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HomeMy WebLinkAbout04-3390RANDOLPH A. HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONNA M. HALL, : NO. O y- 3J go CIVIL TERM Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 the divorce is indignities or irretrievable breakdown of the marriage, u you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 RANDOLPH A. HALL, Plaintiff V. DONNA M. HALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 41- 373 -1 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is Randolph A. Hall, an adult individual currently residing at 649 North Franklin Street, Lot 21, Chambersburg, Franklin County, Pennsylvania. 2. Defendant is Donna M. Hall, an adult individual currently residing at Shippensburg Mobile Estates Lot 227, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 5, 1990, in Dillon County, South Carolina. 5. There has been no other prior action for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff' and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT V EOUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, Marylou a s, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: Og FS ?' z/? a DOLT A. HALL, Plaintiff W 6 I r\\ v^ V f ?, nJ Co ?l\ V V RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DONNA M. HALL, NO. 04-3390 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ? day of July, 2004, comes Marylou Matas, Esquire, counsel of record for Plaintiff, Randolph A. Hall, and states that a true and attested copy of a Complaint in Divorce, was sent to Defendant, Donna M. Hall, at 227 SME, Shippensburg, PA 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on July 15, 2004. A4 C( n ?c Marywu atas, Esquire Attorney r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscri d t? before in this 1tlb day of , W{d , 2004 .O C3 Q' Ir Q' Postage CE] Ln Candied Fee rl UFI Return Receipt Fee N (Endorsement Required) C3 Restrided Fee C3 (Endorsement Raou Required) 0 Total postage & Fees 0 I ) .._ F io 7IS C M) ;- y ??., 'i'1 .c, m ? r r, .._: .1: -r C__) t ? _n f l? f:? C.1 ?a `v C? r_- %? rn -2 -- n co ? RANDOLPH A. HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONNA M. HALL, NO. 04-3390 CIVIL TERM Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Donna M. Hall. WEIGLE & ASSOCIATES, P.C. Dated: I) ?/ ? 16 ?_ By: ° (_ / -Z - z-- Richard L. Webbe- r, Jr. quire Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE @ ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 t-J L=; C ; _..? a , - r? - i..i -:., ... - 6. _ :?.{ i .7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDOLPH A. HALL, Civil Action - Law Plaintiff . VS. No. 04-3390 DONNA M. HALL, Defendant In Divorce PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Donna M. Hall. Dated: J v A E I, )004 Richard L. Webber, Jr., Esquire Attorney ID #49634 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 717-532-7388 kW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 M1J ? T c -> CD - . , ca+ rl - C? RANDOLPH A. HALL, Plaintiff/Respondent NO. 04-3390 DONNA M. HALL, Defend ant/Petitioner To: Randolph A. Hall IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND 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 Defendant/Petitioner. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds 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 One Courthouse Square, Cumberland County Courthouse, Carlisle, Pennsylvania 17013 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street STREET - SHIPPENSSURG, PA 17257-1397 II Carlisle, PA 17013 Lawyer Referral Service 717-249-3166 RANDOLPH A. HALL, Plaintiff/Respondent v DONNA M. HALL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3390 CIVIL ACTION - LAW IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE NOW COMES, the Defendant/Respondent, Donna M. Hall, and files this Petition for Related Claims Under Divorce Code, averring as follows: COUNT I -ALIMONY 1. Defendant/Petitioner is Donna M. Hall, who currently resides at 227 SME, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Plaintiff/Respondent is Randolph A. Hall, who currently resides in Greencastle, Chambersburg, Franklin County, Pennsylvania 17201. 3. Defendant/Petitioner and Plaintiff/Respondent were married on May 5, 1990, in Dillon County, South Carolina. 4. Defendant/Petitioner has heretofore filed a Complaint for divorce as of the above caption. 5. Defendant/Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 6. Defendant/Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, the Defendant/Petitioner prays your Honorable Court to enter an award of alimony. COUNT II - SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 7. Paragraphs 1 through 6 are incorporated herein by reference as though set forth in full. 8. Defendant/Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. WEIGLE G ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBVRG, PA 17257-1397 9. Defendant/Petitioner is unable to sustain herself during the course of this litigation. 10. Defendant/Petitioner requests the Court to enter an award of Spousal Support, Alimony Pendente Lite, and to enter an award of counsel fees and costs and expenses in her favor. WHEREFORE, the Defendant/Petitioner requests your Honorable Court to enter an award of counsel fees, costs, and expenses, until final hearing and thereupon award such additional counsel fees, costs, and expenses as deemed appropriate. COUNT III - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as though set forth in full. 12. Defendant/Petitioner and Plaintiff/Respondent have legally and beneficially acquired property during their marriage from May 5, 1990, and until May 17, 2004, the date of separation, all of which property is "marital property." 13. Defendant/Petitioner and/or Plaintiff/Respondent have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and or subsequent to its acquisition during the marriage, which increase in value a marital property. 14. Defendant/Petitioner and Plaintiff/Respondent have not been unable to agree as to an equitable division of said property to the date of the filing of this Complaint and substantial portions of said property are in the exclusive control of Defendant. 15. Defendant/Petitioner requests the Court to equitably divide all marital property. WHEREFORE, Defendant/Petitioner requests the Court to equitably divide all marital property and to enjoin Petitioner and Respondent from the removal, disposition, alienation, or encumbering of all real and personal property of the parties. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. Richard L. Webber, Jr., Esquire Attorney for Petitioner Attorney ID No. 49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE 5 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17237-1397 VERIFICATION I verify that the statements made in the foregoing Petition for Related Claims Under Divorce Code are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. 4904, relating to unworn falsification to authorities. Dated: tp?o? M Donna A Hall, Defendant/Petitioner WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBVRG, PA 17257-1397 a y 1°. F 00 A -V 1 ? C t' to N 1 RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3390 DONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Randolph A. Hall, Plaintiff, moves the Court by and through his counsel, Marylou Matas, Esquire, to appoint a Master with respect to the following claims: (?1) Divorce (?l) Distribution of Property ( ) Annulment (?1) Support (?l) Alimony (?l) Counsel Fees (?l) Alimony Pendente Lite (?l) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant has appeared in this action represented by counsel, Richard L. Webber, Jr., Esquire. 3. The statutory grounds for divorce are 23 Pa.C.S.A. §3301(c) and 23 Pa.C.S.A. §3301(d). 4. Delete the inapplicable paragraphs: a. The aGtion is not Gentested-, b. An agreement has been reached with respect to the following: None. C. The action is contested with respect to the following claims: Distribution of Property, Alimony, Alimony Pendente Lite, Support, Counsel Fees, Costs and Expenses 5. The action does involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the motion: None Respectfully submitted, SAIDIS, FLOWER & LINDSAY -? (Uzt--Va?4-j Ma atas, Esquire Attorne :84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: l Z /?! . Counsel for Plaintiff df , 6f??1r,r 0, 0 RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3390 DONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached Motion for Appointment of Master have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 Dated: First Class Mail 25/241G& ICE Marylou as, Esquire Attomey 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ?* -rt ?,p9 7 1 r . Cj . r FE CFZV - 15; AU, S L1 ?OG6 BY : RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3390 DONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER APPOINTING MASTER pp,, ?QQAN??D NOW, this day of t fJ?fi2 2006, • '1?0-(?Q,t 'U i'? Esquire, is appointed master with respect to the following claims: (?1) Divorce ( ) Annulment (?1) Alimony (?) Alimony Pendente Lite rty: Moving PL;ndoip?h Name: H Att orne m arylou Matas, Esquire Attorney's Address:26 W. High Street Carlisle, PA 17013 Attorney's Teleohone: (717) 243-6222 Attorney's Email: mmatas@sfl-law.com Party's Address and Telephone ff Not reoresented by counsel: N/A cc: Marylou Mates, Esq. Attorney for the Plaintiff Richard L. Webber, Jr., Esq. Attorney for the Defendant (?I) Distribution of Property (?l) Support (?) Counsel Fees (?) Costs and Expenses BY TH T: „\ G J. Non Moving Party: Name: Donna Hall Attomev's Name: chard L. Webber, Jr., Esquire Attorney's Address: 126 East King Street Shippensburg, PA 17257 Attorney's Telephone: (717) 532-7388 Attorney's Email: weigleassoaates@earthlink.net Party's Address and Telephone I Not represented by counsel: N/A 10 Qp N C S r_.5 ytu LU ? U N LPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3390 )ONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in the attached affidavit, you st file a counter-affidavit within twenty days after this Affidavit has been served on you Ir the statements will be admitted. AFFIDAVIT UNDER 43301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or before May 10, 2004, and have to live separate and apart since that time. 2. The marriage is irretrievable broken. 3. 1 understand that I may lose rights concerning alimony, division of roperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 'a.C.S. Section 4904, relating to unsworn falsifications to authorities. ATE: Ai, Ra olph A. Hall, Plaintiff SAIDIS, FLOWER & LINDSAY ATIURNEVS•AT IAW 26 West High Street Carlisle, PA r-a a c t3'C C: ?.} 4 i E t? Q ? RANDOLPH A. HALL, Plaintiff VS. DONNA M. HALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 3390 CIVIL IN DIVORCE ORDER OF COURT AND NOW, thisC day of , 2007, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated October 22, 2007, 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, QV wxoooLi t-x Edgar B. Bayley, P.J. cc: Marylou Matas Attorney for Plaintiff Richard L. Webber, Jr. Attorney for Defendant C? tv o p TJ i F: C7 m C-) TTIM `7r? C5 o m .? L 4 n --C SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this 2V day of 04jb?,_ 2007, by and between RANDOLPH A. HALL, of 649 N. Franklin Street, Lot 21, Chambersburg, Franklin County, Pennsylvania, 17201, party of the first part, hereinafter referred to as "Husband," AND DONNA M. HALL, of SME Lot 227, Shippensburg, Cumberland County, Pennsylvania, 17013, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on May 5, 1990, in Dillon County, South Carolina; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice o Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Marylou Matas, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Richard Webber, Esquire. 2. WarranU of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. 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. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, with the exception of the items listed on Exhibit "A" which is attached hereto and incorporated herein by reference. Said items listed on Exhibit "A" shall be transferred from Wife to Husband within fifteen (15) days of execution of this Agreement by both of the parties. All other items shall be retained by Wife. Wife agrees that all of the remaining property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 2002 Dodge Intrepid vehicle and 1992 Dodge Shadow vehicle which were originally titled in the parties' names jointly. Husband shall execute the titles of the vehicles within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel to Wife's name individually. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. b.) The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of the parties' Dodge Ram 1500 pickup truck and 1995 travel trailer, which were originally titled in the parties name jointly. Wife shall execute the titles to the vehicles within fifteen (15) days upon request to do so by Husband. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. Husband shall retain sole and exclusive ownership and possession of the parties' 1985 Yamaha XT 350 motorcycle and 1982 Yamaha 1100 motorcycle, which were originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. 8. Real Estate: The parties are joint owners of a trailer located at SME Lot 227, Shippensburg, Cumberland County, Pennsylvania, which property is currently held in the joint names. Husband agrees that contemporaneously with the execution of this Agreement, he will execute the title for that trailer conveying all of his right, title and interest in the aforesaid trailer to Wife. Husband shall then make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid trailer. From the date of execution and delivery of the title forward, Wife shall be solely and exclusively responsible for making all payments associated with maintenance of the aforesaid trailer, including property taxes and utilities. Wife shall indemnify Husband and hold him harmless from and against any and demands for payment or collection activity of any nature whatsoever on account of the aforesaid trailer from the date of signing and delivery of the aforesaid title forward. The receipt of benefits provided for herein by Husband take into consideration Husband's transfer of his legal and equitable interest in the aforesaid trailer. From the date of execution of this Agreement forward, Husband shall make no claim of any nature whatsoever, legal or equitable, in the interest in the aforesaid real estate. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. If it is discovered that any joint accounts exist as of the date of execution of this Agreement, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. The parties waive and transfer any interest they have in the other's individual accounts, checking or savings that may have been established during the marriage. 10. Pension Interests: Husband owns or has an interest in a profit sharing account through his employment with Food Lion Husband shall transfer the sum of FORTY SIX THOUSAND AND 00/100 ($46,060) DOLLARS from this account to an account in Wife's name. Husband's counsel shall prepare a QDRO within 20 days of the date of execution of this agreement to effectuate this transfer. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in any remaining balance of Husband's profit sharing and retirement plan through his employment with Food Lion. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in this retirement account, as well as any other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her employment at Compass Group, USA, Inc. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 11. Investment Accounts: Each party waives any and all right, title or interest they have or may have in the other's investment accounts, stocks, bonds, mutual funds and the like, that are not previously identified as bank accounts or pension interests. Husband and Wife maintain that neither of them have established, maintained or have an interest in any other investment account during the marriage or that may have earned interest during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 12. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on May 10, 2004, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: Husband and Wife do not believe there exists any obligations in their names jointly. Husband agrees to maintain responsibility for any debts that are listed in his name individually and for those marital debts that were turned over to collection. Specifically, Husband agrees to maintain responsibility for a Sears account, Lowes account, and Aspire Visa account Wife agrees to maintain responsibility for any debts that are listed in her name individually. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all rimes hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Life Insurance: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 15. Spousal Support, Alimony, Alimony Pendente Lite, and Spousal Maintenance: a.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. At the time of entry of this Agreement, Wife has an order for spousal support against Husband. Wife shall take all necessary steps to terminate the spousal support order effective as of the date of execution of this Agreement. 16. Medical Insurance: Upon entry of the decree in divorce, Wife shall elect full coverage under her own health, medical and dental insurance, either under the applicable provisions of COBRA, with Wife's group health insurance or another comparable plan. Wife shall be responsible for payment of premiums for the plan. 17. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 19. Legal Fees: In the review and preparation of this Agreement each party incurred his or her own legal fees and shall be responsible for the payment thereof. 20. Non-Compliance: If either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 21. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 22. Summaa of Effect ofAgreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 23. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 24. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. No Waiver of De ault: 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 hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. 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. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. E ect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 30. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 32. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: ate NDOLPH HALL Date DONNA HALL a 0 w C A O a. c? c 0 a. 0 a 0 CD 0 a CD CL O .C) w ca, o .?- 'I CD O lV tv ?v o C CD o W x? o ? a 0 CD P. CD a 0 n. 0 (D CD a ?? S CD 0 CD O ?. ? ' ?C 'b y ID CD a? CD I ?i b CD CD sv r* CD p 'o p a$D ° (or o r- ::r ?r r: -s C ?D CD In cr 00 Ca. `c w v ? o CD 0 "POO 0 (J3 (D' p, w a. o (CD `c o L. mo a. ? i:r a C) o CD ° o o? co CD CL o ?, a. 0 Cl. Wn 0 o C) ::rA o CAD 2 cn wC a 0 o ~? a CD ? o r+ CCD 0 W D C A . o m C CD o w w CD b M 7 RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3390 DONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on October 25, 2007, she served a true and correct copy of Plaintiff's 3301(d) Affidavit and Defendant's Counter-affidavit upon Richard L. Webber, Jr., Esquire, by mailing those documents to his address at 126 East King Street, by Regular, U.S. Mail, a copy of the transmittal letter is attached hereto. Respectfully submitted, FLOWER & LINDSAY AT "- 26 West High Street Carlisle, PA Dated: ( G/ Z O/?f-/Z LS a1 ? dW cr ?30A, ( -, a L (L BARBARA & STM* Ns" Pd& Carlisle Bean, LtiwI --1 1 Coa- PA M commisdn Expira Jae 7 !! SAIDIS, FLOWER & LINDSAY Maf A Matas,?Esquire Attorile Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff r LAW OFFICES _ SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLICE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS TELEPHONE: (717) 243-6- FACSIMILE: (717) 243-6486 JAMES D. FLOWER, JR EMAIL: attorney®sfl-Iaw.com CAROL J. LINDSAY www.sfl4aw.com JOHN B. LAMPI MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH October 25, 2007 Richard L. Webber, Jr., Esquire 126 E. King St. Shippensburg, PA 17257-1326 Re: Hall v. Hall Dear Rich: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Enclosed for service upon you is a time-stamped copy of my client's 3301(d) Affidavit. Also enclosed is a Counter-affidavit for your client's review. Very truly yours, SAIDIS, FLOWER & LINDSAY Maryl Matas, Esquire MM/bb Enclosures cc: Randolph Hall E. Robert Elicker, II, Esquire A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3390 NNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in the attached affidavit, you gust file a counter-affidavit within twenty days after this Affidavit has been served on you the statements will be admitted. AFFIDAVIT UNDER 43301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or before May 10, 2004, and have ued to live separate and apart since that time. 2. The marriage is irretrievable broken. 3. 1 understand that I may lose rights concerning alimony, division of rty, lawyer's fees or expenses if I do not claim them before a divorce is granted. SAIMS, FLOWER & LINDSAY erm,T:uw 26 West High Street Carlisle, PA I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 a.C.S. Section 4904, relating to unsworn falsifications to authorities. ATE: Z/'-nak Ra. olph OAHall, Plaintiff _2 L: _ o --i r; c-a z C. r t:_ E1a v N.) t t(D C fl RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-3390 DONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNTER AFFIDAVIT UNDER 43301(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 either (i), (ii), or both) _ (i) The parties to the action have not lived separate an apart for a period of at least two (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 property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in the foregoing document are true and FLOWER ? LINDSAY API NM-AT-_ 26 West High Street Carlisle, PA correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: Donna M. Hall 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 SHOULD NOT FILE THIS COUNTER AFFIDAVIT. C ? C7 4 }_+ 74 r ' l ? ti ?J 3 eG. ._-' ft- .?. RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3390 DONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE 1, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on November 30, 2007, she served a true and correct copy of Notice to Require the entry of 3301(d) Divorce Decree upon Richard L. Webber, Jr., Esquire, by mailing those documents to his address at 126 East King Street, by Regular, U.S. Mail, a copy of the transmittal letter is attached hereto. Respectfully submitted, SAMIS, FLOWER & LWDSAY W5 dAW 26 West High Street Carlisle, PA Dated: I Z/ZU/ 07 Vu Ss RUMMIM BARBARA L STEEL, Notary hblio Carlisle Boni, Cumberland Co", PA My Commission Expires June 7, 2011 SAIDIS, FLOWER & LINDSAY -"x'( , ct?& Marylo atas, Esgdre Attorney d. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff w, JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH LAW OFFICES r SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-law.com www.sf]-law.com November 30, 2007 Richard L. Webber, Jr., Esquire 126 E. King St. Shippensburg, PA 17257-1326 Re: Hall v. Hall Dear Rich: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Enclosed please find a Notice to Request the Entry of a Divorce Decree. Your client has failed to file a counter-affidavit. Therefore on or after December 17, 20007, 1 will move for the entry of a final decree in divorce. Your attention is appreciated. Very truly yours, SAIDIS, FLOWER & LINDSAY Marylou s, Esquire MM/bb Enclosures cc: Randolph Hall RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-3390 DONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO REQUEST THE ENTRY OF §3301(d) DIVORCE DECREE SAIDIS, FLOWER &. LWDS" AMMM 26 West High Street Carlisle, PA TO: Donna M. Hall c/o Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the §3301(d) affidavit. Therefore, on or after December 17, 2007, the other party can request the court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the court an Answer with your signature notarized or verified or a counter affidavit by the above date, the court can enter a final decree in divorce. A counter affidavit which you may file the Prothonotary of the court is attached to this Notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 or 800-990-9108 Dated: ?Zij/?U•?.-.. Respectfully submitted, SAIDIS, FLOWER & ZIDSAY Oat --k( Mary ou atas, Esquire Attorne .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ld. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this 2 day of 2007, by and between RANDOLPH A. HALL, of 649 N. Franklin Street, Lot 21, Chambersburg, Franklin County, Pennsylvania, 17201, party of the first part, hereinafter referred to as "Husband," AND DONNA M. HALL, of SME Lot 227, Shippensburg, Cumberland County, Pennsylvania, 17013, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on May 5, 1990, in Dillon County, South Carolina; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Marylou Matas, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Richard Webber, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. 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. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date o Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, with the exception of the items listed on Exhibit "A" which is attached hereto and incorporated herein by reference. Said items listed on Exhibit "A" shall be transferred from Wife to Husband within fifteen (15) days of execution of this Agreement by both of the parties. All other items shall be retained by Wife. Wife agrees that all of the remaining property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. A ter Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 2002 Dodge Intrepid vehicle and 1992 Dodge Shadow vehicle which were originally titled in the parties' names jointly. Husband shall execute the titles of the vehicles within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel to Wife's name individually. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. b.) The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of the parties' Dodge Ram 1500 pickup truck and 1995 travel trailer, which were originally titled in the parties name jointly. Wife shall execute the titles to the vehicles within fifteen (15) days upon request to do so by Husband. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. Husband shall retain sole and exclusive ownership and possession of the parties' 1985 Yamaha XT 350 motorcycle and 1982 Yamaha 1100 motorcycle, which were originally titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. 8. Real Estate: The parties are joint owners of a trailer located at SME Lot 227, Shippensburg, Cumberland County, Pennsylvania, which property is currently held in the joint names. Husband agrees that contemporaneously with the execution of this Agreement, he will execute the title for that trailer conveying all of his right, title and interest in the aforesaid trailer to Wife. Husband shall then make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid trailer. From the date of execution and delivery of the title forward, Wife shall be solely and exclusively responsible for making all payments associated with maintenance of the aforesaid trailer, including property taxes and utilities. Wife shall indemnify Husband and hold him harmless from and against any and demands for payment or collection activity of any nature whatsoever on account of the aforesaid trailer from the date of signing and delivery of the aforesaid title forward. The receipt of benefits provided for herein by Husband take into consideration Husband's transfer of his legal and equitable interest in the aforesaid trailer. From the date of execution of this Agreement forward, Husband shall make no claim of any nature whatsoever, legal or equitable, in the interest in the aforesaid real estate. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each parry waives against the other any duty of accounting for disposition of any jointly held funds. If it is discovered that any joint accounts exist as of the date of execution of this Agreement, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. The parties waive and transfer any interest they have in the other's individual accounts, checking or savings that may have been established during the marriage. 10. Pension Interests: Husband owns or has an interest in a profit sharing account through his employment with Food Lion. _Uusband shall transfer the sum of FORTY SIX THOUSAND AND 00/100 ($46,0DOLLARS from this account to an account in Wife's name. Husband's counsel shall prepare a QDRO within 20 days of the date of execution of this agreement to effectuate this transfer. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in any remaining balance of Husband's profit sharing and retirement plan through his employment with Food Lion. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in this retirement account, as well as any other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her employment at Compass Group, USA, Inc. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 11. Investment Accounts: Each party waives any and all right, title or interest they have or may have in the other's investment accounts, stocks, bonds, mutual funds and the like, that are not previously identified as bank accounts or pension interests. Husband and Wife maintain that neither of them have established, maintained or have an interest in any other investment account during the marriage or that may have earned interest during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 12. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on May 10, 2004, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither parry shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: Husband and Wife do not believe there exists any obligations in their names jointly. Husband agrees to maintain responsibility for any debts that are listed in his name individually and for those marital debts that were turned over to collection. Specifically, Husband agrees to maintain responsibility for a Sears account, Lowes account, and Aspire Visa account Wife agrees to maintain responsibility for any debts that are listed in her name individually. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Life Insurance: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 15. Spousal Support, Alimony, Alimony Pendente Lite and Spousal Maintenance: a.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. At the time of entry of this Agreement, Wife has an order for spousal support against Husband. Wife shall take all necessary steps to terminate the spousal support order effective as of the date of execution of this Agreement. 16. Medical Insurance: Upon entry of the decree in divorce, Wife shall elect full coverage under her own health, medical and dental insurance, either under the applicable provisions of COBRA, with Wife's group health insurance or another comparable plan. Wife shall be responsible for payment of premiums for the plan. 17. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 19. Legal Fees: In the review and preparation of this Agreement each party incurred his or her own legal fees and shall be responsible for the payment thereof. 20. Non-Compliance: If either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 21. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 22. Summary of Effect o fAgreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 23. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 24. Mutual Cooperation/Duty to ff ectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. 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 hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. 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. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 30. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. Captions: The captions of this Agreement are inserted only as a matt er of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 32. Agreement Binding, on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, f administrators, successors and assigns. 33. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: ? i 7 w 140le 7 L -- A(z - ate OLPH HALL Date DONNA HALL c r ?ooo???? CD 4 00 0 Iwo Od CD Ps 5- `° Ito D PL C +, 5 P-1 ... CD CD w ?, -- b CD ?3 CD COD CL r, n N CD GL ?. o Sy 0 CD CD CL • W' cry o s aO 1?'..!I C aw ?. CD P CD ?31 ow n a" cD C'D CL 'o a ? D 0 M? op d a o CD CCD a o G v? 0 CL " CD a ' 0 ° ?`_" ? gifts s E?I,k??tt A - C? ? J r <? T l fir? r I r- RANDOLPH A. HALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3390 DONNA M. HALL, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD SAMIS, FLOWER & LIlVDSAY 26 West High Street Carlisle, PA To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on July 15, 2004, via certified mail. Proof of service was filed with the Court on July 30, 2004. 3. Date of execution of the affidavit required by 3301(d) of the Divorce Code: October 22, 2007 Date of filing and service of the Plaintiff's affidavit upon the Respondent: Filed on October 22, 2007; Served on Respondent through counsel on October 25, 2007, via regular mail. Proof of service is attached. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated October 22, 2007, are incorporated, but not merged, into the Decree in Divorce. 5. Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: Served on Respondent through counsel of record on November 30, 2007, via regular mail. Proof of service is attached. .? f Ma [ atas, esquire SAIDI LOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: December 20, 2007 7 1 '`C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RANDOLPH A. HALL Plaintiff No. 04-3390 VERSUS DONNA M. HALL Defendant DECREE IN DIVORCE AND NOW, • !JU ?, IT IS ORDERED AND RANDOLPH A. HALL DECREED THAT , PLAINTIFF, AND DONNA M. HALL DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR?THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; %NQ The terms of the Separation and Property Settlement Agreement dated October 22, PROTHONOTARY y_ r Lo ?? of JUN 0 d 2009 RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-3390 DONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This cause came before the Court for entry of a Qualified Domestic Relations Order as that term is defined and applied under Section 414(p) of the Internal Revenue Code of 1986 or any successor statute thereto (the "Code"). As the terms of this Order have been stipulated and agreed to by the parties, and the Court has been fully advised thereof, IT IS HEREBY ORDERED AS FOLLOWS: 1. Background. This Order pertains to the Merrill Lynch Profit Sharing and Retirement Plan of Food Lion, LLC Account (hereinafter referred to as the "Plan"); is incorporated into the judgment order dissolving the marriage of the parties; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to enforce the terms of this Order. 2. Applicable Law. This Order is intended to be a Qualified Domestic SAMILS, FILONVERR & L *4DSAY 26 West High Street Carlisle, PA Relations Order (hereinafter referred to as "QDRO") as that term is defined by Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA. This Order relates to the equitable division of martial property as defined under the Pennsylvania Domestic Relations Code of 1980, as amended. 3. Definitions. As used in this Order, the following terms shall apply: a. "Participant' shall mean Randy Hall, whose current address is 649 N. Franklin Street, Lot 21, Chambersburg, Pennsylvania, 17201 and whose Social Security Number is (deleted on original) and whose date of birth is March 16, 1963. b. "Alternate Payee" shall mean Donna M. Hall, whose current address is SME Lot 227, Shippensburg, Pennsylvania, 17257, and whose Social Security Number is (deleted on original) and whose date of birth is September 7, 1957. C. "Administrator" shall mean The Plan Administrator for the Merrill Lynch Profit Sharing and Retirement Plan of Food Lion, LLC Account, in care of Food Lion, LLC, Department of Human Resources, PO Box 1330, 2110 Executive Drive, Salisbury, North Carolina 28145. 4. Assignment to Alternate Payee. The Alternate Payee (who is the former spouse of the Participant) is awarded and assigned the amount of $46,000.00, from Participant's 401(k) account. Any outstanding loans shall be treated or allocated as follows: Participant shall continue to make payment on any outstanding loans and such loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this paragraph. 5. Commencement of Assigned Benefits to Alternate Payee. The Alternate Payee shall receive the Alternate Payee's assigned benefit under the Plan as soon as administratively practicable following the Administrator's determination that this Order is a Qualified Domestic Relations Order. 6. Form of Payment. The Alternate Payee shall receive the assigned benefit under this Order in the form of a single sum cash payment designated to a separate account with Merrill Lynch, in Alternate Payee's name, individually, and the Alternate Payee hereby consents to such form of payment. 7. Death of Participant. The death of the Participant, either before or after the SAIDIS, RFIJCF"IER LINDSAY 26 West High Street Carlisle, PA Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the Alternate Payee to any additional benefits. 8. Death of Alternate Payee. a. Before Commencement to Alternate Payee. If the Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, the benefits payable under this Order shall be paid to Alternate Payee's estate. b. After Commencement to Alternate Payee. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Order. 9. Plan Provisions to Govern. This Order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan, as now or hereafter in effect. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as from time to time in effect under the Plan. 10. Limitations. This order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to: a. Make any payment or take any action which is inconsistent with any federal law, rule, regulation, or applicable judicial decision; b. Provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; C. Pay benefits to the Alternate Payee that are required to be paid to FLOWER & LINDSAY 26 West High Street Carlisle, PA another alternate payee under another order previously determined to be a Qualified Domestic Relations Order in accordance with the provisions of Code Section 414(p) and Section 206(d) of the Employee Retirement Income Security Act. 11. Mailing to Last Known Address. All appropriate payments, notices and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate on a complete discharge of the obligations, with respect to such payment or communication, of the Plan. 12. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Administrator as a Qualified Domestic Relations Order BY TH CIS ? LINDSAY 26 West High Street Carlisle, PA v", 10 10ON Date Witness: Wi s: C J. Parti ndolph H911 Dated: 6 ?Alternate Payee: Donna M. Hall Dated: 1-16167 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF t " 0 A&A eJ2 t- On this ?ay of , 2009, before me, the undersigned officer, personally appeared Randolph A. Hall, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set m nd and official se JALAA otary Public NOTAJUAL SEAL BARBARA L STEM, Netw? Public Carlisle Boron CimsbcdW Comsry, PA M Commission ices June 7, 2011 SAM, FWVV RI & LINDSAY 26 West High Street Carlisle, PA COMMONWEALTH OF PENNSYLV NIA SS COUNTY OF On this CSC ?k day of CA66v- - , 2009, before me, the undersigned officer, personally appeared Donna M. Ha known to me (or satisfactorily proven) to be the person whose name is subscribed to th within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set OF THEE rROT,, ONOTARY 1009 JUN 10 AM 11: 5 4 1h1 14,1l1l04 ? cof I ;w /n?tLca-'6 ?? IN . mss ? p4.{y J . l,Je?lf , RANDOLPH A. HALL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DONNA M. HALL, DEFENDANT 04-3390 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2009, the attached document which contains the social security numbers of the parties, in contrast to the similar document that does not contain those numbers, should not be scanned. :sal By the ALED-OFFICE OF THE PPOTf-KNOTARY 2009 J0 10 P: 53 , is .nom i C?c?. V RANDOLPH A. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-3390 DONNA M. HALL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on June 18, 2009, she served a true and correct copy of the Qualified Domestic Relations Order upon Food Lion, LLC, my mailing those documents to the it's address at Dept. of Human Resources, P.O. Box 1330, 2110 Executive Drive, Salisbury, NC 28145 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Kris Huffman. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Ma tas, E re ID No. 9 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff &?za%q SAIDIS, FLOWER & LINDSAY ATCOPbM-AMAW 26 West High Street Carlisle, PA I ¦ Complete items 1, 2, and & Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse sathat we can return the card to you. ¦ Attach this card to the back of the mallplece, or on the front if space permits. 1. Argde Addressed to: Food Lion, LLC Dept. of Human Resources P.O. Box 1330 2110 Executive Drive Salisbury, NC 28145 A. Signature ? Agent X ? Addressee B. Re? e y D. Is delivery address diften from Rom 1? E3 yes D. Is delivery dress diftent from Mom 1? ? Yes If YES, enter delivery address below: ?KNo 3, Service Type Mall ? Express Mail Registered ? Return Receipt for Mercfrendise ? Insured Mail ? C.O.D. 4. Restricted DsNaery? Pft FbO ym 2. Article Number 7003 Lola X001 1189 5212 (Tiarrsflsr from service /eberJ --------------- PS Form 3811, February 2004 Domestic Return Receipt 102596-02-M-1540 ?rc OF THE PRiC.T?-4n T'ARY 2009 JU14 2b A 9: 4 6 CUMEL 'l-,JNTY i N'SYLIVI NI