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Home My WebLink About06-2459 MICHELLE ANN HALTER, Plaintiff VS. MARK RICHARD HALTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3i? -ayS'q CIVIL ACTION - LAW DIVORCE of V 1• L ` - `-??v-n 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 at 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800)990-9108 or(717)249-3166 MICHELLE ANN HALTER, Plaintiff VS. MARK RICHARD HALTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, n(, - OYS? CIVIL ACTION - LAW DIVORCE COUNTI COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Michelle Ann Halter, who currently resides at 1320 Concord Road, Mechanicsburg, Cumberland County, PA 17050 and has so resided since April 2001. 2. Defendant is Mark Richard Halter, who currently resides at 1320 Concord Road, Mechanicsburg, Cumberland County, PA 17050 and has so resided since April 2001. 3. Both Defendant and Plaintiff have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 22, 1996 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties have been separated since the filing date of this complaint. 8. 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. WHEREFORE, Plaintiff requests the Court enter a Decree of Divorce. COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(d) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. In the event a Divorce by consent is not earlier entered into, after two (2) years have elapsed from the date of separation, Plaintiff intends to file her Affidavit of having lived separate and apart for at least 2 years. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the Court require the parties to participate in such counseling. WHEREFORE, once two (2) years have elapsed from the date of separation and Plaintiff has filed her Affidavit, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to Section 3301(d) of the Divorce Code. YOFFE & YOFFE, P.C. By ? frey N offe, q. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net MICHELLE ANN HALTER, Plaintiff VS. MARK RICHARD HALTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CN, - ? K61 CIVIL ACTION - LAW DIVORCE VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Dated: Y? Mj belle Ann Halter `C MICHELLE ANN HALTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-02459 MARK RICHARD HALTER : CIVIL ACTION-LAW Defendant DIVORCE/CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, files Complaint for Custody against Defendant, and in support thereto, avers the following: 1. Plaintiff is Michelle A. Halter, Mother, who currently resides at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Mark R. Halter, Father, who currently resides at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff seeks custody of the following children: Name: Present Address : Age: Rhen Halter 1320 Concord Road 6 years Mechanicsburg, PA d.o.b. 02/07/00 Ethan Halter 1320 Concord Road 3 years Mechanicsburg, PA d.o.b. 11/01/02 4. The children were not born out of wedlock. 5. The child is presently in the custody of Plaintiff/Mother and Defendant/Father, who currently reside at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons: Addresses: Dates: Michelle A. Halter, mother 1320 Concord Road 04/01/01 to present And Mark Halter, father Mechanicsburg, PA 7. The Mother of the children is Michelle A. Halter, who resides at the address referenced in Paragraph One above. 8. She is married to the Defendant, Mark R. Halter. 9. The Father of the children is Mark R. Halter, who resides at the address referenced in Paragraph Two above. 10. He is married to the Plaintiff, Michelle A. Halter. 11. The relationship of the Plaintiff to the children is that of natural mother. She currently resides with the Defendant and subject children. 12. The relationship of the Defendant to the children is that of natural father. He currently resides with the Plaintiff and subject children. 13. Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or another court. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) The Plaintiff is desirous of continuing the close, loving relationship she has with the children; (b) The Plaintiff is economically able to care for the children; (c ) The Plaintiff has been the caretaker of the children since birth. WHEREFORE, Plaintiff respectfully requests this honorable Court enter an Order granting her primary physical custody of the children. Respectfully submitted, Shana M. Pug , Esq e Law Office of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 Date:0jrtl -0 ID# 200952 Tel. (717) 763-1800 MICHELLE ANN HALTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-02459 MARK RICHARD HALTER : CIVIL ACTION-LAW Defendant : DIVORCE/CUSTODY VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: 7Z// Ann Halter MICHELLE ANN HALTER, Plaintiff VS. MARK RICHARD HALTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-02459 CIVIL ACTION - LAW DIVORCE PRAECIPE FOR WITHDRAWL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Michelle Halter, in the above captioned action. Respectfully submitted, 7 / Date: ? / 20 x'11'-A cmi PREACIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Plaintiff, Michelle Halter, in the above captioned action. Respectfully submitted, Dater f yT offe & Yoffie, P.C. •ey . Yoffie, squire 214 Senate Avenue, Suite 404 Camp Hill, Pennsylvania 17011 ID# 52933 Tel. (717) 975-1838 Shana M. Pugh, E e Law Offices of Pa ' k F.. Lauer, Jr., LLC 2108 Market Street Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 t ?: ??_ _ __i _ __ ??-- c:? ro -K MICHELLE ANN HALTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARK RICHARD HALTER DEFENDANT 06-2459 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 19, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, August 25, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Gree Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 gwr< rvwW J4,V »nvx z / %91 f G X.,'... MICHELLE ANN HALTER, Plaintiff VS. MARK RICHARD HALTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-02459 CIVIL ACTION-LAW DIVORCE/CUSTODY PETITION FOR SALE OF MARITAL RESIDENCE AND NOW, Plaintiff, Michelle Halter, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, files this Petition for Sale of Marital Residence, and in support thereof, avers as follows: 1. Petitioner, Michelle Ann Halter, is the Plaintiff in this divorce action and currently resides at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Mark Richard Halter, is the Defendant in this divorce action and currently resides at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are husband and wife, having been married on June 22, 1996, in Cumberland County, Pennsylvania and are the natural parents to two minor children. 4. This action was commenced with the filing of a Complaint in Divorce on May 2, 2006. 5. During the course of the marriage, the parties acquired assets, including real and personal property, and liabilities, which constitute marital property within the meaning and intent of the Divorce Code and which are subject to equitable distribution. 6. Said assets include, but are not limited to, the jointly owned property located at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania. 7. The mortgage on the property as of July 2006 is $111,105.22 for which the monthly payment is $1,037.37. 8. The estimated expense for utilities in the home is in excess of $470.00 per month. 9. Petitioner has been solely responsible for the mortgage and all other expenses of the property without any contribution from Respondent. 10. Petitioner's monthly net income is approximately $2628.00, of which $1028.00 is automatically withdrawn from Petitioner's account to pay a consolidation loan for which both parties' are debtors and for a vehicle loan for the vehicle Petitioner drives. 11. Respondent's monthly gross income is approximately $560.00, of which little, if any, is contributed to the maintenance of the children. 12. Respondent contributes no portion of his income to maintenance of the marital residence. 13. Petitioner desires to physically separate from her husband but cannot afford to do so if she remains a mortgagor on the marital residence. 14. Petitioner believes, and therefore avers, that Respondent is not financially capable of paying for the mortgage and expenses on the marital residence and/or would not be able to refinance the home. 15. It is believed, and therefore averred, that the only manner in which the marital estate can be preserved is to permit the sale of the property and that by allowing Respondent to interfere with the sale will only further dissipate the marital estate. 16. Pursuant to Section 3323(f) of the Pennsylvania Divorce Code, your Honorable Court has "full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require..." 17. Pursuant to Pa. R. C. P. 1920.43(a)(3), your Honorable Court has the authority to enjoin Respondent from further destroying and dissipating the marital estate by entering an order that grants Petitioner the power to proceed with the marketing of the property without involving Respondent or requiring his participation in any regard; more specifically, 1920.43(a)(3) provides: (a) At any time after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (3) grant other appropriate relief. 18. The relief sought by Petitioner Michelle Halter is necessary to protect her interests in the marital property, effectuate the purposes of the Divorce Code, and is required by the principles of equity and justice. 19. Respondent has refused to cooperate with Petitioner to list the home for sale. 20. Petitioner has no adequate remedy at law and will suffer irreparable financial harm and forever lose certain rights to equitable distribution of the marital property if Respondent is permitted to continue his failure to support the marital estate. 21. Pursuant to Section 3323(f) of the Divorce Code, the relief sought by this Petition can be fairly and expeditiously determined and disposed of in this action. WHEREFORE, Petitioner, Michelle A. Halter, respectfully requests your Honorable Court enter an order directing the sale of the marital residence, directing Respondent Mark Halter to pay Petitioner's reasonable counsel fees which were incurred for prosecuting this Petition, and such other relief as this Court may deem appropriate. Respectfully submitted, Shana M. Pugh, Esquire Law Offices of Pa k F. Lauer, Jr., LLC 2108 Market Street, Aztec Bldg. Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 Date Attorney for Plaintiff/Petitioner MICHELLE ANN HALTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-02459 MARK RICHARD HALTER : CIVIL ACTION-LAW Defendant DIVORCE/CUSTODY VERIFICATION I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. 7 / Date: CA) MICHELLE ANN HALTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MARK RICHARD HALTER, Defendant 06-2459 CIVIL ORDER OF COURT AND NOW, this gth day of August, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before August 29, 2006; 3. A copy of said answer will be filed with this Court; 5. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, M. L. Ebert, Jr., Xana M. Pugh, Esquire Attorney for Plaintiff/Petitioner ark Richard Halter Defendant J bas VINV -VSNN3d ,Orr-'' :7E<,' -1SW O 80,1 Wd 6- 50 900Z Atid1MN UOW 3H1 d0 30H.4C?-Ct3-HJ "N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN HALTER, Plaintiff V. NO. 2006-02459 MARK RICHARD HALTER, Defendant CIVIL ACTION -LAW IN DIVORC/CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant, Mark Richard Halter in the above-captioned action. Date: O'« O? Cindy S. Conley, quire HOWETT, KIS ?1GER, CONLEY HOLST, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Mark Richard Halter l ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN HALTER, Plaintiff V. MARK RICHARD HALTER, Defendant NO. 2006-02459 CIVIL ACTION -LAW IN DIVORC/CUSTODY CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Mark Richard Halter, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon Shana M. Pugh, Esquire, counsel for Plaintiff, Michelle Ann Halter, by depositing same in the United States mail, first class, on August 10, 2006, addressed as follows: Shana M. Pugh, Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Date:4 0-160G 01 Cindy S. Co , Esquire HOWETT, ISSINGER, CONLEY HOLST, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Mark Richard Halter N D GT -n n ? ? vI% ? ?? r?.?? -5 ?. ?,--,, ?C?. W ? ?;: cJ MICHELLE ANN HALTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MARK RICHARD HALTER, Defendant 06-2459 CIVIL ORDER OF COURT AND NOW, this 2e day of August, 2006, upon consideration of the Petition for Sale of Marital Residence, it appearing that the parties have been discussing a possible settlement of this matter, and upon the request of Counsel for the Defendant for a continuance of the date to Answer the Petition, and with the agreement of the Counsel for the Plaintiff, IT IS ORDERED AND DIRECTED that the Defendant shall file an answer to the Rule issued on August 9, 2006, on or before the close of business September 1, 2006. By the Court, Nana M. Pugh, Esquire Attorney for Plaintiff y4indy S. Conley, Esquire Attorney for Defendant A bas "` M. L. Ebert, Jr., 81;,!!VH4f OCS YHE AdiGPu iv! d IHI j0 °! MICHELLE ANN HALTER, Plaintiff vs. MARK RICHARD HALTER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-02459 CIVIL ACTION - LAW IN DIVORCE/CUSTODY Kindly withdraw the PETITION FOR SALE OF MARITAL RESIDENCE filed by Plaintiff on August 3, 2006, in the above captioned matter. Respectfully submitted, r Shana M-Pugh, Esquire ------ Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: ID# 200952 Tel. (717) 763-1800 Attorney for Petitioner n a ? -rt `- u KJ l` r, Ct'RF?- nirr -,1 Kann tJY > ?-a „v?CCi S E P 0 5 2006 MICHELLE ANN HALTER, IN THE COURT OF COMMON PEEA CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-2459 CIVIL TERM V. CIVIL ACTION - LAW MARK RICHARD HALTER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this q? day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order shall become effective upon the parties' separation, which is anticipated to occur when Mother relocates to 471 Waterleaf Court, Mechanicsburg, PA 17050. This Order shall not be effective while the parties remain in the same residence. 2. Legal Custody. The parties, Michelle Ann Halter and Mark Richard Halter, shall have shared legal custody of the minor children, Rhen Halter, born February 7, 2000, and Ethan Halter, born November 1, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. The parties shall share physical custody in accordance with the following schedule: A. Week One: Mother shall have custody on Monday, Tuesday, Friday, Saturday and Sunday, and Father shall have custody on Wednesday and Thursday. B. Week Two: Father shall have custody on Monday, Tuesday, Friday, Saturday and Sunday, and Mother shall have custody on Wednesday and Thursday. C. This two-week alternating schedule shall continue to rotate. The parties may deviate from this schedule upon their mutual agreement. NO. 06-2459 CIVIL TERM 4. Vacations. Each parent shall be entitled to two non-consecutive weeks of custody for purposes of vacation. For purposes of this Order, weeks shall be defined as commencing with Saturday of the regular custodial parent's weekend and continuing until the following Saturday. The parties shall provide each other with not less than two (2) weeks written notice of their intended vacation plans. In the event of a conflicting vacation schedule, the party who first provided written notice shall have choice of the vacation period. 5. Drug and Alcohol Use. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 6. Disparaging Language. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. Transportation. Father will pick up the children from Mother at the beginning of his custodial time after he gets off work. After Mother has had the children for her overnight period, which ends her custodial time, Mother will transport the children to school or daycare. 8. Holidays. The following holiday schedule shall supersede the regular schedule: A. Christmas. The parties shall share the Christmas holiday by mutual agreement. B. Thanksgiving. Mother shall have custody each year for the Thanksgiving holiday. C. Easter. Father shall have custody each year for the Easter holiday. D. The parties shall alternate the following holidays, commencing with Father having custody for Memorial Day in 2007: Memorial Day, Independence Day, Labor Day NO. 06-2459 CIVIL TERM BY THE COURT: J Dist: 0dy Conley, Esquire, 130 Walnut Street, Harrisburg, PA 17108 ana M. Pugh, Esquire, 2108 Market Street, Aztec Building, Camp Hill, PA 17011 1Q J MICHELLE ANN HALTER, V. MARK RICHARD HALTER, - ------------- _.w, . SEP B IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2459 CIVIL TERM : CIVIL ACTION - LAW Plaintiff IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Rhen Halter February 7, 2000 Ethan Halter November 1, 2002 CURRENTLY IN THE CUSTODY OF Mother Mother 2. Mother filed a Complaint for custody on July 12, 2006. A Custody Conciliation Conference was held on August 25, 2006. Present for the conference were: the Mother, Michelle Ann Halter, and her counsel, Shana M. Pugh, Esquire; the Father, Mark Richard Halter, and his counsel, Cindy Conley, Esquire. 3. The parties appeared for the Conference having not yet separated their residences. However, Mother has located a new residence, and plans to be moving within the next few months. Accordingly, because the parties were able to reach an agreement as to the custodial schedule, the Conciliator recommends an Order which would incorporate their agreement, to become effective only upon Mother's relocation to this new residence, and not before. r--? DI :282454 ivieiissa reel ureev) Custody Conciliator it MICHELLE ANN HALTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-02459 MARK RICHARD HALTER : CIVIL ACTION-LAW Defendant DIVORCE/CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 MICHELLE ANN HALTER, Plaintiff VS. MARK RICHARD HALTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-02459 CIVIL ACTION-LAW DIVORCE/CUSTODY PETITION FOR ECONOMIC RELIEF - EQUITABLE DISTRIBUTION AND NOW, Plaintiff, Michelle Halter, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, files this Petition for Economic Relief, and in support thereof, avers as follows: 1. Petitioner, Michelle Ann Halter, is the Plaintiff in this divorce action and currently resides at 471 Waterleaf Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Mark Richard Halter, is the Defendant in this divorce action and currently resides at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are husband and wife, having been married on June 22, 1996, in Cumberland County, Pennsylvania and are the natural parents to two minor children. 4. This action was commenced with the filing of a Complaint in Divorce on May 2, 2006. EQUITABLE DISTRIBUTION 5. The averments in paragraphs 1 through 4 are incorporated hereto as if fully set forth herein. 6. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in the possession of the l individual parties. WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute I or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors and thereby enter an I order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. Respectfully submitted, r? Marlin L. ar ey, Esquire Law Offices o Patrick F. Lauer, Jr., LLC 2108 Market treet, Aztec Bldg. Camp Hill, Pennsylvania 17011 ID# 84745 Tel. (717) 763-1800 Date: (? 1007 Attorney for Plaintiff/Petitioner MICHELLE ANN HALTER, Plaintiff VS. MARK RICHARD HALTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-02459 CIVIL ACTION-LAW DIVORCE/CUSTODY VERIFICATION I verify that the statements made 'in this Petition for Economic Relief - Equitable Distribution, 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: / 1G ?, ?., C j Y, ;rn N ?rn Cindy S. Conley, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Mark Richard Halter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN HALTER, Plaintiff ) V. ) NO. 2006-2459 CIVIL TERM MARK RICHARD HALTER, ) CIVIL ACTION - LAW Defendant ) DIVORCE/CUSTODY PETITION RAISING MARITAL CLAIMS AND NOW, comes Defendant, Mark Richard Halter, by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., who files this Petition Raising Marital Claims and in support thereof states as follows: Plaintiff is Michelle Ann Halter, an adult individual who currently resides at 471 Waterleaf Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Mark Richard Halter, an adult individual who currently resides at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant were married on June 22, 1996. 4. A Complaint for Divorce was filed by Plaintiff on May 2, 2006 in Cumberland County, Pennsylvania. Defendant hereby raises the following marital claims: COUNT I - ALIMONY AND ALIMONY PENDENTE LITE 6. The foregoing paragraphs of this Petition are incorporated herein as if set forth at length. 7. Defendant lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment and requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. Defendant is unable to sustain himself during the course of this litigation. WHEREFORE, Defendant requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT II - COUNSEL FEES, EXPENSES AND COSTS_ OF SUIT 9. The foregoing paragraphs of this Petition are incorporated herein as if set forth at length. 10. Defendant has retained an attorney to defend him in this action and has agreed to pay her a reasonable fee. 11. Defendant has incurred and will incur costs and expenses in defending this action. 12. Defendant is not financially able to meet either the expenses and costs of defending this action or the fees to which his attorney will be entitled in this case. WHEREFORE, Defendant requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Date: -30 c Respectfully submitted, Cindy S. Corley, Esquire % HOWETT, KI GER, CONL OLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Mark Richard Halter VERIFICATION I, Mark Richard Halter, hereby swear and affirm that the facts contained in the foregoing Petition Raising Marital Claims are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: / O? !o6k? Mark Richard Halter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN HALTER, ) Plaintiff ) V. ) NO. 2006-2459 CIVIL TERM MARK RICHARD HALTER, ) CIVIL ACTION - LAW Defendant ) DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Mark Richard Halter, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising Marital Claims was served upon Marlin L. Markley, Esquire, counsel for Plaintiff Michelle Ann Halter, by depositing same in the United States mail, first class, on January 30, 2007 addressed as follows: Marlin L. Markley, Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Date: D '6 `7 r I; :l???l Cindy S. Conley, Esq ire HOWETT, KISS , CONLE ST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Mark Richard Halter 4 G \Q Y P?l r? na C':3 m -4 71 -rrt CT i li!+ MICHELLE ANN HALTER, Plaintiff VS. MARK RICHARD HALTER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-02459 CIVIL ACTION - LAW DIVORCE Please withdraw the appearance of Marlin L. Markley, Esquire, in the above-captioned action as John Connelly, Esquire is entering his appearance for the Plaintiff. Respectfully submitted, M n L arkley, Esquire Law Off.es of Patrick F. Lauer, Jr., LLC 2108 Market Street - 2- 3 .2 0!? Camp Hill, Pennsylvania 17011 Date: j ID# 84745 Tel. (717) 763-1800 TO THE PROTHONOTARY: Please enter the appearance of John Connelly, Esquire in the above-captioned action. Respectfully submitted, (;jo? o nn ly, Es ire s Diett eric Connelly P.O. Box 650 Hershey PA 17033 ID# 15615 Tel. (717)-533-3280 ? ? r? ? .. ?`-_ " . ; ? h 1 c.tJ .? C.a? ,?,'/ ?? MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN MICHELLE ANN HALTER AND MARK RICHARD HALTER John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Michelle Ann Halter Cindy S. Conley, Esquire HOWETT KISSINGER CONLEY & HOLST, PC P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Mark Richard Halter MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2007, by and between MICHELLE ANN HALTER, of Cumberland County, Pennsylvania, and MARK RICHARD HALTER, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Mark Richard Halter (hereinafter called "Husband") currently resides at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania 17050; WHEREAS, Michelle Ann Halter (hereinafter called "Wife") currently resides at 471 Waterleaf Court, Mechanicsburg, Cumberland County Pennsylvania 17050; WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 22, 1996; WHEREAS, the parties have lived separate and apart since on or about May 2, 2006; WHEREAS, two children were born of the marriage between the parties, namely, Rhen Halter, born February 7, 2000 and Ethan Halter, born November 1, 2003; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Cindy S. Conley, Esquire, his counsel, and Wife has secured legal advice from John J. Connelly, Jr., Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all 2 marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need 3 for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset that is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife acknowledges that she has filed a Divorce Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 2006-02459. The parties agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Wife shall supply counsel for Husband with a copy of the Decree. 4 5. EQUITABLE DISTRIBUTION. A. Real Estate. Husband shall retain as his sole and separate property the marital residence located at 1320 Concord Road, Mechanicsburg, Cumberland County, Pennsylvania. At Husband's request, Wife shall execute a Deed transferring said title to Husband individually. The Deed shall be held in escrow by counsel for Husband pending Husband's removal of Wife's name from the existing debt on the property. Husband shall, within eighteen (18) months of the date of this Agreement, refinance the said property removing Wife's name from the existing debt. Pending refinancing and so long as Wife is in full and complete compliance with her support obligation pursuant to paragraph 7 hereof, Husband shall pay on a timely basis, all mortgage payments and other expenses relating to the said property. At the time of refinancing or sale of the property, Husband will pay to Wife the sum of Five Thousand ($5,000.00) Dollars representing an adjustment to equitable distribution whereby Husband contributes to the marital debts. In the event there is an arrearage on the parties' Support Order pursuant to paragraph 7 hereof, the said arrearage shall be deducted from the Five Thousand ($5,000.00) Dollars at the time of Husband's payment to Wife. Wife reserves the right to pay the balance on any arrearage at any time. As indicated previously, so long as Wife is in full and complete compliance with her support obligation, Husband shall timely pay all mortgage payments. In the event any mortgage payment is in excess of thirty (30) days late, Wife reserves the right to make the payment directly to the mortgage company. Any amount paid by Wife shall be added to the Five Thousand ($5,000.00) Dollars due from Husband to Wife unless Wife is not in full and complete compliance with her support obligation, in which case the direct payments by Wife toward the 5 mortgage shall first be considered as a credit toward her obligation and if her direct payments exceed her support arrearage, the excess amount shall be added to the Five Thousand Dollars ($5,000.00) owed to Wife. In the event that Wife is in full and complete compliance with her support obligation, and the mortgage is delinquent in excess of sixty (60) days or Husband is unable to refinance the mortgage within eighteen (18) months, husband shall immediately place the property for sale. Any mortgage payments made by Wife on the property either after the initial thirty (30) day period or pending sale, shall be credited to her and in addition to the Five Thousand ($5,000.00) Dollars due to Wife, those amounts shall be added to the balance due to her, unless Wife is not in full and complete compliance with her support obligation, in which case the direct payments by Wife toward the mortgage shall first be considered as a credit toward her support obligation and if her direct payments exceed her support arrearage, the excess amount shall be added to the Five Thousand Dollars ($5,000.00) owed to Wife. In the event Husband remarries or cohabitates with a member of the opposite sex in a romantic relationship, during the eighteen (18) month period, he shall immediately take steps to refinance or sell the property in order to remove Wife's name from the debt associated with the property. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. 6 An exception to the above are items contained on Exhibit "A" attached hereto and made a part hereof by reference. Said items shall be the property of Wife and shall be removed by Wife within thirty (30) days of the execution of this Agreement. C. Motor Vehicles. Each party shall retain the motor vehicle in their possession. At the time of separation, Husband owned a Dodge Caravan which was sold prior to the parties' separation and the proceeds divided equally between the parties. Husband currently owns an Isuzu Rodeo which he acquired after separation and is his sole and separate property. Wife has titled in her name individually a 2002 Ford Explorer. From the date of this Agreement forward, each party shall be responsible for their own car insurance. Wife has a debt on her vehicle to the BELCO Community Credit Union. She will assume sole responsibility for said debt and indemnify Husband and hold him harmless on the said debt. D. Life Insurance. Each party shall retain any life insurance policies in their individual names whether supplied through their employer or owned separately. E. Pension and Retirement Benefits. Each party shall retain any pension or retirement benefits in their individual names with the exception as set forth below. Wife agrees that she will transfer from her 401(k) plan through Verizon to Husband pursuant to a Qualified Domestic Relations Order the amount necessary to payoff the parties' marital credit card with Union Plus Mastercard having a total current balance due of $15,824.01 as of May 11, 2007. The transfer to Husband pursuant to a Qualified Domestic Relations Order shall include an amount necessary to pay any tax liability due by Husband because of the cashing of the proceeds of the Qualified Domestic Relations Order. It is estimated that Husband's tax liability will be 7 approximately $2,400.00. Therefore, Husband will receive pursuant to the Qualified Domestic Relations Order the sum of $18,224.01 which represents the balance due on the credit card in the amount of $15,824.01 plus the estimated tax liability (which shall include federal, state and local tax and any penalty for early withdrawal) on the cashing of the 401(k) in the amount of $2,400.00. In the event Husband's tax liability on the cashing of the 401(k) is less than $2,400.00, he shall return the remainder to Wife within thirty (30) days of the filing of his 2007 income tax returns. In the event Husband's tax liability in the cashing of the 401(K) is more than $2,400.00 Wife shall pay Husband the amount of such liability in excess of $2,400.00 within thirty (30) days of the filing of his 2007 income tax returns. In order to determine the amount actually due on the 401(k) funds, Husband shall calculate his tax liability with and without these funds included in his income to determine the actual tax due and shall notify Wife within ten (10) days of the date of the completion of his 2007 Income Tax Return but in no event later than April 15, 2008. Husband shall be entitled to all tax deductions stemming from the marital residence during the tax year 2007 including, but not limited to, mortgage interest and real estate taxes. Husband's tax liability on the 401(k) funds shall not include any penalty or interest for failure to pay the tax due in a timely fashion. It shall be Husband's responsibility, immediately upon receipt of the monies from the Qualified Domestic Relations Order, to pay to the Union Plus Mastercard the sum of Fifteen Thousand Eight Hundred Twenty Four Dollars and One Cent ($15,824.01) retaining the remaining amount to pay his tax liability. Either party shall execute any documents necessary to effectuate the terms of this paragraph. Wife shall be responsible for the preparation of the Qualified Domestic Relations Order referenced herein. F. Bank Accounts. Each party shall retain as their sole and separate property any bank accounts in their individual names. The parties' joint account at BELCO Community Credit Union shall be retained by Wife individually. Husband shall execute any documents necessary to transfer the account to Wife. G. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 9 I. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. The parties have the following marital debts: (1) The parties home mortgage with Chase Mortgage with a principal balance of approximately $110,000.00 which shall be Husband's responsibility pursuant to paragraph 5(a) hereof. (2) The balance due to BELCO Community Credit Union for a bill consolidation loan in the amount of approximately $7,439.00 which shall be Wife's sole responsibility. (3) The Union Plus Mastercard having a balance of $15,824.01 referred to in paragraph 5(a) hereof. By the rollover of the 401(k) funds referenced herein, Wife is assuming responsibility for the payment of the Union Plus Mastercard. As stated previously, Wife shall be responsible for the BELCO Community Credit Union debt on her vehicle. In addition to the debts contained herein, Wife has borrowed an additional Two Thousand Nine Hundred ($2,900.00) Dollars from her 401(k) to pay monies due on household related expenses which are marital debts of the parties. In addition to the debts referenced herein, Wife also assumes responsibility for any balance due on her 401(k) loan. 10 K. Liability not Listed. 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. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorneys' fees incurred by Husband in connection therewith. 11 N. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys' fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. SUPPORT. A. Currently the parties share equally custody of their minor child, Rhen Halter born February 7, 2000 and Ethan Halter, born November 1, 2003. The parties agree that commencing on June 1, 2007 Wife shall pay to Husband for a period of four (4) years, the sum of One Thousand Three Hundred ($1,300.00) Dollars per month in unallocated family support. Each party shall be 12 entitled to one exemption for the children and, if permitted by Law, each party will be entitled to claim head of household. The division of the tax exemptions shall continue so long as the parties share physical custody of the children. The unallocated family support payments hereunder are also paid in contemplation of the shared custody arrangement. Any change in the shared custody would subject this payment to modification. The amount set forth herein shall be entered as a modification to the current Order of Court in the Court of Common Pleas Cumberland County, Pennsylvania, Domestic Relations Division, indexed to PACSES Case No. 699108907, as unallocated family support. This covers a payment to Husband after divorce (alimony) as well as child support for the parties' two children. At the end of four (4) years from June 1, 2007, the Order shall be modified based on each party's income at the time as support for two children based on the then custodial arrangement. Any portion of the Order representing spousal suppordalimony pendente lite/alimony shall terminate. In any event, should Husband remarry or cohabitate with a member of the opposite sex, in a romantic relationship or the death of either party, the unallocated family Support Order shall terminate and shall be recalculated based on the custodial arrangement at the time for the support of two children. Except as specifically provided herein, the unallocated family support is not otherwise subject to modification. The said Support Order referenced above shall be modified to $1,300.00 per month in unallocated family support effective June 1, 2007. The only conditions under which the said Order shall be modifiable would be in the event of the loss of Wife's employment through no fault of her own, or a significant involuntary reduction or an increase in either party's income. For the purposes of this Agreement, a significant reduction or an increase shall be 50% or more of the party's gross income at the time of the reduction or increase. With the exception of the above and cohabitation or 13 remarriage of Husband, or the death of either party, no modification shall occur for the four (4) year period set forth herein. In arriving at an amount of unallocated family support, the parties have taken into account the equitable distribution of marital property and the assumption of debts specifically provided herein. All such payments referenced herein as unallocated family support payable by Wife to Husband shall be totally tax deductible to Wife and includable in Husband's income as referenced in Section 71(b)(1)(A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Wife, when received by Husband, shall be deductible in the year of payment by Wife pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Husband pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto. B. The parties anticipate a pre-school expense for their youngest child, Ethan. The parties agree, absent a significant change in their incomes, that Wife will pay seventy percent (70%) and Husband will pay thirty percent (30%) of the pre-school cost which is anticipated at One Hundred Ten ($110.00) Dollars per month. C. Wife shall continue to provide medical insurance coverage for Husband until entry of a final decree in divorce so that he will be offered COBRA coverage at the time of divorce which he may at his option and expense, elect to obtain. Wife shall continue to provide health insurance coverage for the children through her employment until further order of court or agreement of the parties. Uninsured medical expenses of the children shall be shared by the parties with 14 Husband being responsible for thirty (30%) percent and with Wife being responsible for seventy (701/6) percent. D. The parties agree that the above provisions shall be entered as an order of and enforceable through the Cumberland County Court of Common Pleas, Domestic Relations Section, index to PACSES Case Number 699108907. E. The parties also acknowledge that at the time of separation they owned a dog and two (2) cats to which the children have developed a strong emotional attachment. The parties further acknowledge that the animals remain at the marital residence, which is to become Husband's sole and separate property pursuant to the terms of this Agreement because Wife's current living arrangements do not permit her to house the animals. Recognizing the strong emotional attachment of the children to the animals, the parties further acknowledge that since separation, Wife has contributed to the expenses of the animals including food and veterinarian bills. The parties agree that Wife shall continue to contribute to the food and veterinarian bills of these animals as she has since separation and, Husband will continue to maintain them at the marital residence for the children. The parties agree that in the event any of the animals suffers an illness which would result in extensive veterinarian bills (extensive being defined as anything in excess of $150.00), that neither party will be required to contribute to said expense. In the event that Wife's living arrangements change such that she can have the animals reside with her, then, at her request, the animals will be transferred to her at which point she will assume sole and exclusive responsibility for them. Any animal acquired after the date of separation by either party, shall be the full responsibility of that party. The parties acknowledge that this provision dealing with the animals, shall not be incorporated into the support order. 15 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waive all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §§3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in 16 this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement 17 or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse"s estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 18 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Mark Richard Halter 1320 Concord Road Mechanicsburg, PA 17050 and to Wife, if made or addressed to the following: Michelle Ann Halter 471 Waterleaf Court Mechanicsburg, PA 17050 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 21 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS t??? WITNESS MARK RICHARD HALTER 22 COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared MICHELLE ANN HALTER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. /Cl GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2007. 21 ublic in and for Commonwealth of Pe Ivan' Typed or printed name of Notary: My commission expires: COMMONWEALTH OF PENMSYLVAMIA NOTARIAL SEAL DEBRA M. SHIMP, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUMIT My COMMISSION EXPIRES AUG. 29, 2009 • a COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared MARK RICHARD HALTER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Sf day of 2007. 'p?otary P is in d for Commonwealth of Pennsylva ' Typed or printed name of Notary: • Clo .? f My commission expires: MQNWF.AITH OF PENNSYLVANIA L-N10,TA",,;AL SEAL GING, NOTARY PUBLIC CITY OF G, PHCOUNTY MY DW PIitES fViAY 17.260$ EXHIBIT "A" 1. Toy box in Rhen's room - handcrafted by Wife's brother 2. Old fashioned desk with attached chair - in Rhen's room 3. 3-drawer dresser currently in Ethan's closest 4. Black chair style back massager 5. 4 outdoor (angel) planters - 2 round terra cotta and 2 rectangular 6. 2-hand print stepping stones and birdhouse 7. Sitting garden angel 8. Women's bike 9. 8 x 10 Christmas photo of the boys in frame (Wife will provide a duplicate copy to Husband) 10. Miscellaneous holiday decorations 11. 2 glass fish bowls C?;7 i'? ?_. ? ? ....{ "l +?('1 ..? ?.... E1? y:? ?_ ?) }"; A ??.1 l i.. ,?R X '.? _ _ t €-? ,°i!? i !? , f ..6 MICHELLE ANN HALTER, PLAINTIFF V. MARK RICHARD HALTER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-02459 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. AND NOW, this 31" day of May, 2007, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint was served on the Defendant, Mark Richard Halter, on May 10, 2006, by certified mail number 7004 0750 0003 4479 4682, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this r day of 1 Y , 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maria B. LaRue, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 8, 2009 ? )- ?- a -(X,: ??'N o J( Co lly, Jr., Esquire --, ` Member, Pennsylvania Assoclation of Notaries ¦ Complete Items 1, 2, an&T-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: Aalk gii 4v;4 ffivftr 1320 c0l)(Cl 64 A. • Signature X ? Addre B. Received by (Printed Wne) C. Date of 961 D. Is delivery address different from If YES, enter delivery address b 3. Service Type \-,'Q '^ -----y?: !??( Certified mail ? Express • 70 ? Registered d Retum Receipt for MerchE ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7004 0750 0003 4479 4682 ( wV#br Aom se?rtce law Ps Form 3811, August 2001 Dorneedc Retum Receipt 102595.02-M-1540 c? n.> m c j - -r cri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN HALTER, Plaintiff ) V. ) NO. 2006-2459 CIVIL TERM MARK RICHARD HALTER, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 2, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. falsification to authorities. Date: ,?6D 7 , riamnu Fn .cam ?^ Cs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN HALTER, Plaintiff ) V. ) NO. 2006-2459 CIVIL TERM MARK RICHARD HALTER, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 2, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above 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: -Wa J, L AWES Mark Richard Halter, Defendant rN 0 Czp C; N MICHELLE ANN HALTER, PLAINTIFF V. MARK RICHARD HALTER, DEFENDANT PI To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-02459 CIVIL ACTION - LAW IN DIVORCE ZAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: by certified, restricted mail on May 10, 2006, as evidenced by the Affidavit of Service on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff. May 18, 2007; by Defendant: May 21, 2007. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: .4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated May 21, 2007. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff. May 18, 2007; by Defendant: May 21, 2007. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: both Plaintiff's and Defendant's Waivers are being filed contemporaneously herewith. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: gs? 3 61 Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 r t? c'? ? -'S"t 'e'' C ? ?TI s' ..- ? ? ";fit _. 4 ?- ;.::;:a ???s? ?? _y} , 4 j( fl ?? _ C. ? 'fy' ?} ?--? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MICHELLE ANN HALTER, NO. 2006-2459 Plaintiff VERSUS MARK RICHARD HALTER, Defendant DECREE IN DIVORCE AND NOW, ?0 Ny , 2007 , IT IS ORDERED AND DECREED THAT AND Michelle Ann Halter Mark Richard Halter ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement is hereby incorporated but not merged, into this Decree in Divorce. BY THE COURT: J. AST: v- , ,/ P R OTHf0MTA RY fiv jo :z Avr" Z-a- ip f- /rv'`' 4p -,xv ass s Cindy S. Conley, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Mark Richard Halter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN HALTER, ) Plaintiff ) V. ) MARK RICHARD HALTER, ) Defendant ) NO. 2006-2459 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY PRAECIPE WITHDRAWING ANCILLARY CLAIMS TO THE PROTHONOTARY: Please withdraw all ancillary claims filed by the Defendant, Mark Richard Halter, in the above-captioned action. Respectfully submitted, Date: ?Z_)' Cindy S. Conle , Esquire HOWETT, KI SINGER, CONLEY OLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Mark Richard Halter ? ° Q v a OCT 1 9 2007&1 MICHELLE ANN HALTER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MARK RICHARD HALTER, DEFENDANT NO. 2006-02459 CIVIL ACTION - LAW IN DIVORCE Stipulation for the Entry of Qualified Domestic Relations Order The parties, Michelle Ann Halter, Plaintiff, and Mark Richard Halter, Defendant, do hereby stipulate as follows: 1. Michelle Ann Halter, date of birth May 18, 1970 (Social Security Number 211- 58-6587), hereinafter referred to as "Participant" is a participant in the Verizon Savings and Security Plan for Mid-Atlantic Associates (hereinafter referred to as the "Plan") 2. The current and last known mailing address of Participant is 471 Waterleaf Court, Mechanicsburg, Pennsylvania 17050. 3. Mark Richard Halter, Defendant, date of birth January 28, 1968 (Social Security Number 186-64-0032), hereinafter referred to as "Alternate Payee," is the spouse of the Participant and has raised claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. Section 3101, et SeMc . 4. The current and last known mailing address of Alternate Payee is 1320 Concord Road, Mechanicsburg, Pennsylvania 17050. 5. This order applies to the following plan: Verizon Savings and Security Plan for Mid-Atlantic Associates. 6. This Order is entered pursuant to the authority granted under the applicable Domestic Relations laws of the State of Pennsylvania. 7. The Participant's account in the Plan is marital property subject to distribution by this Court. W v! ti _ iki- F.0 6C:0R 0--ANMaZ or?F ilJ 8. This Order assigns to the Alternate Payee an amount equal to $18,224.01 of the Participant's vested account balance under the Plan (identified in Paragraph 1) as of the liquidation date, which is defined as the date a separate account is established for the Alternate Payee). If the assigned amount is greater on the liquidation date than the net vested account balance after any outstanding loan balances and/or withdrawals have been deducted, the net vested account balance will be the assigned amount. 9. The distribution to Alternate Payee from the Plan shall be made as soon as administratively practicable following the Plan's determination that this order is a Qualified Domestic Relations Order. 10. If the Participant predeceases the Alternate Payee prior to payment of the Alternate Payee's assigned benefits under the Plan, the Alternate Payee's benefits will not be affected. 11. In the event the Alternate Payee dies before the Alternate Payee's benefit is paid, the benefit shall be paid in accordance with applicable Plan provisions regarding payments to beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of Alternate Payee before the Plan determines that this order is a Qualified Domestic Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan. 12. The parties shall promptly notify the Plan of any change in their addresses from those set forth in this Order. 13. Participant and Alternate Payee shall each be responsible for his or her own federal, state, and local income and other taxes attributable to any and all payments from the Plan which are received by Participant and Alternate Payee respectively. The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally provided to participants in the Plan with respect to the taxability of distributions from the Plan. 14. Nothing contained in this Order shall be construed to require any plan or plan administrator: (a) to provide to the Alternate Payee any type of form of benefit or any option not otherwise available to the Participant under the Plan, or (b) to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order determined by the Plan Administrator to be a Qualified Domestic Relations Order before this Order is determined by the Plan Administrator to be a Qualified Domestic Relations Order. 15. It is the intent of the parties and the court that the provisions of this Order operate as an effective assignment of the Participant's interest in the Plan under both federal and state laws, for all purposes, and constitute a valid Qualified Domestic Relations Order in compliance with Section 414 (p) of the Internal Revenue Code and Section 206 (d) (3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984. 16. The parties intend and agree that the terms of this Stipulation shall be approved, adopted and entered as an Order of Court. 17. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order; provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provided that no such amendment or right of the Court to so amend will invalidate this Order. 18. A certified copy of this Order shall be served upon the Plan. Said Order shall take effect immediately upon approval of the Order by the Plan and shall remain in effect until further Order of Court. BY THE COURT: Dated: 10 ? 31 101 ? A, ATTORNEY FOR PARTICIPANT le Ann Halter ALTERNATE PAYEE -44c--k 4z&) Mark Richard Halter ATTORNEY FOR ALTERNATE PAYEE 6 G- Don T. Kissinger, Esqui CONSENTED TO: ,, Distribution: John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17108 ma, LL /1/1/07 tj;--.YA