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Home My WebLink About06-37900 SHERRI K. NOLAN, Plaintiff V. KEIR M. NOLAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2006- 3 1 qC) CIVIL TERM CIVIL ACTION-LAW 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SHERRI K. NOLAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006- 3 94o CIVIL TERM KEIR M. NOLAN, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Sherri K. Nolan, an adult individual who currently resides in Cumberland County, Pennsylvania, and who is protected by a protection from abuse order. As such, her address will not be disclosed. She can be reached c/o Michael A. Scherer, Esquire, O'Brien, Baric & Scherer, 19 West South Street, Carlisle, Pennsylvania, 17013. 2. Defendant is Keir M. Nolan, an adult individual who currently resides at Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania, 17015-8561. 3. Plaintiff and the Defendant have been bonafide 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 October 22, 1994 in Chesterfield County, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 6. Plaintiff and Defendant are not in the Armed Forces of the United States. 7. Plaintiff avers that the marriage between the parties is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Date: July 5 , 2006 Respectfully submitted, O'BRIEN, BARIC & SCHERER *4qfz?i Michael A. Scherer, Esquire I. D. # 69174 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestic\Nolan\dlvorce.comp SHERRI K. NOLAN, Plaintiff V. KEIR M. NOLAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Sherri K. Nolan Date: June )(, , 2006 I C-1 C s b 4 rL 6? ,Sl ., W , SHERIFF'S RETURN - REGULAR CASE NO: 2006-03790 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOLAN SHERRI K VS NOLAN KEIR M MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE NOLAN KEIR M DEFENDANT at SENTINEL CARLISLE, PA 17013 KEIR M NOLAN was served upon by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 R. Thomas Kline .00 32.79 .? 07/11/2006 OBRIEN BARIC SCHERERR ---? Sworn and Subscibed to By: - r before me this day Deputy Sheriff the at 0825:00 HOURS, on the 12th day of July , 2006 457 EAST NORTH STREET of A. D. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SHERRI K. NOLAN Plaintiff Vs. Docket No. 2006 - 3790 KEIR M. NOLAN Defendant MOTION FOR APPOINTMENT OF MASTER Sherri K. Nolan (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: Divorce (x) Distribution of Property (} Annulment ( ) Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, Esquire). (3) The Staturory ground (s) for divorce (is) (are) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: (5) The action (involves) (does not involve) complex issues of law or fact (6) The hearing is expected to take (hours) (days). (7) Additional information, if any, relevant to the motion: Date: June . 2007 Attorney fbr (Plaintiffs (Defendant) Print Attorney Name .... Michael A. Sc erif rer, Esquire ORDER APPOINTING MASTER AND NOW, , 2007 , Esquire is appointed master with respect to the following claims: By the Court: J. 'J - i _ i.? _ .-«_ '--? f_ r,. i t. b ti ` s 2007 P1,a : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SHERRI K. NOLAN Plaintiff Vs. Docket No. 2006 - 3790 KEIR M. NOLAN Defendant MOTION FOR APPOINTMENT OF MASTER Sherri K. Nolan (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: (J? Divorce 00 Distribution of Property () Annulment ( ) Support () Alimony () Counsel Fees (} Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, . Esquire). (3) The Staturory ground (s) for divorce (is) (are) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: (5) The action (involves) (does not involve) complex issues of law or fact (6) The hearing is expected to take (hours) (days). (7) Additional information, if any, relevant to the motion: Date: June 2007 Attorney r (PgliitiO (Defendant) Print Attorney Name ....Michael A. Sc eIr rer, Esquire AND NOW, Lk I 2007 , is appointed mas with respect to the following 0 By J. --,. LL- CD Q? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY NOLAN, NO. 2006-3790 Petitioner V. KEIR NOLAN, Defendant Divorce ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on half of Keir Nolan, the Defendant in the above-referenced matter. Respectfully submitted, S. Harper La? ce By: Scott A. Harper, Esq.' ID No. 200461 Attorney for Keir Nolan 1701 W. Market St. York, PA 17404 Telephone 717-718-8672 cc: Divorce Masters Office of Cumberland County Michael Scherer, 19 W. South St., Carlisle, PA 17013 94 v ?lF3 N CAD SHERRI K. NOLAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3790 CIVIL TERM KEIR M. NOLAN, CIVIL ACTION-LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SHERRI K. NOLAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3790 CIVIL TERM KEIR M. NOLAN, CIVIL ACTION-LAW Defendant IN DIVORCE AMENDED DIVORCE COMPLAINT TO RAISE FAULT GROUNDS FOR DIVORCE 1. Plaintiff is Sherri K. Nolan, an adult individual who currently resides in Cumberland County, Pennsylvania, and who is protected by a protection from abuse order. As such, her address will not be disclosed. She can be reached c/o Michael A. Scherer, Esquire, O'Brien, Baric & Scherer, 19 West South Street, Carlisle, Pennsylvania, 17013. 2. Defendant is Keir M. Nolan, an adult individual who currently resides at 278 South Lewisberry Road, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff and the Defendant have been bonafide 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 October 22, 1994 in Chesterfield County, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 6. Plaintiff and Defendant are not in the Armed Forces of the United States. 7. Plaintiff avers that the marriage between the parties is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff alleges that in violation of his marriage vows, the Defendant has over a period, in Cumberland County, and other places offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. 10. This action in divorce is not conclusive. WHEREFORE, Plaintiff prays your Honorable Court to enter a decree in divorce. COUNT 11- EQUITABLE DISTRIBUTION 11. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above. 12. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER /V" A /I Mich el A. Scher , Esquire I.D. No. 69174 19 West South Street Date: July 6, 2007 Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/nolan/amended.com '11 ..+ SHERRI K. NOLAN, Plaintiff V. KEIR M. NOLAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Amended Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. G Date: June -20 , 200Q? Sherri K. Nolan CERTIFICATE OF SERVICE I hereby certify that on July 6, 2007, I, Amanda L. Fisher, secretary at O'Brien, Baric & Scherer, did serve a copy of the Amended Divorce Complaint To Raise Fault Grounds For Divorce, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Scott A. Harper, Esquire 1701 West Market Street York, Pennsylvania 17404 Amanda L. Fisher ,-_.? ?? ? K1 ? .. ? ?_,_, -'t'1 i :'[ 1 '}'S ? =_. 1 } i '. _. ? ? C`7 _ _ ? ('1'? ...- 12/20/2007=6:03:26 PM=vglr-Nolan PRAEAPCUMB=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRI K. NOLAN, : No: 2006-3790 PLAINTIFF V. :: CIVIL ACTION-LAW KEIR M. NOLAN, DEFENDANT TO PROTHONOTARY: DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter my appearance as counsel for Plaintiff in the above-captioned action. DATE: d QQC Ern b- k, Q -&-b? Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP BY: David C. Schanbacher, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court M 48446 ?? r -z?'=' ? -??? ? ?, ? ,? SHERRI K. NOLAN, Plaintiff V. KEIR M. NOLAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3790 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothnotary: Withdraw my appearance on behalf of Plaintiff, Sherri Nolan. Date: I2' ILI' J1 K Michael A. Scherer, Esquire I.D. No. 69174 O'Brien, Baric & Scherer 19 W. South Street Carlisle, PA 17013 (717) 249-6873 C? 1/3/2008=4:54:08 PM=vgh--Nolan Praeapwd Cumb Certserv=F#I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRI K. NOLAN, : No. 2006-3790 PLAINTIFF V. : CIVIL ACTION - LAW KEIR M. NOLAN, : DIVORCE DEFENDANT CERTIFICATE OF SERVICE I hereby certify that I have on this date served the PRAECIPE FOR WITHDRAWL OF APPEARANCE and PRAECIPE TO ENTER APPEARANCE on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by United States first class mail, postage pre-paid as follows: Scott Harper, Esquire 1701 West Market Street York, Pennsylvania 17404 Michael A. Scherer, Esquire 19 W. South Street Carlisle, Pennsylvania 17013 DATE: &c-e(or1b9t ODoo7 Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP BY: ?'? ?? °(" David C. Schanbacher, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 48446 Ci _ P SHERRY NOLAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3790 KEIR M. NOLAN, Defendant : CIVIL ACTION- DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND INTERIM FEES AND NOW comes the defendant, Keir Nolan, by and through his attorney, Scott Harper, Esquire and files the following: 1 2 3 Defendant, Keir Nolan, currently reside at 928 W. King Street, York, PA 17401-3604, his date of birth is Amil 3, 1970, and his Social Security number is 168-66-3832. Plaintiff, Sherri Nolan, currently resides at 418 Ross Ave, New Cumberland, PA 17070- 2636, her date of birth is July 22, 1956, and her Social Security Number is 231-88-5721 . Defendant, Keir Nolan, moves the Court for an Order requiring Plaintiff to; a) pay alimony pendente lite through the Domestic Relations's office. b) acquire and maintain hospitalization and major medical insurance covering Defendant; 4. c) keep all his life insurance in effect, and designate and maintain Defendant as sole beneficiary. As grounds for this Petition, Defendant states his income is too low to effectively legally defend himself in divorce litigation against his wife the Plaintiff who earns approximately five times the income of the Defendant. 5. Additional grounds for this Petition include the Defendant's inability to control or divest or liquidate any marital assets because the Plaintiff exercises total control over all marital assets. WHEREFORE, the Defendant respectfully requests this Honorable Court to grant the Petitioner's request for APL and Interim Fees. Respectively Scott Harper, Esquire PA Supreme Ct ID 200461 1701 W. Market Street York, PA 17404 (717) 718-8672 SHERRY NOLAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3790 KEIR M. NOLAN, Defendant : CIVIL ACTION- DIVORCE VERIFICATION I, Keir Nolan hereby state that the facts contained in the attached document(s) set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities). Date: a -.',?W Q?'.?-???ignature) IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA SHERRY NOLAN Plaintiff NO. 2 0 0 6- 3 7 9 0 V : CIVIL ACTION - LAW : IN DIVORCE KEIR M. NOLAN Defendant DRS ATTACHMENT FOR APL PROCEEDINGS PETITION NAME K _ . ' Nolan ADDRESS 2406 Cape Horn gd- Red Lionppa_ BIRTH DATE 4-03-70 (Apt E- SOCIAL SECURITY NUMBER 168-66-3812 HOMEPHONE 7178173038 WORK PHONE 717-873-2889 EMPLOYERNAME Shelter Property LL EMPLOYER ADDRESS 218 N. Charles S t u' e JOPB TITLE/POSITION Baltimore. Md . Maint Tech,-Lead person DATE EMPLOYMENT COMM]W. CED 6-12-07 GROSS PAY 14.50 NET PAY 1 0 5 0 OTHER INCOME 0 ATTORNEY'S NAME _ Scott Harper, Esq. ATTORNEY'S ADDRESS 1701 W. Market St.,York PA174 ATTORNEY'S PHONE NUMBER 717-718-8672 17356 5) ?1201 RESPONDENT NAME 8ierri K. Nolm ADDRESS 6360 _ BIRTH DATE o"?3 a34 7-22,96 SOCIAL SECURITY NUMBER 231-88-5721 HOMEPHONE 804-743-9517 WORK PHONE 717-770-6425 EMPLOYER NAME Supply Systems Specialist EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT CONVv ENCED 1- 1980 GROSS PAY 104 000.00 NET PAY OTHERINCOME 3,000.00 Rentals ATTORNEY'S NAME D%dd C ATTORNEY'S ADDRESS 30 N.Gacup Strnet,Yc k,Pa. 17401 ATTORNEY'S PHONE NUMBER 717-846-8646 MARRIAGE INFORMATION DATE OF MARRIAGE Ober 22, 1994 PLACE OF MARRIAGE Q?berfi?ld oy,vizgirua DATE OF SEPARATION 2-28-06 ADDRESS OF LAST MARITAL HOME Q p 2404-Red Mill Circle,N.C..17070 DESCRIPTION OF DOCUMENT RAISING APL CLAIM QeT?i o v? DATE APL DOCUMENT FILED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY NOLAN Plaintiff NO. 2 0 0 6- 3 7 9 0 V CIVIL ACTION - LAW IN DIVORCE KEIR M. NOLAN Defendant DRS ATTACHMENT FOR APL PROCEEDINGS PETITION NAME Ke.i r Nolan ADDRESS ,Pa- Horn Rd. Red Lion 2406 Cape BIRTH DATE ' 4-03-70 (Apt E- SOCIAL SECURITY NUMBER 168-66-3832 HOME PHONE 7178173038 WORK PHONE 717-873-2889 EMPLOYERNAME Shelter Pro ert LL EMPLOYER ADDRESS 218 N. Charles S t u i JOPBTTTLE/POSITION Baltimore. Md. Maint Tech,-Lead person DATE EMPLOYMENT COMMENCED 6-12-01 GROSS PAY 1 4.5 0 NET PAY 1 0.5 0 OTHER INCOME 0 ATTORNEY'S NAME Scott ATTORNEY'S ADDRESS 1701 W. Market St.,York PA174 ATTORNEY'S PHONE NUMBER 717-718-8672 17356 5) 21 201 4 RESPONDENT NAME Sherri K. N:)Im ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER 231-88-5721 HOME PHONE 804-743-9517 WORK PHONE 717-770-6425 EMPLOYER NAME Supply Systems Specialist EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED 1- 1980 GROSS PAY 104 000.00 NET PAY 011-IERINCOME 3,000.00 Rentals ATTORNEY'S NAME Dmdd C ATTORNEY'S ADDRESS 30 N.Gacmft Stieet,Yak,Pa. 17401 ATTORNEY'S PHONE NUMBER 7174846-8846 MARRIAGE INFORMATION' DATE OF MARRIAGE 0obJxr 22, 1994 PLACE OF MARRIAGE wield Q71Ilty,? rri a DATE OF SEPARATION ADDRESS OF LAST MARITAL HOME 2404-Red Mill Circle,N.C. 17070 DESCRIPTION OF DOCUMENT RAISING APL CLAIM ?e'1'; o ti DATE APL DOC JM]RE T FILED ` = c? C7 CIO -!i.° 11 C7 e ' n? SHERRI K. NOLAN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-3790 CIVIL TERM KEIR M. NOLAN, IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 955109871 ORDER OF COURT AND NOW, this 11th day of March, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on April 22, 2008 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent David C. Schanbacher, Esq. Scott Harper Esq. Date of Order: March 11, 2008 .. t. R. J. S day, Conference Officer r YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 -, 23 e = ? M Fr -_- F . SHERRY K. NOLAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-3790 CIVIL TERM KEIR M. NOLAN, IN DIVORCE Defendant/Petitioner PACSES CASE ID: 955109871 ORDER OF COURT AND NOW, this 22nd day of April 2008, based upon the Court's determination that the Petitioner's monthly not income/earning capacity is $ 2,703.62 and the Respondent's monthly net income/earning capacity is $ 5,643.28, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Two Hundred Fifty-Four and 00/100 Dollars ($ 1,254.00) per month payable bi-weekly as follows: $ 1,254.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: mid-June, 2008. The effective date of the order is March 6. 2008. Credit set at -$ 2,299.19 as of April 22, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent: in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Keir M. Nolan. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must iticlude the Respondent's name with their PACSES Member Number or Social Security Numbef in order to be processed. Do not send cash by mail. cc360 The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31st of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100%I, by the Petitioner. [] Respondent [X] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [X] Petitioner [] Respondent shall submit to the other parry written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The Petitioner is to maintain his own medical insurance coverage. The Respondent is given credit in the amount of $ 4,625.10 from disbursements to the Petitioner from York County under PAC SES Case #109109241. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: April 23. 2008 to: Petitioner Respondent Scott A. Harper, Esq. David C. Schanbacher, Elsq. Petitioner's Attorney Respondent's Attorney BY THE COURT, 5?,- * /,Z vin A. Hess, J. DRO: R.J. Shaddav d . `% ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 06-3790 CIVIL State Commonwealth of Pennsylvania O Original Order/Notice Co./City/Dist. of CUMBERLAND Q Amended Order/Notice Date of Order/Notice 04/22/08 Q Terminate Order/Notice Case Number (See Addendum for case summary) RE: NOLAN, SHERRI K. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 231-88-2751 Employee/Obligor's Social Security Number DFAS CLEVELAND CENTER* 0990101846 C/O DFAS-HGA/CL Employee/Obligor's Case Identifier GARNISHMENT OPS (See Addendum for plaintiff names PO BOX 9 9 8 0 0 2 associated with cases on attachment) CLEVELAND OH 44199-8002 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 254.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) fora total of $ 1, 254.00 per month to be forwarded to payee a ow. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ _ 289.38 per weekly pay period. $ 578.77 per biweekly pay period (every two weeks). $ 627. 00 per semimonthly pay period (twice a month). $ 1, 254.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: JUN r 2008 DRO: R.J. SHADDAY Service Type M BY THE COURT: Al, KEVIN SS, JUDGE Form EN-028 Rev OMB No.: 0970-0154 Worker ID $IATT 1,254+ x 12• + 52•= 269.38* 1,2 5 4 . x 12•? 26•- 578.7?* r. w a ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifheckefd you are required to provide a copy of this form to your m loyee. If yo r employee works in a state tha is di Brent rom the state that issued this order, a copy must be provicedpto your employee even if the box is not cheCKed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: NOLAN SHERRI K. EMPLOYEE'S CASE IDENTIFIER: 0990101846 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.chiIdsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT .t. 'w. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: NOLAN, SHERRI K. PACKS Case Number 955109871 PACSES Case Number Plaintiff Name Plaintiff Name KEIR M. NOLAN Docket Attachment Amount Docket Attachment Amount 06-3790 CIVIL$ 1,254.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PAGES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT +--? ?:> ?^? r?^ ? } . . ,? , i'? ?., .? r - C IN THE COURT OF COMMON PLEAS OF c?COUNTY, PENNSYLVANIA SHERRI K. NOLAN , Plaintiff No. 2006-3790 V. CIVIL ACTION - LAW KEIR M. NOLAN , Defendant IN DIVORCE Notice is hereby given that the Plaintiff/Defendant in the above matter, [select one by marking "X"] `, prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of (1 ir+ , and gives this written notice avowing his/her intention pursuant to the provisions of 5 P.S. 704. DATE: 9- 3 Signature &-4 Signature of name being resum COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS On the 3 day of 20 before me the Prothonotary or a Notary Public, personally appeared th above afliant known tome to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Prothonotary or Notary Public Vicki M. Runkie, Notary ?Publlc City of York, York County My Commission Expires Jan 14, 2012 ~ C+`l 06-3790 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania OOriginal Order/Notice CO./City/Dist. of CUMBERLAND (Amended Order/Notice Date of Order/Notice 08/18/08 Ox Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: NOLAN, SHERRI K. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 231-88-2751 Employee/Obligor's Social Security Number DFAS CLEVELAND CENTER* 0990101846 C/O DFAS-HGA/CL Employee/Obligor's Case Identifier GARNISHMENT OPS (See Addendum for plaintiff names PO BOX 9 9 8 0 0 2 associated with cases on attachment) CLEVELAND OH 44199-8002 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o.-00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ o. oo per month in past-due medicaJ support $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ o . o o per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ o . 00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: 4* ZKEVIDO A. HESS, _ JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT .., ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E If4hecke l you are required, to provide aa opy of this form to yourguloyee. If your employee t orks in a state that is di event rom the state that issued this o er, a copy must be provi to your employee even if t e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2491016300 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:NOLAN, SHERRI K. EMPLOYEE'S CASE IDENTIFIER: 0990101846 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: NOLAN, SHERRI K. PACSES Case Number 955109871 Plaintiff Name KEIR M. NOLAN Docket Attachment Amount 06-3790 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT CL'. SHERRI K. NOLAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-3790 CIVIL TERM KIER M. NOLAN.) IN DIVORCE Defendant/Petitioner PACSES CASE: 955109871 ORDER OF COURT AND NOW to wit, this 22nd day of August 2008, it is hereby Ordered that pursuant to the parties' Property Settlement Agreement the Alimony Pendente Lite Order is terminated August 13, 2008 with a credit in the amount of $357.50 This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: * X4 Ke ' A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent David C. Schanbacher, Esau. Scott A Harper, Esq. Form OE-001 Service Type: M Worker: 21005 rn SHERRI K. NOLAN, : NO. 2006-3790 PLAINTIFF V. KEIR M. NOLAN, DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK CIVIL ACTION - LAW DIVORCE SS: Scott Harper, Esquire, of 1701 West Market Street, York, Pennsylvania 17404, being duly sworn according to law deposes and says as follows: 1. I am the Attorney representing the Defendant in the above-captioned matter, Keir M. Nolan, and submit this Affidavit of Acceptance of Service. 2. On or about July 10, 2007, pursuant to authority granted me by Defendant, I accepted service of the Amended Divorce Complaint to Raise Fault Grounds for above-stated. A true and correct copy of the Amended Di SWORN and SUBSCRIBED to before me, a Notary Public this 6- day of y 20AE. N tary is My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIE A. HARPER, Notary Public Washington Twp., York County My Commission Expires October 26, 2009 bearing the Court tern and number, as is al hereto. e? ?,,, ?.. ?? ?.; - -?-,; 4? ?. ?, - :' =? _??T: !"- ., _., iT? ? ? i ?? ,?" 08/13/0&=1:01PM=baf--No1an div.doc SHERRI K. NOLAN, :NO. 2006-3790 PLAINTIFF . V. : CIVIL ACTION - LAW KEIR M. NOLAN, l DEFENDANT : DIVORCE 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 3, 2006 and an Amended Complaint was filed on July 9, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: 16 06 Lc -v, Theii! K. Nolan, Plaintiff Vii, '; ?' 3 ? L ? ? ? - I = tV _.? ?' '- a : ?.?) 4? :"'R .. ,'-t C.,.a °'? 08/13/08-1:01PM=baF-Nolan div.doc SHERRI K. NOLAN, PLAINTIFF NO. 2006-3790 CIVIL ACTION - LAW DIVORCE V. KEIR M. NOLAN, DEFENDANT 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 unworn falsification to authorities. DATE: ?O 000 /'` ato•?...? Sherri K. Nolan, Plaintiff N r y !trv 08/13/08=1:01PM=baf--No1an div.doc SHERRI K. NOLAN, V. KEIR M. NOLAN, PLAINTIFF DEFENDANT :NO. 2006-3790 CIVIL ACTION - LAW DIVORCE 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 3, 2006 and an Amended Complaint was filed on July 9, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATE: g, . / ?7 " O D Keir M. Nolan, Defendant .a r-n C?3 08/13/08=1:01PM=bal--No1an div.doc SHERRI K. NOLAN, : NO. 2006-3790 PLAINTIFF V. : CIVIL ACTION - LAW KEIR M. NOLAN, DEFENDANT : DIVORCE 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 unworn falsification to authorities. DATE: O O L"-- Ke- 4 . Nolan, Defendant ? S 4 A ': 11 SHERRI K. NOLAN, N/K/A SHERRI S. KIRTLEY, Plaintiff V. KEIR M. NOLAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3790 CIVIL ACTION -LAW IN DIVORCE PETITION TO REVOKE APPOINTMENT OF SPECIAL DIVORCE MASTER AND NOW, comes Sherri K. Nolan, n/k/a Sherri S. Kirtley, by and through her counsel David C. Schanbacher, Esquire, and files the following Petition to Revoke Appointment of Special Divorce Master and in support thereof avers as follows: 1. Plaintiff is represented by David C. Schanbacher, Esquire, and the Defendant is represented by Scott Harper, Esquire. 2. E. Robert Elicker, II, Esquire was appointed Special Master in this matter by motion of the Plaintiff on June 18, 2007. 3. The parties have reached an agreement resolving all outstanding issues which was signed by all parties on August 13, 2008. 4. Defendant's attorney concurs with the filing of this Petition. 5. The Honorable Kevin A. Hess has previously heard matters involving these parties. WHEREFORE, Plaintiff requests that the Appointment of the Special Master be revoked. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP BY: - /OU I David C. Syiant4cher, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 48446 SHERRI K. NOLAN, N/K/A SHERRI S. KIRTLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3790 KEIR M. NOLAN, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Petition to Revoke Appointment of Special Master on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: Scott Harper, Esquire 1701 West Market Street York, Pennsylvania 17404 DATE: /o- I _ 0 BY: (A.,, c? .r//L.GGls?di David C. glhwi6acher, Esqi Ire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 48446 f V -1 w. 1,0 OCT n ` zuud4 SHERRI K. NOLAN, N/K/A SHERRI S. KIRTLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3790 KEIR M. NOLAN, CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, to wit, this -1$41.- day o 2008, upon consideration of the attached Petition to Revoke Appointment of Special Divorce Master, it is hereby ORDERED and DECREED that the appointment of E. Robert Elicker, II, Esquiro is hereby REVOKED. L.i.. l1 Agx LL iI A7 ` V LL L Q ?i Na - 379 D 7/10/20082:50 PM-ajp-Nolan PSA-F#1 PROPERTY SF.TTI.F.MF.NT AGREEMENT BETWEEN SHERRY K_ NOLAN AND KRTR M_ NOLAN fV C) I . INTRODUCTION .......................................................................................................?: -.?_ ,,u. ..... ,t 1. SEPARATION ...................................................................................... .................. ..._ ..• .1 2. EXECUTION DATE .........................................................................................................„,.....:..,E.1 3. NOINTERFERENCE ........................................................................................................................1 4. DESCRIPTIVE HEADINGS ............................................................................................................1 H. PROPERTY DISTRIBUTION ..............................................................................................................1 5. DIVISION OF PERSONAL PROPERTY .......................................................................................1 6. MOTOR VEHICLES .........................................................................................................................1 7. ACCOUNTS ........................................................................................................................................2 a. Accounts not identified ....... » ....................................................................................................2 b. TSP Loan .MMHNH .............N.......................N........M............................N........................................2 8. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS ............................................2 9. SPOUSAL WAIVER OF JOINT AND SURVIVOR ANNUITY AND PRE- RETIREMENT SURVIVOR ANNUITY ........................................................................................3 a. Qualified Joint and Survivor Annuity ...................................................................................3 a. Qualified Pre-Retirement Survivor Annuity .........................................................................3 10. LIFE INSURANCE .......................................................................................................»...................4 a. May change beneficiary ...........................................................................................................4 b. Policies not identified ................... »...................................................... »................................ ...4 11. LUMP SUM PAYMENT ...................................................................................................................4 a. Initial Payment ..........................................................................................................................4 b. Wife's Receipt of 2007 Tax Refund .......................................».........................»....................4 C. APL Payments........... .........................................................»....................................................4 d. Monthly Payments ..............................................................................................»....................5 e. Sale of Hawaii Property ...........................................................................................................5 12. SETI COURT PROPERTY ...............................................................................................................5 a. Bellwood F.C.U. HELOC ....................... .................................................................................5 13. MANANAI PLACE PROPERTY ..................».................................................................. ...........5 14. TIME SHARES ..................................................................................................................................6 15. CREDIT CARDS ................................................................................................................................6 16. EQUITABLE DISTRIBUTION - GENERAL CONSIDERATIONS ..........................................6 17. INTENDED TAX EFFECT OF DIVISION OF PROPERTY ......................................................6 18. AFTER-ACQUIRED PROPERTY ..................................................................................................6 19. PARTIES' DEBTS ..............................................................................................................................7 M. ALIMONY/ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES, COSTS AND EXPENSES ......................................................................................................................7 20. COBRA COVERAGE ........................................................................................................................7 21. COUNSEL FEES ........................................................ ...................................................................... 7 IV. WAIVERS ........................»..... ....................................... »....»............ »...»............................................... 7 22. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS .............».....................................7 23. WAIVER OF MAINTENANCE .......................................................................................................7 a. APL Obligation ... ................................................. ... ...............................................................».8 24. RELEASE OF INTEREST IN SEPARATE ASSETS ...............................................»..................8 25. WAIVER OF CLAIMS AGAINST ESTATES AND MUTUAL RELEASE .............................8 a. Beneficiary designation not changed benefit remains ...................».....................................8 b. No waiver certain actiew ......................................................8 V. CONTINUING RESPOKSEMXI E.S............»....» ......................................................9 EXHIBIT "A" 7110120082:50 PM-jp-Nolan PSA=F# I 26. CONFIRMATORY DOCUMENTS .............................................»..................................................9 27. NEGOTIATIONS ...........................................................................»................................................ ..9 28. FILING OF DIVORCE WITH AFFIDAVIT OF CONSENT .................................................... ..9 VI. DISCLOSURES ..................................................................................»................................................ ..9 29. FULL DISCLOSURE OF ASSETS ..................................................................................................9 VII. CLOSINGS ....................... .......... ......... ............................................................................................... 10 30. REPRESENTATION BY COUNSEL ............................................................................................ 10 31. AGREEMENT NOT PREDICATED UPON DIVORCE ........................................................... 10 32. SUBSEQUENT DIVORCE ............................................................................................................. 10 33. NO MERGER IN DIVORCE .......................................................................................................... 10 34. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE ................................ 10 35. PRIOR AGREEMENT .................................................................................................................... 11 36. SUBSEQUENT RECONCILIATION ........................................................................................... 11 37. ENFORCEMENT OF AGREEMENT .......................................................................................... 11 a. Equity .. ............................................................................................................................... 11 b. Action at Law .. ................................................................................................................... 11 C. Costs, Expenses, Fees ...............................................................................»............................. 11 d. Code provisions ........................................................................................»............................. 11 38. VOLUNTARY EXECUTION ......................................................................................................... 11 39. ENTIRE AGREEMENT ....... ...... »....................... .......... ................................... »............................. 12 40. MODIFICATION AND WAIVER ................................................................................................. 12 41. STTUS ................................................................................................................................................. 12 42. PARTIAL INVALIDITY ...................................................»............................................................ 12 43. TRIPLICATE COPIES ................................................................................................».................. 12 7/10/082:50 PM-ajp-Nolan-F#1 PROPERTY SErMEMENT AGREEMENT BETWEEN SHERRI K. NOLAN AND KFIR M. NOLAN THIS AGREEMENT, made this 13:5" day of j4S,-?.gt 2008, by and between Sherri K. Nolan (hereinafter referred to as "WIFE"), of C'Amberland County, Pennsylvania, and Keir M. Nolan (hereinafter referred to as "HUSBAND"), of Cumberland County, Pennsylvania. WHEREAS, the parties were married on October 22, 1994 and separated on March 22, 2006. WHEREAS, there were no children born of the marriage. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives. The parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as to 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 support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by or against the other or against their respective estates, which claims may have arisen pursuant to the Divorce Code of 1980, as amended. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt of which is hereby acknowledged, the parties mutually agree as follows: I. INTRODTrMON 1. SEPARATION_ It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may, from time to time, choose or deem fit. 2. EXECUTION DATF_ The date of the Agreement shall be construed to be the date on which the last party signs this document. 3. NO INTERFERENCE- Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. DF.SC'RIPTiVF HEADINGS_ The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. H. PROPERTY DISTRTRTMON 5. DMSTON OF PERSONAL PROPERTY. Other than as set forth in this agreement, the parties agree that each shall own, possess and enjoy, free from any claim of the other, the personalty in his or her possession or control on the date of the execution of this Agreement, including, but not limited to all furniture, furnishings, rugs, carpets, clothing, jewelry, major and minor appliances, equipment, tools, pictures, paintings, books, works of art, decorations, silver, china, glassware and any other item of tangible property of whatever nature or wherever located. Each party hereby quit claims, assigns and conveys to the party designated herein as the owner all such personal property, 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 one party to the other. 6. MOTOR VFI FVI.F4. The parties agree that Wife owned a 1995 Nissan Pathfinder at the time of separation and that, if still in existence, Wife shall maintain sole and exclusive ownership of that vehicle. Husband hereby waives any and all right, title and interest in the Nissan Pathfinder. To the extent 7/10/20082:50 P"p=lolan PSA-F# 1 that either party owns a vehicle purchased post-separation, that vehicle shall become the sole and exclusive property of the party in whose name the vehicle is titled and the other party shall waive any and all interest, right and/or title he or she may have in that vehicle by virtue of the parties' marriage. Each party shall be solely and exclusively responsible for any and all expenses associated with his or her respective vehicle(s) including, but not limited to, loan payments, insurance, maintenance and repairs. 7. ACCOUNTS- The parties acknowledge they own the following accounts and the designated party shall receive such accounts: ACCOUNT NUMBER Bellwood Federal Credit Union #1920 Bellwood Federal Credit Union #1125 New Cumberland Federal Credit Union Bank of Hawaii #8200 County Bank of Chesterfield #4559 Thrift Savings Plan Roth IRAs APPROXIMATE BALANCE $2,837.00 (approximate date of separation balance) $6.00 (March 1999) $400.00 $1,600.00 $900.00 $32,702.00 (approximate equity) $8,200.00 (combined) HUSBAND/WIFE Wife Husband Wife Wife Husband Wife Wife a. A n .n a_ not edentified. To the extent that either party has accounts not otherwise identified above in his or her individual name or titled jointly with any other third party, the party whose name appears on the account shall become the sole and exlcusive owner of those accounts and the other party shall waive any and all interest in those accounts and the funds contained therein as of the date of execution of this Agreement. b. TSP Loan_ The parties acknowledge that there is presently a loan against Wife's Thrift Savings Plan ("TSP") of approximately $20,709.00, which money was used to purchase the parties' condominium in the State of Hawaii. Wife shall be solely and exclusively responsible for the repayment of this obligation through her employer, the Defense Logistics Agency, and is free to pay off this obligation in any manner of Wife's choosing. It is anticipated, however, that Wife will pay off this obligation from the proceeds stemming from the sale of the Hawaii property as set forth below. 8. WAIVER OF PENSION AND OTHER F "T,OVF.F. RENRF S The parties hereby waive any and all right to claim any interest or share in each other's pension, profit-sharing plans and other employee benefits, if any, from their present or past employers, including all post separation enhancements from the date of final separation to the date of the execution of this Agreement whether or not attributable to the post separation monetary contributions of the employee spouse and the gain or loss on those post separation monetary contributions of the employee spouse. The parties acknowledge that Wife is employed the Defense Logistics Agency and Husband has had various employers throughout the marriage and is presently working for an apartment complex. Both acknowledge that they have received information regarding the existence or non-existence of such employment benefits (including but not limited to profit sharing, ESOP plans, pension contributions and plans and 401k plans) and are satisfied with the information so provided. The parties acknowledge that they have been informed of their right to obtain an independent appraisal of each other's retirement and employment interests. Both parties agree to sign any and all documents necessary to cause the transfer of his or her interest in any pension/employment benefit, upon request by the other spouse. Further, both parties acknowledge that they understand they must notify their employer and/or appropriate plan administrator of the removal and/or change of any such beneficiary designation. The execution of this Agreement is intended by the parties to operate as an effective consent under 29 U.S.C. § 1055(c) et. seq. by the non-participant spouse to the election by the participant spouse to 2 7/10/20082:50 PM-sjp-Nolan PSA-F# I waive the QJSA and QPSA. Further, the execution of this Agreement is intended to operate as a valid spousal consent in compliance with 29 U.S.C. § 1055(c)(2)(A) which sets forth the three requirements for the non-participant spouse's consent to the participant's election to waive the QJSA and the QJPS. 9. SPOUSAL WAIVER OF JOINT AND SURVIVOR ANNUITY AND PRE- RETIREMENT SURVIVOR ANNUITY. The parties acknowledge and agree that Husband and/or Wife has a defined benefit plan and/or a defined contribution plan which has a joint and survivor annuity and/or a pre-retirement survivor annuity available to the non-participant spouse. The employee spouse is the participant in the plan(s) and the parties acknowledge that the non-participant spouse may elect at any time during the applicable period for making such election to waive the available qualified joint and survivor annuity form of benefit or the qualified pre-retirement survivor annuity form of benefit (or both), and that the non-participant spouse may revoke any such election at any time during the applicable election period. The parties to this Agreement further understand that the following definitions apply to the non-participant spouse's waiver of the qualified joint and survivor annuity and the qualified pre-retirement survivor annuity. a. Qualified Joint and Survivor Annuity. This terms means an annuity for the life of the participant with a survivor annuity for the life of the spouse which is not less than 50% of (and is not greater than 100% of) the amount of the annuity which is payable during the joint lives of the participant and the spouse; and which is actuarial equivalent of a single annuity for the life of the participant. b. Qualified Pre-Retirement Survivor Annuity. With the exception as provided above in Paragraph (a), the term "qualified pre-retirement survivor annuity" means a survivor annuity for life of the surviving spouse of the participant if (1) The payments to the surviving spouse under such annuity are not less than the amounts which would be payable as a survivor annuity under the qualified joint and survivor annuity under the plan (or the actuarial equivalent thereof) if, in the case of a participant who dies after the date on which the participant attained the earliest retirement age; such participant had retired with an immediate qualified joint and survivor annuity on the date before the participant's date of death; or in the case of a participant who dies on or before the date on which the participant would have attained the earliest retirement age and the participant had separated from service on the date of death, survived to the earliest retirement age, retired with an immediate qualified joint and survivor annuity at the earliest retirement date and died on the date after the day on which the participant would have attained the earliest retirement age. Further, under the plan, the earliest period for which the surviving spouse may receive a payment under such annuity is not later than the month in which the participant would have attained the earliest retirement age under the plan. The parties agree and acknowledge that by signing this Agreement, the non-participant spouse, as that term is considered to be applicable to the retirement benefits of the employee spouse, the non-participant spouse's execution of this Agreement, shall be considered an election by the non-participant spouse in favor of the designation by the participant spouse of a beneficiary and this election by the non- participant spouse shall not be changed. By signing this Agreement, the participant spouse and non- participant spouse agree to the waiver of the non-participant spouse and this waiver by the non-participant shall be viewed as a consent for the participant spouse to designate one or more other survivor beneficiaries without any requirement of further consent by the non-participate spouse. The signature of each party to this Agreement and each party having their signature notarized shall be viewed and considered by any court of law as the consent of the participant spouse and non-participant spouse acknowledging the effect of such election by the non-participant spouse as a waiver of all rights and benefits of any plan covered by this paragraph and as listed in this Agreement and such entry of a notary signature on this Agreement shall be satisfactory to satisfy any federal, state and/or retirement plan requirement for the non-participant and participant spouse's signature be notarized to waive any and all such marital interests to any retirement benefits whether such be survivor benefits or otherwise. The execution of this Agreement, is intended by the parties to operate as an effective consent under 29 U.S.C. §1055(c) et. seq. by the non-participant spouse to 3 7/10/20092:50 Mmjp-Nolan PSA-F# 1 the election by the participant spouse to waive the QJSA and QPSA. Further, the execution of this Agreement is intended to operate as a valid spousal consent in compliance with 29 U.S.C. §1055(c)(2)(A) which sets forth the three requirements for the non-participant spouse's consent to the participant's election to waive the QJSA and the QPSA. 10. j.IFF INISITRANC'F._ Except as provided in this Agreement, the parties hereby waive any and all rights to claim any interest or share in each other's life insurance plans, if any. a. May ehgnge heneficiary. The parties hereby agree that they relinquish any right, title or interest they may have as a result of being named as a beneficiary of the above-listed insurance policies. Each insurance policy owner agrees that within thirty (30) days of the date of this Agreement, they shall contact their insurance agent, in writing, of their desire to terminate the beneficiary named as primary beneficiary under the terms of the policy and place in his or her stead b. Pnliciea not identified- Any policies of life insurance not specifically mentioned in this Agreement shall become the sole and separate property of the party whose life is insured by the policy, free from any legal and/or equitable claim of the other. After the signing of this Agreement, the party who owns the policy shall be free to borrow against the policy, change the coverage and redesignate the beneficiary. If however either party fails to redesignate a beneficiary under any such policy and the named beneficiary continues to be the other party, that party shall have the right to collect whatever benefits arise as a result of such designation regardless, of any separation or divorce occurring after the signing of this Agreement and 20 Pa. C.S.A. § 6111.2 shall not bar recovery of any such benefits. 11. LITMP SITM PAVMFNT_ In consideration of Husband's waiver of all rights arising from the marital relationship, except as provided herein, Wife shall pay Husband the sum of $60,000.00 as set forth below. It is the specific intent of the parties that any payments made by Wife to Husband in accordance with the terms of this Agreement shall not exceed $60,000.00 in toto. These payments shall not be construed as alimony but payments constituting Husband's share of the net marital estate in equitable distribution and shall not be includible in Husband's income for tax purposes and shall not be deductible from Wife's income for tax purposes. a. Initial Payment, Upon written verification that Husband has executed this Agreement, Wife shall deliver to Husband, through the parties' respective counsel, the sum of $5,000.00 to be applied toward the sum of $60,000.00 owed to Husband pursuant to the terms of this Agreement. b. Wife'a Receipt of 20(17 Tax Refund. At the time Wife receives her income tax refund for tax year 2007, Wife shall pay to Husband an additional lump sum of $5,000.00 to be applied toward the $60,000.00 owed to Husband pursuant to the terms of this Agreement. In the event Wife receives her income tax refund for tax year 2007 prior to the execution of this Agreement, Wife shall deliver this additional $5,000.00 payment to Husband upon written verification that Husband has executed this Agreement. e. API. Nyments. The parties acknowledge that Wife is presently paying Husband alimony pendente lite in the amount of $1,254.00 per month pursuant to the Cumberland County Order of Court docketed to No. 06-3790 and PACSES No. 955109871. The parties further acknowledge that Husband received payments of $4,625.10 constituting spousal support pursuant to York County Order of Court docketed to No. 1549-SA-2007 and PACSES NO. 109109241 prior to the vacation of that Order. Therefore, the parties agree that this sum, $4,625.10, shall be applied against Wife's obligation to pay Husband $60,000.00 pursuant to the terms of this Agreement. The parties further acknowledge that Wife's wages were attached in accordance with the Cumberland County Order of Court effective June 15, 2008. Consequently, any payments deducted from Wife's wages to satisfy Wife's alimony pendente lite obligation from June 15, 2008 until the termination of that Order as set forth herein shall be credited against Wife's 4 MM0082:50 PM=ajp=NoIan PSA-F#1 obligation to pay Husband $60,000.00 pursuant to the terms of this Agreement. Wife shall be responsible for keeping track of all payments made to Husband toward satisfaction of her obligation to pay Husband $60,000.00 in toto. d. Monthly Pgywante. Wife shall be entitled to pay the remaining balance owed to Husband on the lump sum amount of $60,000.00 after deduction of all of the above payments and/or credits on a monthly basis until the sale of the parties' Hawaii property as set forth below. Consequently, Wife shall pay Husband the monthly sum of $1,000.00 on or before the first day of the first month following execution of this Agreement and after consideration of all above-mentioned payments and/or credits. In the event the sale of the Hawaii property does not yield sufficient proceeds to satisfy the outstanding balance due to Husband, Wife shall continue making the monthly payments of $1,000.00 per month on the first of each month until Husband has received $60,000.00 in toto. e. Sale of Hawaii Prnpertr, The parties own real property as tenants by the entireties known as Mananai Place, Honolulu, Hawaii, which shall become Wife's sole and exclusive property as hereinafter set forth. Wife, however, intends to list this property for sale. At the time this property sells, Wife shall pay to Husband the balance owed on the lump sum payment of $60,000.00 after deduction of all payments and/or credits owed to Wife as set forth above. It is the parties' specific intent that Husband receive a total of $60,000.00 from Wife and the payments to Husband as set forth herein shall not exceed that amount. In the event the sale of this property does not result in sufficient proceeds to pay off the amount owed to Husband as set forth above, Wife shall resume the monthly payments as set forth above. 12. SETT VOTIET PROPF.RTV_ Wife owns in her individual real property known as 6303 Seti Court, Richmond, Virginia and which Wife owned prior to the parties' marriage. Wife shall retain this property for her sole and exclusive benefit and Husband hereby agrees to waive any and all interest, right and/or title he may have in this property as a result of the parties' marriage. Husband further agrees to execute whatever documents are necessary to assign, convey and transfer to Wife all of his right, title and interest in the aforementioned property including, but not limited to, a special warranty deed reflecting Husband's waiver of right, title and interest in this property. This deed shall by executed within five (5) days of the date the Deed is delivered to Husband's counsel for Husband's signature. 8. Rallwand F_C_TT_ JURY DC'_ The parties acknowledge that there is outstanding home equity line of credit with Bellwood Federal Credit Union secured by the Seti Court property, which was incurred during the marriage. In exchange for Husband's waiver of any and all interest, right and/or title in this real estate, Wife agrees to be solely responsible for the repayment of the Bellwood Federal Credit Union home equity line of credit and further agrees to indemnify and hold harmless Husband in the event of Wife's nonpayment of this obligation. 13. MANANAT PT.ACT. PROPERIK As set forth above, the parties own real property as tenants by the entireties known as Mananai Place, Honolulu, Hawaii secured by a mortgage with the Bank of Hawaii. Husband hereby agrees to waive all of his right, title and interest in the Mananai Place property to Wife and, in exchange, Wife shall be solely and exclusively responsible for the Bank of Hawaii mortgage property and will indemnify and hold harmless Husband in the event of nonpayment on the Bank of Hawaii mortgage. Husband further agrees to execute whatever documents are necessary to assign, convey and transfer to Wife all of his right, title and interest in the aforementioned property including, but not limited to, a special warranty deed reflecting this transfer. This deed shall be executed within five (5) days of the date the Deed is delivered to Husband's counsel for Husband's signature. Wife intends to list the Mananai Place property for sale following execution of this Agreement and Husband's transfer of all of his right, title and interest in the Mananai Place property to Wife. At the time the property sells, Wife shall satisfy any remaining obligation owed to Husband as set forth in Paragraph I I above assuming there are sufficient proceeds in order to do so and all other proceeds, if any, shall be 5 7/1020082:50 PM-ajp Notan PSA-F#1 distributed to Wife in their entirety. Pending transfer of the property from Husband and Wife to Wife in her individual name as well as the pending sale of the property, Wife shall be solely and exclusively responsible for any and all mortgage payments, taxes, association fees as well as any and all other costs and expenses associated with the upkeep of the Mananai Place property. 14. TIME SHARES_ Wife has interest in a time share located at Pea Island Resort as well as another interest in a time share located at Mountainside Villa Owners Association. Wife shall maintain these time shares for her sole and exclusive benefit and Husband hereby agrees to waive any and all interest, right and/or title he may have in these time shares as a result of the parties' marriage. Husband further agrees to execute any and all documentation necessary to effectuate his waiver of right, title and interest in these time shares within five (5) days of the date of any request by Wife. 15. CREDIT CARDS- Each party hereby agrees to return any and all credit cards or charge plates which he/she may have in his/her possession to the party who is the owner of the account and agrees that any debts incurred on any credit cards or charge plates not returned to the other party shall be the sole and exclusive responsibility of the party who charged the debt. Each agrees to save the other harmless from any obligations or institutions of suit commenced due to any charges made on the other party's card after the date of this Agreement. Any debts incurred on the credit cards or charge plates after the date of execution of this Agreement shall be the sole and exclusive responsibility of the charging party, who shall save harmless the other spouse from any obligation or institution of suit. 16. E i1TTARTX DTgTRIRTM()N - GF.NF,RAT, rQNSMF.RAT1QNC The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. § 3502(a) of the Pennsylvania Divorce Code, as amended and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for Husband and the second marriage for Wife; the age, health, station, amount and sources of income; contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective; the federal, state and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate or certain; the expense of sale, transfer or liquidation associated with a particular asset which expense need not be immediate or certain; and whether the party will be serving as the custodian of any dependent minor children. The parties have intended to distribute their marital property, including the increase in value of any non-marital property as measured from the date of marriage or later acquisition date to the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase; as well as any decrease in value of non-marital property offset against any increase in value of non-marital property of one party or the other. 17. INTENDED TAX EFFECT OF DMSTON OF PROPERTY- By this Agreement, the parties have intended to effectuate an equal division of their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 18. AFTER-ACQUIRED PROPERTY_ Each of the parties shall hereafter own and enjoy, 6 7/10/20082:50 PM=ajp-Nolan PSA=F#1 independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 19. PARTTF.SI DF.RTS. The parties represent and warrant to each other that since separation, they have not incurred any debts or made any contracts other than for necessaries for which the other or the other party's estate may be liable. Neither party is permitted to use the other's name, address or Social Security number for any reason without express written consent of the party. If such use would occur, the parties understand this is actionable both criminally and civilly. The parties shall not contract or incur any debt or liability for which the other spouse's property or estate might be responsible and shall indemnify and save harmless the other spouse from any and all claims or demands made against the other spouse by reason of debts or obligations incurred by him or her, and in the event the other spouse shall, at any time hereafter, be obliged to pay any debt or debts incurred by him or her, thence, and in such case, the other spouse may deduct and retain the sums he or she may be obliged to pay out of any future payments required to be made by him or her under this Agreement. III. AT,TMONY/AT.TMONV PF.NTIF.NTF, LITE. SPOUSAL STTPPORT, COTTNSF.T. FIRES, COSTS AND EXPENSES 20. CORRA COVERAGR. The parties acknowledge that they have the right to elect COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985, P.L. 99-272) insurance coverage at the time the divorce decree is entered Each party shall be responsible for investigating through their spouse's present employer, whether or not these rights are available to that particular party. Both parties acknowledge that in the event they are entitled to receive COBRA coverage, they will take all steps necessary to ascertain such coverage and the party from whose employer the COBRA coverage extends shall cooperate to the extent necessary to permit the party entitled to the coverage to obtain such coverage. 21. COINSET. FEES- The parties hereby acknowledge that they are represented by counsel of their own choice and that each is responsible to pay their own attorney for all attorney's fees and legal expenses in conjunction with the negotiation and preparation of this Agreement, as well as other matters relating to the parties' marital claims under the Divorce Code of 1980. IV. WATVERS 22. WATVF.R OF PENNSYi.VANTA DWORCE CODE RT(YHTS_ All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually or property acquired by Husband or Wife individually at any time after the execution of this agreement shall remain the separate property of Husband or Wife and shall under no circumstances be considered as, or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code, as amended and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a valid agreement for the purpose of waiving the provisions concerning equitable distribution as that term is used in the Pennsylvania Divorce Code of 1980, as amended. 23. WATMER OF MAINTENANCE.- Other than as set forth in this Agreement, both parties acknowledge that this agreement sets forth their entire obligation for payment of spousal support, alimony pendente lite, temporary alimony or permanent alimony to the other spouse as those terms are defined in support and divorce legislation that now exists or may be created in the future. Unless specifically provided, each spouse waives their right to hereinafter file any action, or claim, to file for modification or otherwise seek income contribution from the other. 7 7/1020082:50 PM-ajp-Nolan PSA-F#1 a. APT, nhligstinn The parties acknowledge that there is currently an Order of Court from Domestic Relations Section of the Cumberland County Court of Common Pleas docketed to No. 06- 3790 and PACSES No. 955109871 directing Wife to pay Husband alimony pendente lite in the amount of $1,254.00 per month. The parties agree that Wife's obligation to pay alimony pendente lite to Husband shall be terminated effective June 15, 2008 and that any payments received by Husband on or after June 15 2008 shall be applied toward Wife's obligation to pay Husband $60,000.00 as set forth above in Paragraph 11 as well as the $4,625.10 Husband received and credited pursuant to the terms of the Cumberland County Order. Counsel for Wife shall be responsible for taking any and all steps necessary to have the Cumberland County Order of Court terminated in accordance with the terms of this Agreement. 24. RELEASE (IF INTEREST IN SEPARATE ASSETS_ The parties hereto agree to waive any and all right to claim any interest or share in the separate assets retained by the other spouse. 25. WAIVER OF rJ.AIMS AGAINST F.STATF.S AND M-fMJAT. RELEAS Except as otherwise herein provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship including, without limitation, dower, thirds, curtesy, allowance, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of the other, and right to act as administrator/executor of the other's estate and each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. The parties waive and release any and all rights to the other's estate, including the rights of set-off, any and all distributive shares and any and all rights of election provided for by the laws of this or any other state or jurisdiction. Each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, action, causes of action, or suits at law, or in equity, of any kind or nature, for or because of any matter or thing done, omitted or suffered to be done by said other party prior to and including the date hereof; the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees or any other marital rights as provided in the Pennsylvania Divorce Code, or any amendment. It is specifically acknowledged that the parties have secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their own comfort, maintenance and support, in the station of life to which they are accustomed. a. Reneficiary denign9tinn not eh8nged benefit remains. Provided however, that should either party fail to render legally void any Will or Trust under which the other is a beneficiary as of the signing of this Agreement, the named beneficiary shall be entitled to whatever benefits arise as a result of such designation regardless of any divorce or separation occurring after the signing of this Agreement and the maker of the instrument shall be deemed for purposes of 20 Pa. C.S.A. § 2507 to have intended that the designation as beneficiary remain in spite of the separation and/or divorce. b. Nn waiver certain aetinnc_ This release and waiver shall not release any claim that either party may have against the other in the nature of assault and battery, emotional distress, transmission of disease, personal injury, violations of the Wiretapping and Electronic Surveillance Control Act, 18 Pa. C.S.A. 5725, fraud in the procurement, tortious interference with custody, fraud prior to marriage, false imprisonment, defamation, alienation of affections, fraudulent conveyance, breach of fiduciary duty, conversion, abuse of process and/or sexual exploitation of children. 7/1020082:50 PM-4p-Nolan PSA-F#1 V. 26. C ONEMMATORY DOC'ITMF,NTS, Husband and Wife covenant and agree that they will forthwith (and within at least fifteen (15) days after demand therefore), execute any and all written instruments, assignments, releases, satisfactions, deeds, titles, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. The parties will further deliver to each other whatever personal papers, documents or writings that each now possesses which are the property of the other. 27. NEGOTIATIONS. The parties acknowledge that they have had the full and complete opportunity during all of the negotiations of the terms of this Agreement to consult with counsel, and that each does enter into this Agreement with the full knowledge of all of the effects of the Agreement, recognizing that the terms and conditions represent a compromise by both parties from the positions previously espoused. The parties further acknowledge that this Agreement is the result of intense negotiations and both the short and long term effects of this Agreement have been explained to the parties and that they accept these terms and conditions based upon both the monetary considerations being paid herein, the promise of the termination of litigation and the creation of a status quo for the purposes of reducing the likelihood of litigation in the future. 28. FILING OF DIVORCE WITH AETMAVFT OF CONSENT- Husband and Wife acknowledge that a divorce action was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, on July 3, 2006, filed to No. 2006-3790. Husband and Wife agree that their marriage is irretrievably broken and that it shall be dissolved pursuant to § 3301(c) of the Divorce Code of 1980, as amended. The parties, therefore, agree to the following: a. Simultaneously with the execution of this Agreement, both Husband and Wife shall have executed an Affidavit consenting to the entry of a final Decree in divorce. Further, both parties shall execute a Waiver of Notice of Intention to Request Decree under 3301(c) of The Divorce Code of 1980. finalized. VI. b. Wife shall cause the Affidavits and Waivers to be filed of record and the divorce c. The right to request counseling is hereby waived by the parties. 29. FULL DISC LOSURF. OF ASSETS- Each of the parties hereto acknowledges that he or she is aware of his or her right, to engage in discovery, including but not limited to written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and appraisements, income and expense statements, pretrial statements, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in such discovery or require the other party to file the requisite documents. Each party has made independent inquiry into the complete financial circumstances of the other party and is fully informed of the income, assets, property and financial prospects of the other. Further, each party acknowledges they understand and specifically waive his or her right to have the estate and assets together with earnings and income of the other assessed or evaluated by the Court of this Commonwealth or any other Court of competent jurisdiction. Each party hereby acknowledges, recognizes and accepts that there has been disclosure to the other of his or her assets and liabilities and agrees that any rights of further disclosure, evaluation, enumeration or statement thereof in this Agreement is waived because the parties do not desire to make or append further enumeration or statements. Each party acknowledges that a claim based upon incomplete or improper financial disclosure may not be a basis for 9 7/10/20082:50 PM*p-Nolan PSA F#1 invalidating or changing any of the terms of this Agreement. VII. CLOSINGS 30. RFPRFSF.NTATION RV C.Oi The provisions of this Agreement and their legal affect have been fully explained to the parties by their respective counsel. Wife has employed and had the benefit of counsel of David C. Schanbacher, Esquire as her attorney. Husband has employed and had the benefit of counsel of Scott Harper, Esquire as his attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and/or has been advised of his or her right to independent legal counsel; that each fully understands the facts and has been fully informed as to his or her legal rights and obligations; that each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge; that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Divorce Code of 1980, as amended. Further, the parties acknowledge that the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of property, counsel fees and costs of litigation, and fully knowing the same and being fully advised of his or her rights thereunder, 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 hereby waives their respective rights to have the Court of Common Pleas of York County or any other court of competent jurisdiction to make any determination or order affecting the respective parties' rights. Each of the parties hereto further covenant and agree for themselves and their heirs, executors, administrators and assigns that they, 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, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress, undue influence or that there was any absence or lack of full, proper and independent representation. 31. A(:RF.FMFNT NOT PREDICATED ITPON DIVORCE. It is specifically understood and agreed by and between the parties hereto, and each of the said parties hereto represents to the other, that the execution and delivery of this Agreement is not predicated upon or made subject to any Agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action which has been or shall be instituted by the other party or from making any just or proper defense. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties, except as otherwise set forth specifically herein. 32. STIRSFQITF.NT nrvORC.F,_ Nothing herein contained shall prevent either party from instituting suit for divorce, or prevent either party from contesting any suit for divorce, upon proper and legal grounds, if such grounds now exist or shall hereafter arise; but in any such suit presently instituted or to be instituted by either the Husband or the Wife, neither the Husband nor the Wife shall claim or demand any support, alimony, permanent custody, counsel fees or expenses, equitable distribution or any and all other benefits available to them pursuant to the Divorce Code of 1980, from the other. 33. NO MERGER IN DIVORCR- When either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. 34. AGREEMENT TQ RR iNCORPORATF,D INTO DiVORCF. DFCRF,F._ The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered 10 7/10/20082:50 PM=ajp=Nolan PSA=F#1 with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 35. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 36. SIMSEQUENT REC'ONCII.IATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations unless the parties otherwise specifically agree in writing. 37. F.NFORrRMENT OF A(IREEMF.NT_ The parties agree that the following terms apply to the enforcement of their Agreement: a. Equity It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties agree that if an action to enforce this Agreement is brought in Equity neither party will make an objection on the alleged ground of lack of jurisdiction of the court because there is an adequate remedy at law. The parties do not intend or purport to improperly confer jurisdiction on a court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the general jurisdiction of courts in Equity over agreements such as this one. b. Actinn st I.Aw_ Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. cnsts& E enaec. Fees Each party hereby agrees to pay all attorney's fees, costs, damages or collateral expenses that the other spouse may sustain or incur in any way whatsoever as a consequence of any default or breach by the other spouse of any of the terms or provisions of this Agreement, providing that the party who seeks to recover such fees, costs, expenses and damages, clearly demonstrates that a breach has in fact occurred. It is the specific agreement and intent of the parties that breaching and wrong doing party shall bear the burden and obligation of any costs, expenses, damages and fees incurred by himself or herself, as well as the other party in endeavoring to protect, enforce and preserve his or her rights under this Agreement. The parties acknowledge that the hourly rate charged by each of their counsel and counsel's paralegal at the time such breach occurs, is an appropriate rate for which they will be liable under this Paragraph. d. Code prnviainna_ For, enforcement purposes of any terms of this Agreement, the parties specifically acknowledge that the February 12, 1988 and January 29, 2005 amendments to the Divorce Code of 1980, as amended apply to this Agreement, including, but not limited to, 3105 and 3502(e). The parties specifically acknowledge, however, that the application of the Amendments for purposes of enforcement do not entitle the Court to modify the private terms of this Agreement as set forth in this Paragraph. Rather, they specifically affirm their concurrence to these terms. 38. VOLUNTARY EXECIMQN. The provisions of this Agreement and their legal effect have been fully explained to the parties by counsel and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 11 7/100082:50 PMw4jp-Nolan PSA-F#1 39. ENTIRE. AGRVF,MF.NT_ This Agreement contains the entire understandings of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 40. MnDTEirATioN AND WAiVTi:R_ A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. Any waiver by either party of any provisions of this Agreement or any right or operation hereunder shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right or option and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 41. 9MTR- This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania in effect on the date of execution of this Agreement. 42. PARTIAL iNVAT.iDTTV_ 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 continue in full force, effect and operation. 43. TRIPI.IC'ATE. COPIES- The parties hereto agree that the within Agreement shall be executed by them in triplicate originals. IN WITNESS WHEREOF, the parties hereto, after full disclosure made, have signed, sealed and acknowledged this Agreement in triplicate (3) counterparts, each of which shall constitute an original. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ,6he"' K k)"1"? Sherri K. Nolan Q2)aMv--? - eu 1an 12 7110/20082:50 PM=qjp=Nolan PSA F#1 ACKNOWLEDGEMENT ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK On this, the .3?t day of 115 200before me, the undersi ed officer, personally appeared Sherri K. Nolan, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official . 07, (SEAL) Notary Public MCE: COUNTY OF YORK On this, the day of , 20L_, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument and certified that he was personally present when Sherri K. Nolan whose name is subscribed to the within instrument executed the same, and that said person acknowledge that Sherri K. Nolan executed the same for the purposes therein contained IN WITNESS WHEREOF, hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Vicki M. Runkle, Notary Public City of York, 'York County My Commission Expires Jan. 14, 2012 (SEAL) Notary Public MCE: 13 4. 7/10/20082:50 PM=ajp=Notan PSA=F#1 ACKNOWLEDGEMENT ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK On this the day of 200 before me, the undersi officer, personally appeared Keir M. Nolan, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set an o ial seal. (SEAL) No bhc MC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIE A. HARPER, Notary Public Washington Twp.. York County L4y Commission Expires October 26, 2009 COUNTY OF YORK On this, the ? day of Ut. , 20fl before me, the i ed officer, personally appeared known to me (or sett actorily pro en) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument and certified that he was personally present when Keir M. Nolan whose name is subscribed to the within instrument executed the same, and that said person acknowledge that Keir M. Nolan executed the same for the purposes therein contained. IN WITNESS WHEREOF, hereunto et m and official seal. (SEAL) o blic MC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIE A. HARPER, Notary Public Washinoon Twp., York County My Comrniswn OctoW 26, 2009 14 Q " T { ) ?' " ?> ? ? t ? :? " ?...? ; ?' ? :-+C , ? 10/15/08=1:31PM=bafNo1an drv.doc SHERRI K. NOLAN, nWa SHERRI S. KIRTLEY PLAINTIFF V. KEIR M. NOLAN, DEFENDANT NO. 2006-3790 CIVIL ACTION LAW DIVORCE 1. Ground for divorce: irretrievably broken under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service by counsel for Defendant on July 10, 2007. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff: August 16, 2008, filed August 29, 2008; by Defendant: August 18, 2008, filed August 29, 2008. 4. Related claims pending: There are no related claims pending, all economic claims have been resolved via Property Settlement Agreement. 5. Date of execution of Plaintiffs Waiver of Notice in §3301(c) Divorce: August 16, 2008, filed: August 29, 2008. Date of execution of Defendant's Waiver of Notice in §3301(c) Divorce: August 18, 2008, filed: August 29, 2008. DATE: 10-/b-d $ BY: David C. S b her, Esq Attorney fo Pl . tiff 30 North George Street York, Pennsylvania 17401-1280 (717) 846-8846 Supreme Court No. 48446 C:l <°,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Sherri K. Nolan n/k/a it Sherri S. Kirtley, Plaintiff VERSUS Keir M. Nolan, Defendant No. 2006 3790 DECREE IN DIVORCE AND NOW, t2Ai4- Z$ , Z-408 , IT IS ORDERED AND DECREED THAT Sherri K. Nolan, n/k/a Sherri S. KirtplWNTIFF, AND Kpir M_ Nolan , 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; Not applicable B:XO; RT: A TT +: J. PROTHONOTARY w+bpr".37 ooo