. liushand and Wife each warrant, covenant, represent, and agree that each will now, and all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 7.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties hereto, and no waiver of any breach hereof, or default hereunder, shall be deemed a waiver of any subsequent default of the same, or similar nature, 7.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 7.6 This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns, 7.7 This Agreement constitutes the entire understanding of the Parties hereto and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, clause, section, 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 KPU 1 l Page 14 of 17 LMU6L. 0 C i, provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continuo in full Ibree, effect, and operation, Likewise, the failure of any Party to meet his or her obligation under tiny one or more of the Articles and Sections herein, shall in no way void or alter the remaining obligations of the parties, 7,9 The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement, Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her personal property interests of any nature, including any mortgage, pledge, lieu, charge, security interest, encumbrance, or restriction to which any properly is subject. Each Party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of marital property for inadequate consideration, without the prior consent of the other Party, Each Party further warrants, represents, and declares that each is, and has been, fully and completely informed of, is familiar with, and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other Party, and that each has made a full and complete disclosure to the other of the extent of his or her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by, or on behalf of, either or both Parties during marriage, KPU O U Page 15 of 17 LMU ate," 4 7,10 In the event that either Party to this Agreement shall breach' my torn, covenant, or other obligation herein, the non-breaching Party shall he entitled to, in addition to all other remedies available at law or in equity, recover from the breaching Party all costs of which the non- breaching Party may incur, including, but not limited to, filing fees and attorney's fees in any action or proceeding to enforce the terms of this Agreement, 7.11 This Agreement shall survive any action for divorce and Decree of Divorce, and shall forever be binding and conclusive on the Parties; and any independent action may be brought, either at law, or in equity, to enforce the terms of this Agreement by either Husband or Wife until said terms shall have been fully satisfi<J and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the Parties hereto, and the covenants and agreements of each of the Parties to the other, The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the Parties hereto, and the Parties intend to be legally bound hereby. 7,12 Should either Party file for Divorce, the, Parties both agree to cooperate with each other in obtaining a final divorce decree terminating the marriage, It is agreed that the Parties will execute and file the consents necessary to obtain the divorce. Any Party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the Party who is seeking the divorce. KPU K?C4 Page 16 of 17 LMU &l! 7,13 The Parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been filly explained to the parties by their respective, counsel or the parties have waived their right to have legal advice regarding the meaning find implication of this Agreement, It is specifically agreed that Hang & Knight, P,C., and their attorneys represent Husband and have given Wife tic) legal advice regarding divorce, custody, support, or this Agreement, Wife has had an opportunity to have this Agreement reviewed by her attorney, The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements, IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first written, above. WITNESSED BY: r 01)62 L4A AA M, &Ct t-e-A. Laurie M, Ulrich ?,. - _ Keith Ulrich R\Uar Fo41er\Fim, IwcAUamincAMlt\lala VNISAapd KPU I?61 Page 17 of 17 LMU IM ?( C gtj/''//i M ? /N- Q14;, 0 °v" 'ah t A 1.t P '917014 ? dCohpt hapeth<s C F /TN secOhr/part °ChM &/r/ r A°',"s1/``????rt/, a?p??Qhi Ae h Wyf/P CSSF/// /Cr°r/?oi e W? ?L.? r, pyrYo/t h s.Y/`, ?'fls r Derr r? QOM hOi ° t Ci q hafebe°'rs?yfk4g5' y! th?rN ``Cret e ??°roh4j'r'ed Ppr4t igha,J wp (2 Oh M ohha?t, R?9S oe°artthoA>s SN,td "'ea °c/,'/drCh bOr"i y2? 199-? ?G radOt rt`?/ii 4 ros/d of't/e r //444s hohr9os??ori d??°rs° 4hhaJ/tro"rths y'i ohtsp/tho(° ?ra?'a6e `'h d'tt(rr/t`t/s4ppyrsbr7hd 4h? w /'?''r?sCpppyd'??oro?rQ s hthtO'rw°a/t/ of r/6b ??Od° at°a ha1c "0' is . s/r hd, ??r/ hs a'tdob/?d.> etOSEtt/e. partOhr so/tbottp, hO'rsI `r?rd a?rd?/oto?r''i o'ro9hoth°r ht4,040, os A eoCd 4%, ha ajh Of 6. p1?the/r child c/` Ns rip p P 00 3,c , q u, WHEREAS, it is the intention and purpose of this Agreement to set firth the respective rights and duties of lho parties while they continue to live apart from each other and to settle only the following financial and property rights between them; and NOW, THEREFORE, the parties hereto in consideration of' tile mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows; I, Husband agrees to pay to Wife TWO Hundred ($200.00) Dollars per week in child support for two (2) children and said amount can be wage-attached through the Domestic Relations Office, 'file effective date of this provision is the date of this Agreement. Either party can petition the Court for modification as it result of changed circumstances, 2, The Parties agree to all arrcarage amount of Six Hundred ($600,00) as of the date of this Agreement, Husband agrees to pay Wife Ten ($10.00) Dollars per week for sixty (60) weeks to cover his Six Hundred ($600.00) arrcarage. Said amount can be wage-attached through the Domestic Relations Office. 3. Husband agrees to continue to pay the current monthly payment for the mini-van in Wife's possession, which vehicle is currently titled in Husband's manic, until said mini-van loan is paid in full. 4. If Husband can do so through his insurance, Husband agrees to keep Wife on his auto insurance and to pay the monthly premium for said auto insurance until the debt on the mini-van is paid in full. Page 2 of 6 5. Once the loan for the mini-van it; paid off, Wilo agrees that I lusband shall drop her from his auto insurance. Both Husband and Wife agree to sign and efflecturne tiny and all documents to make this change possible within live (5) days of being requested to do so by (lie opposing party, 6. Once the loan for the mini-van is paid off, Iiushand shall transfer title of said mini-van to Wife's name only. Husband and Wife agree to sign and effectuate arty and all documents to make this change of title possible within fivr, (5) days of being requested to do so by the opposing party. 7. Husband agrees to pay to Wife the sum of six Hundred ($600.00) per year for three (3) consecutive years, or a total of Eighteen hundred ($1,800.00) Dollars, for her schooling. Said amount shall not be wage-attached through the Domestic Relations Office, 8. Wife specifically agrees to waive any and all rights she may have to Spousal Support, Alimony Pendente Lite, and/or Alimony, as delined in the Pennsylvania Domestic Relations Code. 9. It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce or support judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that it Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County at Docket Number 98 - 2127, Such incorporation, however, shall not be regarded it morger, it being the intent of the parties to permit Agreement to survive any such agreements. 10, The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves Page 3 of 6 Sufficient resources to provide for their comfort, nu,intemnce, and support in the station of life in which they are accustomed, 11. The Parties hereto have retained independent legal counsel, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have Ieg,d advice regarding the meaning and implication of this Agreement. It is specifically agrees that Hanft & Knight, P.C., and their attorneys represent Husband and have given Wife no legal advice. Wife has had an opportunity to have this Agreement reviewed by her attorney. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements, 12. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13. This Agreement shall be construed in accordance with the laws of the commonwealth of Pennsylvania which are in effect as of the date of this Agreement, 14, This.Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 15. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. Page 4 of 6 16, If tiny term, condition, Chnase, section, or provision of this AgrcenWnl shall be determined or declared to be void or invalid in low or otherwku, then only that term, condition, clause, or provision shall be mriekun from this Agrccnunt, and in all other respects, this Agreement shall le valid and continue in full lines, effect, and operation. Likewise, the failure of any party to meet his or he ohligntion under any emu or more of the articles and sections herein shall in no way void or alter the remaining obhigalions of (he parties. 17, In the event eilhcr puniy to this Agreement shall breach any term, covenant or other obligation herein, the man-hrcnuhiIll' puny shall he entitled, in addition to all other remedies available at law or in equity, to lecovor Ihonn the breaching party ail costs which the non- breaching party may incur, including hill not limilcd to filing fees and attorney's fees, in any action or proceeding to unforce the lernns of this Agreement. 18, This Agreement shall survive any action for divorce and decree of divorce and shall forevor be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to cnl'orce the terms of Ihis Agreement by either Husband or Wife until it shall have been lolly sadslied and perlbrmed. 'file consideration for this Agreement is the multtal benefits to be obtained by both of (le parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound huruhy, I (), The parties warrant and represent that they have made full disclosure of all assets prior to (he execution of Ihis Agroumunl, lulu party represents and warrants that he or she has made it fall and late' disclosure to the other of all of his or her personal property interests of any Page 5 of 6 nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or silo has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure tot he other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived, Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written, WITNESSED BY: ,.NIA tNG .? ? ? / ?i Keith P, Ulrich Laureen M. Ulrich F]Usr PPoWLrIFi.% Ibn!OaWncniW AIMO-1 sgjvm oSw w,d Page 6 of 6 4. ??. h+1 ,. ? ? 7 G('i I.!!r ? ' f ?) : x7 " ?• t f .? . { i ? w.5' ? t;. !.:i -. i ?.? - , ?? 4. ' _ ?. ? ? - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M, ULRICH, Plaintiff CIVIL ACTION - LAW V. NO. 98-2127 KEITH P. ULRICH, IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECD DD To the Prothonotary: Transmit the record, together with the following information, to the court for on" of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2, Date and mannerof service of the complaint: Via personal delivery on April 22,1998; Acceptance of Service filed on May 14, 2002. 3. Date of execution of the Plaintiff s affidavit of consent required by Section 3301 (c) of the Divorce Code; May 7, 2002; by the Defendant; May 2, 2002. 4. Related claims pending: Nonc. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 14, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 14, 2002. Date: F Ar/0 Z. r sof NI&OFinn DQ,:jWClldhs9100!\l040. I Fru<uiln umsnillwpl HANFT & K IGFI`f, P.C By Michael,[. Flanft, Esquire - Attorney I.D, No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff (1) r ate` ?. IX! zt? 4N CZ a Cj ? . tWO"KI Of u .. J uuqueltu 'M. Verney ` , ."fN?WA",tf• • PAU_ PAlh U 0 (111);43.0110 • FAX (?17)243-1518 LAUREEN M. ULRICII, Plaintiff vs. KEITH P. ULRICH, Detendaut IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 98- ?? I z 1 i ' ;, t.L C? m IN DIVORCE DQTIC4E 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation or 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-3166 LAUREEN M. ULRICH, IN THE COURT 011 COMMON PLEAS OF Plaintiff CUMBFRI.AND COUNTY PENNSYLVANIA V. CIVIL ACTION - LAW NO, 98-ai,-I CIVIL rc.rin KEITH P. ULRICH, Defendant IN DIVORCE COMPLAINT IN DIVORCE CINDER SECTION 3301 (C) OR 3301 (D) OF THE DIVORCE CODE AND NOW comes Laureen M. Ulrich, plaintiff herein, by and through her attorney, Jacqueline M, Verney, Esquire, and represents the following: 1. Plaintiff is Laureen M. Ulrich, an adult individual, currently residing at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Keith P. Ulrich, an adult individual, currently residing at 25 Regency Woods North, Carlisle, Cumberland County, Pennsylvania, 17013 3, Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on May 22, 1993 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling, 7. This marriage is irretrievably broken, VERIFICATION I verity that the statements nude in the foregoing divorce complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C,S, Section 4404 relating to unswom falsification to authorities. _3 V? V- J, 6J pate ? LAUREEN M. ULRICH, Plaintiff IN 'I HE COUIt'I' OI COMMON PLEAS OF CUMBERLAND COIJNTY, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff CIVIL AC'T'ION - LAW V. NO, 98-2127 KEITH P. ULRICH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1. A Complaint in divorce UnderSection 3301 (c) ofthe Divorce Code was filedon April 17, 1998 . 2, The marriage ofPlaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry ofa final decree of divorce aRer 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., Section 4904 relating to unsworn falsification to authorities, Date:-4*2.___ Sworn to and subscribed before me this Jd day of /Il Y 2002. ?otar Public IN111, Afld,Ahi ,, Ibakbl111a111MT 1040 hiMnll unm,, w1µ1 Notarlal Soal Mary M. Prlce, Notary Pub11C Carl191 0 Boro, Cumbarinnd County My Commission Expire; Aug 10, 2y03 Laureen M. Ulrich, Plaintiff it T 1.Jn ) Y I 1 {. :,rte IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M, ULRICH, Plaintiff CIVIL ACTION - LAW V. NO, 98-2127 KEITH P. ULRICH, Defendant IN DIVORCE AMDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) . SS, COUNTY OF CUMBERLAND ) I. AComplaintindivorccunderSection3301(c)oftheDivorce Code was filedonApril 17, 1998 . 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the (late of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C. S„ Section 4904 relating to unsworn falsification to authorities. ?l Date;, rJ 2 02- --->°2CL- ? G / Keith P, Ulrich, Defendant Sworn to and subscribed before me this of rl c? day o f //(t )a / 2002. Notary ublie Notarial SO Mary M. Pricn, Nolary PAM ,111di; Huro Cimrbarland Cam mminsionuptranAug18,2W03 EfAV FWu,,Pa6knFnire„rce?a„ar?ol?mao.W,mdavlt amwinw1xl Co I IN THI? COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff V. KEITH P. ULRICH, Defendant CIVIL AC'T'ION •• LAW NO. 98-2127 IN DIVORCE WAIVER OF NOTICE. OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECRE UNDER 63301(C) OF,r[[E DIVORCE CODE. 1. 1 consent to the entry 01 ,11 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: 5111 OL, Laurcen M. Ulrich, Plaintiff 11 .11baf M&AFlon 11ap1(iaudu?s7iw:?l?au-I wu rocno1?Ca,.14 t ( ?. ?. ,.. ._. .. C!a a Ey . . (J I t.. t ?;q-?( Q, tS L Y'i 1:4 i err ? ' X11 ? ? _I IN THE COURTOF COMMON PLEAS Oh CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff CIVIL ACTION - LAW V. NO. 98-2127 KEITH P, ULRICH, Defendant IN DIVORCE WAIVER OF NO IC, OF IN''FNTION TO RF;UUEST ENTRY OF A DIVORCE DFCRF,E UNDER 43301(Cl OF THF, DIVORCF, 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 it 'l do not claim them before it divorce is granted, 3. 1 understand that l 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; ej z?02- .- Keith P. Ulrich, Defendant P:LLlrer FOldar\Finn W&(R11duc17002\1040. Iwolvor.nollae.wpd IN THE COURT OF COMMON PLEAS 01' CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M, ULRICH, CIVIL ACTION - LAW Plaintiff No. 98.2127 Civil V. IN DIVORCE KEITH P. ULRICH, Defendant ACCEPTANCE OF SERVICE 1, Keith P. Ulrich, the Defendant in the above captioned matter hereby accept service of the Complaint filed in the above captioned matter, Keith P, Ulrich cc Cpl Mr `?. E:- w _ ,;, ?. , ?? s : ?,- , ? , ? 1. ? . cr.' y_ :,M _? - ?, e. f f1 [I PWILIt8U1KPAi+14,6\(I6NI X1(:98\9141. I. API' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M. ULRICH, CIVIL ACTION - LAW Plaintiff No. 98-2127 Civil V. IN DIVORCE KEITH P. ULRICH, Defendant ENTRY OF APPEARANCE To Prothonotary: Please enter my appearance on behalf of the Defendant, KEITH P. ULRICH, in the above- captioned matter. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO Dated; April 27, 1998 r Michael J, Hanft , Vsqquire - Attorney ID No, 57976 10 East High Street Carlisle, PA 17013 (717)243-3341 F.4IVMUATA1R?fHNDP(YT51U•I N1 - '' CERTIFICATE OF SERVICE 1, Denise L. Nye, an authorized agent for Martson, Deardorff, Williams & Otto, hereby certify that a copy of the foregoing Entry of Appearance was served this date by depositing same In the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows; Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 MARTSON, DEARDORFF, WILLIAMS & OTTO --- Denise L. Nye Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated; April 27, 1998 FMLMNTAYU*1?01434 MP t? LL lh... U pl M ® ` h M .r ? c a v? w - l O ° o N N x'M g 5qJ ? ? Q !FJ ?? ,? IN THI COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff V. KEITH P, ULRICH, Defendant CIVIL ACTION - LAW NO, 98.2127 IN DIVORCE AFFIDAVIT OF CO SENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I. AComplaintindivoreeundcrSection3301(c)oftheDivorceCodcwasfiledonApril 17, 1998 , 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninctydays have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry or a final decree of divorce after service of notice of intention to request entry of the decree, I verify that the statements madc in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to answorn falsification to authorities. Date:_YAI"-__- Sworn to and subscr'bed before me this rQ?h dayof /4 2002 Notary Public - F1Uwr Fo4kdF.... 1 [XK1' knd,,,OW2 O40- 1a11diviitnnun1 wpl Laurcen M. Ulrich, Plaintiff Naariul Seal Denise L, Nyc, Notary Public South Middleton 7Wp., Cumberland County My Commission Expires Peb. 26, 2003 MerMer, PennsyptuNaAvaodatbnolNOferbe i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff CIVIL ACTION - LAW V. NO. 98.2127 KECFLI P. ULRICH, Defendant IN DIVORCE: AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ) A Complaint in divorce under Section 3301(c) of the Divot-cc Code was filed on April 17, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 1 verify that the statements made in this affidavit are true and correct. ? understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: Q2+ _._ Sworn to and subscr eat before me this (1? day of OIL( 2002. q14 L Notary Public Keith P. Ulrich, Defendant Nowlat Seat Denise L. Nye, Notary Public South Middleton 9Wp„ Cumberland County mission Expires Feb. 26, 2005 Com ktmtw,Fent mime eockbataNotenae p W, , I'o1JaAFim, JNw,1 I ,,&CA:o621040.WI id.11 I.owun1 WI-1 .; , 1 t i.?? I 1 ? M (y ' t /: I ? ??? r ? i.. ? ?f?I F ?l? ? ' tNl h ? r 1 ? . , C? ?? r.. - .. _ _ 1 .. fyG I ? L yr• /? O r o o?o? rC?/le'/S r//olheor C /? /x e 19 d?! 'f'o'g/ ? ?rf/o CVO, cV// or? e of? erg/ sfa oe '?o f e',fsc C, Q (,f?or?fi h?re'i f?fh?'fi 0 ((nC?t,h? or? o'aecr?i ?LO?b nr f`lvo d f`, f/ sef?ff orn?f q 0I •A art rr,?o y/I?r °r0os rc ,/ i C co C(/ op S rroO! ?y?f/ by// Qy'? /' ,10 fe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,LAUREEN M. ULRICH, Plaintiff CIVIL ACTION - LAW V, NO, 98-2127 KLITH P. ULRICH, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUFST ENTRI OF A DIVORCE DECREE' UNDER §3301 (C) OF THE DIVORCE CODE L 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 ahem 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. 1 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. Date: ?? ?' OZ• eith P. Ulrich, Defendant N%111er Fulddffflm lNp¢IeW,101M 1040- I w4hor. oullco wpl " 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH P. ULRICH, Petitioner CIVIL ACTION - LAW V. NO. 98-2127 LAUREEN M. ULRICH, Respondent IN DIVORCE AND NOW, this day of 2002, upon consideration of the atlached Petition to Re-Open, it is hereby ORDERED that the Complaint in Divorce docketed at number 1998-2127 be re-opened, BY THE ((1t IRD -b ?F' I I IN THE COURT OF COMMON PLEAS OIL CUMBERLAND COUNTY, PENNSYLVANIA KEI'T'H P. ULRICH, Petitioner CIVIL ACTION - LAW V. NO. 98-2127 LAUREEN M. ULRICH, Respondent IN DIVORCE PETITION TO RE-OPEN AND NOW, this 7th day of May, 2002, conic both Petitioner, Keith P. Ulrich, and Respondent, Laureen M. Ulrich, by and through Petitioner's attorneys, Hanft & Knight, P.C., and file the following Petition to Re-open, and in support thereof aver as follows: I, Petitioner, Keith P. Ulrich, is an adult individual residing at 25 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013 2. Respondent, Laureen M, Uh ich, is an adult individual residing at 19 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about April 17, 1998, Respondent filed a Complaint in Divorce Under Section 3301(c) or 3301(d) of the Divorce Code. A copy of the Complaint in Divorce is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. 4. On or about December 12, 2001, the above-captioned mutter was purged by the Court. 5. Respondent is no longer represented by Jacqueline Verney, Esquire, nor is she represented by any other counsel. 6, Both Petitioner and Respondent proceeded with the divorce action under the misconception that the original Divorce Complaint was still active. 7. On or about April 12, 2002, counsel f'or Petitioner filed the Affidavits of Consent and Waivers of Notice of Intention to Request Entry of it Divot-cc Decree Under Section 3301(c) of the Divorce Code for both Petitioner and Respondent. Copies of the Affidavits of Consent and Waivers of Notice of Intention to Request Entry of it Divorce Decree Under Section 3301(c) of the Divorce Code are attached hereto as Exhibit" B" and by reference incorporated herein and made a part hereof. 8. The Cumberland County Prothonotary's Office accepted the Affidavits of Consent and Waivers of Notice of Intention. 9. At no time was counsel for Petitioner informed by the Cumberland County Prothonotary's Office that this matter had been purged. 10. Both Petitioner and Respondent wish to finalize their Divorce and to that end, Respondent joins in this Petition to Re-Open. WHEREFORE, both Petitioner and Respondent request this Honorable Court to Re-open the above-captioned matter so that a final Decree in Divorce can be entered, Respectfully submitted, HANFT & KNIGHT, P.C. Cis cl J, fl, E lire Attor rney LU. No. 57976 Lindsay Gingrich Maclay, Esquire Attorney I.D. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Petitioner Fdlher YoAkr\l'inn lhw,\[hn?Mrt,]W]11MO. Ipellliennu,gn wyJ yl jtiFrCAT 1, Keith 11, Ulrich, verify that the statements set forth in the attached Petition to Re-Open are true and correct to the best of my knowledge, information and belief, 1 understand that false statemerds hcrcin are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities, zd Keith P. Ulrich YERMCADON 1, Laureen M. Ulrich, verify that the statements sot forth in the attached Petition to Re. Open are true and correct to the best of my knowledge, information and belief 1 understand that false statements herein are made subject to the Penalties of 18 Pa. Section 4904 relating to unswom falsification to authorities, Laureen M, Ulrich LAUREEN M. ULRICH, Plaintiff vs. KEITH P. ULRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION • LAW : NO.98 cal f IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have boon sued in Court. If you wish to defend agamst 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation or 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-3166 TRUE COPY FROM RECORD in TestlmonY vihereot, I here unto set rnY hand and tho seal at Bald Col at Carlisle. Pa. ThISS.,/'7!' -day ° ' Prothonotary LAUREEN M. ULRICH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. CIVIL ACTION - LAW NO, 98- CIVIL KEITH P. ULRICH, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW comes Laureen M. Ulrich, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: 1. Plaintiff is Laureen M. Ulrich, an adult individual, currently residing at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Keith P. Ulrich, an adult individual, currently residing at 2.5 Regency Woods North, Carlisle, Cumberland County, Pennsylvania, 17013 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on May 22, 1993 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. This marriage is Irretrievably broken. WHEREFORE, Piaintiffprays Your Honorable Court enter a decree in divorce. ?vlwowels _ totb06o* ° •t0 ?bj°? ?ma LW ?a one. 60 V,S• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff CIVIL ACTION - LAW `i v, NO. 98.2127 It KEITH P. ULRICH, 1 r. Defendant IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. 1. AComplaint in divorce underSeclion3301(c)oftheDivorce Code was filedoil April 17, 1998 . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S„ Section 4904 relating to unsworn falsification to authorities. Date:4qp?___ Sworn to and subscribed before me this ?Q N1 day' oef e4 2002 Notary Public F W141 Fu44nFinn Ihxf!CendocAWA1010"Igr u,j. mmenl apt Laurcen M. Ulrich, Plaintiff Notarial Seyj Denise L. Nye, Notary public [yu thMlddletnn Tvp., Cumberland County Commission Expires Feb. 26, 2003 ManlDar, penr?sylvarNa 0.+socralWn M NtHatlea IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff CIVIL ACTION - LAW V, NO. 9$2127 KEITH P, ULRICH , Defendant IN DIVORCE £, : rot C AFFIDAVIT OF CONSFNT COMMONWEALTH OF PENNSYLVANIA '-- SS. COUNTY OF CUMBERLAND I. AComplaint in divorce underSection3301(c)oftheDivorce Codewasfiledoil April 17, 1995 . 2• The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the (late of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce attar service of notice of intention to request entry of the decree. I verify that the statements rnade in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties off S Pa, C. S., Section 4904 relating to unsworn falsification to authorities, Date: Sworn to and subscribed before me this 114,h day of rte, 2002. Notary Public Keith P. Ulrich, Defendant Notarial Seal Denise L. Nye. Notary Public South Middleton Tp., Cambedsnd County My Commission Expires Fab. 26, 2tp3 MOW. PalneylvanieAaa"tlonof Notedes r,lha PoW411inn 11nPQenJnn:00]4040.I.1111d NI a ,.,j wlel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff 0 r; i CIVIL ACTION - LAW c- n, . v. NO, 98•2127 ??c w KEITH P, ULRICII Defendant IN DIVORCE WAIVER OF NO"I ICE Oh IN'TENT'ION TO RE FST ENTRY-`I OF A DIVORCE DECREF. UNDER &3 I 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 herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date; 1110 102. A. WA?A Laureen M, Ulrich, Plaintiff F IU11t UdynPfm, W00ce 11200]11040.1 caj,gt..,cc.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff CIVIL ACTION - LAW v. NO. 98-2127 ii KEITH P. ULRICH, Defendant IN DIVORCE WAIVER OF NOTICE OF IN'I b:N'1'ION TO REQUEST ENTRY OF A DIVORCE DECREE. UNDER §3301((:) OF'F'HE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that 1 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; Keith P. Ulrich, Defendant P1U,er FnIJOdPIpn I]UGP01nJnp;OUIV?NUdw?iracnoliGa wµi ,. '•?} A '?. "?? ( , 1 ( i 1 ' , ?- 1.) J ;? ? - ?. ' I ". ,. .. .... rv K 'e r ?, N? v O :' _ C C: J i ?.: °. L L q - ? T y r y,i 1 f o 0 T ? - n t F' rv Y ' u ??? 1 % Imo. 1 .. G• M' ? M :; in i c ' ? rv m. s r. a ? LAUREEN M. ULRICH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : 98-2127 CIVIL ACTION LAW KEITH P. ULRICH, Defendant/Petitioner : IN DIVORCE PETITION FOR CIVII. CONTEMPT FOR DISOBEDIENCE OF COURT ORDER AND REQUEST FOR ATTORNEY'S FEES vla AND NOW, this 2-7-" day of July, 2009, comes Petitioner, Keith P. Ulrich, by and through his attorney, Wendy J. F. Grella, Esquire, and respectfully avers the following: 1. Your Petitioner is the above-named Defendant, Keith P. Ulrich, an adult individual currently residing at 25 Regency Woods North, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Plaintiff, Laureen M. Ulrich, an adult individual currently residing at 70 Barre Drive, Lancaster, Lancaster County, Pennsylvania. 3. The parties are the natural parents of two (2) children, namely, Chad C. Ulrich, born October 17, 1990, and Chelsea M. Ulrich, born August 12, 1994. 4. The parties are subject to a Marriage Settlement Agreement entered into on or about April 11, 2002 and which was filed on May 15, 2002 with the Cumberland County Prothonotary's Office. A copy of said Agreement is attached hereto and incorporated herein by reference as Exhibit "A." 5. Paragraph 6.2 on page 12 of the Agreement states the following, "Beginning with the tax year that ends December 31, 2002, the Parties hereby agree that for Income Tax purposes, Husband shall claim Chelsea as a dependant." 6. It has come to Petitioner's attention that Respondent claimed Chelsea as a dependant on her 2008 tax return in direct violation of the above provision of the Agreement. 7. Undersigned counsel has attempted to amicably resolve this matter by contacting Douglas Miller, Esquire, counsel for Respondent via two (2) separate letters dated March 6, 2009 and April 6, 2009. A copy of each letter is attached hereto and incorporated herein by reference as Exhibit "B" and Exhibit "C." 8. Attorney Miller sent counsel a response dated March 10, 2009 which confirms that Ms. Ulrich has been claiming Chelsea on her return and that this practice has been ongoing for several years. A copy of said letter is attached hereto and incorporated herein by reference as Exhibit "D." 9. Mr. Ulrich disputes the responses contained in Attorney Miller's letter and indicates he only become aware of the problem after filing his 2008 tax return. 10. Interestingly, Attorney Miller submits the reason Respondent claimed Chelsea as a dependent is because the parties' minor son Chad began to reside primarily with Mr. Ulrich however, this argument does not have merit as we would note for the record that Petitioner began exercising primary physical custody of Chad in approximately August, 2004, a substantial time prior to Ms. Ulrich claiming Chelsea as a dependent. 11. At no time has Ms. Ulrich or her counsel filed either an Amended Marriage Settlement Agreement or Motioned this Honorable Court to Modify the existing Agreement. 12. It is respectfully submitted Respondent has willfully failed to abide by the Agreement as stated above. 13. Petitioner alleges this is not the first time Respondent has failed to abide by a Court Order in that on or about September 5, 2008, Petitioner filed a Petition for Civil Contempt for Disobedience of Court Orders and Request for Attorney's Fees at the parties' Custody Action (See docket 98-2118). 14. It is assumed, based on the above response received from Attorney Miller, that the parties cannot amicably resolve this matter and that court intervention is necessary. 15. Further, it is assumed Respondent and her counsel do not concur in this request for contempt. 16. Counsel for Respondent, Douglas Miller, Esquire, has been provided with a copy of this Petition by facsimile correspondence prior to filing. WHEREFORE, Petitioner respectfully requests Your Honorable Court: (1) hold Respondent, Laureen M. Ulrich, in contempt of Court; (2) Order that Ms. Ulrich either file an amended tax return and/or reimburse Mr. Ulrich the monies he would be entitled to in claiming Chelsea as a dependant; and (3) Order payment of Defendant/Petitioner's attorney's fees associated with this matter. Respectfully submitted, Attorney for Petiti?ine 3618 N. 6`b Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN M. ULRICH, Plaintiff V. CIVIL ACTION - LAW No. 98-2127 Civil V,00 p,1 IN DIVORCE n c-T KEITH P. ULRICH, : c Defendant ("'s"' j MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this _L144day of April, 2002, by and between LA EEN_M ULRICH a/k/a LAURIE M. ULRICH, of Carlisle, Cumberland County, Pennsylvania, Orty'a ~ the first part, hereinafter referred to as "Wife" and KEITH P. ULRICH, of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," or collectively referred to as the "Parties." WITNESSETH: WHEREAS, Husband and Wife were married on May 22, 1993 in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since December 1, 2001; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the Parties hereto which klave made them desirous of continuing to live separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital KPU ??u Page 1 of 17 LMU'! t -? rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, there were two (2) children born of the marriage: Chad C. Ulrich (hereinafter referred to as "Chad"), born October 17, 1990; and Chelsea M. Ulrich (hereinafter referred to as "Chelsea"), born August 12, 1994; or hereinafter collectively referred to as the "Children"; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the Parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the Parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto in consideration of the mutually made and to-be- kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 SI It shall be lawful for Husband and Wife at all times hereafter to live separate and apart K,°.c,? KPU IVA% Page 2 of 17 LMU ?. from each other and to reside from time to time at such place or places as they shall deem fit and free from any control, restraint, or interference, direct or indirect, by each other. Neither Party shall molest the other, or compel, or endeavor to 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 as to the lawfulness of the causes leading to them living separate and apart. ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the Parties hereto, and each of said Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action, or more particularly, action for divorce, either absolute or otherwise, upon just, legal and . proper grounds; nor will it prevent either Party from defending any such action which has been, may, or shall be instituted by the other Party, or for making any just or proper defense thereto. 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 Husband and Wife to execute this Agreement. Husband and KPU 1(?.q Page 3 of 17 LMU o ' M. U. Wife each knowingly and with full understanding, hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable, in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are, and ever shall be, estopped from asserting any illegality or unenforceability as to all, or any part, of this Agreement. 2.2 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the Parties are accepted by each party as a final settlement, or for all purposes whatsoever. Should either of the Parties obtain a decree, judgment, or order of separation or divorce in any other state, county, or jurisdiction, each of the Parties to this Agreement hereby consents and agrees that this Agreement, and all its covenants, shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof, shall alter, amend, or vary any term of this Agreement, whether or not either or both of the Parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if, or whenever sought by any of the Parties hereto. It is understood by the Parties that a Divorce Complaint has been filed in the Court of Common Pleas h of Cumberland County, Pennsylvania at docket number 98-2127 Civil Term. Such KPU •y Page 4 of 17 LMU Z' M - ti - incorporation, however, shall not be regarded as a merger, it being the intent of the Parties to permit the Agreement to survive any such agreements. ARTICLE III: EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The Parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the Parties (if any); the age, health, station, amount and sources of income, vocational skills, employability, estate liabilities, and need for each of the Parties; the contribution of one Party to the education, training, or increased earning power of the other Party; the opportunity of each Party for future acquisition of capital assets and income; the sources of income of both Parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each Party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a Party as a homemaker; the value of the property set apart to each Party; the standard of living of the Parties established during their marriage. 3.2 The Parties shall retain sole and exclusive right, title, and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in KPU KfOY Page 5 of 17 LMU /. M • U Husband's possession. Should it be necessary for either Party to execute any documents to convey title to any such personal property in the other Party's possession, they shall do so within thirty (30) days of the execution of this Agreement, or within thirty (30) days of a request to do so from the opposing Party. A. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights she may have to, and make no claim whatsoever in, any and all of the Parties joint checking and/or savings account(s). Within thirty (30) days of execution of said Agreement, Wife shall sign any documents needed by Husband to effectuate such transfer. B. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights and/or liabilities she may have to, and make no claim whatsoever in, any and all of the Parties joint credit card(s). Within thirty (30) days of execution of said Agreement, Wife shall sign any documents needed to effectuate such transfer. C. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights whatsoever in any stocks or securities currently held by Husband, and within thirty (30) days of execution of said Agreement, Wife shall sign any and all documents needed or requested by Husband to effectuate same. D. Husband agrees to pay to Wife a sum of Three Thousand ($3,000) Dollars to compensate Wife for her interest in the items referenced in this Section and in the marital property. Husband shall pay this Three Thousand ($3,000) Dollars to Wife via Seventy-Five ($75.00) Dollar per-month installments from September 2002 until December 2005, or until the Three Thousand ($3,000) Dollars in paid in full. KPU ??? U Page 6 of 17 LMU /M d E. Wife acknowledges that said Three Thousand ($3,000) Dollars is a fair and equitable amount for her interest in the items referenced in this Section and that said amount was negotiated after Wife had an opportunity to review this Agreement and seek independent counsel. 3.3 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan, IRA's, or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan, IRA's, or related matters. A. Husband hereby agrees to the entry of a Qualified Domestic Relations Order, or any other document requested by Wife, whereby Wife is entitled to Fifty (50%) Percent of Husband's employment benefits from May 22, 1993 through the entry of the final Decree in Divorce, including any retirement plan, stock option purchase plan, profit sharing plan, or related matters, 401(k), or Employee Pension Plan, that Husband may have through United Parcel Service as of the date of this Agreement. 3.4 Except as provided herein, Husband and Wife agree to waive and relinquish any and all rights that he or she may now have, or hereafter acquire, in any real or tangible personal property subsequently acquired by the other Party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. A. Contemporaneously with the execution of this Agreement, Wife shall transfer to KPU 1(90!-4 Page 7 of 17 LMU • u Husband via Quit Claim Deed, any and all of Wife's right, title, and interest in, and to, that certain parcel of real estate located in Cumberland County, Pennsylvania, known and numbered as 25 Regency Woods North, Carlisle, Pennsylvania, heretofore owned by Husband and Wife as tenants by the entireties. Said transfer is subject to those liens, judgments, or mortgages of record as of the date of conveyance, all of which shall thereafter become the sole and exclusive obligation of Husband. Within one (1) year of the date of this Agreement, Husband shall payoff and/or refinance any and all mortgages and notes secured by said property to remove Wife's name from said mortgage(s) and note(s). As of the date of this Agreement, Husband shall indemnify and hold Wife harmless from any and all claims for payment of any mortgage(s), note(s), or loan(s) secured by said property. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided for herein, after having an opportunity to review this Agreement and seek independent counsel, Husband and Wife do hereby waive, release, and give up any and all rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. ti A. Contemporaneously with the execution of this Agreement, Husband agrees to pay KPU KA'O Page 8 of 17 LMT J 01', M • u-, to Wife the sum of Six Hundred ($600) Dollars per year for three (3) consecutive years, or a total of Eighteen Hundred ($1,800) Dollars, for her schooling. Said amount shall not be wage- attached through the Domestic Relations Office. 4.2 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 4.3 Husband and Wife specifically waive, release, and give up any rights for alimony to which they may be entitled pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each Party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the Parties; that since separation, neither Party has contracted for any debts for which the other will be responsible; and each Party indemnifies and holds harmless, the other for all obligations separately incurred or assumed under this Agreement. 5.2 In the event either Party contracted for or incurred any debts since the date of separation, KPU ?? ! w Page 9 of 17 LN TJ the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife, which were incurred prior to the signing of this Agreement. 5.3 It is the intention of the Parties that the 1993 Dodge Caravan Mini-Van, vehicle identification number 1B4GH54R8PX558447, and the 1994 f-150 Ford Pickup Truck, vehicle identification number 2FTEF14YXRCA26279, shall remain titled to Husband until such time as Husband pays off current Mini-Van loan. Once said loan on the above-referenced mini-van is paid in full by Husband, Husband and Wife shall, within thirty (30) days of the date of payoff, execute any and all necessary documents to have the above-referenced Mini-Van transferred and registered with the Pennsylvania Department of Transportation, in Wife's name only. It is the intention of the Parties that when said Mini-Van is titled solely to Wife, Husband will cancel the insurance on said vehicle and Wife will therefore be responsible for acquiring and upkeep of insurance on same. ARTICLE VI: SUPPORT OF CHILDREN 6.1 Husband and Wife acknowledge their obligation to contribute to the support of their minor Children. A. Please see Agreement attached hereto as Exhibit "A" and incorporated herein by KPU _ ? Page 10 of 17 LMU 1 U - reference. B. The Parties' monthly child support obligation will be calculated using the then- current net incomes of Husband and Wife to determine the child support obligation. The child support obligation will be determined by using the Child Support Guidelines for the Commonwealth of Pennsylvania in effect at that time. The Parties hereby agree that the provisions concerning child support may be entered as a Support Order in the Court of Common Pleas of Cumberland County, or in such other appropriate court. C. Should either Party have to make child support payments, the Parties agree that any and all child support payments shall be made every Friday. For the purposes of this Agreement, payments shall be deemed "made" if they are personally delivered or placed in the United States, First Class Mail, Postage Pre-paid, by Friday. . D. Child support shall continue for the Children until said Children reach eighteen (18) years of age, or graduate from High School, whichever occurs first. E. The Parties hereby agree that as long as there is no cost involved, Husband shall continue to carry the Children on his health insurance coverage as long as the Children are eligible for said coverage. If and when health insurance becomes an out of pocket expense for either Party, the Parties will share equally, the costs of providing the Children with coverage similar to what they currently have as of the date of this Agreement. F. The Parties hereby agree that Husband and Wife will share responsibility for any unreimbursed medical expenses incurred for the care of Chad and Chelsea pursuant to Exhibit KPU 1 * . it Page 11 of 17 LMU 6.2 Beginning with the tax year that ends December 31, 2002, the Parties hereby agree that for Income Tax purposes, Husband shall claim Chelsea as a dependant. ARTICLE VII: MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have had the opportunity to retain independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, or the parties have voluntarily waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice, and with such knowledge that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. 7.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any legal right, title, and interest, or claims in, or against the property of the other, or against the estate of the 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 4 thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such KPU ?/d U Page 12 of 17 LMU/M,41. other as by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania; (b) any state, commonwealth, or territory of the United States; or (c) any other country, or any rights which either Party may have or at any time hereafter, have, for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising, or which may arise, under this Agreement, or for the breach of any obligation thereunder. It is the intention of Husband and Wife to give to each other by execution of this Agreement, a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except, and only except, all rights, agreements, and obligations of whatsoever nature arising from, or which may arise under this Agreement, or for the breach of any thereof. 7.3 Each Party represents that since separation, they have not heretofore incurred or contracted for any debt, liability, or obligation for which the estate of the other Party may be responsible or liable, except as may be provided for in this Agreement. Each Party agrees to indemnify and hold the other Party harmless from and against any and all such debts, liabilities, or obligations of each of them, including those for necessities, except for the obligations arising 1 KPU I . Page 13 of 17 LM U -! "'?. out of this Agreement. Husband and Wife each warrant, covenant, represent, and agree that each will now, and all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 7.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties hereto, and no waiver of any breach hereof, or default hereunder, shall be deemed a waiver of any subsequent default of the same, or similar nature. 7.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 7.6 This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7.7 This Agreement constitutes the entire understanding of the Parties hereto and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, clause, section, 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 KPU I C - " Page 14 of 17 LMLJ /01, t/ provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any Party to meet his or her obligation under any one or more of the Articles and Sections herein, shall in no way void or alter the remaining obligations of the Parties. 7.9 The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each Party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of marital property for inadequate consideration, without the prior consent of the other Party. Each Party further warrants, represents, and declares that each is, and has been, fully and completely informed of, is familiar with, and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other Party, and that each has made a full and complete disclosure to the other of the extent of his or her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by, or on behalf of, either or both Parties during marriage. KPU v1 Page 15 of 17 LAN /` Al -'k - 7.10 In the event that either Party to this Agreement shall breach any term, covenant, or other obligation herein, the non-breaching Party shall be entitled to, in addition to all other remedies available at law or in equity, recover from the breaching Party all costs of which the non- breaching Party may incur, including, but not limited to, filing fees and attorney's fees in any action or proceeding to enforce the terms of this Agreement. 7.11 This Agreement shall survive any action for divorce and Decree of Divorce, and shall forever be binding and conclusive on the Parties; and any independent action may be brought, either at law, or in equity, to enforce the terms of this Agreement by either Husband or Wife until said terms shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the Parties hereto, and the covenants and agreements of each of the Parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the Parties hereto, and the Parties intend to be legally bound hereby. 7.12 Should either Party file for Divorce, the Parties both agree to cooperate with each other in obtaining a final divorce decree terminating the marriage. It is agreed that the Parties will execute and file the consents necessary to obtain the divorce. Any Party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the Party who is seeking the divorce. KPU 1 (?Y Page 16 of 17 LMU /,oil, 4( 7.13 The Parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. It is specifically agreed that Hanft & Knight, P.C., and their attorneys represent Husband and have given Wife no legal advice regarding divorce, custody, support, or this Agreement. Wife has had an opportunity to have this Agreement reviewed by her attorney. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first written, above. WITNESSED BY: . Q.G? A. Jj AA Laurie M. Ulrich Keith Ulrich FAUser Folder\Firm Docs\Gendocs2002\1040-I.MSA.wpd KPU ??`? Page 17 of 17 LMU Ay) ) • u Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE M. ULRICH, Plaintiff CIVIL ACTION - LAW V. IN SUPPORT NO. 00297 S 1998 KEITH P. ULRICH, Defendant AGREEMENT THIS AGREEMENT, made this 6th day of February, 2002, by and between Keith P. Ulrich, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and Laureen M. Ulrich, a/k/a Laurie M. Ulrich, of Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on May 22, 1993, in Cumberland County, Pennsylvania; and WHEREAS, there were two (2) children born of the marriage; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their child support and marital support rights and obligations; and Page 1 of 6 WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle only the following financial and property rights between them; and NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: Husband agrees to pay to Wife Two Hundred ($200.00) Dollars per week in child support for two (2) children and said amount can be wage-attached through the Domestic Relations Office. The effective date of this provision is the date of this Agreement. Either party can petition the Court for modification as a result of changed circumstances. 2. The Parties agree to an arrearage amount of Six Hundred ($600.00) as of the date of this Agreement. Husband agrees to pay Wife Ten ($10.00) Dollars per week for sixty (60) weeks to cover his Six Hundred ($600.00) arrearage. Said amount can be wage-attached through the Domestic Relations Office. 3. Husband agrees to continue to pay the current monthly payment for the mini-van in Wife's possession, which vehicle is currently titled in Husband's name, until said mini-van loan is paid in full. 4. If Husband can do so through his insurance, Husband agrees to keep Wife on his auto insurance and to pay the monthly premium for said auto insurance until the debt on the mini-van is paid in full. Page 2 of 6 5. Once the loan for the mini-van is paid off, Wife agrees that Husband shall drop her from his auto insurance. Both Husband and Wife agree to sign and effectuate any and all documents to make this change possible within five (5) days of being requested to do so by the opposing party. 6. Once the loan for the mini-van is paid off, Husband shall transfer title of said mini-van to Wife's name only. Husband and Wife agree to sign and effectuate any and all documents to make this change of title possible within five (5) days of being requested to do so by the opposing party. 7. Husband agrees to pay to Wife the sum of Six Hundred ($600.00) per year for three (3) consecutive years, or a total of Eighteen Hundred ($1,800.00) Dollars, for her schooling. Said amount shall not be wage-attached through the Domestic Relations Office. 8. Wife specifically agrees to waive any and all rights she may have to Spousal Support, Alimony Pendente Lite, and/or Alimony, as defined in the Pennsylvania Domestic Relations Code. 9. It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce or support judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County at Docket Number 98 - 2127. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. 6 10. The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves Page 3 of 6 sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. 11. The Parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. It is specifically agrees that Hanft & Knight, P.C., and their attorneys represent Husband and have given Wife no legal advice. Wife has had an opportunity to have this Agreement reviewed by her attorney. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 12. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 14. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. Page 4 of 6 16. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 17. In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non- breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 18. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 19. The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any Page 5 of 6 nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure tot he other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: Keith P. Ulrich Ix - -4-- 0 Laureen M. Ulrich FAUser Folder\Fum Docs\Gcndocs2002\1040-I.support.agree.wpd Page 6 of 6 EXHIBIT "B" Wendy J. F. Grella Attorney at Law Phone: (717) 234-6001 3618 North 6th Street Fax: (717)234-6050 P.O. Box 5292 Harrisburg, PA 17110 Douglas Miller, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Re: Ulrich v. Ulrich Dear Attorney Miller: March 6, 2009 VIA FACSIMILE AND REGULAR M, (717) 249-6354 An issue has arisen regarding the Marital Settlement Agreement involving the above-named parties. As you may know, paragraph 6.2 on page 12 of the Agreement states, "Beginning with the tax year that ends December 31, 2002, the Parties hereby agree that for Income Tax purposes, Husband shall claim Chelsea, as a dependant." It has come to my attention that Ms. Ulrich may have claimed Chelsea on her prior tax returns including her 2007 and 2008 tax returns. If Ms. Ulrich has done such, this would be in direct violation of the Agreement and Court Order. 1 am requesting you contact your client and advise me whether or not she has claimed Chelsea on any of her tax returns. If she has, please advise whether or not Ms. Ulrich is willing to file an amended tax return and/or whether or not she is willing to reimburse Mr. Ulrich for the monies he would be entitled to in claiming Chelsea as a dependent. Thank you for your attention and anticipated cooperation. I look forward to hearing from you in the near future. Very truly yours, 1' t ?^ ?. Wendy J. F. cc: K. Ulrich EXHIBIT "C" WENDY J. F. GRELLA Attorney at Law Phone: (717) 2346001 Fax: (717) 234-6050 3618 North 6 h Street P.O. Box 5292 Harrisburg, PA 17110 Douglas Miller, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Re: Ulrich v. Ulrich Dear Attorney Miller: April 6, 2009 VIA FACSIMILE AND REGULARIPAIL (717) 249-6354 I received your response letter dated March 10, 2009. We disagree with the allegations in your letter and believe the Marital Settlement Agreement paragraph 6.2 on page 12 is clear in its intent in permitting Mr. Ulrich to claim Chelsea as a dependant on his tax return. If your client wanted to modify the existing Agreement she should have sought court action prior to taking matters into her own hands. Further, it is my understanding that my client only recently became aware of the fact your client claimed Chelsea on her tax return thus, that is why we inquired whether or not your client claimed Chelsea on any of her prior tax returns including the 2007 and 2008 returns. Again, we are requesting your client immediately file an amended tax return and allow Mr. Ulrich to claim Chelsea on his 2008 federal tax return or that your client immediately reimburse Mr. Ulrich for the monies he would be entitled to in claiming Chelsea as a dependent. As time is of the essence and Mr. Ulrich's tax return is due by April 15, 2009, we are requesting an answer to this matter by Friday, April 10, 2009, or else we will have no other recourse but to file a second Petition for Civil Contempt for disobedience of the Court Order and again, request attorney's fees. Thank you for your attention and anticipated cooperation. I look forward to hearing from you by Friday. Very truly yours, ? ^?q 1 Yl Wendy J. F. Grelia % f cc: K. Ulrich EXHIBIT "D" LAW OFFICES .-R-WIN & MCIQVI GHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B.IRWIN CARLISLE, PENNSYLVANIA 17013-3222 MARCUS A. McKNIGHT, III DOUGLAS G. MILLER (717) 249-2353 STEPHENL. BLOOM FAX (717) 249-6354 MATTHEW A. MCKNIGIIT WWW.IRWINMCKNIGHT.COM March 10, 2009 WENDY J. F. GRELLA, ESQUIRE 3618 NORTH 6TH STREET P.O. BOX 5292 HARRISBURG, PA 17110 RE: ULRICH (BALTAEFF) v. ULRICH Dear Attorney Grella: HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT& HUGHES (1994-2003) IRWIN & McKNIGHT (2003- ) I received your correspondence dated March 6, 2009, with regard to the claiming of Chelsea for income tax purposes. While it appears that you have correctly quoted a portion of the parties' Marriage Settlement Agreement, at the time both children were residing with my client. The purpose of the language in the Marriage Settlement Agreement was in part to confirm that each party was claiming one child. The parties subsequently agreed that Chad would reside primarily with Mr. Ulrich, and he began claiming Chad for income tax purposes every year subsequent to that change. Accordingly, my client has been claiming Chelsea as that is the child continuing to reside with her. This practice has been ongoing for several years, so I do not understand why Mr. Ulrich has waited until this year for you to send a letter. Furthermore, it is my understanding that it has been years since any formal modification hearing has been held with regard to child support. The parties have simply agreed to modify the child support on their own. For these reasons, I do not agree that Mrs. Baltaeff is in direct violation of the Court Order. Ill the GvGnt yogi llave any additional q lestibns or concerns, please feel free 'LO contact me directly. Very truly yours, IRWIN & McLK,NIGHT-ZV4A Dou as G. Miller DGM:tds cc: Mrs. Laureen Baltaeff (w/ enclosures) VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: ! d Qi - KEITH P. ULRICH, Petitioner CERTIFICATE OF SERVICE Z J. AND NOW, this of July, 2009, I, Wendy J. F. Grella, Esquire hereby Z day certify that I have served the within document upon the person(s) and in the manner indicated below: Service via Facsimile and regular mail Douglas Miller, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Fax: (717) 249-6354 OF THE 7' nY 2Cpull 9 u rL 23 e2* i yak - Ir.7Txi JUL. 78 2009 ? LAUREEN M. ULRICH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : 98-2127 CIVIL ACTION LAW KEITH P. ULRICH, Defendant/Petitioner : IN DIVORCE NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on 19 001 at 3: 3 y o'clock, 4- .m., in Courtroom No. Z Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order, you may be found to be in contempt of court and committed to jail, fined or both. 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 Two Liberty Avenue Carlisle, Pennnsylvania 17013 (717) 249-316 W BY J. DATE: VAA 2S AW,, FILEL) ?r THE ") c!` Y 2OQ9 JUL 27 Pll I' I la LAUREEN M. ULRICH, PLAI NTI FF/RESPON DENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH P. ULRICH, DEFENDANT/PETITIONER 98-2127 CIVIL TERM ORDER OF COURT AND NOW, this I ID day of August, 2009, the hearing currently scheduled for August 19, 2009, is cancelled and rescheduled to commence at 1:30 p.m., Tuesday, September 15, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Co t -` Dou9las Miller Esquire For Plaintiff/Respondent ?Wendy J.F. Grella, Esquire For Defend ant/Petitioner Edgar B. Bayley, J. :sal t'ES ma ?L R. L , u F 7-11 2'N9 AUG ? a ? . LAUREEN M. ULRICH, PLAINTIFF/RESPONDENT V. KEITH P. ULRICH, DEFENDANT/PETITIONER AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 98-2127 CIVIL TERM IN RE: PETITION FOR CIVIL CONTEMPT ? //B?ORDER OF COURT /ZrAAA day of September, 2009, the petition to hold Laureen M. Baltaeff in contempt, IS DISMISSED. The request of Keith P. Ulrich for further relief, IS DENIED. ? Douglas Miller, Esquire For Plaintiff/Respondent ?Wendy J.F. Grella, Esquire For Defend ant/Petitioner sal lop 1'@.S rAa LLL By a Court, t Edgar B. Bayley, J LAUREEN M. ULRICH, PLAINTIFF/RESPONDENT V. KEITH P. ULRICH, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 98-2127 CIVIL TERM IN RE: PETITION FOR CIVIL CONTEMPT OPINION AND ORDER OF COURT Bayley, J., September 22, 2009:-- Laureen M. Ulrich, now Baltaeff, and Keith P. Ulrich, were divorced on May 11, 2002. They have two children, Chad and Chelsea. They entered into a written Marital Settlement Agreement on April 11, 2002, at a time when both children were in the primary custody of wife. Husband agreed to pay wife $200 per week in child support for the two children to be wage attached through the Domestic Relations Office. The Agreement provided: "Child support shall continue for the Children until the Children reach eighteen (18) years of age, or graduate from High School, which ever occurs first." The Agreement further provided: "Beginning with the tax year that ends December 31, 2002, the Parties hereby agree that for Income Tax purposes, Husband shall claim Chelsea as a dependent."' In the beginning of September, 2004, by agreement of the parents, Chad began living with his father. Chad has remained in his primary physical custody and Chelsea has always ' On January 29, 2004, husband and wife entered into a written modification of the Marital Settlement Agreement in which she allowed him, in exchange for some money, to claim Chad as a dependent for the tax year 2003. They did the same thing for tax year 2004. They did the same thing for the 2005 tax year under a verbal modification. 98-2127 CIVIL TERM remained in the primary physical custody of her mother. In 2006, the first year in which the father had primary physical custody of Chad for the entire year, and for each tax year thereafter, he has claimed Chad as a dependent on his income tax returns. Starting in 2006, wife claimed Chelsea as a dependent on her income tax return, and has continued to do that for the tax years 2007 and 2008. Husband testified that he has claimed Chelsea as a dependent in each tax year since the parties entered into their Marital Settlement Agreement. However, for the tax year 2008, he was notified by the IRS that he could not claim Chelsea as a dependent because wife already filed her tax return and claimed her. He then filed this petition to hold wife in contempt, order her either to file an amended tax return and/or reimburse him in the amount of the additional tax he had to pay, $1,525, and pay his counsel fees. Wife maintains that considering their entire Marital Settlement Agreement, the intent of the parties at a time when she had primary physical custody of Chad and Chelsea and was legally entitled to claim both of them as dependents on her income tax return, was to allow husband to claim one of them. The fact that Chelsea was named instead of Chad was incidental. When the primary physical custody of Chad changed and husband became legally entitled to declare him as a dependent on his income tax return, as contrasted to her being legally entitled to declare both children as a dependent on her tax return, that negated allowing him to claim the remaining child in her primary physical custody as a dependent. In Hart v. Arnold, 884 A.2d 316 (Pa. Super. 2005), the Superior Court of Pennsylvania stated: -2- 98-2127 CIVIL TERM The fundamental rule in interpreting the meaning of a contract is to ascertain and give effect to the intent of the contracting parties. The intent of the parties to a written agreement is to be regarded as being embodied in the writing itself. The whole instrument must be taken together in arriving at contractual intent. Courts do not assume that a contract's language was chosen carelessly, nor do they assume that the parties were ignorant of the meaning of the language they employed. When a writing is clear and unequivocal, its meaning must be determined by its contents alone. Murphy v. Duquesne University Of The Holy Ghost, 565 Pa. 571, 591, 777 A.2d 418, 429 (2001) (internal citations and quotation marks omitted). "In ascertaining the intent of the parties to a contract, it is their outward and objective manifestations of assent, as opposed to their undisclosed and subjective intentions, that matter." Espenshade v. Espenshade, 729 A.2d 1239, 1243 (Pa.Super. 1999). Further, "specific, express written language is not necessary for a particular contractual intent to exist in an agreement. Rather, it is common for the intent of contracting parties to be inherent in the totality of their contract." Murphy, supra at 596, 777 A.2d at 432. "In the absence of an express provision, the law will imply an agreement by the parties to a contract to do and perform those things that according to reason and justice they should do in order to carry out the purpose for which the contract was made and to refrain from doing anything that would destroy or injure the other party's right to receive the fruits of the contract." Slater v. Pearle Vision Center, Inc., 376 Pa.Super. 580, 546 A.2d 676, 679 (1988) (describing what is known as "doctrine of necessary implication"). "The meaning of an unambiguous written instrument presents a question of law for resolution by the court." Murphy, supra at 591, 777 A.2d at 430. (Emphasis added.) We agree with the position of wife as to the intent of the parties inherent in the totality of their marital settlement agreement. Her position on this issue is no different than the agreement on child support in which husband agreed to pay support until each child reached eighteen years of age, or graduated from high school, which ever occurs first. The Agreement as a whole shows that the intent of the parties was to require husband's support of two children only if wife had both of them in her primary custody. -3- 98-2127 CIVIL TERM When the situation changed, notwithstanding how the support provision was written, that negated his having to pay support for both children.2 For the foregoing reasons, the following order is entered. ORDER OF COURT AND NOW, this 22t,A day of September, 2009, the petition to hold Laureen M. Baltaeff in contempt, IS DISMISSED. The request of Keith P. Ulrich for further relief, IS DENIED. Douglas Miller, Esquire For Plaintiff/Respondent Wendy J.F. Grella, Esquire For Defend ant/Petitioner :sal 2 Because the facts were different in Van Dyke v. Van Dyke, 392 Pa. Super. 567 (1990), husband's reliance on that case is misplaced. In Van Dyke, the parties entered into a Marital Settlement Agreement in which wife was allowed to claim their four children as tax exemptions except for one year in which husband could claim one of them. Husband filed for a reduction in his child support obligation based on the reduction of his net income caused by the loss of the tax exemptions. The Superior Court stated that "the agreement entered into remains unchanged, as does the set of circumstances which it produced." It held that there was no change of circumstances to warrant a reduction in support where husband agreed to a provision governing tax deductions in a settlement contract, and only later realized that its terms were unfavorable, or rendered his financial situation more difficult than originally anticipated. -4- ?r ) c61,9 S, , It t1 to 7. 1 G: L i, l i i• U i