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HomeMy WebLinkAbout05-5424ROBIN RONEMUS-SHULER, V. HARVEY SHULER, III, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION --LAW No. of 2005 -- ?? IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the 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, 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17103 (717) 249-3166 t? ROBIN RONEMUS-SHULER, V. HARVEY SHULER, III, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION --LAW No. of 2005 `? IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, 1 Courthouse Square, Carlisle, PA 17013. ROBIN RONEMUS-SHULER, Plaintiff V. HARVEY SHULER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION --LAW No. of 2005 - IN DIVORCE COMPLAINT UNDER SECTION 3301(a),(c) or 3301(d) OF THE DIVORCE CODE, COUNT I 1. The Plaintiff is ROBIN RONEMUS-SHULER, who currently resides at 4 Central Blvd., Camp Hill, Cumberland County, Pennsylvania, since approximately March 2003. 2. The Defendant is HARVEY SHULER, III, who is currently believed to be residing at 510 Shuler Road, Shermans Dale, Perry County, Pennsylvania, 17090. 3. Plaintiff and Defendant have been a bonafide resident of the Commonwealth of Pennsylvania for a least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 27, 1998. 5. There is one prior action of divorce in Perry County, Pennsylvania, between the parties. The docket number for this action is 2003-59. This action was discontinued by agreement and consequently Order of Court. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers the grounds for divorce: a. Plaintiff avers that the marriage is irretrievably broken; and in the alternative, b. Plaintiff avers that the parties have lived separate and apart for a period of two (2) years; and in the alternative, c. Plaintiff avers that she is entitled to the divorce on the ground that Defendant has offered such indignities to the person of the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff prays for divorce from the bonds of matrimony existing between Plaintiff and Defendant, under Section 3301(a),(c) or (d) of the Divorce Code. WHEREFORE, Plaintiff prays that a Decree in Divorce be entered. COUNT II EQUITABLE DISTRIBUTION 9. Paragraphs 1 through.8 above are incorporated herein by reference as though set forth in full. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property and debt, both real and personal, which are subject to equitable distribution under Section 3502 of the Divorce Code. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debt. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and debt, and to enjoin the Defendant from transferring, encumbering, concealing, selling, removing, disposing or alienating any property owned by Plaintiff and Defendant individu- ally, in co-ownership, or in any other person's name until further Order of Court, except by Agreement of the parties. COUNT III SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES AND COSTS 12. Paragraphs 1 through 11 are incorporated herein by reference as though set forth in full. 13. Plaintiff anticipates that Defendant will enter a defense to one or more of the causes of action set forth herein and such will result in Plaintiff being put to considerable expense in the preparation of her causes of action, employment of counsel and payment of costs. 14. Plaintiff is without sufficient funds to support herself and at the same time meet the costs and expenses of the anticipated litigation. 15. Plaintiff lacks access to sufficient property to provide for her reasonable needs and the needs to which she has become accustomed as the spouse of the Defendant. 16. Although Plaintiff is presently employed, she is unable to obtain sufficient funds to pay all the marital debts and to support herself through appropriate employment and continue to be maintained in the station of life to which she has become accustomed as the spouse of the Defendant. WHEREFORE, Plaintiff requests Your Honorable Court to enter an award of spousal support or alimony pendente lite, alimony, counsel fees, and costs in favor of Plaintiff and against Defendant in such amount as is deemed just and equitable. WHEREFORE, Plaintiff, ROBIN RONEMUS-SHULER, prays this Court: a. As to Count I, to enter a Decree in Divorce; and b. As to Count II, to equitably divide all marital property and debt, and to enjoin the Defendant from transferring, encumbering, concealing, selling, removing, disposing or alienating any property owned by Plaintiff and Defendant individually, in co-ownership, or in any other person's name until further Order of Court, except by Agreement of the Parties; and As to Count III, to enter an award of spousal support or alimony pendente lite, VERIFICATION I, Robin Ronemus-Shuler, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. VJ D /'/ i Date: Ro I N Nj r\. 1. r-_a L i) rlo ROBIN RONEMUS-SHULER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA, V. : CIVIL ACTION -LAW HARVEY SHULER, III, No. ms's- 5"/ a Y OF 2005 Defendant IN DIVORCE PETITION FOR TEMPORARY RELIEF TO THE HONORABLE, JUDGE KEVIN A. HESS: NOW COMES, Plaintiff, Robin Ronemus-Shuler, who files her Petition for Temporary Relief by her Attorney, Shaubut C. Walz, III, and avers: 1. Petitioner is Robin Ronemus-Shuler, of 4 Central Blvd., Camp Hill, Cumberland County, Pennsylvania. 2. Respondent is Harvey Shuler, III, of 510 Shuler Road, Shermans Dale, Perry County, Pennsylvania. 3. Petitioner filed for divorce in the Court of Common Pleas of Cumberland County, Pennsylvania to the above number and term. 4. Respondent had previously filed a Custody Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania on approximately May 10, 2005. 5. A hearing was scheduled by the Honorable Judge Kevin A. Hess for September 7, 2005 at 3:00 P.M. to hear testimony on the issue as to whether the cost of the custody evaluation desired by Respondent, Harvey Shuler, III, should be advanced from a marital asset referred to as the "Morgan-Stanley Account". Respondent's attorney, P. Richard Wagner, requested a continuance from September 7, 2005 to a future date because of his otherwise booked schedule, to which Petitioner's attorney agreed. The continuance was granted by your Honorable Court. 6. Petitioner also needs to address emergency financial matters before this Honorable Court, which can not wait until the Divorce Master can address financial matters in their entirety between the couple. 7. Accordingly Petitioner suggests combining all financial matters immediately in issue to be heard at one time, including the financial matter raised by Respondent, Harvey Shuler,III, regarding the source of money for the Custody Evaluation. 8. Petitioner and Respondent acquired certain marital and non-marital assets including rental real estate, vehicles, and investments. 9. Marital and non-marital real estate consist of: a. A house at 545 Shuler Road, Shermans Dale, Perry County, Pennsylvania. This property was occupied by Harvey Shuler, III, until he vacated it to live with his sister in Carlisle, Pennsylvania. It is unoccupied but could be rented to produce income for payment of the mortgage against it. It is now vacant and rentable. b. There is a separate trailer at 545 Shuler Road, Shermans Dale, Pennsylvania, rented out to a third party which trailer rests on the land containing the above described house. There is monthly rent of $475.00 a month from the tenant in that separate trailer. c. Another parcel of real estate consisting of two rental properties: one numbered as 503 Shuler Road, Shermans Dale, Perry County, Pennsylvania, with rent at $285.00 a month, and the other numbered as 510 Shuler Road, Shermans Dale, Perry County, Pennsylvania, which was occupied by tenants who paid rent in the amount of $775.00 per month. This property now is occupied by Harvey Shuler which destroys the capability of the parties receiving rent of $775.00 a month even though the marital home at 545 Shuler Road is available for Harvey Shuler to use as a home during the litigation; d. A parcel of real estate, which was inherited by Robin Ronemus-Shuler from her grandfather, in which Robin and her daughter reside, located at 4 Central Blvd., Camp Hill, Pennsylvania. This is a non-marital asset in Robin's name. Petitioner's position is that Husband's claim to this real estate is marital only in that he may be entitled to the increase in value of the property over the course of the marriage. e. There also are the investments amounting to approximately $400,000 held by Morgan Stanley Investment Co. consisting of stocks, mutual funds, and bonds, all of which were either gifts to Robin/Wife from her Grandfather during his lifetime or were inherited solely by Wife upon her family member's death, which occurred prior to her marriage to Harvey Shuler, III. For the last sixteen years, and during the course of the marriage Robin/Wife was the person who mostly handled these investments even though she added Husband's name to the Morgan Stanley Account during the marriage. Both Husband and Wife have asked Morgan Stanley to refrain from liquidation of any of these assets and Morgan Stanley has so far observed that request by both parties. 10. During the first separation of the couple, Husband had incurred approximately $143,000.00 in unsecured personal debt in his own name. During the recent separation, Husband filed for bankruptcy and all said debt was discharged as to him. 11. Wife did not participate in the bankruptcy except that she attended the creditors meeting in which she heard husband claim that the Morgan Stanley Investments were inherited by his Wife; and that Husband gave the rents that he collected from the rental properties to his sister to hold. 12. Robin/Wife/Petitioner has the responsibility of paying the mortgage that she took against her non-marital house (in order to pay marital bills), which mortgage is approximately $50,000.00 in solely in her name.) and of paying the other mortgages against the couple's real estate investments along with the payment of the insurance premiums and real estate taxes of both marital assets and the non- marital home subject to the marital claim for increase in value referred to above; but Wife/Robin/Petitioner has no access to any marital assets (particularly the rental income and potential rental income) in order to pay for the mortgages, real estate taxes and insurances, and other marital debt. 13. Husband has not agreed to turn over any rental income that he has collected toward the marital debts; and /or Petitioner is not aware that Husband has paid any marital debts. Petitioner/Wife estimates rents that Husband/Respondent collected in the past couple of months to be in the amount of approximately $4,000. 14. Wife was able to intercept one rental check which she still retains and seeks authority to use the same for payment of approved marital debts. Her interception of this check was only because the tenant chose to give the check to Robin, but payable to both parties. Wife attempted to obtain Husband's signature on the check in the summer in order to pay marital debts but Husband refused to sign the same, being then involved in the Bankruptcy proceeding. 15. All other rental checks have been secured by Husband these past months of separation and are unaccounted for during the course of litigation of the parties. 16. There are real estate taxes to pay on the real estate investments and both houses in which the parties dwell, and repairs to make on the rental properties, and mortgages to pay to save the properties from foreclosure and forced sales during the litigation. 17. As a result of the bankruptcy proceeding filed only by Husband, Husband is free of personal debt and earns income substantially over Wife's income. 18. The property that Husband moved into in August, 2005 has no mortgage against it, so Husband is freed from that responsibility also. 19. The property that Wife is residing in has a mortgage (credit line) of $50,000 that Wife had to take in order to survive while Husband was not able to make any income when he was using cocaine for which Husband was hospitalized for treatment to overcome his drug addition. 20. Wife/Robin/Petitioner avers that the tenants at 510 Shuler Road, Shermans Dale, Pennsylvania, who formerly paid $775.00 a month rent left the property because Husband's behavior was so erratic with his rent-collection process that he frightened them away. 21. Rental income that can still be collected are as follows: From 555 Shuler Road: $475; from 503 Shuler Road: $285; Potential rental from 510 Shuler Road which Husband has now occupied but was formerly a rental property yielding $775.00 a month; and/or potential rental income of 545 Shuler Road wherein Husband had resided during a portion of the separation of the couple and where Husband maintained his previous business. 22. Mortgages that need to be paid are as follows: a. 545-555 Shuler Road, Shermans Dale, Pa. This property is subject to two mortgages: first, to Citi Mortgage Co for $60,000. and second to Members First for $10,000 with monthly payments being $813.00 and $586.00 respectively. The second mortgage had been used for partial purchase price of the 1999 Ford Expedition which is a marital asset, but used during separation only by Husband. The real estate and mortgages are both in joint names and these debts were excluded from Husband's bankruptcy. b. 503-510 Shuler Road, Shermans Dale, Pennsylvania, This property is unencumbered. It is in joint names of the couple. This property has a capability of earning income of $285.00 and $775.00, or a total of $1060. Husband is currently residing in 510 Shuler Road, but it is averred that Husband could easily move back into the former marital home which is less easily rentable than the property that he recently moved into. c. 4 Central Blvd., Camp Hill, Pennsylvania inherited by Wife and Wife is sole owner. Wife resides in same with the couple's child. Wife secured a line of credit for $50,000.00 that is in her name but the funds were used for marital debt payments. Husband stayed in this property during his professed "reconciliation" for approximately six and one half months. Wife's monthly payment is approximately $480.00 a month payable to Commerce Bank 23. Petitioner, Robin Shuler, has accumulated a large bill for legal fees rendered on her behalf by Walz & Walz, Attorneys at Law, P.C. and foresees more legal fees due in the future. Yet Petitioner has no access to any of the marital assets in order to pay her long overdue legal fees and to retain her counsel for the foreseeable future of litigation with her husband. WHEREFORE, Petitioner prays for the following: 1. That this Honorable Court deny to Harvey Shuler his request that the Morgan Stanley funds be used to advance a custody evaluation, in that Mr. Shuler has sufficient funds from his current income and no unusual expenses to pay from his current income, being freed from unsecured debt as a result of his bankruptcy. 2. That this Honorable Court give to Mrs. Shuler the authority to collect all rents from the tenants of the couple during the litigation and use the same for the payment of the mortgages as set forth in this Petition, and that she submit copies of the rent receipts and disbursement checks to both her attorney, who will forward the same to Harvey Shuler's attorney every other month. 3. That Harvey Shuler be required to turn over to Petitioner all the rents that he collected in the approximate amount of $4000.00, except where Mr. Shuler has proven by check or receipt or other written proof that he used the same for payment of marital debts. 4. That Harvey Shuler be required to assume full responsibility for the payment of the second mortgage in the amount of $10,000 that was used to finance the truck that only Mr. Shuler is using during the separation; and that if Mr. Shuler used any of the rents to pay this particular mortgage, that he be required to turn over the rents that he used, so that Mrs. Shuler can pay for all the marital debt that was incurred for assets that are jointly used by the couple. 5. That the Morgan Stanley Account be reopened for only Mrs. Shuler to access, but solely for the payment of marital debt, mortgages, insurance, real estate taxes, and legal fees of Mrs. Shuler, as well as expenses of the rental properties. 6. That Mr. Shuler be ordered to move out of the property in which he has now moved which is much more easily rentable and be allowed to move in the house that was once the marital home, which contains white carpeting, a swimming pool, all of which is not the usual rental type property. 7. That Mrs. Shuler be allowed to rent the property that the couple used to rent for $775.00 and that she be authorized to make any repairs necessary for the rental to be reinstated as a rental property out of the rents, and/or Morgan Stanley account. 8. That this Honorable Court issue any further order that is found to be necessary to preserve the assets of the couple until the matter can come to the Divorce Master. Respectfully submitted, 'j? Shaubut C. Walz, III Attorney I. D. Number 15277 341 Market Street Newport, Pa. 17074 Phone: 717-567-6993 VERIFICATION I, Robin Ronemus-Shuler, verify that the statements made in this Petition for Temporary Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Ro ' Ronemus-Shuler -n C ROBIN RONEMUS-SHULER, I %H E COURT OF COMMON PLEAS OF Plaintiff BERLAND COUNTY PENNSYLVANIA, V. HARVEY SHULER, 111, Defendant CIVIL ACTION --LAW No. of 2005 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the 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, 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17103 (717) 249-3166 ROBIN RONEMUS-SHULER, V. HARVEY SHULER, III, 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, Plaintiff CIVIL ACTION --LAW No. of 2005 / Lt IN DIVORCE Defendant NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, 1 Courthouse Square, Carlisle, PA 17013. ROBIN RONEMUS-SHULER, V. HARVEY SHULER, III, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION --LAW No. of 2005 - s''f a IN DIVORCE COMPLAINT UNDER SECTION 3301 a c or 3301(d) OF THE DIVORCE CODE. COUNT I 1. The Plaintiff is ROBIN RONEMUS-SHULER, who currently resides at 4 Central Blvd., Camp Hill, Cumberland County, Pennsylvania, since approximately March 2003. 2. The Defendant is HARVEY SHULER, III, who is currently believed to be residing at 510 Shuler Road, Sherman Dale, Perry County, Pennsylvania, 17090. 3. Plaintiff and Defendant have been a bonafide resident of the Commonwealth of Pennsylvania for a least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 27, 1998. 5. There is one prior action of divorce in Perry County, Pennsylvania, between the parties. The docket number for this action is 2003-59. This action was discontinued by agreement and consequently Order of Court. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers the grounds for divorce: a. Plaintiff avers that the marriage is irretrievably broken; and in the alternative, b. Plaintiff avers that the parties have lived separate and apart for a period of two (2) years; and in the alternative, c. Plaintiff avers that she is entitled to the divorce on the ground that Defendant has offered such indignities to the person of the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff prays for divorce from the bonds of matrimony existing between Plaintiff and Defendant, under Section 3301(a),(c) or (d) of the Divorce Code. WHEREFORE, Plaintiff prays that a Decree in Divorce be entered. COUNT II EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 above are incorporated herein by reference as though set forth in full. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property and debt, both real and personal, which are subject to equitable distribution under Section 3502 of the Divorce Code. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debt. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and debt, and to enjoin the Defendant from transferring, encumbering, concealing, selling, removing, disposing or alienating any property owned by Plaintiff and Defendant individu- ally, in co-ownership, or in any other person's name until further Order of Court, except by Agreement of the parties. COUNT III SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES AND COSTS 12. Paragraphs 1 through 11 are incorporated herein by reference as though set forth in full. 13. Plaintiff anticipates that Defendant will enter a defense to one or more of the causes of action set forth herein and such will result in Plaintiff being put to considerable expense in the preparation of her causes of action, employment of counsel and payment of costs. 14. Plaintiff is without sufficient funds to support herself and at the same time meet the costs and expenses of the anticipated litigation. 15. Plaintiff lacks access to sufficient property to provide for her reasonable needs and the needs to which she has become accustomed as the spouse of the Defendant. 16. Although Plaintiff is presently employed, she is unable to obtain sufficient funds to pay all the marital debts and to support herself through appropriate employment and continue to be maintained in the station of life to which she has become accustomed as the spouse of the Defendant. WHEREFORE, Plaintiff requests Your Honorable Court to enter an award of spousal support or alimony pendente lite, alimony, counsel fees, and costs in favor of Plaintiff and against Defendant in such amount as is deemed just and equitable. WHEREFORE, Plaintiff, ROBIN RONEMUS-SHULER, prays this Court: a. As to Count 1, to enter a Decree in Divorce; and b. As to Count II, to equitably divide all marital property and debt, and to enjoin the Defendant from transferring, encumbering, concealing, selling, removing, disposing or alienating any property owned by Plaintiff and Defendant individually, in co-ownership, or in any other person's name until further Order of Court, except by Agreement of the Parties; and c. As to Count III, to enter an award of spousal support or alimony pendente lite, alimony, counsel fees and costs in favor of Plaintiff and against Defendant in such amount as is deemed just and equitable; and d. To grant such further relief as the Court may deem equitable and just. Respectfully submitted, Walz & Walz, Attorneys at Law, P.C. Shaubut C. Walz, III -?- -/? Attorney I.D. 15277 341 Market Street Newport PA 17074 (717) 567-6993 ATTORNEY FOR PLAINTIFF VERIFICATION I, Robin Ronemus-Shuler, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 4 3 / ?y ROBIN RONEMUS-SHULER, Plaintiff V HARVEY SHULER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-5424 CIVIL TERM IN DIVORCE HARVEY MONROE SHULER,III, Plaintiff V ROBIN N. RONEMUS-SHULER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2983 CIVIL TERM IN CUSTODY IN RE: CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 18th day of November, 2005, in accordance with the agreement of the parties, as announced in open court and in their presence, the following order of court is entered: Primary physical custody of the parties' daughter, Heather, born September 25, 1998, shall be vested in mother subject to periods of partial custody in father as follows: 1. Commencing Saturday, November 19, and Sunday, November 20, 2005, for a period of two hours each day, from 9:30 a.m. until 11:30 a.m. 2. On Saturday, November 26, and Sunday, November 27, 2005, for a period of four hours each day, from 9:30 a.m. until 1:30 p.m. 3. On Saturday, December 3, and Sunday, December 4, 2005, for a period of six hours each day, from 9:00 a.m. until 3:00 p.m., and continuing each week thereafter until such time as the custody evaluator or the parties or through court order extends the period of time to overnight. ? f 3 .. ?. ?__ r ?.?lln I IY'? _ ?? .JV J.. I'? 5424-2005 & 2983-2005 CIVIL TERM As it relates specifically to Saturday, December 3, 2005, since Mrs. Shuler has purchased tickets for the Nutcracker, the anticipated time on the 3rd of December will be 9:00 a.m. until noon, however, that might be earlier so that mom has the opportunity to take the child to a Brownie program before the Nutcracker. Whatever difference there is in the six hours, it will be made up on Sunday, December 4, 2005. Pickup and delivery is to made at the McDonald's on the Carlisle Pike near K-Mart. On all occasions, Harvey Shuler will be accompanied by his sister, whose full name is Michelle Swartz. For the first four visits they will also include Mr. Shuler's children to his prior marriage. The idea is to reunite them and at the same time give some degree of comfort level to the reintroduction by Heather to Dad. The parties agree that they will, in order to implement the court's directive, by an order of August 25, 2005, will submit themselves and the minor child to an independent custody evaluation to be performed by Dr. Schneider. The cost for the evaluation by Dr. Schneider shall be paid from a joint account that the parties maintain with Morgan Stanley. The parties will execute whatever documents are necessary to comply with the court order, but no other proceeds except what is necessary to pay Dr. Schneider and/or Guidance Associates will be removed from that account without written consent of both parties or further court order. The payment of the Guidance Associates fees will be an issue to be addressed in the divorce proceeding so that the wife has the opportunity to ask for a reclaiming of any or all of that fee payment from that account. 5424-2005 & 2983-2005 CIVIL TERM By the Court, P. Richard Wagner, Esquire For Harvey Shuler Shaubut C. Walz, III, Esquire Judith T. Walz, Esquire For Robin N. Ronemus-Shuler :bg jw I ROBIN RONEMUS-SHULER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA, V. CIVIL ACTION - LAW HARVEY SHULER, III, No. 05- St/'?Y Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND Tana A. Zang, Legal Assistant for Walz & Walz, Attorney for Robin Ronemus-Shuler, being duly swom according to law, deposes and says that she mailed a true and correct copy of the Complaint in Divorce in the above-captioned action to the Defendant at his address: 510 Shuler Road, Shermansdale, Pennsylvania 17090 by First Class Regular U.S.A. Mail, postage prepaid, and by Certified Mail No. 7002 3150 0005 2981 5149, Return Receipt Requested, on October 20, 2005 and was received by Defendant on October 24, 2005. Tana A. Zang Legal Assistant for Walz & Walz, Attorneys at Law, P.C. Attorney for Plaintiff 341 Market Street Newport, Pennsylvania 17074 (717) 567-6993 Sworn to and subscribed before me this 31 day of October, 2005. Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Judith T. Walz, Notary Public Newport Boro, Perry County My Commission Expires Aup.11, 2009 t A I l? ea 0-' is m S16HANS BALE PA 11090 " o- - ru Postage $ Sd, dO _ Ln $2.30 Oark " M Candied Fee ` ar Return R t Fee 51.75 { " (Entldrsemarlt nt Req equired) t f: ° Restricted Delivery Fee u1 (Entlorsement Required) r-ZI $ 58.15 \1llT)I?-5 *. M Total Postage aFees ru ------ ° sent To -? - - ° O rt/ CUY ?'- It Sfree( Apt Ab, ^ or P, sidle, zip, 'K ITTT IFacl`;????.?.• ¦ 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 permits. 1. Article Addressed to: Harvey?' OILY-, ll+ 510 ?, YO&S 3-ac o , A (moo A. Signature _z .I, i .? Agent disease me) C. 04e of Dell ry , I A-1 t/.7 •. D. i! deliladdress different from Rem 1? ? Yes " i' YES, enter delivery address below: 0 No 3. Se Ice Type ' CertZ MQ 0 Express Mail 0 Registered 0 Return Receipt for Merchandlse 0 Insured. Mail 0 C.O.D. 2- ArticieNumber : 7002 3150 0005 2981 5149 (rwzsfe fro service labeo PS Form 3811' August 2001 Domestic Return Receipts ! !. S. r i ` S t { t i f tozssso2-rt•isao i ?_? ? ? +7 ''1 o? a G..- -;_? {" f:, - ?y . f-, -? ?V N ?. a'• 'I?1 6A, OCT 1 9 1Uu? ROBIN RONEMUS-SHULER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY V. : PENNSYLVANIA, : CIVIL ACTION -LAW HARVEY SHULER, HI, : NO. OF 2005 - Defendant : IN DIVORCE ORDER AND NOW, on this ,,?3 day of 20oCupon review of the within Petition, the request for Temporary Relief is granted. Said hearing is scheduled for JM the l U day of 200&0 at 0 o'clock _=p_ M. in Courtroom No. --S at the Cumberland County Courthouse. BY THE COURT: N -A,,- S-?kA I V - . ,?j . I I: ??? Bali ? f+J ° r r ,.. iu _,. ' . ROBIN RONEMUS-SHULER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-5424 CIVIL HARVEY SHULER, III, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 10th day of February, 2006, after conference with counsel and after reviewing the petition for special relief we enter the following order which is meant to be temporary in nature and not meant to express any opinion on what is or is not marital property or on which party should get what portion of any of the property herein divided. Those matters shall be left to the Master and neither party is waiving any substantive rights to make any arguments whatsoever with regard to the property being herein distributed. With that proviso in mind, it is hereby ordered and directed as follows: 1. All rentals on the jointly owned property of the parties shall be collected by and paid to Michele Swartz. She shall use those rentals only to pay the mortgages, taxes, and insurance on the real estate owned jointly by the parties and the existing mortgage on the Camp Hill property owned in Wife's individual name. Husband and/or Michele Swartz shall provide an accounting to wife's attorneys for all rents collected from date of separation until today's date. Said accounting to be provided within 20 days. Wife's attorneys may also examine any records of Husband's or Michele Swartz's kept in connection with the collection of said rents and payments of said expenses. Further, a quarterly accounting of all future rents collected and bills paid shall be made to both Husband and Wife's attorneys. 2. $10,000 from the Morgan Stanley account shall be advanced to the firm of Wale and Walz to be used towards Wife's counsel fees in these proceedings. 3. $5,000 from the Morgan Stanley account shall be advanced to Richard Wagner, Esquire, to be used towards Husband's counsel fees in connection with these matters. 4. To the extent that the rental income is insufficient to cover the taxes, insurance, and mortgage payments due on the real estate at issue, semiannual withdrawals from the Morgan Stanley account are authorized to cover the shortfalls. Those payments shall be made to the law firm of Wale and Walz as escrow agents by Morgan Stanley upon request by Walz and Walz. Those payments may be made in April and August of each year. An accounting shall be provided by Walz and Walz to the client and to Mr. Wagner within 30 days o By r Shaubut C. Walz, III, Esquire Judith T. Walz, Esquire For Robin N. Ronemus-Shuler P. Richard Wagner, Esquire For Harvey Shuler of the distribution. )- 15_- e6 0--Cr 2,j ?S mlc ROBIN RONEMUS-SHULER, Plaintiff V. HARVEY SHULER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION - LAW NO. 05-5424 IN DIVORCE MOTION FOR THE APPOINTMENT OF MASTER AND NOW, March 22, 2006, comes the undersigned Attorney of the Plaintiff and certifies to the Court that the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Covet for the appointment of a Master. Discovery is complete as to the claim(s) for which the appointment of a master is requested. The Defendant has appeared in the action with his attorney, P. Richard Wagner, Esquire. P. Richard Wagner, Esquire has entered his appearance on behalf of the Defendant. The Statutory ground for divorce is irreconcilable differences (3301 (0). The divorce action is not contested; however there are equitable distribution matters that are contested. The action does not involve complex issues of law or fact. The hearing is expected to take four (4) hours. Respectfully Submitted, WALLZ & WALZ, Attorneys at Law, P.C. `??LZL Date:-- 61 j Judith T. Walz i'Attorney ID No. 06349 341 Market Street Newport, Pennsylvania 17074 Attorneys for Plaintiff C?: no [' c,? '? _ -T1 ?\l r? ,! K "' -i ?, ?\i ? ROBIN RONEMUS-SHULER, Plaintiff V. HARVEY SHULER,III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION - LAW NO. 05-5424 IN DIVORCE ORDER /A?ND?NOO'W, this day?of 2006, l /(6'?? ??dr? 1< is hereby appointed Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. By the urt: J. MOVING PARTY RAin Ronemus-Shuler udith T. Walz, Esquire 341 Market Street Newport, PA 17074 (717) 567-6993 n? NON-MOVING PARTY ,Orvey Shuler, III Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 W ?v\f ^? C" fV ??.j V -' J ._ %. :?-.. i? 1 ' 'r ,. r_ ? - i.,_ ?' <:` P. Richard Wagner, Esquire I.D. # 23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 ROBIN RONEMUS-SHULER, Plaintiff, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO: 05-5424 CIVIL : IN DIVORCE HARVEY SHULER, III, Defendant. INVENTORY OF H_arvgy M. Shuler. III files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. 2233'North Front Street Harrisburg, PA 17110 (717) 234-7051 nt Attorney for Defend Date: t3 ASSETS AND LIABILITIES OF PARTIES Harvey M. Shuler. III marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (x) I. Real property and Real Estate Mortgages (x) 2. Motor vehicles and Vehicle Liens (x) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit (x) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates (x) 7. Contents of safe deposit boxes () 8. Trusts () 9. Life Insurance policies () 10. Annuities (x) 11. Gifts (x) 12. Inheritances O 13. Patents, copyrights, inventions, royalties (x) 14. Personal property outside the home (x) 15. Business () 16. Employment termination benefits-severance pay, worker's compensation () 17. Profit sharing plans () 18. Pension Plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits O 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (x) 26. Other assets (x) 27. Loans, Credit Cards and other Debts SECTION 1 MARITAL ASSETS AND DEBTS THE FOLLOWING IS A LISTING OF THE MARITAL ASSETS AND DEBTS OF THE PARTIES: INVENTORY #1 REAL ESTATE AND REAL ESTATE MORTGAGES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ITEM -01L ESTAU a Lots 18 & 19 (4 Car" 04 Camp HUI, PA) Value 06/26/06 285,000.00 40% 60% 1" Mortgage None 2n° Mortgage Net Equity Comments: Primary marital home at separation; herein containing all marital personal property as of 04/17/05. Deeded solely in wife's name. Husband is not agreeing that any liens or debts on this property are marital. Wife resides at this property. INVENTORY #1 REAL ESTATE AND REAL ESTATE MORTGAGES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR UABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ITEM - REAL ESTATE #Z Lots 10 8 11 Oakwood Park, Camp Hill, PA Value 06/26/06 30,000.00 90,000.00 50°x6 Equity 50% Equity 15'Mortgage None 2' Mortgage Net Equity Comments: Building lots deeded sol ly in Wife's name. INVENTORY #1 REAL ESTAI E AND REAL ESTATE MORTGAGES DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE IT#M - VAAL WrAla #3 555 & 54 5 Shuler Road, Sh ansdale, PA Value 02/26/06 165,000.00 1" Mortgage 06126/06 60,571.00 2nd Mortgage 06/26/06 2,510.31 Net Equity Comments: Husband owned this land and home prior to marriage. He also was given the land on which the home and business location are, by his father through love and affection for the sum of $1.00. Property is deeded in Husband and Wife's name after marriage at Wife's demand. Husband wishes to retain this property. INVENTORY #1 REAL ESTATE AND REAL ESTATE MORTGAGES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ffw - *AL E$ws # 51o & 50 Shuw Road, Shermarrsdab; PA Value 06/26/06 145,000.00 145,000.00 50% 50% 1" Mortgage None 2n° Mortgage Net Equity Comments: Purchased this property as Husband and Wife with proceeds from marital Morgan Stanley account. Deeded in Husband and Wife's names. Husband resides at this property. Husband wishes to retain this property. INVENTORY #1 REAL ESTATE AND REAL ESTATE MORTGAGES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF i SET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ff= - # AL WTA" IM5"996 Farwell, Renovo, PA Value - 06/26/06 15, 00.00 15,000.00 50% 50°k -tMortgage Fl 2nd Mortgage Net Equity Comments: Husband used cash proceeds from his business to purchase this hunting cabin. Wife cannot show income but claims to have purchased it for Husband. Deeded in Husband and Wife's name. Husband wishes to retain this property. INVENTORY #2 MOTOR VEHICLE AND VEHICLE LIENS DESCRIPTION OF PROPERTY OR LIABILnY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO YYIFE '1"I 1999 Fore! Ev"Ition Husband & Wife's 06/26/06 5,500.00 Kelly Blue Book Vehicle Loan 2,510.31 Members First Net Value 2,989.69 50% 50% Comments: Eddie Bauer edition, 90 k miles, titled jointly LE'tl* ION Subaru CL 4 X' Wife's Vehicle Loan Net Value 1250.00 50% 50% Comments: Titled in Wife's name. INVENTORY #2 MOTOR VEHICLE AND VEHICLE LIENS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LI ILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE C*WNf:1.li* 93) 1973 ABInm 2902 Wife's 06/26/06 Vehicle Loan Net Value 3,500.00 50% Comments: Collector car. Substa name. tial labor to customize from Husband. Titled in Wife's INVENTORY #3 & #4 STOCKS, SECURITIES, INVESTMENTS & CERTIFICATES OF DEPOSIT DESCRIPTION OF PROPERTY OR LtAS1LnY DATE OF VALUE VA?LLUE OF ASSET OR LIJJ??BBILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE 06/26/06 400,000.00 400,000.00 50% 50% [Comments: Marital joint tenant with rights of survivorship. See attached account registry. INVENTORY #5 $ #6 CASH, CHECKING ACCOUNTS AND SAVINGS ACCO NTS DESCRIPTION OF DATE OF V UE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ET OR DISTRIBUTION DISTRIBUTION LIABILITY LI IUTY TO HUSBAND TO WIFE C01p?lC+i $MMIC 04/17/05 3,400.00 3,400.00 50% 50°k Comments: Marital joint account at separation. Wife withdrew all funds and cancelled/closed account number. INVENTORY #7 CONTENTS OIL SAFETY DEPOSIT BOXES DESCRIPTION OF DATE OF V L UE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY L UTY TO HUSBAND TO WIFE ',. '.. 1 06/26/06 15,OW.00 15,000.00 What is Mine What is Hers Comments: Contents are Husband and Wife's jewelry. Some are gifts and some are inheritances. INVENTORY #8 TRUSTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE F V LI WE OF ET OR ILITY NET VALUE PROPOSED DISTRIBUTM TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NOW Comments: INVENTORY #9 LIFE INSURANCE POLICIES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE Comments: INVENTORY #10 ANNUITIES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WE '.. Nome Comments: INVENTORY #11 GIFTS (INCREASE IN VALUE ONLY) DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NOW T Comments: INVENTORY #12 INHER TANCE INCREASE IN VALUE ONLY DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE V LI WE OF ET OR LITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WE Comments: INVENTORY #13 PATENTS, COPYRIGHTS, INVENTIONS & ROYALTIES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NOW i Comments: INVENTORY #14 PERSONAL PROPERTY OUTSIDE HOME DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE 0UW" Co"W"ift of awwkw sn con" Bled CBW* HK PA 06/26/06 10,000.00 10,000.00 50% 50% Comments: Outside Contents of Marital Home INVENTORY #1S BUSINESSES DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE 06/26106 12,000.00 12,000.00 50% 50% Comments: 2 laptops, office furniture, fax machine, phones, software copiers, desk top computer, office supplies, etc. INVENTORY #16 EMP$ET MENT TERMINATION BENEFITS DESCRIPTION OF DATE OF E OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE OR DISTRIBUTION DISTRIBUTION LIABILITY LITY TO HUSBAND TO WIFE l Comments: INVENTORY #17 PROFIT SHARING PLANS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #18 & #19 PENSION AND RETIREMENT PLANS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE N Comments: INVENTORY #20 DISABILITY PAYMENTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VI1?UE OF AS ET OR LIABILITY NET VALUE PROPOSED D13TRMUTION TO HUSBAND PROPOSED DISTRIBUTION TO WE NONE T Comments: INVENTORY #24 DEBTS DUE PARTIES INCLUDING LOANS AND MORTGAGES HELD 1 106/26/061 1 12,624.66 1 100% 1 0% 1 Comments: INVENTORY #25 GOODS, FURNISHINGS, TOOLS, =FECTS. ETC. A l M ?s { ff rd. OMV f, PA) as of ftMW ki 0626/06 44,000.00 50% 50% INVENTORY #26 OTHE ASSETS Tvaseor aa6?if 106/26/06 1,200.00 50% 50% Comments: INVENTORY #27 LOANt. CREDIT CARDS AND OTHER DEBTS Comments: NOTES: The adjustment figures are r illustration purposes only and are not to be deemed a representation on the part of the Plaintiff/Defendant as to whether an adjustment should be made or the amount of the adjustment, if appropriate. 1 I . SECTION If. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY THE FOLLOWING IS A LISTING OF THE HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY OF THE PARTIES: (Note: Exclusion from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person). HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR EXCLUSION IF CLAIMED TO BE NOWMARITAL METHOD OF VALUATION AND SUPPORTING DOCUMENTATIO N COMMENTS: r COMMENTS: ITEM COMMENTS: `tilts COMMENTS: I'T'EM COMMENTS: SECTION III. NON-MARITAL ASSETS AND DEBTS THE FOLLOWING IS A LISTING OF THE NON-MARITAL ASSETS AND DEBTS OF THE PARTIES: (Note: Exclusion from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person). NON-MARITAL PROPERTY AND DEBTS DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR EXCLUSION IF CLAIMED TO BE NOWMARITAL METHOD OF VALUATION AND SUPPORTING DOCUMENTATIO N ?M COMMENTS: ITi?AA COMMENTS: ITEM COMMENTS: IT1w COMMENTS: IT101111 COMMENTS: a . I I . SECTION IV. PROPERTY TRANSFERRED The following is a listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the data of separation: IDESCRIPPON TRANSFER CONSIDERATION TRANSFEREE COMMENTS PROPERTY DATE MIN COMMENTS: ff€N COMMENTS: IT" COMMENTS: tTEiM COMMENTS: VERIFICATION Defendant verges that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Judith T. Walz, Esquire Walz & Walz 341 Market Street Newport, PA 17074 By Debra K. Spinner, S retary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendant Date: 7?/9/OG 7? r^ r? V1 ROBIN RONEMUS-SHULER, Plaintiff, V. HARVEY SHULER, IIII, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-5424 CIVIL CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT SUBMITTED BY: Full Name of Plaintiff: Harvey M. Shuler III Age: 42 Present Address: 510 Shuler Road Telephone No. 717-443-5441 Shermansdale. PA 17090 Status of Plaintiffs Health (Be Specific) Name and Address of Plaintiff's Employer: Length of Service With This Employer: Carlisle Carrier Corporation 6380 Brackbill Blvd. Mechanicsburg. PA 17055 Since October 2004 Gross Earned Income 793.00 3436.33 41,236.00 Gross Unearned Income Under Litigation 1550.00 rents 18,600.00 Total Gross Income 793.00 3436.33 41,236.00 Deductions: Federal 51.73 224.16 2,689.96 State Inc. Tax 23.85 103.35 1,240.20 F.I.C.A. 59.44 257.57 3,090.88 Hosp/Med.Ins. 16.06 69.59 835.12 Local 13.14 56.94 683.28 mom Dividends Under Litigation Frozen Reinvested Rent 1,550.00 18,600.00 Royalties Expense Account Gifts Unemployment Compensation: Current Expenses: Home: Mortgage Under Litigation 813.20 9,758.40 Maintenance (gas) 15.00 Utilities: Electric 50.00 Under Litigation 16.96 216.66 2,600.00 Personal Gas Oil Telephone (Home and Cell) 23.77 1,236.04 Water Sewer Employment: Public Transportation Lunch 50.00 216.66 2,600.00 Taxes: Real Estate Under Litigation Under Litigation 5,178.56 (Unpaid 2005) 1,339.29 (Spring 2006) Y Income 793.00 Insurance Home Owners Under Litigation 2,599.50 Automobile Under Litigation 89.00 1,068.00 Life Accident Health 16.06 Other Automobile: Payment Under Litigation 585.24 Fuel 125.00 Repairs 10.00 Medical: Doctor 1.75 7.50 Deductible 90.00 Dentist 2.40 10.42 Deductible 125.00 Orthodontist Hospital Special Needs (Glasses, Braces) Education: Private School Parochial School College Religious Personal: Clothing 10.00 43.33 520.00 Food 75.00 325.00 3,900.00 Y Credit Pa ments Credit Cards Cha a Accounts Memberships Loans Credit Union line of credit Miscellaneous Household hel Child Care Papers/Books/Magazine s Entertainment Pa TV Vacation Gifts Legal Fees (2003 & 2004) 2,500.00 (2005) 2,000.00 (2006) 5,000.00 Charitable Contributions Other Child Su ort 100.00 (1" wife) 433.33 5,200.00 Alimony Payments 99.93 (2'd wife 433.03 5,196.36 w/ alimony) _j TOTAL EXPENSES: $ 729.47 I $ 3,161.04 $ 37, 932.44 Plaintiff's Current Income: SEE ATTACHED Gross Earned Income 793.00 3,436.33 41,236.00 Gross Uneamed Income 1,550.00 Total Gross Income 793.00 3,436.33 41,236.00 Deductions Federal 51.73 State Income Tax 23.85 F.I.C.A. 59.44 Hosp/Medical Insurance 16.06 Living Expenses 363.22 Child Support #1 Child Support/Alimony #2 100.00 99.93 Otherlocaltaxes 13.14 Total Deductions 727.47 3,152.37 37,828.44 Other income: Interest Dividends Pension If Plaintiff is not Employed, explain fully: Plaintiffs Education, Training and Skills: High school graduate; U.S. Navy (6 years); PA State Inspection License, Class A CDL VERIFICATION Plaintiff verifies that the statements made in this foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Judith T. Walt, Esquire Walz & Walz 341 Market Street Newport, PA 17074 By X&/, -'e c yryr?.?/ Debra K. Spinner, Secrdtary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendant Date: 7 Y 0? I ROBIN RONEMUS-SHULER, Plaintiff V. HARVEY SHULER, III, HARVEY SHULER, III, Defendant Plaintiff V. ROBIN RONEMUS-SHULER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION - LAW No. 05-5424 IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, CIVIL ACTION - LAW No. 05-2983 IN CUSTODY PETITION FOR RULE TO SHOW CAUSE WHY CURRENT COUNSEL FOR ROBIN RONEMUS-SHULER CANNOT BE GRANTED LEAVE TO WITHDRAW AS COUNSEL NOW, this day of August, 2006, comes Counsel for Robin Ronemus-Shuler, namely, Judith T. Walz and requests leave to withdraw as legal counsel for Robin Ronemus-Shuler, for the following reasons: The client calls to inquire about the status of her case after which she berates me, swears like a sailor with words that are offensive to me, such as f---- ing . 2. The client screams into my answering machine and at my employees and at me while using vulgar language, causing my secretary much distress. 3. My client is unwilling to follow my legal direction, but rather simply wants a mouthpiece as her attorney to address her ideas, whether they are lawful or not. 4. My client has questioned the intelligence of Perry County lawyers, me in particular, and has advised our office that she is ready to hire one Maria Cognetti in my stead. 5. Despite my patience with her and my willingness to forgive her behaviors in the past, I am no longer able to continue to do so and seek to be allowed to withdraw as my client's counsel. 6. I have discussed my intended request to withdraw with Harvey Shuler's Attorney, P. Richard Wagner, who has indicated that he will hold off for a short period before he acts upon issues so that the new attorney can be hired and become acquainted with the case. 7. I am also holding in an escrow account a sum of money by Court Order, which I would like to transfer either to P. Richard Wagner, Esquire who is the opposing counsel, The Bank of Landisburg or to Mrs. Shuler's next Attorney who she claimed she was hiring. 8. Counsel believes and therefore avers there is a complete and utter breakdown of attorney-client relationship between herself and the Mrs. Shuler, which will deprive Mrs. Shuler of effective representation throughout the remaining course of the upcoming proceedings. WHEREFORE, Counsel for Mrs. Shuler respectfully requests this Honorable Court for a Rule Upon Robin Ronemus-Shuler to Show Cause why Judith T. Walz and Walz & Walz, Attorneys at Law, P. C. should not be permitted to withdraw as counsel for her in her divorce and custody actions listed above. Res y submilte ith T. Walz w(\ Attorney ID 06349 Walz & Walz, Attorneys at Law, P.C. 341 Market Street Newport, PA 17074 717-567-6993 G S ?i y ? ? Q 3 ? Q ROBIN RONEMUS-SHULER, Plaintiff, V. HARVEY SHULER, III, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-5424 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW, comes your Petitioner, Harvey Shuler, III, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition For Contempt: 1. Your Petitioner, Harvey Shuler, III, hereinafter referred to as "Husband," is the Defendant in the above-captioned divorce matter. 2. The Respondent, Robin Ronemus-Shuler, hereinafter referred to as "Wife," is the Plaintiff in the above-captioned divorce matter. 3. On or about the 10' day of February, 2006, an Order was entered regarding certain issues concerning the divorce action, a copy of said Order is attached hereto, incorporated herein by reference, and marked as Exhibit A. 4. Pursuant to the Order of February 10, 2006, Respondent/Wife has failed to make payment from the Morgan Stanley Account as set forth in the Order. 5. Respondent/Wife has failed to pay the taxes, has used the money for her own personal bills that are non-marital, and has purposely failed to make payments consistent with the Order. 6. As a result of the aforementioned, Petitioner/Husband believes that the Respondent/Wife is in contempt of the Order. 7. Petitioner/Husband has incurred $1,500.00 in legal fees for preparation of the Petitions and for attendance at the anticipated hearings. 8. Petitioner/Husband requests the Court to find the Respondent/Wife in contempt and direct complete compliance with the Order in the future. WHEREFORE, Petitioner/Husband requests the Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner & Spreha Pc d W wire 3 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner/Husband Date: S/o -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 P&C.S.A. Section 4904, relating to unworn falsification to authorities. DATE: /,2 Lp ROBIN RONEMUS-,SHULER, .Plaintiff VS HARVEY SHULER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5424 CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 10th day of February, 2006, after conference with counsel and after reviewing the petition for special relief we enter the following order which is meant to be temporary in nature and not meant to express any opinion on what is or is not marital property or on which party should get what portion of any of the property herein divided. Those matters shall be left to the Master and neither party is waiving any substantive rights to make any arguments whatsoever with regard to the property being herein distributed. With that proviso in mind, it is hereby ordered and directed as follows: 1. All rentals on the jointly owned property of the parties shall be collected by and paid to Michele Swartz. She shall use those rentals only to pay the mortgages, taxes, and insurance on the real estate owned jointly by the parties and the existing mortgage on the Camp Hill property owned in Wife's individual name. Husband and/or Michele Swartz shall provide an accounting to Wife's attorneys for all rents collected from date of separation until today's date. Said accounting to be provided within 20 days. Wife's attorneys may also examine any records of Husband's or Michele Swartz's kept in connection with the collection of said rents and payments of said expenses. Further, a quarterly accounting of all future rents collected and bills paid shall be made to both Husband and Wife's attorneys. 2. $10,000 from the Morgan Stanley account shall be advanced to the firm of Walz and Walz to be used towards Wife's counsel fees in these proceedings. 3. $5,000 from the Morgan Stanley account shall be advanced to Richard Wagner, Esquire, to be used towards Husband's counsel fees in connection with these matters. 4. To the extent that the rental income is insufficient to cover the taxes, insurance, and mortgage payments due on the real estate at issue, semiannual withdrawals from the Morgan Stanley account are authorized to cover the shortfalls. Those payments shall be made to the law firm of Walz and Walz as escrow agents by Morgan Stanley upon request by Walz and Walz. Those payments may be made in April and August of each year. An accounting shall be provided by Walz and Walz to the client and to Mr. Wagner within 30 days of By t Court, Edward E. Guido, J. Shaubut C. Walz, III, Esquire Judith T. Walz, Esquire For Robin N. Ronemus-Shuler P. Richard Wagner, Esquire For Harvey Shuler :mlc of the distribution. .1 /5-- oG Co l? I MA COPY FROM RECORD in Thy whereof, t hers unto set "twotj - nd fro seal of said Couft V Care, ft. r M .?? C') O O Cm f T1 C i"1'i c. r O Co ? ROBIN RONEMUS-SHULER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. HARVEY SHULER, III, Defendant. NO: 05-5424 CIVIL TERM CIVIL ACTION -LAW : IN DIVORCE ORDER AND NOW, this a Io day of 2006, upon Petition of Harvey Shuler, III, a hearing is set for theday of 2006, at /1-'00 o'clock A m. in Courtroom No. 3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, for the Respondent, Robin Ronemus-Shuler, to show cause why, if any, she should not be held in contempt of court. BY TYE COURT: J. -a F :q r VWVAI! 5SNN3d cZ :01 WV 1 Z SAV 90oz ROBIN RONEMUS-SHULER, Plaintiff V. HARVEY SHULER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5424 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 8th day of September, 2006, upon consideration of the Defendant's Petition for Contempt, it is hereby ordered and directed as follows: 1. Wife shall sign the necessary documentation to have an additional $25,000.00 disbursed from the Morgan Stanley account to be placed into the escrow account created by and used for the purposes delineated in our order of February 10, 2006. Those documents shall be delivered to husband's counsel within that time frame. 2. The issue of whether funds from the escrow account were improperly used to pay wife's personal bills shall be reserved for resolution by the Master. 3. The issue of whether wife shall be adjudicated in contempt shall be continued generally. 00 ?Shaubut C. Walz, III, Esquire Judith T. Walz, Esquire For Robin N. Ronemus-Shuler /P. Richard Wagner, Esquire For Harvey Shuler srs to \3 0 oa. J Edward E. Guido, J. ?-. ` :-? __ ?f ?',i..=-? _. .. ... ROBIN RONEMUS-SHULER, Plaintiff, V. HARVEY SHULER, Ill, t... Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-5424 CIVIL : CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER HARVEY SHULER, III, Defendant, moves the Court to appoint a Master with respect to the following claims: () Divorce () Annulment ( Alimony () Alimony PendenteLite (&< Distribution of Property (? Support Counsel Fees ( K Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is required. (2) The Plaintiff has appeared in the action by her attorney, JUDITH T. WALZ, ESQUIRE. (3) The statutory ground(s) for divorce ( (are): 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): `4 The action is not contested. (b) An agreement has been reached with respect to the following claims: (5) The action (involves) (die-twt-irrva+ve) complex issues of law or fact. (6) The hearing is expected to take 1 (days). (7) Additional information, if any, relevant to the on: None. Date: a3$ !p agner, Esquire Attorney for Defendant ORDER APPOINTING MASTER AND NOW, , 2006, , Esquire, is appointed master with respect to the following claims: BY THE COURT: J. -? co a OCT O 5 ROBIN RONEMUS-SHULER, V. Plaintiff, HARVEY SHULER, III, 1... Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 05-5424 CIVIL : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER HARVEY SHULER, III, Defendant, moves the Court to appoint a Master with respect to the following claims: O Divorce Distribution of Property O Annulment O Support (-?r' Alimony Counsel Fees () Alimony PendenteLite ( Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is 2noEn,? ?1, required. (2) The Plaintiff has appeared in the action by her attorney, JUDITH T. WALZ, ESQUIRE. (3) The statutory ground(s) for divorce (i, (are): 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): `4 The action is not contested. (b) An agreement has been reached with respect to the following claims: ,p- (5) The action (ir4volves) (des-eet-??) complex issues of law or fact. (6) The hearing is expected to take 1 (days). (7) Additional information, if any, relevant to the on: None. Date: ?v18 fp agner, Esquire Attorney for Defendant ORDER APPOINTING MASTER AND NOW,() el,?t fd , 2006, ?r12!G? y Esquire, is appointed master with respect to the following claims: B CO 7 J. ?'' r? + 1. Y V ROBIN RONEMUS-SHULER, Plaintiff, V. HARVEY SHULER, III, Defendant, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA :NO. 05-5424 :CIVIL ACTION -LAW :IN DIVORCE PRE-TRIAL STATEMENT 1. FACTS: Husband and Wife were married December 27, 1997. One child was born unto the marriage, Heather, born September 25, 1998. Wife has had primary custody of Heather since the separation, first through a P. F. A. and later by virtue of a Custody Order of Court. She has had physical custody of the couple's child except for every other weekend when Husband has partial custody. Wife was born March 14, 1965, and a high school graduate, but has a license to sell real estate. Wife is currently employed by the Commonwealth of Pennsylvania as a Real Estate Specialist and receives $34,701.00 a year. This is the first marriage for the Wife and she has no other children. The couple had separated and then reconciled for a period of time until the actions that led to a P. F. A. being filed by Wife against Husband. II. ASSETS: The parties own several pieces of real estate as follows: Value A. 995 Farwell, Renovo, PA (cabin) $35,000.00 B. 503-510 Shuler Road, Shermans Dale, PA $225,000.00 C. 545-555 Shuler Road, Shermans Dale, PA $275,000.00 D. 4 Central Blvd., Camp Hill, PA. (home owned by Wife prior to marriage, Husband entitled to a portion of the increase in value since marriage 12/27/97, worth $140,000.00 at marriage, now worth ...... $175,000.00 E. Lots 10 & 11, Camp Hill, PA (lots owned by Wife prior To marriage; Husband entitled entitled to a portion of The increase in value since marriage 12/27/97, worth $35,000.00 at marriage, now worth.. $70,000.00 F. The balance in the Morgan Stanley account. This account had Been owned individually by wife at the time of the marriage; $90,000 of it was used to make improvements in the value of the 555-545 Shuler Road (shop improvements, fund Harvey's business start, and install inground pool); Robin added Harvey's name as joint owner of the Morgan Stanley account, but she had managed the investments in this account entirely on her own. The Morgan Stanley Account is estimated to be approximately $389,700.00 at this time. The parties, through various Court Orders have withdrawn sums of money from that account to cover expenses, costs and the partial maintenance of the aforementioned properties. . The aforementioned properties consisting of 545 Shuler Road, the shop at 545 Shuler Road, and the Renovo property have been from time to time rented throughout the course of the marriage. III. PERSONAL PROPERTY: The Ford Expedition being used by Husband during the entire separation was worth $15,000.00, but has depreciated under Husband's use and time to a value of $10,170.00. During the reconciliation of the parties prior to final separation, the parties had a public sale of all of their marital assets in order to obtain funds. The only assets that remain outside of the home are the $10,000.00 in furnishings in the Renovo property, the farm equipment stored in the garage at 510 Shuler Road worth $10,000.00, the marital guns and rifles worth $30,000 that were held by Cumberland County Sheriff during the P. F. A. and the gun safe worth $5,000.00. All of these later assets were retained by Husband. IV. DEBTS: a. Mortgage balance encumbering 555-545 Shuler Road, date of separation, balance was $60,571; marital rental income was used to pay this mortgage which now has a reduced balance only through the use of marital funds. b. Second Mortgage which funds actually were used for the purchase of the 1999 Ford Expedition, used exclusively by Husband to the detriment of Wife. This second mortgage was also paid by marital rental income with Wife having no advantage. Of c. Wife's line of credit on 4 Central Blvd. (her home). Original balance was $45,000; Wife took this loan to pay off debt that she and Husband incurred during their initial separation and reconciliation. Wife claims this to be a marital debt also. d. Capital gains taxes of $15,000.00 are estimated to be due on the sale of the funds from Morgan Stanley account in order to pay taxes, insurances, mortgages during the course of the separation. These capital gains taxes should be divided on a 60-40 percent split with wife getting the 40% responsibility. IV. WITNESSES: Wife will serve as a witness. Wife will also call an expert on valuations: Don Paul Shearer. V. ESTIMATED TIME OF TRIAL: %2 DAY VI. PROPOSED RESOLUTION: In general Wife seeks a division of all marital assets with a sixty -forty per cent split with wife receiving the 60% and Husband receiving the 40 %, except that with regard to the Morgan Stanley account, Wife seeks 70% with Husband getting thirty (30) % for reasons stated in the Inventory, Comments and Proposals. Wife should also be reimbursed for a portion of the real estate taxes and insurances that were paid for out of the marital rental income for the real estate in which husband resided, because husband was free from these expenses during the course of the separation whereas Wife had to continue to pay these expenses during the separation for her home. (There was one payment of real estate taxes and insurance for wife's property that should be offset, however, to be fair.) As to retention of property itself, wife proposes: Husband may retain: 40 a. The Ford Expedition, which is now worth $10,170.00, but since Husband was able to use said vehicle from the time of separation (when it was worth $15,000.00) to the present time ($10,170.00) and Husband had the advantage of having all marital assets (the rental income) pay for the rd mortgage used to purchase the Ford Expedition, Wife should either be assigned a 60% split of the $15,000.00 or, in the alternative, a 60% of the $10,170, plus reimbursement of 60% of the marital rental income that was used for the payment of the vehicle loan (the 2"d mortgage). b. 545-555 Shuler Road property, which includes the Shop, pool and mobile home. C. The Renovo property in Clinton County. d. Husband would refinance the mortgage against 545-555 Shuler Road, within thirty (30) days of this entry of the Court Order and assume full responsibility for the current mortgage against said property from his own personal funds until the said mortgage is refinanced. e. Husband can retain all personal property that he has in the house in which he resides. Wife may retain: a. 503- 510 Shuler Road, b. 4 Central Blvd, Camp Hill (Lots 18 and 19), Pa. C. Lots 10 & 11 in Camp Hill; d. All Morgan Stanley funds remaining, except that she will pay one half of Husband's remaining mortgage balance that he must refinance. e. Wife to retain all personal property that she has in the house in which she resides. f. Commerce Bank safe deposit box and its contents g. All premarital assets and nonmarital assets. All other assets not listed as being retained should be liquidated and the proceeds received therefrom shall be divided with the 60-40 per cent split. r Wife seeks alimony for three (3) years, computed on the basis of the normal support calculations, to allow Wife to rebuild her life. Wife proposes that she be reimbursed for the following at her 60% percentage: a. Real estate taxes, insurance bills paid, mortgages paid which were to the single advantage of Husband and not equally as an advantage to Wife. b. With regard to the second mortgage that was paid in full during the separation by rental income that was marital, which second mortgage was only used to purchase the vehicle that only husband used during the separation, Wife also seeks the 60% reimbursement of that entire loan balance. c. Wife seeks reimbursement of the unaccounted for rental income of approximately $2500.00 -$3,000.00. Wife proposes that Husband and Wife split the capital gains taxes due at the 60- 40 percentage rate with Wife being responsible for the 40%. Wife proposes that the Line of Credit that she had to take as a result of the debt that she and Harvey incurred during the separation and later reconciliation of the parties prior to the final separation be treated as marital and that the responsibility for this debt be divided at the same 60-40 % split with Harvey being responsible for the 60%. Respectfully submitted, Walz & Walz, Attorneys at Law, P.C. 4.JJ'th T. Walz, Esquire # 06349 341 Market Street Newport, PA 17074 p ,C.... V 1 -r ! c ROBIN RONEMUS-SHULER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA V. NO. 05-5424 HARVEY SHULER, III : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Tana A. Zang, legal assistant for Walz & Walz, Attorneys at Law, P.C., do hereby certify that a copy of the Plaintiffs Inventory, Pre-Trial Statement and Income and Expense sheet in the above-captioned action has been duly served upon Divorce Master, E. Robert Elicker, II, on March 15, 2007 via facsimile to 717-240-7890: Da 2007 Tana A. Zang Walz & Walz, Attornat Law, C. ? Q ..., ? . ?- r-1 W , ,-; ?t__ . ?L ? ? ?? : ? _ 1 , i {? a ROBIN RONEMUS-SHULER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA V. NO. 05-5424 HARVEY SHULER, III : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Tana A. Zang, legal assistant for Walz & Walz, Attorneys at Law, P.C., do hereby certify that a copy of the Plaintiffs Inventory, Pre-Trial Statement and Income and Expense sheet in the above-captioned action has been duly served upon Defendant's counsel, P. Richard Wagner, on March 15, 2007 via facsimile to 717-234-7080: Date: 007 TanaA.Zang Walz & Walz, Attorne w, r-? ? Q ? ? ?? ??;?? ? rn ?= "'. N ? ? ;_ ?= --v ? ` _ ??_ ?= ern ?. "? ?, ? c.a r r ROBIN RONEMUS-SHULER, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY PENNSYLVANIA, V. CIVIL ACTION -LAW HARVEY SHULER, III, : NO _ L 24CIVIL 657- DEFENDANT: IN DIVORCE INCOME AND EXPENSE STATEMENT OF ROBIN RONEMUS-SHULER Old Job New Job INCOME: $25,000.00 $34,701.00 EMPLOYER: Towaway Express Inc. Commonwealth of PA as of 2/12/07 ADDRESS: 18 Brenneman Circle 400 North St., Keystone Bdg. Mechanicsburg, PA Harrisburg, PA TYPE OF WORK: Director of Safety & Recruiting Real Estate Specialist PAYROLL NUMBER: N/A 00639280 PAY PERIOD: Weekly Bi-weekly GROSS PAY PER PAY PERIOD:$480.77 $1337.26 ITEMIZED PAYROLL DEDUCTIONS: Federal Withholding $38.00 $73.15 Social Security Tax $29.80 $82.91 Local Wage Tax $4.81 $21.40 State Income Tax $14.76 $41.05 Retirement $0.00 $83.58 Savings Bond Credit Union Life Insurance Health Insurance $13.37 Other (specify) Union dues Taxed deferred EMS Occupational l time per year EE Medicare Tax $6.87 PUC Withholding $.43 compensation Unemployment $.43 Net Pay per Pay period(monthly) $1,542.28 AFCME Fair Share $13.11 $52.00 $19.39 $1.20 $1,898.94 OTHER INCOME: Week Month Year (Fill in appropriate column) Interest Dividends Pension Annuity Social Security Rents Nothing since Harvey evicted all tenants Royalties Expense Account Gifts Unemployment Comp. Workman's Comp. Unreported Inc./Tips Total TOTAL INCOME (NET/monthly) 2002.47 Net does not include 1 time $52.00 EMS tax. EXPENSES Weekly Monthlv Yearly Home Mortgage/Rent Maintenance Utilities CATV, INET Electric Gas Oil Telephone Water Sewer & Trash Employment Public Transportation Lunch Taxes Real Estate Personal Property Income School Occupational Insurance Homeowners Automobile Life Health Other Automobile Payments Parking garage Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, contacts etc.) $500/$900 $200.00 $100.00 $75.00 $0.00 $250.00 $100.00 $60.00 $42.00 $140.00 $181.30 $30.00 $2,600.00 $300.00-$400.00 $50.00 $600.00 $60.00 $700.00 $700.00 Deductible $120.00 $1,140.00 $180.00 $2,160.00 $100.00 $1,200.00 $50.00 $600.00 $17.00 $200.00 $17.00 $200.00 Education Private school Lunches Parochial school $50.00 $450.00 College Religious Personal Clothing Food Barber/hairdresser Credit payments Necessities Loans Credit Union Other Miscellaneous Household help Child Care Papers/books/mag Mutual Funds Entertainment Pay TV Vacations Gifts Legal fees Charitable contributions Other child support Alimony payments $10.00 $40.00 $50.00 $100.00 $400.00 $40.00 $225.00 $100.00 $120.00 $100.00 $480.00 $600.00 $4,800.00 $500.00 $2,700.00 $1,200.00 $1,200.00+Appfee$60.00 $100.00 $1,200.00 $500.00 $250.00 $10,000.00 Total Expenses $3,397.00 $34,140.00 Will owe incredible Capital Gains tax due to having to sell $50,000.00 in Morgan Stanley Assets. Close to $15,000.00. Will owe appraisal fees as well. C? r+-7 ?? '"s? C, --? .-1 -, ` ?'-' ?_.+ ?_?_ ?`? -.-. ? ? ..?? -- -° _-- 7y-n . .. r ?. .? w ROBIN RONEMUS-SHULER, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA, V. CIVIL ACTION- LAW HARVEY SHULER, III, : No. 05-5424 Defendant : IN DIVORCE INVENTORY OF ROBIN RONEMUS-SE ULER Plaintiff, Robin Ronemus-Shuler, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the proceeding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: ?O Plaintiff, Robin Ronemus-Shuler, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages: (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates (X) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities (X) 11. Gifts (X) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties (X) 14. Personal property outside of home (X) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims ( ) 22. MilitaryN.A. claims ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets in dispute) (X) 26. Other (Direct Reinvestment) (X) 27. loans, Credit Cards and other Debts MARITAL PROPERTY Plaintiff, Robin Ronemus-Shuler, lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION OF PROPERY VALUE MORTGAGE OWNER OF RECORD Lots 18 and 19 (4 Central Blvd., Camp Hill, PA Estimated $175,000.00 Mortgage $45,000. Robin Ronemus-Shuler COMMENTS: These two lots and the below described lots on Conodoguinet Ave., in Camp Hill, Pa. were deeded from Wife's grandfather, Joseph Danza, into the joint names of Wife and Joseph Danza in 1993. Specifically, in 1993,; Wife's grandfather deeded all properties in Camp Hill (Items 1 and 2 of the within Inventory) from his name only to grandfather and Wife Robin Ronemus-Shuler as joint tenants with rights of survivorship. In 1996, Wife's grandfather died and she inherited her Grandfather's one half interest in the said properties. Harvey and Robin married 12/27/97. Wife claims that these lots are non-marital property except for Husband's marital interest in the increase in the value of the properties computed by determining the value of the lots on 12/27/97 when the couple were married to the value of the said lots as of the date of separation. It is estimated that in 1996 when the grandfather died, Lots 18 and 19 (4 Central Blvd.) were worth $140,000.00. Therefore the increase in value (or marital portion) is $35,000. It is noted, however, that Wife's position is that she was forced to take a line of credit of $45,000 against this inherited property for the sole purpose of payment of bills that were marital in nature. Therefore, the $35,000 would be reduced by the $45,000.00 line of credit, resulting in a marital value to be divided of negative $10,000.00. PROPOSAL BY WIFE: Wife would retain the property at 4 Central Blvd, where she and the couple's child are currently residing. Since this property was an inheritance, wife seeks to retain the inherited value of the property without division; and wife proposes the negative $10,000.00 be offset against the below inherited lots listed as Item 2 in the Inventory. In the event that the Line of Credit is denied as a marital asset, then Wife claims 60% of the marital increase in the values of the property. Husband shall release any and all interest in said real estate within thirty (30) days of the Order. 2 Lots 10 and 11, Oakwood Park, Conodoguinet Avenue, Camp Hill, Pa., Estimated value at $70,000.00, also encumbered by the line of credit Robin Ronemus-Shuler title owner. COMMENTS: Lots 10 and 11 were also received by Wife as an inheritance from her grandfather approximately 1996, when the lots were worth $35,000.00 for lot 10 and the complete lot 11. The lots have increased in value over the course of the marriage, however, not to the level of $90,000.00 as claimed by Husband because the lots are suffering from flooding problems and the effects of heavy rainstorms so that a purchaser would have to expend money on drainage systems as required by the township of Hampden, resulting in the lessening of the value of the lots. Accordingly, the marital increase of the two lots is $35,000 less the offset of negative $10,000 from the balance of the line of credit taken to pay marital debt, listed in Item #1 of the Inventory, or a total marital increase of $25,000.00. PROPOSAL BY WIFE: Wife would retain the property Lots 10 and 11, Oakwood Park, Conodoguinet Avenue, Camp Hill, Pa. Since this property was an inheritance, wife seeks to retain the inherited value of the property without division; and wife proposes she retain 60 % of the $25,000.00 of marital increase, with Husband being granted an offset of 40% of the $25,000 of marital increase. In the event that the line of credit is determined to be non-marital, then wife proposes that husband's interest be valued at 40 % of the $35,000 increase in value. Husband to release any and all interest in said real estate within thirty (30) days of the Order. 3. 555 & 545 Shuler Road, Shermansdale, PA Estimated value$275,000 Mortgage 60,571.00 Titled in the names of Robin Ronemus Shuler and Harvey Shuler,III COMMENTS: This property consists of the former marital home of the parties, with an inground pool and a commercial shop where Shuler Enterprises, Inc. was operated prior to the couple's separation. Wife's name was added to the property by marital gift after the marriage of the couple. This property consisted of 1970's mobile home and a newly constructed home that Husband and Wife finished before their marriage (in 1997).Husband had taken out the building loan for construction of the house only prior to the marriage. After the marriage, the couple refinanced into their joint names the construction loan of $93,000 together with a loan used to purchase a truck for Husband's use (roughly $15,000). The mortgage was for $108,000 approximately. It was at this time that Husband deeded the subject property into the joint names of the parties. Currently this property produces income of $875.00 for the house and $350.00 for the Shop, or a total of $1225.00 a month, or $14,700.00 a year. The property also had a mobile home that had a several year history of producing $450.00 a month, or $5,400.00 a year. Wife used wife's inheritance to finance $90,000.00 in shop improvements and fund business start-up and also install in-ground pool. PROPOSAL BY WIFE: It is satisfactory for husband to retain these properties; however wife claims that she is entitled to 60 % of the value of the property, less only a deduction for the first mortgage balance. Husband should be required to refinance the first mortgage balance of $60,571.00, within 30 days of the date of the Order. Further, Wife should be reimbursed for taxes and insurances paid out of marital funds such as rents and Morgan Stanley during the course of the separation. 4. 510-- 503 Shuler Road, Shermansdale, PA Estimated value $225,000.00 unencumbered Robin Ronemus- Shuler And Harvey Shuler,III COMMENTS: 503 and 510 Shuler Road consists of one parcel with one single family dwelling, one detached garage, one cabin (12 feet x 40 feet), and a mobile home pad that was previously rented, all of which is on 14 acres across from the former marital home of 555-545 Shuler Road. This property was purchased by Husband and Wife with proceeds from the Morgan Stanley Account that Wife inherited from her grandfather. The property was purchased for $137,000 in 2001. The house at 510 Shuler Road was used as an investment property during the marriage of the couple, with the rental income being $ 775.00 a month until Husband caused the tenants to move out. At this time, Husband is residing, free of mortgage, free of homeowner's insurance, and free of real estate taxes, in 510 Shuler Road, having departed from the former marital home. During separation, Husband not only gained a free home, with his homeowner's insurance, and his real estate taxes paid for, but also he received a vehicle free of payment requirements. (See below Item for Expedition) And by claiming this investment property as his home, it deprived the marital income of $775.00 a month or $9,300.00 a year. As to 503 Shuler Road, this was also a rental property consisting of a mobile home on a gravel pad. The rent was $275.00 a month prior to the trailer's destruction by one of,Husband's tenants. PROPOSAL BY WIFE: Wife offers to retain this property and pay off one half of the balance of the mortgage that Husband has to refinance on the 555-545 Shuler Road property. Wife claims 60% of the value of the property to be offset against the assets that she retains, with Husband having 40%. Wife also claims one half of the rental income that she would have been entitled to, had husband not moved into the property, or a total of $4,650 as of the date of writing to be modified as of the date of the distribution. Further, since Husband did not have to pay a mortgage, or pay for homeowner's insurance or pay for the real estate taxes for the years 2005 and 2006 and 2007 because these bills were paid out of other marital assets (rental income) of the couple, wife seeks reimbursement of 60% of these expenses, computed up to the date of final distribution.. 4. 995 Farwell, Renovo, PA $35,000.00 unencumbered Robin Ronemus-Shuler & Harvey Shuler , III COMMENTS: This property rents for $325.00 a month or $3,900.00 a year. This is a "seasonal home" purchased during the marriage and title acquired in the joint names of the parties. Wife paid cash from personal checking account to purchase this property. PROPOSAL BY WIFE: Wife seeks a percentage of 60 % of the value of this property. Wife has no objection to Husband retaining this property, but she desires that she receive this value in offset against what she would be retaining, along with reimbursement of all taxes and Insurances paid from marital funds such as rents and the Morgan Stanley account, since initial date of separation. 5. Motor Vehicle 1999 Ford Expedition worth $15,000.00 as of date of separation $10,170.00 Robin Ronemus-Shuler & Harvey Shuler,III COMMENTS: This Ford Expedition was purchased with funds through Member's First with an auto equity second mortgage encumbering 545-555 Shuler Road; it is not believed that the title is encumbered at all. As stated previously, the marital rental income received by the parties' various rental properties was used to pay this auto equity second mortgage encumbering 545-555 Shuler Road because it was a mortgage and the court order required all mortgages to be paid. The effect, however, was to give to Harvey this vehicle during separation of the parties paid for by both parties' income which was highly unfair to Wife who had not only an older, less valuable vehicle to drive during the separation, but also, during the separation, Wife was forced to trade in the older marital vehicle for a "newer" vehicle, a 1994 Jeep. She was also forced to pay for the new Jeep with her own personal income, rather than the marital rental income that was being produced by the couple's marital investment realties. Wife was also forced to pay her own vehicle insurance from her personal income after separation; whereas Husband's vehicle insurance was being paid from marital rental income and Morgan Stanley account during the entire separation. It is further noted that Husband claimed the 1999 Ford Expedition to be worth $10,500 on his Bankruptcy Petition filed in March 2005. He further gave impression that he was paying the vehicle loan out of his own income (rather than out of the joint rental income), resulting in there being less money to pay unsecured debtors. PROPOSAL BY WIFE: Husband may retain the 1999 Ford Expedition that he requests. The Blue book Suggested Retail Value of the Expedition was as of 1014106 $10,170.00 in excellent condition. It should be noted that Husband had possession of said vehicle for the entire separation period and they separated on or about May of 2005, so Husband had the advantage of over a year in possession of the vehicle which would have been worth more at the time of separation - estimated at $15,000. Wife proposes that she be credited with 60 % of the value of Expedition or $9,000.00 and that she be reimbursed for one half of each of the monthly payments that the couple's joint income paid for the truck payments at the rate of $586.00 per month. Her total credit for this vehicle would be $9,000.00 plus60% of each monthly payment of $586.00 for the entire period that Husband used the vehicle during separation. 7. Motor Vehicle 1988 Subaru GL 4x4 $ no value unencumbered Robin Ronemus-Shuler COMMENTS: Until the parties separated, Robin's primary vehicle was the 1999 Ford Expedition referred to above, while Husband primarily used another vehicle which was repossessed in 2005. After the separation, Husband took over the use of the 1999 Ford Expedition and left the 1988 Subaru for Robin's use. Wife had set out the Subaru on the street for the asking price of $995 but got no buyer within a six month period. Additionally it will not pass inspection in Cumberland County in its condition. PROPOSAL BY WIFE: This is a junker of no value to either party; this is also a non-marital asset.purchased by Wife prior to marriage, . 8. Motor Vehicle 1973 Datsun 240 Z No value unencumbered Robin Ronemus-Shuler COMMENTS: The body of the car is so rusted out, the value of the car is zero. This is also a non marital asset purchased by wife prior to marrage. PROPOSAL BY WIFE: There is nothing to divide. 9. Morgan Stanley Account i it Estimated balance $389,700.00 Robin Ronemus Shuler and Harvey Shuler III COMMENTS: This asset was mostly received by Wife prior to marriage to Husband, except for approximately $85,000.00 which was received at the inception of the marriage. (inheritance from Wife's great aunt). Wife had owned approximately $181,000. in a separate account which she managed on her own with her grandfather's guidance. He had given her'about $50,000 and she had more than tripled it in worth prior to the marriage to Harvey. Additionally, Wife had owned jointly with her grandfather $337,500 prior to the marriage with Harvey. She received her grandfather's one half of the $337,500 when he died in July of 1996. Wife received during the marriage the $85,000. from Wife's great aunt by inheritance.Within two months of the marriage, Wife added Husband's name to the account. All investments were managed by Wife's close scrutiny. In January 2003, prior to Husband filing for divorce, Husband liquidated $9,700.00 from the account in 45 days for the purchase of drugs or because of drug use, using the Morgan Stanley debit card in his own Shuler Enterprises credit card machine and putting the electronic funds through the business and transferring the assets over to his personal account. . PROPOSAL BY WIFE: Wife seeks at least 75 % of the value of the account as of the time of separation. By court order $55,000 has been liquidated to date (1015106) from the Morgan Stanley account and certain bills were paid, some of which were marital and some not. Wife proposes that the following uses be deemed to benefit Husband and/or Wife, respectively: BENEFIT TO WIFE Legal fees $10,000.00 Wife's Mo? g payts,Feb to Sept,2006 3,970.07 Wife's Ho eowners Insurance,plus reimbt 609.00 Wife's Ho e Depot line of credit 5,543.65 Wife's 200 real estate taxes 2,100.07 Wife's Co ty 2006 real estate taxes 802.38 Total payments beneficial to Wife 23,025.17 BENEFIT TO HUSBAND Legal fees 5,000.00 Husband's seasonal home, real estate taxes 476.35 Husband's Perry County properties, insurance 1,937.50 Husband's Perry County properties, delinq. Deal estate taxes, paid to tax claim 5,065.51 Husband's Perry County properties, 2006 Real estate taxes, 5,413.48 Total payments beneficial to Husband 17,892.84 BENEFIT TO BOTH HUBAND AND WIFE: Guidance Associates, Custody Evaluation 4,500.00 10. Commerce Bank Account COMMENTS: Checking account actual balance after the checks for payment of marital expenses cleared the account, was $200.00. PROPOSAL BY WIFE: This accou4was in wife's name and she retained the $200 to pay more marital bills after separation of the couple. There is nothing to divide. 11. Commerce Bank Safety Deposit Box: This asset is listed in the Non-marital Listing COMMENTS: Husband took all his j welry when he vacated. The only content of the safe deposit box was Wife's inherited grandmother's a gagement ring and Mother's string of pearls, both non-marial assets. 12. Personal Property Outside Home a. Estimated $10,000 in furnishings in the seasonal home that Husband rented out. Owned by Husband and Wife jointly. Husband took full possession of these when he rented Renova property. b. Farm Equipment and Implements stored in garage at 510 Shuler Road worth $10,000.00. c. Guns, rifles, held by Cumberland County Sheriff during the P. F. A $30,000.00 d. Gun Safe (location unknown) 5,000.00 COMMENTS: Wife has not seen the seasonal property since separation. Husband took possession of it and rented it! to a tenant who may or may not be using the $10,000 of furnishings. The same with the farm equipment worth $10,000.00 and which was stored in the garage at 510 Shuler Road; Husband took possession of that property too and collected rents. As to the guns and rifles worth $30,000.00, Husband listed them as worth $300.00 on his bankruptcy petition that he filed in March of 2005 and he declared them to be "owned by Tenants by the Entireties.". Husband retained possession', of the gun safe during separation. PROPOSAL BY WIFE: Since Husband took possession of all the above listed assets, he may continue to retain them, but Wife seeks to have an offset for 60% of the worth of the furnishings $10,000.00; farm equipment $10,000.00; gun safe $5,000.00 and the $30,000.00 of guns and rifles that Husband gave to wife as a marital gift in his declaration that the guns and rifles were "owned by Tenants by the entireties," so that the gun and rifles would be exempt from taking by the Bankruptcy Trustee. 13. Businesses: Shuler Enterprises COMMENTS: Harvey's Shuler Ente rises appeared to be defunct in 2004 and all tools and such were sold at the public sale of the couple's perso al property in December, 2004. On March 3, 2005, after separation of the couple, Husband filed for bankruptcy in his name and the name of Shuler Enterprises. He claimed that he had no business assets to sell to pay debts. is unsecured debts consisted of $147,000.00 which were discharged. Now, Husband has listed on -s Divorce Inventory that there were laptops, office furniture, fax machine, phones, etc., but these were not listed on the Bankruptcy Petition. Any assets which Husband used in the operation of Shuler Enterprises were old with the other household assets. PROPOSAL BY WIFE: Since the b iness of Shuler Enterprises is defunct because of Husband's choice, Wife agrees that this business has zero va ue. 14. Household Goods, Furnishings, Tool, personal effects, etc. COMMENT: All marital assets were sold at the public sale in December, 2004, except for Wife's non marital antiques. Proceeds received from the public sale (about $30,000 ) were used 60% for husband's debts and 40% for Wife's. This all occurred during a fail d reconciliation of the parties. All that remains in Wife's home is her inheritances and gifts from her grandfathers and her aunt's estate, except that Wife purchased non-marital household items after the separation. Husband ?s still using marital assets in the marital home that he retained. Wife lives in a non-marital home. ?I 15. Rental Income during the Separation: The total record of income and disbursements from rental shall be submitted in final form from Harvey §huler and/or his sister who were ordered to collect them and report them to the Judge. COMMENT: Harvey Shuler took ov hands of his sister who has accounted accounted for. Further, Husband has e not used for equal benefit of the couple PROPOSAL: It is proposed that the re determined into several categories: foi the division of the rental income being (Robin's)-40 (Harvey's) percentage di Harvey was mainly benefited with the all rentals from the marital real estate and placed them into the all rental income, except for 2500 to 3000.00 that is not all tenants from the rental properties. The rental income was during the separation, as explained previously. income be totaled and the use of the rental income be Harvey, for Robin, and for preservation of a marital asset and that as it should have been during the separation, with a 60 ision of income and the same percentage division of benefit. Since use, Robin should be reimbursed for her lack of benefit. Plaintiff, Robin Ronemus-Shul0r, lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: REASON FOR ITEM NUMBER DESCRIP ON OF PROPERTY EXCLUSION 1. Lots 18 and 19 (4 Central Blvd., Camp Hill, PA, improved with a house, estimated value at $175,000.00 less a line Of credit/mortgage of $45,000 which Robin claims was taken for marital purposes during ?he failed reconciliation of the parties. As indicated in Item No. 1 of Marital Property, only the increase in value of this asset from $140,000 to $175,000, or a total increase is marital; $140;000.00 of the value of this asset is excluded as an inheritance received by Robin Ronetnus-Shuler prior to the marriage of the couple and which asset remains in the sole namei,II of Robin Ronemus-Shuler. 2. Lots 10 and 11 (Oakwood Park, Conodoguinet Avenue, Camp Hill, Pa.), with no improvements, valued when it was a full two lots in 1996 as worth $35,000, now worth approximately $70,000. These lots are also subject to the line of credit of $45,000 which Robin alleges to be marital. Thirty five Thousand Dollars is excluded as non-marital, as Robin also acquired this sset by inheritance prior to the marriage of the couple and the property remains in Rob' 's sole name. 3. 1988 Subaru purchased b Robin prior to the marriage and now a junker. Said vehicle remains in her name alon . 4. 1973 Datsun 240 Z, purc aced by Robin prior to the marriage and worth little or nothing because of the rusted bod . l r 5. Husband's jewelry, wh ch he can retain. He took it all when he vacated Robin's Camp Hill home after the failed re onciliation. 6. Wife's ring and antique that she inherited from her grandmother. 7. All the property that Wife acquired after the final separation of the couple; together with a 1994 Jeep that Wife acquired after separation because she had no marital vehicle to use during separation. PR PERTY TRANSFER DESCRIPTION O DATE OF PERSON TO WHOM ITEM NUMBER PROPERTY TRANSFER CONSIDERATION TRANSFERRED L 2. 3. 4. 5. LIABILITIES DESCRIPTION OF NAMES OF NAMES OF ITEM NUMBER PROPERTY ALL CREDITORS ALL DEBTORS 1. Line of credit, encumbering Lot 18 and19(4 Central Blvd., Camp Hill, Pa., Robin's inherited property that she resid s in) and the unimproved Lots 10 & 11. The Creditor is Commerce Bank. The debtor is Robin Ronemus-Shuler only, but Robin claims that she was forced to take this line of credit of $45,000.00 in order to pay off debt that she and Harvey incurred during reconciliation and to support herself and her daughter while f .r• rte . Harvey was on drugs, in drug the first separation and the fail not pay child or spousal suppo 2. Mortgage encumbering 555 & balance as of the date of final ilitation, and so forth during the separation between reconciliation when Harvey was not working and could Shuler Road, Shermansdale, Pennsylvania with a ation of $60,571.00. Creditor is Citi Financial. The debtors are Robin Ronemus Sh ler and Harvey Shuler, III. 3. The second Mortgage encumb ng 555 & 545 Shuler Road, Shermansdale, Pennsylvania, with a balance as of the date of final separation of $ This marital loan was taken to cover the purchase of the 1999 Ford Expedition that was used by Harvey the entire time of the separation. This loan was paid by the marital rental income of the parties, ev?n though Harvey was the only benefactor of the loan. The creditor was Members 1St Federal Credit Union; the debtors were Robin Ronemus Shuler and Harvey Shuler, III. 4. Real estate Tax delinquencies for the years 2002,2003, 2004, 2005, 2006 and 2007. 5. Insurances for the years 2002,2003,2004,2004, 2006, and 2007. 6. Wife's attorney's fees, a statement of which shall be presented at the hearing. C? ?' ?? _.? -T_ --, w, -, ,-_ ;?r =- ?, ,,-r ..?; :? = - -,3 -' .. 'rr t._ ? , .?, ter. V'r ROBIN M. RONEMUS SHULER, Plaintiff V. HARVEY M. SHULER, III, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA :CIVIL ACTION - LAW :NO. 05-5424 :IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS & PERSONAL PROPERTY IN CONTROL OF THE DEFENDANT TO: Harvey M. Shuler, III, Defendant c/o P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED that pursuant to Pennsylvania Rules of Civil Procedure, Robin M. Ronemus Shuler, by and through her legal counsel, Walz & Walz, Attorneys at Law, P. C. hereby propounds the following Request for Production of Documents and tangible things which are in the possession, custody, or control of the party to whom this request is directed, their designated agents, representatives, and attorneys within thirty (30) days after service. The documents and tangible things requested herein must be produced at the law offices of Walz & Walz, Attorneys at Law, P. C., 341 Market Street, Newport, Pennsylvania, 17074, in accordance with Pennsylvania Rules of Civil Procedure or applicable local rule of Cumberland County prior to the indicated time for production thereof. YOU ARE NOTIFIED ALSO THAT THIS IS A CONTINUOUS REQUEST FOR PRODUCTION OF ALL DOCUMENTS REQUESTED AS WELL AS REPLACEMENTS THEREFORE. THANK YOU. WALZ & WALZ AT LAW, P. C. 1? Date: July X, 2007, Obdith T. Walz, Esquire Supreme Court I.D. #06349 341 Market Street Newport, PA 17074 (717) 567-6993 INSTRUCTIONS AND DEFINITIONS 1. "You" or "yours" means the party to whom this instruction is directed and/or all corporations, partnerships or sole proprietorships that the party owns or in which he/she has a controlling interest, and any employee, agent servant or independent contractor of that party. 2. "The Party to whom this instruction is directed" unless otherwise specified, shall mean the Party who is being asked to produce the documents, or answer questions. 3. "Document," "record," "file," or "report" all refer to and mean the original, all drafts thereof, and all copies of any written, printed, recorded or other graphic matter, whether on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other means of information retrieval and storage, however produced, reproduced or prepared. 4. "Person" or "individual" means a natural person, a partnership, a corporation, an unincorporated association, a government (or agency thereof), a quasi-public entity, or other form of entity. 5. This Request applies to all documents in your possession, custody or control or in the possession, custody or control of persons acting or purporting to act on your behalf, including, but not limited to your present and former agents, servants, contractors, employees, accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties. 6. Each of the following is intended to be a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered requests as a whole. Each request calls for continuous responses in the event that the requested item is modified or replaced. 7. If you have objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. 8. Before responding to this Request, you are required to make a diligent search of your files and records to ascertain whether you have documents which would be responsive to a given request. Your agents, representatives, employees, attorneys and other individuals acting or purporting to act on your behalf must do the same. V i r REQUESTS All documents and statements including but not limited to any individual retirement account, pension plan, profit sharing plan, savings plan, Keogh plan, 401(k) plan, annuity, retirement benefit, stock bonus plan, stock option plan or thrift savings plan through any current or previous employer or regarding any other retirement benefits still due or due in the future, including the summary plan description and other such information regarding each retirement plan, as well as annual statements for each plan during the period of marriage and to the present.. 2. All financial statements or documents referring to any deferred compensation plan to which you are entitled by reason of any present or past employment, including any understanding regarding the future distribution of earnings presently retained or anticipated to be received. 3. Copies of the Appraisals made by Mr. Shull that were presented to the Divorce Master on June 15, 2007. 4. Copies of any further Appraisals that you have made and intend to present at the Divorce Master's Hearing. Copy of the key for the Renovo property so that Plaintiff can have the said property appraised. 6. Copy of any lease for the Renovo property for tenants still remaining in the property, as well as the names and addresses and phone numbers of said tenants so that they can be informed of the intended appraisal of the Renovo property and permit access to the appraiser to make the appraisement. Respectfully Submitted, WALZ & WALZ dui T. Walz, squire supreme Court I.D. #06349 341 Market Street Newport, PA 17074 (717) 567-6993 Date: July , 2007 .' 't31 tr?rr, C- -?+ ROBIN RONEMUS-SHULER, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY PENNSYLVANIA, V. CIVIL ACTION -LAW HARVEY SHULER, III, : NO.5424 CIVIL - 65 DEFENDANT : IN DIVORCE PETITION FOR SPECIAL RELIEF TO THE HONORABLE JUDGE EDWARD E. GUIDO: NOW COMES Robin Ronemus-Shuler, Plaintiff in the above divorce action, who through her attorneys, WALZ & WALZ, ATTORNEYS AT LAW, P. C., by Judith T. Walz, Esq., file the averments of her Petition for Special Relief: 1. Petitioner/Plaintiff is Robin Ronemus-Shuler who resides at 4 Central Blvd., Camp Hill, Pennnsylvania, Hampden Township, Cumberland County. 2. Respondant/ Defendant is Harvey Shuler, III, who resides at 503 Shuler Rd., Sherman Dale, Pennsylvania, Carroll Township, Perry County. 3. Petitioner/Plaintiff filed her divorce complaint to the above number and term, including a count stating that there were marital assets and debts to be equitably divided between Plaintiff and Defendant. 4. During the separation of the parties, Harvey Shuler, III, assumed control of all marital real estate in the joint names of the couple, which included: a. A house at 545 Shuler Road, Shermans Dale, Perry County, Pennsylvania. b. A separate mobile home with an addition built onto it and a large storage shed at 545 Shuler Road, Shermans Dale, Pennsylvania, known as 555 Shuler Road, Shermans Dale, Pennsylvania, which the parties rented to third parties during their marriage. There was a long history of several years of monthly rent of $475.00 a month from the tenant in that separate trailer. c. Another parcel of real estate which was purchased in 1999 strictly as a rental property, consisting of two rental properties: one numbered as 503 Shuler Road, Shermans Dale, Perry County, Pennsylvania, with rent at $285.00 a month for land for a mobile-home pad only which was occupied by the same tenant with his own mobile home for years, and the other numbered as 510 Shuler Road, Shermans Dale, Perry County, Pennsylvania, which is a basic 3 Bedroom, 2 Bath, no frills, ranch home and was occupied by tenants who paid rent in the amount of $775.00 per month. d. A single family detached dwelling or home in Renova, Pennsylvania, located at 997 Farwell Avenue, Renovo, Pennsylvania. Although this property was purchased for a vacation home, after the separation, Harvey Shuler rented it at $350.00 a month. 5. After Harvey Shuler determined that he no longer wanted to reside with his sister in Carlisle, he unilaterally gave the tenant who was renting 510 Shuler Road, Shermans Dale, Pennsylvania for $775 per month, a Notice to Quit that premises and he moved into the same thereafter. These actions destroyed the capability of the parties of receiving rent for $775.00 a month which they were receiving at the time of the separation. 6. Next, Harvey Shuler unilaterally entered into a lease agreement with persons for the rental of what was formerly the marital home at 545 Shuler Road. Petitioner did not oppose this unilateral action because Mr. Shuler was collecting rent in the amount of $875.00 from said property. 7. Further, Harvey Shuler rented a garage on the formerly marital home property as a commercial property for the monthly rental of $350.00. This lease was entered into unilaterally by Harvey Shuler, but Petitioner, Robin Ronemus-Shuler, did not oppose this action. When Harvey Shuler made this commercial lease unilaterally, however, he turned a homeowner's insurance policy into a commercial insurance policy which resulted in an increase in the premiums. 8. Since Harvey Shuler had failed to account for the rents he collected, Petition/Robin filed a Petition for Special Relief seeking an accounting of the rental income, as well as authority to use another marital asset, known as the Morgan Stanley Account (worth $400,000 when the couple separated) to pay certain marital bills of the couple when there was a shortfall in the rental income from the rental properties. 9. On February 10, 2006, the Honorable Judge Edward E. Guido entered an Order of Court, a copy of which is attached hereto, made a part hereof, and marked Exhibit A. In said Order of Court, the Judge stated: 1. All rentals on the jointly owned property of the parties shall be collected by and paid to Michele Swartz. (Michele Swartz was Harvey Shuler's sister who was serving as an accountant for Harvey.) She shall use those rentals only to pay the mortgages, taxes, and insurance on the real estate owned jointly by the parties and the existing mortgage on the Camp Hill property owned in Wife's individual name. Husband and/or Michele Swartz shall provide an accounting to Wife's attorneys for all rents collected from date of separation until today's date. Said accounting to be provided within 20 days. Wife's attorneys may also examine any records of Husband's or Michele Swartz's kept in connection with the collection of said rents and payments of said expenses. Further, a quarterly accounting of all future rents collected and bills paid shall be made to both Husband and Wife's Attorneys. 4. To the extent that the rental income is insufficient to cover the taxes, insurance, and mortgage payments due on the real estate at issue, semiannual withdrawals from the Morgan Stanley account are authorized to cover the shortfalls. ..... 10. On or about February 15, 2007, Harvey Shuler unilaterally gave Notices to Quit as follows: a. To the tenants of the Renovo property: To vacate prior to March 21, 2007 for being 15 days past due on the February, 2007 rent; b. To the tenants of Garage and Parking" (the commercial building): To vacate at the lastest on April 15, 2007. The notice gives no reason for the Notice to Quit except to say: "I regret to inform you of my decision to non-renew your month to month lease..." : c. To the tenants of 545 Shuler Road (Duperts and Myers): To vacate at the lastest on March 30, 2007. Again the Notice to Quit gave no stated reason except for Harvey M. Shuler's decision to non-renew. d. A copy of the Notices to Quit are attached hereto, made a part hereof, and marked Exhibit B. 11. No prior notice was given to Petitioner/ Robin Ronemus Shuler or to her attorney of Harvey M. Shuler's "decision to non-renew." 12. The first indication of Harvey M. Shuler's "decision to non-renew" the rental properties was when Walz & Walz, Attorneys at Law were mailed three checks made payable to Walz & Walz, Attorneys at Law allegedly for rental income that Harvey Shuler and/or his sister received. Upon receipt of the three checks by Walz & Walz, they were turned over to Harvey Shuler's attorney, P. Richard Wagner, as it was Harvey Shuler and his agent who were responsible for collecting rents and paying bills with the rental income. 13. In accordance with the Court Order, Walz & Walz, Attorneys, agreed to receive funds from the Morgan Stanley account to cover the "shortfalls" in the payment of the taxes, insurance, and mortgage payments to the extent that the rental income is insufficient to cover such bills. The first withdrawal from Morgan Stanley account was $30,000.00 which covered $15,000 of legal fees for Walz & Walz and P. Richard Wagner; the balance of $15,000 was consumed for the shortfalls. On September 18, 2006, another $10,000.00 was deposited from liquidation of the Morgan Stanley account, which $10,000 was consumed on the payment of the shortfalls. On October 2, 2006, $15,000.00 was further liquidated from the Morgan Stanley account, which $15,000.00 was consumed on the payment of the shortfalls.. 14. Rental Income typically paid the following expenses: a. 545 Shuler Road, Citi Mortgage, for the property that was the marital home converted to a rental property by Harvey: $813.20 a month; b. 545 Shuler Road, 2°a mortgage, for the vehicle that only Respondant Harvey Shuler uses: $585.24 a month. (This expense has been now paid in full.) c. Renovo Property sewer bill at $96.00 a quarter or $32.00 a month; Total expenses paid from rental Income prior to payoff of the Vehicle loan/second mortgage .............................$1,430.44 amonth Current monthly expenses $ 845.20 a month 16. Typical rental income monthly was ......................... 1,550.00 a month received from the following properties: a. 545 Shuler Road . ............................$875.00 b. 545 Shuler Road, shop commercial property .................................. $350.00 c. Renovo Property ............................. $325.00 17. Before the unilateral termination of the marital rental income by Harvey Shuler, there was always extra money to pay certain bills such as insurance, some of the real estate taxes, etc. 18. With the Rental Income Accounting received from Harvey Shuler's agent in August 2007, the rental income received reflected the continued receipts of $875.00 and $350.00 or a total of $1225.00 of the rental income up to and including August, 2007, even though the Notices to Quit were sent out in February, 2007. The rental income from the Renovo property of $350.00 stopped January, 2007, however. 19. With the Rental Income Accounting received from Harvey Shuler's agent in November, 2007, it was clear that there was no rental income for September, October and November, 2007 for any of the properties. 20. By the unilateral actions of Husband in giving the Notices to Quit to the tenants, Husband has eliminated most of the rental income that could be used to pay the real estate taxes, mortgages, and the insurance premium soon due; Husband has created a shortfall. Now, Husband, through his attorney, threatens Wife that she must liquidate the Morgan Stanley Account (which funds were only to be used for covering shortfalls according to the Court's Order.) 21. Petitioner/Wife's attorney requested an accounting from Husband's attorney of the rental income that was not consumed by the payment of the bills, clearly explaining the rental income received and the bills paid and how there was extra money in the hands of Husband that needed to be used for the payment of bills before more of the money was liquidated from the Morgan Stanley account. It was further explained that it is difficult to establish a "shortfall" without the accounting from rental first. A copy of the letter to Husband's attorney requesting an explanation of the use of the extra rental income and requesting an explanation of the shortfall, but no response has been forthcoming from Husband's side except for copies of the bills he has paid. 22. These actions by Harvey Shuler in terminating the rental income and therefore creating an immediate shortfall in the ability to pay marital bills are wasteful and will cause an unneccessary burden upon the Morgan Stanley Account which consists of assets well invested and subject to taxation when liquidated to pay bills. 23. A divorce master's hearing is scheduled for March 6, 2008; however Petitioner feels that delay in action until that hearing will financially damage the parties. WHEREFORE, Petitioner/ Robin Ronemus-Shuler prays: a. That Harvey Shuler should be held accountable for the rental income that he has lost by his actions in giving Notices to Quit when it was he who assumed control of the rental property in the first place and he was Ordered to account for the rental income and to pay the named bills from the rents; b. That Harvey Shuler be ordered to find replacement renters for the properties that he gave tenants Notices to Quit and suffer the consequences of the lack of rental income he created in his ultimate equitable distribution. Respectfully Submitted, ?r dith T. Wa z ID #06349 Walz & Walz Attorneys at Law, P. C. Phone 717-567-6993 I, ROBIN M. RONEMUS-SHULER, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 4 7 ? " ` - ? ? ? OBIN n RO MUS-SHULER ROBIN RONEMUS-.SHULER, Plaintiff VS HARVEY SHULER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSiLVANIA NO. 05-5424 CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 10th day of February, 2006, after conference with counsel and after reviewing the petition for special relief we enter the following order which is meant to be temporary in nature and not meant to express any opinion on what is or is not marital property or on which party should get what portion of any of the property herein divided. Those matters shall be left to the Master and neither party is waiving any substantive rights to make any arguments whatsoever with regard to the property being herein distributed. With that proviso in mind, it is hereby ordered and directed as follows: 1. All rentals on the jointly owned property of the parties shall be collected by and paid to Michele Swartz. She shall use those rentals only to pay the mortgages, taxes, and insurance on the real estate owned jointly by the parties and the existing mortgage on the Camp Hfll property owned in Wife's individual name. Husband and/or Michele Swartz shall provide an accounting to Wife's attorneys for all rents collected from date of separation until today's date. Said accounting to be provided within 20 days. Wife's attorneys may also examine any records of Husband's or Michele Swartz's kept in connection with the collection of said rents and payments of said expenses. Further, a quarterly accounting of all future rents collected and bills paid shall be made to both Husband and Wife's attorneys. 2. $10,000 from the Morgan Stanley account shall be advanced to the firm of Walz and Walz to be used towards Wife's counsel fees in these proceedings. 3. $5,000 from the Morgan Stanley account shall be advanced to Richard Wagner, Esquire, to be used towards Husband's counsel fees in connection with these matters. 4. To the extent that the rental income is insufficient to cover the taxes, insurance, and mortgage payments due on the real estate at issue, semiannual withdrawals from the Morgan Stanley account are authorized to cover the shortfalls.. Those payments shall be made to the law firm of Walz and Walz as escrow agents by Morgan Stanley upon request by Walz and Walz. Those payments may be made in April and August of each year. An accounting shall be provided by Walz and Walz to the client and to Mr. Wagner within 30 days of By Shaubut C. Walz, III, Esquire Judith T. Walz, Esquire For Robin N. Ronemus-Shuler P. Richard Wagner, Esquire For Harvey Shuler :mlc of the distribution. )-16--144 Co-1? Jam" Y R COPY FROM IPECORD m Taw" wnered, i here unto ss"mm }"d f seat of said Court at Cam, ft. HARVEY ICI. SHULER III 510 SHULER ROAD SHERMANSDALE, PA 17090 PI ZONE: 717-582-7717(140YIE) 717-443-5441(MOBILE) DA"l L:0115'-')007 RE: 1IMMIE R. FIELDS SR &; CRYSAL FIELDSiLFSSEE'S`i?;12388 RENOVO ROAD. RFNOVO. PA.17764 (ALSO KNOVN AS 995 FAREWELL AVE, RENOVO PA. 17764) DEAR TENANT, I REGRET TO INFORM YOU OF MY DECISION TO NON-RENEE YOUR ?MONTH-TO-MONTH LEASE. IN SPECIFIC THE LEASE ORICTINALY DATED ON AUGUST 21 " ?005 "YOU ARE CURRENTLY PAST DUE FOR FEBRUARY 2007 RENTS." THIS LETTER SERVES AS YOUR 30-DAY FORMAL NOTICE OF INTENT TO EVICT. YOUR LEASE WILL TERMINATE ON MARCH 21.2007. VACATE PRIOR TO THIS DATE. ALSO NOTIFY ME EMMEDIATLY WHEN Y01-'INTENT) TO VACATE. FINALLY NOTIFY ME ON THE DAY YOU VACATE PERMINANTLY, SO I CAN WINTERIZE AND SECURE THE PROPERTY" THEREAFTER. AS FOR THE ISSUE OF SECURITY DEPOSITS. THEY WILL BE RETURNED AFTER YOU VACATE AND AN INSPECTION OF THE LEASED PROPERTY IS DONE. THE PROPERTIES SHALT. BE CLEAN AND ALL DEBRI REMOVED. ANY LESSOR APPLIANCES SHALL BE LEFT IN GOOD WORKING ORDER MADE CERTIFIED OR MONEY ORDER FUNDS PAYABLE TO: HARVEY M. SI,ULER III FORWARD FINAL RENTS TO ABOVE ADDRESS ?t 4+` O nj ru _ _ _ __. rl 0 C7 C3 Q rq rq m #4,64 02/W L!)(f7 SINCERFLY. HARVEY M SHULER III C', )rrrAle items 1, 2 aic! A1 o co-rpiete T t H= i,-F,,Gels et"red. t nt 'ic ur -?am-3 arxi acd, :;E n the -averse S: trsa;: Ne can reum th-> rxtvr: to yo;... i. Al a . ii:i card to the ;2a6. :hki -r aiipiece, or o, d• 3 `r•orit f space rx?rrn,t.s. A S ana'?rL agent b , rink ed by Pr,'n'scY Name) C. ]ate Of pelivery err;,-;'r? rl r,,E 1,?5 % ?', 3 !(?)7 D. is :E Ivey a=d ess dff,rt fron item 1! 0 Yes V YlS, enter cellvery address below: 9-140 3. SKice''ype 4 Certified MM ? express Mall ? Repiewscl Retum Receipt for Merchandise © Insured ?A0 0 C.O.D. ---- -- --_-? 1 4. Restricted Delivery? (6rtYa Feed ? Ides 90$ to Number 7005 3110 0004 0220 8197 ??l Fo •n 3E 11, February 20W Domestic Retum Receipt ? 102585.024h-1540 HARVEY M. SHULER III DA I :01 15/2)007 510 SHULER ROAD SHERMANSDALE, PA 17090 PHONE: 717-582-7727(HONIE) 717-443-5441(MOBILE) RE: LEON GEESAMANILESSEE AT 545 SHULER ROAD, SHERMANSDALE, and PA. 17090/SPECIFICLY KNOWN AS "GARAGE AND PARKING'". DEAR TENANT, I REGRET TO INFORM YOU OF MY DECISION TO NON-RENEW YOUR MONTH-TO-MONTH LEASE. IN SPECIFIC THE LEASE ORIGINALY DATED ON JANUARY 15.2046 AND AMENDED BY ADDENDUM DATED JANUARY 13. 2047. THIS LETTER SERVES AS YOUR 30-DAY FORMAL NOTICE. HOWEVER I AM INFORMING YOU THAT IF YOU NEED ADDITIONAL TIME TO VACATE, DUE TO THE TIME OF YEAR THIS NOTICE REACHES YOU, YOU - CAN CONTACT ME FOR ADDITIONAL TIME. HOWEVER YOUR LEASE AND ADDENDUMS'W'ILL EXPIRE ON APRIL 15, 2007. FOR THAT EXTENDED STAY TIME YOU WILL BE REQUIRED TO FORWARD COMPENSATION IN THE NORMAL RENTAL AMOUNT TO THE FOLLOWING PERSON AT THE LISTED ADRESS BELOW. ALSO NOTIFY ME EMMEDIATLY WHEN YOU INTEND TO VACATE. FINALLY NOTIFY ON THE DAY YOU VACATE PERMINANTLY, SO C CAN WINTERIZE AND SECURE THE, PROPERTY THEREAFTER. AS FOR THE ISSUE OF SECURITY DEPOSITS, THEY WILL BE RETURNED AFTER YOU VACATE AND AN INSPECTION OF THE LEASED PROPERTY IS DONE. THE PROPERTIES SHALL BE CLEAN AND ALL DEBRI REMOVED. ANY LESSOR APPLIANCES SHALL BE LEFT IN GOOD WORKING ORDER MAKE FUNDS PAYABLE TO: WALZ & WALZ ATTORNEYS AT LAW, RE: SHALER 4'S SHULER ESCROW ACCT. SEND COMPENSATION TO: MICHELLE SWARTZ Iu- 30 MEADOW BROOK ROAD, CARLISLE, PA. 17013 I LEON GEESAMAN HAVE RECEIVED A COPY OF THIS LETTER: INTIAL'S SINCERELY lf?iVEY M SHULER III HARVEY M. SHULER III DATE:02/15/2007 510 SHULER ROAD SHERMANSDALE, PA 17090 PHONE: 717-582-7727(HONIE) 717-443-5441 (MOBILE) RE: PROPERTY LEASED@ 545 SHULER ROAD, SHERMANSDALE, PA. 17090 TENANTS: DENA DUPERT, BOBBY JOE DUPERT & DAVID MYERS DEAR TENANTS, I REGRET TO INFORM YOU OF MY DECISION TO NON-RENEW YOUR MONTH-TO-MONTH LEASE. IN SPECIFIC THE LEASE ORIGINALY DATED ON SEPTEMBER 30, 2005 AND AMENDED BY ADDENDUM DATED JANUARY 13, 2007. THIS LETTER SERVES AS YOUR 30-DAY FORMAL NOTICE. HOWEVER I AM INFORMING YOU THAT IF YOU NEED ADDITIONAL TIME TO VACATE, DUE TO THE TIME OF YEAR THIS NOTICE REACHES YOU. YOU CAN CONTACT ME FOR ADDITIONAL TIME. HOWEVER YOUR LEASE AND ADDENDUMS WILL EXPIRE ON MARCH 30TH. 2007. FOR THAT EXTENDED STAY TIME YOU WILL BE REQUIRED TO FORWARD COMPENSATION IN THE NORMAL RENTAL AMOUNT TO THE FOLLOWING PERSON AT THE LISTED ADRESS BELOW. ALSO NOTIFY ME EMMEDIATLY WHEN YOU INTEND TO VACATE. FINALLY NOTIFY ON THE DAY YOU VACATE PERMINANTLY, SO I CAN WINTERIZE AND SECURE THE PROPERTY THEREAFTER. AS FOR THE ISSUE OF SECURITY DEPOSITS, THEY WILL BE RETURNED AFTER YOU VACATE AND AN INSPECTION OF THE LEASED PROPERTY IS DONE. THE PROPERTIES SHALL BE CLEAN AND ALL DEBRI REMOVED. ANY LESSOR APPLIANCES SHALL BE LEFT IN GOOD WORKING ORDER MAKE FUNDS PAYABLE TO: WALZ & WALZ ATTORNEYS AT LAW, RE: SHULER VS SHULER ESCROW ACCT. SEND COMPENSATION TO: MICHELLE SWARTZ @ 30 MEADOW BROOK ROAD, CARLISLE, PA.17013 I HAVE RECEIVED A COPY OF THIS DOCUMENT: INITIAL DENA DUPERT ? BOBBY JOE DUPERT DAVID MYERS SINCERELY, HARV`EL7LER III C-3 La ril C h DEC 2 62001 HARVEY M. SHULER, III, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA, V. NO.5424 ' e S ROBIN M. RONEMUS-SHULER, DEFENDANT CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 3/0;r' day of Z- , 2061_, a hearing is set to hear testimony on the Petition for Special Relief, filed by Petitioner, on the bday of 20 0 9 at 3•m' M. at the Cumberland County Courthouse, Carlisle, Pennsylvania, in Courtroom o BY Cc: Judith T. Walz, Esq. P. Richard Wagner, Esq. File Court Administrator Judge Edward 06F st-S /n.1 ELCL /A/D g C {i :g W Z- Nvr oooz HARVEY M. SHULER, Plaintiff, V. ROBIN M. RONEMUS-SHULER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 5424-05 : CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this ? day of ?t? 91 2008, upon request of both ff W, J. the Cumberland County Courthouse, Carlisle, Pennsylvania, shall be rescheduled for the ?/ l??eC VGS064 day of,/ l; i 2 &A R _?, 2008, at 0 o'clock, ? m. in Courtroom No. 3 of the counsel, the hearing set for Thursday, January 10, 2008, at 3:30 p.m. in Courtroom No. 3 of ,V I41 Cumberland County Courthouse, Carlisle, Pennsylvania. BY Distribution: P. Richard Wagner, Esq. Judith T. Walz, Esq. Court Administrator 0/o J L'V?' uuZ 4 _1 V LAW OFFICES MANCKE, WAGNER, SPREHA & MCQUILLAN 2233 NORTH FRONT STREET JOHN B. MANCKE HARRISBURG, PA 17110 PHONE 0717) 234-7051 P. RICHARD WAGNER FAX (117) 2347080 EDWARD F. SPREHA, JR. BRYAN M. MCQUILLAN January 7, 2008 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Shuler v. Shuler No: 5424-05 Dear Judge Guido: Enclosed herein please find a proposed Order for a new date for the hearing rescheduled in the above-captioned matter. As I indicated in my call to your office, I am not available on Thursday, January 10, 2008, at 3:30 p.m., and neither is Judy Walz who also agrees to this continuance. Your attention is appreciated. agner PRW/dks Enclosures cc: Judith T. Walz, Esq. (w/encl.) Court Administrator HARVEY M. SHULER, V. Plaintiff ROBIN M. RONEMUS-SHULER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, NO. 5424-05 CIVIL ACTION- LAW IN DIVORCE MOTION FOR CONTINUANCE NOW, this day of January, 2008, comes counsel for the Defendant, Robin M. Ronemus-Shuler, and presents the following: 1. On or about, January 15, 2008, Your Honorable Court scheduled a hearing on Defendants Petition for Special Relief in the above captioned matter for Wednesday, February 27, 2008, at 3:00 p.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. Attorney Judith T. Walz has a previously scheduled vacation from February 22, 2008 to February 29, 2008 and will not be available for the date and time mentioned above. 3. P. Richard Wagner, Attorney for Plaintiff does concur to this request for continuance. 4. There has been one previous request for Continuance in the above-captioned case by Attorney Wagner. WHEREFORE, undersigned counsel for the Defendant respectfully requests this Honorable Court Order a continuance of this matter to the next available date. Respectfully submitted, WALZ & WALZ, ATTORNEYS AT LAW, P.C. alz 4mAeyy T. W ID No.06349 341 Market Street Newport, PA 17074 717-567-6993 Attorneys for Plaintiff ? ? -? t?..? np ?r, w r ? ?r t ' CIt°? 1 'r" ?? ? ?, ? ?:? ,,,J A HARVEY M. SHULER, Plaintiff V. ROBIN M. RONEMUS-SHULER, Defendant AND NOW, this .S4 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA, : NO: 5424-05 : CIVIL ACTION -LAW IN DIVORCE ORDER 4 2006 day of_ E, 2008, upon review of the within Motion for Continuance, it is hereby ordered that the hearing set for Wednesday, February 27, 2008, at 3:00 p.m. in Courtroom No. ,,3 Aof ttthe Cumberland Counn Courthouse, Carli e, Pennsylvania, shall be rescheduled for - www-ww 9- the AX day of , 2008, at P' D G o'clock )0m. in Courtroom No. -3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Cc:/ ith T. Walz, Esq. Richard Wagner, Esq. Court Administrator J. Vi N' VAIASN N],,? 6 d :8 R 9- 833 80OZ AiKU4 1;11!0dd 3a AG 3DIA40 -Q3` U HARVEY M. SHULER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 5424-05 CIVIL ACTION LAW ROBIN M. RONEMUS-SHULER, Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 12th day of March, 2008, in response to the Petition For Special Relief, we enter the following order: 1. The marital real estate shall hereafter be controlled by a property manager to be retained jointly by the parties. Said property manager shall be a bona fide property mangager that is in the regular business of managing property. The property manager shall be chosen by Wife and may assume control of the property immediately. Said property manager shall have the authority to rent said property, to enter into valid leases, and to make necessary repairs and maintenance. 2. The Master shall determine to what extent, if any, Husband is responsible for losing income as a result of the alleged mismanagement of the properties. 3. The Master shall also determine what, if any, charges should be attributed to husband as a result of his living in one of the properties. Richard Wagner, Esquire For the Plaintiff /udith T. Walz, Esquire J Shaubut C. Walz, III, Esquire For the Defendant :mlc 6e- t. 0 ROBIN M. RONEMUS-SHULER, Plaintiff VS HARVEY SHULER, III, Defendant IN RE: PETI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5424-05 CIVIL ACTION LAW IN DIVORCE LION FOR SPECIAL RELIEF AMENDED ORDER OF COURT AND NOW, this 28th day of April, 2008, the Order of Court dated March 12th, 2008, is amended to reflect the correct caption above. In all other respects, the previous order shall remain in full force and By the Edward E. Guido, J. P. Richard Wagner, Esquire For the Defendant ?Judith T. Walz, Esquire Shaubut C. Walz, III, Esquire For the Plaintiff :mlc I y/?4?og ?i? L ?F t?lv 6C ?8 ODG1 :lHi JO ROBIN M. RONEMUS-SHULER, Plaintiff VS. HARVEY M. SHULER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5424 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this q` day of 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated July 25, 2008, 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, cc: ?dith T. Walz Attorney for Plaintiff ,,P! Richard Wagner Attorney for Defendant ?, C) 0' 0 0 }! ca u ~ .?? ?,wyry L? ROBIN M. RONEMUS-SHULER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA HARVEY M. SHULER Defendant : CIVIL ACTION -LAW : IN DIVORCE : NO. 05-5424 'AI. SE1"fI.?MENT AG??I?1VT TINS AfiREEMEPT, made thisa day of ! 2008 by and between HARVEY M. SHULER, III, hereinafter referred to as "HUSBAND", and ROBIN M. RONEMUS - SHULER, hereinafter referred to as "Wife"; hEREAS, Husband and Wife were lawfully married December 27, 1997 at Shermans Dale, Pennsylvania; VA lWAS, differences have arisen between Husband and Wife in consequence of . which they have determined they shall live separate and apart from each other, having separated in April, 2005, and that they shall be divorced from the bonds of matrimony; Wife filed for a no-fault divorce on October 18, 2005; WI KAS, Husband and Wife are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future spousal support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOWT OE, for and in consideration the mutual promises herein contained, and in consideration of other good and valuable considerations, and intending to be legally bound hereby, the parties mutually promise, covenant and agree as follows: 1. Agreement Not A Bar To Divorce ProceedinLys: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either parry. This agreement is not intended to condone and shall not be deemed to be a condonation on the part of either parry 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. 2. Effect Of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. Personal Rights: A. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. B. 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 or endeavor to molest the other, nor compel the other to cohabit 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. 4. Entire Agreement: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 5. Discovery/Financial Disclosure: The parties agree and acknowledge that they have each had an opportunity to conduct discovery and investigation of the assets and debts of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income, as well as debts, to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets.and debts, whether separate or marital, prior to. entry into this Agreement. Both Husband and Wife acknowledge that they have had full and fair disclosure of all assets and debts prior to the execution of this Agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties' income and financial condition. 6. Debts Of The Parties: Husband shall hereafter be responsible for any and all debts in his name alone. Wife shall hereafter be responsible for any and all debts in her name alone. All debts incurred by Husband and listed on his Bankruptcy Petition shall be solely the responsibility (if any responsibility remains after the bankruptcy) of Husband's. Husband shall be solely responsible for any and all taxes or assessments claimed due from any government agency as a result of the operation of his business, Shuler Enterprises. Husband shall further be solely responsible for any taxes due and payable as a result of any rents paid to him from tenants of the real estate that Husband will be receiving as a result of this marital settlement. Husband shall further be solely responsible for all lease agreements with tenants who occupied or used the couple's real estate and which now shall become entirely Husband's real estate. Husband shall hold Wife harmless from.the beginning of time to the end of time for any and all claims, expenses, etc. arising out of the ownership of the real estate that Husband is receiving in this divorce settlement. In the event that Wife is involved in any audits as a result of tax returns filed during the course of the couple's marriage concerning the operation of husband's business, Shuler Enterprises, and/or the rental income that Husband controlled during the separation of the couple, Husband agrees to assume full financial responsibility for any and all legal, accounting and/or other professional fees charged to Wife relating thereto. Wife shall be solely responsible for any and all taxes or assessments claimed due from any government agency as a result of Wife's leasing, if any have been done, of the real estate that she is receiving in this marital settlement. Wife shall be solely responsible for any and all taxes due on the liquidation of the Morgan Stanley account and shall hold Husband harmless for forever and all time for such taxes due thereon. Husband and Wife each represent and warrant to each other that from and after the date of their separation, he or she respectively has not or will not contract or incur any debt or liability for which he and she respectively or his or her estate might be responsible, and shall indemnify and save harmless Husband and Wife from any and all claims or demands made against him or her, respectively, by reason of any such debts or obligations incurred by him or her after the date of their separation, except as indicated in this Agreement. Husband and Wife shall hold each other harmless from any liability and/or damage whatever that accrues to Husband/Wife as a result of failure of Husband/Wife respectively, to fulfill the total obligation which he/she hereby agrees to assume herein. 7. Support, Alimony, Alimony Pendente Lite, Counsel Fees and Costs: Husband and Wife each waive his/her claim for spousal support, alimony,.. alimony pendente lite, counsel fees and costs: Husband agrees that he will continue to pay child support for Heather in at least the amount of $)],4,6,00 a month,. 5c c,1 ¢4 8. Real Estate: A. The parties agree that Wife is the sole owner of Lots 18 and 19, 4 Central Blvd., Camp Hill, Pennsylvania, which property, with improvements, was inherited by Wife; as well as Lots 10 and 11, Oakwood Park, Conodoguinet Avenue, Camp Hill, Pennsylvania,. Husband hereby releases and quitclaims, forever and for all times, any claim that he could make as spouse of Wife in the increased value of said Camp Hill properties, thereby forever freeing Wife from any and all claims, marital or otherwise, in said properties. Said property is subject to a mortgage held by Commerce Bank, NA, with an approximate balance of $50,000.00; said mortgage is in the sole name of Wife and shall henceforth be the sole responsibility of Wife. B. The parties agree that they are currently the joint owners of the following real estate: 1. 555 & 545 Shuler Road, Shermansdale, Perry County, Pennsylvania, which was the former marital home of the couple and subject to a mortgage titled in joint names of Husband and Wife, held by CitiMortgage, having a balance of approximately Forty Thousand ($40,000.00). Wife agrees to sign a Quitclaim Deed to Husband of all her right, title and interest, in said property. In consideration therefore, Husband agrees to refinance the said mortgage so as to remove Wife's name and all financial responsibility from said mortgage. Husband shall complete the financing process for the new mortgage and have the settlement (to include the payment of any and all real estate taxes and insurances that are due and payable, but that are not currently paid, against the properties that he is getting herein described) within thirty (30) days of the date this Agreement is executed. Wife agrees to execute and deliver the Quitclaim deed releasing Wife's interest in the real estate at the same time that Husband shall execute and deliver to Wife releases of his interest in the Morgan Stanley Account and all paperwork relating thereto with Husband's attorney preparing the Quitclaim deed. Said executed Deed shall be delivered to Husband's attorney to be held by him in escrow awaiting the completion of the refinancing settlement. Immediately upon execution of this Agreement, Husband is hereby granted exclusive possession of the marital real estate while the refinancing is taking place and the couple is waiting for settlement Settlement on the refinancing mortgage must occur within thirty (30) days of the date of execution of this Marital Settlement Agreement. Time is of the essence. In the event that the refinancing settlement does not occur by the allotted time and Wife demands a return of the Deed in Escrow, Husband's attorney shall return the Deed held in Escrow within five (5) days of demand by Wife and the right of exclusive possession of the said real estate shall expire immediately, with the parties being returned to the status quo when they entered into this Marital Settlement Agreement. Ate saw , `?'rzrii a agFeen=nt. While Husband is in exclusive possession of said real property, he shall be solely and exclusively responsible for the payment of the entire mortgage even though it is in the joint names of the couple,. and all other expenses relating to the said real estate. Husband will assume all liability from the beginning of time until the end of the world for the said property. Husband will keep insurance in both names until all deeds to properties are executed and delivered to Grantee. C. 510-503 Shuler Road, Sherman Dale, Pennsylvania, which is unencumbered. Wife agrees to convey to Husband by Quitclaim Deed all her right, title and interest, in said property. Delivery of the executed Deed to 510-503 Shuler Road shall occur only after the refinancing of the mortgage encumbering 555 & 545 Shuler Road is complete. Said deed shall be prepared by Husband's attorney and presented to Wife's attorney so that Wife can deliver her executed deed to 510-503 Shuler Road promptly following the refinancing settlement of the mortgage encumbering 555 & 545 Shuler Road. Exclusive possession shall occur immediately, however, for 510-503 Shuler Road, which shall cause Husband to be responsible for all expenses relating to said real estate immediately following execution of this Marital Settlement Agreement. Husband will assume all liability from the beginning of time until the end of the world for the said property. Husband will keep insurance in both names until all deeds to properties are executed and delivered to Grantee. D. 995 Farwell, Renovo, Pennsylvania. Wife agrees to convey to Husband all her right, title and interest, in said property by Quitclaim Deed. Delivery of the executed Deed to 995 Farwell, Renovo, Pa. shall occur only after the refinancing of the mortgage encumbering 555 & 545 Shuler Road is complete. Said deed shall be prepared by Husband's attorney and presented to Wife's attorney so that Wife can deliver her executed deed to 995 Farwell, Renovo, Pa. promptly following the refinancing settlement of the mortgage encumbering 555 & 545 Shuler Road. Exclusive possession shall occur immediately, however, for 995 Farwell, Renovo, Pa., which shall cause Husband to be responsible for all expenses relating to said real estate immediately following execution of this Marital Settlement Agreement. Husband will assume all liability from the beginning of time until the end of the world for the said property. Husband will keep insurance in both names until all deeds to properties are executed and delivered to Grantee. E. Husband and Wife acknowledge that they received rents from the real estate as described in this Marital Settlement Agreement as well as they have liquidated agreed sums of money from the Morgan Stanley Account that was in the couple's joint names. From the rental income that the parties received which was controlled by Husband, Husband paid marital bills such as the first mortgage encumbering the real estate that Husband now is solely receiving; the second mortgage encumbering the real estate that Husband now is solely receiving which effectively paid for the Ford Expedition that Husband is now solely receiving; some of the insurance bills on the real estate that Husband is now solely receiving, as well as the water and sewer bills for the Renovo property that Husband is now solely receiving. Further, upon liquidation of certain investments of the Morgan Stanley account, the proceeds were transferred into the hands of wife's attorney's Iolta Account, from which Walz & Walz paid bills that were due and owing by the parties concerning the properties that the couple were arguing over in equitable distribution of the assets and liabilities. Wife received the advantage of payment of some of her mortgage payments on a mortgage encumbering her Camp Hill properties that only she shall receive in this marital settlement. Wife also received the advantage of the payment of some of her real estate taxes and insurance premiums on her Camp Hill properties; while Husband received the advantage of the payment of all of the real estate taxes and insurance premiums (incurred through 2007) relating to the real properties that Husband is getting. Except as indicated in this Agreement, the parties agree that Husband and Wife, respectively, shall be solely liable for the payment of the mortgage, real estate taxes, and insurance premiums for the year 200 8 and prospective years relating to the real estate that he/she respectively receives in this Marital Settlement Agreement. Husband shall be solely responsible for any and all income taxes on the rental income that the parties received during their separation whether the rental income was used to the advantage of Husband or Wife; Wife hereby agrees that Wife shall be solely responsible for any and all income taxes on the liquidation of the Morgan Stanley Account which the parties liquidated during their separation by Stipulation of the parties, whether the liquidated assets were used to the advantage of Husband or Wife. In addition to the accounting that Husband and Wife have received by Walz & Walz, Attorneys at Law, P. C. previously, Husband and Wife agree that the Morgan Stanley Funds in the Iolta Account of Wife's attorney was used to pay the following last bills of the couple prior to entering into their verbal settlement agreement that Wife has requested be placed in writing: the 2007 real estate taxes for 510 Shuler Road, Sherman Dale, Pennsylvania in the total amount of $2,154.26, the 2007 real estates taxes for 545 Shuler Road, Sherman Dale, Pennsylvania in the total amount of $2,677.31, the 2007 school taxes for Renovo Property in the amount of $284.96, the insurance premium for Donegal Mutual Insurance Co., in the amount of $497.50; the delinquency of $506.00 for the Renovo property water and $220.53 for the Renovo property sewer bill, and reimbursement to Wife. of certain 2007.and 2008 Mortgage payments in the amount of $4,224.75 being the payment of her monthly mortgage from August 2007 through April 2008, it being noted that Wife had, in fact, been reimbursed for some of her 2008 mortgage payments when the parties discussed their verbal agreement that led to Wife's request to place their agreement in writing. Husband agrees. to waive any complaint that Wife was reimbursed for mortgage payments made in 2008; however the parties agree that Husband shall not be reimbursed for the payment by him from his personal funds of the mortgage encumbering the Perry County real estate; and Husband waives his right under the Court Order requiring payment from Iolta funds of the Perry County property mortgage, it being the agreement of the parties that Husband has at this time received all the payments from said Iolta Account that he is ever going to receive. Husband and Wife agree what remains in the Iolta account out of the liquidations of the Morgan Stanley Account funds shall hereafter belong to Wife in consideration of the other terms and conditions in this Marital Settlement Agreement. Husband and . Wife shall hereafter each be solely responsible for all bills (including any liens, judgments or other claims made) relating to the real estate that he and she, respectively, have been assigned to receive under this Marital Settlement Agreement. 9. Personal Property: a. Tangible Personal Property: The parties declare that they ve secured ?C GYCAVf As 'W4 (k. - possession of all. tangible personal properoreparately and individually owned by each party and further, that they have divided all jointly owned tangible personal property between themselves; and that the right, title and interest of each of the parties hereto in the items of jointly held personal property now possessed by each party shall be hereafter deemed the separate and sole property of the possessor of same. b. Wife shall retain the entire balance in the Morgan Stanley Account as her sole and separate property as well as the entire balance of the funds remaining in the Iolta Account which relates to the liquidation of the .Morgan Stanley Account funds. Husband agrees to execute any and all paperwork necessary to effectuate the transfer of Husband's interest to Wife, and to release the hold that is currently on the said account which occurred as a result of the separation of the couple. This execution of all paperwork shall occur at the same time that the deed to 555-545 Shuler Road is executed. The party's attorneys shall attempt to have all the necessary paperwork prepared for the exchange of executed quitclaim deed for the execution of necessary paperwork to transfer the Morgan Stanley Account over to Wife; in the event that supplemental paperwork (,)'W shall be necessary, then Husband and Wife agree to meet in order to duly execute paperwork necessary to effectuate this agreement of the parties. Husband and Wife hereby agree to sign a Petition to the Court to vacate that portion of the Court Order which places a hold on the Morgan Stanley Account so as to free up the Morgan Stanley Account for the sole use of Wife in any manner that she desires. c. Commerce Bank Account . (This was raised as an issue by Husband in his Inventory, but which had been consumed for marital bills long before litigation began between the couple.) Husband hereby releases any and all marital claim he could have made in favor of Wife,. who shall hereafter be the sole and separate owner of said account. 10. Automobiles: Husband shall retain his vehicle, the 1999 Ford Expedition, that he took at the time of the separation as his sole and exclusive possession, free from any claim or demand by Wife, except that Husband shall provide to Wife proof of his obtaining of his own automobile insurance insuring said vehicle effective at the time of Wife's execution of the Title from Wife to Husband. While the title for said vehicle is being processed by PennDot, Husband agrees to hold Wife harmless from any and all claims that are made against her as a result of Husband's vehicle being driven by Husband and/or his authorized drivers. Husband shall hereafter be responsible for any and all insurances, costs, and liabilities associated with his vehicle. Wife shall retain two vehicles that she had at the time of the separation, a 1988 Subaru GL 4 x 4 and a 1973 Datsun 240 Z, as her sole and exclusive possession, free from any claim or demand by Husband. Wife shall hereafter be responsible for any and all insurances, costs; and liabilities associated with her vehicles. Wife shall also retain the 1994 Jeep that she acquired post separation free of claim by Husband. 11. Retirement Plans and Insurances: Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(k) Plan, 403(b) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement plan or plans of the other Party, acquired in the past or future by the other party, whether acquired through said Party's employment or otherwise (hereinafter "Retirement Plans"). Hereafter, the Retirement Plans shall become the sole and separate property of the Party in whose name or through whose employment said plan or account is held or carried. . Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title interest or claim, whatever it may be, in any insurance policy or insurance account of the other party, acquired in the past or future by the other party, whether acquired through said party's employment or other wise. Hereafter, the insurance polices shall become the sole and separate property of the party in whose name or through whose employment said policy or account is held or carried. As of the date of this Agreement, neither party shall be obligated to maintain any life insurance policy on himself or herself for and on behalf of the other. Neither party shall be the beneficiary of any life insurance policy that insures the life of the other. Each party specifically releases, waives and forever discharges any right that he or she may have now or in the future as beneficiary or named beneficiary of life insurance or death benefits of the other. Each party forever releases and discharges the other from any claim or action for such rights. 12. No-Fault, Uncontested, Consent Divorce: Husband and. Wife acknowledge that the marriage has become such that they have to live separate and apart from each other. Wife has filed for a no-fault divorce. It is agreed that both parties will be cooperative in obtaining the divorce and that both parties will promptly reply to all requests by the other party related to obtaining the divorce. 13. Mutual Release: Husband and Wife each does hereby mutually release, remise, quit-claim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles 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 each other, of whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may have against each other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or byway of dower or curtesy, or claims in the nature of dower or curtesy or widow's rights or widower's rights, family exemption or similar allowance, or under the Intestate Law, or the rights to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of the surviving spouse to participate in a deceased spouse's estate or any right which a wife or a husband may have or at any time hereafter may have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any part hereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full and complete general release with respect to any and all property of any kind or nature, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatever nature arising or which may arise under this Agreement or for the breach of any part of this Agreement, subject, however, to the implementations and satisfaction of the conditions precedent as set forth herein above. 14. Mutual Cooperation: Husband and Wife agree that each will forthwith (and within at least thirty (30) days after demand therefore) execute any and all writings, instruments, assignments, or releases, satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the proper effectuation of this Agreement. 15. Reconciliation: This Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. There shall be no modification or waiver of any of the terns hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and to discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that they have been fully informed and are fully acquainted with the legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party enters into this Agreement, and the terms of this paragraph, freely, voluntarily and with full knowledge and understanding. 16. Modification and Waiver: A modification or waiver of any 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 default of the same or similar nature. 17. Negotiations By Parties: Each party acknowledges that the terms of this Agreement were negotiated directly by each other. Each party has instructed his or her attorney to refrain and each party has himself and herself refrained from undertaking formal discovery proceedings, accounting procedures or other investigative efforts authorized by law in order to obtain an early, amicable and expeditious settlement of the dissolution of their marriage. Each party further agrees and acknowledges that his or her attorney has not undertaken any independent investigation or engaged in formal or informal discovery proceedings relating to the extent or value of assets described herein, but has relied solely upon information supplied by the parties relating to those matters and upon the terms and conditions negotiated by the parties, and any appraisals that might have been obtained by the parties. 18. Advice of Counsel: This Agreement contains the entire understanding of the parties who expressly acknowledge that this Agreement has been entered into by his or her own volition, with full knowledge of the facts and full information as to the legal rights and liabilities of each other, after consultation with counsel of his or her own choosing, or being informed to retain counsel of his or her own choosing, and each believes'this Agreement to be reasonable under the circumstances, being fully informed of all property owned by each other, and each hereby acknowledges that there have been and are no representations, warranties, covenants or agreements other than those expressly set forth herein. HUSBAND, HARVEY M. SHULER, III, IS REPRESENTED BY P. RICHARD WAGNER, ESQ. WIFE, ROBIN M. RONEMUS-SHULER, IS REPRESENTED BY JUDITH T. WALZ, ESQ. 19. Tag Advice: Each party acknowledges that his or her counsel has not made any representations to that party regarding the tax consequences or tax effect of any of the matters set forth herein, and has instead advised him or her to seek the assistance of an accountant or tax attorney to provide advice as to the tax consequences of this Agreement or any ramifications thereof, and that each party's counsel has given no recommendation, advice, opinion or statement concerning the tax consequences of this Agreement. 20. Agreement BindinLy on Heirs: The death of either party hereto shall not terminate the requirements of this Agreement for any and all payments or settlements to be made hereunder. Any payments due hereunder shall be made by the personal representative or executor of the deceased from his or her estate. This Agreement shall be binding upon the heirs, executors, administrators, legal representatives and assigns of both parties hereto. 21. General Duty to Indemnifv: Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable. Each Party covenants that if any claim, action or proceeding is initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the marriage of the Parties for which that Party is responsible under the terms of this Agreement, the responsible Party will, at his or her sole expense, defend the other against the claim, action, or proceeding. In addition, each Party covenants that he or she will indemnify and hold harmless the other Party with respect to all Damages resulting from the proceeding. The term "Damages", as used in this Agreement, shall include, without limitation, any loss, cost or other liability that results from the prosecution of any claim, action, or proceeding, including reasonable attorneys' fees and other expenses incurred in the prosecution of the claim, action, or proceeding or in an attempt to avoid such litigation. To be includible, "Damages" must result from an inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any litigation, demand, claim, action or proceeding that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph. 22. Headings Not a Part of Agreement: Any headings preceding the text of the several Paragraphs and Subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. Void Clauses and Severabilitv: 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. 24. Warranty: Husband and Wife acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 25. Law of Pennsylvania Applicable: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 26. Agreement Part of Divorce Decree: Husband and Wife agree that this Agreement is to have all the force and effect of a Court Order, and, upon Divorce, shall be included as part of the Divorce Decree. 27. Enforceability of Agreement: In the event any paragraph or portion of a paragraph contained in this written Agreement is deemed illegal or unenforceable, the entire remaining portion of the Agreement shall, nevertheless, remain enforceable as a valid contract. 28. Survival Bevond Divorce Decree: The parties hereby acknowledge that they have accepted the within Marital Settlement Agreement as a final settlement for all purposes whatsoever between themselves as contemplated by the Pennsylvania Divorce Code. Should a Decree, Judgment, or Order of Separation of a Divorce be obtained by either of the parties in this or any other state, each of the parties hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation or divorce; and nothing in any such Decree, Judgment, or Order or further modification or revision thereof, shall alter, amend or vary any terra of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of Divorce or Separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any Divorce, Judgment or Decree for the purposes of enforceability only. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment or Decree, and to be forever binding and conclusive upon the parties. 29. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 30. Effective Date: This Agreement shall be immediately effective upon execution by the parties and is not subject to any conditions precedent such as the parties' divorce. 31. Sanctions for Non-Compliance: If a party fails to comply with any of the terms and conditions of this Agreement, the defaulting party shall pay the reasonable attorney's fees of the non-defaulting party if that party needs to seek Court intervention in enforcing any of the terms and conditions of this agreement IN VATMM 1AMOF, the parties have signed this Agreement on the day and year first above written. EAL) r' (SEAL) :::::- P• MATTORNEY FOR -' Y M. SHUL, SEAL) R 1N M. RONE S-SHULER (SEAL) T. W Z, ATTORNE? BIN M. RONEMUS-SHULER ROBIN RONEMUS-SHULER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 05-5424 -CIVIL TERM HARVEY SHULER, III, Defendant. : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 18, 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. 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. Section 4904, relating to unswom falsification to authorities. DATE: ?_ ? r - ?---? ?,._, - ; ,;. ; ;., . }, ww?y ` ? ?} ?.? "?t '? 3 .,.? ? .4J ?w.. .. ROBIN RONEMUS-SHULER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : v. HARVEY SHULER, III, Defendant. : NO. 05-5424 - CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. §4904 relating to unsworn falsification to authorities. h9 _ D L.. rQ ':.y ROBIN M. RONEMUS-SHULER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA HARVEY M. SHULER Defendant : CIVIL ACTION - LAW : IN DIVORCE : NO. 05-5424 2008 by and bet*een HARVEY INS AGREEMENT, made thisaeday of 14 M. SHULER, III, hereinafter referred to as "HUSBAND", and ROBIN M. RONEMUS - SHULER, hereinafter referred to as "Wife"; WIM E*S, Husband and Wife were lawfully married December 27,11997 at Sherman Dale, Pennsylvania; YAWREkS, differences have arisen between Husband and Wife in consequence of. which they have determined they shall live separate and apart from each other, hawing separated in April, 2005, and that they shall be divorced from the bonds of matrimony; Wife filed for a no-fault divorce on October 18, 2005; MAMEAS, Husband and Wife are desirous of settling fully and final their respective financial and property rights and obligations as between each other inc?uding, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future spousal support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THIiB, for and in consideration the mutual promises herein contained, and in consideration of other good and valuable considerations, and intending to be legally bound hereby, the parties mutually promise, covenant and agree as follows: 1. Agreement Not A Bar To Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This agreement is not intended to condone and shall not be deemed 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. 2. Effect Of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. Personal Rights: A. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. B. 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 or endeavor to molest the other, nor compel the other to cohabit 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. 4. Entire Agreement: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 5. Discovery/Financial Disclosure: The parties agree and acknowledge that they have each had an opportunity to conduct discovery and investigation of the assets and debts of both parties. The pa?'ies agree and acknowledge that they have made full and fair disclosure of all of their assets and i?come, as well as debts, to the other party. The parties acknowledge that they have both been given tte opportunity to conduct investigation into all assets and debts, whether separate or marital, prior to Ontry into this Agreement. Both Husband and Wife acknowledge that they have had full and fair disclosure of all assets and debts prior to the execution of this Agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties' income and financial cond?tion. 6. Debts Of The Parties: Husband shall hereafter be responsible for any and all debts in his name alone. Wife shall hereafter be responsible for any and all debts in her name alone. All debts incurred by Husband and listed on his Bankruptcy Petition shall be solely the responsibility (if any responsibility remains after the bankruptcy) of Husband's. Husband shall be solely responsible for any and all taxes or apsessments claimed due from any government agency as a result of the operation of his business, Shuler Enterprises. Husband shall further be solely responsible for any taxes due and payable as a result of any rents paid to him from tenants of the real estate that Husband will b$ receiving as a result of this marital settlement. Husband shall further be solely responsible for all lease agreements with tenants who occupied or used the couple's real estate and which) now shall become entirely Husband's real estate. Husband shall hold Wife harmless from the beginning of time to the end of time for any and all claims, expenses, etc. arising out of the ownership of the real estate that Husband is receiving in this divorce settlement. In the event th?t Wife is involved in any audits as a result of tax returns filed during the course of the coupe's marriage concerning the operation of husband's business, Shuler Enterprises, and/or the rental income that Husband controlled during the separation of the couple, Husband agrees to as?sume full financial responsibility for any and all legal, accounting and/or other professional "fees charged to Wife relating thereto. Wife shall be solely responsible for any and all taxes or assel ssments claimed due from any government agency as a result of Wife's leasing, if any have been done, of the real estate that she is receiving in this marital settlement. Wife shall be solely responsible for any and all taxes due on the liquidation of the Morgan Stanley account and shall hold Husband harmless for forever and all time for such taxes due thereon. ?I Husband and Wife each represent and warrant to each other That from and after the date of their separation, he or she respectively has not or will not contract or incur any debt or liability for which he and she respectively or his or her estate might be responsible, and i shall indemnify and save harmless Husband and Wife from any and all claims or demands made against him or her, respectively, by reason of any such debts or obligations incured by him or her after the date of their separation, except as indicated in this Agreement. Husband and Wife shall hold each other harmless from any liability and/or damage whatever that accrues to Husband/Wife as a result of failure of Husband !/Wife respectively, to fulfill the total obligation which he/she hereby agrees to assume herein. 7. Suuyort, Alimony, Alimony Pendente Lite, Counsel Fees and Costs: Husband and Wife each waive his/her claim for spousal support, alimony, alimony pendente lite, counsel fees and costs. Husband agrees that he will continue to pay child support for Heather in at least the amo t of $g6.00 a month. S w ,I e 1 8. Real Estate: A. The parties agree that Wife is the sole owner of Lots 18 and 19, 4 Central Blvd., Camp Hill, Pennsylvania, which property, with improvements, was inherited by Wife; as well as Lots 10 and 11, Oakwood Park, Conodoguinet Avenue, Camp Hill, Pennsylvania,. Husband hereby releases and quitclaims, forever and for all times, any claim that he could make as spouse of Wife in the increased value of said Camp Hill properties, thereby forever freeing Wife from any and all claims, marital or otherwise, in said properties. Said property is subject to '? mortgage held by Commerce Bank, N.A, with an approximate balance of $50,000.00; said mortgage is in the sole name of Wife and shall henceforth be the sole responsibility of Wife. B. The parties agree that they are currently the joint ownersl,of the following real estate: 1. 555 & 545 Shuler Road, Shermansdale, Perry County, Pennsylvania, which was the former marital home of the couple and subject to a mortgage titled in joint names of Husband and Wife, held by CitiMortgage, having a balance of approximately Forty Thousand ($40,000.00). Wife agrees to sin a Quitclaim Deed to Husband of all her right, title and interest; in said property. In consideration therefore, Husband agrees to refinance the said mortgage so as to remove Wife's name and all financial responsibility from said mortgage. Husband shall] complete the financing process for the new mortgage and have the settlement (to include the payment of any and all real estate axes and insurances that are due and payable, but that are not currently paid, against the properties that he is getting herein described) within thirty (30) days of the date this Agreement is executed. Wife agrees to execute and deliver the Quitclaim deed releasing Wife's interest in the real estate at the same time ll at Husband shall execute and deliver to Wife releases of his interest in the Morgan Stanley Account and all paperwork relating thereto with Husband's attorney preparing the Quitclaim deed. $aid executed Deed shall be delivered to Husband's attorney to be held by him in escrow awaiting the completion of the refinancing settlement. Immediately upon execution of this Agreement, Husband is hereby granted exclusive possession of the marital heal estate while the refinancing is taking place and the couple is waiting for settlement. Settlement on the refinancing mortgage must occur within thirty (30) days of the date of execution of this Marital Settlement Agreement. Time is of the essence. the refinancing settlement does not occur by the Wife demands a return of the Deed in Escrow, I attorney shall return the Deed held in Escrow w days of demand by Wife and the right of exclusi the said real estate shall expire immediately, wit being returned to the status quo when they enter Marital Settlement Agreement. the event that time and un five (5) possession of the parties 1 into this agFeemetit. While Husband is in exclusive possession of said real property, he shall be solely and exclusively responsible for the payment of the entire mortgage even though itlis in the joint names of the couple, and all other expenses relating to the said real estate. Husband will assume all liability from,the beginning of time until the end of the world for the said prop?rty. Husband will keep insurance in both names until all deeds to properties are executed and delivered to Grantee. C. 510-503 Shuler Road, Sherman Dale, Pennsylvania, which is unencumbered. Wife agrees to convey to Husband by Qut claim Deed all her right, title and interest, in said property. Delivery of the executed Deed to 510-503 Shuler Road shall occur only after the refinancing of A the mortgage encumbering 555 & 545 Shuler Road is comilete. Said deed shall be prepared by Husband's attorney and presented to Wife's attorney so that Wife can deliver her executed deed to 510-$03 Shuler 1-045 V Road promptly following the refinancing settlement of the mortgage encumbering 555 & 545 Shuler Road. Exclusive possession shall occur immediately, however, for 510-503 Shuler Road, which shall cause Husband to be responsible for all expenses relating to said real estate immediately following execution of this Marital Settlement Agreement. Husband will assume all liability from the beginning of time until the end of the world for the said property. Husband will keep insurance in both names until all deeds to properties are executed and delivered to Grantee. D. 995 Farwell, Renovo, Pennsylvania. Wife agrees to c?nvey to Husband all her right, title and interest, in said property by Quitclaim Deed. Delivery of the executed Deed to 995 Farwell, Re? ovo, Pa. shall occur only after the refinancing of the mortgage encumbering 555 & 545 Shuler Road is complete. Said deed shall be prepared by Husband's attorney and presented to Wife's attorney so that Wife can deliver her executed deed to 995 Farwell, Renovo, Pa. promptly following the refinancing settlement of the mortgage encumbering 555 545 Shuler Road. Exclusive possession shall occur immediately, however, for 995 Farwell, Renovo, Pa., which shall cause Husband to be responsible for all expenses relating to said real estate immediately following execution of this Marital Settlement Agreement. Husband will assume all liability from the beginning of time until the end of the world for tl?e said property. Husband will keep insurance in both names until all deeds to properties are executed and delivered to Grantee. E. Husband and Wife acknowledge that they received rents film the real estate as described in this Marital Settlement Agreement a well as they have liquidated agreed sums of money from the Morgan Sanley Account that was in the couple's joint names. From the rental income that the parties received which was controlled by Husband, Husband paid marital bills such as the first mortgage encumbering the real estate that Husband now is solely receiving; the second mortgage encumbering i the real estate that Husband now is solely receiving which effectively paid for the Ford Expedition that Husband is now solely ?eceiving; some of the insurance bills on the real estate that Husband is nl w solely receiving, as well as the water and sewer bills for the Re?ovo property that Husband is now solely receiving. Further, upon liquidation of certain investments of the Morgan Stanley account, the p?roceeds were transferred into the hands of wife's attorney's Iolta Accoi nt, from which Walz & Walz paid bills that were due and owing by the parties concerning the properties that the couple were arguing o?er in equitable distribution of the assets and liabilities. Wife received the advantage of payment of some of her mortgage payments on a mortgage encumbering her Camp Hill properties that only she shall receive in this marital settlement. Wife also received the advantage of the payment of some of her real estate taxes and insurance premiums on her Camp Hill properties; while Husband received the advantage of the payment of all of the real estate taxes and insurance premiums (incurred prough 2007) relating to the real properties that Husband is getting. Except as indicated in this Agreement, the parties agree that Husband and Wife, respectively, shall be solely liable for the ayment of the mortgage, real estate taxes, and insurance premiums for the year 200$ and prospective years relating to the real estate that he/she respectilvely receives in this Marital Settlement Agreement. Husband shall be solely responsible i for any and all income taxes on the rental income that the part' s received during their separation whether the rental income was used to he advantage of Husband or Wife; Wife hereby agrees that Wife shall be solely responsible for any and all income taxes on the liquidation of the Morgan Stanley Account which the parties liquidated during their separation by Stipulation of the parties, whether the liquidated assets were?lused to the advantage of Husband or Wife. In addition to the accounting that Husband and Wife have received by Walz & Walz, Attorneys at Law, P. C. previously, Husband and Wife agree that the Morgan Stanley Funds in the Iolta Account of Wife's attorney was used to pay the following last bills of the couple prior to I?entering into their verbal settlement agreement that Wife has requested be (placed in writing: the 2007 real estate taxes for 510 Shuler Road, Shermans Dale, Pennsylvania in the total amount of $2,154.26, the 2007 real estates taxes for 545 Shuler Road, Shermans Dale, Pennsylvania in the total amount of $2,677.31, the 2007 school taxes for Renovo Property in the *mount of $284.96, the insurance premium for Donegal Mutual Insurance Co., in the amount of $497.50; the delinquency of $506.00 for the Ren0o property water and $220.53 for the Renovo property sewer bill, and reimbursement to Wife of certain 2007 and 2008 Mortgage payments in the am?unt of $4,224.75 being the payment of her monthly mortgage from August 2007 through April 2008, it being noted that Wife had, in fact, been reimbursed for some of her 2008 mortgage payments when the parties discussed their verbal agreement that led to Wife's request to place their agre?ment in writing. Husband agrees to waive any complaint that Wife wa? reimbursed for mortgage payments made in 2008; however the parties agr?e that Husband shall not be reimbursed for the payment by him from) his personal funds of the mortgage encumbering the Perry County real estate; and Husband waives his right under the Court Order requiring payient from Iolta funds of the Perry County property mortgage, it being thoj agreement of the parties that Husband has at this time received all the payments from said e -?- c?, s? S (e t e v-) .; L'ors " '?- PAIM"s po-CkL4 e>" loc)y 1 -3 11 )1? Iolta Account that he is ever going to receive. Husband and Wife agree what remains in the Iolta account out of the liquidations of the Morgan Stanley Account funds shall hereafter belong to Wife in consideration of the other terms and conditions in this Marital Settlement Agreement. (Husband and Wife shall hereafter each be solely responsible for all bills (including any liens, judgments or other claims made) relating to the real estate that he and she, respectively, have been assigned to receive under this Marital Settlement Agreement. 9. Personal Property: a. Tangible Personal Pro : The parties declare that the rve secured possession of all tangible personal propert3tceparately anI individually owned by each parry and further, that they have divided all jointly owned tangible personal property between themselves; and that the right, title and interest of each of the parties hereto in the items of jointly held personal property now possessed by each parry shall be hereafter deemed the separate and sole property of the possessor of same. b. Wife shall retain the entire balance in the Morgan Stanley Account as her sole and separate property as well as the entire balance of the funds remaining in the Iolta Account which relates to the liquidation of the Morgan Stanley Account funds. Husband agrees to execute any and all paperwork necessary to effectuate the transfer of Husbandp s interest to Wife, and to release the hold that is currently on the said account which occurred as a result of the separation of the couple. This execution of all paperwork shall occur at the same time that the deed to 55$-545 Shuler Road is executed. The party's attorneys shall attempt to have all the necessary paperwork prepared for the exchange of executed quitclaim deed for the execution of necessary paperwork to transfer the Morgan Stanley Account over to Wife; in the event that supplemental paperwork 1 b.l? F / S IOA tA"S ?A-IV L4- shall be necessary, then Husband and Wife agree to meet in order to duly execute paperwork necessary to effectuate this agreement of the parties. Husband and Wife hereby agree to sign a Petition to the Court to vacate that portion of the Court Order which places a hold on thie Morgan Stanley Account so as to free up the Morgan Stanley Account for the sole use of Wife in any manner that she desires. c. Commerce Bank Account (This was raised as an issue by Husband in his Inventory, but which had been consumed for marital bills long before litigation began between the couple.) Husband hereby releases any and all marital claim he could have made in favor of Wife, who shall hereafter be the sole and separate owner of said account. 10. Automobiles: Husband shall retain his vehicle, the 1999 Ford Expedition, that he took at the time of the separation as his sole and exclusive possession, free from any claim or demand by Wife, except that Husband shall provide to Wife proof of his obtaining of his own automobile insurance insuring said vehicle effective at the time of Wife's execution of the Tile from Wife to Husband. While the title for said vehicle is being processed by PennDot, Husband agrees to hold Wife harmless from any and all claims that are made against her as a result of Husband's vehicle being driven by Husband and/or his authorized drivers. Husband shall hereafter be responsible for any and all insurances, costs, and liabilities associated with his vehicle. Wife shall retain two vehicles that she had at the time of the separation, a 1988 Subaru GL 4 x 4 and a 1973 Datsun 240 Z, as her sole and exclusive possession, Oe from any claim or demand by Husband. Wife shall hereafter be responsible for any and all insurances, costs, and liabilities associated with her vehicles. Wife shall also retain the 1994 Jeep that she acquired post separation free of claim by Husband. 11. Retirement Plans and Insurances: Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may bell in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(k) Plan, 403(b) Pan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other' etirement plan or plans of the other Party, acquired in the past or future by the other party, whether acquired through said Party's employment or otherwise (hereinafter "Retirement Plans"). Hereafter, the Retirement Plans shall become the sole and separate property of the Party in whC se name or through whose employment said plan or account is held or carried. . Husband and Wife agree that each does hereby specifically waive, re?ease, renounce and forever abandon all of their right, title interest or claim, whatever it may be, In any insurance policy or insurance account of the other party, acquired in the past or future by the other party, whether acquired through said party's employment or other wise. Hereafter, the ?nsurance polices shall become the sole and separate property of the party in whose name or through whose employment said policy or account is held or carried. As of the date of this Agreement, neither party shall be obligated to maintain any life insurance policy on himself or herself for and on behalf of the other. Neither party shall be the beneficiary of any life insurance policy that insures the life of the other. Each patty specifically releases, waives and forever discharges any right that he or she may have now or in the future as beneficiary or named beneficiary of life insurance or death benefits of the other. ?ach party forever releases and discharges the other from any claim or action for such rights. 12. No-Fault, Uncontested, Consent Divorce: Husband and Wife acknowledge that the marriage has become) such that they have to live separate and apart from each other. Wife has filed for a no-fault divorce. It is agreed that both parties will be cooperative in obtaining the divorce and that both parties will ;promptly reply to all requests by the other parry related to obtaining the divorce. 13. Mutual Release: Husband and Wife each does hereby mutually release, remise, quit-claim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interest, or claims in or again the property, including income and gain from property hereafter accruing, of the other or against l he estate of each other, of whatever nature and wheresoever situate, which she or he now has, o? at any time hereafter may have against each other, the estate of the other or any part thereof, wh of any former acts, contracts, engagements or liabilities of the other or byway of & or claims in the nature of dower or curtesy or widow's rights or widower's rights, fart or similar allowance, or under the Intestate Law, or the rights to take against the spoj the right to treat a lifetime conveyance by the other as testamentary, or all other right surviving spouse to participate in a deceased spouse's estate or any right which a wif may have or at any time hereafter may have for past, present or future support or ma alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a marital separation or otherwise, except, and only except, all rights and agreements ar of whatsoever nature arising or which may arise under this Agreement or for the bre? hereof. It is the intention of Husband and Wife to give each other by the execution c her arising out er or eurtesy, ly exemption e's Will, or of the or a husband esult of the l obligations ,h of any part this Agreement a full and complete general release with respect to any and all property of any kind or nature, which the other now owns or may hereafter acquire, except, and only except, 01 rights and agreements and obligations of whatever nature arising or which may arise under this Agreement or for the breach of any part of this Agreement, subject, however, to the implementations and satisfaction of the conditions precedent as set forth herein above. 14. Mutual Cooperation: Husband and Wife agree that each will forthwith (and within at least thirty (30) days after demand therefore) execute any and all writings, instruments, assignments, or releases, satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the proper effectuation of this Agreement. 15. Reconciliation: This Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. There shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and to discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge?that they have been fully informed and are fully acquainted with the legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party enters into this Agreement, and the terms of this paragraph, freely, voluntarily and with full (knowledge and understanding. 16. Modification and Waiver: A modification or waiver of any 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 default of the same or similar nature. 17. Negotiations By Parties: Each party acknowledges that the terms of this Agreement were negotiated directly by each other. Each party has instructed his or her attorney to refrain and each party has himself and herself refrained from undertaking formal discovery proceedings, procedures or other investigative efforts authorized by law in order to obtain an early,lI amicable and expeditious settlement of the dissolution of their marriage. Each party further agrees #nd acknowledges that his or her attorney has not undertaken any independent investigation or engaged in formal or informal discovery proceedings relating to the extent or value of assets described herein, but has relied solely upon information supplied by the parties relating to those matters and upon the terms and conditions negotiated by the parties, and any appraisals that might have been obtained by the parties. 18. Advice of Counsel: This Agreement contains the entire understanding of the parties who expressly acknowledge that this Agreement has been entered into by his or her own volition, with full knowledge of the facts and fa11 information as to the legal rights and liabilities 4 each other, after consultation with counsel of his or her own choosing, or being informed to retain counsel of his or her own choosing, and each believes this Agreement to be reasonable under circumstances, being fully informed of all property owned by each other, and each acknowledges that there have been and are no representations, warranties, covenantsf or agreements other than those expressly set forth herein. HUSBAND, HARVEY M. SHULER, III, IS REPRESENTED BY P. RICHARD WAGNER, ESQ. WIFE, ROBIN M. IS REPRESENTED BY JUDITH T. WALZ, ESQ. 19. Tax Advice: Each party acknowledges that his or her counsel has not made any representations to that party regarding the tax consequences or tax effect of any of the matters set forth herein, and has instead advised him or her to seek the assistance of an ac ountant or tax attorney to provide advice as to the tax consequences of this Agreement or any fications thereof, and that each party's counsel has given no recommendation, advice, opi on or statement concerning the tax consequences of this Agreement. 2. emnt B' 0 Asr e e indina on Hens: The death of either party hereto shall not terminate the requirements of this Agreement for any and all payments or settlements to be made hereunder. Any paym?nts due ?I hereunder shall be made by the personal representative or executor of the deceased from his or her estate. This Agreement shall be binding upon the heirs, executors, administrators, legal representatives and assigns of both parties hereto. 21. General Duty to Indemnify: Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable. Each Party covenants that if any clain proceeding is initiated seeking to hold the other Parry liable for any debt, obligat act, or omission related to the marriage of the Parties for which that Party is resp the terms of this Agreement, the responsible Party will, at his or her sole expense other against the claim, action, or proceeding. In addition, each Party covenants will indemnify and hold harmless the other Party with respect to all Damages re: proceeding. The term "Damages", as used in this Agreement, shall include, witt any loss, cost or other liability that results from the prosecution of any claim, act proceeding, including reasonable attorneys' fees and other expenses incurred in t of the claim, action, or proceeding or in an attempt to avoid such litigation. To t action or n, liability, tisible under defend the eat he or she Iting from the ut limitation, )n, or prosecution includible, "Damages" must result from an inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any litigation, demand, claim, a ion or proceeding that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph. II 22. Headings Not a Part of Aareement: Any headings preceding the text of the several Paragraphs and Subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a I part of this Agreement nor shall they affect its meaning, construction or effect. 23. Void Clauses and Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 24. Warranty: Husband and Wife acknowledge that they have each read this Agreement, and each warrants and represents that it is fair and equitable to 25. Law of Pennsylvania Applicable: This Agreement shall be construed in accordance with the Commonwealth of Pennsylvania. 26. Agreement Part of Divorce Decree: Husband and Wife agree that this Agreement is to have all effect of a Court Order, and, upon Divorce, shall be included as part of the 27. Enforceability of Agreement: In the event any paragraph or portion of a paragraph understand of them. of the force and Decree. in this written Agreement is deemed illegal or unenforceable, the entire remaining portion of the Agreement shall, nevertheless, remain enforceable as a valid contract. 28. Survival Beyond Divorce Decree: The parties hereby acknowledge that they have accepted the Settlement Agreement as a final settlement for all purposes whatsoever between contemplated by the Pennsylvania Divorce Code. Should a Decree, Judgment, c Separation of a Divorce be obtained by either of the parties in this or any other si parties hereby consents and agrees that this Agreement and all its covenants shal in any way by any such separation or divorce; and nothing in any such Decree, J Order or further modification or revision thereof, shall alter, amend or vary any t Agreement, whether or not either or both of the parties shall remarry, it being un between the parties that this Agreement shall survive and shall not be merged in1 Judgment, or Order of Divorce or Separation. It is specifically agreed, however, this Agreement or the substance of the provisions thereof, shall be incorporated 1 ithin Marital iemselves as Order of te, each of the iot be affected igment, or m of this -rstood by and any Decree, iat a copy of reference A into any Divorce, Judgment or Decree for the purposes of enforceability only. This incorporation, however, shall not be regarded as a merger, it being the specific ?ntent of the parties to permit this Agreement to survive any Judgment or Decree, and to be Forever binding and conclusive upon the parties. 29. Date of Execution: The "date of execution" or "execution date" of this Agreem t shall be defined as the date upon which it is executed by the parties if they have each ex'' uted the Agreement on the same date. Otherwise, the "date of execution" or "execution te" of this Agreement shall be defined as the date of execution by the party last executing is Agreement. 30. Effective Date: This Agreement shall be immediately effective upon executi n by the parties and is not subject to any conditions precedent such as the parties' divorce. 31. Sanctions for Non-Compliance: If a party fails to comply with any of the terms and conditio of this Agreement, the defaulting party shall pay the reasonable attorney's fees of the n n-defaulting party if that party needs to seek Court intervention in enforcing any of the terms li d conditions of this Agreement, IN VlfIIWM 1MMMOF, the parties have signed this Agreement on the day and year first above written. ? <? C? c ?r'1 {• w ? ??? ? :::....... T . ; ? ..?:-,? ,. ?. ', „? ? „5 ? Y ?'..'. ? J4 i t .^ ?1 ROBIN M. RONEMUS-SHULER, Plaintiff V. HARVEY M. SHULER, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY : PENNSYLVANIA, : CIVIL ACTION - LAW : NO. 05-5424 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety 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 Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, falsification to authorities. A A Date: 16 " 6 - d October 18, days have to Request d that false to unworn ,A- C/r^wz(.O-- M. Plaintiff DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 4. I consent to the entry of a final Decree of Divorce without Notice. 5. 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. 6. I understand that I will not be divorced until a Divorce Decree is entered by the ourt and that a copy of the Decree will be sent to me immediately after it is filed with the Pro h notary. I verify that the statements made in this Waiver are true and correct. I understand th t false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to un worn falsification to authorities. Date: G- di 110. RONEMUS-S ER, Plaintiff z ROBIN M. RONEMUS-SHULER, : IN THE COURT OF CONU' ON PLEAS Plaintiff : OF CUMBERLAND COU14TY PENNSYLVANIA., V. HARVEY M. SHULER, : NO. 2005-5424 Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court far entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable breakdown under §3301(c) of the Di?vorce Code. The Divorce Complaint was filed on October 18, 2005. 2. Date and Manner of Service of Complaint: The original Complaint in D?vorce was served upon Defendant by Certified United States Mail restricted delive Article Number 7002 3150 0005 2981 5149 on October 20, 2005, as evidenced by the attached Affidavit of Service. Said Affidavit of Service was filed with the Protho otary on January 6, 2006. 3. Date of Execution of the Affidavit of Consent Re uired b 33u1 c the 12ivorce Loa By Plaintiff: October 6, 2008 By Defendant: August 28, 200 4. Related Claims Pending: The marital assets of the Plaintiff and Defen t have been settled by a Marital Settlement Agreement as evidenced by the executed ttached original and dated July 25, 2008. 5. Date and Manner of Service of the Notice of Intention to File Praecipe to? Transmit Record: (a) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was fil with the Prothonotary: Attached and entered on record with Praecipe o Transmit Record. (b) Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: September 25, 2008. Date: 10 1 , 2008 Shaubut C. Walz, III Attorney ID #15277 WALZ & WALZ, Attorneys at 341 Market Street Newport, PA 17074 (717) 567-6993 Attorney for Plaintiff P.C. r-o .rye tt.;. 3-5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS HARVEY M. SHULER Defendant N O. 05-5424 DECREE IN DIVORCE .4-t-040e - AND NOW, y IT IS ORDERED AND DECREED THAT ROBIN M. RONEWS-SHULER , PLAINTIFF, AND HARVEY M. SHULER 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; hereby incorporated into this Decree PROTHONOTARY Arvw . 4 ' gip, ?j - of I Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-5424 CIVIL TERM : CIVIL ACTION -LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW, comes your Petitioner, Harvey Shuler, III, by and through his attorneys, ROBIN RONEMUS-SHULER, V. Plaintiff, HARVEY SHULER, III, Mancke, Wagner & Spreha, and files the following Petition For Contempt: 1. Your Petitioner, Harvey Shuler, III, is the Defendant in the above-captioned matter. 2. The Respondent, Robin Ronemus-Shuler, is the Plaintiff in the above-captioned matter. 3. The parties executed an Agreement dated July 25, 2008, a copy of said Agreement is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 4. Pursuant to the provisions in paragraph 9 of the Agreement, Husband was to receive personal property that had previously been listed by Husband in letters to Wife. (See, paragraph 9 of the Agreement). 5. Despite repeated requests, the Respondent has refused to provide said items. 6. On January 10, 2009, some of the items were picked up by the Petitioner herein, however, at that time, Respondent specifically indicated that she was not going to provide any further items for the Petitioner. 7. now items that were required to be provided by the Respondent to the Petitioner but were not are contained in a letter dated January 12, 2009 from the Petitioner herein to counsel, specifically the 17 items listed therein, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit B. 8. Petitioner believes and therefore avers that the Respondent will not provide those items and is therefore in contempt of the Marriage Settlement Agreement entered by and between the parties. 9. Petitioner has incurred through correspondence, office conferences, preparation of this Petition and anticipated attendance at a hearing the amount of $750.00 in legal fees for which Petitioner is seeks a reimbursement from the Respondent. 10. The Honorable M.L. Ebert, Jr., has been involved in the case before. WHEREFORE, Petitioner requests the Court: A. hold the Respondent in contempt of court; B. direct that the Respondent make the items contained in Exhibit B immediately available to the Petitioner; and -2- C. pay the Petitioner the sum of $750.00 in counsel fees; and D. such other relief as the Court deems appropriate. Respectfully submitted, Mancke, War, Spreha & McQuillan T. Kic agner, Esquire . . #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date: -3- ROBIN M. RONEMUS-SHULER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA HARVEY M. SHULER Defendant : CIVIL ACTION - LAW : IN DIVORCE : NO. 05-5424 IAL MS AGUMA -W, made thisc? day of l , 2008 by and between HARVEY M. SHULER, III, hereinafter referred to as "HUSBAND", and ROBIN M. RONEMUS - SHULER, hereinafter referred to as "Wife"; X185, Husband and Wife were Iawfully married December 27,1997 at Sherman Dale, Pennsylvania; 10iI£tS, differences have arisen between Husband and Wife in consequence of . which they have determined they shall live separate and apart from each other, having separated in April, 2005, and that they shall be divorced from the bonds of matrimony; Wife filed for a no-fault divorce on October 18, 2005; 1AIEREAS, Husband and Wife are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future spousal support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOWTf1REFORE, for and in consideration the mutual promises herein contained, and in consideration of other good and valuable considerations, and intending to be legally bound hereby, the parties mutually promise, covenant and agree as follows: 1. Agreement Not A Bar To Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either parry. 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. 2. Effect Of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. Personal Rights: A. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. B. 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 or endeavor to molest the other, nor compel the other to cohabit 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. 4. Entire Agreement: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 5. Discovery/Financial Disclosure: The parties agree and acknowledge that they have each had an opportunity to conduct discovery and investigation of the assets and debts of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income, as well as debts, to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets .and debts, whether separate or marital, prior to. entry into this Agreement. Both Husband and Wife acknowledge that they have had full and fair disclosure of all assets and debts prior to the execution of this Agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties' income and financial condition. 6. Debts Of The Parties: Husband shall hereafter be responsible for any and all debts in his name alone. Wife shall hereafter be responsible for any and all debts in her name alone. All debts incurred by Husband and listed on his Bankruptcy Petition shall be solely the responsibility (if any responsibility remains after the bankruptcy) of Husband's. Husband shall be solely responsible for any and all taxes or assessments claimed due from any government agency as a result of the operation of his business, Shuler Enterprises. Husband shall further be solely responsible for any taxes due and payable as a result of any rents paid to him from tenants of the real estate that Husband will be receiving as a result of this marital settlement. Husband shall further be solely responsible for all lease agreements with tenants who occupied or used the couple's real estate and which now shall become entirely Husband's real estate. Husband shall hold Wife harmless from the beginning of time to the end of time for any and all claims, expenses, etc. arising out of the ownership of the real estate that Husband is receiving in this divorce settlement. In the event that Wife is involved in any audits as a result of tax returns filed during the course of the couple's marriage concerning the operation of husband's business, Shuler Enterprises, and/or the rental income that Husband controlled during the separation of the couple, Husband agrees to assume full financial responsibility for any and all legal, accounting and/or other professional fees charged to Wife relating thereto. Wife shall be solely responsible for any and all taxes or assessments claimed due from any government agency as a result of Wife's leasing, if any have been done, of the real estate that she is receiving in this marital settlement. Wife shall be solely responsible for any and all taxes due on the liquidation of the Morgan Stanley account and shall hold Husband harmless for forever and all time for such taxes due thereon. Husband and Wife each represent and warrant to each other that from and after the date of their separation, he or she respectively has not or will not contract or incur any debt or liability for which he and she respectively or his or her estate might be responsible, and shall indemnify and save harmless Husband and Wife from any and all claims or demands made against him or her, respectively, by reason of any such debts or obligations incurred by him or her after the date of their separation, except as indicated in this Agreement. Husband and Wife shall hold each other harmless from any liability and/or damage whatever that accrues to Husband/Wife as a result of failure of Husband/Wife respectively, to fulfill the total obligation which he/she hereby agrees to assume herein. 7. Support, Alimony, Alimony Pendente Lite, Counsel Fees and Costs: Husband and Wife each waive his/her claim for spousal support, alimony, alimony pendente lite, counsel fees and costs. Husband agrees that he will continue to pay child support for Heather in at least the amount of $ 6.00 a month,. A-S 8. Real Estate: A. The parties agree that Wife is the sole owner of Lots 18 and 14, 4 Central Blvd., Camp Hill, Pennsylvania, which property, with improvements, was inherited by Wife; as well as Lots 10 and 11, Oakwood Park, Conodoguinet Avenue, Camp Hill, Pennsylvania,. Husband hereby releases and quitclaims, forever and for all times, any claim that he could make as spouse of Wife in the increased value of said Camp Hill properties, thereby forever freeing Wife from any and all claims, marital or otherwise, in said properties. Said property is subject to a mortgage held by Commerce Bank, N.A, with an approximate balance of $50,000.00; said mortgage is in the sole name of Wife and shall henceforth be the sole responsibility of Wife. B. The parties agree that they are currently the joint owners of the following real estate: 1. 555 & 545 Shuler Road, Shermansdale, Perry County, Pennsylvania, which was the former marital home of the couple and subject to a mortgage titled in joint names of Husband and Wife, held by CitiMortgage, having a balance of approximately Forty Thousand ($40,000.00). Wife agrees to sign a Quitclaim Deed to Husband of all her right, title and interest, in said property. In consideration therefore, Husband agrees to refinance the said mortgage so as to remove Wife's name and all financial responsibility from said mortgage. Husband shall complete the financing process for the new mortgage and have the settlement (to include the payment of any and all real estate taxes and insurances that are due and payable, but that are not currently paid, against the properties that he is getting herein described) within thirty (30) days of the date this Agreement is executed. Wife agrees to execute and deliver the Quitclaim deed releasing Wife's interest in the real estate at the same time that Husband shall execute and deliver to Wife releases of his interest in the Morgan Stanley Account and all paperwork relating thereto with Husband's attorney preparing the Quitclaim deed. Said executed Deed shall be delivered to Husband's attorney to be held by him in escrow awaiting the completion of the refinancing settlement. Immediately upon execution of this Agreement, Husband is hereby granted exclusive possession of the marital real estate while the refinancing is taking place and the couple is waiting for settlement. Settlement on the refinancing mortgage must occur within thirty (30) days of the date of execution of this Marital Settlement Agreement. Time is of the essence. In the event that the refinancing settlement does not occur by the allotted time and Wife demands a return of the Deed in Escrow, Husband's attorney shall return the Deed held in Escrow within five (5) days of demand by Wife and the right of exclusive possession of the said real estate shall expire immediately, with the parties being returned to the status quo when they entered into this Marital Settlement Agreement. a?•?•ntnt itn?il k1?v r..,,-?;oc f3Pnir2a t a n yt Cten t(1 rittrmo laicj r ? ag;eernent. While Husband is in exclusive possession of said real property, he shall be solely and exclusively responsible for the payment of the entire mortgage even though it is in the joint names of the couple,. and all other expenses relating to the said real estate. Husband will assume all liability from the beginning of time until the end of the world for the said property. Husband will keep insurance in both names until all deeds to properties are executed and delivered to Grantee. C. 510-503 Shuler Road, Shermans Dale, Pennsylvania, which is unencumbered. Wife agrees to convey to Husband by Quitclaim Deed all her right, title and interest, in said property. Delivery of the executed Deed to 510-503 Shuler Road shall occur only after the refinancing of the mortgage encumbering 555 & 545 Shuler Road is complete. Said deed shall be prepared by Husband's attorney and presented to Wife's attorney so that Wife can deliver her executed deed to 510-503 Shuler Road promptly following the refinancing settlement of the mortgage encumbering 555 & 545 Shuler Road. Exclusive possession shall occur immediately, however, for 510-503 Shuler Road, which shall cause Husband to be responsible for all expenses relating to said real estate immediately following execution of this Marital Settlement Agreement. Husband will assume all liability from the beginning of time until the end of the world for the said property. Husband will keep insurance in both names until all deeds to properties are executed and delivered to Grantee. D. 995 Farwell, Renovo, Pennsylvania. Wife agrees to convey to Husband all her right, title and interest, in said property by Quitclaim Deed. Delivery of the executed Deed to 995 Farwell, Renovo, Pa. shall occur only after the refinancing of the mortgage encumbering 555 & 545 Shuler Road is complete. Said deed shall be prepared by Husband's attorney and presented to Wife's attorney so that Wife can deliver her executed deed to 995 Farwell, Renovo, Pa. promptly following the refinancing settlement of the mortgage encumbering 555 & 545 Shuler Road. Exclusive possession shall occur immediately, however, for 995 Farwell, Renovo, Pa., which shall cause Husband to be responsible for all expenses relating to said real estate immediately following execution of this Marital Settlement Agreement. Husband will assume all liability from the beginning of time until the end of the world for the said property. Husband will keep insurance in both names until all deeds to properties are executed and delivered to Grantee. E. Husband and Wife acknowledge that they received rents from the real estate as described in this Marital Settlement Agreement as well as they have liquidated agreed sums of money from the Morgan Stanley Account that was in the couple's joint names. From the rental income that the parties received which was controlled by Husband, Husband paid marital bills such as the first mortgage encumbering the real estate that Husband now is solely receiving; the second mortgage encumbering the real estate that Husband now is solely receiving which effectively paid for the Ford Expedition that Husband is now solely receiving; some of the insurance bills on the real estate that Husband is now solely receiving, as well as the water and sewer bills for the Renovo properly that Husband is now solely receiving. Further, upon liquidation of certain investments of the Morgan Stanley account, the proceeds were transferred into the hands of wife's attorney's Iolta Account, from which Walz & Walz paid bills that were due and owing by the parties concerning the properties that the couple were arguing over in equitable distribution of the assets and liabilities. Wife received the advantage of payment of some of her mortgage payments on a mortgage encumbering her Camp Hill properties that only she shall receive in this marital settlement. Wife also received the advantage of the payment of some of her real estate taxes and insurance premiums on, her Camp Hill properties; while Husband received the advantage of the payment of all of the real estate taxes and insurance premiums (incurred through 2007) relating to the real properties that Husband is getting. Except as indicated in this Agreement, the parties agree that Husband and Wife, respectively, shall be solely liable for the payment of the mortgage, real estate taxes, and insurance premiums for the year 2008 and prospective years relating to the real estate that he/she respectively receives in this Marital Settlement Agreement. Husband shall be solely responsible for any and all income taxes on the rental income that the parties received during their separation whether the rental income was used to the advantage of Husband or Wife; Wife hereby agrees that Wife shall be solely responsible for any and all income taxes on the liquidation of the Morgan Stanley Account which the parties liquidated during their separation by Stipulation of the parties, whether the liquidated assets were used to the advantage of Husband or Wife. ?S In addition to the accounting that Husband and Wife have received by Walz & Walz, Attorneys at Law, P. C. previously, Husband and Wife agree that the Morgan Stanley Funds in the Iolta Account of Wife's attorney was used to pay the following last bills of the couple prior to entering into their verbal settlement agreement that Wife has requested be placed in writing: the 2007 real estate taxes for 510 Shuler Road, Shermans Dale, Pennsylvania in the total amount of $2,154.26, the 2007 real estates taxes for 545 Shuler Road, Sherman Dale, Pennsylvania in the total amount of $2,677.31, the 2007 school taxes for Renovo Property in the amount of $284.96, the insurance premium for Donegal Mutual Insurance Co., in the amount of $497.50; the delinquency of $506.00 for the Renovo property water and $220.53 for the Renovo property sewer bill, and reimbursement to Wife. of certain 2007 and. 2008 Mortgage payments in the amount of $4,224.75 being the payment of her monthly mortgage from August 2007 through April 2008, it being noted that Wife had, in fact, been reimbursed for some of her 2008 mortgage payments when the parties discussed their verbal agreement that led to Wife's request to place their agreement in writing. Husband agrees to waive any complaint that Wife was reimbursed for mortgage payments made in 2008; however the parties agree that Husband shall not be reimbursed for the payment by him from his personal funds of the mortgage encumbering the Perry County real estate; and Husband waives his right under the Court Order requiring payment from Iolta funds of the Perry County property mortgage, it being the agreement of the parties that Husband has at this time received all the payments from said .-...1' (? 2 S Jac 4?;r)-, 1 Iolta Account that he is ever going to receive. Husband and Wife agree what remains in the Iolta account out of the liquidations of the Morgan Stanley Account funds shall hereafter belong to Wife in consideration of the other terms and conditions in this Marital Settlement Agreement. Husband and Wife shall hereafter each be solely responsible for all bills (including any liens, judgments or other claims made) relating to the real estate that he and she, respectively, have been assigned to receive under this Marital Settlement Agreement. 9. Personal Property: a. Tangible Personal Property: The parties declare that they ve secured ,K G`tcV f AS f possession of all tangible personal propert)reparately and individually owned by each party and further, that they have divided all jointly owned tangible personal property between themselves; and that the right, title and interest of each of the parties hereto in the items of jointly held personal property now possessed by each party shall be hereafter deemed the separate and sole property of the possessor of same. b. Wife shall retain the entire balance in the Morgan Stanley Account as her sole and separate property as well as the entire balance of the funds remaining in the Iolta Account which relates to the liquidation of the Morgan Stanley Account funds. Husband agrees to execute any and all paperwork necessary to effectuate the transfer of Husband's interest to Wife, and to release the hold that is currently on the said account which occurred as a result of the separation of the couple. This execution of all paperwork shall occur at the same time that the deed to 555-545 Shuler Road is executed. The party's attorneys shall attempt to have all the necessary paperwork prepared for the exchange of executed quitclaim deed for the execution of necessary paperwork to transfer the Morgan Stanley Account over to Wife; in the event that supplemental paperwork ?4- shall be necessary, then Husband and Wife agree to meet in order to duly execute paperwork necessary to effectuate this agreement of the parties. Husband and Wife hereby agree to sign a Petition to the Court to vacate that portion of the Court Order which places a hold on the Morgan Stanley Account so as to free up the Morgan Stanley Account for the sole use of Wife in any manner that she desires. c. Commerce Bank Account (This was raised as an issue by Husband in his Inventory, but which had been consumed for marital bills long before litigation began between the couple.) Husband hereby releases any and all marital claim he could have made in favor of Wife, who shall hereafter be the sole and separate owner of said account. 10. Automobiles: Husband shall retain his vehicle, the 1999 Ford Expedition, that he took at the time of the separation as his sole and exclusive possession, free from any claim or demand by Wife, except that Husband shall provide to Wife proof of his obtaining of his own automobile insurance insuring said vehicle effective at the time of Wife's execution of the Title from Wife to Husband. While the title for said vehicle is being processed by PennDot, Husband agrees to hold Wife harmless from any and all claims that are made against her as a result of Husband's vehicle being driven by Husband and/or his authorized drivers. Husband shall hereafter be responsible for any and all insurances, costs, and liabilities associated with his vehicle. Wife shall retain two vehicles that she had at the time of the separation, a 1988 Subaru GL 4 x 4 and a 1973 Datsun 240 Z, as her sole and exclusive possession, free from any claim or demand by Husband. Wife shall hereafter be responsible for any and all insurances, costs; and liabilities associated with her vehicles. Wife shall also retain the 1994 Jeep that she acquired post separation free of claim by Husband. 11. Retirement Plans and Insurances: Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(k) Plan, 403(b) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement plan or plans of the other Party, acquired in the past or future by the other parry, whether acquired through said Party's employment or otherwise (hereinafter "Retirement Plans"). Hereafter, the Retirement Plans shall become the sole and separate property of the Party in whose name or through whose employment said plan or account is held or carried. . Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title interest or claim, whatever it may be, in any insurance policy or insurance account of the other party, acquired in the past or future by the other party, whether acquired through said party's employment or other wise. Hereafter, the insurance polices shall become the sole and separate property of the party in whose name or through whose employment said policy or account is held or carried. As of the date of this Agreement, neither party shall be obligated to maintain any life insurance policy on himself or herself for and on behalf of the other. Neither party shall be the beneficiary of any life insurance policy that insures the life of the other. Each party specifically releases, waives and forever discharges any right that he or she may have now or in the future as beneficiary or named beneficiary of life insurance or death benefits of the other. Each party forever releases and discharges the other from any claim or action for such rights. 12. No-Fault, Uncontested, Consent Divorce: Husband and. Wife acknowledge that the marriage has become such that they have to live separate and apart from each other. Wife has filed for a no-fault divorce. It is agreed that both parties will be cooperative in obtaining the divorce and that both parties will promptly reply to all requests by the other party related to obtaining the divorce. 13. Mutual Release: Husband and Wife each does hereby mutually release, remise, quit-claim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles 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 each other, of whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may have against each other, the estate of the other or any part thereof, whether arising out of any former acts; contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widows rights or widower's rights, family exemption or similar allowance, or under the Intestate Law, or the rights to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of the surviving spouse to participate in a deceased spouse's estate or any right which a wife or a husband may have or at any time hereafter may have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any part hereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full and complete general release with respect to any and all property of any kind or nature, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatever nature arising or which may arise under this Agreernent or for the breach of any part of this Agreement, subject, however, to the implementations and satisfaction of the conditions precedent as set forth herein above. 14. Mutual Cooperation: Husband and Wife agree that each will forthwith (and within at least thirty (30) days after demand therefore) execute any and all writings, instruments, assignments, or releases, satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the proper effectuation of this Agreement. 15. Reconciliation: This Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. There shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and to discourage either parry from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that they have been fully informed and are fully acquainted with the legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party enters into this Agreement, and the terms of this paragraph, freely, voluntarily and with full knowledge and understanding. 16. Modification and Waiver: A modification or waiver of any 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 default of the same or similar nature. 17. Negotiations By Parties: Each party acknowledges that the terms of this Agreement were negotiated directly by each other. Each party has instructed his or her attorney to refrain and each party has himself and herself refrained from undertaking formal discovery proceedings, accounting procedures or other investigative efforts authorized by law in order to obtain an early, amicable and expeditious settlement of the dissolution of their marriage. Each party further agrees and acknowledges that his or her attorney has not undertaken any independent investigation or engaged o in formal or informal discovery proceedings relating to the extent or value of assets described herein, but has relied solely upon information supplied by the parties relating to those matters and upon the terms and conditions negotiated by the parties, and any appraisals that might have been obtained by the parties. 18. Advice of Counsel: This Agreement contains the entire understanding of the parties who expressly acknowledge that this Agreement has been entered into by his or her own volition, with full knowledge of the facts and full information as to the legal rights and liabilities of each other, after consultation with counsel of his or her own choosing, or being informed to retain counsel of his or her own choosing, and each believes this Agreement to be reasonable under the circumstances, being fully informed of all property owned by each other, and each hereby acknowledges that there have been and are no representations, warranties, covenants or agreements other than those expressly set forth herein, HUSBAND, HARVEY M. SHULER, III, IS REPRESENTED BY P. RICHARD WAGNER, ESQ. WIFE, ROBIN M. RONEMUS-SHULER, IS REPRESENTED BY JUDITH T. WALZ, ESQ. 19. Tax Advice: Each party acknowledges that his or her counsel has not made any representations to that party regarding the tax consequences or tax effect of any of the matters set forth herein, and has instead advised him or her to seek the assistance of an accountant or tax attorney to provide advice as to the tax consequences of this Agreement or any ramifications thereof, and that each party's counsel has given no recommendation, advice, opinion or statement concerning the tax consequences of this Agreement. 20. Agreement Binding on Heirs: The death of either party hereto shall not terminate the requirements of this Agreement for any and all payments or settlements to be made hereunder. Any payments due I hereunder shall be made by the personal representative or executor of the deceased from his or her estate. This Agreement shall be binding upon the heirs, executors, administrators, legal representatives and assigns of both parties hereto. 21. General Duty to Indemnify: Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable. Each Party covenants that if any claim, action or proceeding is initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the marriage of the Parties for which that Party is responsible under the terms of this Agreement, the responsible Party will, at his or her sole expense, defend the other against the claim, action, or proceeding. In addition, each Party covenants that he or she will indemnify and hold harmless the other Party with respect to all Damages resulting from the proceeding. The term "Damages", as used in this Agreement, shall include, without limitation, any loss, cost or other liability that results from the prosecution of any claim, action, or proceeding, including reasonable attorneys' fees and other expenses incurred in the prosecution of the claim, action, or proceeding or in an attempt to avoid such litigation. To be includible, "Damages" must result from an inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any litigation, demand, claim, action or proceeding that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph. 22. Headings Not a Part of Agreement: Any headings preceding the text of the several Paragraphs and Subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. Void Clauses and Severability: If any term, condition, clause or provision of this Agreement shall be ..,, , determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 24. Warranty: Husband and Wife acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 25. Law of Pennsylvania Applicable: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 26. Agreement Part of Divorce Decree: Husband and Wife agree that this Agreement is to have all the force and effect of a Court Order, and, upon Divorce, shall be included as part of the Divorce Decree. 27. Enforceability of Agreement: In the event any paragraph or portion of a paragraph contained in this written Agreement is deemed illegal or unenforceable, the entire remaining portion of the Agreement shall, nevertheless, remain enforceable as a valid contract. 28. Survival Beyond Divorce Decree: The parties hereby acknowledge that they have accepted the within Marital Settlement Agreement as a final settlement for all purposes whatsoever between themselves as contemplated by the Pennsylvania Divorce Code. Should a Decree, Judgment, or Order of Separation of a Divorce be obtained by either of the parties in this or any other state, each of the parties hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation or divorce; and nothing in any such Decree, Judgment, or Order or further modification or revision thereof, shall alter, amend or vary any tern of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of Divorce or Separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference i ( ) • into any Divorce, Judgment or Decree for the purposes of enforceability only. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment or Decree, and to be forever binding and conclusive upon the parties. 29. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 30. Effective Date: This Agreement shall be immediately effective upon execution by the parties and is not subject to any conditions precedent such as the parties' divorce. 31. Sanctions for Non-Comniiance• If a party fails to comply with any of the terms and conditions of this Agreement, the defaulting party shall pay the reasonable attorney's fees of the non-defaulting party if that party needs to seek.Court intervention in enforcing any of the terms and conditions of this Agreement. - 1 ) y IN 19TNEM ' RE"OF, the parties have signed this Agreement on the day and year first above written. (SEAL) P. (SEAL) NER, ATTORNEY FOR Y M. SHULER, III i R IN M. RONE S-SHULER SEAL) 1 (SEAL) H T. WALZ, ATTORNE BIN M. RONEMUS-SHULER a 0 . t DATE: JANUARY 12, 2009 TO: RICH WAGNER FROM: HARVEY M. SHULER III SUBJECT: RETRIEVAL OF PERSONAL ITEMS ON LIST. DEAR, RICH ON JANUARY 10, 2009 WE MET ROBIN AS AGREED AT 4 CENTRAL BLVD, CAMPHILL TO RETRIEVE PERSONAL ITEMS OUTLINED. WE (MY GIRL FRIEND, SISTER AND HER SON) ARRIVED AT 1000AM AS SCHEDULED. WE WERE ABLE TO RETRIEVE ONLY A FEW OF THE ITEMS ON THE LIST. ROBINS FAMILY AND FRIENDS GREETED US BY THE WAY. SHE HAD THE ITEMS GATHERED IN ONE AREA. WE TOOK A VISAL INVENTORY DUE TO ROBINS REQUEST TO NOT TAKE LONG. HER COMMENTS WERE "HERE IT IS TAKE IT AND BE GONE". I KNEW AT THAT POINT TO DO JUST THAT, HOWEVER I ASK ABOUT SEVERAL OF THE MISSING ITEMS AS WE TOOK WHAT WE WERE ALLOWED. HER RESPONSE'S WERE " I HAVE IT SOMEWHERE, ITS BURRIED IN THE GARAGE, IT HAD TERMITES AND I GOT RID OF IT, I DON'T KNOW ANYTHING ABOUT THAT, ECT. SHE MADE SEVERAL RUTHLESS COMMENTS THAT WERE WITNESSED AS WELL. BELOW IS A LIST OF NUMEROUS ITEMS I STILL MUST HAVE RETURNED OR COMPENSATED FOR: LPERSONAL CLOTHING, HUNTING APPARREL, COMPLETE CABBELA'S SNOW CAMMO SUITE, CARHART JACKETS (X2), LEATHER COWBOY BOOTS, BROWN LEATHER SLIP ON BOOTS, WHITE COWBOY HAT, GREEN CAMMO CLOTHING. 2. "WALLS" LEATHER MOTORCYCLE JACKET, "WILLY" MOTORCYCLE FOREARM LENGTH LEATHER GLOVES, HARLEY DAVIDSON MOTORCYCLE HELMET W/VISOR, HARLEY-DAVIDSON LEATHER SADDLE BAGS AND GOGGLES 3. HUNTING GEAR: TWO (2) MARINEBAND VHF TWO-WAY HAND-HELD RADIO'S (MAKE: HUMMINBIRD, MD#VHFS, COMPLETE W/NICAD BATTERY'S AND WALL CHARGER'S), HELMET WITH LAMP FOR CRYSTAL COON HUNTING BELT (COAL MINERS STYLE) 4. DOG TRAINING EQUIPMENT: TRITRONICS TWO DOG TRAINING SYSTEM WBLACK PLASTIC CASE. 5. ALL JEWELRY: 1 YELLOW GOLD RING 18K W/GREEN DESIGN,1 18K YELLOW GOLD RING W/MULTIBLE ROUND DIAMOND CLUSTER,1 18K SOLID GOLD ROPE NECKLACE W/PENDANT OF SHIPS ANCHOR AND CRUCIFIXON COMBO,1 18K GOLD RING W/GREEK DESIGN AND ARROW POINT W/TAPER AND 1 SILVER RING. ANTIQUE WOODEN BOX (W SLIDING TOP) THAT ALL6. THE JEWELRY WAS STORED IN. ALL HERELOOMS. PAGE 1 , . I A 6. TOUNGE AND GROOVED PINE LUMBER (APPX 1500 BD/FT). 7. NEW MENS MOUNTAIN BIKE. 8. STIHL CHAINSAW W/REPAIRED GAS TANK. 9. ANTIQUE TINS AND POTATOE CHIP CONTAINERS, RED AND WHITE KITCHEN UTENSELS. 10.3 RD SEAT FOR 99 FORD EXPEDITION. 11. 1 ROYOBI CORDLESS TOOL SET COMPLETE WITH SKILLSAW, 2 LAMPS, DRILL AND 2 RECHARGABLE BATTERYS AND CHARGER. 12. ANTIQUE DRESSER W/ TOP MIRROR. 13. DIGITAL CAMERA 14. BINOCULARS WBUILT IN DIGITAL CAMERA. 15. HARD DRIVE TOWER (GATEWAY 2000). 16. NED SMITH PRINTS 2- 8"X10" OF QUAIL. 17. BRASS SLEIGH BED (QEEN SIZE HEAD BOARD AND FOOT BOARD AND TWO RAILS). • a I i VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Date: _/?/ - 01- r r` ro i FEB t 9 2009 (31 ROBIN RONEMUS-SHULER, Plaintiff, V. HARVEY SHULER, III, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-5424 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE Defendant. BY YFIE COURT: J. ORDER AND NOW, this day of, 2009, upon Petition of Harvey Shuler, III, a hearing is set for the 3tday of Y"44.-t A J0 2009, at 3• o'clock 'P.m. in Courtroom Nom of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, for the Respondent, Robin Ronemus-Shuler, to show cause why, if any, she should not be held in contempt of court. f i -Adid :T IS ?,C ["!j CZ ?- j 6031 i ..: V ROBIN RONEMUS-SHULER, Plaintiff, V. HARVEY SHULER, III, Defendant. TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-5424 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE Please withdraw the Petition for Contempt and mark the matter resolved. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan , Esquire I.D. # ZrAth 0 2233 Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant Date: a a l1 C1 a F •4 ?