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HomeMy WebLinkAbout08-5473,a- ADAMS JAMES HALL, PLAINTIFF V. JOAN DIANE HALL, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 0% - 5473 0'i-it. t Term : DIVORCE ACTION NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A Judgment may also be entered against you for any other claim or relief requested in these papers by the Petitioner. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: York County Courthouse 45 North George Street York, PA 17401 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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. Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, PA 17401 (717) 854-8755 AVISO PA DEFENDER Y RECi AMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derchos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 45 North George Street, York, Pennsylvania 17401. SI USTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, Pennsylvania 17401 Telefono (717) 854-8755 . ADAMS JAMES HALL, PLAINTIFF V. JOAN DIANE HALL, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 6 k- 5y 7,3 DIVORCE ACTION COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Adams J. Hall, is an adult individual who currently resides at RR 3, Box 354, Troy, Pennsylvania 16947. 2. Defendant, Joan Diane Hall, is an adult individual who currently resides at 19 East Eppley Drive, Carlisle, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on May 28, 1999, in San Antonio, Texas. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in Counseling. 10. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff, Adam James Hall, urges this Honorable Court to enter a Decree of Divorce. Respectfully NEALON G t By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Datetx/() Ir VERIFICATION I, Adam James Hall, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ADAMS JAMES HALL Dated: q A4lot I Lq z;; T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, Plaintiff VS. JOAN D. HALL, Defendant No. 2008-5473 IN DIVORCE 0 Cr f p r CERTIFICATE OF SERVICE N O O N N N C) W I hereby certify that a true and correct copy of Plaintiff s Amended Interrogatories to -n m rn Defendant in the above-captioned matter was mailed by regular mail at the Post Office in State College, Pennsylvania, on this ZD day of April, 2010, to the attorney for Defendant, as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 McQUAIDE, BLASKO, FLEMING & FAULKNER, INC. By: /9`? Steven S. Hurvitz, Esqui Attorneys for Plaintiff 811 University Drive State college, PA 16801 Ph: (814) 238-4926 Fax: (814) 234- 5620 Dated: April Z.0, 2010 #424738v1 15 2010 J,UfI! 14, Alf 11: 4j CUM N?f _ t ADAM J. HALL, r L <<`, ., i_tl ^;, Plaintiff vs. JOAN D. HALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5473 CIVIL ACTION - LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME NOTICE IS HEREBY GIVEN that JOAN DIANE HALL, Defendant in the above matter, [select one by marking //x,l % prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of JOAN DIANE GRONINGER, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: uA gQ/Q AN DIANE HALL nature of name being resumed JOAN DIANE GRONINGER COMMONWEALTH OF PENNSYLVANIA ( SS.: COUNTY OF CUMBERLAND ) On the day of , 2010, before me, the undersigned officer, personally appeared JOAN DIANE HALL, known to me or Isfactorily to be ( proven) the person whose name is signed to the within Notice to Resume Prior Surname and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF .yihfflA NOTARIAL SEAL AMY M. HARKINS, Notary Public Lemoyne Boro., Cumberland County Commission Expires February 4, 2013 Notary blic e' K"d -y ry.? I - :4.2,5 iC n 0-4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW -life ADAM J. HALL, : No. 2008-5473 ° Plaintiff Type of Case: DIVORCE a, vs. • s • 3` JOAN D. HALL, Defendant o NOTICE TO THE DEFENDANT L If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about August 17, 2010, and have continued to live separate and apart for a period of more than two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date kAgAmlHall, Plaintiff N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, : No. 2008-5473 2 Plaintiff : Type of Case: DIVORCE `am ` t VS. JOAN D. HALL Defendant r ' PLAINTIFF S INVENTORY AND NOW COMES, the Plaintiff, ADAM J. HALL, and files the following inventory of all marital property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Dated: /0 ~U Adam J. Hall C:\Documents and Setting.s\Admin\Local Settings\Temporary Intemet Files\Contmt.fES\60KG8T7nDOCSLIB2-_432524-0 -Hall_Inventory[ I].DOC r ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real Property (X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates. ( ) 7. Contents of safe deposit box. ( ) 8. Trusts. ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries. ( ) 10. Annuities. ( ) 11. Gifts. ( ) 12. Inheritances. ( ) 13. Patents, copyrights, inventions, royalties. ( ) 14. Personal property outside home. ( ) 15. Businesses (list all owners, including percentage of ownership and officer/director, positions held by a party with company) pay, workman's compensation claim/award. ( ) 16. Profit sharing plans. ( ) 17. Pension Plans (indicate employee contribution and date plan vests) (X) 18. Retirement plans, individual retirement accounts. ( ) 19. Disability payments. ( ) 20. Litigation claims (matured and unmatured). ( ) 21. Military/V.A. benefits. ( ) 22. Educational benefits. ( ) 23. Debts due, including loans, mortgages held. (X) 24. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute. ( ) 25. Other. ::ODMA PCD0CS\D0CSLIB2\432524`.1 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Name of All Owners I Residence 19 E. Eppley Drive Carlisle, PA 17015 Joint 2 PSECU Bank Account Husband 3 Wachovia Bank Account Joint 4 Roth IRA Husband 5 2000 Volkwagon Beetle Wife 6 1974 Volkswagon Beetle Wife 7 1976 Maverick Wife 8 Household Furniture Joint ::ODMA.PCDOCS\DOCSLI732"32524,1 NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal interest which is claimed to be non-marital: Item No. _ Description Reason or Exclusion 1 Jeep_ Liberty Gifted to Husband PROPERTY TRANSFERRED NONE. LIABILITIES 1 James and Vivian Hall Mortgage against residence :ODMA'PCDOCS,DOCSLIH2 32524,1 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, Plaintiff vs. JOAN D. HALL, Defendant ) No. 08-5473 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER .? _.. rA-0 N AND NOW, Adam J. Hall, Plaintiff, moves the court to appoint a master with respect to the following claims: :9 Divorce ? Annulment ® Alimony ? Alimony Pendente Lite and in support of the motion states: 9 Distribution of Property ? Support N Counsel Fees ® Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The Defendant has appeared in the action by her attorney, Samuel L. Andes, Esquire. 3. The statutory ground (s) for divorce is Section 3301(d) of the Pennsylvania Divorce Code. 4. Delete the inapplicable paragraph (s) A ? B ? C V C. The action is contested with respect to the following claims: Alimony, Distribution of Property, Counsel Fees, Costs and Expenses 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half day. 7. Additional information, if any, relevant to the motion: Respectfully submitted: Date: August ZGI 2010 AND NOW, 2010 Esquire, is appointed master with respect to the following claims: Divorce, Alimony, Distribution of Property, Counsel Fees, Costs and Expenses. BY THE COURT: MCQUAIDE BLASKO By: Steven S. Hurvitz, Esq Attorney for Plaintiff Attorney I.D. No. 23794 811 University Drive State College, PA 16801 (814) 238-4926 ORDER APPOINTING MASTER J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, Plaintiff VS. JOAN D. HALL, Defendant No. 08-5473 IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Motion for Appointment of Master was served by mailed the same by first-class mail, at the Post Office of State College, Pennsylvania, postage prepaid, this 1f - diay of August, 2010 to the attorney for Defendant as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MCQUAIDE BLASKO By: Steven S. Hurvitz, Esq Attorneys for Plaintiff Attorney I.D. No. 23794 811 University Drive State College, PA 16801 (814) 238-4926 Dated: August 21y'"2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, Plaintiff VS. JOAN D. HALL, Defendant i No. 08-5473 IN DIVORCE T z 7l rnm N n y. z o MOTION FOR APPOINTMENT OF MASTER AND NOW, Adam J. Hall, Plaintiff, moves the court to appoint a master with respect to the following claims: X Divorce 26 Distribution of Property ? Annulment ? Support X Alimony X Counsel Fees ? Alimony Pendente Lite ® Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The Defendant has appeared in the action by her attorney, Samuel L. Andes, Esquire. 3. The statutory ground (s) for divorce is Section 3301(d) of the Pennsylvania Divorce Code. 4. Delete the inapplicable paragraph (s) A ? B ? C 21 C. The action is contested with respect to the following claims: Alimony, Distribution of Property, Counsel Fees, Costs and Expenses 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half day. 7. Additional information, if any, relevant to the motion: Respectfully submitted: MCQUAIDE BLASKO Date: August 2010 By: Steven S. Hurvitz, Esq Attorney for Plaintiff Attorney I.D. No. 23794 811 University Drive State College, PA 16801 (814) 238-4926 ORDER APPOINTING MASTER AND NOW, 3 , 2010,?1r? Esquire, is Nk9&VI1A& - f appointed master with respect to the following claims: Divorce, Alimony, Distribution of Property, Counsel Fees, Costs and Expenses. BY THE COURT: LqCL r'n 7 ? `x., -?' GrJ t3 P` LL d- ?rr? A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v 9i ADAM J. HALL, ) cn Plaintiff? # -6 VS. ) No. 2008-5473 IN DIVORCE `'- JOAN D. HALL, Defendant ) © PETITION FOR BIFURCATION AND NOW, comes the Petitioner, Adam J. Hall, by and through his attorneys, McQuaide Blasko, Inc. and files the following Petition for Bifurcation, and in support thereof, alleges as follows: 1. The Petitioner is Adam J. Hall ("Husband"), being the Plaintiff in these proceedings. 2. The Respondent is Joan D. Hall ("Wife"), being the Defendant is these proceedings. 3. Petitioner filed a Complaint in the instant proceedings on September 12, 2008. 4. On August 19, 2010, Petitioner filed an Affidavit Under Section 3301(d) of the Divorce Code, alleging that the parties had been separated for a period of two (2) years counsel. 5. As of this date, Respondent has not filed a responsive pleading to the said Divorce Complaint or Affidavit. 6. Petitioner is paying spousal support to Respondent in the sum of $487 per month pursuant to an Order of Court dated April 26, 2010. 7. Contemporaneous with the filing of the instant Motion, Petitioner has filed a Motion for Appointment of a Master for the disposition of all economic claims pending in these proceedings. 8. Petitioner is the beneficiary of an Irrevocable Trust Agreement created by Petitioner's parents pursuant to an estate plan through which they make annual premiums to fund the purchase of a life insurance policy owned by the said trust. In connection with the funding of the trust, the Trust Agreement provides that Petitioner and his then Wife, have the right to withdraw a portion of the total contributions made to the Trust in an amount equal to the gift tax annual exclusion then in effect under federal tax law. 9. Respondent's exercise of withdrawal rights threatens to disrupt the funding of the trust resulting in a termination of the life insurance policies owned by the trust, thereby creating significant adverse financial impact to both the trust and its beneficiaries. 10. Absent the entry of a divorce decree, Respondent will continue to have the right to withdraw funds from the trust which are being gifted by Petitioner's parents. 11. Compelling circumstances exist for the entry of the Decree of Divorce. 12. Pursuant to the Divorce Code, 23 Pa. Cons. Stat. §3323 (c.1) of the Divorce Code, this Honorable Court is empowered to grant the divorce and to reserve jurisdiction over the remaining ancillary issues. WHEREFORE, Petitioner requests that this Honorable Court to: (a) Order bifurcation of this action; (b) Grant the request for divorce in the Complaint; and (c) Convert the existing spousal support award into an Order for Alimony Pendente Lite; and (d) Grant such further relief as the Court deems appropriate. Respectfully submitted, McQUAIDE BLASKO By: Steven S. Hurvitz, Esquire Pa.I.D. #23794 Date: September 3 '2010 Attorneys for Plaintiff 811 University Drive State College, PA 16801 (814) 238-4926 VERIFICATION I, Adam J. Hall, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.D. § 4904, relating to unworn falsification to authorities. Dated: 'zp 7 T?v? .12010 Adal J. Hall CM-- and Sabo Ad-nV-W sett;WWmponry btaw Fi nW4ntmc.lES7ntslrTaknMSLMZ-_asz943,1-x u_naem J V.&s eloa(l]AOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, VS. JOAN D. HALL, Plaintiff ) Defendant ) No. 2008-5473 IN DIVORCE CERTIFICATE OF SERVICE I hereby-certify that a true and correct copy of Plaintiff s Petition for Bifurcation in the above-referenced matter was mailed by regular mail, first class, at the Post Office of State College, Pennsylvania, postage prepaid, this c?day of September, 2010, to the attorney for Defendant as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 McQUAIDE BLASKO By: Steven S. Hurvitz, Esqui: Pa. I.D. # 23794 Attorneys for Plaintiff 811 University Drive State College, PA 16801 (814) 238-4926 I! RED-URCE biz r pn , ° ' ^R!r1T?( ( 110 SPP -8 AM 8? 41 PENi? VANI ADAM J. HALL, ) IN THE COURT OF COMMON PLEAS OF PLAINTIFF ) CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2008-5473 JOAN D. HALL, ) DEFENDANT ) IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of r perty, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: zoo jo.;? 11=A4? AN D. ITALE NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. FSLED-?`? nc .? 7.7 f' PEKtiS?LVAN A ADAM J. HALL, PLAINTIFF vs. JOAN D. HALL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5473 IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and files the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. S„U cL 4?jy _3 ?? crc*J 7g3? at/8 ;Z5 41 WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. r S el L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17443 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C. S. 4904 (unsworn falsification to authorities). t Date: - ? - /D - JOAN D. HALL ADAM J. HALL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOAN D. HALL, : DEFENDANT NO. 08-5473 CIVIL ORDER OF COURT AND NOW, this 30th day of September, 2010, upon consideration of Plaintiff's Petition for Bifurcation, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 20, 2010; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing on this matter will be held on Tuesday, December 14, 2010, at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. -, Steven Hurvitz, Esquire Attorney for Plaintiff muel Andes, Esquire Attorney for Defendant bas Q re S .-^? I Lc. to tlto By the Court, * 1, U ?/ M. L. Ebert, Jr., J. W CZ .. -; f rtl r' Y! i r CT t 5 5 -. ADAM J. HALL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOAN D. HALL, DEFENDANT NOTICE TO PLAINTIFF NAMED HEREIN: CIVIL ACTION - LAW NO. 2008-5473 IN DIVORCE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: 2 `? Samuel L. An s Attorney for Defendant Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 ADAM J. HALL, PLAINTIFF VS. JOAN D. HALL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5473 IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR BIFURCATION AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Petition for Bifurcation: 1 through 4. Admitted. 5. Denied. Defendant filed her Counter-Affidavit on 8 September 2010 in which she stated she wanted the court to resolve several economic issues before the entry of a final decree in divorce. Defendant has also filed a Petition for Economic Relief raising claims for equitable distribution, alimony, alimony pendente lite, and counsel fees. 6. Admitted. 7. Admitted. 8. Defendant admits that there is a trust arrangement created by Plaintiff's parents and that, pursuant to federal law, Defendant has the right to withdraw money from the trust on an annual basis. 9. Denied. Defendant has withdrawn funds from the trust in the past without disrupting the funding of the trust or the termination of life insurance policies owned by the trust. Defendant's right to withdraw funds from the trust was given her by the creators of the trust and her exercise of that right does not threaten the existence, funding, or continuation of the trust or its intended purposes. 10. Admitted. By way of further answer, Defendant states that that was the intention of the settlors of the trust at the time they created it. 11. Denied. To the contrary, compelling circumstances exist to prevent the entry of a divorce decree until such time as the economic issues raised in the case have been determined by this court. Defendant incorporates herein, by reference, the averments in her New Matter. 12. It is admitted that the cited section of the divorce code gives the power to bifurcate this divorce action. It is denied, however, that this is an appropriate case for such bifurcation. Defendant incorporates herein, by reference, the averments set out in her New Matter. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Petition for Bifurcation. NEW MATTER By way of further answer, Defendant sets forth the following New Matter: 13. The averments set forth in the proceeding paragraphs of Defendant's Answer are incorporated herein by reference. 14. If a divorce decree is granted before full litigation and resolution of the economic issues now pending in this case have been determined by the parties or the court, Defendant will suffer irreparable harm which will include the following: A. If Plaintiff dies before resolution of the economic issues, Defendant will be barred from testifying in any hearing by the Dead Man's statute. B. Granting a decree in divorce at the present time will terminate the spousal support order entered in Defendant's favor and she will be without the funds she needs to maintain herself and to maintain the parties' jointly owned real estate. C. If Plaintiff dies before the entry of a final decree in divorce, his ownership interest in the jointly owned real estate will devolve upon his heirs as a tenant in common and Defendant will lose her rights as a tenant by the entireties. D. All properties owned by the parties as tenants by the entireties will cease to be owned in that status and Plaintiff will be free to transfer, encumber, or otherwise alienate his interest in such property, all to the detriment of Defendant. E. After the entry of a decree in divorce, either party will be free to remarry and, if one of the parties remarries, that will significant complicate that party's ownership in any of the marital assets by creating rights in his or her new spouse. 15. Defendant believes that, if this action is bifurcated and Plaintiff obtains the divorce which he seeks, Plaintiff's incentive to cooperate to conclude this action promptly will dissipate and it will be much more difficult for Defendant to complete the resolution of the economic issues in the case. 16. Defendant believes that there are no compelling reasons to bifurcate the divorce action so that Plaintiff can obtain a final decree in divorce at this time. To the contrary, Defendant believes that there are compelling reasons not to grant such bifurcation to require the parties to resolve the economic issues before a final decree in divorce is entered. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Petition for Bifurcation and direct this matter to the Master for the resolution of all economic issues. el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ?? %I 4-64d OAN D. HALL CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Steven S. Hurvitz, Esquire 811 University Drive State College, PA 16801 Date: ?Sq 251) Z-0 rJ , Amy M. kins Secretary for Samuel L. Andes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, Plaintiff ) C VS. ) No. 2008-5473 = -`' IN DIVORCE a JOAN D. HALL ) Go,? -' % , Defendant ?? -T, CD s PLAINTIFF'S Y .? ., m ANSWER TO DEFENDANT'S NEW MATTER T= `.., AND NOW, comes the Plaintiff, Adam J. Hall, by and through his attorneys, McQuaide Blasko, Inc. and files the following Answer to the Defendant's New Matter, and in support thereof, alleges as follows: 13. Paragraph 13 sets forth no allegations of fact to which an answer is required. 14. Paragraph 14 is denied. It is denied that the entry of a divorce decree prior to the resolution of the economic claim will result in irreparable harm to the Defendant. By way of further answer, the Plaintiff responds as follows: A. To the extent Defendant is barred from testifying in any hearing under the Dead Man statute, Plaintiff hereby waives application of the statute. B. Admitted in part and denied in part. It is admitted that the entry of a decree in divorce will terminate the spousal support order. However, pursuant to Pa. R.C.P. 1920.31(d), upon entry of a decree in divorce, any existing order of spousal support is deemed to be an order for alimony pendente lite. C. Admitted in part and denied in part. While it is admitted that the jointly- owned real estate; would be owned by the parties as tenants-in-common following the entry of a divorce decree, it is averred that the property will be in custodia legis and subject to the further jurisdiction of the Court in connection with the parties claims for equitable distribution. D. Admitted in part and denied in part. It is admitted that properties owned by the parties as tenants-in-common will cease to be owned in that status following the entry of a divorce decree. It is averred, however, that the change in status of the property will not in any way affect Defendant's claim for equitable distribution therein. E. Admitted in part and denied in part. It is admitted that following the entry of a divorce decree, either party is free to remarry. It is denied that any such remarriage would significantly complicate ownership of any of the marital assets, which remain under jurisdiction of this Court. 15. Denied. It is denied that the entry of a divorce decree will in any way reduce Plaintiff's incentive to cooperate. It is further averred that Plaintiff has filed a Motion for Appointment of a Master and it is expected that these proceedings will be concluded in due course. 16. Denied. Plaintiff incorporates by reference the allegations set forth in the Petition for Bifurcation as establishing compelling reasons to bifurcate this divorce action. Respectfully submitted, Date: October S, 2010 McQUAIDE BLASKO, INC. By: Steven S. Hurvitz, Esqgiw- Pa. I.D. #23794 Attorneys for Plaintiff 811 University Drive State College, PA 16801 (814) 238-4926 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, VS. JOAN D. HALL, Plaintiff ) Defendant ) No. 2008-5473 IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Answer to Defendant's New Matter in the above-referenced matter was mailed by regular mail, first class, at the Post Office of State College, Pennsylvania, postage prepaid, this S'"day of October, 2010, to the attorney for Defendant as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 McQUAIDE BLASKO, By: Steven S. Hurvitz, i? Pa. I.D. # 23794 Attorneys for Plaintiff 811 University Drive State College, PA 16801 (814) 238-4926 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ADAM J. HALL, vs. JOAN D. HALL, Plaintiff ) Defendant ) No. 2008-5473 IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Answer to Defendant's Interrogatories in`the above-referenced matter was mailed by regular mail, first class, at the Post Office of State College, Pennsylvania, postage prepaid, this ~ day of October, 2010, to the attorney for Defendant as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 McQUAIDE BLASKO, IN . ~;- c~, :~.- By. ~.~ ~- ~_. t~.a~ ,; ~ Steven S. Horvitz, Esquire °`' ~~ Pa. LD. # 23794 ~ ca ~- ~ ~ Attorneys for Plaintiff }., ~ -- ~>- 811 University Drive ch~a ~ State College, PA 16801 ~..~ c~ ~~ (814) 238-4926 ~.:, "" ~, ::ODMA\PCDOCS\DOGSLIB2\436520\1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, Plaintiff VS. No. 2008-5473 IN DIVORCE JOAN D. HALL, Defendant PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Cj C= N mm C-3 _VM CAr- -<> Z C) r+? .. c..J AND NOW, comes the Plaintiff, Adam J. Hall, by and through his counsel, Steven S. Hurvitz, Esquire of McQuaide Blasko, Inc. and withdraws the Divorce Complaint and all related matters in the above-captioned proceeding. Respectfully submitted, McQUAIDE BLASKO, INC. By: Steven S. Hurvitz, Esquire Pa. I.D. #23794 Attorneys for Plaintiff 811 University Drive State College, PA 16801 (814) 238-4926 Date: December Or, 2010 ::ODMA\PCDOCS\DOCSLIB2\439787\ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAM J. HALL, vs. JOAN D. HALL, Plaintiff ) Defendant ) No. 2008-5473 IN DIVORCE 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 <S- day of December, 2010, to the attorney for Defendant as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 E. Robert Elicker, II, Esquire/Master 9 N. Hanover Street Carlisle, PA 17013 McQUAIDE BLASKO, INC. By: Steven S. Hurvitz, Esquire Pa. I.D. # 23794 Attorneys for Plaintiff 811 University Drive State; College, PA 16801 (814) 238-4926 ODMA\PCDOCS\DOCSLE32\439787\ 1 ADAM J. HALL, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 5473 CIVIL M JOAN D. HALL, Defendant IN DIVORCE I 4 aj c ORDER OF COURT == °_c-, AND NOW, this day of , 201.x, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated December 13, 2010, 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, Kevi A. Hess, P.J. cc: /Steven S. Hurvitz Attorney for Plaintiff 0'j lei Samuel L. Andes /),a;e$ M Attorney for Defendant f15'? 10 MARRIAGE SETTLEMENT AGREEMENT Between Adam J. Hall And Joan D. Hall THIS AGREEMENT is made and entered into this 7_ 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 fiuther 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. EQUITABLE 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. 001 ?? ,b Wife shall retain as her sole ands arate property the,200TVolk agon Beetle, 1974 Volkswagon Beetle andy?75 aver vehic es currently titled in her sole name. Wife W6L?ok 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 LIABILITIES. 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. I?j Adam J. Hall Aan D. Hall #4389520 -14- EXIHIBIT "A" December I- 2010 Hall Family Irrevocable TnW 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 witbdraw and rescind my request to make a withdrawal from The Hall Family Irrevocable Trust and waive any present or future interest I have in the said trust. S cerel Joan O. Hall David -D. Buell Brothonotary Office of the <1'rothonotay Cum6er[and County, cPennsylvania rkS. Sofionage, ESQ Solicitor VO `s7 73 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square Suite100 ® CarCisie, �fq 0 (Phone 717 240-6195 0 EaK 71 7 240-6573