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Home My WebLink About05-1897 fl\div\RUELL,CAROL-affofconsent CAROL F. RUELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1897 MICHAEL H. RUELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under 5 3301(c) of the Divorce Code was filed on April 13, 2005, and served April 15, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsifica- tion to authorities. ~l>>t 10, }oOr ~_QS,_~.~ CAROL F. RUELL, Plaintiff Date (") C ".. --:"... ~~i: 0.1.- -,.-, i.~~ ~ "" = = c.n ".. c::: C") ~ :r;;g nlf-n ~~ :;:-1 _C""Yi 0-3 .~O c....m ~ -< "'0 ::r.:: ~ N -.J fl\div\RUELL,CAROL-waiverofnotice CAROL F. RUELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1897 MICHAEL H. RUELL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTIO~I TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsi fica- tion to authorities. ~~~.~, CAROL F. RUELL, Plaintiff (") c :;;::. -oi:):' q)L'-', b/ =< r;;.: l:'~,~- :Z, :2. ....> ~ ~ <:7> - - <;?, ~~ :.ot? (2,0 :s;.~ 06 Zrn 9 ~ -0 ::;l: ~ rv -I fl\div\RUELL,CAROL~motiontoincorporate CAROL F. RUELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1897 MICHAEL H. RUELL, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO INCORPORATE j!.GREEMENT INTO DECREE IN DI~)RCE CAROL F. RUELL, plaintiff in the above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorpo- rate and not merge the attached Marital Settlement Agreement, dated May 8, 2005, (original having been filed with the Court on June 16, 2005) into the Decree in Divorce. STONE LaFAVER & ;:;. By Elizo A~:.. ,./ " / / / ,/ / o C <::' -Of} (~, !;;;,i.:', ~? ~." ~~l ~I -<. ...., = c, <.n ",. c= '" o -n :r:;!l f11,.- ,.,m ::ul:;' So ::J::~ 0-- +70 C5rn ",~l 5J .< :2 ~ ~ N Q') fl\div\lincludeagreement CAROL F. RUELL, PlaintifflPetitioner MICHAEL H. RUELL, DefendantlRespondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 CIVlIL 1897 CIVIL ACTION - LAW IN DIVORCE MOTION TO :INCORPC)RATE MARITAL SETTLEMENT AGREEMEN~(, INTO THE RECORD Carol F. Ruell, plaintiff in the above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorpo- rate the attached Marital Settlement Agreement dated May 8, 2005, into the record docketed to the above number. The plaintiff filed a Complaint in Divorce on April 13, 2005. The parties have reached an agreement with regard to the distribution of all marital properties and now desire to make this agreement part of the record. The Plaintiff intends to file a Motion to Incorporate this Agreement as part of the Decree in Divorce within ninety days. 1 Mo, '.~ ,~""n.1 ~nr.'.~ c,r.:CORO l""~Ut >"..-,'4\,), , , t,...,.~''':\'~f r'i'_ ,,, i ',i/tnf)':, ,"'L.' . Il"Je un\ose(ftly-'1 ,,~; 'N :.&.it III ~!IO Coo t ill CarliSle. .... I. / STONE LaFAVER/& SHEKLETSKI / STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTY DEPARTMENT, DOMESTIC RELATIONS DMSION PENNSYL VANIA IN RE THE MARRIAGE OF: CAROLRUELL Petitioner, No. CIVIL 05-1897 and MICHAEL RUELL Respondent. MARITAL SETTLEMENT AGREEMENT This Agreement is made and entered into this 8th day of May 2005 by and between the Petitioner, hereinafter referred to as CAROL F. RUELL, the "Wife" and the Respondent, hereinafter referred to as MICHAEL H. RUELL. or the "Husband". WITNESETH: 1. That the parties hereto were lawfully married on the 6th day of June, 1970, in City of Bergenfield, State of New Jersey; and said marriage was fllgistered therein. 2. That the WIfe has resided in Pennsylvania for a period in excess of90 days prior to the filing of the Petition for Dissolution of Marriage. 3. That four children were born to the parties; no childr,en were adopted by the parties; and that Petitioner is not now pregnant. 4. That there is litigation pending between the parties in the Court of Common Pleas in Cumberland County, Pennsylvania, case entitled CAROl. F. RUELL V. MICHAEL H. RUELL. 5. That irreconcilable differences have developed between the parties causing an irretrievable breakdown of the marriage, that the parties have lived separate and apart for a period in excess of six months. 6. That without any collusion as to said proceeding and without any intent to obtain or stimulate a dissolution of Marriage, the parties hereto consider it to be in their best interests to settle between themselves the issues arising out of said litigation, including, but not limited to, maintenance, division or real, personal and non-marital property, debts and attorneys' fees, and to forever finally and fully settle and adjust between themselves the other rights growing out of the marital or any other relationship now or previously existing between them and to fully and finally settle any and all rights of every kind, nature and description which either of them now has or may hereafter have or claim to have against the other, including all rights and clairns in and to any property of the other, of every kind, nature and description, whether real, personal, marital, non-marital, or mixed, now owned or which may hereafter be acquired by either of them, and further, including all rights or claims in and to the estate of the other. 7. Both the Husband and Wife have employed and had the benefit of an attorney. Both parties have had the opportunity to consult with an attorney regarding this settlement agreement. Both parties acknowledge that other than in the case of misrepresentation or fraud each party has fully informed the other as to the wealth, property, estate and income of the other. NOW THEREFORE, in consideration of the mutual and several promises and undertakings contained herein and for other good and v~~uable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do freely and voluntarily agree to each and every term and provision set forth in the Marital Settlement Agreement, to wit: ARTICLE I - ALIMONY The parties agree to waive any and all rights they may have against the other as to maintenance and/or support (heretofore termed ~alimony.), whether past, present or future. No alimony shall be paid by either party to the other. ARTICLE n - PERSONAL PROPERTY That each party shall retain all personal property, not otherwise designated by this agreement, in their respective possession. ARTICLE ill - OTHER PROPERTY 1 REAL ESTATE That all other property has been split by both parties in thE' following manner: I. CAROL F. RUELL shall have exclusive title in her name only to the following properties: A. 429 Candlewyck Road, Camp Hill, Pennsyllvania, 17011 (titled in Wife's name only). Carol is entitled to all the contents inside the dwelling. B. 1299 Kelton Road, Camp Hill, Pennsylvania, 17011 (titled in Wife's name only.) Carol is entitled to all the contents inside the dwelling. C. 41 Sundial Circle, Ocean Pines and/or Berlin, MD, 21811 (titled in Husband's name only.) MICHAEL H. RUELL agrees tha.t he will immediately add CAROL F. RUELL'S name to the title and both parties agree to refinance the property with Washington Mutual Bank and lift the injunction that iis currently attached to it, waiving their rights to a favorable decision in either parties' favor (there is current litigation pending and a decision is expected to be rendered in a few days). Upon titling the property jointly, the parties agree to a total mortgage of$412,500.00, which CAROL F. RUELL agrees to assume in full in consideration of MICHAEL H. RUELL removing his name from the title and CAROL F. RUELL agreeing to pay hin1 $100,000.00 of the $205,500.00 proceeds of the refinancing. The closing costs of approximately $4,000.00 will be deducted from the $205,500.00 check. CAROL F. RUELL will receive the remaining $101,000.00 (can be as low as $99,000.00 but not less). CAROL F. RUELL agrees to surrender to MICHAEL H. RUELL one brown Ileather sofa located inside the dwelling, one Thomas Kincaid painting (already in MICHAEL H. RUELL's possession), 4 chairs, one table, and one glider chair located on the top dc:ck of the dwelling, all pictures located inside the dwelling, one white wicker cabinet located on the first floor porch outside the dwelling, and the train set located in the dwelling. The parties agree that CAROL F. RUELL will possess the Kawasaki 1200 CC three-seater wave runner, and MICHAEL H. RUELL will pay CAROL F. RUELL $11,000.00 cash for the Four Winos 22 foot boat docked at the property. Upon the cash payment for the boat, CAROL F. RUELL will surrender it to MICHAEL H. RUELL's possclssion and ownership. 2. MICHAEL H. RUELL shall have exclusive title in his IIame only to the following property: A. 123 Brettwood Drive, Egg Harbor, NJ 08234. (titled in Husband's name only.) Michael is entitled to all the contents inside the dwdling. 3. MICHAEL H. RUELL agrees to transfer the title to CAROL F. RUELL of one 1998 maroon Ford Windstar (vin #2FMZA5143WBD78612) titlled in MICHAEL H. RUELL'S name and one green 1998 Hyundai Sonata (vin #KMHCF24F9WA1266 19), also currently titled in MICHAEL H. RUELL'S name. CAROL F. RUELL agrees to give MICHAEL H. RUELL possession and ownership of a 2000 GMC Yukon Denali (vin#l GKEKl3Rl YRI53966). ARTICLE IV - PENSIONS That both parties shall waive any rights or claims to proceclds from the other party's pension plan, 401(K) plan or I.R.A. accounts. ARTICLE V - LIFE AND HEALTH INSURANCE Each party shall be entitled to any life insurance policy and benefits as the insured. CAROL F. RUELL agrees to keep MICHAEL H. RUElL. on her health insurance plan as long as she is employed by Highmark Blue Shield up until the date of the divorce. ARTICLE VI - ATTORNEY FEES That each party shall pay and be responsible for his or her respective attorney fees incurred in connection with this proceeding. ARTICLE vn - MUTUAL RELEASES That to the fullest extent permitted by law, and except as herein otherwise provided, each party releases and relinquished all rights and claims against the other party and his or her agents, attorneys and servants, and each of the parties does hereby forever relinquish, release, waive and forever quit-claim and grant to the other, his or her heirs, personal representatives and assigns, all rights of maintenance, alimony, inheritance, descent and distribution, homestead, dower, community interest and all other right title claim, interest and estate as Husband and Wife, widow or widower, whether existing by reason of the marital relationship between said parties hereto pursuant to any and all rights, title, claim or interest which he or she otherwise has or might have or be entitled to claim in, to or against the property, assets and estate of the other, whether real, personal or mixed, whether now owned or hereafter in any manner acquiredl by the other party, whether in possession or in expectancy and whether vested or contingent. That each party further covenants and agrees for himself or herself, his or her heirs, personal representatives and assigns, that neither of them shall at any time hereafter sue the other or his or her estate, heirs, personal representatives, grantees, devises, or assigns, agents or servants of the purpose of enforcing any rights specified to be released, waived or relinquished under this Agreement; and each party further agrees that in the event any suit shall be commenced, this release, when pleaded, shall be and constitute a d,~fense thereto. That each party further agrees to execute, acknowledge and deliver at the request of the other party, or his or her heirs, personal representatives, grantees, devises or other heirs, personal representatives, grantees, devises or assigns, any and all deeds, releases or other instruments and further assurances as may be required or reasonably requested to effect or evidence such release, waiver, or relinquishment of such rights; provided, however, that nothing contained shall operate or be construed as a waiver or release by either party to the other of the obligation on the part of the other to comply with the express provisions of this Marital Settlement Agreement. ARTICLE VIII - WAIVER OF ESTATE CLAIM That each of the parties hereby waives and relinquishes all rights to act as administrator or executor of the estate of the other party and each of the parties hereto does further relinquish all right to inherit by intestate succession any of the property of which the other party may die seized or possessed, and should either of th'e parties hereto die intestate, this Agreement shall operate as a relinquishment of all rights of the surviving party hereafter to apply for letters of administration in any form, and the eS1late of such deceased party, if he or she dies intestate, shall descent to the heirs of such de<:eased party, in the sanle manner as though the parties hereto had never been married, each of the parties hereto respectively reserving the right to dispose, by testamentary disposition or otherwise of his or her respective property in any way he or she may see fit, without restriction or limitation whatsoever, except as otherwise provided herein. ARTICLE IX - DEBTS That Husband and Wife shall be responsible for any debt iln his or her name only. That except as otherwise herein contained, this is the whole of the Agreement between the parties and each party is barred from any other claims agllinst the other party or his or her heirs, estates and personal representatives. That this Agr,eement shall be submitted to the Court for its approval and if approved shall be made parlt of the Judgment of Dissolution of Marriage and shall be of effect and binding only if Judgment of Dissolution of Marriage is entered in the said pending suit. IN WITNESS WHEREOF, the parties hereto have written their signatures on the day and year first above written. c.:. o....'-cC.'.l, ~.k..J..! ~" - q" - G"'': CAROLF. RUELL DATE STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ~~~~ MICHAEL H. RUELL STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND S--O{?-o.s' DATE CAROL F. RUELL states that she is the Wife referred to in the above Marital SettIement Agreement; that she is of lawful age and under no legal disabilities, that she has read the above and foregoing Marital Settlement Agreement, that she fully understands all of its contents and knows the effect and meaning on the contents, that the matters and facts stated therein are true, and that she has of her own frec: will and accord agreed to the provisions of and contents of said Marital Settlement Agrclement; that she does at the time of this verification also agree to all of the provisions alld contents of the said Marital Settlement Agreement, and that it is now and was at the time of signing of the said Marital Settlement Agreement her firm intention and desire to be bound by the said provisions and contents of said Marital Settlement Agreement. She further states that she owns no other property than the property listed in this agreement and that she has no other monies, accounts or safety deposit boxes that have not already b~:en disclosed to both parties. If other monies or property owned by CAROL F. RUELl~ that are not disclosed in this agreement are discovered after signing this agreement, CAROL F. RUELL agrees to pay for MICHAEL H. RUELL'S attorney's fees, court costs, and any other necessary costs of litigation for defending his claim. (' Q .JD .9.-.'4 \;l \ ,\. Q c... CAROL F. RUELL STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND s..--g""Cj~ DATE MICHAEL H. RUELL states that he; is the Husband rc:ferred to in the above Marital Settlement Agreement; that he is of lawful age and under no legal disabilities, that he has read the above and foregoing Marital Settlement Agreemc~nt, that he fully understands all of its contents and knows the effect and meaning on th~: contents, that the matters and facts stated therein are true, and that he has of his own frc~e will and accord agreed to the provisions of and contents of said Marital Settlement Agrl~ment; that he does at the time of this verification also agree to all of the provisions and contents of the said Marital Settlement Agreement, and that it is now and was at the time of signing of the said Marital Settlement Agreement his firm intention and desire to be bound by the said provisions and contents of said Marital Settlement Agreement. He further states that he owns no other property than the property listed in this agreement and that he has no other monies, accounts or safety deposit boxes that have not already been disclosed to both parties. If other monies or property owned by MICHAEL H. RUELL that are not disclosed in this agreement are discovered after signing this agreement, MICHAEL H. RUELL agrees to pay for CAROL F. RUELL'S attorney's fees, court cost!!, and any other necessary costs of litigation for defending her claim. ~~-~ MICHAEL H. RUELL STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND [:- &- - () r- DATE CAROL F. RUELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAN!l COUNTY, PENNSYLVANIA v. CIVIL DIVISION MICHAEL H. RUELL, Defendant NO. 05-1897 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~3301(c) 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: APRIL 15, 2005 UNITED STATES CERTIFIED MAIL. POSTAGE PREPAID. RESTRICTED DELIVERY 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by I~laintiff AUGUST 10. 2005; by Defendant JULY 28. 2005 (b) (1) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: ; (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: NO CLAIMS RAISED 5. Complete either (a) or (b). (a) Date and manner of service of t~he notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: 'd- \ 1_ () ~~- Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: <:c,. \'v<;)~) '$ c.f' ~ G"> o c -:if -0 llJ q;tT; ~-ir-- fJ)'};<, 3"" I.C"- -,.,... ":;,,.1,,_' bC) :PC 2 - - ~ ~~ -rJ~ (:) :C~~ %~ :0.\ i ""0 :% r::? ('.) -I , ,I fl\div\RUELL;CAROL-waiverofnotice CAROL F. RUELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBEHLAND COUNTY, PENNSYLVANIA v. NO. 05-1897 MICHAEL H. RUELL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in ~his affidavit are true and correct. I understand that false statemen~s herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsifica- tion to authorities. ~ ~!?' ex oo__j.... r:fat e I #~2.JJ %r ~ MICHAEL H. RUELL, Defendant CERTIFICATE OF SERVICE AND NOW, this ~ oJ; day of August, 2005, I hereby certify that I have served the foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Elizabeth B, Stone, Esquire STONE LAFAVER & SHEKLETSKI 414 Bridge Street New Cumberland, PA 17070 ~~.. 1:;,00, III, E, o s; -')'fJ: .--nr;' '~;/t! ~:i; J;'C z 2 ~ 'iJ; ~ G') ~ ~::!l ~%\ :; 9.rT\ ::.. ~ s:- " F}ldiv\RUELL,CAROL-affofconsent CAROL F. RUELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.. 05-1897 MICHAEL H. RUELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on April 13, 2005, and served April 15, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is gra~ted. 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 falsifica- tion to authorities. ~~6- Dacte f .- d oQ)~ #~J2j) %. ~ MICHAEL H. RUELL, Defendant CERTIFICATE OF SERVICE AND NOW, this ~r:Jt day of August, 2005, I hereby certify that I have served the foregoing AFFIDAVIT OF CONSENT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Elizabeth B, Stone, Esquire STONE LAFAVER & SHEKLETSKI 414 Bridge Street New Cumberland, PA 17070 J:::: i~:;~~I{~~ o ~2~ ;-? .. e/l ~;~" ~i~~i 2: =2 ,..., => => <on """ c: en o "Tl ~ m:!l -0::;:; :u9 06 ~~-tl' ,'). ;to om ~ ~ o -0 :l: ~ .;- I) I I CAROL F. RUELL, Plaintiff/Petitioner : IN THE COURT OF COMMOl'l PLEAS : CUMBERLAND COmiTY, PENNSYL v A"'IA NO. 05 CIVIL 1897 MICHAEL H. RUELL, DefendantlRespondent CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If yo~ wis~ to de~e~d against ~he claims set. forth in the fo':lowir:g pages r yuu must ta:-<-e prompt ac': lor.. YC\~ are WdL"ned that if yO'.l fa.:..l to do so, the case may ?roceed withoGt YO'J a:ld a Decree of Divorce or annulmen~ may be entered against you 0y ~:le Courr. A judgment ~ay also be entered ugair.st you for any other ciaim or rel~ef requested in these papers by the plaint~~f. You ~ay lose Doney or prope~ty or ot_her righLs importanL to you, including custody or vis:..tation of your chiJdreil. When the gro~nd for t~e d~vorce is indignities or ir~et~ievable b~eakdowrl of ttle ma~riage, you may request mar~iage counseling. A list o~ ~arriage counselors is availabie in ~hc Of:icc ot the Protr~ono~a=y a~ the Cumberland Cou:-:t.y Courthouse, CarL_sle, PA 17Cl:.. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland Counl~v nar ,Itssocintion 3~ South Bed,ford StrAet: carlisle. PA 17013-3302 Telephone: (7171 249-3166 ~ 1- "-, 1'.'.-_ .'.- "-: -"J" __ .!,,' 1 OJ I'~.L'=': '1"'- . '"U fl\div\ruelldivcom4-12-05 CAROL F. RUELL, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA NO. CIVIL o)'-/o'll MICHAEL H. RUELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE ;))tJ...(v~ [lfud N}iu t+ 1} ;j~ Af/; Sf,nJ- COMPLAINT IN DIVORCE UNDER 3301 (c) or (d) COUNT I L Plaintiff is Carol F, Ruell, an adult individual currently residing at 429 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 170 II, 2, Defendant is Michael H. Ruell, Sr., an adult individual with a last known residence of 429 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania, 17011, and with a current mailing address of 123 Old Zion Road, Egg Harbor Township, New Jersey 3. The plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. The Defendant had been a bona fide resident of the Commonwealth of Pennsylvania until December, 2004, 4, The plaintiff and defendant were lawfully joined in marriage, having been married on June 6, 1970, in Bergenfield, New Jersey, They are the natural parents offour (4) adult children, 5, Plaintiff is unaware of and does not know of any prior action of divorce or for annulment of marriage between the parties in this or any other jurisdiction, 6, The plaintiff avers as to the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the plaintiff requests a decree in divorce pursuant to Section 3301(c) of the Divorce Code. -1- II. . COUNT II - ADULTERY 7, Paragraph numbers one through six are incorporated by reference as if fully set forth herein, 8, The defendant in this action has committed adultery during the course and term of the marnage, 9, The alleged adulteress' name is Jill (last name unknown) but it is known that she was a former tenant of the Defendant. It is believed that she is currently lives with the Defendant in Egg Harbor Township, New Jersey, 10, The grounds upon which this action is based is 23 Pa, C.S.A. 9330I(a)(2) as the defendant has committed adultery pursuant to that Section of the Divorce Code, WHEREFORE, the plaintiffrequests a decree in divorce pursuant to Section 330 1(a)(2) of the Divorce Code, COUNT III - INDIGNITIES II, Paragraph numbers one through ten are incorporated by reference as if fully set forth herein, 12. The grounds upon which this action is based are indignities pursuant to Section 3301(a)(6) of the Divorce Code, During this marriage, the defendant has committed such indignities against the plaintiff so as to make her life burdensome and intolerable, 13, Defendant left Plaintiff after thirty-five (35) years of marriage for another woman after stealing her inheritance, The subsequent realization that her husband has lied to her for their entire marriage has been extremely difficult for the Plaintiff and their four children to accept and has made life sometimes unbearable -2- I 14, The plaintiffrequests the Court issue a decree in divorce based upon indignities pursuant to Section 3301 (a)(6). 15. The pJaintiffhas been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff respectfully requests this Honorable Court to issue a Decree in Divorce divorcing her from the bonds of matrimony pursuant to Section 3301(a)(6) of the Divorce Code, COUNT IV - EQUITABLE DIVISION OF PROPERTY 16, Paragraph numbers one through J 5 are incorporated by reference as if fully set forth herein, l7, The plaintiff, Carol F. Ruell, and the defendant, Michael H. Ruell, have lawfully and beneficially acquired property, both real and personal, during their marriage from June 6, 1970 to the present, including, but not limited to two (2) properties that are titled in defendant's name alone that he is attempting to hide from the Plaintiff. Said properties located in Maryland and New Jersey. 18, The plaintiff, Carol F, Ruell, requests the Court to equitably divide all marital property pursuant to Section 3502 of the Pennsylvania Divorce Act. WHEREFORE, plaintiff respectfully requests this Honorable Court to award equitable distribution of the marital property, COUNT V - COUNSEL FEES, COSTS AND EXPENSES 19, Paragraph numbers one through 18 are incorporated by reference as iffully set forth herein, -3- . 20, The plaintiff, Carol F. Ruell, has retained Elizabeth B, Stone, Esquire, as counsel and because of the anticipated protracted litigation expenses and her limited income, and because defendant stole her entire inheritance from her and thus is unable to pay for the expenses of counsel and litigation, 21. The plaintiff, Carol F, Ruell, requests the Court to allow her reasonable counsel fees, costs and expenses pursuant to Section 3702 of the Pennsylvania Divorce Act. WHEREFORE, the plaintiff prays your Honorable Court to require the defendant to pay just and reasonable counsel fees, costs and expenses incurred by plaintiff and such other relief as this Court deems just and reasonable, WHEREFORE, Plaintiff requests this Honorable Court: A. Enter a Decree in Divorce thereby divorcing the said Plaintiff, Carol F, Ruell, and the Defendant, Michael H. Ruell, from the bounds of matrimony heretofore contracted between them; B. Equitably distribute all property, both personal and real, owned by the parties; C. Grant Plaintiff attorney's fees and costs; D, Make a finding that Plaintiff suffered indignities in the marriage; E, Make a finding that Defendant committed adultery in the marriage; and F, Grant such further relief as the Court may deem equitable and just. Respectfully submitted, / STONE LaF AVER & .sHE ETSKI // Ulre ! 1 VERIFICATION / ./ Due to the emergency nature of this Petition, Plaintiff, Carol F, RuelI, was unavailable to sign a Verification, I hereby verify that the facts averred and statements made in the foregoing Complaint in Divorce are true and correct, as per information and statements I have received from my client. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S,A, 94904 relating to unsworn falsification.to}VfuOfities, / / / Date: ~ Lf-lz...-<)~ / ./ / / / Eliza ~., ./ v /' / / f':> ~ "?~ - ~~ <3 ~ l' d G' '"'cl ~ 0 ~--::::;J ~ ~?- ~ 6- p 6' ? -->:- o ~- ~~ , -iX ~ ~ ~ "'" ~ ~-' ~ ---- @ o c: ~ -= c-" ~ ;;t) q, ..-\ :J:-n Ci"r: ~'(Ir' :nq ('::~:\<~? - v:> ~: #-,. . ,,~, \' \-,~ (:') i-~::/n ....\ :~; ......,;, - c;? f') - ~ CAROL F. RUELL, Plaintiff/Petitioner : IN THE COURT OF cm iMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL O),-In MICHAEL H. RUELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN HE FORM OF AN INJUNCTION UNDER &3505 OF THE DIVORCE CODE AND I A.R.CP. I920,43(Al AND NOW, comes the Petitioner, Carol F, Ruell, by and through' er attorneys, Stone Lafaver & Shekletski, and petitions the Court as follows: I, Petitioner/Plaintiff is Carol F, Ruell, an adult individual cu ently residing at 429 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 170 II, 2. Respondent/Defendant is Michael H, Ruell, Sr., an adult in ividual with a last known residence of 429 Candlewyck Road, Camp Hill, Cumberland Coun y, Pennsylvania, 17011, and with a current mailing address of 123 Old Zion Road, Egg Har or Township, New Jersey, Mr, Ruell is currently unrepresented, 3, Petitioner and Respondent are Husband and Wife, having b en married on June 6, 1970, in Bergenfield, New Jersey. They are the natural parents offour (4) fldult children 4, Due to the urgency of this filing, and the nature of this proc eding, the Petitioner is filing a Complaint in Divorce contemporaneous with this filing, 5, On or about October, 2001, Petitioner inherited approximat Iy $500,000 from the passing of her father and aunt in Switzerland. Petitioner deposited said m< ~ies into a joint savings account. 6, From that time forward, the Respondent has systematically Ivithdrawn all the money in that joint account and purchased several properties, placed these properties into his name alone, and kept all of the information relating to the properties a sec et. None of Petitioner's inherited money remains, 7. On or about March 22, 2005, it came to the attention of Pet tioner through their son, that one of the Respondent's properties was listed for sale in Egg Ha bor Township, for $579,900. A copy of the listing agreement between the Respondent and J hn Talbott/Coldwell Banker listing of that property for sale, is attached hereto and incorporatee herein as Exhibit "A". 8, Immediately upon finding out about this listing, undersigned counsel contacted the of realtor, advised him of the marital status M the parties, and directed him te place all proceeds from the sale of that property into escrow, He agreed, A copy of the lette , dated March 23, 2005, from Counsel is attached hereto and incorporated herein as Exhibit 'B", 9. It has recently come to the attention of Petitioner, through, letter dated April 7, 2005, from Maryland Title Service Corporation, to Michael H, Ruell, that R.espondent is now attempting to re-finance this same Ocean Pines property in order to take al of the equity out of the home before it sells, The refinance information indicates that the settl ment is currently scheduled for Wednesday. April 13,2005, at 3:00 p,m, at the title compan 's office in Ocean City, Maryland, Respondent owes $207,000 on the existing mortgage, an according to the documents retrieved, will be receiving a check for $200,674,00, This is th exact amount that the Respondent took from his wife to buy this property, A copy of the letter, dated April 7, 2005, from Maryland Title Ser ice Corporation is attached hereto and incorporated herein as Exhibit "c." 10, Petitioner, as wife, was never notified of Respondent's des re to sell, transfer, liquidate or transfer these properties, She has not signed and will not sign any spousal waiver indicating her waiver of her equitable interest in the property, II, Petitioner is concerned that if Respondent is permitted to re finance this property and take all of the equity out of these homes, her inherited money will be orever lost. 12, During the course of their thirty-five year marriage, the Respondent maintained and controlled all of the joint finances, The Respondent repeatedly told th Petitioner that he was taking the money to invest in their future. 12, Petitioner believes that Respondent is willfully and intentio ally trying to deceive the Petitioner by changing the nature of her inherited money into his name alone, 13, Respondent's actions of attempting to refinance, sell and li( uidate these valuable properties are contrary to the interests of Petitioner and are in violation of he obligations owed by Husband to Wife under the Divorce Code. 14, Petitioner has an equitable right and spousal interest in Res ondent's real properties until a final decree in divorce is granted, or she agrees to sign a waiver, or the Court equitably divides the marital property, WHEREFORE, Petitioner prays for equitable relief as foil ws: A, Issue an injunction enjoining Respondent from selling, trans"erring, re-financing, conveying or any way liquidating his real estate properties located at 41 Su"dial Circle, Ocean Pines, Berlin, Maryland, or 123 Old Zion Road, Egg Harbor Township, New Jersey, or any other real properties that he may own, absent a written agreement as to how any broceeds will be divided between the parties, Absent a written agreement between the parti s, and if this injunction is too late to stop the refinancing or sale of either property, the p rties are directed to deposit any proceeds from the sale or re-financing of these two homes into n interest bearing escrow account with a bank located in the Commonwealth ofPennsylvani , pending the entry of a final Decree in Divorce and the equitable division of their marital assets; 8. Direct Respondent not to sell, convey, transfer, or refinance or liquidate in any way either or both of the two (2) properties located at 41 Sundial Circle, 0 ean Pines, Berlin, Maryland, and 123 Old Zion Road, Egg Harbor Township, New Jersey, 08 34, C. Such other relief as your Honorable Court may deem appro riate, Respectfully submitte / / / , / / / / STONE LAFAVER / /' / / / ./ .// ~///// / / / /" 7 etitioner , I VERIFICATION Due to the emergency nature of this Petition, Plaintiff. Carol F, R 11, was unavailable to sign a Verification, I hereby verify that the facts averred and statements ade in the foregoing Petition for Special Relief are true and correct, as per information and stat ments [ have received from my client. I understand that false statements or averments therein made will su ject me to the criminal penalties of 18 Pa.C.S,A, 94904 relating to unsworn falsification to author'ties, , / Date: l-{ ~ lZ '1)<' CERTIFICATE OF SERVICE I, Elizabeth B. Stone, hereby certify that on the date indicated bel w I served a true and correct copy of the foregoing Petition for Special Relief, on all interested part es, by depositing same from New Cumberland, Pennsylvania, first class mail, postage prepaid, ad res sed as follows: Mr. Michael H. Ruell 123 Old Zion Road Egg Harbor Township, New Jersey 08234 / Date: y- \~ - O~ /' // / STONE LAFAVE By: laintiff/Petitioner " / ,/ STONE LAFAVER & SHEKLETSK ATTORNEYS AT LAW DAVID H. STONE GERALDJ.SHEKLETS~ EUZABETH B. STONE 414 BRIDGE ST'REET POST OFFICE BOX E NEW CUMBERLAND. PA 17070 www.stonelaw.ne:t March 23, 2005 Via Facsimile 410-208-1200 OF COUNSEL CHARLES H. STONE JON F. LAFAVER TELE.PHONE (717) 774-7435 FACSIMILE (717) 774-3869 Mr. John Talbot Coldwell Banker 11001 Manklin Meadows Lane Ocean Pines, MD 21811 Re: Sale of the Property located at 41 Sundial Circle, Ocean Pi es, MD Dear Mr, Talbot: Our law firm has been retained to represent the interests of Mrs. C 01 Ruell in her divorce proceedings against her husband, Mr. Michael Ruell. It has come 0 our attention that he has listed the above property with you for sale with a sales price of$579,9 0, We believe that he has represented to you that he is either not married, or that my client ha no interest in this property . Kindly forward to us a copy of the sales listing agreement, and any and all offers of sale and/or Agreements for Sale that Mr. Ruell rnay have received with regard 0 the above address. If the sale is imminent, we would also appreciate a fax of the HUD-I whe prepared prior to settlement. Either myself or my client may attend settlement, and would Ii e to be notified of the time and place in advance. . Please understand that under Pennsylvania Divorce Law, Mrs. Ru I has a marital interest in this property, and is entitled to a portion of the proceeds thereof, Therefore, upon the sale of this property, we would like the settlement company that is handlin this transaction to place all proceeds less any mortgage satisfaction from the sale of this p operty into a joint escrow account. If this is not done, we intend to file a lien against the pro rty and his other property located in Egg Harbor, New Jersey, I cannot imagine that a realt r in this day would not have a spouse sign a spousal waiver fonn to ensure the transfer of a cle title, It is unreal that this was not done. Please contact me immediately at the above phone number should y u have any questions or hesitation in fulfilling our request. EBS/ cc: Mrs, Carol Ruell / / FPOM FRX NO. Mar. 28 2005 09:55RM Pi FACSIMILE TRANSMISSI 1\1 SHEET FROM: JOHN TALBOTT REALTOR John lalbon, ABU M~\lJ'l')It'."h.....i.'"R".ur 5r>"'''leW-I1Il<.Tl'rralll'~~f(,I,,'''UIICIIv,1rn1 (},"L</!II'lr"s..o;.lourltr;,fl': QlSto&mu.8ROOBAG!. /100/ MtmltllJl M~'adows 1.t1,,~. On:Z:lIl1'inr,~. MD1IR11 (~ iI':..~ ~~>> ~','~$' elB 110CJ1 Manklin Meadows ane Berlin, MD 21811 Toll Free 800-362-85 9 410-641-57 0 410-208-12 0 4Itl-,"eJ.-773 FAX: CELL: (Ill) &!1.j7\l1llll1lrt. tnnl6llJ.737.I (<lI [110I) .161-3jll9Th!1 ha, ~ llHl171ll. VlI ]r!I...@mId............."... ~ IiiiIifiIiIiI : h"'" :,,'.'. .1. : :~..,.~.., .:-: "::-" ~~ -: DATE: ~.)..~-o:( NUMBER OF PAGES (including this covel" sheet) ~+- S:-' TO: ~ \, :za.kc.).L ~, TELEFAX NUMBER: "'1\'"1-~, '\ - 3 r,-(:, <f MESSAGE: v.,Cte ~t ~ l.,Jo Cl . Guaranteed Sale P an Equily Advance Pr gram Coldwell Banker.R ...idenl;al Brokerage Relucalirm Sen'ice Career Developme I & Training Coastal.'al.s and ,cation rentals Coldwell Banke,' R siderllial llraker'age Property Mcmagement Coldwell Banker C mmercial Services NRT Concierge Services Blue Ribbon Prele ed Homes Take advantage of our great services! . 4000+ sales associates . 90+ qflice.l serving Delaware. Maryland, Pennsylvankl. Virginia. West Virginia & the District oj Columhia . leading edge technology . Exceptional compen,mtion Ii bonus plans . Multifaceted a.lSociate benejits . Guaranteed Income Pro/?1'om!or new t.uo;nc;o/es . NRT Mid,Allantic Title Services . Prestige Auctions . PREVIEWS Internalional Luxury Homes . Senior Advanlage Program . .Murlre/btf{ Services . . . . . . . . CALL TODA Y. ro ~ y oj., 7 17 .... n___,_ _~~__" nl_n, FROM FAX NO. Mar. 28 2005 09::;5AM P2 i-<:ot.olU~ i BAHl'ie '---. - EXCLUSIVE RIGHT TO SELL LISTING CONTRA T MARYLAND Date )" - d.. '7 - (J) T oday's date Dale Effective date of Listing ontract COLDWELL BANKER RESIDENTIAL BROKERAGE ("Broker") is hereby authorlzed by undersigned OWner(s) or by the authorized representative of Owner(s) ("Owner") to market and sell, as tlJ.fI excl\.l~ive r al estate broker, the property known as: .j <.0..... ti,o.{l .~ uni(1)~ Q,.......,. Acldre0 A lit( City SiaM n ZIp Owner or Authorized Representative Name: L If, {C: ~ Mailing Address: /"2-3 r~"'" R- Un~ ~ Address ' g::'55 Ifr.-~" I "''-'''-'SW'p 1J. ~ 0 or 2-~ If' city Stl'Ile Zip (1 nr. (..0 q - I 1:)'3 - I '1--'i 9 .-:::z.- U-"I( _ Phone No, Other Phon. Contac;t No, 1. TERM OF AGREEMENT: This alllholiy to market and sell the property shall continu unal midnight 365 days from the effective date hereof, except that OWner by giving written notice may terminate Brol<er's 'ty to marKet and sell the Property 90 days from date of receipt of notice by Broker from Owner, Broker by giving rilten notice to Owner may terminate this Contract, wh~h termination sha. be effective at midnight 3 days folll7'Ning eF's receipt of notification from Broker, Owner and Broker may terminate this Contract at any time by mutual written a reemenl Any termination of this Contract by Owner or Broker as stated above shall be subject to provisions of Section 7. 9 and 11 of this Contract and such provisions of SectIons 7, 9, and 11 wUI survive. Owner acknowledges that Owne will review a printout of the Properly data as it appears in the multiple listing service (MLS) at a later dale, 2. CONV.: .?'<I1gr il~~n"",~ges that the Property is to be conveyed (Seller required to initial selected response) (tjJ'~E SIMP~ SUBJECT TO AN ANNUAL GROUN RENT, now existing, in the annual amoun $. , payable semi-annually In advance. 3. LISTING PRICE: The Hsllng price of the properly is $ ~'ll'l q ~ and shan be the price advertised by the Broker, If Owner desires to change the listing price. Owner sh II immediat y inrofTII Broker in writing of the changed listing price, and such changed listing price shall thereafter be the price advertise by Broker, 4. OWNER RESPONSIBILlTYI INSURANCE: Broker shall not be> responsIble for the care of, or the physical cond~lon of the Property, Owner shall remain solely responsible for the care and physical condition of th Property, InclUding, but not limited to, cost of all utilities, maintenance, the physical security of the premises and all person I properly and Broker shall have no liability for such matters, Owner shall maintain adequate property and personal Injury i surance during the term of this Contract. 5. MLS: Broker Is a subscriber to the appropriate mUltiple listing service (MlS) at the tlm of the signing hereof and shall remain so during the term of this Contract or any extension thereof. FROM FAX NO. Mar. 28 2005 09:55AM P3 6. REPORT OF SALE: Broker is hereby granted the right to report to the appropri te multiple listing service for dissemination in accordance with their rules and policies. any contract of sale and sales p 'oe (including the other terms upon which any sale of the Property is made), Braker's responsibility to market the Prope is suspended upon Owner's acceptance of a written offer to purchase. unless othetWise agreed upon by Braker. /"U) .r::: I IJ J Ib IO~ r 7. FEE FOR SERVICES: OWner agrees to pay Broker a fee for services rendered as fol : the totalJl! (a) ~ % of the sales price pius 3 months ground rent, if any. for marketing and negotiation services an (b) 2-. ') % of the sales price plus 3 months ground rent, If any. for selting services (co-op fee paid to cooperati Broker or listing Broker for providing the Buyer), plus $195.00. In the event of an exchange. the fee to be paid by Own r to Broker shall be baseet on the listing price, The fee shall be deemed to have been earned by Broker and shan be due and payable by ner to Broker: If during the term of thIs Contract, or any extension thereof (a) Broker produces a customer to purchase e Property at the listing price and on the terms herein or at such other price or on such other terms as shall be aCcepte by Owner or agreed upon in writing between Owner and Broker (the "sales price"); Dr (b) Owner shall enter into a wri n agreement to sell. lease. exchange. conveyor transfer the Property to any person or entity whether such person or e lily shan have been procured by Broker, by Owner or by any other person or entity. in which event OWner within seven -two (72) hours thereof shall furnish Broker a copy of such written agreement procured by anyone other than Broker; or c) if dumg the period of 180 days following the expiration or termination of l/1is Contract. OWner shaN enter into a writ! agreement to seN. /ease, exchange. conveyor transfer the Property to any person who or to any enllty which. wMh k e of OWner or any agent of Owner. Inspected or made inquiry aboulthe Properly or negotiated to purchase or exch nge the Property during the term of this Contract or arry extension thereof. in which event OWner within 5evenly-two (7 ) hours thereof shall furnish BrDker a copy of such written agraement Owner shall have no obligation to pay the fee to raker if the Property is sold, leased. exchanged. conveyed or transferred by any other licensed real estate broker ho is a subscriber of a~y appropriate multiple Osling service who has listed the property following the expiration of thi COntract or any extension thereof. or fOilowing l/1e tenninalion of this Contract as herein provided. unless such tennina . by OWner shall have been mede for the purpose Df avoiding the obligation of Owner to pay the fee to Broker or Owner faults or arbitrarily releases Buyer for reasons other than the faDure of a contingency in the Contract of Sale, 8. BROKER FEE: The amount of Broker fee is not prescribed by law or establshed by a y membership organization With which Broker is affiliated, Broker alone shaY establish fee for Broker's services, 9. FORFEITED DEPOSIT: If a deposit made on any contract of sale for the Property Is part of deposit shall be receNed by 0Nner as a settlement made by and between OWner and amount forfeited or received as settlement shall be paid to Broker for Broker's services. but i exceed an amount equal to a full fee specified herein, sited to Owner. or if aN or uyer. one-half (50%) of the no event shall the amount 10. BROKER COOPERATION: Broker shall be entitled to cooperate with other broke as subagents of Broker ("subagents") and/or brokers retained by prospective buyers to represent buyer's interes ("buyer agents"), Owner consents to Broker's cooperation and fee sharing with subagents or buyer agents (collectiv Iy "cooperating broker[s)"). Broker shall pay to any subagent who has earned and is entitled to share in the fee that portion f the total fee as shown in (b) of paragraph 7 above. Braker shall pay to any buyer agent who has earned and Is enti! d to share in the fee that portion of the total fee as shown in (b) of paragraph 7 above. 11. PAYMENT OF FEE: Regardless of any payment which may be due to a cooperating b keres). Owner shall pay to Broker all amounts due and owing to Broker pursuant to this Contract irrespective of any disputes which may arise between Broker and a cooperating broker(s). Listing Broker and Owner agree that this Contr ct does not confer upon a cooperating broker(s) any right to receive any payments directJy from Owner, FROM FAX NO. Mar. 28 2005 09: 56AM P4 12. MARKETING: Broker is authorized to and shall market the Property, including, b t not Umited to, entering the Property into the appropriate multiple listing service. as determined by Broker, providing el nlc aCCess to information conceming the property improvements and premises and shall further Install a sign, photog ph property and pubUsh same without liability and instal an electronic Iockbox if so indicated on multiple "sting property pro Ie sheet. (If property is tenant occupied, owner shall provide broker with written evidence that tenant agrees to ins lIation of a lockbox,) Owner acknowledges that .Broker is bound by the bylaws, policies and procedures and rules nd regulations goveming the multIple listing services and the lockbox system owners. 13. FAIR HOUSING: With raspect to race. color, religion, sex. national origin, handicap or familial status, the Property is offered in compUance with the Civil Rights Act of 1968 and the Fair Housing Amendmen Act under faderallaw, The Property is offered in compliance with the antl-iliscrimination proVIsions of applicable state an local fair housing laws, 14. NOTICE OF LEAD PAINT HAZARD: OWner acknowledges that the Property, If constru led before 1978. is subject to federal law (Title X) as \0 the presence of lead-based paint andlor lead-based paint h rds, Owner represents al)d warrants to Broker. Broker's agents and subagents, Intending that they rely upon such war nty~ re",ro~tion~ the Property was constructed (initial one selection) during or after 1978; or fore 1978' r~ Owner is uncertain as to the date of construction. If OWner is uncertain as to date the Pro rty was constructed, Owner agrees that, for the purpose of the sale contemplated by this listing Contract, the Property "be treated as though it had been constructed priOr to 1978, If Titie X applies to the Property, owner acknOWledges recei t of brochures entitied "EPA and HUD Real Estate Notification and Disclosure Rule" from Broker, and OWner agre s to comply fully with the requirements as set forth in the Rule, 15. NOTICE OF PROPERTY CONDITION DISCLOSURE/DISCLAIMER: Owner acknowf es that (a) Broker has Informed Owner that any contract of sale entered into for resale of residential real property im roved by four (4) or fewer single-family units is subject to the requiremenls of Section 10-702 of the Real Property ArlicJe of the Annotated Code of Maryland which obligates Owner to deliver to the Buyer of the Property either a written statem nt disclosing the condition of the Property, or a written property disclaimer statement; (b) Broker has furnished \0 OWner e Matyland Real Estate COmmission approved discfosure/disclaimer statement form, and (c) to the best of OWner's kn dge, there are no zoning violatiOns. no nonconforming uses, IIiolations of bu~dlng restrictions, or setback require ents, or any undf.iclosed easaments on or affactlng the Property except as follows: It is the Owner's obligation to dis e to Buyer (or potential Buyer) allletent material defects affecting the property regardless of whether owner provides a .tten disclosure or written disclaimer statement. ill. MEDIATION OF DISPUTES: Mediation is a process by which the parties attempt to re e a dispute or claim with the assistance of a neutral mediator who is authorized to facilitate the resolution of the dis ute, The mediator has no authority to make an award. to impose a resolution of the dispute Of claim upon the parties r to require the parties to continue mediation if the parties do not desire to dO so. Owner and Broker agree that any disp te or claim ariSing out of or from this Contract shall be mediated through the Maryland Association of REAL TORS4ll. Inc. or its member local boards/associations in accordance wlth the established Mediation Rules and Guidelines of the ociation or through such other mediator or mediation service as mutually agreed upon by OWner and Broker, in writing. nless otherwise agreed in wrltlng by the parties, mediation fees. costs and expenses shall be divided and paid equally by e parties to the mediation. If either party elects to have an attorney present that party shan pay his or her own atto y's fees, OWNER AND BROKER FURTHER AGREE THAT THE OBLIGATION OF OWNER AND BROKER T MEDIATE AS HEREIN PROVIDED SHAll APPLY TO ALL DISPUTES AND ClAIMS ARISING WHETHER PRIOR 0, DURING OR WITHIN ONE (1) YEAR FOLLOWING SETTLEMENT. OWNER AND BROKER AGREE THAT NEITH PARTY SHALL INITIATE OR COMMENCE ANY ACTION IN ANY COURT OR BEFORE ANY ADMINISTRATIVE A ENCY, WITHOUT FIRST SUBMiTTING THE DISPUTE OR CLAIM TO MEDIATION AS HEREIN PROVIDED, IN T E EVENT OWNER AND BROKER SHALL INITIATE OR COMMENCE ANY ACTION IN ANY COURT OR BEFOR ANY ADMINISTRATIVE AGENCY WITHOUT FIRST SUBMlmNG THE DISPUTE OR ClAIM TO MEDIATION AS EREIN PROVIDED, THE PARTY INITIATING OR COMMENCiNG SUCH ACTION AGREES TO PAY ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED TO ENFORCE THE OBLIGATION AS PRO IDED HEREIN TO FIRST MEDIATE THE DISPUTE OR CLAIM BY ANY PERSON OR ENTITY WITH WHOM OR WITH HICH THE PARTY WAS REQUIRED TO MEDIATE. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE CLOS NG. FROM FAX NO. Mar. 28 2005 09:57AM P5 17. DUAL AGENCY REPRESENTATION AND CONSENT: Owner acknowledges at Broker and Salespersons affiliated with Broker regularly represent, as buyer's agents, prospective Buyers in the loea ion and acquisition of property for sale and, in such capacity, represent the Interests of those Buyers. In the event a uyer represented by an agent affiliated with Broker she. consider the Property for purchase, Owner acknowledges that rOker, as the Dual Agent, can represent both Owner and the Buyer of the property, provided Owner and Buyer have exec ted a Consent for Dual Agency form as required by law, The salesperson representlng the Buyer will be the Buyer's Intra- mpany Agent, and the listing agent will be Owner's Intra-Company Agent. An Intra-Company Agent representing t/le ner will provide to Owner th& same services as an exclusNe agent of OWner; an Intra-Company Agent representing th Buyer will provide the same services as an exclusive agent of the Buyer, erty and providing Ministerial Nothing contained herein shall preclude the listing agent tram preparing an offer on the Acts for a Buyer not desimg buyer agency representation, 18. MINISTERIAL ACTS: Owner hereby consents to and authorizes Broker and real state licensees affiliated with Broker or licensees acting as cooperating agents, to provide ministerial acts as defined by I on behalf of Owner to third persons in connection with the sale of the Property, 19. ELECTRONIC DELIVERY: The parlles agree that this Contract shall be deemed valid executed and delivered by a party if a party executes this Contract and delivers a copy of the executed Contract to the other party by tele/ax or telecopier transmittal, 20. COLDWELL BANKER HOME PROTECTION PlAN (INSURED BY AON): (ImprOVed sidential property only) Seller is advised that they may purchase a Coldwell Banker Home Protection Plan (insured b AON). This Coldwell Banker Home Protection Plan (insured by AON) wiP assist in the marketing of the property. Pleas discuss the details with the Sales Associate. Q Seller agrees to provide to buyer a one-year Coldwell Banker Home Protection P n (insured by AON) and pay for the protection plan at settlement In the amount of $ Sellers Initlals o Seller agrees to share equally with the buyer in the cost of a one-year ColdweU Ban er Home Protection Plan (insured by AON), Sellers Initials I!I Seller declines the offer to participate in the purchase of a one-year Coldwell Banke Home Protection Plan (insured by AON), . 21. LEGAL CONSTRUCTION: This Contract shall be binding upon the respective heir, personal representatives. assignees and/or sUC<"-BSSors of the parties hereto. II this Contract is signed by more than 0 e person, it shall constitute the joint and several obligations 01 each. This Contract contains the enlire Agreement 0/ the parties and cannot be changed except by the written agreement of the parties hereto. Owner warrants that t ere are no other existing agreements or conditions other than as set forth herein. This is a legally binding Contr t; if not understood. seek competent legal advice, Owner has not relied upon any statement or representation of Broke except as set forth in this Contract. This Contract shall be interpreted and construed in accordance with the laws of the S te of Maryland FROM. FAX NO. Mar. 28 2005 09:57AM PS 22. SPECIAL CONDITIONS; 23. RELOCATION ASSISTANCE: o Owner requests assistance in relocating to 24. AUTHORITY REGARDING OFFERS: Seller is ad\liSed that prospective buyers or coo Broker or Broker's Agents as to whether written offers have been received for the purchase of \he existence of written offers could be'either beneficial or detrimental to Seller, On the 0 result In the interested buyer making the highest and best offer as promptly as passi disclosure could result in the interested buyer electing not to make an offer. eratlng Brokers may inquire of f the Property, The disclosure hand, such disclosure could , On the other hand. such r as to whether other written Seller shaM consider said options to disclose on a casa-by-case basi and so infonn Broker, (Note: Unless Seller authorizes Broker to disclose existence of other offers, Broker may not d lose said infonnation,) 25. AGENCY: Owner acknowledges receipt of requlred agency infonnation and disclosure nns. 26. ENTIRE AGREEMENT: This is the entire agreement between Owner and Broker, Any 0 I or written agreements that were made before are not a part of this Contract. 27. RECEIPT OF COPY: Owner acknowledges receipt of a copy of this Contract at time of s nlng hereof, ~~. Authorized Representative :n o~ /~~ Date Owner or Authorized Repres Date 4--10 Owner or Authorized Repres Date .(5) l'l\\!,'lIlI't\!I CBRB LA11MD (06/17/03) STONE LAFAVER & SHEKLETSKI ATTORNEYS AT LAW DAVID H. STONE GERALD.I. SHEKLETSKI E:L1ZABETH e. STONE 414 BRIDGE STREET POST OFFICE BOX E NEW CUMBERLAND. PA 17070 www.stonelaw.net April 5, 2005 Mr. Michael Ruell 123 Old Zion Road Egg Harbor Township, NJ 08234 Dear Mr. Ruell: OF COUNSEL CHARL-ES H. STONE JON F. LAFAVER TELEPHONE (717) 774-7435 FACSIMILE (717) 774-3669 This firm represents Carol Ruell in domestic divorce proceedings d supplemental property actions against you for the equitable distribution of marital assets presently under your control or titled (inappropriately) in your name, If you are presently repre ented by legal counselor engage such a representative in the future, please provide me w th the requisite information so that future contact, communications and correspondence w II be made directly. Until such notice is provided, we will consider that you are self-represente ' According to Pennsylvania family law, which has jurisdiction in th se matters, a spouse, during marriage, may not solely proceed to finance, refinance, collateraliz ,hypothecate, sell, lease, encumber, exchange or otherwise dispense or dispose of marital pro rty assets without the appropriate written consent, authorization or waiver of the other spou Weare aware of a significant number of such actions and attempts y you to circumvent these statutory requirements for unauthorized personal gain to the detrime t of your wife. We will make all attempts and go to whatever extent is necessary, including b not limited to filing liens and/or lis pendens against property held in your name in order to gai an equitable distribution of those assets between you and your spouse. We will aggressively pursue a full audit and accounting of all marit I property assets utilized by you to purchase and sell assets during marriage, including finan ial appreciation from previously sold properties. After examining marital joint tax returns for m re than a decade back, we observe that you predominantly recorded a status of "retirement" ith no reported income from employment, self-employment or investments during the enti e time frame, Under this reporting in official state and federal tax returns, we sug est that you would be hard pressed to argue that your wife is not entitled to an equitable distribuf n of the resulting marital property (and its appreciation), the cost basis of which was overwh lmingly provided by her recorded income and significant gifts and inheritance from her father. STONE LAFAVER & SHEKLETSKI ATTORNEYS AT LAW We are demanding your complete cooperation in the pursuit of this objective determination for the appropriate and equitable division of marital prope ,notwithstanding the significant savings on legal fees, However, we will not hesitate to expose ou in what we believe has been a long-standing, systematic, intentional, unlawful and sig ificant financial abuse directed by you in bad faith against your wife. Ifwe find that you are violating the premise and merits of this requ st, we will pursue appropriate criminal or quasi-criminal prosecution against you, It is our in ent to use all objective audit and accounting means to determine a proper distribution of arital assets that you have used in the past, those that you are now using, and those which y u may attempt to use in the future. Please govern yourself accordingly, EBS/kk Very truly yours, cc: Carol F. Ruell MARYLAND TITLE SERVICE CORPORATION 11500 Coastal Highway Suite 7 Ocean City. Maryiand 21842 - M ryland- (410) 72 .2000 Tel (4101 72 .2001 Fax - Delaware - (302) 537.2000 Tel (302) 537.9958 Fax April 7, 2005 MICHAEL H, ROELL 429 Candlewyck Road Camp Hill PA 17011-8426 Re: 41 Sundial Circle Lot W-04-614 Ocean Pines Berlin, Maryland 2 I 8 I I Refinance Primary Residence Dear Mr. Ruell: Enclosed for your advance review is a copy of a draft settlement statem nt for our tentatively scheduled April 13, 2005 closing, scheduled to begin at 3:00 PM .We are located at 11500 Coastal Highway, Office Suite 7, in the Sea Watch Condominium complex Note that it will be necessary for you to attend closing unless advance with us, and that one form of picture ID must be presented at closing for forms of picture ID must be presented for Non U.S. Citizens. angements are made ,S, Citizens, and two Additionally, please contact our office on the business day prior to closing 0 verify your closing date and amount( s), Please contact us if you have any questions. Thank yo Very t Iy yours, ~~~ / /:, / G,;. .' Helene P ,s Rieliar son Settlement Department HPRlEnc!osures A Settiement Statement u,s, Department of H using and Urban Development B. TVDe of Loan OMB Annroval No, 2 0 2.0265 lexoires 9/30i20061 1. DFHA 2 DFmHA 3, DCanv, Unins, 6, Rle Number 7, Loan Number 18, Mortgage Insurance Case Number 4. nVA 5, DConv. Ins. 2005-108 C. Note: .\.ml;lOfmls~.rnSn6l.J.~ogMlyoua cOS~S:~OlI1Spa oan y eselllemen~age(l aresn.own. I, TitleExpress Seltlement S yslem Ilems marlc.ed "(po,C.twere paid outside the closing; they are shown here tor inforrnaHon purposes and are not Included_ Inlhe totals WARNING: It IS a crime to kI10Wrngly make false statements 10 the United Slates on thiS ~r any other SImilar form. Penalties upon Printed 0410712005 at 13:1B HPR conViction can Include a fine and' i~em. For delOllts $8&: Title 18 U, S. Code SedjOfl 1001 and SedlOO 1010 D. NAME OF BORROWER: MICHAEL H. RUELL ADDRESS: c/o 429 Candlewvck Road Camo Hill PA 17011-8426 E, NAME OF SELLER: REFINANCE \~ ADDRESS: Refinance PrimafV Residence F. NAME OF LENDER: WASHINGTON MUTUAL BANK, FA n lll-l! ADDRESS: P.O. Box 100564 Florence SC 29501-0564 G. PROPERTY ADDRESS: 41 Sundial Circle, Lot W-D4-614 Ocean Pines, Berlin, Maryland 21811 ~ I 41 Sundial Circle, Berlin, Maryland 21811 o Principal Residence D Other Real Estate H. SETTLEMENT AGENT: Maryland Title Service Corporation, Telephone: 410-723-2000 Fax: 410 723-2001 PLACE OF SETTLEMENT: 11500 Coastal Hiohwav #7 Ocean Cilv, MD 21842 I. SETTLEMENT DATE: 0411312005 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF ELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO ELLER 101. Contract sales Driee 401, Contract sales nrice 102. Personal Prooertv 402, Personal PronPrt" 103 Settlement charoes to borrower IlIne 140m 4651.00 403. 104. Pavoff:#1560649799780 207 000,00 404, Washinqton Mutual-lender will 105 405. Adjustments for items paid bv seller in advance Adjustments for i ems naid bv selJer in advance 109. 409, 110. Exoress/Record Payoff 50.00 410, 111. Mortoaae Satislaction Fee 125,00 411, 112, 412, 120. GROSS AMOUNT DUE FROM BORROWER 211 826.00 420. GROSS AMOUNT DUE TO ELLER 200, AMOUNTS PAID BY OR ON 8EHALF OF BORROWER 500. REDUCTIONS IN AMOUNT UE TO SELLER 201. Deoosit or earnest money SOt Excess Deoosit fsee instruction 202, Princioal amount of new loans 412 SOO.OO 502, Settlement chames to seller Ilin 1400\ 203. Existina loanfs\ taken subiect to 503, Existina loanls\ taken subrect to 204, 504, 205. . 505, 206, 506, 207 507, 208, 508, 209, 509, Adiustments for items uncaid bv seller Adiustments for ~ems uncaid bv seller 213. 513, 214 514, 215 515, 216. 516, 217 517. 218. 518, 219, 519, 220. TOTAL PAID BY/FOR BORROWER 412 500,00 520.TOT AL REDUCTION AMOUN .OUE SELLER 300, CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO R FROM SELLER 301, Gross amount due from borrower IIIne 120l 211 826.00 601, Gross amount due to seller lIine 20\ 302. Less amounts oaid bvflor borrower IlIne 22m 412500.00 602, Less reduction amount due sell'" line 520\ 303, CASH TO BORROWER 200674,00 603. CASH TO SELLER 0,00 I.../Y[ / N C (j ,.etJJd..-...z , r0/ulJ 01{) UL!J( 0 U,S r"PARTMENT OF HOUSING AND URBAN DEVELOPMENT File Number: 2005-108 PAGE 2 SEtTLEMENT STATEMENT TifleExnress Settlement S, tem Printed 04/07/2005 at 13:18 HPR L. SETTLEMENT CHARGES PAID FROM PAID FROM 700. TOTAL SALES/BROKER'S COMMISSION besed on orire $ = BORROWER'S SELLER'S Division of commission (line 700\ as follows: FUN OS AT FUNDS AT 701,'- to SETTLEMENT SETTLEMENT 702, $ to 703. Commission naid at Settlement 800, ITEMS PAYABLE IN CONNECTION WITH LOAN 801, Loan Orinination Fee % 802. Loan Discount % 803. Annraisal Fee 300.00 804. Credit Renort 25,00 805. 806, to H LOAN FEES ESTIMATED H 807 808. Tax service fee 81.00 809. Flood certification fee 13,00 810. Wire Transfer Fee 36,00 811, Fundinn and Review Fee 330,00 900. ITEMS REQUIRED BY LENDER TO 8E PAID IN ADVANCE 901. Interest From 04113/2005 to 0510112005 Iiil$ 45.2054 Idav 18 Davs 813.70 902. Mortnane Insurance Premium for to 903. Hazard Insurance Premium for to Paid outside closina 904. Flood Ins, Premium to Paid outside closina tA7 Zone) 905. Flood Ins, elevation cert to naid outside closina 1000, RESERVES DEPOSITED WITH LENDER FOR 1001, Hazard Insurance mO,Iiil$ Imo 1002. Mortnane Insurance mO,1iIJ $ Imo 1003. Cit' Pronert' Taxes mO,IiIJ$ Imo 1004, Count' Pronert' Taxes mO,IiIJ$ 140,45 Imo . mO,{ij)$ 1005, Annual Assessments Imo 1009. LENDER WAIVES ESCROWS -- ..po cC" .LJ /;-/ I 'L-" ~7' Y..<--uh, T J "4__,, 0,00 0.00 1100. TITLE CHARGES { 1101. Settlement or c10sinn fee to Marvland Title Service COrDoration 125,00 1102, Abstract or title search to Worcester Auction and Abstract Service 1103. Title examination to Marvland Title Service CorDOration 275.00 1104. Title insurance binder to Marvland Title Service CorDOration 10.00 1105, Document Prenaration to Marvland Title Service COrDoration 150,00 1106, Notarv Fees to Marvland Title Service COrDoration 1107. Attorne"s tees to JoseDh C. Raskauskas Esa. 125.00 lincludes above items No: \ 1108, Title Insurance to MTS as Aaent FNTIC #Y31240 951,00 lincludes above items No: ,. 1109. Lender's Poli"" 412500.00 - 951.00 1110, Owner's Polic" 1111. Exnress mail fee to Marvland Title Service COrD 20,00 1112. 1113, 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 1201, Recordinn Fees Deed $ , Mortn""e $ 40.00 ' Release $ 40,00 1202. State Recordation Tax Deed $ , MortoMe $ 1 356.30 . 1 356.30 1203, State Transfer Tax Deed $ , MortnMe $ 1204. Count" Transfer Tax Deed $ , Mortaaae $ 1205, 1300. ADDITIONAL SETTLEMENT CHARGES 1301, Survev to See Survev Affidavit 1302, Pest Insnection to None reauested of MTS 1303, Count" tax 7.1.Q4/05 to Worcester Countv 03-092631 IP.O,C'T1 685.40 B "er 1304, EDU TalliWtrlSwr/OPA dues pac 1305, 1306. 1307, 1308, -, STONE LAFAVER & SHEKLETSK ATTORNEYS AT LAW DAVID H. STONE GERALD J. SHEKLETSKI EUZABETH B. SlONE 414 BRIDGE STREET POST OFFICE SOX E NEW CUMBERLAND. PA 17070 www.stone1aw.net OF COUNSEL CHARLES H. SToNE JON F. LAFAVER April 10, 2005 (410)723-2001 TELEPHONE (717) 774-7435 FACSIMIL.E (717) 774-3869 Ms. Helene Parks-Richardson Maryland Title Service Corporation 11500 Coastal Highway Ste 7 Ocean City, Maryland 21842 Via Facsimile and First Class U.S. Mail Re: Michael H. Ruell\ Re-financing of 41 Sundial Circle, Ocea Pines, Maryland Scheduled 4-13-05 Dear Ms, Parks-Richardson: As per my voice mail this past Friday, our law firm represents the Carol Ruell, wife of Michael H. Ruell. Please be advised that we hereby company on notice that any attempt to proceed with the above stated re-fi scheduled for this Wednesday in your office may make you or your comp tortious or criminal enterprise. Mrs. Ruell does not waive any spousal int and will not consent to the re-financing of this property. gal interests of Mrs. t you and your ancing settlement y an accessory to a ests in this property, We intend to file a Petition for Injunction to freeze any and all asse s ofMr, Ruell and to enjoin Mr. Ruell from proceeding with this or any other proposed re- finan ing or sale of any of his properties located in Maryland, New Jersey, or any other state, We be ieve that Mr. Ruell is attempting to convert funds that originally belonged to his wife, Mrs. Caro Ruell, in order to avoid equitable distribution of the marital assets by the Court. If you proceed with this settlement on Wednesday you or your com any may need to appear in Court with answers, Govern yourself accordingly, Very truly yours, ~ EBS/lmcp STONE LaFA YER cc: Mrs, Carol Ruell Mr. Michael H, Ruell STONE LAFAVER & SHEKLETSKI ATTOR N EVS AT LAW DAVID H. STONE GERALD J. SHEKLETSKI ELIZABETH B. STONE 414 BRIDGE STREET POST OFFICE BOX E NEW CUMDERLAND, PA 17070 www.stonelaw.ntl OF COUNSEL CHARL.ES H. STONE JON F. LIl.FAVER April 12, 2005 (414)359-8699 TELEPHONE (717) 774.7435 FACSIMILE (717) 774-3869 Settlement Officer Washington Mutual Bank, FA P,O, Box 100564 Florence, SC 29501-0564 Via Facsimile and First Class V,S, Mail Re: Michael H. RuelI\ Re-financing of 41 Sundial Circle, Ocea Pines, Maryland Scheduled 4-13-05 at Maryland Title Service Corporati n Your loan# 1560649799780 Dear Settlement Officer: Our law firm represents the legal interests of Mrs, Carol Ruell, wi of Michael H, Ruell. Please be advised that we hereby put you and your company on notice tha any attempt to proceed with the above stated re-financing settlement scheduled for this ednesday in your office may make you or your company an accessory to a tortious or crimi I enterprise, Mrs. Ruell does not waive any spousal interests in this property, and will not co sent to the reo financing of this property, We intend to file a Petition for Injunction to freeze any and all ass s ofMr. Ruell and to enjoin Mr. Ruell from proceeding with this or any other proposed re-finan ing or sale of any of his properties located in Maryland, New Jersey, or any other state. We b ieve that Mr. Ruell is attempting to convert funds that originally belonged to his wife, Mrs, Caro Ruell, in order to avoid equitable distribution of the marital assets by the Court, If you proceed with this settlement on Wednesday you or your co any may need to appear in Court with answers. Govern yourself accordingly, cc: Mrs, Carol Ruell Mr. Michael H. Ruell EBS/lmcp Cl r---, ,"-1 (.~:) <:"."-1 o .,., ..-f ~C jn Lv I..c._,.' r::'I (,).:) CAROL F. RUELL, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 05 -l~? ~ MICHAEL H. RUELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION UNDER ~3S0S OF THE DIVORCE CODE AND PA.R.C.P. 1920.43(A) RULE TO SHOW CAUSE TO: MICHAEL H. RUELL, Defendant/Respondent AND NOW, this I;'" day of 11""1'''1 , ,200 :J ,upon receipt of the Petition, a Rule to Show Cause is issued upon Defendant to show cause, if any he has, why the relief requested therein should not be granted, Pending the filing of Defendant's answer to Plaintiff/Petitioner's Rule to Show Cause. and until further Order of Court, Defendant/Respondent is directed not to sell, transfer, re-finance, liquidate, encumber or any way divest himself of the two real properties situate at 41 Sundial Circle, Ocean Pines, Berlin, Maryland, 21811, and also 123 Old Zion Road, Egg Harbor Township, New Jersey, Specifically, this Court directs that the Respondent's re-finance settlement by Washington Mutual Bank, FA, and the Maryland Title Service Corporation, currently scheduled for Wednesday, Aprill3,2005, is to be cancelled until further order of Court, This Rule is returnable 10 days from service, BY THE COURT, Coty ffllt~ it> EI,?~~/iSfo(ll corr /Yiqjet/ f~ D 4;1 , J, ";"'Jn8 GS :01 H';1 S 1 ~d\1 SDn ,\ Aci\/lONC}jLOdd ~Hl :10 3CJ\:!::(}-03llj V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: CIVIL - 05-1897 CAROL F. RUELL, Plaintiff/Petitioner MICHAEL H. RUELL, CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of Defendant Michael H, Ruell with regard to the above-captioned matter. Respectfully submitted, NEALON GOV R , ~J ~~(4" By: Date: i~/C(-Or) James G, Nealon, III, Esquire 1.0, #: 46457 2411 North Front Street Harrisburg,PA 17110 717/232-9900 , . CERTIFICATE OF SERVICE AND NOW, this NfA...uay of April, 2005, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Elizabeth B, Stone, Esquire STONE LAFAVER & SHEKLETSKI 414 Bridge Street New cumberland,. PA 17070. 0 " ~ 'i ~/(tI James G, Nealon, III, Esquire c~, "" ,.'~'1 '.:" -i1 .~\ i:~ -i ,..(1 ."~ " ~.~) r.'. r<" --: ;;,~ CAROL F. RUELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: CIVIL - 05-1897 MICHAEL H. RUELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: Carol F. Ruell and her attorney Elizabeth B, Stone, Esquire Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 YOU ARE HEREBY NOTIFIED, that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof, Failure by you to do so may constitute an admission, By: q / James G. Nealon, III, Esquire Attorney 1.0, #46457 2411 North Front Street Harrisburg, PA 17110 717-232-9900 RY ...: .' CAROL F. RUELL, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: CIVIL - 05-1897 MICHAEL H. RUELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE ANSWER WITH NEW MATTER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION UNDER !i 3505 OF THE DIVORCE CODE AND PA.R.C.P.1920.43/AI 1, Admitted, 2, It is admitted that Defendant, Michael H, Ruell, Sr., is an adult individual. Mr, Ruell's current residence is 123 Brettwood Drive, Egg Harbor, NJ 08234, 3, Admitted, 4, It is admitted that the Petitioner filed a Complaint in Divorce at or about the time of the filing of Plaintiff's Petition for Special Relief. It is specifically denied that there is any "urgency" for the Plaintiff to file the Petition for Special Relief or that the Plaintiff is entitled to Special Relief. 5, It is admitted that in October of 2001, Petitioner's father passed away, It is specifically denied that in October of 2001 Petitioner's aunt passed away, On the contrary, Petitioner's aunt passed away in 1998, It specifically denied that Petitioner inherited approximately $500,000.00 from her father and/or aunt. On the contrary, Defendant believes and therefore avers that the amount of the inheritance was " approximately $100,000.00. It is admitted that the inheritance was deposited into a joint bank account. 6, Denied, It is specifically denied that the Respondent "has systematically withdrawn" money from the parties joint account and purchased several properties, On the contrary, the parties withdrew money in order to perform extensive repairs at Petitioner's house located at 429 Candlewyck Road in Camp Hill, Pennsylvania, In addition, the parties jointly purchased properties as is evidenced by titles, Moreover, Respondent never kept any information relating to the properties a secret. 7, It is admitted that Exhibit "A" to the Petition for Special Relief is a listing agreement between the Respondent and John Talbott/Coldwell Banker, It is specifically denied that Exhibit "A" is a listing agreement for a property in Egg Harbor Township as alleged in Paragraph 7 of the Petition. On the contrary, a listing agreement is for a property located at 41 Sundial Circle, Ocean Pines, Maryland. 8, It is admitted that upon learning that the property in Maryland had been listed for sale, counsel for the Petitioner contacted the realtor, advised him of the marital status of the parties, and directed the realtor to place all proceeds from the sale of the property into escrow. It is further admitted that Exhibit "B" to the Complaint is a true and correct copy of a letter dated March 23, 2005, from counsel for the Petitioner to the realtor. It is denied that the listing agent agreed. 2 9, It is admitted that Respondent, Michael H. Ruell, is attempting to refinance the mortgage on 41 Sundial Circle, Ocean Pines, Maryland. It is further admitted that the refinancing was to take place on April 13, 2005, It is admitted that Respondent was to receive $200,674.00 from the refinancing. It is specifically denied that the Respondent took this amount of money from Petitioner in order to buy the property, On the contrary, the property was purchased on January 4,2002 for a purchase price of $200,000.00, A true and correct copy of the settlement sheet for the purchase is attached hereto and incorporated herein by reference as Exhibit "A". The purchase of the Sundial Circle property was funded by $150,000,00 mortgage provided by Bay National Bank, The balance of the purchase price was obtained following the sale of a property located at 501 Golden Sands, Ocean City, Maryland, By way of further averment, all of the equity is not being taken out of the Sundial Circle property. On the contrary, the property appraised at $550,000,00, The refinancing would still leave substantial equity in the property, 10, It is admitted that Petitioner was never notified of Respondent's desire to refinance the Sundial Circle property, It is specifically denied that Respondent had any duty to notify Petitioner of his desire to refinance the property, 11, After reasonable investigation, Respondent is without sufficient knowledge or information to form an opinion regarding the Petitioner's beliefs and, therefore, proof thereof is demanded. 3 12. Denied. During the course of the parties marriage, Petitioner was fully aware of all of the finances and had control of the parties joint checking account. The parties collectively made decisions on investments and their future. 12, [Petition erroneously contains two Paragraph Nos, 12], Respondent is without sufficient knowledge or information to form an opinion regarding Petitioner's beliefs and therefore, Paragraph 12 is denied. 13, Denied. Respondent had sold legal interest in the Maryland property and had every right to refinance the mortgage, 14. The averments contained in Paragraph 14 of the Petition are conclusions of law to which no response is required. To the extent a response is deemed required, they are denied. NEW MATTER 15, Paragraphs 1 - 14 above are incorporated herein by reference. 16, The parties were married on June 6,1970 in Bergenfield, New Jersey. 17, The parties separated in December of 2004, 18. At the time of the separation, the parties owned four (4) pieces of real estate to wit: a. Marital home located at 429 Candlewyck Road, Camp Hill, PA. b. A rental property located at 1299 Kelton Road, Lower Allen Township, Cumberland County, PA; 4 c, Investment property located at 41 Sundial Circle, Ocean Pines, MD; and d, Home located at 123 Brettwood Drive, Egg Harbor, NJ, 19, At the time of separation, the marital home and rental property on Kelton Road were owned jointly by the parties. 20. Subsequent to their separation, the parties had numerous discussions regarding how to resolve the economic issues that would arise from the anticipated filing of a divorce action. 21, On February 14. 2005, the parties executed two (2) deeds conveying the marital home and rental property on Kelton Road from the parties jointly to the Respondent. A true and correct copy of the Deed for Kelton Road is attached hereto and incorporated herein by reference as Exhibit "B", A true and correct copy of the Deed for the marital home is attached hereto and incorporated herein by reference as Exhibit "C". 22, It was the intention of the parties that Respondent would retain sole interest in the Sundial Circle and Brettwood Drive properties in exchange for the Petitioner receiving title to the marital home and Kelton Road rental property, 23. Petitioner filed the instant Petition for Special Relief pursuant to Rule 1920.43 which provides: (a) at any time after the filing of the Complaint, a Petition setting forth facts entitling the party to relief, the court may, 5 upon such terms and conditions as it deems just, including the filing of security (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real and personal property in accordance with Rules 1531 (a), (c), (d), and (e). Petitioner did not seek a hearing within five (5) days as contemplated by Rule 1531 (d), As such, the injunction issued by this Court should be deemed dissolved. WHEREFORE, Respondent, Michael H, Ruell, urges this Honorable Court to deny the Petition for Special Relief and dissolve the Injunction entered by Order dated April 13, 2005. Respectfully submitted, NEALON GOV P~RY By: ~ .- Date: t.( hi Iv';' 1 I James G, Nealon, III, Esquire \.0.#:46457 2411 North Front Street Harrisburg, PA 17110 7171232-9900 6 ?1? 236 9119 PAGE 82/82 P.03/10 84/28/2885 ,4:41 QP':;'-.?~-2005 1.5: 19 58992597% NEALDN & ODUER STAPLES VERIFICATION i, MichaEl' H, Ruell, verify that the statements made In the foregoing Answer with \!i1W Matter are true and correct, I understand that false statements herein are made sublect to the penalties of 18 Pa.C,S.A. 94904 relating to Ul'l$worn falsification to '}ll~hnrltles, D2,te: Lf -J...(J ,-(,S' ~~;tt:d2~~Q #- zf2<u,1! Michael H. Ruell r \ .\ ~ , ,y\\\ \7\ . 1-/ ( -r-. _..,._---->_.__."._.~.......-- , " IA. SETTl..EMENT STATEMENT U.S. Department of Housing and Urban Devel.opment --I i .., 8. lVJ)e ot Loan . .. - I"111l. ,. - Fm"~~ 3.. -X CanV. U~I...~. I' "', N";:~B2 [, ~~an Numb.r 8. Morlg~OA I".u,~"oe Ca,. Numb.. 4._~" .. - Co'v. I"" C. NOTE: Tl1is furm is fuN'l~hed 10 gi"'e ~ou II. statemeMl of Qctual settlement casts. Amounts p!,-id"10 and by tM ~eUlElmanf :igQn! am shawn. 'lems marked (P.O.C.) were paid outside th.e c!oslclg", tl1.ey are Sl'\QIHf', M~ ter j(l1orme.liCrl'i pljl'PO~e.:s anti are not irrolllded inlhe totals. D. Name and Addritss 01 Borrower E, Name lLtId Addr9ss of Seller F. NalTle !1M AddreS5 at Lender Michael H. Ruell John D. Messner, Jr. say' National Bank Olerie ROOm Messner 429 Candl""Yck Road 109 Poplar Hill Avenue Camp Hill, PA 17 Oll 13604B Wight Street salisbw:y , MIl 21801 Ocean City, tin) 21842 G. Propan.,. lClC<ltion H. Settlement Agent Harry S. Groton, Jr., P.l<. Lot N'o. W-04-615, O:::ean Pines Berlin, Mn 21811 Place 0/ Settlement I. Settlement 41 sundial Circle 21 Sooth Main Street.. DClla Property Acct # 03-092631 Berlin, Maryland 2181l 01/04/02 ." J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF .SELLER'S TRANSACTION: 100. GrQ.ss Amount Oue From Borrower 400. Gross Amount Due To Seller IOl.Confr~lslllM. pri.;e 200,000.00 40t. Contr.cl $a~s pri(:e 200,000.00 102. PersMaJ oroaMY 4I'J2.PerSCM~rt 103. SelllOlmElrlI cl1ar~!l. to tlorrowar rHos 1400\ 8,828.04 403. 104. 404. lOS. 405. Adiustments fOf items - Daid bv seller' in advance Adiustments foT' items caid bv selle!' in advance 106. Clly/lown taxes 10 406. Cltyflown t&X1I3 10 107. County faxes 01/0oltoOGI3C 592.11 407. County ta:o-e's 01/04 to 06130 592.11 1013. AsseS6mants 10 408. Assassm8f1t.s to 109. 409. 110. .AsSOClatloo dues to 5/01102 296 ,51 410. Assoc~at~on dues to Sf 01 Q2 296.51 111. Wor.Co_San. ~ water use 59.92 411. Wor.Co.San. - water use 59.92 112. war.CO.San - EIXJ - 9/01 02 109.15 412. Wor-CO.San - EOO -' 9/01/02 109.15 120. GROSS AMJUNr DUE I'RQ\1 209,885.73 420. GROSS J\M:XJNl' DUE W SELLER 201,057.69 200. Amounts Paid Bv or In Behalf of Borrower 500. Reductlons In Amount Oue To Seller 201. Deposit or earrHlSl morley 50,000.00 501. Excess OlilpOSit (1l.1W!I instruclicr'ls) 202. Prlncioal amount 01 new loan s) 150;000.00 502. Se\t\em~t the.;nes to saller line UOO) 12,055.00 203. EJQ51ino 1081']1:0\ taken subiacl \0 503. ExislinCl loan '5) laken ll.ubiilct 10 204. 50"". Payoff of lirst mortgage loan 146,377.38 central Loan l\dndn:istratwn 205. 505, Palloft ot second monmlce lonn 206. .".. OPA Resale ce.rt 150.00 2Q7, 501. :WB. SOB, 209. 509. Adjustments for items u noaid bv seller' Adfustments for items unoi'id bv seller 210. City/town tal(9S to 510. CitYf!.own taxes to 211. County taxes 10 511. County IIl.l(eS to 212. Asse~$mel'lt$ to SU? Assessments 10 213. 513. 214. 514. 215, 515. 216. 516. FM. Ex. na: off 14.00 217. 511. 218. 51a. 219. Sta. 2:20. TOTAL PAID SYIFOR BORROWER 200,000.00 520. TOTAL REDUCTION AMOUNT DUe SELL.ER 158,596.38 MO. Cash At Settlement F"om or To Borrower 600. Cash At Settlement To or From Seller 301. Gross amourtt dl.lB from bo'rower (111e 1201 209,885.73 601 Gross amount dIJ9 10 S9111l1r (lIoe 420) 201,057.69 302. Less amounts .oak:! by/for borrower (line 220) 2001000.QO oSQ2. Le.$f> t6Ql.ie\IQl'I amoul'It cue S&\laf {line S20~ lSB,596.3'2, 303. CASH FROM BQRFlOWEA 9,885.73 603. CASH TO SELLER 42,461.31 OMB No 2502.0265 SUflSTIT\JTE FORM 10" eELlef'l""I\Te~,EI'IT Th. ,~I~lm.,i"" <:onlal".d In DI";~I. l!, (3. H ..nd I .."d ,,~ II". 4a1 lor. II I;,. 401 1& ".I.rl.k.d. 1...403 .nO 4ll4jlt impon&nl \ilK IntMm..II~~ Md 1& ~.I~g hH"I'~od I. ;~ 1;~~~~\nA;.~~~~: ~s~'~"~_.:\ 1::" ~'..~~~;:,~rl~ 1~llrl\~&~ ~~~~~~' I: ;:~~!iI:~~;lpp.~".~:ld:~~::hfl{. of:~~''~' ~~~ ~;,~";,~"~~n:~"Q~'>:r \~j~~I~:t'R':.:::~~:~ '<l l>'~f .~;.;:;~~d..,:~d ,~~~ 1&" '"1..r~: 1" ,,11'10' fI."u"'\lo~., ."mpLlI\. 'h. '~:<,11Clbl. ~.II~ ..I FOlm 41Ql. ..""" I2Si .n41..r li~l1.d',I. I;) (F,,'m '''''0). '1o~ ,,,. '.ql"lod .. "ro..'dw ,~. S.."I.mon\ Ago", ~~~i.~~ ,~~r..'J ~1t~rl~I~~1 C:~~Oi111.t:fn;":;~~:Ob~lllli~I."n u~~':rb;'~n':'lr:~ od", p:~lt!lr;~~I":.rl.~~~ ~~~':I~:n~lI~lI~':rl :~I~hwtl~~ i:(,t.ICl1il':~~e~~.' Ie l~;'~~"t~~:~ I~~;~~~~' ~~~IiIi:J\,:~ nll,"bor. J~~~ U. l'JI....n..., ~t. l'~nrm ", u.s. !j~ ,- '<:)'1, ..JF "QUSING AND uRBAN Dt:.VELOPMENT SETTLEMENT STATEMENT PAGE 2 --------:." L SE"ITLEMENTCHAFlGES; FILE ~; 30382 PAID FROM PAID FROM laD.... TOTAL SALESlBAQKEA'S COMMISSION ba:sscl on piiCB $ 200,000 .OO@ 6.00;; 12,000.00 BORROWER'S SELLER'S -. Divls;on of commis&'ort (Ill'll) 10m as. rollo'tlls: FUNDS AT FUNDS AT 701. s 6 000.00 10 01 Connor Piner & Flvrm SETTLEMENT SETTl.EMENT 702.$ 6 000.00 to Ib.lerran Rea Estate 703. Commi$siol"l paid al Selllemef1t 12.000.00 704. actninistrat1 ve fee O'Conor P~ne:c & Flvrm 195.00 !lOo.ITEMS PAYABLE IN CONNECTION WITH LOAN PD.C.llems BOL Loan Origination FaEl .- 1lll2. Loal1 OIscmlfll " '00. Annr!lisa' Fee to CoasCal Aooraisals 300B -50.00 ,,).. Credit Report to Credit P US 29.15 00'. Lender'!> lnsoeClll'ln Fee " 006. Mlg. In&. AMllcatlon Faa to e07. /l.$s"mo~ron FQ$ " aOB. docurrent o:r:enarat~on Bav Nab.anal Bank 250.00 "'.. fleed cert fee FDSI 19.00 ij10. underwritina fee IlMIC 75.00 811. tax serVlce fee Ho:reside , Inc. 8:1.00 ,,~ doa.Jr\'etlt reV1.ew fee Hareside Inc. 125.00 813, 814. . 8\5. '00 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE '901. Inlernst !(om 01 04/02 to 02/01 02 @. 31.85 'dO" 28o"vs 891. 78 902.- M~rtae.~e l"s\JrIloI\(;G premY..im IOf to 903. HSZ8rd InsurElnce Premium lor 0""," to Allstate Insurance 609.00 904. floc::d ll?9. oraUlum Allstate Insurance B39.00 005. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard Insurance 2 mo,@$ 50.75 /mo. 101. 50 1002. Mortllll.oe II1Su(ance mc,@1 Imo. '003. ClIv QTOperw \Iil.>\:es rTI0,@$ (mo. 1004. CounlV crooBrh' laxes 5 mo.@S 101.18 Imo. 505.90 1005 Annual Assessments mo,@$ Imo. 1006. flo:xi lJ1S. escro,.,r 2 mo.@S 69.92 jmo. 139.84 1007 mo,@$ Imo. '008 escrow 1l0CQu"t adjl.l;;lrneflt -81.73 1100. TITl.E CHARGES 1101 Settlement or OM:JSir"lQ fee to Ilarrv S. Groton, ;;!r. 100.00 1102 Abslraol Of tilll;l searcr. '0 \103. "Ole. ElXlI.minstiorl \0 S. Qroton, JR. (S1050) 475.00 1104, Trt18 insurance binder 10 Tld..<>Water Tltle 25,00 1105, Documen( pl'tlp'srlltion " I!;onv S. Groton, Jr. 135.00 1106. NOlaN lees '0 Notarv 8.00 1107. Attorney's r~5 to ""n"V S. Groton, Jr. 35.00 Includes above items No: 1108. Thla "sur...nce to Tld..<>Water Tltle 375.00 {inCludes above items No: ,- 1109 LenclEl;'s covBr~oa $ 150,000.00 n_ 375.00 1110 Owner's cOllara,gQ S. 200,000.00 -- - 1111. owners tltle lI1S rerrdlJln. 5360.. OOtlanal 1112. , -- '113, '. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Aacordlno fee' Deao S 25.00 ; Mcrtoane $ eo.oo ; RsIQasas $ 20.00 105.00 20.00 1202. City/county/stsmflS Deed S 1,000.00 ; MO~9aoe-$ 1,000.00 12n3-. Slat80 ta)dSltamDs Deed $ l,320.00 : Mortoaoe $ 1,320.00 1204. State Transfer Taxes 1,000.00 1205. Reco aSSl t of ri/t 25.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. SUN&{ to Madison J. Buntm;; su.r;",ys 325.00 1302. Pest insoe<::tion '0 Chesaoeake Exte.mu.natina 55.00 '303. 1304. elevation cert Madison J. Buntma 150.00 1305, 130ft 1307. 1308. 1400. TOTAL SETILEMENT CHARGES (enter on lines 103 al\d 502. Sections J and K) 8,826.04 l2.055.00 I h~~o t~I01~1I) ro~I'''od 1ho "\10., h1\lomo~, S1~'lmO"l :vl~ ,. 1110 ~"l of I'IV k~owl.dgo a"d tolUof, I' If a \r~o ~"o ~Hur"'lO fli"I'I,"1 01 ~Il ('<:'1'011; ~i dfIDu".rno"ll m.ao, 0" "'Y .acc.~"l .. ~r "''I If\. \II" UiH'lC'.lllll. \ 11l1I~b' CIIlI!1 '~.at 1 h'l.~ r.cl]~U , G.~) 01 'fl. l"1UO"1 S,"f,,,,ool SI~lo""~"I. ~no LJ. M",,,,,,,/t. ""fChloll1. ""oil ""orll Rolli" M.u~or Tr.. HUD.f ..lIlell' "a~o ~'O~lfO<l" II \ruo .aOd .ec~..ato acea,,"1 or ,1\11 """.aClIon. I non c.."o.d tho '~"d. In 00 dl.tou'Ud in aeo.,di"e. ..ill1 Il\i. ,ll,,"'.r>.L 6"\l.m'~1 I<.glm Ul.lo ~~:It:,l~,?;o~~~,,~_ <';':;od~~Af~:.I';!;',I1~III:~,k: ~~~.o c.,1:~.'S:~'\~"'OIJ~~ ~~~.;1~;1~\;'1 ;,"a.'''IO "( any ",/to, ',mllaf r.ll"\. 1'."~III,~ ~~o" ,gn"Io;I,an m Inclu~1 .;I I.", ""...rm ----- \' \0 s; .} \\ . ~~ "l';RO~1 : kp NE MARTI N UN !TED ASF IT FAX NO. :717-230-8534 ".' , ppr. 152005 10:16AM P2 DEED .p '. THIS bEED, made the /:{ r day of ~~~ ,2005 Between Michael H. Ruell and Carol F. Ruell, his wife Herein designated' as the GraDtors . And Carol F. Ruell Herein desigilated as the Grantee, . . . \V1TNESSETH, that in consideration of One DQlIar, in hand paid, the receipt whereofis hereby acknowledged, the said Grantors do hereby grl\Ilt and convey to the said Grantee her heirs and assigns, . . ALL THAT CERTAIN tract ofland situate in Lower Allen Township, Cumberland County, Pennsylvania, knOWIJ. as 1299 Kelton Road and being all of Lot No. Io'aml II small part of Lot No. 17, Block 0 on the plan of Highland Park recorded in the Recorder of Deeds office in and for Cumberland County, Pa in Plan Book 4, page 98, bounded and described as follows: . BEGINNING at an iron pin OD the Southeast side of Kelton Road set 268.37 feet Northeast of the intetseetion of the Southeast side of Kelton Road and the Northeast side of Manchester Road: Thenc.e extending alOng Kelwn Road, North 48 degrees East 55 feet to a comer of Lot No. 15 on said plan: Thence along said Lot, South 42 degrees East 105 feet to a point in line of Lot No. 23: Thence along Lot No. 23 and Lot No. 22, South 48 degrees West 56.4 feet to a comer oflot now or formerly of Thomas J. Dennott, Jr. and Stella Ann Dermont, his wife, Thence along said land along the line of a fence, Norlh 42 degrees West 41:8 feet to a comer: Thence North 48 degrees East 1.4 feet to a point on the dividing lil1.c between Lot Nos, 16 and 17 on said plan: Thence along said dividing line, North 42 degrees West 63,2 feet to the place.ofBEGINNING. , 1 eP-OM IKUHE i,ARTIcl UHITED ASI "T FAX NO, 1717-230-8534 IRpr. ,15 2005 10: 18riM P3 ~!I,~~~,~~,~,~~,);~~~!.~~t.,.".JK~'1,~.,;~~",~~~"T.l,.' "0, - "",""i.,.~..~" "":, " '" ~ -". , . . -'-7" '~"""""""''':-''~~:"""~':'''.,~",~",,"...,~~,~:,,,,~,,;,-,~. '.7'.n BEING THE SAME PREMISES C()nveyed unto the Grantors by Mel Martinez, . Secretary of Housing and Urban Development of Washington, D.C. by deed dated Febl'\lraIy 20, 2001 in the Recorder of Deeds office in and for Cumberland County, Pa., in Record Book239, Page 1077. The within transfer is between Husband and Wife and is exempt from Realty Transfer Tax, IN WI1NE~ WHEREOF ~ said Grantors have hereunto set their hand and sea! this I <-{ day of' . 4,MJ,&u<( ,2005. . , Signed, Sealed A.nd Delivered in Mre_ of it. ,~t~ ~f\J.. . r7tt<~ 1%~/LJJ Michael H. Ruen . c:.cL..CL'- '-~ . Carol Ruell The Undersigned certifies that the precise residence and complet.e post office address of the Grantee is: 429 Candlewyck Road . Camp Hill, FA 17011 A--. J ~~lA~ I\,. . , 2 ,~ FPOM :KLINE MARTIN UNITED ASr"T FAX NO, :717-230-8534 )Apr. 152005 10:19AM P4 ~~~~'l'~~lt"",:W'",4.~~:,.,-,-",.J ". .y~, . , . . . ." . . ,'-'" .-. "m-'C"~~"""-",,-,,,_ .;:.,::".-,., "'.'..' ,," .-. '. ,""." Commonwealth of Pennsylvania County of Cumberland ) ) ss: ) Be It Remembered, that on p;.. ),r/..{uy /1; -20aS' before me tie subscriber personally appeared Michael H. Ruell and Carol Ruell known to ,me (or satisfactorily proven) to be the people whose names are subscribed to the within deed and acbowledged that they executed the same for the purposes there'.n contained. ' IN WITN,ESS WHEREOF, I have hereunto set my hand and notarial seal the day and year aforesaid. ~'R Q-w-j , - Notary Public . (7 cn:rn OF vANIA ~SeeI SlamnK.~NoIaIYPtilIic CllyOl~~CW"4Y t.t!O'........., El<pIlV& Nov. Zl.llJOll _. Poaft$'IIvaMI Asaocioll"" Of"",,",," .' ~ 3 r' .' $, k' ._.,),\\\$ \ ~ ._-_.-~ :\:u NE MARTI N UN !TED ASP' '" . T 15 2005 10:20RM P5 DEED THIS DEED, made the , L/ t-h- 511' / dayof - ~'^'y ,2005 Bet\\o'een :Michael H. Ruell and Carol F. Ruell, his ",ife Herein designated as the Grantors And Carol F. Ruell aerein designate<i as the. Grantee, Wm'lESSETH, that in consideration of One Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby gPUlt and convey to the said Grantee her heirs and assigns. . ALL THAT CERTAIN lot or tract ofland situate in the Lower Allen Township, Cumberhind COWlty, Pennsylvania, more particularly bounded and described as follows, tGwit: BEGINNING at the point of intersection of the northerly line of CandlewYck Road and the line of adjolner between lots numbered I and 98 on the hereinafter mentioned plan oflots; thence South 38 degrees 42 minutes 16 seconds East by said line ofadjoiner 114.81 feet to a point; thence. South {) degrees 55 minutes West 36.63 feet to a poirlt; thence by Lot No. 99 on said plan South 74 degrees 17 minutes 44 seConds East 105.52 feet to CandIewyck Road; thence by the northeasterly line of Candlewyck Rood North 15 degrees 42 minutes 16 seconds West 26.23 feet to ;l.point; thence by same on a curve to the right with a radius of 123.19 feet a distance of 143.71 feet to the pointand place of BEGINNING. BEING Lot No.98 on Plan of Lots known as Section 4 of AlIendale, as recorded in th",Cumberland County Recorder's Office in Plan Book No. 11, Page 30. 1 FROM : RU NE MARTI N UN !TED AS ;_ T FAX NO. :717-230-8534 !Apr. 15 2005 13:23AM PS ~,~'!!':~~:W:;~lt; ,.:I,',t"',i'r:,,~;r~''<''l:,7~r:1,'''"''::'_'''''r''''~':~'''" HA VlNG THEREON ERECTED a two story brick and frame dwelling with attached two car garage known as 429 Candlewyck Road. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING THE SAME PREMISES WHICH Jack P. Albaugh. and Martha W. Albaugh, hi$ wife, by Deed dated April 14, 1980 and recorded in the Cumberland County Recorder's Office in Deed Book 28, Page 703, granted and conveyed unto Michael H. Ruell and Carol F. Ruell, his wife, the Grantors herein. The within transfer is between Husband and Wife and is exempt from Realty , Transfer Tax. IN WIlNESS WHEREOF; ~ Grantors have. hereunto set their hand and seal this i l{ day of FE. 'PI.1' 2005. . Signed, Sealed And Delivered in ~~~ . J'i .~~ ~~(54~ Michael H. Ruell . ~~~'. Carol Ruell The Undersigned certifies that the precise residence and complete post office address of the Grantee is: 429 CandlewyckRoad ~ CampHill,PA 17011 .J ~ fVV\' '\ , t~ " 2 FROM :K~INE MARTIN UNITED AS _T FAX NO. :717-230-8534 Rpr. 15 2005 10:24AM P7 ....., '1'-: ". . '".' .-:7;""~~.;'\"""'" '-i' :"':":,;",f'I".I_--:-~"".:--.~',.;::,,,,. ...:.\...:" .......,.. . ,:" : ". '." .... ',., Commonwealth of Pennsylvania ) ) 55: ) County of Cumberland Be It Remembered, that on' F;. b rotA "7 / ~ ;2 () OS" before me the subscriber personally appeared Michael H. Ruell and Carol Ruell known to me (or satisfactorily proven) to be the peOple whose names are sUbscribed to,the within deed and acknowledged that they executed the saine for the purposes thereinconuimed. IN "VITNESS WHEREOF, I have hereunto set my hand and notarial seal the (lay and year aforesaid. ~fi );t ~,,- Notary Public (/ EN; OF ')l NoIariOISod ......K.~~~ CltfCfHllnlll>J1l.~""'"' ~0l>n..1111 h E>qlit85 """'.22,2llD8 .Flef"'~'~Of-'" .,") J - ~:- .11 r n , . .~ CERTIFICATE OF SERVICE AND NOW, this d-/~ay of April, 2005, I hereby certify that I have served the foregoing ANSWER TO NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Elizabeth B. Stone, Esquire STONE LAFAVER & SHEKLETSKI 414 Bridge Street New Cumberland, PA 170 ~ ~ James G. Nealon, III, Esquire ,..-", r"" ',-" ( ) -n :"-:! ......J ,,' C"".::. CAROL F. RUELL, Plaintiff vs. MICHAEL H. RUELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1897 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER ">,r AND NOW, this L- day of April, 2005, hearing in the above captioned matter is set for Thursday, May 5, 2005, at 2:30 p.m, in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. ~zabeth B. Stone, Esquire For the Plaintiff /ames G. Nealon, III, Esquire , For the Defendant :r\m ~/ o ~ ,/.-?.-f.).'J BY THE COURT, !i' j'1.) "'1:) f: '}l :~~ ~tJ 12 ,UdV SfJJZ f 1 \di" ,FJIfLL rU21l-a f [o! service CAROL F. RUELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1897 CIVIL TERM MICHAEL H. RUELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone LaFaver & Shek1etski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Michael H. Ruell, at 123 Brentwood Drive, Egg Harbor Township, New Jersey, 08234, by United States Certified Mail, postage prepaid, restricted delivery, on April 15, 2005, as evidenced by the attached Certified Mail return receipt. SWORN TO AND SUBSk~BED before me. this ~ day of Y 2005. COMMONWEAlTH Of NOTARIAL S KATHLEEN KEIM, Nolaly PublIc NIlW Comberland Boro. CUmbllland Co. My CommJsslon ExplltS Dee. 5. 200ll .... -.. Carol F. Ruell v. Michael H, Ruell No. 05-1897 Civil Action - Law in Divorce , Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space p 'ts. 1. ArtMA~c~~ 0~J1 \. \)-3 vOv~tA 'bY . ~d *v\t>W\'f)1.o~~' \..TjJ ~ J ()~).?'1 Received by (Please Print Clearly) CWI\t5:l {(.vcLL ~ Signat~e,/) A /7 _ ()/),. Agent ~ -t'~ti Addressee D, Is delivery address different from' If YES, enter delivery addres t 'N6 \ T(' ~pp \~\ ':! 1< ~. 2do~ '.. . U "~-: "' Oppress Mail ~eturn Receipt for Merchandise o C.Q,D. 3. S ice Type Certified Mail o Registered o Insured Mail 4, Restricted Delivery? (Extra Fee) Ves 2. Article Number (Copy from service labJl!) rA '"1 iD4:..\ '::>d-dO Dtm PS Form 3811, July 1999 Domestic Return Receipt "~..t;"'" o~O\ lDl.jl~ 102595-00-M'0952 u.s. Postal ServIce CERTIFIED MAIL RECEIPT (DomestIc Mail Only; No Insurance Coverage ProvIded) ;f,Fr<' P.-~l'" .' '-'V' ..... o=f.\.) A ,-'! 0\ Certified Fee / . A \ \ $l.I~ I:~' 1> PJ'k r'- (Encfo:~~e~f~e~~~~ \ 2- ~ ere g R,,"<icted D,Ii,,,, Fw $3.50 \ (, 2005 . , o (Endorsement Required) -- ~ -- --:;:'l.f~ o TotaIPo,",ge&F.~ $ $8.15' S l~..OJ ru ~ :]\~IZ1i;;;r).... 0erc.b~~~:/:'~..m....m..,..:.........j ~ ::~\~~;mr.:~~.......~...mC'f?~j)'" .JI f'- ~ EGG HARBOR TOijNSHIP NJ 0823+ .JI .-'I o C- D $0,60 Postage $ ~ ,~~ 2: ;::;.." \ ,... {~.; 'eQ ~:::;.t J J" c.: 3. , ,., \ ~ ; ..... ~ '-..~~ :7"' .,,;:\ ."-'\.' t".) C1' c; -n .-\ X-n n1r::, -r)r\ ....M "\...-''f ;;~~\'; -{~\-n ___J .-~.\ -F' .-<: -0 :% '-? N 0"' - CAROL F. RUELL, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1897 CIVIL ! MICHAEL H. RUELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE PETITIONER'S REPLY TO RESPONDENT'S NEW MATTER ON HER SPECIAL RELIEF PETITION FILED IN THE FORM OF AN INJUNCTION UNDER &3505 OF THE DIVORCE CODE AND PA.R.C.P.I920.43(A) AND NOW, comes the Petitioner, Carol F. Ruell, by and through her attorneys, Stone Lafaver & Shekletski, and files this Reply to Respondent's New Matter with the Court as follows: REPLY TO NEW MATTER Paragraphs 1-14 in the Petitioner's Petition for Special Relief in the form of an Injunction are incorporated herein by reference as iffully stated hereto, 15 , No response required. 16. Admitted. 17. Admitted and Denied. It is admitted that Defendant began to move his personal possessions from the marital home on or about December 5, 2004; however, it was not until Christmas Eve, 2004, that Defendant moved from the marital home for purposes of separation, In addition, according to the revisions of the Divorce Code effective January 31,2005, if it becomes a dispute as to when the parties separated, the Court will consider date of separation to be the date of filing of the Divorce complaint. In the instant case that occurred on April 13, 2005. 18. Admitted and Denied. It is admitted that the parties own four properties together. , However, the Petitioner was aware that they owned three properties as late as December, 2004. It is specifically denied that the Petitioner had any knowledge of the 4200 square foot Egg Harbor property prior to finding out about the refinancing of the Sundial Circle propcrty which ,listed an Egg Harbor Township address for Respondent. By way of further answer, the parties have a history of investing in real estate properties and have jointly purchased and sold properties until 2004. In 1998, Petitioner received approximately $160,000 from her aunt's estate in Switzerland. With this money, the parties paid off their marital home located on Candlewyck on September 2, 1998. On January 29, 1999, the parties paid off a condominium that they owned in Golden Sands in the amount of594,425.78. Next, the parties paid off the Petitioner's current car, a Ford Windstar, with a first installment of $6,000, on June 22, 1999, and the final balance of $10,278.00 on October 29, 1999, After that, the parties purchased a rental property located on Newport Bay Drive, which sold for $78,000, lafter only an initial down payment of$19,000. In 1999, the parties then sold the Wildwood condominium for $50,000, which they had purchased for $44,000 on June 28, 1991. In 2000, the parties sold an Ocean City, Maryland property that they had owned since July 24, 1986, On May 31,2001, the parties purchased the Kelton Road rental property for $76,300, which has no mortgage on it. In 2004, the Respondent purchased a home in the same development as the marital home on Deerfield Avenue, for $123,000, only to turn around and sell it to the parties' son for $163,000 several months later with a profit of nearly $40,000. It is believed that this profit provided the down payment for the Egg Harbor property. It is important to note that during this entire time period, the parties' check book, over which the Respondent had exclusive control until recently, reflects numerous cash deposits and withdrawals in the tens of thousands of dollars made by Respondent. Respondent is supposedly unemployed. These deposits raise additional concerns regarding Respondent and his gambling lifestyle. a, It is admitted that the marital home is located at 429 Candlewyck Road, Camp Hill. The deed to this property is in Petitioner's name alone. There is no mortgage on this property. Respondent deeded to Petitioner his interest in the marital property on or before February 17,2005, When Petitioner learned that the two properties located in New Jersey and Maryland were not titled in both names; she saw this as a way of protecting at least of portion of their marital property against the Respondent's gambling addiction. It should be noted that their 1696 square foot marital home has a tax assessed value of$163,050, b. It is admitted that the Petitioner currently has the deed to a rental property located at 1299 Kelton Road, Camp Hill. Respondent deeded his legal interest in this marital rental property to Petitioner after Petitioner found out that the Respondent had not titled either of their marital investment properties located in Maryland and New Jersey in joint names; therefore, she saw this as a way of protecting at least of portion of their marital property. This Irental property with a square foot of 1183 has a tax assessed value of just $120,270. I c. It is admitted that the parties have a marital investment property located at 41 Sundial Circle, Ocean Pines, Maryland. This deed for this property is titled in Respondent's name alone. Estimated value of this property is $579,900, based upon the real estate listing provided by Respondent's realtor, John Talbott of Coldwell Banker. It should be noted that Respondent recently purchased a wave runner for $7,756.45, (paid in cash) and a boat for $27,011.31 (also paid in cash), as well as all new furnishings, all of which are located at the Sundial Circle property. This property was purchased by Respondent for $200,000 in 2002, and was basically razed and gutted. Everything has been replaced as new, including all appliances. The mortgage on the Sundial Circle property was paid off in full on April 24, 2003. The IPetitioner believes that the Respondent has since borrowed at least $200,000 against this Iproperty to purchase the Egg Harbor property. d. It is admitted that the parties have a marital investment property located at 123 Brettwood Drive, Egg Harbor, New Jersey. It is denied that Petitioner has ever seen this property. Petitioner only learned of this address through a postal office snafu. The deed to this property is also titled in Respondent's name alone, It has estimated that this property is valued at over $400,000. Further, Respondent has purchased all new furnishings for this home. 19. Admitted. 20. Admitted and Denied, It is denied that the parties had "numerous discussions". It is admitted that the parties had a discussion regarding the "investment properties" and that the Respondent insisted that these investments were for "their future". As far as Petitioner can tell, the only person that has benefitted from these investment properties is Respondent Further, Respondent never informed Petitioner with regard to current situations of these homes, be it buying expensive furnishings and lavish accessories for the home or refinancing the home. Petitioner believes that Respondent's girlfriend has chosen all furnishings and decorated both of these homes, to the exclusion of Respondent's wife, Petitioner herein. 21. Admitted. 22. Denied. By way of further answer, the ONLY reason that the Petitioner wanted these two properties located at 429 Candlewyck Road and 1299 Kelton Road to be transferred by deed into her name alone is because she was both fearful and suspicious of Respondent's covert activities with regard to the other investment properties, Petitioner has a longstanding habit and reputation for gambling, and is known to stay for weeks at a time in hotels in Atlantic City. The Petitioner has become increasingly concerned that his gambling debts would leave their properties vulnerable. It is absolutely ludicrous and basically offensive to believe that the Petitioner would agree to sign over two investment properties worth close to a million dollars so that she could keep the two properties with a combined value of no more than $302,000. Petitioner inherited most of the money that Respondent spent to invest into these two homes, Petitioner's aunt died and left her $160,000 in 1998, and then her father died in 2001, and leaving she and her two brothers equal shares of the balance of the aunt's estate and her father's estate. Even though Petitioner inherited all of these funds individually, she placed them into a joint savings account which Respondent eagerly and aggressively spent. Further, by the time that the Respondent agreed to sign over these properties to Petitioner, the Petitioner had already begun to suspect that the girlfriend had been around for years, and was now going to reap the benefits of Petitioner's inheritance. 23. Admitted. By way offurther answer, Petitioner filed an emergency petition as provided under the Divorce Code S 1920.32, which basically gives the Court the authority to step in to protect and to preserve the marital assets from dissipation by either party, In the instant case, Petitioner only just found out about the impending refinancing, The Respondent's Realtor I I agreed to comply with Petitioner's request that any proceeds from the sale be placed into escrow, Undersigned counsel contacted both counsel for Washington Mutual Bank and the Maryland Title Service Corporation. Both refused to cancel the impending settlement. There was no other reasonable and effective alternative to preserve the marital estate. In essence, the very nature of an emergency injunction is that there is not time, and in the interest of preserving the marital estate, the Court acted appropriately. Hence, the injunction should stand until the Court can decide what to do with the marital assets. WHEREFORE, Petitioner prays for equitable relief as follows: A, Issue a permanent injunction enjoining Respondent from selling, transferring, re-financing, conveying or any way liquidating his real estate properties located at 41 Sundial Circle, Ocean Pines, Berlin, Maryland, or 123 Brettwood Road, Egg Harbor Township, New Jersey, or any other real properties that he may own, absent a written agreement I: I il I' as to how any proceeds will be divided between the parties. B. Absent a written agreement between the parties, direct that the parties are Ito deposit any proceeds from the sale or re- financing of these two homes into an interest bearing ,escrow account with a bank located in the Commonwealth of Pennsylvania, pending the entry of .a final Decree in Divorce and the equitable division of their marital assets; C. Direct Respondent not to sell, convey, transfer, or refinance, further encumber, or liquidate in any way either or both of the two properties located at 41 Sundial Circle, Ocean Pines, Berlin, Maryland, and 123 Brettwood Road, Egg Harbor Township, New Jersey, 08234, or any other real estate property owned by Respondent unless or until the parties can reach some form of agreement either to place all proceeds into escrow, demand that the properties be titled in both names, or place the properties into some type of trust or receivership I by the Court; I D, Order that Respondent is not to further encumber any of the real estate properties herein named, or unknown to the Court; E, Grant such other relief as your Honorable Court may deem appropriate. Respectfully submitted, STONE LAFA VER & SHEKLETSKI ,7 / / / ...-;r~(~"--~' ~- / /' . tone, Esquire .60251 Street betland, P A 17070 l':7435 Y for Plaintiff/Petitioner I VERIFICATION Carol F. Ruell states that she is the Plaintiff/Petitioner named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. '..... . C a \. (j \.,. \..,~" \'\:J.....L.9 C" m '---- CAROL F. RUELL Date: '; " 0<: I: I I I CERTIFICATE OF SERVICE I, Elizabeth B. Stone, hereby certify that on the date indicated below I served a true and correct copy of the foregoing Reply to Respondent's New Matter Petition for Special Relief, on James G. Nealon, 1Il, Esquire, as attorney for the Respondent, by depositing same from New Cumberland, Pennsylvania, first class mail, postage prepaid, addressed as follows: James G. Nealon, lll, Esquire Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Date: ~~ t:) (l. <;:, <::> S--- By: KLE]:SKf-.? -,.,...... <" ..--" V'.-/ ...---) q. r-.' c:-;) ,';~ ~ '~.'-' C) -" .-l ;.~~ -n ,..;:::;...: , <II "~ion , c:-~ 'j t -, ) '~ ':.} \ -,,-.1 ;i1 i"-' \.D CAROL F. RUELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-1897 CIVIL MICHAEL H. RUELL, Defendant/Respondent IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION ORDER AND NOW, this 'f - day of May, 2005, following hearing, our order of April 13, 2005, directing the defendant/respondent to not sell, transfer, refinance, liquidate, encumber or in any way divest himself of property situate in Ocean Pines, Maryland, and Egg Harbor Township, New Jersey, is V ACA TED. BY THE COURT, ~es Nealon, Esquire For the Defendant/Respondent .> .A~ ~abeth Stone, Esquire For the PlaintifflPetitioner :rlm ~ 05 - 9 -() 5 I\!:;'_"'>~. "I .111,nl (') .,'., <..1. '" ~ G"i ,"\' ~QDZ II fl\div\lincludeagreement CAROL F. RUELL, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 CIVIL 1897 MICHAEL H. RUELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE MOTION TO INCORPORATE MARITAL SETTLEMENT AGREEMENT INTO THE RECORD Carol F. Ruell, plaintiff in the above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorpo- rate the attached Marital Settlement Agreement dated May 8, 2005, into the record docketed to the above number. The plaintiff filed a Complaint in Divorce on April 13, 2005. The parties have reached an agreement with regard to the distribution of all marital properties and now desire to make this agreement part of the record. The Plaintiff intends to file a Motion to Incorporate this Agreement as part of the Decree in Divorce within ninety days. / STONE LaFAVER& SHEKLETSKI ,. STATE OF PENNSYLVANIA COUNTYOFCUMBERLA~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION PENNSYL V ANlA IN RE THE MARRIAGE OF: CAROL RUELL Petitioner, No CIVIL 05-1897 and MICHAEL RUELL Respondent. ~^-RIT AL SETTLEMENT AGREEMENT This Agreement is made and entered into this 8th day of May 2005 by and between the Petitioner, hereinafter referred to as CAROL F. RUELL, the "Wife" and the Respondent, hereinafter referred to as MICHAEL H. RUELL, or the "Husband". WIT N ESE T H: 1. That the parties hereto were lawfully married on the 6th day of June, 1970, in City of Bergenfield, State of New Jersey; and said marriage was registered therein. 2. That the Wife has resided in Pennsylvania for a period in excess of 90 days prior to the filing of the Petition for Dissolution of Marriage. 3. That four children were born to the parties; no children were adopted by the parties; and that Petitioner is not now pregnant. 4. That there is litigation pending between the parties in the Court of Common Pleas in Cumberland County, Pennsylvania, case entitled CAROL F. RUELL V. MICHAEL H. RUELl, 5. That irreconcilable differences have developed between the parties causing an irretrievable breakdown of the marriage, that the parties have lived separate and apart for a period in excess of six months. 6, That without any collusion as to said proceeding and without any intent to obtain or stimulate a dissolution of Marriage, the parties hereto consider it to be in their best interests to settle between themselves the issues arising out of said litigation, including, but not limited to, maintenance, division or real, personal and non-marital property, debts and attorneys' fees, and to forever finally and fully settle and adjust between themselves the other rights growing out of the marital or any other relationship now or previously existing between them and to fully and finally settle any and all rights of every kind, nature and description which either of them now has or may hereafter have or claim to have against the other, including all rights and claims in and to any property of the other, of every kind, nature and description, whether real, personal, marital, non-marital, or mixed, now owned or which may hereafter be acquired by either of them, and further, including all rights or claims in and to the estate of the other. 7, Both the Husband and Wife have employed and had the benefit of an attorney. Both parties have had the opportunity to consult with an attorney regarding this settlement agreement. Both parties acknowledge that other than in the case of misrepresentation or fraud each party has fully informed the other as to the wealth, property, estate and income . - of the other. NOW THEREFORE, in consideration of the mutual and several promises and undertakings contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do freely and voluntarily agree to each and every term and provision set forth in the Marital Settlement Agreement, to wit: ARTICLE I - ALIMONY The parties agree to waive any and all rights they may have against the other as to maintenance and/or support (heretofore termed "alimony"), whether past, present or future. No alimony shall be paid by either party to the other. ARTICLE II - PERSONAL PROPERTY That each party shall retain all personal property, not otherwise designated by this agreement, in their respective possession. A_RTICLE III - OTHER PROPERTY / REAL ESTATE That all other property has been split by both parties in the following manner: I, CAROL F, RUELL shall have exclusive title in her name only to the following properties: A. 429 Candlewyck Road, Camp Hill, Pennsylvania, 17011 (titled in Wife's name only), Carol is entitled to all the contents inside the dwelling. B. 1299 Kelton Road, Camp Hill, Pennsylvania, 17011 (titled in Wife's name only,) Carol is entitled to all the contents inside the dwelling. C. 41 Sundial Circle, Ocean Pines and/or Berlin, MD, 21811 (titled in Husband's name only.) MICHAEL H, RUELL agrees that he will immediately add CAROL F. RUELL'S name to the title and both parties agree to refinance the property with Washington Mutual Bank and lift the injunction that is currently attached to it, waiving their rights to a favorable decision in either parties' favor (there is current litigation pending and a decision is expected to be rendered in a few days). Upon titling the property jointly, the parties agree to a total mortgage of$412,500.00, which CAROL F. RUELL agrees to assume in full in consideration of MICHAEL H. RUELL removing his name from the title and CAROL F, RUELL agreeing to pay him $100,000.00 of the $205,500.00 proceeds of the refinancing. The closing costs of approximately $4,000.00 will be deducted from the $205,500.00 check. CAROL F. RUELL will receive the remaining $101,000.00 (can be as low as $99,000.00 but not less), CAROL F. RUELL agrees to surrender to MICHAEL H. RUELL one brown leather sofa located inside the dwelling, one Thomas Kincaid painting (already in MICHAEL H. RUELL's possession), 4 chairs, one table, and one glider chair located on the top deck of the dwelling, all pictures located inside the dwelling, one white wicker cabinet located on the first floor porch outside the dwelling, and the train set located in the dwelling. The parties agree that CAROL F. RUELL will possess the Kawasaki 1200 CC three-seater wave runner, and MICHAEL H. RUELL will pay CAROL F. RUELL $1 1,000.00 cash for the Four Winns 22 foot boat docked at the property. Upon the cash payment for the boat, CAROL F. RUELL will surrender it to MICHAEL H. RUELL's possession and ownership. 2. MICHAEL H. RUELL shall have exclusive title in his name only to the following property: A. 123 Brettwood Drive, Egg Harbor, NJ 08234, (titled in Husband's name only.) Michael is entitled to all the contents inside the dwelling, 3, MICHAEL H. RUELL agrees to transfer the title to CAROLF. RUELL of one 1998 maroon Ford Windstar (vin #2FMZA5143WBD78612) titled in MICHAEL H. RUELL'S name and one green 1998 Hyundai Sonata (vin #KMHCF24F9WAI26619), also currently titled in MICHAEL H. RUELL'S name, CAROL F. RUELL agrees to give MICHAEL H. RUELL possession and ownership ofa 2000 GMC Yukon Denali (vin#IGKEKI3RI YRI 53966), ^-RTICLE IV - PENSIONS That both parties shall waive any rights or claims to proceeds from the other party's pension plan, 401 (K) plan or LRA accounts, ARTICLE V - LIFE AND HEALTH INSURANCE Each party shall be entitled to any life insurance policy and benefits as the insured, CAROL F, RUELL agrees to keep MICHAEL H. RUELL on her health insurance plan as long as she is employed by Highmark Blue Shield up until the date of the divorce. ARTICLE VI- ATTORNEY FEES That each party shall pay and be responsible for his or her respective attorney fees incurred in connection with this proceeding, ARTICLE VII - MUTUAL FRLEASES That to the fullest extent permitted by law, and except as herein otherwise provided, each party releases and relinquished all rights and claims against the other party and his or her agents, attorneys and servants, and each of the parties does hereby forever relinquish, release, waive and forever quit-claim and grant to the other, his or her heirs, personal representatives and assigns, all rights of maintenance, alimony, inheritance, descent and distribution, homestead, dower, community interest and all other right title claim, interest and estate as Husband and Wife, widow or widower, whether existing by reason of the marital relationship between said parties hereto pursuant to any and all rights, title, claim or interest which he or she otherwise has or might have or be entitled to claim in, to or against the property, assets and estate of the other, whether real, personal or mixed, whether now owned or hereafter in any manner acquired by the other party, whether in possession or in expectancy and whether vested or contingent. That each party further covenants and agrees for himself or herself, his or her heirs, personal representatives and assigns, that neither of them shall at any time hereafter sue the other or his or her estate, heirs, personal representatives, grantees, devises, or assigns, agents or servants of the purpose of enforcing any rights specified to be released, waived or relinquished under this Agreement; and each party further agrees that in the event any suit shall be commenced, this release, when pleaded, shall be and constitute a defense thereto. That each party further agrees to execute, acknowledge and deliver at the request of the other party, or his or her heirs, personal representatives, grantees, devises or other heirs, personal representatives, grantees, devises or assigns, any and all deeds, releases or other instruments and further assurances as may be required or reasonably requested to effect or evidence such release, waiver, or relinquishment of such rights; provided, however, that nothing contained shall operate or be construed as a waiver or release by either party to the other of the obligation on the part of the other to comply with the express provisions of this Marital Settlement Agreement. A.RTICLE VIII - WAIVER OF ESTATE CLAIM That each of the parties hereby waives and relinquishes all rights to act as administrator or executor of the estate of the other party and each of the parties hereto does further relinquish all right to inherit by intestate succession any of the property of which the other party may die seized or possessed, and should either of the parties hereto die intestate, this Agreement shall operate as a relinquishment of all rights of the surviving party hereafter to apply for letters of administration in any form, and the estate of such deceased party, if he or she dies intestate, shall descent to the heirs of such deceased party, in the same manner as though the parties hereto had never been married, each of the parties hereto respectively reserving the right to dispose, by testamentary disposition or otherwise of his or her respective property in any way he or she may see fit, without restriction or limitation whatsoever, except as otherwise provided herein, A~TlCLE IX - DEBTS That Husband and Wife shall be responsible for any debt in his or her name only, That except as otherwise herein contained, this is the whole of the Agreement between the parties and each party is barred from any other claims against the other party or his or her heirs, estates and personal representatives. That this Agreement shall be submitted to the Court for its approval and if approved shall be made part of the Judgment of Dissolution of Marriage and shall be of effect and binding only if Judgment of Dissolution of Marriage is entered in the said pending suit. IN WITNESS WHEREOF, the parties hereto have written their signatures on the day and year first above written. (:n.."c \:...'-..\, ~k__C .::;; -(),;..G'~ CAROLF. RUELL DATE STATE OF PENNSYL V A.NIA COUNTY OF CUMBERLAND w~t-~ STATE OF PENNSYLV ANlA COUNTY OF CUMBERLAND S--or--os DATE CAROL F. RUELL states that she is the Wife referred to in the above Marital Settlement Agreement; that she is of lawful age and under no legal disabilities, that she has read the above and foregoing Marital Settlement Agreement, that she fully understands all of its contents and knows the effect and meaning on the contents, that the matters and facts stated therein are true, and that she has of her own free will and accord agreed to the provisions of and contents of said Marital Settlement Agreement; that she does at the time of this verification also agree to all of the provisions and contents of the said Marital Settlement Agreement, and that it is now and was at the time of signing of the said Marital Settlement Agreement her firm intention and desire to be bound by the said provisions and contents of said Marital Settlement Agreement. She further states that she owns no other property than the property listed in this agreement and that she has no other monies, accounts or safety deposit boxes that have not already been disclosed to both parties. If other monies or property owned by CAROL F. RUELL that are not disclosed in this agreement are discovered after signing this agreement, CAROL F. RUELL agrees to pay for MICHAEL H. RUELL'S attorney's fees, court costs, and any other necessary costs of litigation for defending his claim. c: Q ,<;) ~,... 'c\ \;U....'-'".\L~ '-,.. ;:. . 'J .;: CAROL F. RUELL DATE STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL H. RUELL states that he is the Husband referred to in the above Marital Settlement Agreement; that he is of lawful age and under no legal disabilities, that he has read the above and foregoing Marital Settlement Agreement, that he fully understands all of its contents and knows the effect and meaning on the contents, that the matters and facts stated therein are true, and that he has of his own free will and accord agreed to the provisions of and contents of said Marital Settlement Agreement; that he does at the time of this verification also agree to all of the provisions and contents of the said Marital Settlement Agreement, and that it is now and was at the time of signing of the said Marital Settlement Agreement his firm intention and desire to be bound by the said provisions and contents of said Marital Settlement Agreement He further states that he owns no other property than the property listed in this agreement and that he has no other monies, accounts or safety deposit boxes that have not already been disclosed to both parties. If other monies or property owned by MICHAEL H. RUELL that are not disclosed in this agreement are discovered after signing this agreement, MICHAEL H. RUELL agrees to pay for CAROL F. RUELL'S attorney's fees, court costs, and any other necessary costs oflitigation for defending her claim, ~ ~-;tZJ!I MICHAEL H. RUELL STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ C' ~ - <> -0 ~ DATE ~ t .! " " (") c: ~, (.:;::;J C? '-" <- c,:~ ~ o -n .-l ;f-:n I "r-- '" y ~;.) C1' -''1 :J.( (;} f'<" CD fl\div\lincludeagreement CAROL F. RUELL, Plaintiff/Petitioner RECEIVED JUN 2 0 Z~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA j : NO. OS CIVIL 1897 MICHAEL H. RUELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE Order And now, upon the Plaintiff's Motion, it is hereby ordered and decreed, that the attached Marital Settlement Agreement dated May 8, 2005, shall be made a part of the record docketed to the above number. 1/)0..<. .2/ Z-r I ~ ~~dJ .9- O'\J "u,-,.,., ' }\l.!';i;;,: .......,"l i~'/'if h.J S I :01 HV 12 Nor SODl AtlVlONCHlOCid 3Hl :10 381,,:\0-0311:1 fl\div\lincludeagrmntord CAROL F. RUELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1897 MICHAEL H. RUELL, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this 2Y- day of AuJ_"-- , 2005, the Marital Settlement Agreement between the parties dated May 8, 2005, (original having been filed in the Prothonotary's Office on June 16, ~ ".v ""~ 2005), and attached hereto is hereby incorporatedAinto the Decree in Divorce. BY THE COURT: ./111 J. ~ ~} . , ""::"I:;J ~'O :'1 lid tlZ ~IW SaOl i' 1\.11 ~.,. I I: ,"," - I\,b '( ,\ :'" '; ;~- It .-,.1 JU 1 JO -~~::br;IX6'-'G~T1!~ I _1" , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .., ;t;'Ii :+;+;f. ~:+;~:+;:+; :+;:+i:+;:+i~ '+' :+;~+~~ 'to:+:~ :+; ;r. . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA, CAROL F. RDELL, PLAINTIFF No. 05-1897 VERSUS MICHAEL H. RUELL, DEFENDANT DECREE IN DIVORCE AND NOW, ~..t; 'Z-Cl"S:- IT IS ORDERED AND /1, DECREED THAT CAROL F. RDELL , PLAINTIFF, AND MICHAEL H. RUELL , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated May 8, 2005, is hereby incorporated, but not merged, into the Decree in Divorce. 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