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HomeMy WebLinkAbout02-1969 NMIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVIIA TERRIE A. GARLICK, NO. 02-1969 -? C_ n Plaintiff," v -C3r co VS. CIVIL ACTION-LAW , 76 MARK A. GARLICK, Defendant. PETITION TO TRANSFER VENUE PURSUANT TO PA RCP 1006(d)(1) r a ? 0 C7 r -c AND NOW, this day of , 2010, comes the Defendant, Mark A. Garlick, by and through his attorneys, Mooney and Associates, by Amy E. W. Ehrhart, Esquire, and files this Petition To Transfer Venue Pursuant To Pa. R.C.P. 1006(d)(1), whereof the following is a statement, to wit: 1. Petitioner is Defendant Mark A. Garlick, an adult individual, currently residing at 106 Lincoln Way West Rear, New Oxford, PA 17350. 2. Respondent is Plaintiff Terrie A. Garlick, an adult individual, currently residing at 1568 Baltimore Road, Dillsburg, York County, PA 17019. 3. Respondent filed a Complaint Under Section 3301(c) or 3301(d) of the Divorce Code on April 18, 2002. 4. In April of 2002 Respondent did not reside in Cumberland County; rather, she has maintained the same residence in York County at 1568 Baltimore Road, Dillsburg, Pa 17019 from the time she filed the Compliant through the present. 5. In the Complaint Respondent averred Petitioner lived in Mechanicsburg, Pennsylvania. However, the only time Respondent ever spent overnights in Mechanicsburg, or any other location within Cumberland County, was during a two month period in 2002 when he slept in an RV which was parked in his parent's driveway. 6. Petitioner currently resides in Adams County. 7. Pursuant to Pa.R.C.P. 1006(d)(1), "for the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate county of any other county where the action could originally have been brought." 8. In April of 2002 Petitioner was living in Adams County in East Berlin, Pennsylvania.; thus, pursuant to Pa. R.C.P. 1920.2, the action could have originally been brought in Adams County. 9. Neither party currently resides in Cumberland County. 10. None of the witnesses to be called would be from Cumberland County. 11. The parties do not own any real property in Cumberland County. 12. Neither party would be prejudiced by transferring the venue to Adams County. 13. No delay will result as a consequence of this transfer of venue; to the contrary, upon transfer Petitioner will immediately appoint the master and move this stagnant matter to its conclusion. 14. The Honorable Judge Edward E. Guido has heard argument from counsel on only one other issue in the same or related matter: Defendant's Petition to Enforce Discovery and For Special Relief. 15. Petitioner has sought concurrence of opposing counsel, Nora F. Blair, Esquire. She does not concur. WHEREFORE, Petitioner respectfully requests this Honorable Court transfer this action to the Court of Common Pleas of Adams County, Pennsylvania. Respectfully submitted, MOONEY & ASSOCIATES By: Amy E. W. sq r Attorney for Mendant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 VERIFICATION I verify that the statements made in the P e t_i t i o n to Transfer V e n u are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. -00 '(W V Date: 1/27/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, NO. 02-1969 Plaintiff, vs. CIVIL ACTION - LAW MARK A. GARLICK, Defendant. ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Amy E. W. Ehrhart, Esquire, attorney for the above Defendant, hereby certify that on this 0 day of 2011, I have forwarded a copy of the Petition to Transfer Venue Pursuant to Pa. R.C.P. 1006(d)(1), in the above-captioned action to the following individual(s) by regular U.S. Mail as set forth below: Nora F. Blair, Esq. P.O. Box 6216 Harrisburg, PA 17112-0216 Respectfully submitted, MOONEY & ASSOCIATES Amy B-14-5 _F Att ey or Defendant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 ?7 N rn Co 4r r7l =;;o -urn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS AftA c? TERRIE A. GARLICK, NO 02-1969 .D . ^ } Plaintiff. - -'? VS. MARK A. GARLICK, Defendant. ACTION IN DIVORCE PETITION FOR SPECIAL RELIEF TO COMPEL TERRI A. GARLICK TO EXECUTE LEASE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Defendant, Mark A. Garlick, by and through his attorneys, Mooney & Associates, by Amy E. W. Ehrhart, Esquire, files the following Petition for Special Relief To Compel Terri A. Garlick to Execute Lease or in the Alternative to Order Interim Distribution of Marital Assets and respectfully represents: I . Your Petitioner is Mark A. Garlick, the above-captioned Defendant, residing at 106 Lincolnway West Rear, New Oxford, Adams County, Pennsylvania 17350. 2. Your Respondent is Terrie A. Garlick, the above-captioned Plaintiff, residing at 1568 Baltimore Road, Dillsburg, York County, Pennsylvania 17019. 3. Respondent filed a Complaint Under Section 3301(c) or 3301(d) of the Divorce Code on April 18, 2002. 4. Petitioner and Respondent are owners as tenants by the entirety of a certain parcel of land located in Wyalusing Township, Bradford County, Pennsylvania. 5. The property is approximately 18 acres, and is currently undeveloped. 6. Chesapeake Appalachia L.L.C. has been contacting nearby residents of Wyalusing Township to propose a lease agreement for gas and oil rights. 7. Chesapeake Appalachia L.L.C is currently offering the parties an oil and gas lease with $4,000 per acre in upfront bonus money and 18% royalty. See letter from Chesapeake Energy dated December 20, 2010, attached as Exhibit A. 8. Based on the acreage of the parties' property, the marital estate stands to gain $70,520.00 as an initial bonus for signing the lease. 9. Petitioner believes and therefore avers the future income which can be derived through this lease agreement will be substantial; and therefore, in addition to being of benefit to the parties, will also be of great benefit to the parties' children. 10. Several nearby property owners, including Respondent's brother who owns the property directly beside the parties' property, have already signed agreements with Chesapeake Appalachia L.L.C. 11. Respondent refuses to sign the oil and gas lease. 12. It is believed and therefore averred there is a limited number of lease agreements which will be sought by Chesapeake Appalachia, L.L.C. 13. Respondent's refusal to sign the lease agreement amounts to a dissipation of a marital asset. 14. The Honorable Judge Edward E. Guido has heard argument from counsel on only one other issue in the same or related matter: Defendant's Petition to Enforce Discovery and For Special Relief. 15. Petitioner has sought concurrence of opposing counsel, Nora F. Blair, Esquire. She does not concur. WHEREFORE, Petitioner respectfully requests this Honorable Court order Respondent/Plaintiff Terrie A. Garlick to take whatever steps may be necessary to join Petitioner/Defendant Mark A. Garlick in entering into the oil and gas lease agreement as proposed by Chesapeake Appalachia, L.L.C. in their letter dated December 20, 2010. IN THE ALTERNATIVE, ORDER INTERIM DISTRIBUTION OF MARITAL ASSETS 16. Paragraphs 1 -15 are incorporated by reference. 17. When the parties were still married, Husband owned his own business while Wife worked a more traditional job. 18. By agreement of the parties Husband used the profits from his business to pay almost all of the parties' expenses, and as a byproduct of this arrangement Wife was able to make substantially larger contributions to her 401(k) and retirement plans than she would have been able to make otherwise. 19. For many years Husband's business was profitable; however, shortly before the parties separated, Wife refused to sign a j oint loan which was necessary for the purchase of inventory items at Husband's business. 20. The loan was similar to loans which had been taken by the parties for the benefit of Husband's business several times in the past and there was no rational reason for Wife's sudden refusal. 21. As a result of Wife's failure to sign the joint loan, Husband's was forced to sell his business. 22. Since the parties separated Husband has not been able to achieve the same level of earnings which he was enjoying during the period in which he owned his business. 23. During the same period Wife's earning have steadily increased. 24. Wife has maintained full control of all of the 401(k) plans and retirement packages, including the portions of same which were made possible by the substantial contributions of Husband. 25. Husband does not have any 401(k) or retirement package. 26. At all times since the parties separated nine years ago Wife has retained control of the marital home. 27. Wife has also purchased a separate home in which she currently resides. 28. Husband does not own a home. 29. Wife has access to much larger financial resources. 30. Wife has consistently delayed litigation. 31. Wife's refusal to sign paperwork which would be beneficial to both parties further denies Husband the resources with which he might advance litigation. WHEREFORE, Petitioner respectfully requests this Honorable Court order Plaintiff Terrie A. Garlick to make an interim distribution against equitable distribution to Defendant Mark A. Garlick in an amount equal to the initial bonus for signing the oil and gas lease agreement as proposed by Chesapeake Appalachia, L.L.C. in their letter dated December 20, 2010. Respectfully submitted, MOONEY & ASSOCIATES B - `--'7fz Amy E. W. squir Attorney for Defendant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 VERIFICATION I verify that the statements made in the Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: 1/27/2011 JUSTIN CLARK, Leasing Agent REDSKY LAND, LLC 658 East Maine Road Johnson City, NY 13790 Cell Phone: 607-821-9221 December 20, 2010 Mark Garlick 106 Lincoln Highway West Rear New Oxford, PA 17350 RE: Oil and Gas Lease Dear Mr. Garlick: I'm writing this letter to you in regards to a piece of property that you own located in Wyalusing Township, Bradford County Pennsylvania. At this time Chesapeake Energy is determining which properties they can include in their drilling units and which properties they will be forced to exclude and drill around. By signing an oil and gas lease agreement with Chesapeake Energy you will receive an upfront bonus offer and royalty on the natural gas that is marketed from under your property. A well unit In your area could typically produce gas for possibly 50 years providing you and your family with royalties for the life production of the wells drilled in your area. if you do not sign a lease agreement, Chesapeake will be forced to drill around your property and you will be excluded from the unit and receive no compensation. At this time we are offering $4000.00 per acre in upfront bonus money and 18% royalty. You would get a bonus check in 120 business days in the amount of $70,520.00 Please call me for more information about these exciting developments that are occurring in your area and to discuss our current offer as it Is always subject to change. Best Regards, Justin Clark, Leasing Agent for RedSky Land, LLC Agency Representing Chesapeake Energy - Exhibit A - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, NO. 02-1969 Plaintiff, VS. CIVIL ACTION - LAW MARK A. GARLICK, Defendant. ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Amy E. W. Ehrhart, Esquire, attorney for the above Defendant, hereby certify that on this a day of ?cchvaY4 , 2011, I have forwarded a copy of the Petition for Special Relief To Compel Terri A. Garlick to Execute Lease or in the Alternative to Order Interim Distribution of Marital Assets, in the above-captioned action to the following individual(s) by regular U.S. Mail as set forth below: Nora F. Blair, Esq. P.O. Box 6216 Harrisburg, PA 17112-0216 Respectfully submitted, MOONEY & ASSOCIATES A rh uire Attorney for Defendant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 .i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, NO. 02-1969 Plaintiff, vs. CIVIL ACTION-LAW =M rrI °° rn - r- X ?' ? e rn s • MARK A. GARLICK, c? Defendant. 5-C: C-) C:D ORDER, AND NOW, this r day of 2011, upon consideration of the foregoing Defendant's Petition for Special Relief To Compel Terri A. Garlick to Execute Lease or in the Alternative to Order Interim Distribution of Marital Assets, it is hereby ordered that: (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within opto days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within days of this date; ot 11* A A, (5) ar ent shall be held on , 2011 m Courtroom of the Cumberland Coun Courthouse; and (6) 1-1 Amy E.W. 3 notice of the entry of this order shall be provided to all parties by the petitioner. Ehrhart, fst 0,ope, Wled al / DZ6 'BY RT: J. ' Nora F: Blow, &99- 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, NO. 02-1969 Plaintiff, _' C) VS. CIVIL ACTION-LAW m rn- ? a rn r MARK A. GARLICK, c n m rn c Defendant. r'' oc C-0 r, ORDER a? -. AND NOW, this day of 2011, upon consideration of the foregoing Petition To Transfer Venue Pursuant To Pa. R.C.P. 1006(d)(1), it is hereby ordered that: (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within 4010 days of this date; (3) the petition shall be decided under Pa.R.C..P. No. 206.7; (4) depositions shall be completed within 7 Q days of this date- notq?YOA.0M (5) argument shall be held on M , 2011 in Courtroom -f44* 1 03 of the Cumberland Coun Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the petitioner. v-Arny E .W. Ehrhar-, Malej Nom F. BWr, F,& eP'e5/a/" °? A0 J. 0 T 4HOTAR 2011 FEB 24 FM 1`08 UMPE ERLAND COUNTY Nora F. Blair, Esquire Attorney for Terrie A. Garlick 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969 :CIVIL ACTION -- DIVORCE ANSWER TO PETITION TO TRANSFER VENUE PURSUANT TO PA. R.C.P. 1006(d)(1) And now comes Terrie A. Garlick and by and through her attorney, Nora F. Blair, Esquire, files this Answer to Petition to Transfer Venue Pursuant to Pa. R.C.P. 1006(d)(1) and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Denied. It is specifically denied that the Complaint was filed on April 18, 2002. To the contrary, Plaintiff filed the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code on April 22, 2002, was then reinstated October 23, 2002, reinstated December 3, 2002, and then reinstated March 10, 2003. TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969 CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Petition to Transfer Venue Pursuant to PA. R.C.P. 1006(d)(1) on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Amy E. W. Ehrhart, Esquire 230 York Street Hanover, PA 17331 Date: February 22, 2011 i . Rtil iitN0AR` ??t??+6?Rt_A?D COUNTY p??NSY1-VA?IA Nora F. Blair, Esquire Attorney for Terrie A. Garlick 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1969 CIVIL ACTION -- DIVORCE ANSWER TO PETITION FOR SPECIAL RELIEF TO COMPEL TERRI A. GARLICK TO EXECUTE LEASE And now comes Terrie A. Garlick and by and through her attorney, Nora F. Blair, Esquire files this Answer to Petition for Special Relief to Compel Terri A. Garlick to Execute Lease and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Denied. The original Divorce Complaint was filed on April 22, 2002, was then reinstated on October 23, 2002, reinstated on December 3, 2002 and then reinstated March 10, 2003. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. By way of further response, the bonus would only be payable if the parties decide to enter into the lease. Further the property was purchased using a loan from Plaintiff"s 401(k) for the down payment and a mortgage against the property. Plaintiff has made all payments on the loan for the down payment and the mortgage with most payments being made after the parties' separation. 9. Denied. Plaintiff has no knowledge of what Defendant believes and therefore this averment is denied. By way of further response, there is no guarantee of any future payments. 10. Admitted. 11. Admitted. By way of further response, Plaintiff's family lives in the area where this land is located and Plaintiff plans to retire in that area and build on the subject property. Therefore Plaintiff wants to insure the integrity of the property. 12. Denied. It unknown how many lease agreements are being sought by Chesapeake Appalachia, therefore this averment is denied. 13. Denied. It is specifically denied that Plaintiffs refusal to sign is a dissipation of the marital estate. To the contrary the property was purchased as land for building a retirement home and not with the idea of making a large sum of money from an oil and gas lease. 14. Admitted. 15. Admitted. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court deny Defendant's request to enter into the oil and gas lease agreement as proposed by Chesapeake Appalachia, L.L.C. IN THE ALTERNATIVE ORDER INTERIM DISTRIBUTION OF MARITAL ESTATE 16. The answers to paragraphs 1-15 are incorporated by reference. 17. Admitted. 18. Denied. It is specifically denied that Husband paid almost all of the parties' expenses. By way of further response, Husband's income was approximately 30% of Wife's income and both parties put their income into a joint account that was used to pay expenses. 19. Denied. it is specifically denied that Husband's business was profitable after considering the amount of debt that was incurred for the business. By way of further response, Wife refused to sign for an additional loan because she had no idea what Husband had done with the funds from previous loans and Husband was spending at least half of the week away from the marital home without Wife having any idea where Husband was or what Husband was doing. The debt for Husband's business forced Wife into a Chapter 13 bankruptcy where she paid back some of the debt through the Chapter 13 Plan and paid Husband for his equitable interest in marital property through the Chapter 13 Plan. 20. Denied. It is specifically denied that there was no rational reason for Wife not to sign the loan documents. Husband was not coming home and Husband had not accounted for the funds that were disbursed from prior loans. Wife did not want to incur any additional debt for a business that was not producing sufficient income and where Husband was not at home. 21. Denied. Wife's failure to sign for yet another loan was not the cause of the business failure. Only Husband knows what he had done with all of the funds taken out in loans for the business. By way of further response, Husband sold assets of the business but failed to pay any of the business creditors with the funds that he received. 22. Denied. It is specifically denied that Husband has not been able to achieve the same level of earnings which he was enjoying during the period in which he owned the business. To the contrary, Husband's business only survived because of the debt that was incurred. Husband's business was not self-sustaining and Husband was unable to incur any debt on his own but required Wife to co-sign for any debt to assist the business. Upon information and belief, Husband has been doing quite well in his new employment. 23. Admitted. 24. Admitted in part. Denied in part. It is admitted that Wife has made contributions to her 401(k). It is specifically denied that Husband made it possible for her to make contributions. Husband's income from the business was insignificant after deducting the loans taken out for the business. By way of further response, husband received his equitable share of the retirement accounts through the Chapter 13 Plan. 25. Denied. Wife has no idea what Husband did with all of the money from his business and the funds from the loans taken out for the business. Therefore Wife has no idea whether or not Husband has a 401(k) or retirement package. 26. Admitted with clarification. Husband began spending half of his time away from the marital residence. Wife had no idea where Husband was or what Husband was doing. Therefore wife did not sign for an additional loan and Husband abandoned the marital residence thereby vesting control in Wife. By way of further response, the parties daughter and grandchild live in this home. 27. Denied. It is specifically denied that Wife has purchased a separate home or that Wife has purchased any real estate since the parties' separation. Strict proof is demanded at hearing. 28. Denied. It is unknown as to what Husband owns. 29. Admitted. By way of further response, Wife has worked hard and has saved for herself and her future. In addition Wife has paid on the debt created for Husband's business and paid Husband for his equitable share of marital property through the Chapter 13 Plan. 30. Denied. It is specifically denied that Plaintiff has delayed litigation. Defendant has had several attorneys throughout this process which has caused delay. Further it is Defendant who has caused the delays. In fact nothing occurred after counsel for Plaintiff sent a detailed letter to counsel for Defendant in October 2, 2009, until counsel for Plaintiff discussed the case with Attorney Mooney at the York county Courthouse. 31. Denied. It is specifically denied that signing the lease presented to Plaintiff would be appropriate. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court deny the request that Plaintiff make an interim distribution against equitable distribution to Defendant Mark A. Garlick in the amount equal to the initial bonus for signing the oil and gas lease agreement as proposed by Chesapeake Appalachia, L.L.C. in their letter dated December 20, 2010. DATED: 92/22/2"'.'. '1T, '.,:'.2 PAY, 7172607079 CORPORATE TAT.. DEPT yERIFYCATXON Y verifl, that the statement made in the foregoing document are true any' t of my knowledge, information and belief . I understand that the c'?rre'?t to the bes 4904 relating ments therein are made subject to the penalties of 18 pa. G.S. § state si nature or my to unsworn falsification to authorities. A facsinule of my g nil tune on a scanned copy of this Verification shall be accepted as an ongi ;;igna signature. Dated: i TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969 CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Petition for Special Relief to Compel Terri A. Garlick to Execute Lease on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Amy E. W. Ehrhart, Esquire 230 York Street Hanover, PA 17331 Date: February 22, 2011 `Lri°16E E PROTNONOTAi 2011 AIF® 29 P110: 12 nU l1SERLAND COUNT;' PENNSYLVANIA Nora F. Blair, Esquire Attorney for Terrie A. Garlick Supreme Court ID 45513 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1969 CIVIL ACTION -- DIVORCE MOTION TO WITHDRAW APPOINTMENT OF MASTER AND NOW comes Terrie A. Garlick by and through her attorney, Nora F. Blair, Esquire, files this Motion to Withdraw Appointment of Master, and in support thereof avers as follows: 1. 2. 3. A Motion to Appointment of Master was filed by Plaintiff on December 3, 2003. E. Robert Elicker, Esquire, has been appointed to serve as the Master in this divorce case. The parties have now settled all of the outstanding issues in the divorce matter and entered into a Marital Settlement Agreement dated April 25, 2011. 4. There are no outstanding issues remaining to be resolved by the Master. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court withdraw the appointment of the Master and enter a Decree of Divorce. Respectfully submitted, DATED: ora F. Blair TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969 :CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Motion to Withdraw Appointment of Master on the persons in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Amy E. W. Ehrhart, Esquire 230 York Street Hanover, PA 17331 Date: Re submitted, ora 1?'.' Blair TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969 CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT rgC n O --a ?.._ tR C3 p ; CD --; , 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on April 22, 2002, reinstated March 10, 2003, and served on April 9, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. 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. DATED:/ate ( 1 < J TERRIE A. LICK Plaintiff TERRIE A. GARLICK, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1969 MARK A. GARLICK, : CIVIL ACTION -- DIVORCE'. ' E Defendant' = =! - ' WAIVER OF NOTICE OF INTENTION TO REQI?W ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver 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. DATED: 02(? 1 TERRIE A. G LICK Plaintiff i` ED-CF FI1,E _ `.y'f7T?PCOAr€`'' 201 1 PR 29 AM la: 13 C"W1DERLAND CQUNTY Nora F. Blair, Esquire PENNSYLVANIA Attorney for Terrie A. Garlick Supreme Court ID 45513 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 02-1969 :CIVIL ACTION -- DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please mark Plaintiffs claims for Equitable Distribution as withdrawn. tted, DATED: L) '2 J - P ora F. Blair LE0 C 00 HONoTAR`; 2111 (T,R 29 AN 10: 13 Nora F. Blair, Esquire `?I BERLAND C OUN? Attorney for Terrie A. Garlick 'r-M $ Supreme Court ID 45513 A 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUN'T'Y, PENNSYLVANIA : NO. 02-1969 CIVIL ACTION -- DIVORCE PRAECIPE TO WITHDRAW PETITION TO THE PROTHONOTARY: Please mark Plaintiff s Petition for Bifurcation of Divorce Action that was filed on August 26, 2009, as withdrawn. Respectfully submitted, DATED: Nora F. Blair TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1969 :CIVIL ACTION -- DIVORCE MARITAL SETTLEMENT AGREEMENT rn -?'''Y^ V w.f r f <C:) e AGREEMENT, made this day of.. ?'1??. 2011, by and between MARK A. GARLICK, hereinafter referred to as "Husband", and TERRIE A. GARLICK, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on November 18,1983; WHEREAS, the parties hereto separated on or about March, 2000; WHEREAS, there were two children born during this marriage who are both adults; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are IV -6 A F desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Husband or Wife to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. 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. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 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 this Agreement on the same date. 3 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. ADVICE OF COUNSEL. The provisions of this Agreement and its legal effect have been fully explained to Wife by her attorney, Nora F. Blair, Esquire. The provisions of this Agreement and its legal effect have been fully explained to Husband by his attorneys, John J. Mooney, III, Esquire, and Amy E. Ehrhart, Esquire. The parties acknowledge 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 and 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. The parties further acknowledge that they have each made to the other a full and complete disclosure of his or her respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of 4 '3?` disclosure that may have been fraudulently withheld. The parties further acknowledge that as a part of the settlement negotiations between the parties, each party has disclosed to the other party all assets owned by the disclosing party having a value in excess of two thousand dollars ($2,000.00). In the event that either party, at any time hereafter discovers an undisclosed marital asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. 6. PERSONAL RIGHTS. Husband and Wife, at all times hereafter, may and shall 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 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. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, 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 or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or 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 Pennsylvania, any State, Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, 'except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other with or upon the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations ofwhatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. BANK ACCOUNTS. Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that each account or plan shall be the sole and separate property of the person in whose name the account is titled and each party waives any right, title or interest they may have in the other party's accounts. The funds in the parties' joint account at the time of separation were used to pay bills acquired while the parties were together. Both parties agree to execute any documents necessary to effectuate this paragraph. 10'. RETIREMENT ACCOUNTS. Husband grid Wife are or maybe the owners of individual retirement accounts, pensions, employee savings plans and stock bonus plans. Husband and Wife agree that each account or plan shall 7 11. be the sole and separate property of the person in whose name the account is titled and each party waives any right, title or interest they may have in the other party's accounts or plans. Specifically Wife's Highmark Pension Plan and Wife's Highmark 401(k) Investment Plan shall be Wife's sole and separate property. Both parties agree to execute any documents necessary to effectuate this paragraph. PERSONAL PROPERTY. Husband and Wife have accumulated various tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. The parties have divided their personal property to the satisfaction of both parties. Each party shall retain as his or her sole and separate property their clothing, jewelry and other items of personalty. Each party shall retain all of the personal property in his or her possession. Except as indicated below, Wife shall retain as her sole and separate property the household furniture and furnishings in the marital residence, but may choose to leave that property at the marital residence for use by the parties' daughter. Wife shall determine the disposition of said household furniture and furnishings. The parties agree that the Grandmother's clock made by Husband's father, the generator for the trailer, the snow blower, and the lawn mower shall be Husband's sole and separate property. Wife shall assure that the snow blower and lawn mower are in working order. If the canoe, the mower deck 8 ,L! and the engine that was in the garage can be located, these items shall be Husband's sole and separate property. Husband may use the dumpster obtained by Wife. Wife shall be solely responsible for payment for the dumpster. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. 12. 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. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. At the time the parties' daughter is no longer using the property, Wife shall determine the disposition of the property. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon the request of the other party. 13. REAL ESTATE -- YORK COUNTY. The parties are the owners of a house located at 1568 Baltimore Road, Dillsburg. Wife agrees to complete on or before August 31, 2011, repairs to the real estate that she had planned to 9 make. Specifically Wife agrees to replace the carpet in the family room, do painting on the interior that she had planned to do, repair the window screens and repair the two screen doors. Husband shall retain said real estate as his sole and separate property. Simultaneously with signing this Agreement, Wife shall execute a Quit Claim Deed transferring her interest in said real estate to Husband. Wife's counsel shall prepare said Quit Claim Deed. Wife shall be solely responsible for the payment of the mortgage and all other expenses associated with said real estate until the date that Wife executes the Quit Claim Deed transferring her interest to Husband. Wife shall continue to make the mortgage payments on said real estate after she executes the Quit Claim Deed until fifteen (15) days after the date of the check for the bonus payment as set forth in paragraph 15 below. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. Within fifteen (15) days of the date of the check for the bonus money as set forth in paragraph 15 below, Husband shall pay the mortgage in full. Husband shall provide to Wife a copy of the check showing the date of payment of the bonus money, proof of payment of the mortgage in full and a copy of the Satisfaction Piece. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. The insurance on - 10 XA? the property and the real estate taxes are paid through the escrow account of the mortgage. Husband shall obtain his own insurance on the property as of the date that title is placed in his name alone. Husband shall endorse over to Wife the check that is received as a refund on the current homeowners insurance premium. Wife shall endorse over to Husband the check that is received for the balance of the escrow account when the mortgage is paid in full. Wife shall claim the mortgage interest and real estate taxes that she has paid either directly or through the mortgage for federal tax purposes for 2011 and all prior years since the parties' separation. 14. REAL ESTATE -- BRADFORD COUNTY. The parties are the owners of land located in Wyalusing Township, Bradford County consisting of approximately eighteen (18) acres. Wife shall retain said real estate, other than the oil and gas lease as set forth below in paragraph 15, as her sole and separate property. Simultaneously with signing this Agreement, Husband shall execute a deed transferring his interest in said real estate, other than the oil and gas lease, to Wife. Said deed shall be prepared by Husband's counsel. Wife shall be solely responsible for the payment of the mortgage and all other expenses associated with said real estate as of the date of the parties' separation. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. Wife shall claim the mortgage 11 "Ag interest and real estate taxes for said property for federal tax purposes for all years since the parties' separation and all subsequent years. 15. OIL AND GAS LEASE: Chesapeake Appalachia LLC, an Oklahoma Corporation, (hereinafter "Chesapeake") has offered to enter into a Memorandum of Oil and Gas Lease and Paid-Up Oil and Gas Lease with Husband and Wife for the real estate in Bradford County. Husband and Wife have agreed to enter into the lease simultaneously with the signing of this Agreement and to send the lease by Federal Express to Red Sky Leasing on the same date. Husband shall receive all of the bonus money paid for signing the lease. The parties direct Chesapeake to issue the check in Husband's name alone and to mail the check to Husband. The parties agree that they shall each receive one-half of all other payments pursuant to the oil and gas lease including but not limited to the any bonus money paid for additional terms of the lease, one-half of the Royalty fees paid and one-half of the Delay Rental. The parties direct Chesapeake to issue the checks for one-half of all other payments separately to Husband and Wife and that the checks be mailed to each party's correct mailing address. The terms for payment shall be included in the lease with Chesapeake. The parties agree that the oil and gas lease should benefit their children and grandchildren. To that end the parties agree that each party's interest in the oil and gas lease shall remain in that party's name alone until it is given ??c- 12 or bequeathed equally to the parties' children, per stirpes. If because of the delay in executing the lease, Chesapeake does not enter into the lease with Husband and Wife, the parties agree that Wife shall compensate Husband in an amount equivalent to the funds that Husband would have likely received through the lease. If the parties are unable to agree regarding the compensation of Husband by Wife, this Agreement shall be null and void. 16. HUSBAND'S BUSINESS: Husband's business that he operated during the marriage including the assets and receivables shall be Husband's sole and separate property. Husband shall be solely responsible for any debt associated with said business. 17. AUTOMOBILES. At the time of the parties' separation, the parties were the owners of four (4) automobiles. The 1997 Chevy Tahoe, the proceeds from its sale or trade, and any vehicle purchased using this vehicle as a trade shall be Wife's sole and separate property. Wife shall be solely responsible for the payment of any loan on her vehicle. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. The 1997 Chevrolet Impaia, the 1991 Dodge Ram and the 1972 Monte Carlo, the proceeds from the sale or trade of these vehicles, and any vehicle purchased using these vehicles as a trade shall be Husband's 'sole and separate property. Husband shall be solely responsible for the payment of any loan ?? 13 C?--w on his vehicle. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. 18. BANKRUPTCY: Following the parties' separation, Wife filed a Chapter 13 Bankruptcy at number 02-03648 in the Middle District of Pennsylvania. Husband received payments through the Chapter 13 Plan for his equitable distribution share of marital property titled to Wife. Wife made payments through the Chapter 13 Plan on unsecured debt including that acquired by the parties to fund Husband's business. Wife received a discharge of liability for all of the unsecured debt not paid through the Chapter 13 Plan. 19. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created 14 by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. Specifically, the parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations herein if the discharge of the obligation would have a negative impact on the other party. In the event a party files such a bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder and such discharge has a negative impact on the other party, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. 20. LIFE INSURANCE. The parties are or may be the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured, except as indicated below. 1-L-- 15 uap 21. CURRENT LIABILITIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name alone that was not discharged in her bankruptcy. Except as other wise set forth in this Agreement, Husband shall be solely responsible for payment of any and all debt that is in his name alone and any joint debt for which he may be liable and for which Wife's liability was discharged by her bankruptcy. Husband and Wife have either canceled or divided all jointly held credit cards, and they shall be fully and solely responsible for the credit cards, other debts and loans as stated above. Except as otherwise specifically stated in this Agreement, Husband shall be entirely and solely liable for any past, present and future balances due on his credit cards, other debts and loans of any nature whatsoever, and he shall fully indemnify Wife with regard to same. Except as otherwise specifically stated in this Agreement, Wife shall be entirely and solely liable for any past, present and future balances due on her credit cards, other debts and loans of any nature whatsoever, and she shall fully indemnify Husband with regard to same. If either party incurs any debt on a credit card titled to both parties after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated' interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. 16 17. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty'or representation by or from the other party. AK7 17 v2l? C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Personalty Transfer: If either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens: Except as set forth in this Agreement, in the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be soleiy responsible and liable therefor. G. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment ` 18 1,_ in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 1. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. ?`/ 19 `1? K. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. L. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party's estate might be responsible. M. Refinance: Except as otherwise herein provided, in the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. 18. TAX CONSEQUENCES: The parties believe and agree, and have been so advised by their respective attorneys, if any, that the division of property heretofore made in this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue, which is inconsistent with the position set forth in this Agreement. ?W? 20 19. TAX RETURNS AND REFUNDS. The parties received refund checks for the 2000 tax year in the amount of $ 12,749.00 from federal, $ 134.00 from Pennsylvania and $ 186.00 from Maryland. The parties agree that these refunds shall be Husband's sole and separate property and that the balance remaining after payment of taxes owed by Husband shall be paid to Husband. Husband shall take all steps necessary to obtain these refunds and Wife shall endorse to Husband any checks issued in joint names. The parties agree that in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either party in connection with the filing of a joint federal, state or local income tax return for prior years, the parties shall equally share any loss or liability in connection with such tax deficiency or assessment, including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. 20. WAIVER OF PAYMENT OF LEGAL FEES. Wife shall be solely responsible for payment of her legal fees. Husband shall be solely responsible for 1;;K7 21 ?.& payment of his legal fees. Each party waives the right to have the other party pay any of their legal fees or costs. 21. ALIMONY AND ALIMONY PENDENTE LITE. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for any alimony, alimony pendente lite, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party. The parties agree that the terms of this Agreement provide for payment by one spouse for or on behalf of the other spouse and that such payments are necessary for the support and maintenance of the other spouse. 22. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post- death distfibution scheme. The parties by the terms of this Agreement specifically waive the rights of spouse beneficiaries established by federal 22 or state statute including ERISA. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 23. DIVIDED ASSETS. The parties agree to divide all of their assets including but not necessarily limited to real estate, financial accounts, cash, retirement funds, motor vehicles, personal effects and household contents as set forth in this Agreement. Husband and Wife hereby assign all of their respective rights, title and interest to the other as to the divided assets as set forth in this Agreement. Husband shall be the sole and exclusive owner of such assets as divided herein and designated for Husband. Wife shall be the sole and exclusive owner of such assets as divided herein and designated for Wife. 24. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, and that they do not desire marital 7Z 23 jo- counseling. The parties agree to have the divorce decree entered in the divorce action filed in the Court of Common Pleas in Cumberland County at number 02-1969 pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be necessary to proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Counsel for the parties shall withdraw all claims necessary for the Decree to be entered including but not limited to the Motion for the Appointment of the Master, the Petition for Bifurcation, the Petition to Transfer Venue and the Petition for Special Relief regarding the Oil and Gas Lease. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 25. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all A 24 such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 26. WARRANTY AS TO FUTURE OBLIGATIONS. Husband and Wife each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 27. 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. 28. MUTUAL COOPERATION. 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 fof the purpose of giving full force and effect to the provisions of this Agreement. 11-76- 25 jo 29. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 30. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. OTHER DOCUMENTATION. Husband and Wife covenant and agree that they will forthwith (and within no more than ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. 32. 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 default or breach of any provision hereof be construed 'as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. /&/ 26 k-/?- 33. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 34. 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 the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 35. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several 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. fA'? 27 L IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. MARK A. G LICK TERRIE A. G LICK 28 COMMONWEALTH OF PENNSYLVANIA COUNTI'Y OF lof?- :ss. On this, the _ day of 2011, before me a Notary Public of the Commonwealth of Pennsylvania, personally appeared TERRIE A. GARLICK, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public CO MQLIIi Of PfNM[?vi vANW mm" baA Y" ?ubNo duro so! 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF :ss. On this, the "day of 2011, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared MARK A. GARLICK, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. &-Q Notary Public OF PENNSYLVANIA COMWWAS64. NiOOM W N010Y Public HINK"r 9". York JUN Coup 20.2012 CotmM?lor? Aaod Of NotsAa OF-WE THE PPr)Tt4'* L (! MA Y -3 PM 3: G n CUMBERLAND Cc'; a/ Nora F. Blair, Esquire PENNSYLVANIA Attorney for Terrie A. Garlick Supreme Court ID 45513 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 TERRIE A. GARLICK, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1969 MARK A. GARLICK, :CIVIL ACTION -- DIVORCE Defendant ORDER AND NOW, this 3' day of AAA 2011, a Motion to Withdraw Appointment of Master, having been presented by Plaintiffs counsel and it appearing that all issues in this matter have been resolved by the parties, IT IS HEREBY ORDERED AND DECREED that the appointment of E. Robert Elicker, Esquire, as Master in this case is hereby withdrawn. Distribution : Nora F. Blair, Esquire, 5440 Jon estown Road, PO Box 6216, Harrisburg, PA 17112-0216 Amy E. W. Ehrhart, Esquire, 230 York Street, Han over, PA 17331 M?? it E. Robert Elicker, Esquire, 9 North Han over Street, Carlisle, PA 17013-3014 O°Pte5 0 VA CD ?. , -U a Nora F. Blair, Esquire -:? Attorney for Terrie A. Garlick Supreme Court ID 45513 5440 Jonestown Road x" PO Box 6216 j Harrisburg, PA 17112-0216 > - (717) 541-1428 -- TERRIE A. GARLICK, :IN THE COURT OF COMMON PLEAS, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-1969 MARK A. GARLICK, : Defendant : CIVIL ACTION -- DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Amy E.W. Ehrhart, Esquire Attorney for Defendant Nora F. Blair, Esquire, Attorney for the Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after May 23, 2011, requesting that a final decree in divorce be entered. Dated: s°- 3 _ Ij Attorney for Plaintiff Nora F. Blair, Esquire Attomey for Terrie A. Garlick Supreme Court ID 45513 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 TERRIE A. GARLICK, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1969 MARK A. GARLICK, :CIVIL ACTION -- DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD UNDER § 3301(d) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: (a) Date of service: April 9, 2003. (b) Manner of service: Acceptance of Service by Counsel. 3. (a) Date of execution § 3301(d) affidavit: November 12, 2005 (b) Date of filing and service of § 3301(d) affidavit upon the other party: (i) Date filed: November 15, 2005. (h) Date served: November 22, 2005. (iii) Manner of service: First Class Mail to Defendant. 4. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (a) Date of service: May 3, 2011. (b) Manner of service: First Class Mail to Counsel for Defendant. 5. Related claims pending: NONE. All issues were resolved by the Marital Settlement agreement dated April 25, 2011. DATED: Nora F. Blair, Esquire Attorney for Plaintiff TERRIE A. GARLICK, Plaintiff V. :IN THE COURT OF COMMON PLEAS, :CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969 MARK A. GARLICK, Defendant :CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served the Notice of Intention to Request Entry of Divorce Decree and attached Praecipe to Transmit Record on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. Rule 440. SERVICE BY FIRST CLASS MAIL TO: Amy E.W. Ehrhart, Esquire 230 York Street Hanover, PA 17331 Date: May 3, 2011 f !' ILEU-GFF i ; THE 2311 MAY -5 PM 1: 10 IN THE COURT OF COMMONMg????r COUNT E! >?$'?AIIBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, N0.02-1969 Plaintiff, V. CIVIL ACTION - LAW MARK A. GARLICK, Defendant. ACTION IN PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF TO THE PROTHONOTARY: Please withdraw Petition For Special Relief, filed January 28, 2011, which currently has a hearing scheduled on May 9, 2011 at 9:30 AM, which should be dismissed. Respectfully submitted, MAY & ASSOCIATES B Amy E?IlIirhart, Esq., Esquire Attorney or Defendant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, Plaintiff, NO. 02-1969 vs. MARK A. GARLICK, Defendant. CIVIL ACTION - LAW ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Amy E. W. Ehrhart, Esquire, attorney for the above Defendant, hereby certify that on this day of 2011, I have forwarded a copy of the Praecipe to Withdraw Petition for Special Relief, in the above-captioned action to the following individual(s) by regular U.S. Mail as set forth below: Nora F. Blair, Esquire P.O. Box 6216 Harrisburg, PA 17112-0216 Respectfully submitted, M & SOCIATES B hrhart, squire XQY\ Attorney for Defendant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 ?r v NE f,R cl? 11l?-5 PH pENN %Y?`? COUITV/- vANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, V. MARK A. GARLICK, Plaintiff, Defendant. NO. 02-1969 CIVIL ACTION - LAW ACTION IN DIVORCE PRAECIPE TO WITHDRAW PETITION TO TRANSFER VENUE TO THE PROTHONOTARY: Please withdraw Petition To Transfer Venue, filed January 28, 2011, which currently has a hearing scheduled on May 9, 2011 at 9:30 AM, which should be dismissed. Respectfully submitted, M Y & ASS-QCIATES By: Am W-Elffhart, Esq., Esquire Attorney for Defendant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, NO. 02-1969 Plaintiff, VS. CIVIL ACTION - LAW MARK A. GARLICK, Defendant. ACTION IN DIVORCE CERTIFICATE OF SERVICE ^I 1 1, Amy E. W. Ehrhart, Esquire, attorney for the above Defendant, hereby certify that on this day of , 2011, I have forwarded a copy of the Praecipe to Withdraw Petition to Transfer enue, in the above-captioned action to the following individual(s) by regular U.S. Mail as set forth below: Nora F. Blair, Esquire P.O. Box 6216 Harrisburg, PA 17112-0216 Respectfully submitted, moo & ASSOCIATES By: A W. E art, Esquire Attorney for Defendant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Terrie A. Garlick V. Mark A. Garlick NO. 02-1969 DIVORCE DECREE AND NOW, r 0it is ordered and decreed that Terrie A. Garlick plaintiff, and Mark A. Garlick bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The Marital Settlement Agreement dated April 25, 2011, is incorporated into but not merged into this Decree in Divorce. By urt, A"--&. Cod. aej R,hh e $ ee*y ,rte, B/a?i