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HomeMy WebLinkAbout03-1293RICHARD K. ULSH, Plaintiff V0 ROBIN D. ULSH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-/,,/9.3 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 RICHARD K. ULSH, Plaintiff Vo ROBIN D. ULSH, Defendant · IN TI~ COURT OF COMMON PLEAS OF · CI-rMBERLAND COUNTY, PENNSYLVANIA · NO. 2003-/.z ~_5 CIVIL TERM · CIVIL ACTION - LAW · IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Richard K. Ulsh, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Richard K. Ulsh, is an adult individual who currently resides at 503 South College Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Robin D. Ulsh, is an adult individual who currently resides at 503 South College Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. Virginia. The Plaintiff and the Defendant were married on August 19, 1977 in Portsmouth, 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Richard K. Ulsh, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. lqAR 1 7 20O3 Date: Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint 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. RICHARD K. ULSH, Plaintiff RICHARD K. ULSH, Plaintiff Mo ROBIN D. ULSH, Defendant : IN THE COURT OF COMMON PI.EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-1293 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the above-captioned case for the purpose of securing service upon the Defendant. Date: '~''- -- 20- OZ, 2003 Respectfully submitted, Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX RICHARD K. ULSH, Plaintiff ROBIN D. ULSH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-1293 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 11to day of June 2003, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Richard K. Ulsh, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Robin D. Ulsh, by certified, restricted delivery, return- receipt requested. A copy of said receipt is attached hereto indicating service was made on June 6, 2003. Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX {e items 1 2, end 3. ~lso c,(~_m?lete item 4 if Restncmu ,,'~I~;.~Ss ~ the mveme return the c¢ to you. so that w~ can.._ ~. back of the maiipiece, or on the front if space 2, Artk PS FO~ Agent yES, enter detivery address below: [~3 No t 02595-02-M~855 RICHARD K. ULSH, V. ROBIN D. ULSH, PLAINTIFF DEFENDANT pETITION FOR AWARD OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION NO. 2003-12.93 IN DIVORCE EQUITABLE DISTRIBUTION TO THE HONORABLE, THE JUDGES OF SAID COURT: COMES NOW, Robin D. Ulsh, Defendant by her attorney, Ruby D. Weeks, Esquire, and she respectfully represents that: 1. Plaintiff isI Richard K. Ulsh, an adult individual residing at 503 South College Street, Carlisle, cumberland County, Pennsylvania. 2. Defendant is! Robin D. Ulsh, an adult individual residing at 648 Belvedere Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff a~d Defendant are husband and wife, having been married on August 19, ~977. Plaintiff filed a Complaint in Divorce on March 24, 2003. REQUEST FOR DIVISION OF PROPERTY The parties! purchased or otherwise obtained, during the course of their marriage property which is considered ,,marital property". >f a divorce decree, such property should be divided equitably Upon entry as is just Wq{EREFORE, equitable distril Plaintiff. Dated: cc: Thomas Diehl, Ruby D. Week~ E. Robert El: ~nd proper. Plaintiff prays that Your Honorable Court enter an award for ution of property in favor of the Defendant and against the Respectfully submitted, Ruby'~D~.~, Esquire Attorney for ]Defendant 10 West High Street Carlisle, PA 17013 (717) 243-1294 Esquire, Plaintiff , Esquire, Defendant cker, III, Esquire, Divorce Master COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Personally appeared before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct. Robin D. Ulsh Sworn to and subs( before me this /~ of ~ Notary Public ~ed to day , 2o RICHARD K. ULSH, Plaintiff ROBiN D. ULSH, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-1293 CIVIL TERM iN DIVORCE TO THEPROTHONOTARY: PRAECIPE ~ITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Date: Respectfully submitted, homas~S. Diehl, l~qquire 1 West High Street P.O. Box 1290 Carlisle, PA 17013 _ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Date:_ Respectfully submitted, GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 RICHARD K. ULSH, Plaintiff/Petitioner V. ROBIN D. ULSH, DR#: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION = LAW : : NO. 2003-1293 CIVIL TERM Defendant/Respondent: IN DIVORCE .PETITION FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES AND EXPENSES AND NOW comes Petitioner, Richard K. Ulsh, by and through her counsel of records, Bradley L. Cn'iffie, Esquire, and petitions the Court as follows: Your Petitioner is the above named Plaintiff, Richard K. Ulsh, an adult individual currently residing at 8847 Olde Scotland Road, Shippensburg, Franklin County, Pennsylvania. Your Respondent is the above named Defendant, Robin D. Ulsh, an adult individual currently residing at 648 Belvedere Street, ~' · ,~arhsle, Cumberland County, Pennsylvania. Petitioner's date of birth is January 20, 1955, and her Social Security number is 265- 19-4895. Respondent's date of birth is September 2, 1957, and his Social Security number is 299-56-6930. o The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301 (c) of the Divorce Code of 1980 as amended. Petitioner has not previously requested Alimony Pendente Lite (APL) and, therefore, costs for such request are being paid contemporaneously with the filing of this Petition. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support himself, pay for attorney's fees, or pay for the costs and expenses associated with this action. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. Petitioner no longer resides in the property owned by the parties and Respondent is providing no financial assistance to Petitioner. WHEREFORE, Petitioner requests you Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. Respectfully submitted, GRIFFIE & ASSOCIATES 200 North Hanover ,Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to tl~e penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE: RICH~kRD K. UL~H, Plaintiff/~etitioner RICHARD K. ULSH, Plaintiff/Petitioner VS. ROBIN D. ULSH, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-1293 CIVIL TERM IN DIVORCE Pacses# 137106198 ORDER OF COURT AND NOW, this 9th day of March, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on April 13~ 2004 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verificationofchildcare expenses (5) proof of medical coverage which you may have, or may have available to Y°U IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George: E. Hoffer, President Judge Mail copies on Petitioner 3-9-04 to: < Respondent Bradley Griffie, Esquire Ruby Weeks, Esquire Date of Order: March 9~ 2004 Ix'' Officer · R.J. h~aadday, Conference YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 RICHARD K. ULSH, Plaintiff ROBIN D. ULSH, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-1293 CIVIL TERM : IN DIVORCE .AFFIDAVIT OF SERVICE AND NOW, this 8~ ~'~vk day of Februm-y, 2004, comes Thomas S. Diehl, Esquire, counsel of record for Plaintiff, Richard K. Ulsh, and states that a true and attested copy of a Complaint in Divorce, was forwarded to Robin D. Ulsh, at 503 South College Street, Carlisle, PA 17013, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on June 6, 2003. Thomas S. Diehl, Esquire Attorney for Plaintiff 1 West High Street P.O. Box 1290 Carlisle, PA 17013 Sworn and subscribed to before rlae this ~5~ day °f~r~- ., 2004 TAt~Y ~UBLIC-- __ Certified Fee .'-, ,~,?......_~__:.. r,..~ ....................... late items 1,2, and 3. ~ts~ ~o~m?lete item 4 if Restnmeu~_~;~ss on the reverSe n return the card to you.... (Trm PS Fo~ [:] Yes if YES, enter delivery address betow: ~ No [~] Regt~tered 4. Re~cted Oettve~/? (Extra Fee) RICHARD K. ULSH, Plaintiff ROBIN D. ULSH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-1293 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on March 24, 2003, was reinstated on May 20, 2003, and served on June 6, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. RICHARD K. ULSH, Plaintiff RICHARD K. ULSH, Plaintiff ROBIN D. ULSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-1293 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE ]DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce: without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT L~LSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. {}4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION RICHARD K. ULSH, Plaintiff VS. ROBIN D. ULSH, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE : NO. 2003-1293 CIVIL TERM : 1N DIVORCE : PACSES Case No. 137106198 PRAECIPE TO CLERK OF COURTS: Please withdraw the Petition for Alimony Pendente Lite previously filed in the above- captioned action, with prejudice. Respectfully submitted, Date ~~:~riff~, Esquire '~7[ttto~ney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 No:ah Hanover Street Carlisle:, PA 17013 (717) 2,43-5551 (800) 347-5552 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RICl-IPd~ K. ULSH ) Docket Nmnber Plaintiff ) vs. ) PACSES Case Number ROBIN D. ULBE Defendant ) Other State ID Number 03-1293 CIVIL 137106198 ORDER AND NOW, to wit on this 28TH DAY OF MAY, 2,904 IT IS HEREBY ORDERED that the O Complaint for Support or O Petition to Modify or (~) Other REQUEST FOR APL CONFERENCE filed on FEBRUARY 25, 2004 ~1 the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HIS REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE 0 The Complaint or Petition may be reinstated upon written application of the plaimiff petitioner. DRO: RJ Shadday __~--~l~_ xc: plaintiff defendant Ruby Weeks, Esquire Bradley Griffie, Esquire BY THE COURT: JUDGE Form OE-506 Service Type M Worker ID 21005 RICHARD K. ULSH, PLAINTIFF V. ROBIN D. ULSH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2003-1293 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 24, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree ,Df divorce after service of notice of intention to request entry of the decree. 4. 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. 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. Dated: ~,~-~'05 Robin D. Ulsh, Defendant Sworn and subscribed to before me this ~[O day of ~D~ , 2004. Notary Public RICHARD K. ULSH, PLAINTIFF : : V. : ROBIN D. ULSH, DEFENDANT : IN THE cOURT OF COMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA CIVIL ACTION NO. 2003-1293 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO RE~UES~NTRI OF DIVORCE DECREE UNDER § 3301~ '£~{E DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer'S fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this af~!idavit 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. VOLUNTARY SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made the day and year hereinafter set forth, by and between RICHARD K. ULSH, hereinafter called "H~sband'; and ROBIN D. ULSH, hereinafter called "Wife". WHEREAS, the parties hereto were married on August 19, 19777_ th Vi gi i Portsmou , r n a; WHEREAS, a Complaint for Divorce has been filed in the Cumberl~hd County Court of Common Pleas to Number 2003-1293 Civil Term on March 24, 2003; WHEREAS, the parties hereto Husband, being represented by Bradley Griffie, Esquire and Wife, being represented by Ruby D. Weeks, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hm'eto; WHEREAS, irreconcilable differences have arisen between them, and the relations between the parties are and have been of such a character that the parties have voluntarily and mutually agreed to live separate and apart as of April 16, 2003 ("date of separation"), and intend to live separate and apart for the rest of their natural lives; WHEREAS, there are no minor children of this marriage; and WHEREAS, it is the desire of both parties to direct themselves in a manner so as to settle, adjust, compromise, and determine their property rights existing between the parties growing out of the marriage relation. NOW THEREFORE, in consideration of the promises and the mutual covenants of each of the parties, they do hereby covenant and agree with each other for their respective heirs, personal representatives, and assigns as follows: 1. TERMS OF SEPARATION: The parties mutually and voluntarily agree to continue to live separate and apart. Each party may, for his or her separate benefit, e, ngage in any employment, business, or profession he or she may choose and may reside in such place as he or she may choose. It is their intention that any reconciliation, either temporary or permanent, shall in no way effect the provisions of this Agreement having to do with support and the settlement and disposition of their property rights in their respective realty, 2 if any, and personalty, unless a new agreement is entered into writing mutually revoking and rescinding this Agreement and entering into a new one. 2. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, AND MAINTENANCE: The parties have each secured and maintain 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 whic]h they are accustomed. Husband and Wife do hereby waive, release, and give up any rights they may respectfully have against the other for alimony, support, or maintenance. Husband and Wife specifically waive, release, and give up any rights for alimony, alimony Pendente lite, and Spousal support pursuant to Chapter 37 of the Domestic Relations Code. Husband shall withdraw his complaint with prejudice for Alimony Pendente Lite, PACSES # 137106198 on February 10, 2004 effective immediately and shall provide wife's attorney with proof of same. 3. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: (a) Tangible Personal Property. Both parties acknowledge that they have already divided their household and personal property to their mutual satisfaction. The parties further acknowledge that they have all of the household and personal property in their possession that they wish to have, and that neither party will make 3 any claim whatsoever against the other party for any other item of household or personal property or assets that are in the other party's: possession. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (b) Intangible Personal Property. Each party hereby relinquishes any right title or interest he or she may have in or for the other parties individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans and the like. (c) Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right 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. (d) Motor Vehicles. Husband hereby transfers to Wife at her expense all of his right, title, and interest in the 1996 Toyota Tacoma pickup truck. Wife hereby transfers to Husband at his expense all of her right, title,,, and interest in the 2002 Subaru Outback, which is currently encumbered by a lien in the approximate amount of $20,000.00 owed to Chase Automotive Finance. In the event Husband is unable to secure the title from Chase Automotive Finance for purposes of 4 transferring title at this time, Wife will execute a Limited Power of Attorney for the transfer of the vehicle, which Power of Attorney will be signed by Wife at this time and held in escrow by Husband's counsel until such time as it is determined whether Chase Automotive Finance will cooperate in providing the title for transfer. Otherwise, Husband's counsel shall continue to hold the Limited Power of Attorney for purposes of transferring title at the time that the loan is paid in full and the title is provided to Husband. Each party shall assume any and all liens against their respective vehicles, and shall indemnify ~md hold harmless the other from any and all liability for this debt. Both parties hereby agree to equally share the costs associated in transferring title of the abovementioned vehicles. (e) Real Estate. The parties own no real estate. 4. DEBTS OF TItE PARTIES: Husband and Wife agree to equitably divide their debts such that Husband will assume all debts currently in his name and wife will likewise assume all debts currently in her name. Specifically, Wife will assume the debt associated with the American Express Blue credit card, account 3715-100192-91003, with an approximate balance of $19,000.00. Husband will assume the debt associated with .~he American ~ -.~ .....~ ......... ~r- .......... oa~a. Cem * ~3,001h~, the 5 Chase Platinum Visa credit card, account number 4305-8775-1001-8422, with an approximate balance of $8,000.00; and with the Discover credit card, account number 6011-0021-5036-9924, with an approximate balance of $12,000.00. The parties further aver that there are no jointly held debts. It is understood that this paragraph does not concern the debts related to the motor vehicles as separately addressed in this agreement. Each party represents to the other that, except as otherwise specifically set forth in this Agreement, and more particularly as set forth above in this paragraph, there are no outstanding obligations of the parties that either party has created which could obligate the other party for any payment of any nature whatsoever. Further, since separation, neither party has contracted for any debts for which the other will be or could be responsible, and each party indemnifies and holds harmless the other from all obligations separately incurred or assumed under this Agreement. Each party represents to the other that, except as otherwise specifically set forth 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. INSURANCE: (a) Life Insurance Each party hereby relinquishes any right, title or interest he or she may have in or to any life insurance policies currently titled in the name of or in the possession of the other party. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any right or claim by the other party. Each party agrees to sign any documentation necessary to waive, relinquish or transfer any right in such policies to the :respective party who presently owns such policies. It is acknowledged, however, that Wife has a life insurance policy with MILCO, policy number 0421886873, upon which there is a rider life insurance policy on Husband's life. Husband shall retain ownership of that rider but shall take whatever action is necessary to transfer ownership in a manner so as to avoid any additional cost or expense for Wife relative to the payment of premiums, or other costs incidental to transferring ownership. Husband shall then retain ownership of the rider that insures his life as his sole possession. Wife shall cooperate in this process with respect to providing necessary information and executing necessary documents. (b) Health Benefits. The parties acknowledge that they are currently and fully employed with access to full health benefits and likewise. Parties agree that neither party will look to the other for any medical, dental, or mental reimbursement. 7 6. MILITARY RETIREMENT Wife hereby waives and relinquishes any and all right, title, or interest of any nature whatsoever that she has, or may have now, or hereafter acquire, to any portion of Husband's military pension, currently in pay status, from his services in the United States Army and Navy for a total of 20 years. 7. ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses, or military retiretnent. 8. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force an effect to the provisions of this Agreement. 9. INCOME TAX The parties have heretofore through 2002 filed ·joint Federal and State Tax Returns. In the event of any tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, such tax, interest, penalty or expense shall be paid solely and entirely by the individual whG, is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separated income on the aforesaid joint returns. For 2003 and thereafter the parties shall file separate tax returns and be solely entitled to any refund therefrom or liable for any payments thereunder. 10. DIVORCE: Husband has commenced a divorce action in the Cumberland County Court of Common Pleas docketed to 2003-1293. Husband and Wife agree to sign consents to the entry of a Divorce Decree contemporaneously with the signing of this Agreement, and to have the same filed with the Court following the statutory ninety (90) day waiting period. At the same time that ~m Affidavit of Consent is signed, Husband and Wife shall also sign and file a wri[tten Waiver of Notice that the other party is seeking the entry of a divorce decree. Husband's counsel agrees to file a Praecipe to Transmit and to withdraw any claims for Alimony Pendente Lite and Equitable Distribution, Wife agrees to withdraw her claim for Equitable Distribution, in order to seek a final decree in divorce. The terms of this 9 Agreement shall be incorporated into the Divorce Decree, but shall not be merged into the Divorce Decree. At the same time that the Affidavit of Consent and Waiver of Notice are signed, Wife shall also sign a Praecipe to Resume Prior Surname, which shall be filed once the Divorce Decree has been issued. 11. BANKRUPTCY: The parties hereby agree that the provisions of tihis Agreement shall not be discharge able in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 12. WARRANTIES: This Settlement Agreement contains the entire understanding of the parties. There are no representations, warranties, promises, cowmants, or understandings other than those expressly set forth herein. Each party represents that they have not heretofore incurred or contracted for 10 any debt or liability, or obligations for which the esta~te of the other party may be responsible or liable, except as may be provided for in this Settlement Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of ewzry kind, including those for necessities, except for the obligations arising out of this Settlement Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution of this Settlement Agreement, except as is otherwise specifically provided for by the terms of this Settlement Agreement, and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. No modifications or waiver by the parties of any of the terms of this Settlement shall be valid unless in writing and executed with the same formality as this Settlement Agreement. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Settlement Agreement, and as their respective counsel shall mutually agree 11 should be so executed in order to carry fully and effectively the terms of this Settlement Agreement. This Settlement Agreement shall be construed in accordance with the laws of the commonwealth of Pennsylvania, which are in effect as of the date of the execution of this Settlement Agreement. All covenants, promises, stipulations, agreements, and provisions contained herein shall apply to, bind, and be obligatory upon the heirs, executors, administrators, personal representatives, and assigns of the parties hereto. 13. DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earning and incorne of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and ,complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. 14. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and for all purposes whatsoever, of and from any and all right, title, and interest, or claims in or against the property (including income and gain from property 12 hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now ihas 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 other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemptions, 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 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, counsel fees, costs, expenses or military retirement 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 Settlement Agreement, or for the breach of any thereof. It is the intention of the Husband and Wife to give to each other by execution of this Settlement 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 and agreements 13 and obligations of whatsoever nature arising or which may arise under this Settlement agreement or for the breach of any thereof. 15. ENFORCE ABILITY AND CONSIDERATION: This Settlement 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 the Settlement Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration of this contract and 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 in stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event that either party breaches the aforesaid Settlement Agreement, and it is determined through appropriate legal action that the alleged party so breached the Settlement Agreement, the breaching party shall be responsible for any and all attorney's fees as well a costs and expenses associated with litigation incurred by the non-breaching party to enforce this Settlement Agreement against the breaching party. In the event of breach, the non-beaching party shall have the right, at this or her elections, to sue for damages for suclh breach, or to seek such other and additional remedies as may be available to him or her including equitable 14 enforcement of this Settlement Agreement. This agreement shall be effective on the first date when both parties have signed the agreement. IN WITNESS WHEREOF, the parties have set their hands and seals to this Settlement Agreement the day and year written below, and do both solemnly declare and affirm under the penalties of perjury that the contents of the foregoing document are true and correct. Date Date Ric ard~K. Ulsh, Husband R~bin D. Ulsh, Wife 15 RICHARD K. ULSH, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : ROBIN D. ULSH, : NO. 2003-1293 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infomaation to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301 (c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified mail, restricted delivery on June 6, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: May13,2004 by Defendant: May26,2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of int,:ntion to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 14, 2004 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: June 8, 2004 )riffle, Esquire ASsoCIATES Attorney for Plaintiff IN THE COURT OF COMMON PLEAS RICHARD K. ULSH, Plaintiff Versus ROBIN D. ULSH, Defendent OF CUMBERLAND COUNTY STATE Of ~ PENNA. NO. 2003-1293 civil Term DECREE IN DIVORCE AND NOW, ,.~ ~,,,~_)~,..~__. DECREED THAT Richard K. Ulsh AND Robin D. ulsh ' //IJ~V ~ , IT IS ORDERED AND PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR.~D IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; ~¢~ The parties' Voluntary Separation and Property Settlement Agreement dated May 28, merged. 2004 is incorpo~r, ated ~n, but not PROTHONOTARY RICHARD K. ULSH, : PLAINTIFF : V. : ROBIN D. ULSH, : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2003-11293 IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, having filed for a Final Decree in Divorce from the bonds of matrimony on the 3/24/03, hereby Robin D. Ulsh Robin D. Swingley k~ ~ COMMONWEALTH OF pENNSYLVANIA : COUNTY OF CUMBERLAND : On the ~ day of ~ 2004, before me a Notary Public, personally appeared Robin D. Ulsh. known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary P%Lbl ic