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HomeMy WebLinkAbout05-3782LINDA C. TILL, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05' 37g2 JAMES M. GOODYEAR, JR., Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 LINDA C. TILL, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, 1 PENNSYLVANIA VS. JAMES M. GOODYEAR, JR., Defendant CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. LINDA C. TILL, Plaintiff VS. JAMES M. GOODYEAR, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ) NO. CJ '37 9,1- IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LINDA C. TILL, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LINDA C. TILL, an adult individual who currently resides at 320 East Meadow Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JAMES M. GOODYEAR, JR., an adult individual who currently resides at 292 Walnut Bottom in Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 12 September 2001 in 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. a l L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`" Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: (`1-D5 LINDA C. TILL 0 uY V 1 "M1! '.I ` 4.4 Sk LINDA C. TILL, PLAINTIFF VS. JAMES M. GOODYEAR, JR., DEFENDANT 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND ? COUNTY, PENNSYLVANIA 1 CIVIL ACTION - LAW 1 NO. 2005-3782 1 IN DIVORCE ACCEPTANCE OF SERVICE I, JAMES M. GOODYEAR, JR., hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: 7 ' 3 O -o5- y 5? /4-1 JAMES M. GOODYEAR, JR. "+ o G7 -? `'" -?t l'v ? ?Ti C?_ G? ; 1 _,, L Cpl '{ (j'. r:: ::•, _?: _ F LINDA C. TILL, VS. PLAINTIFF JAMES M. GOODYEAR, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND ? COUNTY, PENNSYLVANIA ) ? CIVIL ACTION - LAW 1 ? NO. 2005-3782 ) ? IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, JAMES M. GOODYEAR, JR., in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant Date: 14t- 5IV A 3, Lei S "?kL"' IV E A. SCHERER Attorney for Defendant / Supreme Court ID # 6??7y d ? ?? ?.?; a, ??. ? ?? ?, ?, ?r ??? a LINDA C. TILL, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. JAMES M. GOODYEAR, JR., Defendant NO. 2005-3782 IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. Safi uelL. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 1 - '2 - U X ?r(<l LINDA C. TILL ?\ ?"',? ,-„ 7:,?_ -,. r ?? r , ?? ?- "?? -r, ?,..=? ? 3 -? - ..a ti _ ; ?' ?, ?;, ?_., ? -- ?. - <<_, LINDA C. TILL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. JAMES M. GOODYEAR, JR. Docket No. 2005-3782 CIVIL Defendant MOTION FOR APPOINTMENT OF MASTER James M. Goodyear (Defendant), moves the court to appoint a master with respect to the following claims: (3) Divorce (c) Distribution of Property () Annulment ( ) Support (} Alimony () Counsel Fees (} Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) P%ppeared in the action natVA (by his attorney, Michael A. Scherer , Esquire). (3) The Staturory ground (s) for divorce fix (are) divorce and equitable distribution (4) Delete the inapplicable paragraph(s): axxMwmcAijmimmak=n xjisd. b. An agreement has been reached with respect to the following claims: none c. The action is contested with respect to the following claims: equitable distribution (5) The action#owbw# (does not involve) complex issues of law or fact (6) The hearing is expected to take 1 oacx *(days). (7) Additional information, if any, relevant to the motion: Date: Z O L /4? 1A ill Attorney for lainti efendant) Print Attorney Name ......... Michael A. Scherer, Esquire ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: J. .. ?.. _:. RECEIVED AUG 0 4 """ate/ LINDA C. TILL, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. JAMES M. GOODYEAR, JR. ; Docket No. 2005-3782 CIVIL Defendant MOTION FOR APPOINTMENT OF MASTER James M. Goodyear #btkdift (Defendant), moves the court to appoint a master with respect to the following claims: (19 Divorce (c) Distribution of Property () Annulment ( ) Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) ?hWMUgyappeared in the action kWWA*DA (by his attorney, Michael A. Scherer ,Esquire). (3) The Statutory ground (s) for divorce O*x (are) divorce and equitable distribution (4) Delete the inapplicable paragraph(s): axx?adcmaimomtosted. b. An agreement has been reached with respect to the following claims: none c. The action is contested with respect to the following claims: equitable distribution (5) The action#omb # (does not involve) complex issues of law or fact (6) The hearing is expected to take 1 #w=*(days). (7) Additional information, if any, relevant to the motion: Date: 9-101, 01414, 46A Attorney for lainti (Defendant) Print Attorney Name ......... Michael A. Scherer, Esquire AND NOW, ' 20 05 G' %# C.LI a {?P.t : Esquire is appointed master wrt respect to the following claims: Ala [?fa 2!7it N r Z y. o ?' C7 ,y 4 CIVIL ACTION-LAW IN DIVORCE PETITION FOR EQUITABLE DISTRIBUTION AND NOW, comes Defendant, James M. Goodyear, Jr., by and through his LINDA C. TILL, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3782 CIVIL TERM JAMES M. GOODYEAR, JR., Defendant attorney, Michael A. Scherer, Esquire, and respectfully represents that: 1. The Petitioner is the Defendant, James M. Goodyear, an adult individual who is represented in this matter by Michael A. Scherer, Esquire. 2. The Respondent is the Plaintiff, Linda C. Till, an adult individual who is represented in this matter by Samuel L. Andes, Esquire. 3. On July 26, 2005, Samuel L. Andes, Esquire filed a Divorce Complaint docketed to 2005-3782 Civil Term on behalf of the Plaintiff raising a claim only for divorce in this matter. 4. On August 3, 2006, undersigned counsel filed a Motion For the Appointment Of Master with respect to divorce and equitable distribution. 5. By Order of Court August 7, 2006, the Honorable Edgar B. Bayley of the Court of Common Pleas of Cumberland County appointed E. Robert Elicker, III, as the master in this matter. WHEREFORE, undersigned counsel respectfully requests that he be permitted to raise a claim for equitable distribution in this matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER nk k Michael A. Scherer, Esquire I. D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mae.di rldomestic/goodyear/equitabledistribution. pet VERIFICATION I verify that the statements made in the foregoing Petition For Equitable Distribution are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. IMAI Michael A. Scherer, Esquire DATED: 0 'Z? bb u CERTIFICATE OF SERVICE I hereby certify that on August A? , 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition For Equitable Distribution, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, Pennsylvania 17043 Je n' dsay n N ? ?tl C_. en _. r eJ N N LINDA C. TILL, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JAMES M. GOODYEAR, JR., Defendant CIVIL ACTION - LAW NO. 2005-3782 IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as attorney for the Plaintiff in this matter. 5 September 2006 Samuel L. Andes Attorney at Law Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 L? -4 -1 t \ 1] LINDA C. TILL, PLAINTIFF VS. JAMES M. GOODYEAR, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3782 CIVIL ACTION - DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please mark the appearance of Steven Howell, Esquire on behalf of Plaintiff Linda C. Till as her counsel of record. Respectfully submitted, BY: St en Howell, Esquire / owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 E. Robert Elicker, III, Esquire Office of the Divorce Master 13 North Hanover Street Carlisle, PA 17013 B Date: September 1, 2006 LINDA C. TILL, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05 - 3782 JAMES M. GOODYEAR, JR., DEFENDANT CIVIL ACTION - DIVORCE OBJECTION TO SUBPOENA PURSUANT TO PA. R.C.P. 4009.21 Plaintiff Linda C. Till objects to the proposed subpoena that is attached to these objections and which was mailed on November 16, 2006 for the following reasons: 1. The parties separated on June 7, 2005 with a Temporary Protection from Abuse Order being entered against the Defendant James M. Goodyear, Jr., on June 13, 2005 docketed to No. 05-2985. 2. The subpoena seeks information regarding post separation business debt allegedly incurred on July 28, 2005 which is secured by non-marital real estate owned solely by Linda C. Till. 3. The non-marital real estate located at 309 South 10th Street in Lemoyne is used for Plaintiff's business. 4. The amendments to the Divorce Code clearly state that "the increase in value of any non-marital property acquired [prior to marriage] shall be measured from the date of marriage ... to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase." [Emphasis added]. See 23 Pa.C.S.A. §3501 (a.1). 5. In the present case the only relevant issues regarding 309 South 10th Street in Lemoyne are: (a) its value on September 12, 2001 [date of marriage] and (b) the amount of the increase - if any - between September 12, 2001 and the deadlines set forth in §3501 (a.1) of the Divorce Code. 6. There are no pending claims regarding alimony, alimony pendent lite or spousal support so the parties' incomes are not at issue. 7. Plaintiff s financial information submitted as apart of a business loan may contain trade secrets, client lists and other information which should not be disseminated without adequate protections preventing disclosure. 8. Post-separation debts or liabilities are properly excluded from the value of the marital estate in accordance with Diamond v Diamond, 360 Pa. Super. 101, 519 A.2d 1012 at 1017 at n. 6. WHEREFORE, the subpoena seeks information on a post separation debt which is not part of the marital estate and which involves non-marital property and the potential disclosure of Plaintiff's confidential business information. The documents are irrelevant to determining the increase in value - if any - of 309 South 10th Street in Lemoyne between September 12, 2001 (date of marriage) and June 7, 2005 (separation date). Respectfully submitted, BY: Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Michael A. Scherer, Esquire (Via Telecopier 249-5755) O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 By: Date: December 6, 2006 INDA C. TILL, Plaintiff V. JAMES M. GOODYEAR, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3782 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vartan National Bank 3601 Vartan Way Harrisburg, Pennsylvania 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents in the possession of Vartan National Bank relative to the loan issued to Linda C. Till for $123,000.00 on or about July 28, 2005 for 309 South 10th Street, Lemoyne, Pennsylvania including but not limited to Linda C. Till's loan application, financial information submitted to Vartan National Bank by Linda C. Till to qualify for the loan, loan documents signed at closing, HUD-1 signed at closing and the appraisal completed for 309 South 10th Street, Lemoyne, Pennsylvania 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the following address: O'Brien, Baric and Scherer 19 West South Street Carlisle, PA 17013 c/o Michael A. Scherer, Esquire You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff BY THE COURT, i, - i DATE: BY: Prothonotary SEAL OF THE COURT FDA C. TILL, Plaintiff V. JAMES M. GOODYEAR, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3782 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: H-164 00ofi, Michael A. Scherer, Esquire O'BRIEN, BARIC AND SCHERER 19 West South Street Carlisle, PA 17013 (717) 249-6873 c,y ? o C J T. N ! ' KA LINDA C. TILL, Plaintiff JAMES M. GOODYEAR, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3782 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S MOTION TO PERMIT SERVICE OF SUBPOENA PURSUANT TO PA.R.C.P. 4009.21(d)(11 1. The Defendant is James M. Goodyear, Jr. (hereinafter "husband") and is represented by Michael A. Scherer, Esquire. 2. The Plaintiff is Linda C. Till (hereinafter "wife") who is represented by Steven Howell, Esquire. 3. The divorce master has been appointed in this case and the claim of equitable distribution is pending before the master. 4. On November 165 2006, husband served a Notice of Intent to Serve Subpoena upon wife's counsel. The subpoena in question is directed to Vartan National Bank (see attached "Exhibit A") to produce documents or things for discovery pursuant to Pa.R.C.P. 4009.22. 5. The subpoena sought any and all documents in the possession of Vartan National Bank ("Vartan") relative to the loan issued to Plaintiff, Linda C. Till, for $123,000.00 on or about July 28, 2005 for 309 South l01h Street, Lemonye, Pennsylvania. 6. Specifically, the subpoena sought Plaintiff s loan application, financial information submitted to Vartan by Plaintiff to qualify for the loan, loan documents signed at closing, HUD-1 signed at closing and the appraisal completed for 309 South 10th Street, Lemoyne, Pennsylvania. 7. On December 6, wife filed an objection to husband's subpoena (see attached "Exhibit B"). 8. Wife's objections should be dismissed for several reasons: a. Wife refers to a protection from abuse Order against husband. That matter is completely irrelevant to husband's subpoena to Vartan National Bank. b. Contrary to wife's assertion, the subpoena is not directed at determining post separation business debt. The purpose of the subpoena is to determine the appraised value of the building at 309 South I Ot'' Street, which husband has a marital interest in, and to determine any prior mortgage payoff amount and the income wife reported to the bank to qualify for the loan. C. Wife contends that the building at 309 South IOt' Street is used for wife's business. In fact, the business that occupies that building is a corporation in which husband owns shares. d. The subpoena husband would like to serve upon Vartan National Bank is likely to reveal information and evidence that is relevant to equitable distribution. e. Contrary to the assertion of wife, the parties incomes are at issue because their incomes are a factor in equitable distribution. See, 23 Pa.C.S.A. section 3502(a)(3). f. The assertion that the information requested may contain trade secrets is contrived. The building is not owned by the business and the debt is not a business debt; it is personal debt of wife. Further, husband worked in all aspects of the business for several years and he was intimately familiar with the operation of the business several weeks after the parties' separation, which is when wife applied for the loan. g. The subpoena is not directed to wife, in no way burdens her nor does it create additional expense for her. 8. Husband may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. See Pa.R.C.P. 4003.1(a). It is not ground for objection that the information sought will be inadmissible at trial if the information appears reasonably calculated to lead to the discovery of admissible evidence. Pa.R.C.P. 4003.1(b). WHEREFORE, husband respectfully requests that wife's objection be dismissed and that he be permitted to serve the subpoena in question. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Movant VERIFICATION I verify that the statements made in the foregoing Motion to Rule on Objections to Subpoena are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Michael A. Scherer, Esquire Dated: December 10 , 2006 CERTIFICATE OF SERVICE I hereby certify that on December 19, 2006, I, Michael A. Scherer, Esquire, did serve a copy of the Motion to Rule on Objections to Subpoena, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, Pennsylvania 17070 (717) 770-1277 Attorney for Plaintiff ZA- Dated: December 19, 2006 C. TILL, Plaintiff V. JAMES M. GOODYEAR, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3782 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOFt DISCOYERY PURSUANT TO RULE 4009.22 k- TO: Vartan National Bank 3601 Varfan Way Harrisburg, Pennsylvania 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents in the possession of Vartan National Bank relative to the loan issued to Linda C. Till for $123,000.00 on or about July 28, 2005 for 309 South 10th Street, Lemoyne, Pennsylvania including but not limited to Linda C. Till's loan application, financial information submitted to Vartan National Bank by Linda C. Till to qualify for the loan, loan documents signed at closing, HUD-1 signed at closing and the appraisal completed for 309 South 10th Street, Lemoyne, Pennsylvania 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the following address: ii O'Brien, Baric and Scherer f 19'W est South Street Carlisle, PA 17013 c/o Michael A. Scherer, Esquire You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. f i i i I Exhibit "A" This subpoena was issued at the request of the following person: Michael A. Scherer, Esquire I.D. # 81974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff BY THE COURT, 11- DATE: BY: Prothonotary SEAL OF THE COURT DA C. TILL, . Plaintiff V. JAMES M. GOODYEAR, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3782 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FQR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: I I'16,06 Ao- a , Michael A. Scherer, Esquire O'BRIEN, BARIC AND SCHERER 19 West South Street Carlisle, PA 17013 (717) 249-6873 LINDA C. TILL, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3782 JAMES M. GOODYEAR, JR., DEFENDANT CIVIL ACTION - DIVORCE OBJECTION TO SUBPOENA PURSUANT TO PA. R.C.P. 4009.21 Plaintiff Linda C. Till objects to the proposed subpoena that is attached to these objections and which was mailed on November 16, 2006 for the following reasons: 1. The parties separated on June 7, 2005 with a Temporary Protection from Abuse Order being entered against the Defendant James M. Goodyear, Jr., on June 13, 2005 docketed to No. 05-2985. 2. The subpoena seeks information regarding post separation business debt allegedly incurred on July 28, 2005 which is secured by non-marital real estate owned solely by Linda C. Till. The non-marital real estate located at 309 South 10t` Street in Lemoyne is used for Plaintiffs business. 4. The amendments to the Divorce Code clearly state that "the increase in value of any non-marital property acquired [prior to marriage] shall be measured from the date of marriage ... to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase." [Emphasis added]. See 23 Pa.C.S.A. §3501 (a.1). 5. In the present case the only relevant issues regarding 309 South 10th Street in Lemoyne are: (a) its value on September 12, 2001 [date of marriage] and (b) the amount of the increase - if any - between September 12, 2001 and the deadlines set forth in §3501 (a.1) of the Divorce Code. 6. There are no pending claims regarding alimony, alimony pendent lite or spousal support so the parties' incomes are not at issue. 7. Plaintiffs financial information submitted as apart of a business loan may contain trade secrets, client lists and other information which should not be disseminated without adequate protections preventing disclosure. 8. Post separation debts or liabilities are properly excluded from the value of the marital estate in accordance with Diamond v Diamond, 360 Pa. Super. 101, 519 A.2d 1012 at 1017 at n. 6. Exhibit "B" WHEREFORE, the subpoena seeks information on a post separation debt which is not part of the marital estate and which involves non-marital property and the potential disclosure of Plaintiffs confidential business information. The documents are irrelevant to determining the increase in value - if any - of 309 South I e Street in Lemoyne between September 12, 2001 (date of marriage) and June 7, 2005 (separation date). Respectfully submitted, BY: v ? va+ a av .v++, u.a? a,,sa v owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Michael A. Scherer, Esquire (Via Telecopier 249-5755) O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 By: Date: December 6, 2006 a. LINDA C. TILL, Plaintiff JAMES M. GOODYEAR, JR., Defendant DEC 2 0 2006 i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3782 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT 0% AND NOW, this ? day of NOL" P,f , 2006, upon consideration of Defendant's Motion in Opposition to Plaintiff's Objection to Subpoena, and upon consideration of the Objection of Plaintiff to the subpoena, the Objections to the Defendant's Subpoeana are hereby DISMISSED and the subpoena may be served upon Vartan National Bank forthwith. BY THE COURT, 1?k -A?"J_a \Z 0 ichael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Attorney for the Defendant X ven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Attorney for the Plaintiff V a! ..ir?t^ ZC:H II` 9V310HE 12'%2-d SHi JO LINDA C. TILL, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3782 JAMES M. GOODYEAR, JR., DEFENDANT CIVIL ACTION - DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301 (c) of the Divorce Code was filed on July 26, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 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.A. §4904 relating to unworn falsification to authorities. BY: 904?? Linda C. Till Date: r-I rT? - e - ; P. LINDA C. TILL, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3782 JAMES M. GOODYEAR, JR., DEFENDANT CIVIL ACTION - DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) AND §3301 (d) 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.A. §4904 relating to unsworn falsification to authorities. Date: 5-141-07 BY: inda C. Till - t-n t i u: If } LINDA C. TILL, PLAINTIFF VS. JAMES M. GOODYEAR, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3782 CIVIL ACTION - DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301 (c) of the Divorce Code was filed on July 26, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 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.A. §4904 relating to unsworn falsification to authorities. BY: ('?' 4'-'1 Ames M. Goodyear, Jr. ? Z?? 7 Date: u I c? _._, -.-- -T-,?„ , - ? _? ?,. ? ...? _ , __. ?. ` ?. ( ?.?4?? '_ ??? A ?? ? A LINDA C. TILL, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3782 JAMES M. GOODYEAR, JR., DEFENDANT CIVIL ACTION - DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) AND §3301 (d) OF THE DIVORCE CODE I. 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.A. §4904 relating to unsworn falsification to authorities. BY: (?;A' , ?? -/n) ames M. Goodyear, Jr. Date: ??n C? ? ? ?; _?. ?? ? ?? ? t ?t ?_, ,,,,,_ ?; , _ -:? ; , - ?} y; ;?; i LINDA C. TILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 3782 CIVIL JAMES M. GOODYEAR, JR., Defendant IN DIVORCE ORDER OF COURT AND NOW, this as 4 day of , 2007, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated May 10, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q `r ? GI Edgar B. Bayley, P.J. cc: even Howell Attorney for Plaintiff chael A. Scherer Attorney for Defendant A places as they shall respectively deem fit, free from any control, restraints or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabitate or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to. endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a limited or absolute divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE hasl filed a Complaint in Divorce in Cumberland County claiming inter alia, that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND and WIFE hereby express their agreement that the marriage is irretrievably broken and express their 2 intent to execute any and all Affidavits of Consent and Waiver of Notice Forms or any other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property and debts of the parties, alimony pendente lite and alimony, spousal support, counsel fees and expenses and child support, if applicable, are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any terms of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and be forever binding and conclusive upon the parties. 5. ENFORCEMENT : The parties acknowledge that this Agreement may be enforced to the same extent as though it had been an Order of the Court, and the parties hereby expressly invoke and acknowledge the applicability of 23 P.S. Section 3502 (e), as amended, of the Pennsylvania Divorce Code in furtherance hereof 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of 3 execution" or "execution date" of this Agreement shall be defined as the date of execution by the „ party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all legal or equitable rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and C Wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof whether arising out of any former acts, e contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowances, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, spousal support, property division, costs or expenses, whether arising as a result of marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this 4 Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except only all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite, spousal support or other claims pursuant to the Pennsylvania Divorce Code or the divorce laws for any other jurisdiction. THIS PARAGRAPH IS EXPRESSLY DRAFTED TO ALSO ADDRESS THE ACTION CAPTIONED AS LINDA C. TILL V. JAMES M. GOODYEAR, JR., FH.ED IN CUMBERLAND COUNTY TO DOCKET NUMBER 2006 - 6033 WHICH CONCERNS WINE'S PERSONAL INJURY CLAIMS AGAINST HUSBAND. THE MUTUAL, FULL AND FINAL RELEASE SET FORTH ABOVE COMPLETELY ADDRESSES ANY CLAIMS, COUNTER-CLAIMS, OR CROSS-CLAIMS WHICH WERE RAISED OR COULD HAVE BEEN RAISED IN THIS PERSONAL INJURY LITIGATION BY AND BETWEEN WIFE AND HUSBAND OR IN ANY OTHER LITIGIATION CONCERING OWNERSHIP OF POSG, INC. UPON EXECUTION OF THIS DOCUMENT WIFE SHALL FILE A PRAECIPE TO TERMINATE THE ACTION WITH PREJUDICE. THE PARTIES MUTUALLY RELEASE EACH OTHER, THEIR AGENTS, SERVANTS AND/OR ASSIGNS FROM ANY CAUSE OF ACTION WHICH WAS RAISED OR COULD HAVE BEEN RAISED AS A RESULT OF THIS LITIGATION DOCKETED TO 2006 - 6033 OR ANY LITIGATION CONCERNING POSG, INC. 9. ADVICE OF COUNSEL: WIFE has been represented by Steven Howell, Esquire, 619 Bridge Street, New Cumberland PA 17070 who has prepared the within Agreement. HUSBAND has been represented by Michael A. Scherer, Esquire of 19 West South Street, Carlisle, PA 17013. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence or the result of any collusion or improper or illegal agreement ar agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liabilities or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each parry agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. DEBTS: HUSBAND and WIFE do have the following joint debts, liens or other financial obligations between them. 6 (A) Mortgage and/or Home Equity Line of Credit with PNC Bank in the approximate amount of $143,000.00. WIFE shall be solely responsible for paying off the entire PNC Mortgage/Home Equity Line of Credit at a closing to be held no later than May 17, 2007. It is anticpated that the closing will be held on May 9, 2007 with funds available to pay HUSBAND his lump sum available on Monday, May 14, 2007. THE CLOSING AGENT SHALL MAKE THE $85,000.00 CHECK PAYABLE TO JAMES M. GOODYEAR, JK, AND MICHAEL SCHERER, ESQUIRE. HUSBAND SHALL NOT ATTEND ANY CLOSING BUT HIS ATTORNEY MAY ATTEND SUCH A PROCEEDING. HUSBAND SHALL EXECUTE AND RETURN THE FOLLOWING DOCUMENTS ON OR BEFORE MAY 9, 2007 AT NOON TO WIFE'S ATTORNEY: 1. THREE ORIGINALS OF THIS PROPERTY SETTLEMENT AGREEMENT BEARING HUSBAND'S NOTARIZED SIGNATURE; 2. AFFIDAVIT OF CONSENT TO A NO-FAULT DIVORCE AND WAIVER OF NOTICE FORM; PENNDOT FORMS NECESSARY TO OBTAIN A REPLACEMENT TITLE FOR A VEHICLE CO-OWNED WITH WIFE'S SON. HUSBAND FURTHER AGREES TO EXECUTE THE PENNDOT TITLE AND RETURN IT TO WIFE'S COUNSEL TRANSFERRING SOLE OWNERSHIP OF THE VEHICLE TO WIFE'S SON WITHIN TEN (10) DAYS OF HIS COUNSEL'S RECEIPT OF THE TITLE. WIFE AND/OR HER SON SHALL BE SOLELY RESPONSIBLE FOR ANY RECORDING FEES INCURRED IN THE TRANSACTION WITH THE EXCEPTION OF ANY FEE CHARGED TO HUSBAND BY A NOTARY TO EXECUTE ANY PENNDOT FORMS AND/OR TITLE. 7 12. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the executions date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 13. DIVISION OF REAL AND PERSONAL PROPERTY: HUSBAND and WIFE agree to the following division of all real and personal property: TO HUSBAND : (A) The sum of EIGHTY FIVE THOUSAND DOLLARS ($85,000.00) DUE ON OR BEFORE MAY 179`2007. This sum is allocated as $49,211.60 towards HUSBAND's loan to POSG, Inc. The sun of $1.00 is allocated for all of HUSBAND's outstanding shares of POSG, Inc. The sum of $35,787.40 is allocated as equitable distribution payable to HUSBAND. (B) Any and all individual retirement accounts (IRAs), self employed individual retirement accounts (SEP-IRAs), annuities, life insurance policies, 401(k) plans, or other defined benefit or defined contribution retirement plans in which HUSBAND is the participant or owner of the account. (C) All personal property and antiques presently in HUSBAND's possession. (D) Any tractor implements in WIFE's possession shall be made available to HUSBAND's designated agent for pick up on or before June 1, 2007. (E) West Virginia cabin remains HUSBAND's property. 8 TO WIFE : (A) 320 East Meadow Drive, Mechanicsburg, Pennsylvania; (B) 111 Lancaster Estates, Mt. Joy, Pennsylvania; (C) 103 Lancaster Estates, Mt. Joy, Pennsylvania; (D) 309 South 10th Street, Lemoyne, Pennsylvania; (E) All inventory, accounts receivable, business equipment and personal property owned by or used by POSG, Inc. including but not limited to all currency or deposits held in financial account; (F) Any and all individual retirement accounts (IRAs), self employed individual retirement accounts (SEP-IRAs), annuities, life insurance policies, 401 (k) plans, or other defined benefit or defined contribution retirement plans in which WIFE is the participant or owner of the account; and (G) All personal property, jewelry, financial accounts and antiques presently in WIFE's possession unless otherwise awarded to HUSBAND. (I) All of HUSBAND outstanding shares in POSG, Inc. shall be WIFE's sole property once HUSBAND tenders his outstanding share certificates on or before May 14, 2007. The parties agree to execute deeds transferring the real estate contemporaneously with the exection of this Agreement. Each party shall be solely responsible for all recording fees incurred in filing the deeds. 14. PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of all personal property except as herein provided including but not limited to furniture, household furnishings, appliances and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible and intangible property presently in his or her 9 possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of any assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The effective date of said bill of sale is to be contemporaneous with the date of the execution of this Agreement. All Property now in the possession of WIFE shall be her separate property and all personal property now in the possession of HUSBAND shall be his separate property. Except as expressly provided herein, each party forever relinquishes any right he or she may now or hereafter have in any assets not belonging to the other. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all of the property, whether real, personal or mixed, tangible or intangible, which has been acquired during the marriage, or is hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank, checking accounts and the like in their respective names or business names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds by the other in such accounts. 16. PENSION, ANNUITIES AND/OR RETIREMENT BENEFITS: Except as provided in Paragraph 13, both parties agree that any interest the other has acquired through a pension, profit sharing, savings plan, thrift plan, annuity or retirement plan shall remain as the sole and exclusive property of the other. WIFE agrees to waive any interest she may have in such property of HUSBAND, and fiuther agrees that she will not assert a claim 10 to such property in the future and does hereby assign irrevocably any such right or claims to HUSBAND. HUSBAND agrees to waive any interest he may have in such property of WIFE and further agrees that he will not assert a claim to any such property in the future and does hereby assign irrevocably any such right or claim to WIFE. The parties agree to execute within ten (10) days of a written request any waiver forms required by any pension plan or retirement account manager. 17. MOTOR VEHICLES: HUSBAND and WIFE each own vehicles titled in their individual and/or joint names and/or corporate names. Each party agrees these vehicles are c the sole and separate property of the other party. In the event any documents must be executed by either of the parties to transfer their respective interest, HUSBAND and WIFE agree to execute said titles, sales agreements or other documents within ten (10) days of any written request by the other party. 18. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES, AND SPOUSAL SUPPORT AND INDEMNIFICATION FOR BREACH: HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement providing for the division of their marital property are fair, adequate and satisfactory to them. HUSBAND and WIFE finther agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution of marital property, alimony, alimony pendente lite, counsel fees and expenses, and spousal support. Each party shall indemnify, defend and hold the other harmless against any future action for equitable distribution of marital property, to enforce the execution of any documents including 11 deeds, affidavits of consent or waivers required to be filed for a No Fault Divorce, spousal support, alimony, counsel fees and expenses or alimony pendente lite by or on behalf of the other, such indemnity to include the actual counsel fees incurred by the successful party in any such future action. 19. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any election or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this agreement without recognition of gain on such transfer and subject to the carry-over basis provision of the said Act. 21. EFFECT OF DIVORCE DECREE: The parties agree that except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as final Decree in Divorce may be entered with respect to the parties. 22. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, as his or her election to sue for damages for such breach or seek such 12 other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for the payment of actual legal fees and costs incurred by the other in enforcing their rights under this Agreement. 23. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her real or personal property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each Will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, right and claims. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. FINANCLAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505 (b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party 13 in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give fiill force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 14 29. INDEPENDENT SEPARATE COVENANT: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 33. HEALTH INSURANCE : Each party is solely responsible for the maintenance of their own policy of health insurance after the date of the Divorce Decree. WITNESS: C. TILL M. GOODYEAR, JR 15 LINDA C. TILL, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3782 JAMES M. GOODYEAR, JR., DEFENDANT CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: Please 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) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service bearing the Defendant's counsel's signature dated August 3, 2005 and filed of record on August 9, 2005. The file also contains the Defendant's Acceptance of Service dated July 30, 2005 and filed of record on August 3, 2005. 3. Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff on May 14, 2007; by Defendant on May 10, 2007. Plaintiff's Affidavit of Consent filed of record on May 15, 2007. Defendant's Affidavit of Consent filed of record on May 15, 2007. 4. Related claims pending: All claims addressed in a Property Settlement Agreement dated May 10, 2007 and provided to the Divorce Master on May 22, 2007. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: May 15, 2007; Date Defendant's Waiver of Notice was filed with the Prothonotary: May 15, 2007. Respectfully By: well Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 (717) 770-1277 Attorney for Plaintiff Date: May 23, 2007 X777 CD " r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LINDA G TILLF PLAINTIFF No. 05 - 3782 VERSUS JAMES M GOODYEAR, JR., DEFENDANT DECREE IN DIVORCE AND NOW, -5 %a %N e.- l , ?i QO?, IT 1S ORDERED AND DECREED THAT LINDA C. TILL , PLAINTIFF, AND JAMES M. GOODYEAR, JR. ARE DIVORCED FROM THE BONDS OF MATRIMONY. 7 DEFENDANT, 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; NONE. "-emu () - ?.7