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HomeMy WebLinkAbout07-2046fI HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF HAROLD S. IRWIN, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - -qPyL CIVIL TERM RHONDA S. IRWIN, Defendant : IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 HAROLD S. IRWIN, 111, Plaintiff V. RHONDA S. IRWIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2007 - •ZG 4(, CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is HAROLD S. IRWIN, III, an adult individual residing at 606 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is RHONDA S. IRWIN, an adult individual residing at 606 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on February 14, 2001, in Carlisle, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. w I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. April 13 , 2007 HAROLQ S. IRWIN, III HAROLD S. IRWIN, II Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 HAROLD S. IRWIN, III, Plaintiff V. RHONDA S. IRWIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2006 - 20 (/4, CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. , April 2007 v HAROLD S. IRWIN, III, Plai 1-1 fi W 12 r 1 cli FI) ) '? t C? V G HAROLD S. IRWIN, Ili, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434090 ATTORNEY FOR PLAINTIFF HAROLD S. IRWIN, III, Plaintiff V. RHONDA S. IRWIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 2046 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was delivered to defendant on April 14, 2007 at her residence at 606 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. April 20, 2007 " " Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 ca '? ? ?x? ° ? HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF HAROLD S. IRWIN, III, Plaintiff V. RHONDA S. IRWIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 2046 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Blase Salomone, being duly sworn according to law, does depose and state: 1. That he is a competent adult. 2. That he personally served defendant with a certified copy of the complaint in divorce in this action on April L1 , 2007, at 9: r ! a. m., at her residence at 606 Mooreland Avenue, Carlisle, PA 17013. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. April Z? 2007 W=4 Blase Salomone C gy '"G C?:s r-'?? ` ? ` . p ?y ?x rs?s {?: ?? ' , ` - <_? ? -...t ?? ,,.- -? C? ?" t?_ ? ? ?? ? c.r's HAROLD S. IRWIN, 111, : IN THE COURT OF COMMON PLEAS OF Plalntlff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - 2046 CIVIL TERM RHONDA S. IRW1N, D.tsndant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(d) of the Divorce Code was filed in this matter on or about April 13, 2007. Service of the complaint was made upon defendant on April 14, 2007 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. September W, 2007 HAROLD S. IRWIN, 111 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) 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. Section 4904 relating to unsworn falsification to authorities. September tb 2007 c-? ? cf? ? t"'n :., '"' ?;= ?. .. ,.. `' ,;,?? ,? - ?,._. ?t _ ?` '-??( ?? 5.. HAROLD S. iIRWIN, 1119 : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2007 - 2046 CIVIL TERM RHONDA S. IRWIN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(d) of the Divorce Code was filed in this matter on or about April 13, 2007. Service of the complaint was made upon defendant on April 14, 2007 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. 1 A , 2007 RHON RWIN WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. 1 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. Section 4904 relating to unsworn falsification to authorities. 1 2007 dc:? 1) 1 J k/y17 V-/0 yf-41L ) RHONDA S. IRWIN r•? o m Q HAROLD S. IRIVIN,111, ESQUIRE ATTORNEY ID NO. 29920 " SOUTH PITT STREET CARLISLE PA 17013 (717) 2434M090 ATTORNEY FOR DEFENDANT HAROLD S. IRWIN, 111, Plaintiff v. RHONDA S. IRWIN, Dsfendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 2046 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the-Divorce Code. 2. Date and manner of service of the complaint: On or about April 14, 2007 defendant was personally served with a copy of the divorce complaint by U.S. Mail (see Affidavit of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: September 10, 2007 By the defendant: September 10, 2007 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: September 11, 2007 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 11, 2007 ~ September 11, 2007 61 1 HAROLD S. IRWIN, III Attorney for Plaintiff -? a ? ` ?? - ? s ...,- '"?' ?w' +y' r. • ?SJY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. HAROLD S. IRWIN, TTI N0.2007 - 2046 CIVIL TERM VERSUS RHONDA S. IRWIN Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT HAROLD S. IRWIN, III , PLAINTIFF, AND RHONDA S. IRWIN ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE ?'r?'? Co•I? h I- , 0J HAROLD S. IRWIN, III, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 2046 CIVIL TERM RHONDA S. IRWIN, Defendant : IN DIVORCE MOTION FOR A RULE TO SHOW CAUSE NOW comes Harold S. Irwin, III, Esquire, attorney for plaintiff, and presents this motion for a rule to show cause, representing as follows: Petitioner is HAROLD S. IRWIN, III, plaintiff in this action, an adult individual residing at 606 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is RHONDA S. IRWIN, an adult individual residing at 110 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. 3. The parties were divorced by decree of this Court on September 11, 2007. A copy of the decree is attached as Exhibit "A" and incorporated herein by reference. 4. Prior to the entry of divorce, the parties entered into a marriage settlement agreement and an amendment thereto, both dated September 11, 2007. Copies of the agreement and the amendment are attached hereto as Exhibits "B" and "C" and incorporated herein by reference. 5. Paragraph 6.A. of said agreement provides as follows: A. REAL ESTATE. WIFE hereby releases to HUSBAND any interest she may have in the marital residence at 606 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. WIFE shall execute a deed conveying her interest in the marital home to HUSBAND upon receipt of written confirmation that she has been released from the joint mortgage and note. HUSBAND shall be responsible for the preparation and recording of this deed. Further, WIFE shall vacate the marital home no later than 9:00 p.m. on October 31, 2007. (emphasis added) 6. On October 10, 2007, plaintiff provided to defendant's counsel a letter from Orrstown Bank confirming that the defendant has been released from the mortgage obligation associated with the marital residence. A copy of that letter is incorporated herein and attached hereto as Exhibit "D". Prior to defendant's release and this confirming letter, plaintiff was advised by the bank that the bank would require defendant's execution of a deed conveying her interest in the marital residence. 7. Furthermore, the provision requiring confirmation of defendant's release from the mortgage and note before execution of the deed was modified in the subsequent modification agreement (see Exhibit "C"), as follows: 1. Para 6.A.: In consideration of WIFE's agreement that HUSBAND may finalize the divorce now, HUSBAND agrees that WIFE will execute the deed to the marital residence at 606 Mooreland Avenue when she moves out of that property. (emphasis added) 4. Para 9: ...Accordingly, and because the deed to the marital residence shall remain in joint names until WIFE vacates the property, HUSBAND may finalize the divorce. (emphasis added) 8. In fact, in addition to execution of the deed, many other provisions of the parties marital settlement agreement and its modification were tied to October 31, 2007, the date by which defendant was required to vacate the marital residence and execute a deed conveying her interest in it. Those additional provisions included the relinquishment of her motor vehicle, the end of plaintiff's provision of automobile expenses and medical insurance for defendant, plaintiff's payment of defendant's moving expenses, the beginning of defendant's responsibility for her own cell phone expenses, and the date by which defendant had to remove any personal property from the residence and plaintiff's office. 9. Wife did vacate the marital residence and turn over possession of her vehicle on October 31, 2007. Subsequently, plaintiff provided to defendant's counsel a deed to the marital residence, requesting counsel to obtain defendant's signature thereon. 10. On November 5, 2007, plaintiff notified defendant's counsel that defendant had not yet delivered the executed deed for the marital home. On November 11, 2007, plaintiff advised defendant's counsel that if he had not received the executed deed by November 15, 2007, all future alimony payments would be held in escrow until defendant does fulfill that obligation and that he would file a motion for specific performance on or about November 16, 2007. Copies of the relevant portions of these a-mails to counsel's paralegal are incorporated herein by reference and attached hereto as Exhibit "E". 11. On November 15, 2007, plaintiff faxed an additional letter to defendant's counsel indicating that absent delivery of the deed, all alimony payments would be held in escrow. A copy of that letter is incorporated herein by reference and attached hereto as Exhibit 7'. 12. Plaintiff has not received a response to the November 15, 2007 letter (except for an e- mail from counsel's paralegal indicating that the November 15th letter would not be addressed prior to the week of November 19, 2007). 13. On November 16, 2007, plaintiff advised defendant's counsel that in good faith he would deposit the mid-November alimony payment into defendant's account, but that he planned to file this motion by the afternoon if he did not receive assurances by then that he would receive the signed deed by November 19, 2007. A copy of this e-mail is incorporated herein by reference and attached hereto as Exhibit "G". 14. Defendant has refused and neglected to execute and deliver a deed for the marital residence and continues so to refuse. 15. Plaintiff believes and therefor avers that to date he has substantially complied with all of the material terms of the marriage settlement agreement, as modified. However, respondent has breached the terms of the agreement in that, inter alia, she has failed to execute and deliver a deed conveying her interest in the marital home as required under the agreement. 16. Paragraph 10 of the marriage settlement agreement provides as follows: 10. BREACH: In the event of the breach of this agreement by either parry, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 17. Defendant has clearly breached the parties' marriage settlement agreement, as modified, and is subject to an order requiring her to specifically perform the terms thereof. 18. Furthermore, by virtue of her unqualified breach of the parties' marriage settlement agreement, as modified, defendant should be required to reimburse to plaintiff the costs of this action and the costs of his time in preparing and prosecuting this motion. WHEREFORE, petitioner requests your Honorable Court to enter a rule upon the respondent to show cause why she should not be required to fully perform the terms of the parties' marriage settlement agreement, as modified, by executing and delivering a deed conveying her interest in the marital home, plus petitioner's attorney fees and costs for this proceeding. November 16, 2007 HAROLD S. IRWIN, III Petitioner 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 , , , VERIFICATION The facts stated in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. November 16, 2007 v? --ri HAROLD S. IR N, III Petitioner . I aI EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY trek .10 STATE OF PENNA. HAROLD S. IRWIN, III NO. 2007 - 2046 CIVIL TERM Plaintiff VERSUS RHONDA S. IRWIN DECREE IN DIVORCE 03:40 PM AND NOW, September 11 DECREED THAT HAROLD S. IRWIN, III AND RHONDA S. IRWIN ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2007 , IT IS ORDERED AND PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE COURT: Edward E. Guido ATTAST: Curti# R. Long Certified Copy Issued: September 11, 20P J. OTA RY EXHIBIT °B" ., 01 MARRIAGE SETTLEMENT AGREEMENT ilk THIS AGREEMENT made this day of September, 2007 by and between HAROLD S. IRWIN, III, hereinafter referred to as "HUSBAND") and RHONDA S. IRWIN (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February 14, 2001 and separated on April 9, 2007; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. 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. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. a, tI 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for 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 is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. HUSBAND shall assume all liability for and timely pay all debts in HUSBAND's name, including but not limited to the Bank of America credit card onto which WIFE has transferred prior individual debts of her own and all of the parties joint obligations, including but not limited to the GE Care card. In addition, HUSBAND shall continue to pay timely the lease payments on the Hummer. WIFE shall continue to have access to and use of the Hummer, as more particularly set forth in subparagraph 2, below. HUSBAND also shall pay timely all household utilities at the marital residence. HUSBAND shall indemnify and hold harmless WIFE from all efforts by the creditors to enforce these obligations against WIFE. In reference to the foregoing, the parties agree to the following specific provisions: 1.) HUSBAND has secured WIFE's release from the joint Orrstown Bank mortgage and the note on the marital home and shall provide written confirmation from the bank that this has been accomplished within ten (10) days from the date of this agreement. 2 2.) Not later than six (6) months from the date of the parties' divorce decree, HUSBAND shall obtain WIFE's release from all liability for timely payment and satisfaction of the joint vehicle lease for the 2006 Hummer H3. HUSBAND shall be solely responsible and liable for any deficiency or early-termination fees or costs and shall indemnify and hold WIFE harmless from all efforts by the creditor to enforce the lease against WIFE. WIFE will relinquish possession of the vehicle to HUSBAND no later than October 31, 2007. However, HUSBAND shall be solely responsible and liable for timely payment of the monthly lease payments and the motor vehicle insurance premiums on the vehicle as of April 1, 2007. HUSBAND shall have no obligation to provide motor vehicle insurance for the benefit of WIFE after October 31, 2007. 3.) Provided WIFE vacates the marital residence not later than 9:00 p.m. on October 31, 2007, HUSBAND shall pay WIFE's moving expenses within a twenty (20) mile radius of the marital residence, which shall include removal of the personalty reserved to WIFE at the Irwin Law Office, as more particularly set forth in subparagraph 6.6.4. below. The invoice for such moving shall be in HUSBAND's name and shall be billed to him directly by the moving company of WIFE's selection. B. WIFE shall assume all liability for and pay and indemnify the HUSBAND against any debts in WIFE's name. Beginning November 1, 2007, WIFE shall also be solely responsible for her own cellular telephone expenses and her own automobile expenses, including insurance. 6. No payment shall be made by either party to the other as a result of the division of property contained herein, except that HUSBAND shall pay to WIFE the sum of $8,500.00. This payment is in the nature of equitable distribution of marital property and neither party shall treat this payment as alimony, alimony pendente lite or spousal support for income tax purposes. Further, this payment shall be delivered by HUSBAND to WIFE's counsel in exchange for WIFE's execution of this agreement and WIFE's consent and waiver necessary to obtain a final decree of divorce. The parties agree that this division is fair and equitable, and is voluntary and 3 made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to HUSBAND or WIFE, with full power to HUSBAND or WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: WIFE hereby releases to HUSBAND any interest she may have in the marital residence at 606 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. WIFE shall execute a deed conveying her interest in the marital home to HUSBAND upon receipt of written confirmation that she has been released from the joint mortgage and note. HUSBAND shall be responsible for the preparation and recording of this deed. Further, WIFE shall vacate the marital home no later than 9:00 p.m. on October 31, 2007. B. PERSONAL PROPERTY: 1.) Motor Vehicles: Both vehicles used by the parties are subject to lease arrangements and not owned by the parties. HUSBAND shall maintain possession of and responsibility for the 2006 BMW 330xi. WIFE shall maintain possession of the Hummer H3 until no later than October 31, 2007, at which time she shall surrender possession thereof to HUSBAND. 2.) Bank Accounts: The parties shall each retain any of their individually owned bank accounts free of any claim by the other party. WIFE hereby releases to HUSBAND all claim to any funds in the joint checking account at Orrstown Bank. Said account shall be closed upon execution of this agreement. 3.) Life Insurance: HUSBAND shall retain ownership of his $100,000.00 term life insurance policy currently in force and shall pay timely all premiums in order to keep this policy in full force and effect. Until WIFE has been fully paid all sums due to her under this agreement, including alimony, HUSBAND shall 4 maintain WIFE as an irrevocable beneficiary on this policy in an amount sufficient to fund HUSBAND's remaining payments to WIFE in the event of HUSBAND's death. The balance of such life insurance proceeds after said payment to WIFE shall be paid over to HUSBAND's estate. Not later than November 1, 2007, HUSBAND shall provide WIFE with written confirmation from the insurer that he has designated WIFE as an irrevocable beneficiary. Thereafter, upon 30 days notice, HUSBAND shall provide such confirmation annually on November 1St until HUSBAND has performed fully all of his payment obligations to WIFE. 4.) Premarital Business Interest: With the exception of the personalty identified herein, WIFE hereby releases to HUSBAND any right, title and interest to HUSBAND's law practice and any assets thereof, known as Irwin Law Office located at 64 South Pitt Street, Carlisle, PA 17013. HUSBAND represents and warrants to WIFE that he has not obligated WIFE on any debts or obligations related to his law practice and that she has not signed any lease agreements, sales agreements or other documents which would impose on WIFE any liability for payment or satisfaction. HUSBAND shall be solely responsible and liable for all debts and obligations associated with his law practice and shall indemnify and hold harmless WIFE from all debts and obligations related to his law practice, including those incurred during any times in which HUSBAND was a partner with another attorney. Concurrently with moving her personal property from the marital residence, WIFE shall be entitled to remove the following personal property located in the office: a.) Two (2) red, five-arm rolling desk chairs. b.) Two (2) brown 2-drawer letter size filing cabinets. c.) One (1) brown folding table used by WIFE as a desk. d.) Air conditioner in WIFE's former office. e.) Stepstool. f.) Floral black drapes. g.) Two (2) boxes of Bertha Trout's personal effects (in kitchen) and her records. h.) Computer monitor located in WIFE's former office. 5 i.) Terra cotta satin drapes with cream-colored soutache, 6 panels, in the blue room. j.) Silver, triscuit-pattern framed mirror last seen sitting on the floor in the second floor bathroom. k.) Stuffed bears in first floor bathroom storage cabinet and odd items of linen and Christmas decor. I.) Window treatments in Rich's office. HUSBAND shall provide WIFE with reasonable access to the property before and on October 31, 2007, in order to remove these items. HUSBAND shall be entitled to retain any of the above items which have not been removed by 9:00 p.m. on October 31, 2007. In addition, WIFE, will leave two (2) tan and melon floral wing chairs and the yellow floral sofa and love seat, and, for Jane Adams the pink velvet wing chair and the drapes and curtains in Jane's office. HUSBAND acknowledges that WIFE is the Executrix of the estate of Bertha Trout and that, as such, she has discharged HUSBAND as attorney for the estate. HUSBAND further acknowledges that he has no interest, control or input into this estate, or any individuals connected with the estate, or any matters, whether civil or criminal, whether pending or to be filed in the future. 5.) Timeshares: a.) Royal Haciendas, Playa del Carmen, Mexico: HUSBAND shall be solely responsible and liable for all fees, expenses, and costs related to this asset. After all of HUSBAND's payments to WIFE under the terms of this agreement are completed, including alimony payments, WIFE will execute whatever documentation is necessary to remove her name from the ownership of this timeshare and HUSBAND shall undertake to remove WIFE'S name from the Royal Haciendas obligation to Millennium Financial and shall provide WIFE with written confirmation that he has done so. If HUSBAND is unable to remove WIFE's name from the 6 obligation, he shall Indemnify and hold WIFE harmless from all efforts by the creditor to enforce the obligation against WIFE. b.) Royal Caribbean, Cancun, Mexico: HUSBAND's one-half interest in the Royal Caribbean timeshare is non-marital property which has not been formally transferred into joint names with WIFE. In Week 29 of 2008 and Week 29 of 2010, however, WIFE will be entitled to the lock-off room of Unit D1115 for the normal one (1) week time share period at the Royal Caribbean timeshare. At her election, WIFE may exchange that week and room for another one through Interval International. Any exchange fees shall be paid by WIFE. WIFE shall abide by all of the rules and regulations of the timeshare and shall do nothing which shall jeopardize the ownership of the timeshare by HUSBAND and his joint owners. Nothing shall prevent HUSBAND from renting the rest of the timeshare to third parties or from using it himself or with others. If WIFE does not intend to use the timeshare during weeks 29 of 2008 and 2010. WIFE shall notify HUSBAND in writing by April 1St of 2008 and 2010. In that event, HUSBAND shall be free to make whatever other use of the room he may desire, with no compensation to WIFE. HUSBAND shall pay his share of the maintenance fee (approximately $375 - $400 each year) despite WIFE's use of the facility during 2008 and / or 2010. WIFE shall not have any responsibility for payment of any maintenance or other fees related to her use of week 29 in 2008 and / or 2010, except for all expenses incurred by her at the resort during her stay. 6.) Other personal property: The parties equitably have divided all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as follows: Each party will retain ownership and possession of all personal property which that party brought into the marriage. In addition, each party shall be entitled to retain ownership and possession of any household contents that either of them purchased during the marriage or received as gifts. Without limiting the 7 foregoing, WIFE will be entitled to remove from the marital residence the following: a.) Her clothing and her other personal items. b.) All personalty which she brought with her to the marriage. c.) Computer system located in the basement of the marital home at 606 Mooreland Avenue, Carlisle, PA. This shall include the computer, the printer and the scanner and any existing documentation therefor. If, however, the monitor which WIFE is to retrieve from the Irwin Law Office has been switched, WIFE shall take the monitor from the marital home computer system. d.) All photographs and non-legal documents created by WIFE, other than client files or documents related to the business of Irwin Law Office, which are stored on the computers in the marital residence and WIFE's former office. No one other than WIFE shall copy, print or delete these files and photographs from the computers. With the exception of the files, records and documents maintained on the Bertha Trout Estate, WIFE shall not remove or have access to any client files or documents related to the business of Irwin Law Office. Additionally, WIFE shall not remove or have access to any documents related to Husband personally, except the following: all documents and records in joint names, including but not limited to federal, state and local income tax returns, bank statements, credit applications and financial records. e.) Potted plants, rebar stakes and tomato plant cages constructed by WIFE. f.) The dining room table she purchased. g.) Doghouse. h.) Old lavender rubber pool float. Any of the above items which have not been removed by WIFE by October 31, 2007, shall remain the property of HUSBAND, unless otherwise agreed by the parties in writing by that date. 8 7. INCOME TAXES: A. The parties shall file separate income tax returns for 2007 and subsequent years. B. If any tax deficiency from the parties' prior income tax years Is proposed as a result of any tax year in which they filed joint federal, state and / or local income tax returns, or any assessment of any such tax Is made against the parties, then HUSBAND shall pay the tax, interest, penalty or expense assessed or proposed to be assessed against the parties. HUSBAND also shall pay all costs and expenses for defending any tax audits relating to the parties' joint tax returns and joint tax liabilities. HUSBAND shall indemnify and hold WIFE harmless from and against any loss or liability far all such joint tax deficiencies, including but not limited to reasonable legal and accounting fees and costs. C. HUSBAND shall be solely liable for all other taxes which are due, or may become due, including but not limited to real estate taxes. 8. SUPPORT AND ALIMONY: Except as otherwise provided in this paragraph, both parties waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. Notwithstanding the foreging: A. HUSBAND shall continue to provide health insurance for WIFE through October 31, 2007. WIFE shall be responsible for all of her own co-pays and other unreimbursed medical expenses, whether previously incurred or in the future. After October 31, 2007, HUSBAND shall have no further obligation to provide medical insurance for the benefit of the WIFE. B. Provided that WIFE has vacated the marital home not later than 9:00 p.m. on October 31, 2007, HUSBAND shall pay to WIFE for her support and maintenance $1,200.00 per month for a period of forty (40) months, beginning on November 1, 2007. These payments shall be due and payable as follows: $600.00 on the 1St day of each month and $600.00 on the 15th day of each month. These payments will be non - 9 modifiable and not subject to any offset, and will constitute income to WIFE and will be deductible to HUSBAND for income tax purposes. C. Simultaneously with HUSBAND's execution of this agreement, WIFE shall withdraw with prejudice her complaint for support. 9. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that more than ninety days have expired since service of the divorce complaint on April 14, 2007. Accordingly, the parties will execute and file the consents and waivers necessary to obtain the divorce simultaneously with the execution of this agreement. Husband promptly shall file the affidavits of consent and the waivers of notice, but shall not file the praecipe to transmit the record until November 1, 2007, the day after Wife vacates the marital residence. 10. BREACH: In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 11. 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 and effect to the provisions of this agreement. 12. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. WIFE's legal counsel is Theresa Barrett Male, Esquire. Both parties have had adequate opportunity to review this 10 agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. 13. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 16. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 11 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: r (SEAL) HAROLD S. IRWIN,411 9--l'to 40->?t?jbyly SEAL) RH NDA S. IRWI COMMONWEALTH OF PENNSYLVANIA : r-k. G4 Ili :SS: COUNTY OF PERSONALLY APPEARED BEFORE ME, a notary public for C efla d County, Pennsylvania, this I i day of September, 2007, HAROLD S. IRWIN, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan C. Appleby, Notary Public Notary Public yC Hanisburg, F.)i? Dec. De County My Cown 10 Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF p? t )`i 6. LIB PERSONALLY APPEARED BEFORE ME, a notary public for erlarld County, Pennsylvania, this 1 G-Z' day of September, 2007, RHONDA S. IRWIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notaft Seal Susan C. App ?, Notary Public City Of Hartisburg, Dauphin County 12 MY Commission E)0res Deo. 28, 2010 Pennsylvania Association of Notaries E 1 1 I . 1 MODIFICATION TO MARRIAGE SETTLEMENT AGREEMENT AND NOW, September 11, 2007, the parties desire to modify their Marriage Settlement Agreement as follows: 1. T 6.A.: In consideration of WIFE'S agreement that HUSBAND may finalize the divorce now, HUSBAND agrees that WIFE will execute the deed to the marital residence at 606 Moreland Avenue when she moves out of that property. 2. T 6.B. 5.) a.): WIFE will not use or attempt to use the Royal Haciendas timeshare. 3. T 6.13. 5). b.) HUSBAND represents and warrants that, although WIFE signed the documents necessary to place her name on Royal Caribbean timeshare, he did not process the documents. As a result, HUSBAND shall submit and sign all documents necessary to authorize WIFE'S use of the Royal Caribbean timeshare, including any trade she may want to make, as more particularly set forth in this paragraph. 4. T 9: HUSBAND represents and warrants that WIFE has health insurance coverage through the Irwin Law Office as an employee, which HUSBAND shall maintain through October 31, 2007. Accordingly, and because the deed to the marital residence shall remain in joint names until WIFE vacates the property, HUSBAND may finalize the divorce. ... .. All other terms and conditions in the Marriage Settlement Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: I :?? (SEAL) HAROLD S. IRWIN, III RHONDA S. SEAL) 2 f 1 r f I EXHIBIT "D° 10/0912007 23:43 7172400804 ORRSTOWN BANK PAGE 02/02 1 1 , 1, qkrpl? ORRSTOWN BANK A Tradition of ,ExceUmm 77 East 1Gitzag Street PO. Sox 250 Shippenstnug, PA 9.7257 October 10, 2007 Irwin Law Office Ann. Hal Irwin 64 South Pitt Street Carlisle. PA 17013 Dear Hal: This letter is to confirm that have released Rhonda S. Irwin from the mortgage obligation associated with property located at 606 Moorel.and Avenue, Carlisle, PA 17013. If you should have any Further questions please contact me at 717-240-0805. S' cerely, Oiayl ristman Orrstown Bank I1 tI, 1# EXHIBIT °E° Page 1 of 2 111 II Harold S. Irwin, III From: Harold S. Irwin, III [irwinlawoffice c@gmail.com] Sent: Sunday, November 11, 2007 9:52 PM To: 'Susan C. Appleby, Paralegal' Subject: FW: Rhonda Irwin Susie - I'm forwarding an e-mail sent to you on November 5, 2007, to which I have not received any response whatsoever. Additionally, I sent you another e-mail regarding Rhonda's failure to turn over the registration for the Hummer - yet another requirement that she failed to meet on Wednesday, October 31, 2007. 1 reluctantly agreed to Rhonda's refusal to sign the deed to the house until she delivered possession of the house. My concern was, of course, that I would find myself in exactly the position that I am in now: in possession of the house and chasing her down for her signature on the deed. This is unacceptable, though not surprising. At this point, there is no room for negotiation. The agreement has been established and it will be enforced. The bottom line is that Rhonda is in breach of the agreement. If the discrepancies set forth with my previous e- mails are not rectified by Thursday, November 15, 2007, Rhonda will not receive any future alimony payments until she is in compliance with the agreement and I will be filing a motion for specific performance on Friday, November 16, 2007. Very truly yours, Hal Irwin From: Harold S. Irwin III [mailto:irwinlaw@earthlink.net] Sent: Monday, November 05, 2007 9:52 AM To: 'Susan C. Appleby, Paralegal' Subject: Rhonda Irwin Susie - A couple of things: 1. Rhonda has not delivered the deed to the house. She is in breach of the agreement - it required her to sign and turn over the deed to me on October 31, 2007. Also, Orrstown Bank's agreement to release her name from the deed was with the understanding that she would be signing off on the deed. I have a revision to the deed that must be made before it is signed. I will forward that to you under a separate e-mail. 11/15/2007 • 1 11, I/ EXHIBIT °F° ? , a I a I , HAROLD S. IRWIN, I I I SARAH A. HARDESTY PARALEGAL November 15, 2007 THERESA MALE ESQ 513 N 2ND ST HARRISBURG PA 17101 RE: Irwin v. Irwin Dear Theresa: IRWIN LAW OFFICE 64 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17043 www. irwinlawoffice. corn e-mail: irwinlaw@earthlink.net 717-243-6090 PHONE 717-243-9200 FACSIMILE This situation has dragged on well beyond my tolerance level. I wish nothing more than to relieve you of any further legal hashing of petty issues. However, I refuse to be bullied into accepting less than Rhonda's full compliance with the terms on which we agreed per the divorce agreement. With that said, 1 offer the following: 1) Rhonda was to sign and deliver the deed on October 31 ? 2007. It is now November 15"', 2007, and this stipulation has not been met. Over one month ago, I sent you the document with which Orrstown Bank provided me and only now am I hearing that it is not enough to require Rhonda's compliance with the provision that she sign off on the deed. Nonetheless, I have contacted Gayle Christman at Orrstown Bank and hope to hear back from her later today regarding what I can to satisfy you that Rhonda has been relieved of not only the mortgage but also the note. The bank will not issue a recordable document releasing her from the mortgage and our agreement does not require such a document. Furthermore, I know that the release from the mortgage carried with it a full release from the note - and you know it, too. The fact that you have not seen those words in print is insufficient to relieve Rhonda of her obligation to turn over the executed deed. In fact Rhonda's continuing default may jeopardize the release that has already been alven inasmuch as the release was dependent on her slanina off on the deed. 2) In regard to insurance, I received confirmation one week ago that the insurance company revised the beneficiary designation as directed by the agreement but the confirmation letter was incomplete. I addressed this issue with my agent who has assured me that the company records have been accurately revised to reflect Rhonda as the primary beneficiary of $48,000 of the death benefit. The agent is currently obtaining a revised confirmation of said changes and I expect this confirmation letter in the immediate future. Attached is the form that Rhonda and I signed and I submitted requesting the change, the confirmation letter I initially received, and my agent's e-mail confirming that the insurance company has already changed the policy as requested. 3) As for the pictures Rhonda did not download from the office computer and the joint financial records which she did not photocopy, that is simply a matter of her own negligence. Rhonda had more than enough time to download and retrieve any information from the computer at the office as well as photocopy any financial records that she wanted. She even hired a computer consultant to assist her with this process. The agreement is clear that any property not retrieved by October 31, 2007, remains mine. However, if the pictures are of deep sentimental value to her and she is in dire need of financial records, I would be willing to allow her to retrieve these items after 1 receive the executed deed. 4) Regarding the "two wonderful eiderdown comforters," Rhonda can keep the one she took. I will remind you that there are numerous items which she removed from the house that were bought exclusively for the home yet she decided to take them. However, I am above the point of nit-picking. If Rhonda feels justified in taking the items she took, then so be it. As for the $250 Wal-Mart grape dishes, she can have them, too. My only point is that the agreement stated that whomever was the purchaser of said items would retain ownership of those items. The comforters were purchased by me; the dishes were purchased by Rhonda. Just because she doesn't want her dishes does not mean that she can unilaterally appropriate something else. 5) In reference to the Hummer, I have until March 11th, 2008, to attempt to remove Rhonda from the lease. While it may be unfortunate for her that she waited until the last minute to find out that this would affect her ability to purchase a new vehicle, that has nothing to do with her obligation to sign over the real estate. However, I contacted GMAC today and discussed what options are available to attain a new lease. They are to fax a credit application to me and will act on the completed application within 7 -10 days after receiving it back from me. 6) In conclusion, it is obvious that Rhonda is in breach of the contract while I have fully complied with the material obligations imposed upon me. Given the level of my compliance and Rhonda's failure to deliver the deed to my house, your threat of counsel fees and sanctions is not credible. Further alimony payments will be held in escrow until these matters are resolved. On a final note, I will add that I did not refuse to speak with you earlier this month. Susie e- mailed me and said you wanted me to call you the following week. I replied to that e-mail and requested to know what subjects would be addressed before I called you. You never gave me the courtesy of a reply. Very kS.Irwfin, rs, H old II + 6 1 f EXHIBIT "G^ A r ? a Harold S. Irwin, III From: Harold S. Irwin, III [irwinlawoffice@gmail.com] Sent: Friday, November 16, 2007 11:26 AM To: 'Susan C. Appleby, Paralegal' Subject: Rhonda Irwin Attachments: HSI-RSI.doc Susie - Page 1 of 1 I have decided to go ahead, in good faith, and deposit the 11/15 alimony payment into Rhonda's account. I will, however, be filing the motion for specific performance by this afternoon unless I receive assurances from Theresa that I will receive the deed by Monday, November 19, 2007. 1 am attaching a copy of the motion 1 have drafted and intend to file, minus the exhibits to which it refers. As soon as the Court issues the rule to show cause, a hard copy will be sent to Theresa. I know you indicated that Theresa is out of the office, but I cannot accept that as a reason for Rhonda's continued failure to abide by the agreement. I am quite sure that you are able to reach Theresa and/or Rhonda about this important matter. I have no phone number or e-mail address for Rhonda in order for me to communicate directly. In any event, 1 do not think that I should be contacting her directly about this. Please let her know that the deposit will be made this morning; however, I do not know that I will continue to deposit the alimony payments in the future, absent her performance of the terms of our agreement. I am not dictating anything, simply reminding you all that she made an agreement and I expect her to honor it. Very truly yours, Hal Irwin No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.503 / Virus Database: 269.15.33/1133 - Release Date: 11/15/2007 8:57 PM 11/16/2007 . i . ` Q HAROLD S. IRWIN, 1119 Plaintiff V. RHONDA S. IRWIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 2046 CIVIL TERM : IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Please withdraw the plaintiffs petition for a rule to sho cause in this case, without prejudice. November 20, 2007 HAROLD S. IRWIN III Plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court I.D. NO. 29920 INI _ t e , HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434MOO ATTORNEY FOR PLAINTIFF HAROLD S. IRWIN, III, Plaintm V. RHONDA S. IRWIN, Defendant J ?av 1# 2007 M` : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2007 - 2046 CIVIL TERM IN DIVORCE ORDER OF COURT NOW, this 21rikay o?4 2007, on petition and motion of the plaintiff, Harold S. Irwin, III, Esquire, a rule is hereby issued upon defendant to show cause why she should not be required to specifically perform the terms of the parties' marriage settlement agreement. Rule returnable ten (10) days after service upon defendants' counsel of record, Theresa Barrett Male, Esquire, by certified mail. By the Court, 6 SU r ? 4 ? r s ` Q r11 a Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm@tbmesguire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD S. IRWIN, III Plaintiff V. NO. 07-2046 Civil Term RHONDA S. IRWIN Defendant CIVIL ACTION - DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. Defendant retained Petitioner to represent her in this action, and signed a retention agreement. 2. Defendant has failed substantially to fulfill an obligation to Petitioner regarding Petitioner's services. 3. Professional considerations require termination of the representation. 4. Harold S. Irwin, III, Esquire, pro se Plaintiff, concurs with this request. 5. This matter was previously assigned to Judge Guido, who entered the parties' decree in divorce on September 11, 2007. Wherefore, Petitioner respectfully requests the court to grant her Petition to withdraw as counsel for Defendant. Respectfully Submitted, Theresa Barrett Male, Esquire Supreme Court # 46439 Andrea Hudak Duffy, Esquire Supreme Court # 60910 513 North Second Street Harrisburg, PA 17101 717-233-3220 Petitioner Date: January 12, 2009 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013-3220 Plaintiff Rhonda S. Irwin 110 West Big Spring Avenue Newville, PA 17241 Defendant Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: January ?°?- , 2009 ,.ry. ?" -,? . ?-, ? ? ?:.? ? - -r. ? , r,, r- ?, ; t_., s i ""? Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm _tbmesguire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD S. IRWIN, III Plaintiff V. NO. 07-2046 Civil Term RHONDA S. IRWIN Defendant CIVIL ACTION - DIVORCE ry ORDER AND NOW, January 6 , 2009, upon consideration of the foregoing petition, the Court ISSUES a Rule on plaintiff and defendant to show cause why the petitioner is not entitled to the relief requested. The Rule is returnable within ten (10) days of service. Edward E. Guido, J. lmno 11 NV 91 NVr 6001 R 3u'-2-11-0 - -III-1l4 D2istribution: /Harold S. Irwin, III, Esq., 64 S. Pitt St., Carlisle, PA 17013-3220 ,/Fheresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 ,,,?honda S. Irwin, 110 W. Big Spring Ave., Newville, PA 17241 e6ptles f? ?L£r,(. , 1 Lit. /0Y 2 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm _tbmesguire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD S. IRWIN, III Plaintiff V. NO. 07-2046 Civil Term RHONDA S. IRWIN Defendant CIVIL ACTION - DIVORCE MOTION TO MAKE RULE ABSOLUTE 1. On January 13, 2009, Petitioner filed a petition for leave to withdraw as counsel for defendant in this proceeding. 2. On January 16, 2009, the Honorable Edward E. Guido issued a rule to show cause, which was served on plaintiff and defendant, and which was returnable ten days from the date of service. 3. The return date has passed without answer by either plaintiff or defendant. Wherefore, Petitioner requests the Court to make the rule absolute and to grant her leave to withdraw as Defendant's counsel in this action. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Petitioner Date: February , 2009 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013-3220 Plaintiff Rhonda S. Irwin 110 West Big Spring Avenue Newville, PA 17241 Defendant Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: February .5- , 2009 +? ? Q C _ ° ' ,?, ' ? ' _ ?: ? ? ? ?; ? - - ' - y c.r) ! - €? . _ , ; -r ? ? ?f-% ?? _? ?? ?} % -'+ . , FES ' 0 ZON l? Law Office of Theresa Barnett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm(&-tbmescauire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD S. IRWIN, III : Plaintiff V. NO. 07-2046 Civil Term RHONDA S. IRWIN Defendant CIVIL ACTION - DIVORCE ORDER AND NOW, February 1 , 2009 the Court GRANTS Theresa Barrett Male, Esquire, leave to withdraw as counsel for Defendant in this proceeding. 0) r Edward E. Guido, J. 10 : ? Wd C 1 833 600Z 3OU-;0--C9IH Distribution: arold S. Irwin, III, Esq., 64 S. Pitt St., Carlisle, PA 17013-3220 V. eresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 Rhonda S. Irwin, 110 W. Big Spring Ave., Newville, PA 17241 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD S. IRw in) I Plaintiff Vs RHbNZR S. lR)S Defendant File No. IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff defendant n the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, d /? or ? after the entry of a Final Decree in Divorce dated C -1 -I I 2DO7 hereby elects to resume the prior surname of Mp-rgay , and gives this written notice avowing his / her intention pursuant o the provisions f 54 P.S. 704. % 2Date: -iq- ZQOq 7 Awn Signature 9??214 'r ffz aveml-1- =koz 1-2 S gnature of name b mg resu COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF WZ" D) On the I q day of /?&euAey , 200 q, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. G, J Notary Public NcyaaNt sit 1(A*l F WQR "W=V rum CAM IONOUGH, Ct04VANOCOIMIY t* Cam"M L"" Oct Ic 2010 J" JAJQAIC;AN sl w? ? ? ?n?a? E ??. I N Uj- Q ?M