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HomeMy WebLinkAbout07-6804RUTH N. HAULMAN, Plaintiff, V. JOHN W. HAULMAN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2007 - IN DIVORCE NOTICE CIVIL TERM 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 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RUTH N. HAULMAN, Plaintiff, V. JOHN W. HAULMAN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 4SO Y CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND (D OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Ruth N. Haulman, by and through his attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, John W. Haulman, representing as follows: 1. The Plaintiff is Ruth N. Haulman, an adult individual residing at 89 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is John W. Haulman, an adult individual residing at 89 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on June 17, 1992, in Hagerstown, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT By: ight, "Esquire Marc gCC Supre ourt I .D. No. 25 6 treer West fret Professional ilding 60 Wesom Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Dated: November 7, 2007 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. RUTH N. HAULMAN Date: November 7, 2007 RUTH N. HAULMAN, Plaintiff, V. JOHN W. HAULMAN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - Fvy 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. I 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 I 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. RUTH N. HAULMAN Date: November 7, 2007 0 n w W W d 0 f-- T, r ?1,3 --r L CD J Ti I't •'? f i lr i_. ?? e RUTH N. HAULMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM JOHN W. HAULMAN, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS I, JOHN CHRONISTER, a competent adult, being duly sworn according to law, depose and say that at approximately 8'?S a.m. on November 12, 2007, I personally served by hand delivery the Complaint in Divorce in reference to the above-captioned case: To: John W. Haulman 89 Channel Drive Carlisle, PA 17013 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Date: Sworn and subsbefore me this of November 2007 No y Pub!W'c OHN CHRONISTE WMMONWEAi.IM OF PENNSYLVANIA NO MM Sod MMhs L Noel, NobWY PW* ce" em Clmbeflend CCU* My pontnbeb 1,e*w Sept 18, 2011 Membw, Penra"Ords Assmiloon of Nowes 4Ln ? w cx? RUTH N. HAULMAN, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM JOHN W. HAULMAN, Defendant. IN DIVORCE MOTION FOR APPOINTMENT OF MASTER RUTH N. HAULMAN, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Alimony; C. Alimony Pendente Lite; d. Costs and expenses; and e. Counsel fees. and in support of the motion states: Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Plaintiff, Ruth N. Hauhnan, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. The statutory ground for divorce is No-Fault 3301(c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Alimony, Alimony Pendente Lite, Costs and expenses; and Counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half (%z) day. 7. Additional information, if any, relevant to the one. Date: December 19, 2007 At mey for Plaintiff ORDER APPOINTING MASTER AND NOW , Esquire, is appointed Divorce Master with respect to the following claims: By the Court: J. ? i ??:? ? ?J : ? + r i 4 ^tl ??? ? ? ?3 C ..C. It 1% RUTH N. HAULMAN, Plaintiff/Petitioner, V. JOHN W. HAULMAN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 17th day of December 2007, comes the Plaintiff/Petitioner, Ruth N. Haulman, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Defendant/Respondent, John W. Haulman, as follows: 1. The Petitioner is Ruth N. Haulman who is the Plaintiff in a divorce action filed at in Cumberland County, Pennsylvania. Her address is 89 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013 2. The Respondent is John W. Haulman who is the Plaintiff in this divorce action. His address is 89 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Alimony; C. Costs and expenses; and d. Counsel fees. WHEREFORE, the Petitioner, Ruth N. Haulman, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT By: Marcus 60 West Pomfret S Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Petitioner, Pilar Martinez-Enge Date: December 17, 2007 2 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. RUTH N. HAULMAN Date: D e C ?? b4,L !7) ;7,L-? 7 3 N l'm n w N N 0 C'S Q ' 5 * ; C Z r r DEC 2 f 2M70?, r?_ RUTH N. HAULMAN, Plaintiff, V. JOHN W. HAULMAN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER RUTH N. HAULMAN, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Alimony; C. Alimony Pendente Lite; d. Costs and expenses; and e. Counsel fees. and in support of the motion states: 1. Discovery is complete as the claims(s) for which the appointment of a master is requested. The Plaintiff, Ruth N. Haulman, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Alimony, Alimony Pendente Lite, Costs and expenses; and Counsel fees. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half ('/2) day. 7. Additional information, if any, relevant to 4mey one. Date: December 19, 2007 APlaintiff ORDER APPOINTING MASTER t `? Cd. `C E ?uire, ilasappointed ?c AND NOW, nx sq Divorce Master with respect to the following claims: AA xi7 , R? B e Court: J. ,li p ,? ru N U © v ° Z?b ? J T V ` i ti r K 1 n Eff r E! 51 al-y\ na c? l'r'I C'1 40 !V M O M -c RUTH N. HAULMAN, Plaintiff V. JOHN W. HAULMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007-6804 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Sections 3301(c) and (d) of the Divorce Code was filed on November 8, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: a 2008 RUTH N. HAULMAN r. C _ c: v _- i "? wS" -' -: i t'4,? .__.? t _ ?? w .» t RUTH N. HAULMAN, Plaintiff V. JOHN W. HAULMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007-6804 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. J Date: , 2008 L. Gr Z ?Q Z,4 RUTH N. HAULMAN Plaintiff C) ; s RUTH N. HAULMAN, Plaintiff V. JOHN W. HAULMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007-6804 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Sections 3301(c) and (d) of the Divorce Code was filed on November 8, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: Z/ Z7 , 2008 JOHN W. HAULMAN 1 i _a RUTH N. HAULMAN, Plaintiff V. JOHN W. HAULMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007-6804 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ? 2- , 2008 JOHN W. HAULMAN Defendant t...1 a'+7 - „,gyp ; ?} y, RUTH N. HAULMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v ; CIVIL ACTION - LAW NO. 2007-6804 JOHN W. HAULMAN, Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE SAIDIS, FLOWER & LINDSAY MM46-Ack'6 SAIDIS, FLOWER & LINDSAY ?--w 26 West High Street Carlisle, PA To: Prothonotary Please enter my appearance as attorney for John W. Haulman, Defendant, in the above captioned matter. Dated: March 11, 2008 Maryl0_?Matas, Esquire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant c ? o cn cn -< RUTH N. HAULMAN, Plaintiff VS. JOHN W. HAULMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 6804 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 6 day of , 2008, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated April 11, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, c?, 1 G Edgar B. Bayley, P.J. cc: Marcus A. McKnight, III Attorney for Plaintiff 8Marylou Matas n Attorney for Defendant C_?.. UJ T Cl` _ i? cxa - MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this if'o" day of April 2008 by and between RUTH N. HAULMAN, (hereinafter referred to as "WIFE") and JOHN W. HAULMAN, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 17, 1992, in Hagerstown, Maryland. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2007-6804 Civil Term on November 8, 2007. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent 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 which conforms to a just and right standard, with due regard to the rights of each party. It is the intent 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. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter 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 nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit 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. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 3 7. REAL ESTATE: The parties own the property known as 89 Channel Drive, North Middleton Township, Carlisle, Pennsylvania 17013. HUSBAND agrees to convey his right, title and interest in the property to WIFE. This includes the marital residence and the garage located across the street. WIFE's attorney shall prepare the necessary deeds to transfer title. HUSBAND shall have sixty (60) days from the date of the execution of this Agreement to remove his personal belongings from the real estate as referenced on Exhibit "A". HUSBAND will remove himself from the marital residence upon the signing of this Agreement. 8. DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. At the time of execution of this Agreement, the parties acknowledge they have the following outstanding marital debts: A. M&T Visa (Ruth N. Haulman); B. Ford Credit (John W. Haulman); and C. M&T Visa (John W. Haulman). WIFE shall be responsible for the M&T Visa. HUSBAND shall be responsible for the Ford Credit debt. There are no other marital debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree that there will be no spousal support or alimony paid to each other. 4 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property listed on Exhibit "B"; b. His M&T checking accounts; c. Certificate of Deposit in the amount of $75,000.00; d. Any life insurance policy he owns or has an interest in; e. His IRA held at Nationwide; f. The joint Nationwide annuity with a current cash value of $94,447.00; g. The 5'h wheel Layton camper; h. The seafax boat with trailer; i. Harley Davidson motorcycle; j. Ford truck k. Horse trailer; 1. Blue utility trailer; m. 1996 Plymouth Voyager (son's vehicle); and n. One-half remaining balance of M&T money market account after payment Of taxes as listed in paragraph eleven (11) herein. WIFE shall receive the following items: a. The personal property in Exhibit "A"; b. Her bank accounts; and M&T and Sovereign; c. Any life insurance policyi S owns d Pi1e?S pr t? d. Her employee benefits earned through Carlisle School District; e. The real estate at 89 Channel Drive, Carlisle, PA 17013, with the house and garage included; 5 f. The CD in the amount of $10,000.00; g. One-half remaining balance of M&T money market account after payment of taxes, as listed in paragraph eleven (11) herein; h. Ford Escape; and i. The dog "Boots" and two (2) cats known as "Boo-Boo" and "Mr. Tom-T". The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. 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 then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. TAXES: The parties shall file a joint tax return for the 2007 tax year. Any tax liability incurred for federal, state, and local tax shall be paid from the M&T money market account held in HUSBAND's name. In addition, tax preparation fees shall be paid from this account. The remaining funds from the M&T money market account shall be divided equally between the parties. The current balance of the account is $66,768.73. Estimated tax liability is $38,067.00. Estimated tax preparation fees are $779.00. WIFE is entitled to her own Federal income tax rebate. t t-" " s ?o? f t?CQ 4-6 h t ts clo 4aY rcGxck . 6 For any tax return filed jointly, both parties agree that in the event any deficiency in Federal, State, or local income tax is proposed, or any assessment of any such tax is made against them, they will each indemnify and hold harmless the other from and against any loss or liability for any such 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 who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event there are additional tax liabilities, penalties or interest imposed or calculated for 2007 tax year, the parties will share equally any tax obligation or expenses to be paid. 12. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. HUSBAND agrees to sign title to the 2007 Ford Escape to WIFE. b. WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. They each waive any claim which they have in any automobile owned by the other party. The parties shall sign any document necessary to transfer titles to the respective individual owner within fifteen (15) days of execution of this Agreement. The person receiving title will be responsible for costs associated with the transfer. 13. INSURANCE EMPLOYEE AND MILITARY BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 7 WIFE specifically waives all right, title, and interest to HUSBAND's IRA held at Nationwide. HUSBAND specifically waives all right, title, and interest to WIFE's benefits earned through the Carlisle School District. 14. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 15. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. 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. Specifically, WIFE will sign whatever documents necessary to remove her name or waive her interest in the Nationwide annuity and $75,000.00 M&T Certificate of Deposit. 8 HUSBAND will sign whatever documents necessary to remove his name or waive his interest in the $10,000.00 M&T Certificate of Deposit. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 19. 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. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 9 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, 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, courtesy, 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: (SEAL) RUTH N. HAULMAN (SEAL) 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, this JL? day of April 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, RUTH N. HAULMAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. commoNW E'NNSY pN1A Notow M? L. Noel, Notary P Conviission Ems. IS, 2011 L*memb r, Pennsylvania Association of WWI" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, this./ g?-k day of April 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JOHN W. HAULMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. BARBARA L SK1% OdW090"Wbo"CM IPA WWn 11 EXHIBIT "A" ITEMS TO BE RETAINED BY RUTH N. HAULMAN German clock Pictures on walls Knick knacks, papers, pencils (10 totes) Papers and pictures (3 boxes) Dresser Fender guitar Bass guitar Hutch Small TV Queen-size bed Book rack Octable Butcher-block table Computer and printer Quilting frame/small quilting frame Barrels of material Tall lamps (2) Duck lamps (2) Sewing machines (2) Set of dishes, cups and glasses Washer Dryer Stove Old grill Seashell hangers My Mother's pressure cooker Cast iron tables (4) Breadbox Canister set Radio Assorted candles Bicycle (girls) Sears tractor Rototiller (8 horse tractor mount) Garden tools (some) Bread maker Vega-Matic Crockpot Stainless steel bowl set (6) Corning ware with lids (3) Coffee maker (30 cup) Pie dishes (2) Stainless steel steak knives (4) Racks (3) Paper towel holder Bread racks (3) Pancake griddle Serving trays (3) Tin pie pan Angel food cake pan Small flying pan Wire duck egg holder Collector spoons All quilts with the exception of John's Double wedding ring quilt Weed Eater All kitchen appliances f? N \A All contents of spare bedroom All contents in quilting room Touch lamp Floor lamps (2) Stationary exercise bike Childs wagon Bench Folding chairs (12) Folding tables (2) EXHIBIT "B" TEMS TO BE RETAINED BY JOHN W. HAULMAN Mexico picture Antique desert picture Zero turn Ferris mower Front-end loader Butcher equipment Steer Welders/Splitter Guns Tools Canning jars (one-half) Ten gallon -12-volt sprayer Drill press Grinder Picnic table with bench Jelly cupboard Maple roll top desk (small) Acetylene torch Rototiller (5 horse) Rototiller (2 horse) Rototiller (1 horse) Oak desk/chair (living room/his bedroom) Wooden rocker (handmade) in living room Mantle clock (8 day) Bedroom furniture Living room television Air compressor Garden tools (some) Juice presser Wood chipper Aluminum step ladder (basement) China closet in living room with contents Bicycle (boys) Smoker Pressure washer Upright freezer Three-burner gas camp stove Farm picture Gun cabinet Two end tables Two sunflower pots Marble top stand Generator Leaf blower Table saw 2ND q_? - U? RUTH N. HAULMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-6804 CIVIL TERM JOHN W. HAULMAN, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on November 12, 2007, via personal service. Proof of service was filed with the Court on November 15, 2007. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: Ruth N. Haulman and filed with the Prothonotary on February 27, 2008. By Defendant: John W. Haulman and filed with the Prothonotary on February 27, 2008. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: Ruth N. Haulman and filed with the Prothonotary on February 27, 2008. By Defendant: John W. Haulman and filed with the Prothonotary on February 27, 2008. SAIDIS, FLOWER & LINDSAY FI-O`?VERR ? UNDS" xruw 26 West High Street Carlisle, PA Marylo atas, Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 co s C- d G Gl'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RUTH N. HAULMAN _y 2007-6804 No. VERSUS JOHN W. HAULMAN DECREE IN DIVORCE AND NOW, /771Q., IT IS ORDERED AND RUTH N. HAULMAN DECREED THAT AND JOHN W. HAULMAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 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; The terms of the Separation and Property Settlement Agreement dated April 11, 2008 are BY THE COURT: PROTHONOTARY incorporated, but not merged, into this Decree in Divorce. 1014 -le -,-tw --- ,r_? Ir ?,44 ?? hl-llc- , xI- RUTH N. HAULMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM JOHN W. HAULMAN, Defendant/Respondent IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 8th day of July 2008, comes the Petitioner, Ruth N. Haulman, by her attorneys, Irwin & McKnight, and makes the following Petition for Special Relief against the Respondent, John W. Haulman, as follows: 1. The Petitioner is Ruth N. Haulman and is the Plaintiff in a divorce action filed at 2007- 6804 in Cumberland County, Pennsylvania. Her address is 89 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is John W. Haulman and is the Defendant in this divorce action. 3. On April 11, 2008 the parties signed a Marriage Settlement Agreement. A copy of which is attached hereto and marked as Exhibit "A". Paragraph seven (7) states that the Repondent agrees to convey his right, title and interest in the property to the Petitioner. A Decree in Divorce was issued on May 13, 2008, by the Honorable Kevin A. Hess. A copy of said Decree is attached hereto and marked as Exhibit "B". 4. On May 19, 2008, the Petitioner's attorney forwarded the Deeds to the Respondent's attorney for the Respondent's signatures. A copy of said letter with two (2) Deeds is attached hereto and marked as Exhibit "C". 3 5. Despite repeated requests to the Repondent's attorney, the Respondent has failed to sign and/or return the signed Deeds to the property located at 89 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013 to the Petitioner's attorney. 6. Paragraph fifteen (15) of the Marriage Settlement Agreement states that if either party breaches any provisions of the Agreement, the other party should have the right to sue for damages for such breach or seek such other remedies or relief as may be available, and the party breaching of the contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under the Marriage Settlement Agreement. 7. The Petitioner seeks reasonable legal fees as provided by paragraph fifteen (15) of the Marriage Settlement Agreement for this Petition for Special Relief. WHEREFORE, the Petitioner, Ruth N. Haulman, seeks a rule to show cause why the Respondent should not: Why the Respondent should not sign and return the Deeds to the property located at 89 Channel Drive, Carlisle, Pennsylvania as stated in pargraph seven (7) of the Marriage Settlement Agreement. 2. Why the Respondent should not be liable for reasonable legal costs and expenses incurred by the Petitioner in the enforcement of paragraph fifteen (15) of the Marriage Settlement Agreement. Respectfully submitted, By: Date: July 8, 2008 IRWIN & McKNIGHT Ma us A. Mc ight, III, Esquire 60 est Pomfret treet Carl le, PA 17 3 717-24'9-- 3 Supreme Court I.D. No: 25476 4 EXHIBIT "A" MARRIA GE SETTLEMENT A GREEMENT THIS AGREEMENT made this day of April 2008 by and between RUTH N. HAULMAN, (hereinafter referred to as "WIFE") and JOHN W. HAULMAN, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 17, 1992, in Hagerstown, Maryland. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2007-6804 Civil Term on November 8, 2007. The panties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent 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 which conforms to a just and right standard, with due regard to the rights of each party. It is the intent 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. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter 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 nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit 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. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 3 7. REAL ESTATE: The parties own the property known as 89 Channel Drive, North Middleton Township, Carlisle, Pennsylvania 17013. HUSBAND agrees to convey his right, title and interest in the property to WIFE. This includes the marital residence and the garage located across the street. WIFE's attorney shall prepare the necessary deeds to transfer title. HUSBAND shall have sixty (60) days from the date of the execution of this Agreement to remove his personal belongings from the real estate as referenced on Exhibit "A". HUSBAND will remove himself from the marital residence upon the signing of this Agreement. 8. DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. At the time of execution of this Agreement, the parties acknowledge they have the following outstanding marital debts: A. M&T Visa (Ruth N. Haulman); B. Ford Credit (John W. Haulman); and C. M&T Visa (John W. Haulman). WIFE shall be responsible for the M&T Visa. HUSBAND shall be responsible for the Ford Credit debt. There are no other marital debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree that there will be no spousal support or alimony paid to each other. 4 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property listed on Exhibit "B"; b. His M&T checking accounts; c. Certificate of Deposit in the amount of $75,000.00; d. Any life insurance policy he owns or has an interest in; e. His IRA held at Nationwide; f. The joint Nationwide annuity with a current cash value of $94,447.00; g. The 5' wheel Layton camper; h. The seafax boat with trailer; i. Harley Davidson motorcycle; j. Ford truck k. Horse trailer; 1. Blue utility trailer; m. 1996 Plymouth Voyager (son's vehicle); and n. One-half remaining balance of M&T money market account after payment Of taxes as listed in paragraph eleven (11) herein. WIFE shall receive the following items: a. The personal property in Exhibit "A"; b. Her bank accounts; and M&T and Sovereign; c. Any life insurance policyh 4,Lc a? as o, d. Her employee benefits earned through Carlisle School District e. The real estate at 89 Channel Drive, Carlisle, PA 17013, with the house and garage included; 5 f. The CD in the amount of $10,000.00; g. One-half remaining balance of M&T money market account after payment of taxes, as listed in paragraph eleven (11) herein; h. Ford Escape; and i. The dog "Boots" and two (2) cats known as "Boo-Boo" and "Mr. Tom-T". The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. 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 then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. TAXES: The parties shall file a joint tax return for the 2007 tax year. Any tax liability incurred for federal, state, and local tax shall be paid from the M&T money market account held in HUSBAND's name. In addition, tax preparation fees shall be paid from this account. The remaining funds from the M&T money market account shall be divided equally between the parties. The current balance of the account is $66,768.73. Estimated tax liability is $38,067.00. Estimated tax preparation fees are $779.00. WIFE is entitled to her own Federal income tax rebate. A.k?C?,c?r.r. s i' 6 For any tax return filed jointly, both parties agree that in the event any deficiency in Federal, State, or local income tax is proposed, or any assessment of any such tax is made against them, they will each indemnify and hold harmless the other from and against any loss or liability for any such 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 who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event there are additional tax liabilities, penalties or interest imposed or calculated for 2007 tax year, the parties will share equally any tax obligation or expenses to be paid. 12. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. HUSBAND agrees to sign title to the 2007 Ford Escape to WIFE. b. WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. They each waive any claim which they have in any automobile owned by the other party. The parties shall sign any document necessary to transfer titles to the respective individual owner within fifteen (15) days of execution of this Agreement. The person receiving title will be responsible for costs associated with the transfer. 13. INSURANCE. EMPLOYEE AND MILITARY BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 7 WIFE specifically waives all right, title, and interest to HUSBAND's IRA held at Nationwide. HUSBAND specifically waives all right, title, and interest to WIFE's benefits earned through the Carlisle School District. 14. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 15. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. 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. Specifically, WIFE will sign whatever documents necessary to remove her name or waive her interest in the Nationwide annuity and $75,000.00 M&T Certificate of Deposit. 8 HUSBAND will sign whatever documents necessary to remove his name or waive his interest in the $10,000.00 M&T Certificate of Deposit. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 19. 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. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 9 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, 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, courtesy, 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: 11 '/ i"{6• ?('`-? (SEAL) RUTH N. HAULMAN 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, this day of April 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, RUTH N. HAULMAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she 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 Martha L. Noel, Notary Public Cadisle Born, Cumberland County My CAmmission E)ires Sept 18, 2011 Member. Pennsylvania Associatlon of Notprles COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, thisday of April 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JOHN W. HAULMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. - i BARBARA L STU 4 hale Ctvlisk Bono, Creditelelod , PA M C0MMisaioa ire" J 7, 11 11 EXHIBIT "A" ITEMS TO BE RETAINED BY RUTH N. HAULMAN German clock Pictures on walls Knick knacks, papers, pencils (10 totes) Papers and pictures (3 boxes) Dresser Fender guitar Bass guitar Hutch Small TV Queen-size bed Book rack Octable Butcher-block table Computer and printer Quilting frame/small quilting frame Barrels of material Tall lamps (2) Duck lamps (2) Sewing machines (2) Set of dishes, cups and glasses Washer Bicycle (girls) Sears tractor Rototiller (8 horse tractor mount) Garden tools (some) Bread maker Vega-Matic Crockpot Stainless steel bowl set (6) Corning ware with lids (3) Coffee maker (30 cup) Pie dishes (2) Stainless steel steak knives (4) Racks (3) Paper towel holder Bread racks (3) Pancake griddle Serving trays (3) Tin pie pan Angel food cake pan Small frying pan Wire duck egg holder Dryer Stove Old grill Seashell hangers My Mother's pressure cooker Cast iron tables (4) Breadbox Canister set Radio Assorted candles All contents of spare bedroom All contents in quilting room Touch lamp Floor lamps (2) Stationary exercise bike Childs wagon Bench Folding chairs (12) Folding tables (2) Collector spoons All quilts with the exception of John's Double wedding ring quilt Weed Eater All kitchen appliances ?,J GU EXHIBIT "B" TEMS TO BE RETAINED BY JOHN W. HAULMAN Mexico picture Canning jars (one-half) Antique desert picture Ten gallon -12-volt sprayer Zero turn Ferris mower Drill press Front-end loader Grinder Butcher equipment Picnic table with bench Steer Jelly cupboard Welders/Splitter Maple roll top desk (small) Guns Tools Acetylene torch Rototiller (5 horse) Rototiller (2 horse) Rototiller (1 horse) Oak desk/chair (living room/his bedroom) Wooden rocker (handmade) in living room Mantle clock (8 day) Bedroom furniture Living room television Air compressor Garden tools (some) Juice presser Wood chipper Aluminum step ladder (basement) China closet in living room with contents Bicycle (boys) Smoker jv Pressure washer • l T Upright freezer Three-burner gas camp stove /y Farm picture Gun cabinet Two end tables Two sunflower pots Marble top stand Generator Leaf blower Table saw 8 EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RUTH N. HAULMAN No. VERSUS JOHN W. HAULMAN 2007-6804 DECREE IN DIVORCE DECREED THAT AND AND NOW, May 13 RUTH N. HAULMAN JOHN W. HAULMAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. . PLAI NTI FF, ,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; The terms of the Separation and Property Settlement Agreement dated April 11, 2008 are incorporated, but not merged, into this Decree in Divorce. BY THE COURT: Kevin A. Hess ATTEST: J PROTHONOTARY Certified Copy Issued: ay 13, 2 08 ,2008 , IT IS ORDERED AND EXHIBIT "C" LAW OFFICES IRON & McKNI GHT ROGER B. IRWIN MARCUS A. MCKNIGHT. III DOUGLAS G. MILLER STEPHENL. BLOOM MATTHEW A. McKNIGHT VIA HAND DELIVERY MARYLOU MATAS, ESQUIRE SAIDIS FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 RE: RUTH N. HAULMAN V. JOHN W. HAULMAN 2007-6804 Dear Marylou: (717) 249-2353 FAX (717) 249-6354 WWW.IRW/NMCKNIGHT. COM May 19, 2008 HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN. JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN. IRWIN & McKNIGHT 0986-1994) IRWIN, MCKNIGHT & HUGHES (1994-2003) IRWIN & MCKNIGHT (2003- ) FILE COPY Enclosed please find the deeds which I have prepared on behalf of Ruth N. Haulman. Please have Mr. Haulman sign each deed and return them to me as soon as possible. Very truly yours, IMcIRMcKNIGHT , WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 MAM:clc Enclosures cc: Ms. Ruth N. Haulman C0 P Y PARCEL # 29-18-1371-016 THIS DEED, MADE THE day of May in the year two thousand eight (2008) BETWEEN JOHN W. HAULMAN AND RUTH N. HAULMAN, husband and wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantors, AND RUTH N. HAULMAN, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantee: WITNESSETH, that in consideration of the sum of One and no/100 ($1.00) Dollar, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, her heirs and assigns: ALL those two (2) certain tracts of land with improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Parcel No 1. Lot No 19 on the Plan of Lots known as Green Meadows, as recorded in Cumberland County Plan Book 3, Page 110; having a frontage of 50 feet and a depth of 125 feet, more or less, to the channel of the creek in the rear; and together with the right of free and uninterrupted ingress and egress to the channel of the creek. Parcel No 2. Situate directly across the channel of the creek from Tract No. 1 hereinabove described, containing 50 feet along said channel on the north 174 feet, more or less, on the west 50 feet along said creek on the south and 175 feet, more or less on the east. Being improved with a frame dwelling house known as 89 Channel Drive. BEING Parcel No 3 and Tract No 2 which Ruth N. Paulus, now by marriage Ruth N. Haulman and John W. Haulman granted and conveyed to John W. Haulman and Ruth N. Haulman, his wife, by Deed dated November 30, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book R, Volume 36, Page 442. AND the said Grantor hereby covenants and agrees that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day, month and year first above written. Signed Sealed and delivered In the presence JOHN W. HAULMAN RUTH N. HAULMAN 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the day of May, 2008, before me the undersigned officer, personally appeared JOHN W. HAULMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. (SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the day of May, 2008, before me the undersigned officer, personally appeared RUTH N. HAULMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. (SEAL) Notary Public I do hereby certify that the precise residence and complete post office address of the within named Grantees is , 2008 Attorney for Grantees IRWIN & McKATGHT ATTORNEYS AT LAW 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 4 % ^OVY PARCEL # 29-18-1371-002 and 003 THIS DEED, MADE THE day of May in the year two thousand eight (2008) BETWEEN JOHN W. HAULMAN AND RUTH N. HAULMAN, husband and wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantors, AND RUTH N. HAULMAN, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantee: WITNESSETH, that in consideration of the sum of One and no/100 ($1.00) Dollar, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, her heirs and assigns: ALL those two (2) certain tracts of land with improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Parcel No 1. BEGINNING at a stake on the east side of Channel Drive; thence by the same, South 36 degrees East 50 feet to a stake; thence by land now or formerly of Peach Belle Stine, North 54 degrees East 150 feet to a stake; thence by the same, North 36 degrees West 50 feet to a stake; thence by land now or formerly of J. Russell Barrick, South 54 degrees West 150 feet to the Place of BEGINNING. Parcel No 2. BEGINNING at a point on the northeastern side of a township road 33 feet wide, which point is 237 feet measured South 34 degrees 30 minutes East from the southeastern side of Max Avenue, and at line of land now or formerly of C. K. Snyder; thence by said land, North 55 degrees 30 minutes East 150.15 feet to a point; thence by land now or formerly of Peach Belle Stine, South 34 degrees 30 minutes East 50 feet to a point; thence by the same, South 55 degrees 30 minutes West 150.15 feet to a point on the northeastern side of township road; thence by said road, North 34 degrees 30 minutes West 50 feet to the Place of BEGINNING. BEING Parcel No. 1 and Parcel No. 2 which Ruth N. Paulus, now by marriage Ruth N. Haulman and John W. Haulman granted and conveyed to John W. Haulman and Ruth N. Haulman, his wife, by Deed dated November 30, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book R, Volume 36, Page 442. AND the said Grantor hereby covenants and agrees that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day, month and year first above written. Signed, Sealed and delivered In the presence JOHN W. HAULMAN RUTH N. HAULMAN 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the day of May, 2008, before me the undersigned' officer, personally appeared JOHN W. HAULMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. (SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the day of May, 2008, before me the undersigned officer, personally appeared RUTH N. HAULMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. (SEAL) Notary Public 3 I do hereby certify that the precise residence and complete post office address of the within named Grantees is 2008 Attorney for Grantees IRWIN & McKNIGHT ATTORNEYS AT LAW 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 4 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. RUTH N. HAULMAN Date: July 8, 2008 5 RUTH N. HAULMAN, Plaintiff/Petitioner, V. JOHN W. HAULMAN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Marylou Matas, Esq. Saidis Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN & McKNIGHT By: cus A. cKnight, III, Esquire 0 est Pom et Street lisle. P 013 (717)-24V-2353 Supreme Court I.D. No. 25476 Date: July 8, 2008 6 k RUTH N. HAULMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHN W. HAULMAN, : Defendant NO. 07-6804 CIVIL TERM ORDER OF COURT AND NOW, this 15`h day of July, 2008, upon consideration of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 /Attorney for Plaintiff Marylou Matas, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant :rc erns ids m?I LL y/e?/o9 VINVJtW^, 43d L ! :9 WV 91 Inr OOOZ A8ViGlNuriO8kH1 J4 ??, RUTH N. HAULMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM JOHN W. HAULMAN, Defendant IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW comes the Plaintiff, Ruth N. Haulman, by and through her attorney, Marcus A. McKnight, III, Esquire, of the law firm of Irwin & McKnight, and respectfully requests this Honorable Court make absolute the Rule to Show Cause and in support thereof avers as follows: 1. On July 16, 2008, the J. Wesley Oler, Jr. signed a Rule to Show Cause in this case, said Rule returnable 20 days from service upon the parties. 2. The Rule was served upon the Defendant, John W. Haulman, on July 23, 2008, by personal service to his attorney's office, Saidis, Flower & Lindsay, at 26 West High Street, Carlisle, PA 17013. 3. The attorney of record for the Defendant is Marylou Matas, of Saidis, Flower & Lindsay, 26 West High Street, Carlisle, PA 17013 4. No objection to Plaintiff's Motion for Special Relief has been made. 5. Defendants were required to show cause, if any, by August 14, 2008. 6. To date, no response to the Rule to Show Cause has been filed by the Defendant. WHEREFORE, Petitioner moves that this Honorable Court make the Rule Absolute and grant the requested relief contained in the Petition. 2 WHEREFORE, Petitioner moves that this Honorable Court make the Rule Absolute and grant the requested relief contained in the Petition. Respectfully submitted, IRWIN COT %Es e ""//, Marc S A. nStreet Supre e 60 West Po Carlisle, P(717) 249-235Dated: August 2 0, 2008 s RUTH N. HAULMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM JOHN W. HAULMAN, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Motion to Make Rule Absolute was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Marylou Matas, Esq. Saidis Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN cKNIGHT By: Marc s A. AkCknight, III, Esquire 60 W st Pomfret Street Carlis e, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 August 20, 2008 4 t-4.1 0 ?. ua -r? RUTH N. HAULMAN, Plaintiff/Petitioner, V. JOHN W. HAULMAN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, -r C1--F? e ' , hereby verify that I accepted service by hand delivery of the Petition for Special Relief, Order of Court and letter addressed to Marylou Matas, Esq. in the above-captioned case. Date: July 23, 2008 0 Co rtl f i -ri re °:{CJ ?:. -p i - -r r .. .--+ .f y aur, z z zooe,, 1 RUTH N. HAULMAN, Plaintiff, V. JOHN W. HAULMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 6804 CIVIL TERM IN DIVORCE J ORDER OF COURT AND NOW, this day of August, 2008, upon consideration of the Plaintiff's Petition to Make Rule Absolute, it is hereby Ordered and Decreed that the Rule issued July 16, 2008, is hereby made absolute and the following relief requested is hereby ordered: a. Defendant is ordered to produce the signed deeds for the property located at 89 Channel Drive, Carlisle, PA as stated in the Marriage Settlement Agreement dated April 11, 2008; and b. Defendant is ordered to pay Plaintiff's reasonable attorney's fees and costs related to the filing of the Motion for Special Relief in the amount of $500.00 within 30 days of the date of this Order. us A. McKnight, III, Esq. Attorney for Plaintiff arylou Matas, Esq. J Attorney for Defendant -Nno 00 .C 1,1d LZ On° OOOI