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HomeMy WebLinkAbout08-5442 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JOAN D. HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ADAM J. HALL, : NO. 08 - CIVIL TERM 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 maybe 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 .b STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JOAN D. HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ADAM J. HALL, : NO.08 - CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO 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 Joan D. Hall, an adult individual residing at 19 E. Eppley Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is Adam J. Hall, an adult individual believed to be residing at his parents' residence at RR 3 Box 354, Troy, Pennsylvania 16947. 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 parties were married on May 28, 1999, in San Antonio, Texas. 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 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 demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. NZA. ) )Q, , 2008 an D. Hall, Plaintiff WOLF & WOLF 2008 BY: 4LV STACY B. OLF, ESQU Supreme Court ID #88732 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff (b n 7b Vv P (n O 7Q"' 0 v m r? -v N s A? - fT -?G STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JOAN D. HALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM J. HALL, Defendant : CIVIL ACTION - LAW NO. 08 - 544.2 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 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 Prothonotarys 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 unworn falsification to authorities. 2008 an D. Hall, P intiff O L rb ca e? cxy cn r? tv r;v STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JOAN D. HALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ADAM J. HALL, Defendant CIVIL ACTION - LAW NO. 08 - 'sy' a- CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Adam J. Hall, certify that I am the defendant in this matter. Furthermore, I hereby certify that on 2008, I received a certified copy of the divorce complaint filed in this action. 1'2- P 7 , 2008 Adam J. all Defendant o Q -n r J?' i ai? MCD Yd ? ? STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JOAN D. HALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM J. HALL, Defendant : CIVIL ACTION - LAW : NO.08 - 44 a CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, 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 Prothonotar '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 unswom falsification to authorities. ?? S? J 92008 Adam J. all, efendant RE-CCIVF-o S a JOAN D. HALL, Plaintiff VS ADAM J. HALL Defendant To The Prothonotary : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 08-5442-CV DIVORCE PRAECIPE OF ENTRY OF APPEARANCE Please enter the appearance of the undersigned counsel with respect to the Defendant, Adam J. Hall. Respectfully submitt , NEALON GO P RR By: James G. Nealon, III Supreme Court ID #46457 2411 North Front Street Harrisburg, PA 17110 Dated: 0' (? ?? CERTIFICATE OF SERVICE AND NOW, this 26th day of September, 2008, I hereby certify that I have served the foregoing Entry of Appearance on the following by U.S. Mail: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 James G. Nealon, II, Esquire C ...c ? ,? ? -Ya ? „ ' ? ,?. ? : ' . :=r ?, . ; , ?,,.,, ? . . ?. `1 ?- JOAN D. HALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS DOCKET NO.: ADAM J. HALL Defendant DIVORCE ACTION 08-5442-CV PRAECIPE FOR WITHDRAWAL OF APPEARANCE To The Prothonotary Please withdraw the appearance of the undersigned counsel with respect to the Defendant, Adam J. Hall. Dated: ilk j 1') Respectfully submitted, NEALON LAW, P? r By: James G. Nealon, III, Esquire Supreme Court ID #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 [ O _ y p D CO ?fi ? ? 'I ' 0-i i C - (,J *C d Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JOAN D. HALL, Plaintiff NO. 08-5442 CIVIL TERM VS. IN DIVORCE ADAM J. HALL, Defendant TO THE PROTHONOTARY: ENTRY OF APPEARANCE Please enter my appearance on behalf of the DEFENDANT, ADAM J. HALL, in the above-captioned matter. All papers may be served on the undersigned. MCQUAIDE, BLASKO, FLEMING & FAULKNER, INC. By: "?(' Z4:? - Steven S. Hurvitz, Esqu' Attorney I.D. #23794 Attorneys for Defendant 811 University Drive State College, PA 16801 Ph: (814) 238-4926 Fax: (814) 234-5620 N Date: February 2010 - C j m ::0DMA\PCD0CS\D0CSLIB2\419952\ I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JOAN D. HALL, Plaintiff NO. 08-5442 CIVIL TERM vs. IN DIVORCE ADAM J. HALL, Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Defendant's Praecipe for Entry of Appearance in the above-captioned matter was mailed by first class mail, at the Post Office, State College, Pennsylvania, on this It day of February, 2010 to the Plaintiffs counsel: Susan B. Wolf, Esquire WOLF & WOLF ATTORNEYS AT LAW 10 West High Street Carlisle, PA 17013 MCQUAIDE, BLASKO, FLEMING & FAULKNER, INC. By: ???V'I'. Steven S. Hurvitz, Esquii Attorneys for Defendant Pa. I.D. #23794 811 University Drive State College, PA 16801 Ph: (814) 238-4926 Fax: (814) 234-5620 ::0DMA\PCD0CS\D0CSLIB2A 19952\l JOAN D. HALL, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2008-5442 ADAM J. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS Defendant hereby withdraws all economic claims previously raised by him and pending in the within proceedings. Respectfully submitted, CD ' - X: >-- ?C -Jcn ca M w Mrs.. Date: December 5, 2010 McQUAIDE BLASKO By: Steven S. Hurvitz, Pa.I.D. #23794 Attorneys for Plaintiff 811 University Drive State College, PA 16801 (814) 238-4926 JOAN D. HALL, r" F1LE0-QFFIC? (JF THE FrROTHO?40 ?`11V 4 COURT OF COMMO PLEAS 2010 QEC 29 ptf aERLAND COUNTY, PE SYLVANIA VS. '--U? ??5y?..VA?,??_? r CIVIL DIVISION ADAM J. HALL, 'f f NO. 08-5442 CIVIL TERM 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 § (3301(c)) and § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Divorce Complaint was served on Defendant on or about 17 September 2008. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 23 December 2010 ;by defendant 10 Decem er 2010 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) a idavit upon the respondent opposing party: 4. Related claims pending: 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file pr ecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: Dated 23 December 2010 and filed contemporane usly herewith. Date defendant's Waiver of Notice was filed with the Prothonotary: Dated 10 December 2010 and filed contemporaneously herewith. Attorney for -Z? 4? Zc) k 0 FILED-OFFICE OF THE PROT OINO 1 R" 2010 DEC 29 PM 3: H 'CUMBERLAND GOUtHF, JOAN D. HALL, P ENN S Y.Wft COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2008-5442 ADAM J. HALL, : CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Di orce Code was filed on September 12, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. Adam J. Hall, Defendant, consents to the entry of a final ecree of divorce. 4. I understand that if a claim for alimony, alimony pendent lite, marital property or counsel fees or expenses has not been filed with the court before the try of a final decree in divorce, the right to claim any of them will be lost. The party whose signature appears below verifies that the statem nts made in this affidavit are true and correct, and that they are made subject to the penal 'es of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Dated: 16 0@ C-10 Adam J. Hall OF TH /pC? F1,f ?E ?? 2010 OEC 29 Pty 3.0C CUMBE JOAN D. HALL, PE . eAN `T ' OF COMN : C D COUNTY, Plaintiff NO. 2008-5442 ADAM J. HALL, : CIVIL ACTION -LAW Defendant : IN DIVORCE 1. I consent to the entry of a final decree of divorce 2. I understand that I may lose rights concerning alimony, lawyer's fees or expenses if I do not claim them before a divorce is gr 3. I understand that I will not be divorced until a Divorce PLEAS OF TNSYLVANIA notice. of property, 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 f a l s e s t a t e m e n t s h e r e i n a r e made s u b j e c t to t h e penalties of 18 Pa.C.S. § unsworn falsification to authorities. Date: L0 De/( /() I understand that relating to Adam J. Hall, 2110 29 P 3 4: . JOAN D. HALL, ) IN THE COURT OF COMMON Plaintiff ) PLEAS O CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 08-5,142 CIVIL TERM ADAM J. HALL, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divor e Code was filed on or about 8 September 2008 and served upon the Defendant on or about 17 September 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of se ice of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after ervice of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver o the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counselin and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not quest that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date D. I L E 0 Cr F F ,. ?-- rag r JOAN D. HALL, Plaintiff vs. ADAM J. HALL, Defendant I Df 7 r 29 RM 3: „ IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY PENNSYLVANIA CIVIL NO. 08- IN DIVO 1. I consent to the entry of a final decree in divorce without 2. I understand that I may lose rights concerning alimony, divi 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 decr( and that a copy of the decree will be sent to me immediately after it is Prothonotary. I verify that the statements made in this Waiver are true and false statements herein are subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. WOVU Date D. - LAW 2 CIVIL TERM of property, lawyers is entered by the court with the I understand that io# 4904 relating to JOAN D. HALL, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ; : NO. 2008-5442 ADAM J. HALL, : CIVIL ACTION - LAW Defendant IN DIVORCE C Defendant hereby withdraws all economic claims previously in the within proceedings. Respectfully submitted, MCQUAIDE By; Steven S. Pa.I.D. #2 Attorneys 811 Univ( State Coll Date: December .& 2010 (814)238 by him and pending iurvitz,JF--<W 794 or Plaintiff sity Drive ;e, PA 16801 .926 rw ° ? L .-w CD a , 22 JTJ JOAN D. HALL, ) PLAINTIFF ) VS. ) ADAM J. HALL, ) DEFENDANT ) PRAECIPE TO THE PROTHONOTARY: IN THE C( PLEAS OF COUNTY, CIVIL AC'I NO. 2008- IN DIVOR ( Please withdraw all economic claims, including, without 1: distribution, alimony, alimony pendente lite and counsel fees and or on behalf of the Plaintiff in the above matter. 21 December 2010 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'b Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 OF COMMON YLVANIA N-LAW claims for equitable previously filed by d 2zDko :rte q rn c _.. , _,. =r C3 JOAN D. HALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM J. HALL, : NO. 08-5442 CIVIL TERM DIVORCE DECREE AND NOW9 31 -2-t-) 1-0 , it is ordered and decreed that JOAN D. HALL, , plaintiff, and ADAM J. HALL, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None Rv the Caurt_ i1shi/ . i A/o *&* f depy r lmo( fo ffc?wit2 Ara IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, Plaintiff/Petitioner C? el vs. ) No. 2008-5442 `- rnr=- IN DIVORCE te JOAN D. HALL, ) r - °, Defendant/Respondent ) r; C) nQ T C) -T c' PLAINTIFF'S PETITION FOR CONTEMPT -+ ?- c) x? TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the above-named Plaintiff, Adam J. Hall, by and through his counsel, Steven S. Hurvitz, Esquire of McQuaide Blasko, Inc. and Petitions the Court under the terms of the parties' Marriage Settlement Agreement and in support thereof alleges as follows:. The parties were divorced by Decree dated December 31, 2010. 2. The economic claims pending in the divorce proceedings were resolved pursuant to a Marriage Settlement Agreement dated December 13, 2010, a copy of which is attached hereto as Exhibit "A." 3. Pursuant to Paragraph B (1) of the parties' Marriage Settlement Agreement, Defendant was required to make available to Husband, a china set given to Husband by his grandmother within ten (10) days of the execution of the Agreement. 4. From and after the execution of the Marriage Settlement Agreement, Plaintiff has made numerous demands that Wife permit him to retrieve his grandmother's china set, all of which have been ignored. Through her actions in failing to make the china set available to Husband, Wife is in violation of the terms of the Marriage Settlement Agreement. 5. Pursuant to Paragraph D of the Marriage Settlement Agreement, in the event either party defaults with respect to his or her obligations under the Agreement, such party is required to reimburse the non-defaulting party the reasonable attorneys' fees incurred in enforcing the Agreement. :ODMA\PCDOCS\DOCS LIB2\451755\ 1 WHEREFORE, Plaintiff/Petitioner requests that the Court enter an Order as follows: a) Directing Defendant to immediately make available to Plaintiff, his grandmother's china set; and b) That the Court order Defendant to pay Plaintiff's reasonable counsel fees incurred in enforcing the Marriage Settlement Agreement. Respectfully submitted: McQUAIDE BLASKO, INC. By: Steven S. Hurvitz, Es Pa. I.D. #23794 Attorneys for Plaintiff/Petitioner Date: July 2011 811 University Drive State College, PA 16801 Ph: (814) 238-4926 Fax: (814) 234-5620 :ODM A\PCDOCS\DOCSLIB2\451755\ 1 VERIFICATION I, Adam J. Hall, Plaintiff/Petitioner hereby verify that the statements made in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and/or belief. 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. Adam J. , la intiff/Petitioner Dated: r) ?'), 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, Plaintiff/Petitioner ) vs. ) No. 2008-5442 IN DIVORCE JOAN D. HALL, ) Defendant/Respondent ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff/Petitioner's Petition for Contempt in the above-referenced matter was mailed by regular mail, first class, at the Post Office of State College, Pennsylvania, postage prepaid, this .37*day of July, 2011, to the attorney for Defendant/Respondent as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 McQUAIDE BLAO, IN . By: A SK Steven S. Hurvitz, Esquire Pa. I.D. # 23794 Attorneys for Plaintiff 811 University Drive State College, PA 16801 Ph: (814) 238-4926 Fax: (814) 234-5620 ::ODMA\PCDOCS\DOCSLI132\451755\ l EXHIBIT "A" ::ODMA\PCDOCS\DOCS LIB2\451755\ 1 MARRIAGE SETTLEMENT AGREEMENT Between Adam J. Hall And Joan D. Hall THIS AGREEMENT is made and entered into this , day of December, 2010, by and between ADAM J. HALL of RR 3, Box 354, Troy, Pennsylvania (hereinafter "Husband") and JOAN D. HALL of 19 East Eppley Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter "Wife"). Wife and Husband are hereinafter collectively referred to as the "Parties." WITNESSETH: WHEREAS, the Parties were Husband and Wife, having been married on May 28, 1999, and; WHEREAS, there were no children born of the marriage; and WHEREAS, the parties intend to live separate and apart for the rest of their lives and are desirous of settling completely and finally the economic and other rights and obligations between each other; NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof, and for other good and sufficient consideration, the receipt of which is hereby acknowledged, the parties intending to be legally bound by this Agreement, agree as follows: A. GENERAL. 1. INTENTION WITH RESPECT TO A DIVORCE. Husband filed a Divorce Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania at No. 2008-5473, wherein he requested a divorce pursuant to Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code. On August 23, 2010, Husband filed an Affidavit of Consent to the Divorce under Section 3301(d). Wife subsequently filed her Counter- Affidavit under Section 3301(d) on September 7, 2010 in which she stated that she did not oppose the entry of a Divorce Decree. The parties agree to conclude the divorce by the end of December 2010. 2. EFFECT OF DIVORCE DECREE. This Agreement shall continue to be effective after the entry of a final decree in divorce between the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. This Agreement shall be incorporated into, but not merged with, the Divorce Decree to be entered in this case, with the Court retaining continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of its provisions. This Agreement shall survive the Decree in Divorce and shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the divorce caption, including Section 3105 of the Divorce Code. -2- 4. EFFECTIVE DATE. The Effective Date of this Agreement shall be the same as hereinabove specified on the first page of this Agreement. 5. ADVICE OF COUNSEL. a) This Agreement has been prepared by Steven S. Hurvitz, Esquire, who serves solely as Husband's counsel. Wife has retained Samuel L. Andes, Esquire, as her legal counsel and has been advised as to her legal rights and obligations arising out of the marriage and impending divorce and in the negotiation of this Agreement. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair and reasonable under the circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement or agreements. b) Each party hereby waives any and all claims- and/or demands upon his or her attorney which may or might arise out of any lack of investigation and discovery in the preparation of this document, or lack of the tax advice concerning the consequences thereof. 6. PERSONAL RIGHTS, The parties intend hereafter to live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. They shall not molest, harass, disturb or malign each other or the respective families of the other nor compel or attempt to compel the other to cohabit or dwell with him or her. -3- 7, MUTUAL RELEASES, Except as otherwise provided for in this Agreement, and except for any entitlement to social security benefits which may have arisen as a result of the marital relationship: a) Each party hereby releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either has or at any time hereinafter may have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of this or any other jurisdiction. b) Each party hereby releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exception or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. Except as set forth in this agreement, or as set forth in a change of beneficiary -4- designation executed following the entry of the divorce decree, the parties each waive and release any and all right to receive insurance proceeds at the death of the other, whether as named beneficiary or otherwise, as well as any right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will (if executed prior to the execution date hereof), or to act as personal representative of the estate of the other, c) Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. FINANCIAL DISCLOSURE. Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. Any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further exhibit or statement. 9. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent breach or default of the same or similar nature. -5- 10. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 11, AGREEMENT BINDING ON HEIRS. Except as otherwise provided for herein, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 12. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein. 13. OTHER DOCUMENTATION, Within thirty (30) days after demand therefore, the parties shall execute any and all written documents which may be reasonably necessary or desirable for the proper effectuation of this Agreement, 14, NO WAIVER OF DEFAULT, This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party thereafter to enforce that provision. The waiver of any breach of any provision hereof shall not be construed as a waiver of any subsequent breach of the same or similar nature, and shall not be construed as a waiver of strict performance of any other obligations herein. -6- 15. ADDRESS OF PARTIES. As long as any obligations remain to be performed under this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address, and shall promptly notify the other in writing of any change of address. 16. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 17. CONTRACT INTERPRETATION. For purposes of contract interpretation and resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by their respective attorneys. B. EOUITABLE DISTRIBUTION. It is the desire of the parties to provide amicably for the equitable distribution between them of all property acquired by either of them during their marriage, prior to their separation, in accordance with the provisions of Section 3501, et seq. of the Pennsylvania Divorce Code. The parties hereby agree to be bound by the following division of their marital property as constituting a just and equitable division thereof, 1. DIVISION OF FURNISHINGS AND PERSONAL EFFECTS The parties acknowledge that they have heretofore amicably divided all of their furnishings and personal effects to their mutual satisfaction with the exception of the china set from the Husband's grandmother which remains in the Marital Residence. The parties agree that -7- the Wife will make the china set available to the Husband within ten (10) days of the execution of this Agreement and thereafter Husband shall retain his grandmother's china set. With the exception of said china, the parties shall each retain all household furnishings and personal effects currently located at their respective residences or otherwise in their individual possession free of all claims of the other. Personal effects include, but are not limited to, jewelry, artwork, clothing, other items of personal adornment, photographs, memorabilia, trophies, awards, scrapbooks, etc. 2. MARITAL RESIDENCE. a) The parties currently hold title to the premises located at 19 East Eppley Drive, Carlisle, Pennsylvania (the "Marital Residence") as tenants by the entireties. Contemporaneous with the execution of this Agreement, Husband shall execute and deliver to Wife a special warranty deed conveying to Wife his entire interest in the Marital Residence, and Wife shall own the same as her sole and separate property subject to the further terms of this Agreement. b) The parties acknowledge that the Marital Residence is presently under and subject to a first lien mortgage (the "Mortgage") held by James A. Hall and Vivian M. Hall, Husband's parents (the "Mortgagees"), in the original principal sum of $130,000.00 with a principal balance currently owed of $102,763.50. (the "Present Principal Balance'). Husband represents and warrants to Wife that the Mortgagees have agreed to freeze the mortgage principal at this amount and to forgo any further interest accruals or principal payments from and after December 1, 2010; provided the said Mortgage is repaid in full prior to December 1, 2011. Wife shall either sell or refinance the Marital Residence on or prior to December 1, 2011 at which time she shall pay to the Mortgagees the Present Principal Balance in full. In the event Wife fails to -8- repay the Present Principal Balance of the Mortgage to Mortgagees on or before December 1, 2011, the parties agree as follows: (i) interest will accrue and be due and owing by Wife on the principal balance at 5.5% per annum commencing December 1, 2011; (ii) the Court of Common Pleas of Cumberland County shall promptly, upon the request of either party, appoint a Special Master to liquidate of sell the property and apply the proceeds as follows: (1) to the payment the costs and fees of the Special Master, (2) to the payment the costs of sale, including if necessary any real estate sales commissions (3) to the payment of principal and unpaid interest owed to Mortgagees in full; and (4) the remaining balance, if any, will be distributed to Wife. Wife further assumes and shall be solely responsible for all past, present and future costs, expenses or liabilities attributable to the Marital Residence, and/or maintaining the Marital Residence, including but not limited to all real estate taxes, water and sewer, gas, electric and telephone service, homeowner's insurance, gardening expenses, minor and major repairs, capital improvements and routine maintenance, and she shall keep Husband indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are'incurred in connection with the said maintenance, costs and expenses. Wife shall maintain the current level of homeowner's insurance and shall not remove the Mortgagee's name from the policy unless and until the Mortgage is paid in full. -9- c) Wife shall have exclusive decision making authority over the sale of the Marital Residence including the selection of real estate agent, the listing and sale price and the terms of the sale, subject to her obligation to sell the same or otherwise repay the Present Principal Balance of the Mortgage in full no later than December 1, 2011. d) Upon the sale of the Marital Residence, Wife shall retain all net sales proceeds from the property. "Net sales proceeds" as set forth herein is defined as the sum remaining after payment of all brokers fees, expenses, closing costs and fees, taxes related to the sale and the payoff of the Mortgage on the property. Wife shall be solely liable for any capital gains tax attributable to said sale. 3. RETIREMENT ACCOUNTS, The parties acknowledge that Husband owns a Roth IRA titled in his individual name held at Citizens and Northern Bank. The parties agree that Husband shall retain the retirement account as his sole and separate property and Wife hereby waives and releases all right, title and interest in Husband's Roth IRA at Citizens and Northern Bank. 4. MOTOR VEHICLES. Husband shall retain as his sole and separate property the Jeep Liberty currently titled in his sole name. Husband expressly agrees to keep Wife indemnified, defended and held harmless from any loans, liability, cost or expense, including attorney's fees, which are incurred in connection with said motor vehicle. goo I -,:?&/W Wife shall retain as her sole and separate property the-1W Volkswagon Beetle, M ?? A vehi 1974 Volkswagon Beetle andv averic cles currently titled in her sole name. Wife expressly agrees to keep Husband indemnified, defended and held harmless from any loans, -10- liability, cost or expense, including attorney's fees, which are incurred in connection with said motor vehicles. 5. DEBTS. The parties hereby warrant to each other that they are not aware of any debts or liabilities on which they are jointly liable other than the mortgage on the Marital Residence as set forth in B.2 above. It is the intention of the parties that they shall each be individually responsible for their separate debts and liabilities and they indemnify and hold each other harmless with respect thereto. 6. FINANCIAL ACCOUNTS. The parties agree that each may hold bank accounts, bonds, securities and credit union accounts in their individual names. The parties agree that they each shall retain as their sole and separate property the financial accounts currently titled in their individual names, free and clear of all rights of the other party, and Husband and Wife hereby waive any rights they may have to demand the equitable distribution of said financial accounts owned, possessed or held by the other party. 7. SEPARATE ASSETS. The parties hereby agree that they each hold title to various assets that are titled in separate names. It is the intention of the parties that all such assets shall be the separate and exclusive property of the party holding title or possession of the same, Accordingly, as to any assets not specifically mentioned in this Agreement which are presently titled in the sole name of one of the parties hereto, or if untitled, are presently in the sole possession of one of the parties, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and 11 forever abandons any and all claims therein and acknowledges that the party having title or possession of such item shall be the sole and exclusive owner thereof. 8. PROPERTY ACQUIRED AFTER SEPARATION Each party shall hereafter own and enjoy items of property not specifically mentioned in this Agreement, be they real, personal or mixed, tangible or intangible, gifts, inheritances, or other expectancies, which will be acquired by Husband or Wife subsequent to the date of the parties' separation. Each party hereby waives, relinquishes and forever abandons any and all claims to such separate property of the other, and acknowledges that the party having title or possession of such items (i) shall be the sole and exclusive owner thereof and (ii) shall have the full power solely in him or her to possess, enjoy and dispose of the same. 9. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS. The parties agree that each shall assume all bank loans, credit cards, charge accounts and tax indebtedness which either may have incurred in his or her individual name, and each agrees to save harmless, indemnify and defend the other from all such debts, liabilities and obligations which he and/or she has incurred, 10. TAX LIABILTfIES. The parties anticipate that they will file separate income tax returns for the 2010 calendar year, and each party will be solely responsible for all taxes incurred with respect thereto. Any and all deductions for mortgage interest and real estate taxes with respect to the Marital Residence shall be allocated to Husband. 11. LIFE INSURANCE TRUST. Contemporaneous with the execution of this Agreement, Wife shall execute the a -12- waiver and release of her right to demand distribution from The Hall Family Irrevocable Trust Agreement for the calendar year 2010 and each year thereafter in the form attached hereto as Exhibit "A". C. ALIMONY AND SUPPORT, 1. INTENTION OF THE PARTIES. It is the mutual desire of the Parties that Husband shall provide a continuing measure of support for Wife. The amount is based on the duration of the marriage, the needs of Wife, the ability of Husband to pay, and all other factors and circumstances determined by the Parties to be relevant. It is the intention of the parties that the payments provided for in this Article are intended by both spouses to qualify as "alimony" as that term is defined in Section 71(a) of the Internal Revenue Code and are intended to be includable in the gross income of Wife under Internal Revenue Code Section 71(a) and deductible by Husband under the Internal Revenue Code Section 215. The Parties further acknowledge that this Agreement is the basis of the right of Wife to receive payments for her support and maintenance. The Parties intend this Agreement to be qualified as a separation instrument as defined in Internal Revenue Code Section 71(b)(2). 2. AMOUNT AND TERM. Commencing January 1, 2011, and continuing on the first day of each month thereafter until the sale of the Marital Residence, repayment in full of the Mortgage on the Marital Residence or November 30, 2011, whichever occurs first, Husband shall pay (or cause to be paid) to Wife the sum of FOUR HUNDRED EIGHTY-SEVEN and 00/100 ($487.00) -13- DOLLARS per month. The, amount of alimony shall not be modifiable upward or downward.. In the event the parties are unable to reach agreement with respect Notwithstanding the foregoing, Husband's obligation to pay alimony hereunder shall terminate at the death of Wife, or the death of Husband, 3. TERMINATION OF SPOUSAL SUPPORT. The parties state their intention that the Order for payment of Spousal Support entered by the Court in the Support Proceedings filed by Wife at Docket No. 775 Support 2008 shall terminate effective December 31, 2010 regardless of the date of the final Decree in Divorce.. D. COUNSEL FEES/EXPENSES. Each party shall be responsible for their own counsel fees incurred in connection with the divorce proceedings or in the negotiation and execution of this Agreement. Notwithstanding the foregoing, in the event either party defaults with respect to his or her obligations under this Agreement, such party shall reimburse to the non-defaulting party, the reasonable attorneys fees incurred by the non-defaulting party in enforcing this Agreement, IN WITNESS WHEREOF, the parties have executed this Agreement the day, month and year first written above. Adam J. all oan D. Hall #4389520 -14- BXMIT "A» 19 1 December An, 2010 Hell Family Irrevocable Trust Citizens & Northern Bank, Trustee 1827 Elmira St. Sayre, PA 18840 Ladies and Gentlemen: Earlier this year, you notified me of a contribution to The Hall Family irrevocable Trust. Subsequently, I exercised my right to make a withdrawal by notifying you in writing on October 1, 2010. On behalf of myself, my heirs and assigns, I hereby withdraw and rescind my request to make a withdrawal from no Hall Family Irrevocable Trust and waive any present or future interest I have in the said trust. S' cerel n Joan)). Hail 0 --% ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, ) Plaintiff/Petitioner ) '^-- vs. ) No. 2008-5442 a IN DIVORCE JOAN D. HALL, ) Defendant/Respondent --rC, PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: AND NOW, comes the Plaintiff/Petitioner, Adam J. Hall, by and through his counsel, Steven S. Hurvitz, Esquire of McQuaide Blasko, Inc. and withdraws the Petition for Contempt filed on July 8, 2011 in the above-captioned proceeding. Respectfully submitted, McQUAIDE BLASKO, By: .. _ Az? Steven S. Hurvitz, Esquire Pa. I.D. #23794 Attorneys for Plaintiff/Petitioner 811 University Drive State College, PA 16801 (814) 238-4926 Date: July !q!, 2011 :ODMA\PCDOCS\DOCS LB2\453637\ 1 i ----, a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, ) Plaintiff/Petitioner ) vs. ) No. 2008-5442 IN DIVORCE JOAN D. HALL, ) Defendant/Respondent ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to Withdraw in the above-referenced matter was mailed by regular mail, first class, at the Post Office of State College, Pennsylvania, postage prepaid, this 20" ay of July, 2011, to the attorney for Defendant as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 McQUAIDE BLASKO, INC. By: -??0!r ?•. ?? ., Steven S. Hurvitz, Esquire Pa. I.D. # 23794 Attorneys for Plaintiff/Petitioner 811 University Drive State College, PA 16801 (814) 238-4926 ODMATCDOCS\DOCS L1B2\453637\ 1 ADAM J. HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOAN D. HALL, Defendant NO. 08-5442 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 8t' day of September, 2011, upon consideration of the Praecipe To Withdraw filed in the above matter on August 1, 2011, the hearing previously scheduled for September 16, 2011, is cancelled. BY THE COURT, :Z= -Om J. tesley O1e , Jr., J. r -tC^i Steven S. Hurvitz, Esq. °-' 811 University Drive, c 3 State College, PA 16801 .?-- Attorney for Plaintiff 1es -' "?' ry aj4 Samuel L. Andes, Esq. 0 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc