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HomeMy WebLinkAbout02-1836CATHY A. BROOKHART Plaintiff V. BARRY L. BROOKHART Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 - /#'A CIVIL TERM IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CATHY A. BROOKHART Plaintiff V. BARRY L. BROOKIIART Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 - /piL CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Cathy A. Brookhart, by and through her attorney, Rebecca R. Hughes, Esquire, and files this complaint in divorce against the Defendant, Barry L. Brookhart, representing as follows: 1. The Plaintiff is Carhy A. Brookhart, an adult individual residing at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Barry L. Brookhart, an adult individual whose last known address is 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. Pennsylvania. The Plaintiff and the Defendant were married on April 25, 1988 in Perry County, 5. There are no children born to this marriage. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the Court require the parties to participate in counseling. 8. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, IRWIN, MCKNIGHT & HUGHES By: Rebecca R. Hughes, Esquire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 67212 Date: April S , 2002 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Oa, t° d? a CATH A. BROOKHART Date: Ll-:S 92002 ? n Q G-t ? yt rri -? -; ± cn _ Rr _ i (A CATHY A. BROOKHART, PLAINTIFF vs Case No. 2002-1836 CIVIL TERM BARRY L. BROOKHART, DEFENDANT Statement of Intention to Proceed To the Court: CATHY AL BROOKHART intends to proceed w' the abov captioned matter. Print Name MARCUS A. McKNIGHT, III Sign Name eJ1 (Law Firm of Irwin & McKnight) and Rebec a Hugh s, sq. Date: Sevtember 23, 2005 Attorney for PLAINTIFF Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 2302 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. C?. _s w_ ? Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclaygdzglaw com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff Docket No. 2002-1836 Civil Term V. BARRY L. BROOKHART, Defendant CIVIL AC'i ION - AT LAW In Divorce PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Barry L. Brookhart, in the above-captioned matter. DALEY, ZUCKER & GINGRICH, LLC Date: * By: ,'rpsay Uin r cK N/tat?, Esquir Attorney M o. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant cc: Marcus A. McKnight, III, Esquire, 60 West Pomfret Street, Carlisle, Pennsylvania 17013 CATHY A. BROOKHART, Plaintiff, V. BARRY L. BROOKHART, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 -1836 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CATHY A. BROOKHART, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. and in support of the motion states: 1. Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Plaintiff, Cathy A. Brookhart, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Costs and expenses; and Counsel fees. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half (%z) day. 7. Additional information, if any, relevant to the moti on Date: May 15, 2006 Attorney 116i Plainti ORDER APPOINTING MASTER AND NOW , Esquire, is appointed Divorce Master with respect to the following claims: By the Court: J. n Q {A ? _ ? ? C7 rr" MAY1gMb CATHY A. BROOKHART : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2002 -1836 CIVIL TERM BARRY L. BROOKHART, Defendant. IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CATHY A. BROOKHART, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. and in support of the motion states: Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Plaintiff, Cathy A. Brookhart, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Costs and expenses; and Counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half ('/Z) day. 7. Additional information, if any, relevant to the motiq To Date: May 15, 2006 Lv?/ Attorney r Plaintiff'--- AND NOW I the following is appointed Divorce Master with respect to he Court: V Q O C ? `p ? MCI G-+,- 9CJ C --? T ?1 ] CD I RD .9id`'11b;'3i dR,:idypM 6? .g W ZZ AV9, 9002 hdvicrr?,?c?? wFU ?o Kathleen Misturak-Gingrich, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 k ingrich ,dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent CIVIL ACTION-LAW V. BARRY L. BROOKHART, Defendant/Petitioner NOFD 2002-2936 IN DIVORCE 1NER TO C 'OR SANCT CIVIL TERM NS AND NOW COMES Barry L. Brookhart, Defendant/Petitioner, by and through his attorneys, Daley, Zucker & Gingrich, LLC ("DZG"), pursuant to Rules 4009.1, 4009.11 and 4019 of the Pennsylvania Rules of Civil Procedure, to file this Motion to Compel Answers to Discovery and for Sanctions. In support thereof, Defendant/Petitioner avers as follows: On May 17, 2006, Respondent, Cathy A. Brookhart, filed a Petition for Economic Relief to obtain equitable distribution of the marital assets, costs and expenses, and counsel fees. 2. On May 25, 2006, Respondent also filed a Motion for Appointment of Master, in which E. Robert Elicker, II, Esquire, was appointed as the Divorce Master in the above- captioned case. 3. Upon receiving the above-mentioned Petition and Motion, and after conversations with counsel for Respondent, counsel for the Petitioner voluntarily provided the Petitioner's financial information to opposing counsel and understood from these discussions that Respondent's counsel intended to do the same. 4. On July 19, 2006, after several unsuccessful attempts by Petitioner's counsel to secure the requested documents from Respondent's Counsel, Counsel for Petitioner served a Request for Production of Documents (attached hereto as Exhibit "A" and incorporated by reference), requesting current mortgage statements on the marital home, all appraisals performed on the marital residence, all appraisals done on personalty, copies of bills/debts paid by Respondent, Federal and State tax returns from 2001 to 2005, all documents related to indebtness of the marital residence, and all business/corporate tax returns for 2001 to 2005. 5. More than thirty (30) days has passed since service' of the original Request for Production of Documents in violation of Pennsylvania Rule of Civil Procedure 4009.12, which requires production of the requested documents or service of objections within thirty (30) days of service. 6. Despite being fully informed of her obligations pursuant to the Pennsylvania Rules of Civil Procedure, Respondent failed to request a reasonable extension, timely serve responses and/or timely object to Petitioner's Request for Production of Documents. 7. As the requested production is now out of time, Petitioner hereby requests this Honorable Court order the Respondent (and her counsel) to produce all documents requested by Petitioner in his Request for Production of Documents (Exhibit "A") within seven (7) calendar days of the date of entry of the said Order. 8. Petitioner requests that said Order specify that no objections shall be permitted as any objections are out of time. 9. Petitioner further requests that are proceedings be stayed until the documents are produced and Petitioner is able to review the documents. 10. Petitioner also requests that attorney fees in the amount of $1,000.00 be paid to compensate Petitioner for costs incurred by Petitioner in trying to obtain the above mentioned documents and for the unjustified delay in responding to properly propounded discovery. WHEREFORE, for the reasons set forth above, Barry L. Brookhart, Defendant/Petitioner, respectfully requests that his Motion to Compel answers to Discovery and for Sanctions in the form of attorney fees be granted. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC Kathleen Misiturak-Gingrich, Es Attorney LD. NINo. 87954 1029 Scenery' Drive Harrisburg, PA 17109 (717) 657-4795 kgin rg ichkd?glaw.com Counsel for Defendant/Petitioner Dated: September 5, 2006 Kathleen Misturak-Gingrich, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 kginarich@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent V. BARRY L. BROOKHART, Defendant/Petitioner CIVIL ACTION-LAW 2002-2936 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Kathleen Misturak-Gingrich, Esquire, hereby certify that, on this 6 day of September, 2006, a copy of the foregoing Motion of Defendant/Petitioner to Compel Answers to Discovery and for Sanctions was placed in the United States Mail, Postage pre-paid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret St. Carlisle, PA 17013 DALEY, ZUCIKER & GINGRICH, LLC By. Kos InA, I Kathleen Misi Supreme Cou 1029 Scenery Harrisburg, P, (717) 657-47S rak-Gingrich, E I.D. No. 41682 17109 r- ? -?? "'{ ? , ?, i?i?_ ,( ?`_ v ??'1'i ..1 1 Kathleen Misturak-Gingrich, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 kginjzrich@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent CIVIL ACTION-LAW V. 2002 93 CIVIL TERM BARRY L. BROOKHART, Defendant/Petitioner IN DIVORCE RULE AND NOW, this / ?r day of S`?,,`? , 2006, upon consideration of the foregoing Motion of Defendant/Petitioner to Compel Answers to Discovery and for Sanctions, the Court grants a rule to show cause why the Defendant/Petitioner is not entitled to the relief requested. Rule returnable within Zo days. I s,.,„,... . All proceedings to stay meanwhile. G Al 0 ` BYTHE OURT: J. .i _ '? s.? ? { r ? ? . , t ? . ;,? ?? 1 ? Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 lmaclay@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent CIVIL ACTION-LAW V. oa -182% 2002--2"6 CIVIL TERM BARRY L. BROOKHART, Defendant/Petitioner IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, this It, day of October, 2006, comes the Petitioner, Barry L. Brookhart, by and through his counsel, Lindsay Gingrich Maclay, Esquire, of Daley, Zucker & Gingrich, LLC, and respectfully represents: 1. The Petitioner is Barry L. Brookhart, the Defendant in the above-captioned matter. 2. The Respondent is Cathy A. Brookhart, the Plaintiff in the above-captioned matter. 3. On May 17, 2006, Respondent, Cathy A. Brookhart, filed a Petition for Economic Relief to obtain equitable distribution of the marital assets, costs and expenses, and counsel fees. 4. On May 25, 2006, Respondent also filed a Motion for Appointment of Master, in which E. Robert Elicker, II, Esquire, was appointed as the Divorce Master in the above- captioned case. 5. Upon receiving the above-mentioned Petition and Motion, and after conversations with counsel for Respondent, counsel for the Petitioner voluntarily provided the Petitioner's financial information to opposing counsel and understood from these discussions that Respondent's counsel intended to do the same. 6. On July 19, 2006, after several unsuccessful attempts by Petitioner's counsel to secure the requested documents from Respondent's Counsel, Counsel for Petitioner served a Request for Production of Documents, in which neither Respondent, nor her counsel provided the documents requested within the thirty (30) day window provided by Pennsylvania Rule of Civil Procedure 4009.12. 7. On September 8, 2006, Petitioners filed with this Honorable Court, a Motion of Defendant/Petitioner to Compel Answers to Discovery and for Sanctions in the above-captioned matter. 8. On September 13, 2006, this Honorable Court issued a Rule to Show Cause regarding said Motion, returnable twenty (20) days after service. 9. On September 14, 2006, copy of said Rule was served upon Respondent, Cathy A. Brookhart, by and through her counsel, Marcus A. McKnight, III, Esquire, by certified mail, and return receipt requested. Copies of the Certificate of Service filed to the above-referenced docket number is attached hereto as Exhibit "A". 10. Respondent nor Respondent's counsel, Marcus A. McKnight, III, Esquire, have responded to said Rule within the allotted time. WHEREFORE, Petitioner respectfully request this Honorable Court make the Rule Absolute, thereby Ordering Plaintiff to immediately produce all requested documents and order Plaintiff to pay to Defendant/Petitioner's attorney fees in the amount of One Thousand ($1,000.00) Dollars in the above-referenced matter. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC By. 1w MW xhae I i s Gingri acl , Esquire orney I.D. o. 87954 1 29 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 LU ?'t VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich Maclay, Esquire, do hereby verify that the facts averred and statements made in the foregoing Motion are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date. By: ??}tJr?b?r 5t 2t?(t - 4sia? Gingric clay squire CERTIFICATE OF SERVICE I, Lindsay Gingrich Maclay, Esquire, hereby certify that on this day of OUDWV , 2006, a copy of the Motion to Make Rule Absolute was placed in the United States Mail, Postage pre-paid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret St. Carlisle, PA 17013 DALEY, ZUCKER & GINGRICH, LLC s By: i s Gingric clay, quire army I.D. N 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 stal Service EIPT IFIED MAIL ,. REC c Mail Only; No Insurance Coverage Provided) E(DETji 0 r-1 OFF L IC IA L USE E" m Postage $ 0 Certified Fee O Retum Reoeipt Fee (Endorsement Required) M Restricted Delivery Fee Er (Endorsement Required) m ru Total Postage & F... r$ 1-,t 6 G t To C3 r? r+- ?.; or PO Box Na. , t Exhibit "A" r.a CD STl r CATHY A. BROOKHART, Plaintiff/Respondent vs. BARRY L. BROOKHART, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1836 CIVIL IN DIVORCE IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER AND NOW, this / d ' day of October, 2006, the within motion is GRANTED and the plaintiff/respondent is directed to respond to defendant/petitioner's request for production of documents within twenty (20) days of service hereof and in default thereof, to suffer sanctions. BY THE COURT, Xarcus McKnight, III, Esquire 7indsay Plaintiff/Respondent Gingrich Maclay, Esquire For the Defendant/Petitioner :rlm t R1,`f n ^? ??.. ..'t?. -._t7}.? Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 lmac]U@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent CIVIL ACTION-LAW V. BARRY L. BROOKHART, Defendant/Petitioner 2002-2936 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE Kathleen Misturak-Gingrich, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 14t` day of September, 2006, she did serve upon Marcus A. McKnight, III, Esquire, counsel for the Plaintiff in the foregoing case, a true and correct copy of the Rule to Show Cause dated September 13, 2006, by sending to him, by certified mail, return receipt requested, to 60 West Pomfret Street, Carlisle, PA 17013. The original proof of mailing attached hereto as Exhibit "A". Sworn to and subscribed before me this day of 12006 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JANET M. FISHER. NOTARY PUBLIC LOWER PAXTON TOWNSHIP, DAUPHIN COUNTY MY COMMISSION EXPIRES OCTOBER 19, 2008 By: tah L-t, Kathleen Misturak-Gingrich, Esquire Attorney I.D. No. 41682 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ?* <-? c"° ? . r-; -f s _ ?; , r,-? ?--? _r (..i i ?- ? _.;. _ ?" J? ? f `_ ? .a """' ..:.? ?,? "^., CATHY A. BROOKHART : IN THE COURT OF COMMON PLEAS OF Plaintiff V. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 -1836 CIVIL TERM BARRY L. BROOKHART Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Barry L. Brookhart, Defendant in the above-captioned matter, hereby accept service of the Complaint which was filed on April 15, 2002. lei Date: I 1 , 2002 / ..,?.`` BA Y L. BROOKHART C . N ?_:? ? -n ?: ?? ?-rt _? ?' W ,? f'? C? ?_ . ?, ?Y ??_- '"' Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 lmaclay@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent V. BARRY L. BROOKHART, Defendant/Petitioner CIVIL ACTION-LAW a00a -1830 2062-293-6 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Gingrich Maclay, Esquire, being duly sworn according to law, deposes and says that I am an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 110' day of October, 2006, I did serve upon Marcus A. McKnight, III, Esquire, counsel for the Plaintiff in the foregoing case, a true and correct copy of the October 10, 2006 Order Making Rule Absolute which was issued by the Honorable Kevin A. Hess, by sending a copy of same to Attorney McKnight via regular United States mail, to 60 West Pomfret Street, Carlisle, PA 17013. A copy of the transmittal letter and enclosure is attached hereto as Exhibit "A". Sworn to and subscribed before me this day of 2006 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUSAN M. HUDSON, Notary Public City Of Harrisburg, DaupWn County My Commission Expires Oct. 12, 2010 DALEY, ZUCK4GGRICH, LBy. AA. ft i say Ginire A orney I.D. 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Exhibit "A" DALEY, ZUCKER & GINGRICH, LLC ATTORNEYS AT LAW LINDSAY GINGRICH MACLAY ATTORNEY AT LAW (717) 657-4795 EXT. 15 EMAIL: LMACLAY@DZGLAW.COM October 11, 2006 Marcus McKnight, III, Esquire IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Re: Brookhart v. Brookhart (In Divorce) Docket No. 2002-1836 (Cumberland County) Dear Attorney McKnight: OF COUNSEL: KATHLEEN CAREY DALEY, ESQUIRE PATRICIA CAREY ZUCKER, ESQUIRE KATHLEEN MISTURAK-GINGRICH, ESQUIRE QUINTINA M. LAUDERMILCH, ESQUIRE PATRICIA A. PATTON, MGR./PARALEGAL SUSAN M. HUDSON, PARALEGAL JENNIFER L. CARL, PARALEGAL Please find enclosed a copy of Judge Hess's October 10, 2006 Order in the above- captioned matter. Your prompt attention to this matter is greatly appreciated. LGMhrg Enclosure cc: Barry Brookhart (w/enclosure) Very truly yours, DALEY, ZUCKER & GINGRICH, LLC Lindsay Gingrich Maclay 1029 SCENERY DRIVE, HARRISBURG, PA 17109 . TEL: 717.657.4795 . FAX: 717.657.4996 OCT .?° 4 ,. , . 41 CATHY A. BROOKHART, Plaintiff/Respondent vs. BARRY L. BROOKHART, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1836 CIVIL IN DIVORCE IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER AND NOW, this ?0 r day of October, 2006, the within motion is GRANTED and the plaintiff/respondent is directed to respond to defendant/petitioner's request for production of documents within twenty (20) days of service hereof and in default thereof, to suffer sanctions. BY THE COURT, Marcus McKnight, III, Esquire For the Plaintiff/Respondent Lindsay Gingrich Maclay, Esquire For the Defendant/Petitioner : rlm .-. ?;, ?- ,.a ? -T -n - ,.,?? _ ? ..,.. -`;?= rJ - , r. _- ; ,??, -r? % ?=z :::?:? t`C"i { ? r Yl _- ?- a':? ? :G CATHY A. B OOKHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 02 2936 CIVIL BARRY L. B OOKHART, Od-I83(o Defend t IN R DEFENDANT'S MOTION TO COMPEL AND FOR ORDER AND NOW, this J y` day of November, 2006, a brief argument in the above captioned motion to compel and for sanctions is set for Thursday, January 18, 2007, at 3:00 p.m. in Courtroom umber 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, arcus A. For the Ply /indsay G For the De :rim III, Esquire Maclay, Esqui 3 C -j CATHY A. BROOKHART, Plaintiff vs. BARRY L. BROOKHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1836 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL AND FOR SANCTIONS j ORDER AND NOW, this { { day of January, 2007, argument in the above captioned motion to compel and for sanctions set for January 18, 2007, is continued to Thursday, March 8, 2007, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Xarcus A. McKnight, III, Esquire For the Plaintiff ,Vndsay Gingrich Maclay, Esquire For the Defendant Am J &evm A. Hess, J. t,? ? ? . c ? . ?"? ?_ t : a ; . ? ?, ?? { :: !? ??,?? • "",3 ? V CATHY A. BROOKHART, Plaintiff VS. BARRY L. BROOKHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1836 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL AND FOR SANCTIONS ORDER AND NOW, this day of January, 2007, argument in the above captioned motion to compel and for sanctions set for March 8, 2007, is continued to Tuesday, March 27, 2007, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /,arcus A. McKnight, III, Esquire For the Plaintiff Xindsay Gingrich Maclay, Esquire For the Defendant :rlm Kevi A. Hess, J. Lt'JV ? i CATHY A. BROOKHART, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. BARRY L. BROOKHART, CIVIL ACTION - LAW Defendant/Petitioner: NO. 29-;-6-2002 CIVIL TERM )P31o IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 27th day of March, 2007, this matter having been called for hearing on the Motion of Defendant to Compel Answers to Discovery and for Sanctions is granted to the extent that the Plaintiff is ordered and directed within thirty days to produce a list of all payments allegedly made by the Plaintiff on purported debts of the Defendant together with the dates, amounts, and account numbers thereof, and the Plaintiff to be precluded from introducing testimony at the Master's hearings of any other debts paid by her which are not reflected on the list which is produced. The Master is ordered to give consideration to an award of counsel fees in connection with the course of discovery in this case. By the Court, :i - ; ._i L t1 i i :s cb? i„ e f ? ?L ? . i h?t' _ _. . , .. ?? .. i v? -,?? Lindsay Gingrich Maclay, Esquire For the Defendant/Petitioner Marcus A. McKnight, III, Esquire For the Plaintiff/Respondent :lfh CATHY A. BROOKHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2002 -1836 CIVIL TERM] BARRY L. BROOKHART, Defendant DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw my appearance from this case on behalf of the Plaintiff, Cathy A. Brookhart. Respectfully submitted, IRWIN ?/?/4 / By: Marc s A. c t, III, Esq. 60 W st Pom et Carlisle, PA 17013 Date: PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Cathy A. Brookhartt. Respectfully submitted, B David R. Yoder sq. P. O. Box 215 Carlisle, PA 17013 Date: December 27, 2007 Cam' ?' ?rWO ..mot ?? ? r 1V i IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERLAND COUNTY Cathy A. BROOKHART, Plaintiff V. Barry L. BROOKHART, Defendant Civil Action- Law Docket 2002-2936-Civil Term IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned person, do hereby confirm that I served opposing Counsel, Lindsay Gingrich McClay, Esq. , the documents entitled Pre-Trial Statement, Income & Expense Statement, and Inventory & Appraisement previously filed with the court by personal hand delivery on the date indicated below. Date David R. Yoder The Law Offices of David R. Yoder P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 Co Lindsay Gingrich Maclay, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 6574795 lmaclRAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff CIVIL ACTION-LAW V. BARRY L. BROOKHART, Defendant am :k•1s3t -28@236 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 15, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and at least 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. 57 Date: `?`_ alb'` GkJ? Cathy A. Broo art, Plaintiff cz ? o TI., 2-1 ^?'? 51 1. 6?5 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 6574795 lmaclay(a dzmmglaw.corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff CIVIL ACTION-LAW V. BARRY L. BROOKHART, Defendant eZDOa - [8316 2662-293t CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER -43301(c) AND 43301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: da- Cathy A. Brookhart, Plaintiff r? ?Kl V Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 lmaclay6Ddzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff CIVIL ACTION-LAW V. ??-l43L 2002-293 TERM BARRY L. BROOKHART, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 15, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and at least 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: _3 - 7 - ° 8?.? z Barry K Brookhart, Defendant - "+3 .Z7 Fn F CI ) Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 lmaclay60zmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff CIVIL ACTION-LAW V. BARRY L. BROOKHART, Defendant aaaa - lfa3L 2062-293-6 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 3-7- 00 Barr . Brookhart, Defendant t 1 r..s ca ? ?? W ! tj.. ?? .ter - . ? \ ? ?.?/i • 1 ?y `i ? CATHY A. BROOKHART, Plaintiff Vs. . BARRY L. BROOKHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 183!0 NO. 02 - ? ? CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2008, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on March 7, 2008, the date set for a conference, the agreement and stipulation with Joint Exhibit A attached, having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated. BY URT, ., GV? 1A dgar B. Bayley, P.J. E cc: /David R. Yoder Attorney for Plaintiff ./ Lindsay Gingrich Maclay Attorney for Defendant oaf its m?tctsc-( 3f?vfog U C t ? CL- N C.? -? D F CATHY A. BROOKHART, Plaintiff VS. BARRY L. BROOKHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I$36 NO. 02 - y9,3'6 CIVIL IN DIVORCE THE MASTER: Today is Friday, March 7, 2008. This is the date set for a conference with counsel and the parties. Both parties are present; Cathy A. Brookhart is represented by David R. Yoder, and the Defendant, Barry L. Brookhart, is represented by Lindsay Gingrich Maclay. The action was commenced by the filing of a complaint in divorce on April 15, 2002. The grounds raised in the complaint were irretrievable breakdown of the marriage. The parties have provided the Master today with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties. The affidavits and waivers will be filed by the Master's office with the Prothonotary; the divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. On May 17, 2006, a petition for economic relief was filed on behalf of the wife raising claims for equitable distribution, counsel fees costs and expenses. No claim has been raised by either party for alimony. The Master has been advised that after considerable negotiations, the parties are going to place a 1 stipulation and agreement on the record. The stipulation and agreement as placed on the record will refer to an agreement which is going to be marked Joint Exhibit "A" which has been reviewed by both parties and signed and which will be made part of the total comprehensive agreement in the case. The stipulation and agreement that we are going to place on the record essentially is an addendum to the agreement that has been previously signed and attached as a joint exhibit. Upon receipt by the Master of a completed agreement and stipulation, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Yoder. MR. YODER: The parties to this action being Cathy A. Brookhart and Barry L. Brookhart have reached a stipulation and agreement on all matters relating to equitable distribution, counsel fees and costs as memorialized in Joint Exhibit "A". In addition to the provisions in Joint Exhibit "A", which are incorporated and made part of the stipulation as well, the parties have reached an agreement on the following items: Barry L. Brookhart and his counsel agree to assist and cooperate in any reasonable manner with any suit or other action filed to recover costs and damages from wife's prior counsel, Marcus A. McKnight, III, Esquire. The 2 Plaintiff and wife in this case agrees to bear any costs associated with such cooperation. In the event of a favorable award in such suit or in the case of an unusual financial windfall, wife agrees to accelerate or pay in full the payments under the provisions of Joint Exhibit "A". Should a defense be raised in the aforementioned suit against Marcus A. McKnight, III, Esquire and his firm, that a full litigation of this matter would have resulted in a more favorable outcome to wife than that contained within this stipulation and agreement, the parties agree that the Master may then hear the case in full with wife bearing the costs of husband's attorney fees for all such subsequent proceedings. Both parties agree that the Master may exercise jurisdiction for this contingency and for this contingency only. MS. GINGRICH MACLAY: Barry, you were here today? You have been privy to discussions and negotiations for purposes of trying to bring this case to resolution and you've been fully involved in those discussions and we have talked about the benefits and detriments of settling versus litigating and you are comfortable? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And comfortable? MR. BROOKHART: Yes. 3 MS. GINGRICH MACLAY: And you understand the terms that we have reached with regard to resolution of this matter? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And you are entering into those terms freely and voluntarily without any coercion? MR. BROOKHART: Nobody has twisted my arm? MR. YODER: Cathy, I know this is emotional for you. If at any point you feel uncomfortable, I want you to tell the Master, on the record here, that you do feel uncomfortable with it. MS. BROOKHART: Yes, sir. MR. YODER: Now, you and I have had an opportunity to discuss this case in quite some detail over the past several weeks, correct? MS. BROOKHART: Yes, sir. MR. YODER: And we have talked about the options that are available to you in this case? MS. BROOKHART: Yes, sir. MR. YODER: And I have outlined for you the provisions contained within the stipulation that we are entering into today? MS. BROOKHART: Yes. MR. YODER: And do you understood what those 4 provisions contain? MS. BROOKHART: Yes, sir MR. YODER: Are you willing to enter into this agreement based on your knowledge of what your options are? MS. BROOKHART: Yes. MR. YODER: And you are doing this without coercion from outside influences or other persons? MS. BROOKHART: Yes. MR. YODER: Is it your conclusion that based on what you know this stipulation is your best option at the present time? MS. BROOKHART: At the present time, yes. THE MASTER: All right. Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating 5 myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: K? David R. Yo er Attorney for Plaintiff A At ds y G' grich Maclay or" for Defendant DATE: Cat Hy A. rookhart 1 ?1/ A 6 Bai?'ry L. Brookhart 6 Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 lmaclUgdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff V. BARRY L. BROOKHART, Defendant 430 No. 20022936-(Civil Tenn) CIVIL ACTION - LAW (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this 4*day of , 2008, BY and BETWEEN Cathy A. Brookhart of 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D Barry L. Brookhart of 4716 Goodman Road, Roanok, Roanoke County, Virginia, hereinafter referred to as Husband. RECITALS R.1: The Parties hereto were Husband and Wife, having been joined in marriage on April 25, 1988 in Perry County, Pennsylvania; and R.2: Differences have arisen between the Parties, in consequence of which the parties have lived separate and apart since on or about April 1, 2002; and R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Wife filed a Complaint in Divorce in Cumberland County on April 15, 2002 to the above-referenced term and number; and R.6: It is the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: The Parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.8: The Parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and 2 R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Wife has been independently represented by David R. Yoder, Esquire; and R.10: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.11: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that both parties have filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Further, the non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 3 Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: (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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither Party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either Party. Each Party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement and/or the terms of any Custody Agreement or Order. (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize the Divorce. Said Affidavits and Waivers, along with any and all 4 additional documents necessary to finalize the Divorce, will be filed in the Cumberland County Prothonotary's Office as soon as administratively feasible. If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the other party may receive counsel fees and sanctions. Said breach does not entitle either party to seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the agreement as void for failure to execute the Consent and Waiver. (3) REAL PROPERTY: Wife, individually, is the owner of certain real property located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). Any and all encumbrances on the Marital Residence are solely in Wife's name. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the Marital Residence, including, but not limited to, mortgage payments, loan payments, all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership of the Marital Residence. 5 (4) DEBT: A. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on April 1, 2002 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. B. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on April 1, 2002 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. C. OUTSTANDING JOINT DEBTS: In the event that either party contracted or incurred any debts since the date of separation on April 1, 2002, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. D. UNDISCLOSED DEBTS: Any liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6 (5) MOTOR VEHICLES: The parties acknowledge that Wife owns a 1995 Dodge 3500 Pickup. Husband hereby relinquishes any right, title or interest he may have in and to the 1995 Dodge Pickup currently in Wife's possession. Wife shall acquire and maintain separate insurance on the 1995 Dodge currently in her possession. Wife shall hold harmless and indemnify Husband from any loss thereon. Wife specifically agrees to assume full responsibility and pay in due course, any encumbrance on the 1995 Dodge currently in her possession. The parties acknowledge that Husband owns a 1992 Dodge 250 Pickup. Wife hereby relinquishes any right, title or interest she may have in and to the 1992 Dodge 250 Pickup currently in Husband's possession. Husband shall acquire and maintain separate insurance on the 1992 Dodge Pickup currently in his possession. Husband shall hold harmless and indemnify Wife from any loss thereon. Husband specifically agrees to assume full responsibility and pay in due course, any encumbrance on the Sienna currently in his possession. To the extent that either of the vehicles are titled or encumbered jointly, the parties shall immediately execute "any and all documents necessary to individually title the vehicles with the Commonwealth of Pennsylvania. Moreover, to the extent that either vehicle in the possession of the parties is encumbered jointly, the parties hereto will refinance said loan solely into their names within ninety (90) days of the execution of this Agreement. 7 (6) BUSINESS INTERESTS: Husband and Wife hereby waive one unto the other any right, title and/or interest that he/she may have in and to each other's business's, J.B. Escort Service and Brookhart Trucking Escort Service respectively, specifically including, but not limited to any equipment, inventory and/or business accounts. Each Party hereby acknowledges that each will sign any necessary documents in order to transfer any legal interest that each may have in the aforesaid business entities, including, but not limited to, stock certificates, shareholders agreements, powers of attorney, and/or tax returns. From the date of execution of this Agreement, each party shall retain all right, title and/or interest in and to the aforesaid business entity as his/her sole and exclusive property. In the event that either fails to sign any necessary document within ten (10) days of any written request for him to do so, either party may apply to a court of competent jurisdiction, which shall be empowered to sign any such document necessary to transfer title to the other and, further, each shall be responsible to pay unto the other any expenses, including but not limited to attorneys fees and costs incurred as a result of either parties' failure to sign the necessary documents leading to the necessity of legal proceedings. Each party shall be responsible for any and all liabilities associated with their business, regardless of when said liabilities were incurred. Each shall indemnify and hold the other harmless with regard to all such liabilities associated with their respective business entity. (7) TANGIBLE PERSONAL PROPERTY: The parties hereto acknowledge and agree that they have reached a satisfactory division of the furniture, household furnishings, appliances, tools, guns and other household personal property 8 between them. Each party shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (8) INTANGIBLE PERSONAL PROPERTY: Each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans, 403 (b) plans and the like. (9) LIFE INSURANCE: To the extent that either of the Parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either Party from designating beneficiaries under or encumbering their respective life insurance policies. (10) AFTER-ACQUIRED PROPERTY: Each of the Parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 9 (11) WAIVER OF ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (12) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (13) CASH PAYMENT: In exchange for Husband waiving his right, title and interest in and to various marital assets in this Agreement, Wife shall pay to Husband, a total amount of Twenty-Five Thousand ($25,000.00) Dollars. Said payment is representative of Fifteen Thousand ($15,000) Dollars for equitable distribution of Ten Thousand ($10,000) Dollars in attorney's fees. This payment is meant to be equitable distribution and is therefore, not intended by either party to be a taxable event. These payments shall be made by Wife to Husband on a monthly basis in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before the first of each month and continuing for a term of Sixty (60) months. Wife's first monthly payment in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars shall be made to Husband on or before April 1, 2008. Wife shall make all checks payable to Daley Zucker Meilton Miner & Gingrich, attorney for Barry L. Brookhart, and said checks shall be sent to 1029 Scenery Drive, Harrisburg, PA, 17109, by Wife. (14) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with regard to the rights of each 10 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. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (15) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Wife has been independently represented by David R. Yoder. Each Party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each 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 as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (16) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 11 (17) INCOME TAX: The Parties hereby acknowledge that they plan to file separate federal, state, and local income tax returns for the tax year of 2007 and all ongoing years. The Parties hereto agree that Wife shall be entitled to take any of the mortgage interest, real estate taxes and any other deductible expenses paid for 2007 on the Marital Residence for purposes of claiming said deduction on her tax return. Should the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by the Parties during the course of their marriage, the Parties hereto agree to equally divide any such tax liability and/or tax return. (18) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. In the event that either party becomes a debtor in any bankruptcy or financial re- organization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in 12 all of the debtor's exempt property sufficient to meet all obligations to the creditor- spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. (19) COMPLETE DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that both parties have filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such and undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs of expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 13 (20) WAIVER OF APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of all assets, including, but not limited to the real estate, the personal property, the vehicles, and 401K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. However, to the extent that the Parties have determined that they will not undertake the expense to have other items appraised and/or valued, they agree that the division of property as set forth in this Agreement, represents a fair and equitable distribution. (21) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (22) FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, arising out of the marital relationship, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of 14 any provision thereof. Neither Party shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either Party may have or claim to have, and except for the obligations of the Parties contained in this Agreement and such rights as are expressly reserved herein, each Party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Party ever had or now has against the other specifically arising from the marital relationship. (23) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each Party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the Parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a Divorce Decree are intended to defeat the right of either Party to receive any insurance proceeds at the 15 death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either Party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (24) SEPARABILITY OF PROVISIONS: 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. (25) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (26) INCORPORATION INTO DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. 16 (27) BREACH: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other Party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (28) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (29) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. (30) PRESERVATION OF RECORDS: Each Party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each Party will allow the other Party reasonable access to those records in the event of tax audits. (31) WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17 (32) NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. (33) HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. (34) EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall also continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement, or any term herein, to be null and void. 18 IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: David R.Yoder, quire Attorney for Plaintiff Cathy A. rookhart, Plaintiff di dsay G' c aclay, Esquire B y L. Brookhart, Defendant orney Defendant 19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent JJV No. 2002-2#9tf Civil Term) V. BARRY L. BROOKHART, Defendant/Petitioner CIVIL ACTION - LAW (In Divorce) PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT AND FOR ATTORNEY'S FEES AND NOW, this 30' day of Awl , 2008, comes Defendant/Petitioner, Barry L. Brookhart, by and through his attorneys, Lindsay Gingrich Maclay, Esquire, of the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and avers as follows: 1. Barry L. Brookhart, an adult individual who resides at 4716 Goodman Road, Roanoke, Virginia, is the Defendant/Petitioner in the above-captioned matter (hereinafter referred to as "Husband"). 2. Cathy A. Brookhart, an adult individual who resides at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff/Respondent in the above- captioned matter (hereinafter referred to as "Wife"). 3. The Parties were married on April 25, 1988 in Perry County, Pennsylvania. 4. The Parties have lived separate and apart since on or about April 1, 2002. 5. The Parties' division of all marital property and debts occurred through a Property Settlement and Separation Agreement executed by the Parties on March 7, 2008 (hereinafter referred to as "PSSA" ). A copy of said agreement is attached hereto and incorporated by reference as Exhibit "A". 6. A Stipulation and Agreement which incorporated the PSSA was read into the Record and acknowledged by the Parties during the Master's Hearing on March 7, 2008 (hereinafter referred to as "Record Stipulation"). A copy of said Record Stipulation is attached hereto and incorporated by reference as Exhibit "B". 7. The provisions of Paragraph Thirteen (13) of the PSSA, regarding the cash payment is as follows: In exchange for Husband waiving his right, title, and interest in and to various marital assets in this Agreement, Wife shall pay to Husband, a total amount of Twenty-Five Thousand ($25,000) Dollars. Said payment is representative of Fifteen Thousand ($15,000) Dollars for equitable distribution of Ten Thousand ($10,000) Dollars in attorney's fees. This payment is meant to be equitable distribution and is therefore, not intended by either party to be a taxable event. These payments shall be made by Wife to Husband on a monthly basis in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before the first of each month and continuing for a term of Sixty (60) months. Wife's first monthly payment in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars shall be made to Husband on or before April 1, 2008. Wife shall make all check payable to Daley Zucker Meilton Miner & Gingrich, attorneys for Barry L. Brookhart, and said checks shall be sent to 1029 Scenery Drive, Harrisburg, PA, 17109, by Wife. 8. Pursuant to Paragraph Thirteen (13) of the PSSA, Husband, through Counsel, was to receive, on or before April 1, 2008, his first monthly payment of Four Hundred Sixteen Dollars and 67/100 ($416.67) Dollars. 9. Since the parties executed their PSSA, neither Husband nor Counsel for Husband have received a monthly payment from Wife of Four Hundred Sixteen Dollars and 67/100 ($416.67) Dollars. 10. Counsel for Husband has had multiple conversations with Counsel for Wife regarding non-payment. 11. On or about April 2, 2008, Counsel for Husband sent a letter to Counsel for Wife requesting Wife's April 2008 payment be made immediately to avoid the necessity of filing this petition. A copy of the April 2, 2008 letter to Attorney David Yoder is attached hereto as Exhibit "C" and is incorporated herein by reference. 12. As of the date of this filing, no payments have been received from Wife by Husband or Counsel for Husband. 13. The provisions of Paragraph Twenty-Seven (27) of the PSSA provide as follows: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other :Party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Under Paragraph Twenty-Seven (27) of the PSSA, Wife should compensate Husband for all filing fees, costs, expenses, and attorney's fees paid to enforce the provisions of the March 7, 2008 PSSA. 15. Pursuant to Sections 3105(a) and 3502(e) of the divorce Code, Wife should be found in contempt of court for failure to abide by the provisions of Paragraph Thirteen (13) of the Parties' March 7, 2008 PSSA. 16. Husband also seeks reimbursement of costs and attorney's fees from Wife, pursuant to the authority found at 3502(e)(7), for fees incurred by Husband in enforcing the provisions of the PSSA. WHEREFORE, Husband respectfully requests this Honorable Court find Wife in contempt of court for failure to abide by the provisions set forth in the PSSA, dated March 7, 2008. Husband further requests this Honorable Court order Wife to immediately pay Husband Eight Hundred Thirty-Three and 34/100 ($833.34) Dollars representing the equitable distribution for the months of April and May 2008, in satisfaction of the provisions set forth in Paragraph Thirteen (13) of the Property Settlement and Separation Agreement entered into by the Parties on March. 7, 2008. Husband further requests that this Honorable Court order Wife to immediately reimburse Husband for all fees and costs, including attorney's fees, incurred as a result of Wife's breach of the PSSA and Record Stipulation. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: Yl? 30,00 By: Z_? L' d ay Gin i h aclay, E quire Supreme Court I.D. #87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant/Petitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action, that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of )q r-2008. a f ?' ?Y, Notary Public COMMONWEALTH of PENNSYLVANIA EGI?ori?aa OTARIAL SEAL M Rine, Notary Public ton Township, Da uphin County ssion expires November 15, 2011 VERIFICATION I, Barry L. Brookhart, Defendant/Petitioner, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C $. Section 4404, relating to unworn falsification to authorities. Date: A/- - o e Barry . Brookhart, Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, this 30'-' day of Anti 1 2008, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the Petition to Enforce Property Settlement and Separation Agreement and Attorney Fees, by mailing same by first class mail, postage prepaid, addressed as follows: David R. Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 DALEY ZUCKER MEILTON MINER & GINGRIm, LLC By: ?d?///ma R. (?1'Ga Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Exhibit "??." Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay@dzmxnglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff V. BARRY L. BROOKHART, Defendant No. 2002-2936 (Civil Term) CIVIL, ACTION - LAW (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this I-*day of 12008, BY and BETWEEN Cathy A. Brookhart of 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D Barry L. Brookhart of 4716 Goodman Road, Roanok, Roanoke County, Virginia, hereinafter referred to as Husband. RECITALS R.1: The Parties hereto were Husband and Wife, having been joined in marriage on April 25, 1988 in Perry County, Pennsylvania; and R.2: Differences have arisen between the Parties, in consequence of which the parties have lived separate and apart since on or about April 1, 2002; and R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Wife filed a Complaint in Divorce in Cumberland County on April 15, 2002 to the above-referenced term and number; and R.6: It is the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: The Parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.8: The Parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and 2 R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Wife has been independently represented by David R. Yoder, Esquire; and R.10: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.11: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that both parties have filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other parry in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Further, the non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 3 Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: (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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither Party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either Party. Each Party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement and/or the terms of any Custody Agreement or Order. (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize the Divorce. Said Affidavits and Waivers, along with any and all 4 additional documents necessary to fmalize the Divorce, will be filed in the Cumberland County Prothonotary's Office as soon as administratively feasible. If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the other party may receive counsel fees and sanctions. Said breach does not entitle either parry to seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the agreement as void for failure to execute the Consent and Waiver. (3) REAL PROPERTY: Wife, individually, is the owner of certain real property located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). Any and all encumbrances on the Marital Residence are solely in Wife's name. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the Marital Residence, including, but not limited to, mortgage payments, loan payments, all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership of the Marital Residence. 5 (4) DEBT: A. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on April 1, 2002 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. B. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on April 1, 2002 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. C. OUTSTANDING JOINT DEBTS: In the event that either party contracted or incurred any debts since the date of separation on April 1, 2002, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. D. UNDISCLOSED DEBTS: Any liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6 (5) MOTOR VEHICLES: The parties acknowledge that Wife owns a 1995 Dodge 3500 Pickup. Husband hereby relinquishes any right, title or interest he may have in and to the 1995 Dodge Pickup currently in Wife's possession. Wife shall acquire and maintain separate insurance on the 1995 Dodge currently in her possession. Wife shall hold harmless and indemnify Husband from any loss thereon. Wife specifically agrees to assume full responsibility and pay in due course, any encumbrance on the 1995 Dodge currently in her possession. The parties acknowledge that Husband owns a 1992 Dodge 250 Pickup. Wife hereby relinquishes any right, title or interest she may have in and to the 1992 Dodge 250 Pickup currently in Husband's possession. Husband shall acquire and maintain separate insurance on the 1992 Dodge Pickup currently in his possession. Husband shall hold harmless and indemnify Wife from any loss thereon. Husband specifically agrees to assume full responsibility and pay in due course, any encumbrance on the Sienna currently in his possession. To the extent that either of the vehicles are titled or encumbered jointly, the parties shall immediately execute any and all documents necessary to individually title the, vehicles with the Commonwealth of Pennsylvania. Moreover, to the extent that either vehicle in the possession of the parties is encumbered jointly, the parties hereto will refinance said loan solely into their names within ninety (90) days of the execution of this Agreement. 7 (6) BUSINESS INTERESTS: Husband and Wife hereby waive one unto the other any right, title and/or interest that he/she may have in and to each other's business's, J.B. Escort Service and Brookhart Trucking Escort Service respectively, specifically including, but not limited to any equipment, inventory and/or business accounts. Each Party hereby acknowledges that each will sign any necessary documents in order to transfer any legal interest that each may have in the aforesaid business entities, including, but not limited to, stock certificates, shareholders agreements, powers of attorney, and/or tax returns. From the date of execution of this Agreement, each party shall retain all right, title and/or interest in and to the aforesaid business entity as his/her sole and exclusive property. In the event that either fails to sign any necessary document within ten (10) days of any written request for him to do so, either party may apply to a court of competent jurisdiction, which shall be empowered to sign any such document necessary to transfer title to the other and, further, each shall be responsible to pay unto the other any expenses, including but not limited to attorneys fees and costs incurred as a result of either parties' failure to sign the necessary documents leading to the necessity of legal proceedings. Each party shall be responsible for any and all liabilities associated with their business, regardless of when said liabilities were incurred. Each shall indemnify and hold the other harmless with regard to all such liabilities associated with their respective business entity. (7) TANGIBLE PERSONAL PROPERTY: The parties hereto acknowledge and agree that they have reached a satisfactory division of the furniture, household furnishings, appliances, tools, guns and other household personal property 8 between them. Each party shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (8) INTANGIBLE PERSONAL PROPERTY: Each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans, 403 (b) plans and the like. (9) LIFE INSURANCE: To the extent that either of the Parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either Party from designating beneficiaries under or encumbering their respective life insurance policies. (10) AFTER-ACQUIRED PROPERTY: Each of the Parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 9 (11) WAIVER OF ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Parry waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (12) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (13) CASH PAYMENT: In exchange for Husband waiving his right, title and interest in and to various marital assets in this Agreement, Wife shall pay to Husband, a total amount of Twenty-Five Thousand ($25,000.00) Dollars. Said payment is representative of Fifteen Thousand ($15,000) Dollars for equitable distribution of Ten Thousand ($10,000) Dollars in attorney's fees. This payment is meant to be equitable distribution and is therefore, not intended by either parry to be a taxable event. These payments shall be made by Wife to Husband on a monthly basis in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before the first of each month and continuing for a term of Sixty (60) months. Wife's first monthly payment in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars shall be made to Husband on or before April 1, 2008. Wife shall make all checks payable to Daley Zucker Meilton Miner & Gingrich, attorney for Barry L. Brookhart, and said checks shall be sent to 1029 Scenery Drive, Harrisburg, PA, 17109, by Wife. (14) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with regard to the rights of each 10 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. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (15) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Wife has been independently represented by David R. Yoder. Each Party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each 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 as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (16) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 11 (17) INCOME TAX: The Parties hereby acknowledge that they plan to file separate federal, state, and local income tax returns for the tax year of 2007 and all ongoing years. The Parties hereto agree that Wife shall be entitled to take any of the mortgage interest, real estate taxes and any other deductible expenses paid for 2007 on the Marital Residence for purposes of claiming said deduction on her tax return. Should the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by the Parties during the course of their marriage, the Parties hereto agree to equally divide any such tax liability and/or tax return. (18) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. In the event that either party becomes a debtor in any bankruptcy or financial re- organization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in 12 all of the debtor's exempt property sufficient to meet all obligations to the creditor- spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. (19) COMPLETE DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that both parties have filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such and undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs of expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 13 (20) WAIVER OF APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of all assets, including, but not limited to the real estate, the personal property, the vehicles, and 401K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. However, to the extent that the Parties have determined that they will not undertake the expense to have other items appraised and/or valued, they agree that the division of property as set forth in this Agreement, represents a fair and equitable distribution. (21) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (22) FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, arising out of the marital relationship, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of 14 any provision thereof. Neither Party shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either Party may have or claim to have, and except for the obligations of the Parties contained in this Agreement and such rights as are expressly reserved herein, each Party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Parry ever had or now has against the other specifically arising from the marital relationship. (23) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each Party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the Parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a Divorce Decree are intended to defeat the right of either Party to receive any insurance proceeds at the 15 death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either Party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (24) SEPARABILITY OF PROVISIONS: 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. (25) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (26) INCORPORATION INTO DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. 16 (27) BREACH: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other Party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (28) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (29) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. (30) PRESERVATION OF RECORDS: Each Party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each Party will allow the other Party reasonable access to those records in the event of tax audits. (31) WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17 (32) NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Parry hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. (33) HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. (34) EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall also continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement, or any term herein, to be null and void. 18 IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: David R.Yoder, quire Attorney for Plaintiff C` \ n in ch Mac ire Attorney for Defendant Cathy A. B o art, Plaintiff L. Brookhart, Defendant 19 Exhibit "B" CATHY A. BROOKHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 2936 CIVIL BARRY L. BROOKHART, Defendant IN DIVORCE THE MASTER: Today is Friday, March 7, 2008. This is the date set for a conference with counsel and the parties. Both parties are present; Cathy A. Brookhart is represented by David R. Yoder, and the Defendant, Barry L. Brookhart, is represented by Lindsay Gingrich Maclay. The action was commenced by the filing of a complaint in divorce on April 15, 2002. The grounds raised in the complaint were irretrievable breakdown of the marriage. The parties have provided the Master today with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties. The affidavits and waivers will be filed by the Master's office with the Prothonotary; the divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. On May 17, 2006, a petition for economic relief was filed on behalf of the wife raising claims for equitable distribution, counsel fees costs and expenses. No claim has been raised by either party for alimony. The Master has been advised that after considerable negotiations, the parties are going to place a 1 stipulation and agreement on the record. The stipulation and agreement as placed on the record will refer to an agreement which is going to be marked Joint Exhibit "A" which has been reviewed by both parties and signed and which will be made part of the total comprehensive agreement in the case. The stipulation and agreement that we are going to place on the record essentially is an addendum to the agreement that has been previously signed and attached as a joint exhibit. Upon receipt by the Master of a completed agreement and stipulation, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Yoder. MR. YODER: The parties to this action being Cathy A. Brookhart and Barry L. Brookhart have reached a stipulation and agreement on all matters relating to equitable distribution, counsel fees and costs as memorialized in Joint Exhibit "A". In addition to the provisions in Joint Exhibit "A", which are incorporated and made part of the stipulation as well, the parties have reached an agreement on the following items: Barry L. Brookhart and his counsel agree to assist and cooperate in any reasonable manner with any suit or other action filed to recover costs and damages from wife's prior counsel, Marcus A. McKnight, III, Esquire. The 2 Plaintiff and wife in this case agrees to bear any costs associated with such cooperation. In the event of a favorable award in such suit or in the case of an unusual financial windfall, wife agrees to accelerate or pay in full the payments under the provisions of Joint Exhibit "A". Should a defense be raised in the aforementioned suit against Marcus A. McKnight, III, Esquire and his firm, that a full litigation of this matter would have resulted in a more favorable outcome to wife than that contained within this stipulation and agreement, the parties agree that the Master may then hear the case in full with wife bearing the costs of husband's attorney fees for all such subsequent proceedings. Both parties agree that the Master may exercise jurisdiction for this contingency and for this contingency only. MS. GINGRICH MACLAY: Barry, you were here today? You have been privy to discussions and negotiations for purposes of trying to bring this case to resolution and you've been fully involved in those discussions and we have talked about the benefits and detriments of settling versus litigating and you are comfortable? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And comfortable? MR. BROOKHART: Yes. 3 MS. GINGRICH MACLAY: And you understand the terms that we have reached with regard to resolution of this matter? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And you are entering into those terms freely and voluntarily without any coercion? MR. BROOKHART: Nobody has twisted my arm? MR. YODER: Cathy, I know this is emotional for you. If at any point you feel uncomfortable, I want you to tell the Master, on the record here, that you do feel uncomfortable with it. MS. BROOKHART: Yes, sir. MR. YODER: Now, you and I have had an opportunity to discuss this case in quite some detail over the past several weeks, correct? MS. BROOKHART: Yes, sir. MR. YODER: And we have talked about the options that are available to you in this case? MS. BROOKHART: Yes, sir. MR. YODER: And I have outlined for you the provisions contained within the stipulation that we are entering into today? MS. BROOKHART: Yes. MR. YODER: And do you understood what those 4 provisions contain? MS. BROOKHART: Yes, sir MR. YODER: Are you willing to enter into this agreement based on your knowledge of what your options are? MS. BROOKHART: Yes. MR. YODER: And you are doing this without coercion from outside influences or other persons? MS. BROOKHART: Yes. MR. YODER: Is it your conclusion that based on what you know this stipulation is your best option at the present time? MS. BROOKHART: At the present time, yes. THE MASTER: All right. Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating 5 myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 7 -Zoo David R. Yod Cathy A. Brookhart e? Attorney fo Plaintiff JtL ds ay g is Maclay Bar y L. Brookhart orne ?or Defendant 6 Exhibit "C" Apri12, 2008 PATRICIA CAREY ZUCKER SANDRA L. MEILTON STEVEN P. MINER KATHLEEN MISTURAK-GINGRICH LINDSAY GINGRICH MACLAY QUINTINA M. LAUDERMILCH PATRICIA A. PATTON OFFICE ADMINISTRATOR REPLY TO: EAST SHORE OFFICE: 1029 SCENERY DRIVE HARRISBURG, PA 17109 717-657-4795 717-657-4996 FAX WEST SHORE OFFICE: 1035 MUMMA ROAD SUITE 101 WORMLEYSBURG, PA 17043 717-724-9821 717-724-9826 FAx VIA FACSIMILE (717/258-6718) & U.S. MAIL David R. Yoder, Esquire PO Box 215 Carlisle, PA 17013 Re: Brookhart v. Brookhart (In Divorce) Docket No. 02-2936 (Cumberland County) Dear Dave: I am writing as a follow-up to my recent voicemail messages left for you regarding the above-referenced matter. Please be advised that my office has not received a check from your client for the month of April, 2008. Pursuant to Paragraph 13 of the parties' March 7, 2008 Stipulation and Agreement, incorporating the March 7, 2008 Property Settlement and Separation Agreement, your client was to commence monthly payments to my client of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before May 1, 2008. These payments were to be made payable to Daley Zucker Meilton Miner & Gingrich, LLC, and were to be sent to 1029 Scenery Drive, Harrisburg, Pennsylvania 17109. Kindly have your client remit her monthly payment immediately or we will proceed to file all necessary paperwork with the Court and in which we will be seeking additional attorney's fees. Additionally, as a follow-up of my March 12, 2008 letter to you, I am writing to inquire as to the status of the finalization of the Divorce in this matter. As indicated in my March 12, 2008 letter to you, it was my understanding you would be filing the Praecipe to Transmit the Record, along with the divorce information sheet and Divorce Decrees. Kindly provide me with a certified copy of the Divorce Decree in the above-referenced matter. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC A Pennsylvania Cert fed Woman Business Enterp7zse David R. Yoder, Esquire April 2, 2008 Page Two Thank you in advance for you anticipated prompt attention to this matter. I look forward to prompt receipt of your client's payment to my client, as well as to receipt of a certified copy of the final Decree in Divorce. Very truly yours, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Esquire L' d y Gin .2 LGM/ cc: Mr. Barry Brookhart May. 2. 2008 3:18PM DALEY ZUCKER GINGRICH LLC No.3E27 P. 2 IN THE CotaT OF Commm PLEAS OF THE NRam ,JUDIaAL DISTRICT OF THE COMMONWEALTH OF PEWNSYLVANIA- CUMBLV AND COUrM Cathy A. BROOKKART, Civil Action Law Plaintiff V. Docket 2002-1836 Civil Term Barry L. BROOKHART, . Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, the undersigned Defendant in the above-captioned action, hereby accept service of the complaint on the date indicated below. 1 am a:Wwriwd to accept service under Pa.RCiv.P. 1930.4(d) in lieu of formal service under Rule I930.4(a)(bxc). PW 22, 20p- A Date ?t s Y r ' ?.. ???4 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent V. BARRY L. BROOKHART, Defendant/Petitioner 94Y 02 2w8 i ? 3u No. 2002-*9Tff(Civil Term) CIVIL ACTION - LAW (In Divorce) ORDER AND NOW, this 1A* day of 2008, upon consideration of the attached Petition to Enforce Property Settlement and Separation Agreement, IT IS HEREBY ORDERED AND DECREED that a conference concerning the Petition shall be held on the I(# to day of 221 2008, at f/? 40 o'clock 0.m. in Courtroom No. of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: Distribution. Nevin A. Hess, J. LL dsay Gingrich Maclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 / enery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant/Petitioner avid R. Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013, Attorney for Pl aintiff?Respondent 1?6f ma,L( s/13/66 ?L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent 19.3. No. 293 (Civil Term) V. BARRY L. BROOKHART, Defendant/Petitioner CIVIL ACTION - LAW (In Divorce) AMENDED PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT AND FOR ATTORNEY'S FEES AND NOW, this 20L day of Maq 2008, comes Defendant/Petitioner, Barry L. Brookhart, by and through his attorneys, Lindsay Gingrich Maclay, Esquire, of the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and avers as follows: 1. Barry L. Brookhart, an adult individual who resides at 4716 Goodman Road, Roanoke, Virginia, is the Defendant/Petitioner in the above-captioned matter (hereinafter referred to as "Husband") 2. Cathy A. Brookhart, an adult individual who resides at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff/Respondent in the above- captioned matter (hereinafter referred to as "Wife"). 3. On May 1, 2008 Husband filed a Petition to Enforce Property Settlement and Separation Agreement (hereinafter "PSSA") and for Attorney's fees due to non- payment by Wife of her obligations to Husband under said PSSA. A copy of said Petition is attached hereto as Exhibit "A" and is incorporated by reference as if set forth at length herein. 4. On Friday, March 7, 2008, the parties attended an equitable distribution hearing with Master Elicker wherein they were able to reach an agreement regarding distribution of the marital property and marital debt. 5. During said hearing, counsel for Wife advised that in order to make payment to Husband under the equitable distribution scheme proposed, Wife would have to file for bankruptcy to rid herself of some of her unsecured credit card debt. 6. Since entering into the PSSA, Wife has failed to make any payments to Husband, which to date, include her April and May 2008 payments in the amount of $416.67 each. 7. Since the filing of the original Petition to Enforce the PSSA, counsel for Husband has had multiple conversations with counsel for Wife, and has also had a conversation with Wife's bankruptcy counsel, Attorney Matthew Eshelman. 8. On May 8, 2008, during a telephone conversation with Attorney Matthew Eshelman (hereinafter "May 8th Telephone Call"), counsel for Husband was advised that Wife intended to file a Chapter 13 bankruptcy in which she planned to list Husband as a "Tier 1 unsecured `non-priority' claim" in her bankruptcy. When counsel for Husband inquired as to what that meant for her client, Attorney Eshelman advised, "the only way [Husband] gets paid is if Wife is successful in her suit against [her former counsel]." 9. During the May 8th Telephone Call, Attorney Eshelman advised that Wife's intention was to file a Chapter 13 bankruptcy within one (1) week; however, as of the date of filing of this Amended Petition, Wife has not filed same. 10. Counsel for Husband has been in contact with a number of bankruptcy counsel in the area to discuss what potential ramifications the filing of a Chapter 13 may have for her client and the results of those discussions have been conflicted. Although all have agreed that equitable distribution obligations are not dischargeable in a Chapter 7 or Chapter 11 bankruptcy, some have said that equitable distribution awards are not dischargeable in a Chapter 13 bankruptcy and some have said that under a Chapter 13 bankruptcy, the debt is dischargeable. 11. According to the Intersection of Divorce and Bankruptcy, PBI Publication No. 2007-5119, page 189: Chapter 7 and 11 debtors, moreover, can no longer discharge obligations to a spouse, former spouse or child of the debtor which the debtor incurred in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with Sate or territorial law by a governmental unit. 11 U.S.C. §§ 523(a)(15), 717(b), 1141(d)(2). However, the new act arguably still allows Chapter 13 debtors to discharge equitable distribution claims against the debtor as opposed to obligations `in the nature of alimony, maintenance or support.' 12. It would appear from above that Wife could file a Chapter 7 or 11 and her obligation to Husband under the PSSA, although stayed during the pendancy of the bankruptcy, would survive. 13. According to the Intersection of Divorce and Bankruptcy, PBI Publication No. 2007-5119, pages 189-190, the potential adverse effects to the creditor-spouse, and therefore to Husband in the instant case, are severe: If a Chapter 13 debtor successfully completes a confirmed 13 plan which provides for the discharge of such equitable distribution claims, some bankruptcy judges may determine that the Chapter 13 discharge in fact discharges the Chapter 13 debtor from the equitable distribution claims. The chapter 13 discharge is a permanent injunction which prohibits creditors whose debts have been discharged from taking any action against the debtor to collect the discharged debt. 14. If Wife files a Chapter 13 bankruptcy and successfully discharges her obligation to Husband under the parties' PSSA, Wife could obtain a substantial windfall and Husband would receive nothing as equitable distribution of the marital estate. 15. Additionally, if Wife files a Chapter 13 bankruptcy, Husband will be forced to incur significant additional attorney's fees to protect his interest and will have to object to the plan, as well as file fraud and bad faith actions in the bankruptcy court. 16. Moreover, although Paragraph 18 of the parties' PSSA states that "the provisions of this Agreement shall not be dischargeable in Bankruptcy and [the parties] expressly agree to reaffirm any and all obligations contained herein", it was the undersigned's understanding after speaking with Attorney Eshelman that Wife planned to file a Chapter 13 bankruptcy, list Husband as a creditor, and subsequently discharge her obligation to Husband. 17. Paragraph 18 of the parties' PSSA also states the following: In the event that a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. 18. Pursuant to Paragraph 18 of the PSSA, if Wife files for bankruptcy and successfully discharges her obligation to Husband, Husband can ask that the PSSA be declared null and void; however, according to the PBI Publication as quoted above, "the chapter 13 discharge is a permanent injunction which prohibits creditors whose debts have been discharged from taking any action against the debtor to collect the discharged debt" and therefore, whether Husband would be able to obtain said relief is questionable, at best. 19. According to 23 Pa.C.S.A. §3323(f), "in all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 20. According to 23 Pa.C.S.A. §3323(f), therefore, this Court has the equitable power to protect Husband's interest by granting the requested relief, below. 21. Pursuant to Paragraph 18 of the parties' PSSA: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor- spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. 22. Pursuant to the pertinent section of Paragraph 18 of the PSSA, as cited above, so long as she remains obligated to Husband under the PSSA, upon filing for bankruptcy/financial reorganization, Wife will assign any exempt property, specifically, the equity in the former marital residence, to Husband. 23. Paragraph 18 of the parties PSSA also further states, "no obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to asset that any obligation hereunder is discharged or dischargeable." 24. The potential attorney's fees to Husband to enforce these provisions in a conflict of laws proceeding in the bankruptcy and state courts, are monumental. 25. Pursuant to 23 Pa.C.S.A. §3502(b), "the court may impose a lien or charge upon property of a party as security for payment of alimony or any other award for the other party." 26. 23 Pa.C.S.A §3502(e)(1-9) is also instructive as to the Court's equitable powers in these types of situations: If, at any time, a party has failed to comply with an order of equitable distribution, as provided for in this chapter or with the terms of an agreement as entered into between the parties, after hearing, the court may, in addition to any other remedy available under this part, in order to effect compliance with its order: (1) enter judgment; (2) authorize the taking and seizure of the good and chattels and collection of the rents and profits or the real and personal, tangible and intangible property of the party; (3) award interest on unpaid installments; (4) order and direct the transfer or sale of any property required in order to comply with the court's order; (5) require security to insure future payments in compliance with the court's order; (6) issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order, it may deem the person in civil contempt of court and, in its discretion, make an appropriate order, including, but not limited to, commitment of the person to the county jail for a period not to exceed six months; (7) award counsel fees and costs; (8) attach wages; or (9) find the party in contempt. 27. Commencing April 1, 2008 (the date of breach of the PSSA) up to and including May 15, 2008, which does not include time for the last conference with the Honorable Kevin A. Hess, Husband had incurred costs and attorney's fees in the amount One Thousand Nine Hundred Two ($1,902.00) Dollars to enforce the PSSA. A copy of the attorney's fees time listing is attached hereto as Exhibit "B" and is incorporated herein by reference. 28. It is anticipated that Husband will incur additional attorney's fees in attempting to enforce the PSSA and in order to protect his interest under the PSSA in any bankruptcy proceeding that Wife may file. 29. The best way to protect Husband's interest and to minimize attorney's fees to Husband would be for this Honorable Court to enter judgment against Wife and for Husband in the amount of Twenty-Seven Thousand ($27,000.00) Dollars ($25,000 being the original amount of the obligation under the PSSA and an additional $2,000 for additional attorney's fees and interest), which judgment would be filed against the former marital residence, located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania. 30. The provisions of the Parties' PSSA as well as the equitable powers bestowed upon the Court via the cited statutes, above, permit the Court to grant the requested relief, below. WHEREFORE, Husband respectfully requests this Honorable Court find Wife in contempt of court for failure to abide by the provisions set forth in the PSSA, dated March 7, 2008. Husband further requests that this Honorable Court award him Two Thousand ($2,000.00) Dollars in attorney's fees and interest on his equitable distributions payments as due and payable under the PSSA. Husband further requests this Honorable Court enter judgment against Wife and in favor of Husband in the amount of Twenty- Seven Thousand ($27,000.00) Dollars ($25,000.00 for the obligation under the PSSA and $2,000.00 for additional attorney's fees and interest). Husband further requests that this Honorable Court file the judgment of record and record same against the former marital residence, located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: A?J 20,2b& By: d y Gin t M clay, Esquire ViDreme Cou I.D. . #87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant/Petitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. *L*di kcaclay, Esqu e Sworn to and subscn' ed before me this day of , 2008. r Notary Public COi1?I0NWEALTH OF PENNMVAMA NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Township, Dauphin County My commission expires November 15, 2011 CERTIFICATE OF SERVICE AND NOW, this Z Qom' day of _ Moy 2008, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the Amended Petition to Enforce Property Settlement and Separation Agreement and Attorney Fees, by mailing same by first class mail, postage prepaid, addressed as follows: David R. Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-2936 (Civil Term) V. CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) ORDER AND NOW, this day of , 2008, upon consideration of the attached Petition to Enforce Property Settlement and Separation Agreement, IT IS HEREBY ORDERED AND DECREED that a conference/hearing concerning the Petition shall be held on the day of , 2008, at o'clock .m. in Courtroom No. , of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: Distribution: Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant/Petitioner David R Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013, Attorney for Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND. COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-2936 (Civil Term) V. CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) ORDER AND NOW, this day of , 2008, upon consideration of the attached Petition to Enforce Property Settlement and Separation Agreement, IT IS HEREBY ORDERED AND DECREED that Plaintiff/Respondent shall immediately pay Defendant/Petitioner $833.34, representing equitable distribution payments for the months of April and May of 2008, in satisfaction of the provisions set forth in Paragraph Thirteen (13) of the Property Settlement and Separation Agreement ("PSSA") entered into by the Parties on March 7, 2008. Further Plaintiff/Respondent shall timely make all future payments as set forth in the parties' PSSA. IT IS FURTHER ORDERED AND DECREED that Plaintiff/Respondent shall pay to Defendant/Petitioner any and all costs, expenses, and reasonable attorney fees expended to enforce the provisions of the parties' March 7, 2008 PSSA. BY THE COURT: Kevin A. Hess, J. Distribution: Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant/Petitioner David R Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013, Attorney for PlainiifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent V. BARRY L. BROOKHART, Defendant/Petitioner No. 2002-2936 (Civil Term)`. CIVIL ACTION - LAW (In Divorce) -77 C] l._J PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT AND FOR ATTORNEY'S FEES AND NOW, this 3P day of , jgyj ? , 2008, comes Defendant/Petitioner, Barry L. Brookhart, by and through his attorneys, Lindsay Gingrich Maclay, Esquire, of the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and avers as follows: 1. Barry L. Brookhart, an adult individual who resides at 4716 Goodman Road, Roanoke, Virginia, is the Defendant/Petitioner in the above-captioned matter (hereinafter referred to as "Husband") 2. Cathy A. Brookhart, an adult individual who resides at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff/Respondent in the above- captioned-natter-(-her4inaft4r-rde-r-red e as `Wife")---- -- ---- 3. The Parties were married on April 25, 1988 in Perry County, Pennsylvania. 4. The Parties have lived separate and apart since on or about April 1, 2002. 5. The Parties' division of all marital property and debts occurred through a -t, .L Property Settlement and Separation Agreement executed by the Parties on March 7, 2008 (hereinafter referred to as "PSSA"). A copy of said agreement is attached hereto and incorporated by reference as Exhibit "A". 6. A Stipulation and Agreement which incorporated the PSSA was read into the Record and acknowledged by the Parties during the Master's Hearing on March 7, 2008 (hereinafter referred to as "Record Stipulation"). A copy of said Record Stipulation is attached hereto and incorporated by reference as Exhibit "B". 7. The provisions of Paragraph Thirteen (13) of the PSSA, regarding the cash payment is as follows: In exchange for Husband waiving his right, title, and interest in and to various marital assets in this Agreement, Wife shall pay to Husband, a total amount of Twenty-Five Thousand ($25,000) Dollars. Said payment is representative of Fifteen Thousand ($15,000) Dollars for equitable distribution of Ten Thousand ($10,000) Dollars in attorney's fees. This payment is meant to be equitable distribution and is therefore, not intended by either party to be a taxable event. These payments shall be made by Wife to Husband on a monthly basis in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before the first of each month and continuing for a term of Sixty (60) months. Wife's first monthly payment in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars shall be made to Husband on or before April 1, 2008. Wife shall make all check payable to Daley Zucker Meilton Miner & Gingrich, attorneys for Barry L. Brookhart, and said checks shall be sent to 1029 Scenery Drive, Harrisburg, PA, 17109, by Wife. - ___8--_-Pur-suant to--P-arag-r-apl TThir-teen--(-1-3)--o#' the--PSSt Husband, -through-- ---- - Counsel, was to receive, on or before April 1, 2008, his first monthly payment of Four Hundred Sixteen Dollars and 67/100 ($416.67) Dollars. 9. Since the parties executed their PSSA, neither Husband nor Counsel for Husband have received a monthly payment from Wife of Four Hundred Sixteen Dollars and 67/100 ($416.67) Dollars. 10. Counsel for Husband has had multiple conversations with Counsel for Wife regarding non-payment. 11. On or about April 2, 2008, Counsel for Husband sent a letter to Counsel for Wife requesting Wife's April 2008 payment be made immediately to avoid the necessity of filing this petition. A copy of the April 2, 2008 letter to Attorney David Yoder is attached hereto as Exhibit "C" and is incorporated herein by reference. 12. As of the date of this filing, no payments have been received from Wife by Husband or Counsel for Husband. 13. The provisions of Paragraph Twenty-Seven (27) of the PSSA provide as follows: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Under Paragraph Twenty-Seven (27) of the PSSA, Wife should compensate _Husband_ for-all-filing-fees, co,-?t-s,- -uses, -and--attarney!s--fees-p-ai"----- enforce the provisions of the March 7, 2008 PSSA. 15. Pursuant to Sections 3105(a) and 3502(e) of the divorce Code, Wife should be found in contempt of court for failure to abide by the provisions of Paragraph Thirteen (13) of the Parties' March 7, 2009 PSSA. 16. Husband also seeks reimbursement of costs and attorney's fees from Wife, pursuant to the authority found at 3502(e)(7), for fees incurred by Husband in enforcing the provisions of the PSSA. WHEREFORE, Husband respectfully requests this Honorable Court find Wife in contempt of court for failure to abide by the provisions set forth in the PSSA, dated March 7, 2008. Husband further requests this Honorable Court order Wife to immediately pay Husband Eight Hundred Thirty-Three and 34/100 ($833.34) Dollars representing the equitable distribution for the months of April and May 2008, in satisfaction of the provisions set forth in Paragraph Thirteen (13) of the Property Settlement and Separation Agreement entered into by the Parties on March 7, 2008. Husband further requests that this Honorable Court order Wife to immediately reimburse Husband for all fees and costs, including attorney's fees, incurred as a result of Wife's breach of the PSSA and Record Stipulation. Respectfully submitted, DALEY ZUCKER MEIL.TON MINER & GINGRICH, LLC Date- By: L' day Gin iJ& aclay, E quire upreme Court I.D. 487954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant/Petitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this day Notary Public COMMONWEALTS OF PENNSYLVANIA NOTARIAL SEAL Glaria M Rine, Notary Public Lower Paxton Township, Dauphin County My commission expires November 15, 2011 VERIFICATION I, Barry L. Brookhart, Defendant/Petitioner, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: A/- ;L S a ---?" Barry . Brookhart, Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, this 30fn day of 2008, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the Petition to Enforce Property Settlement and Separation Agreement and Attorney Fees, by mailing same by first class mail, postage prepaid, addressed as follows: David R Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 DALEY ZUCKER MEu-TON MINER & GINGRICF, LLC A'MdA P. (WW,4( Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Exhibit "A" Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay(a)dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff No. 2002-2936 (Civil Term) V. CIVIL ACTION _ LAW BARRY L. BROOIG ART, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this ?Oday of W , 2008, BY and BETWEEN Cathy A. Brookhart of 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D Barry L. Brookhart of 4716 Goodman Road, Roanok, Roanoke County, Virginia, hereinafter referred to as Husband. RECITALS R.1: The Parties hereto were Husband and Wife, having been joined in marriage on April 25, 1988 in Perry County, Pennsylvania; and R.2: Differences have arisen between the Parties, in consequence of which the parties have lived separate and apart since on or about April 1, 2002; and R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Wife filed a Complaint in Divorce in Cumberland County on April 15, 2002 to the above-referenced term and number; and R.6: It is the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: The Parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.8: The Parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of -- - -their- marriage relationship-including -but not limited-toy-all-matters between there-relating------- - to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and 2 R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Wife has been independently represented by David R. Yoder, Esquire; and R.10: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.11: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that both parties have filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other parry in an asset of any nature at any time prior to the date of execution of this -___Agreement_that _was not disclased_to the- other party-or his_or_her_counsel-prior-to -the-date------- -- - of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Further, the non-disclosing parry shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 3 Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: (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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither Party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either Party. Each Party shall be free of the interference, authority or contact by the other as if he or she_was single and unmarried. except. as maybe necessary. to carry out the terms of this Agreement and/or the terms of any Custody Agreement or Order. (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize the Divorce. Said Affidavits and Waivers, along with any and all 4 additional documents necessary to finalize the Divorce, will be filed in the Cumberland County Prothonotary's Office as soon as administratively feasible. If either Parry fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the other party may receive counsel fees and sanctions. Said breach does not entitle either party to seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the agreement as void for failure to execute the Consent and Waiver. (3) REAL PROPERTY: Wife, individually, is the owner of certain real property located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). Any and all encumbrances on the Marital Residence are solely in Wife's name. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the Marital Residence, including, but not limited to, mortgage payments, loan payments, all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs,--executors and administrators- indemnified- and_held __________ harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership of the Marital Residence. 5 (4) DEBT: A. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on April 1, 2002 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. B. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on April 1, 2002 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. C. OUTSTANDING JOINT DEBTS: In the event that either party contracted or incurred any debts since the date of separation on April 1, 2002, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. D.- UNDISCLOSED DEBTS_. - -_ An y- liability- -not -disclosed -_ in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (5) MOTOR VEHICLES: The parties acknowledge that Wife owns a 1995 Dodge 3500 Pickup. Husband hereby relinquishes any right, title or interest he may have in and to the 1995 Dodge Pickup currently in Wife's possession. Wife shall acquire and maintain separate insurance on the 1995 Dodge currently in her possession. Wife shall hold harmless and indemnify Husband from any loss thereon. Wife specifically agrees to assume full responsibility and pay in due course, any encumbrance on the 1995 Dodge currently in her possession. The parties acknowledge that Husband owns a 1992 Dodge 250 Pickup. Wife hereby relinquishes any right, title or interest she may have in and to the 1992 Dodge 250 Pickup currently in Husband's possession. Husband shall acquire and maintain separate insurance on the 1992 Dodge Pickup currently in his possession. Husband shall hold harmless and indemnify Wife from any loss thereon. Husband specifically agrees to assume full responsibility and pay in due course, any encumbrance on the Sienna currently in his possession. To the extent that either of the vehicles are titled or encumbered jointly, the parties shall immediately execute any and all documents necessary to individually title the vehicles with the Commonwealth of Pennsylvania. -Moreover, to the extent that either vehicle in the possession of the parties is encumbered jointly, the parties hereto will refinance said loan solely into their names within ninety (90) days of the execution of this Agreement. 7 (6) BUSINESS INTERESTS: Husband and Wife hereby waive one unto the other any right, title and/or interest that he/she may have in and to each other's business's, J.B. Escort Service and Brookhart Trucking Escort Service respectively, specifically including, but not limited to any equipment, inventory and/or business accounts. Each Party hereby acknowledges that each will sign any necessary documents in order to transfer any legal interest that each may have in the aforesaid business entities, v including, but not limited to, stock certificates, shareholders agreements, powers of attorney, and/or tax returns. From the date of execution of this Agreement, each party shall retain all right, title and/or interest in and to the aforesaid business entity as his/her sole and exclusive property. In the event that either fails to sign any necessary document within ten (10) days of any written request for him to do so, either party may apply to a court of competent jurisdiction, which shall be empowered to sign any such document necessary to transfer title to the other and, further, each shall be responsible to pay unto the other any expenses, including but not limited to attorneys fees and costs incurred as a result of either parties' failure to sign the necessary documents leading to the necessity of legal proceedings. ------ - - - party - any ann Each. shall l be responsible for an_d all liabilities associated with th their business, regardless of when said liabilities were incurred. Each shall indemnify and hold the other harmless with regard to all such liabilities associated with their respective business entity. (7) TANGIBLE PERSONAL PROPERTY: The parties hereto acknowledge and agree that they have reached a satisfactory division of the furniture, household furnishings, appliances, tools, guns and other household personal property 8 between them. Each party shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (8) INTANGIBLE PERSONAL PROPERTY: Each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans, 403 (b) plans and the like. (9) LIFE INSURANCE: To the extent that either of the Parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either Party from designating beneficiaries under or encumbering their respective life insurance policies. (10) AFTER-ACQUIRED PROPERTY: Each of the Parties _ shall_ hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 9 (1 1) WAIVER OF ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimonypendente lite. (12) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (13) CASH PAYMENT: In exchange for Husband waiving his right, title and interest in and to various marital assets in this Agreement, Wife shall pay to Husband, a total amount of Twenty-Five Thousand ($25,000.00) Dollars. Said payment is representative of Fifteen Thousand ($15,000) Dollars for equitable distribution of Ten Thousand ($10,000) Dollars in attorney's fees. This payment is meant to be equitable distribution and is therefore, not intended by either party to be a taxable event. These payments shall be made by Wife to Husband on a monthly basis in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before the first of each month and continuing for a term of Sixty (60) months. Wife's first monthly payment in the amount of Four Hundred Sixteen and _67_/100 .($416.67) Dollars shall be made to Husband on or before April 1, 2008. Wife shall make all checks payable to Daley Zucker Meilton Miner & Gingrich, attorney for Barry L. Brookhart, and said checks shall be sent to 1029 Scenery Drive, Harrisburg, PA, 17109, by Wife. (14) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with regard to the rights of each 10 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. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (15) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Wife has been independently represented by David R. Yoder. Each Party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each 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 as each has sought from counsel, and the execution of this Agreement is not the result of any duress _ or undue influence,_ and that it is not the result of any improper or illegal _agreement or agreements. (16) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 11 (17) INCOME TAX: The Parties hereby acknowledge that they plan to file separate federal, state, and local income tax returns for the tax year of 2007 and all ongoing years. The Parties hereto agree that Wife shall be entitled to take any of the mortgage interest, real estate taxes and any other deductible expenses paid for 2007 on the Marital Residence for purposes of claiming said deduction on her tax return. Should the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by the Parties during the course of their marriage, the Parties hereto agree to equally divide any such tax liability and/or tax return. (18) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. In the event that- either party becomes- a debtor- in any bankruptcy or financial re- _ _ _ _. _ _ organization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in 12 all of the debtor's exempt property sufficient to meet all obligations to the creditor- spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. (19) COMPLETE DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that both parties have filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discov_ers_ such and undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs of expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 13 (20) WAIVER OF APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of all assets, including, but not limited to the real estate, the personal property, the vehicles, and 401K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. However, to the extent that the Parties have determined that they will not undertake the expense to have other items appraised and/or valued, they agree that the division of property as set forth in this Agreement, represents a fair and equitable distribution. (21) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (22) FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente -lite,_alimony_, equitable distribution, counsel fees costs expenses and any other right or obligation, economic or otherwise, arising out of the marital relationship, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of 14 any provision thereof. Neither Parry shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either Parry may have or claim to have, and except for the obligations of the Parties contained in this Agreement and such rights as are expressly reserved herein, each Party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Party ever had or now has against the other specifically arising from the marital relationship. (23) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each Party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the Parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a Divorce Decree are intended to defeat the right of either Party to receive any insurance proceeds at the 15 death of the other of which she or he is the named beneficiary (whether the beneficiary . designation was made prior or subsequent to execution hereof), nor to defeat the right of either Party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (24) SEPARABILITY OF PROVISIONS: 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. (25) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (26) INCORPORATION INTO DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the - provisions of this Agreement may be incorporated by reference or in substance but they - -- shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. 16 (27) BREACH: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Parry. In the event of breach, the other Party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (28) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (29) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. (30) PRESERVATION OF RECORDS: Each Party will keep and preserve - -- - - - -- -- - - for - period of four (4) -years -from the- date of their. Divorce Decree all financial records relating to the marital estate, and each Party will allow the other Party reasonable access to those records in the event of tax audits. (31) WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17 (32) NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. (33) HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. (34) EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall also continue in full force and ---- - - -effect in the event-of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement, or any term herein, to be null and void. 18 IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: der David R.Yoder, quire Attorney for Plaintiff C n in ch Mac e Attorney for Defendant / i Ax 4 , Jj I Z' 4413 c k /' Cathy A. B o art, Plaintiff arr L. Brookhart, Defendant 19 Exhibit "B" CATHY A. BROOKHART, -IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 2936 CIVIL BARRY L. BROOKHART, Defendant IN DIVORCE THE MASTER: Today is Friday, March 7, 2008. This is the date set for a conference with counsel and the parties. Both parties are present; Cathy A. Brookhart is represented by David R. Yoder, and the Defendant, Barry L. Brookhart, is represented by Lindsay Gingrich Maclay. The action was commenced by the filing of a complaint in divorce on April 15, 2002. The grounds raised in the complaint were irretrievable breakdown of the marriage. The parties have provided the Master today with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties. The affidavits and waivers will be filed by the Master's office with thePro_thonot_ary_; the_divorce _ can,___therefore, _ conclude, under Section 3301(c) of the Domestic Relations Code. On May 17, 2006, a petition for economic relief was filed on behalf.of the wife raising claims for equitable distribution, counsel fees costs and expenses. No claim has been raised by either party for alimony. The Master has been advised that after considerable negotiations, the parties are going to place a 1 stipulation and agreement on the record. The stipulation and agreement as placed on the record will refer to an agreement which is going to be marked Joint Exhibit "A" which has been reviewed by both parties and signed and which will be made part of the total comprehensive agreement in the case. The stipulation and agreement that we are going to place on the record essentially is an addendum to the agreement that has been previously signed and attached as a joint exhibit. Upon receipt by the Master of a completed agreement and stipulation, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Yoder. MR. YODER: The parties to this action being Cathy A. Brookhart and Barry L. Brookhart have reached a stipulation and agreement on all matters relating to equitable distribution, counsel fees and costs as memorialized in Joint Exhibit "A". In addition to the provisions in joint Exhibit "A", which are incorporated and made part of the stipulation as well, the parties have reached an agreement on the following items: Barry L. Brookhart and his counsel agree to assist and cooperate in any reasonable manner with any suit or other action filed to recover costs and damages from wife's prior counsel, Marcus A. McKnight, III, Esquire. The 2 Plaintiff and wife in this case agrees to bear any costs associated with such cooperation. In the event of a favorable award in such suit or in the case of an unusual financial windfall, wife agrees to accelerate or pay in full the payments under the provisions of Joint Exhibit "A". Should a defense be raised in the aforementioned suit against Marcus A. McKnight, III, Esquire and his firm, that a full litigation of this matter would have resulted in a more favorable outcome to wife than that contained within this stipulation and agreement, the parties agree that.the Master may then hear the case in full with wife bearing the costs of husband's attorney fees for all such subsequent proceedings. Both parties agree that the Master may exercise jurisdiction for this contingency and for this contingency only. MS. GINGRICH MACLAY: Barry, you were here today? You have been privy to discussions and negotiations for purposes of trying to bring this case to resolution and you've been fully involved in those discussions and we have talked about the benefits and detriments of settling versus litigating and you are comfortable? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And comfortable? MR. BROOKHART: Yes. 3 MS. GINGRICH MACLAY: And you understand the terms that we have reached with regard to resolution of this matter? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And you are entering into those terms freely and voluntarily without any coercion? MR. BROOKHART: Nobody has twisted my arm? MR. YODER: Cathy, I know this is emotional for you. If at any point you feel uncomfortable, I want you to tell the Master, on the record here, that you do feel uncomfortable with it. MS. BROOKHART: Yes, sir. MR. YODER: Now, you and I have had an opportunity to discuss this case in quite some detail over the past several weeks, correct? MS. BROOKHART: Yes, sir. MR. YODER: And we have talked about the options that are available to you in this case? MS. BROOKHART: Yes, sir. MR. YODER: And I have outlined for you the provisions contained within the stipulation that we are entering into today? MS. BROOKHART: Yes. MR. YODER: And do you understood what those 4 provisions contain? MS. BROOKHART: Yes, sir MR. YODER: Are you willing to enter into this agreement based on your knowledge of what your options are? MS. BROOKHART: Yes. MR. YODER: And you are doing this without coercion from outside influences or other persons? MS. BROOKHART: Yes. MR. YODER: Is it your conclusion that based on what you know this stipulation is your best option at the present time? MS. BROOKHART: At the present time, yes. THE MASTER: All right. Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating 5 myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 0, 7 -zoo David R. Yod Cathy A. Brookhart Attorney fo Plaintiff jtLrf0daXsay g is Maclay Bar y L. Brookhart rne for Defendant 6 Exhibit "C" April 2, 2008 VIA FACSBULE (717/258-6718) & U.S. MAIL David R. Yoder, Esquire PO Box 215 Carlisle, PA 17013 Re: Brookhart v. Brookhart (In Divorce) Docket No. 02-2936 (Cumberland County) PATRICIA CAREY ZUCKER SANDRA L. MEILTON Dear Dave: STEVEN P. MINER KATHLEEN MISTURAK-GINGRICH I am writing as a follow-up to my recent voicemail messages left for you regarding LINDSAY GINGRICH MALAY the above-referenced matter. Please be advised that my office has not received a QUINTINA M. LAUDERMILCH check from your client for the month of April, 2008. Pursuant to Paragraph 13 of the parties' March 7, 2008 Stipulation and Agreement, incorporating the March 7, PATRICIA A. PATTON 2008 Property Settlement and Separation Agreement, your client was to commence OFFICE ADMINISTRATOR monthly payments to my client of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before May 1, 2008. These payments were to be made payable to Daley Zucker Meilton Miner & Gingrich,. LLC, and were to be sent to 1029 Scenery Drive, Harrisburg, Pennsylvania 17109. Kindly have your client remit her monthly payment immediately or we will proceed to file all necessary paperwork with the Court and in which we will be seeking additional attorney's fees. REPLY TO: EAST SHORE OFFICE: 1029 SCENERY DRIVE HARRISBURG, PA 17109 717-657-4795 717-657-4996 FAX WEST SHORE OFFICE: 1035 MUMMA ROAD SUITE 101 WORMLEYSBURG, PA 17043 717-724-9821 717-724-9826 FAX Additionally, as a follow-up of my March 12,.2008 letter to you, I am writing to inquire as to the status of the finalization of the Divorce in this matter. As indicated in my March 12, 2008 letter to you, it was my understanding you would be filing the Praecipe to Transmit tie record,- along with the -divorce -information - - - -- - sheet and Divorce Decrees. Kindly provide me with a certified copy of the Divorce Decree in the above-referenced matter. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC A Pennsvlvania CertiRied Woman Business Enterprise David R. Yoder, Esquire April 2, 2008 Page Two Thank you in advance for you anticipated prompt attention to this matter. I look forward to prompt receipt of your client's payment to my client, as well as to receipt of a certified copy of the final Decree in Divorce. Very truly yours, DALEY ZUCKER WILTON MINER & GINGRICH, LLC ?Llid y t.in.2 Maclay, Esquire LGM/ CC.' Mr. Barry Brookhart Exhibit "B" 0 0 0 tfi?uj, 60 ?A 4 d r 'oto*ft U Q co Ffi `? N G d 1'? w N U ? o V N L m 0 0 u, -0 m U N a d C6 E ?L ? T O L G Z d •O d cm Q O ° 07 co co G O N 3 N ;6 d ° E E U_ ?p "? d N N °'" Q` L r L co d _y U ? 7- c w n 4 00 d d '? N02 G U c Z E_ U 3 N N O G Z o N JOE o Q Cd U N U _ N ? y M 0,:J 3 N U E F- L m ° L 'n' O (y6 m E N N U N Q) 0 d4 ° co W N N J N 2 co` L r G U 'r G Q r N in T 9 c V N 3° O L IJ N N G c6 a V G Q (Y O G d ro j C6 cn p U G m 0 G = G N •o C O O O y rc O O ?7 V E. .O t,- Q V G O G d d N y Q O N O 0 o) 0) LU L O "o o L p d C N G ?+ ro N T U) (J) d 0 o C L G L L i y G W Q 0 6) d G o¢i6 '?`tio i 0p m cp 4 3?0 -0yc S eta mO. 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N N N N N 0 4 N ° r 0 r May 16/2008 ?0, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Page: 1 Time Listing Mar 1/2008 To May 16/2008 Lvyr Lawyer Date Natter Client Entry A Natter Description Lap Type Task Zxplanatioa Hours Rate Total LGM Lindsay Maclay Mar 3/2008 Brookhart--B Brookhart, Barry 19413 Divorce Client No. 06-014 Matter No. 001 misc No Hold BW Telephone call with client re: upcoming settlement 0.20 175.00 35.00 conference left message for Attorney Yoder re: same ter No,,, mist, old T e call w.#h 34vb6 Yoder, re: Erid'4y's conference; 0.40 175.00 ?O.Op 'telephone call with client re: same LGH Lindsay Maclay Mar 7/2008 Brookhart--B Brookhart, Barry 19447 Divorce Client No. 06-014 Matter No. 001 misc No Hold BW Meeting with client re: preparation; travel to and from and 5.00 175.00 875.00 attendance at Pre-Hearing Conference A l _ s /2J00 B ' Z' 4 r tasr,No. QOl j . misc 0.50 1.QCt' 6,:5f?? LGM Lindsay Maclay Mar 12/2008 Brookhart--B Brookhart, Barry 19470 Divorce Client No. 06-014 Matter No. 001 misc No Bold BW Received Order Vacating Appointment of Master; drafted letter 0.70 175.00 122.50 to Attorney Yoder re: finalization of Divorce; drafted letter to client enclosing Order and letter to Attorney Yoder LGM Lida a :. Apr 1/¢$ -ra4tt, wr'y, 2223f1 "' Dijbr A Client No O6°D14 Matter #to. 001 misc ( 9sa .. a fig ta ' }Yom 4fi/A6 a t., no .HW y!n {) 1R 1 ?S..t 1.50' LGM Lindsay Maelay Apr 2/2008 Brookhart--B Brookhart, Barry 22233 Divorce Client No. 06-014 Matter No. 001 misc No Hold BW Left message for Attorney Yoder re: finalization of Divorce 0.80 175.00 140.00 and payment from Cathy; drafted, sent and faxed letter to Attorney Yoder re: same; telephone call with Attorney Yoder re: same ?9rte; 4 r CS '?bnlr'No, S?5 6?.4 ?at?eir ?. 04'1 misc , . - -?a A?1 sa t f At 6s0eqrft pa,*ent4rom"`tithj (ntb b.1O+?` 1??.0$ 0.?0 1 LGM Lindsay Maclay Apr 11/2008 Brookhart--B Brookhart, Barry 22294 Divorce Client No. 06-014 Matter No. 001 misc No Hold BW Left message for Attorney Yoder re: status of payment from 0.10 175.00 0.00 his client and finalization of divorce (no charge) 221$ !?'` a p#.r ?i' e -Cli. N? D6c??. ,? £Y !To pBlt :., k e rras@fi ? ? v k t f C ;0,:34 .? ?Il- _t0.' S .513.. t i we e? Af" .e t 3p ; t}+?1i4 7,4 ietarn, 3 r€?t ?r LGM Lind say Maclay Apr 17/2006 Brookhart--B Brookhart, Barry 22344 Divorce Client No. 06-014 Matter No. 001 misc No Hold BW Telephone call with Attorney Yoder re: payments from Cathy 0.20 175.00 ?5.00 .. UM ti 'A >3 frce? =4^aie? Nn, _p6 a ?agtt, 4 NG, 001, mist k* Le,4,;,me?age f-ft At [?es? 1 odor (:sYY rhea) LGM Lindsay Maclay 0 x•00 0.00` Apr 24/2008 Brookhart--B Brookhart, Barry 22656 Divorce Client No. 06-014 Matter No. 001 misc No Hold BW Telephone call with Attorney Yoder re: status of conversation 0.20 175.00 35.00 with Attorney Eshelman and status of Divorce finalization Lam L"d 40cl* ^5/Z1108;? ? ? 6 .z m lie0 N 6b-0 arn v# F?,0cer No 001 misc. onEu ? ae c,%,00 rl. ° SLVa0 S.Ot C48,.OV re "t AMS Amanda M. Shull Apr 25/2008 Brookhart--B Brookhart, Barry 23116 Divorce Client No. 06-014 Matter No. 001 misc No Hold Bw Draft Petition to Enforce Marital Settlement Agreement 1.20 125.00 150.00 2?e0 q ? 3 "tT B? ?`"r 225 a4 ht 06-01A Mprtter go. O91 mi Ato : "for- .0 0, are. atu9y?, m ge ' ?? ? AtkCts_ ? 1*? ssL"d 1. r?g,eeal@Eh AMS Amanda M. Shull Apr 28/2008 Brookhart--8 Brookhart, Harry 23768 Divorce Client No. 06-014 Matter No. 001 misc No Hold Bw Revise Petition to Enforce Marital Settlement Agreement 0.50 125.00 62.50 L-64 L Apg912 1t$ $;w¢rt, Y May 16/2008 DALEY ZUCKER MEILTON MINER 6 GINGRICH, LLC Time Listing Page: 2 Lwyr Lawyer Mar 1/2008 To May 16/2008 Date Matter Client Entry N Matter Description Law Type Task Zxplanation B'46; '? ti "'p??'pr? ; ?'liab? Hours Rate Total d. a Ito .?a?'d eyak r+?Ch ?'a' °?t: er ??'• `?@1 m? , ?. Y. _ r,*f q co4aGtr.wi hid 0.? ?` } fS Yld 35, 00• site nio:*c4bii , of ih €£ld AMS Amanda M. Shull Apr 29/2008 Brookhart--B Brookhart, Barry 23000 Divorce Client No. 06-014 Matter No. 001 No Hold BW Telephone call re: Petition to Enforce Marital Settlement misc Agreement and Acceptance of Service 0.20 125.00 25.00 ZAA 4W 7 Jin H¢Td `t' h a? Z3n ?c0lz ter'Nq Ofl mLc 1 .,1 t' 3S' :?'o; ' rya ren{rYseiptcrca-o€rifbe and BetsoB?to o-4D r.vU ii; y _ 62 LGM Lin .50 dsay Macla May 5/2008 Brookhart--B Brookhart, Barry 24678 Divorce Client No. 06-014 Matter No. 001 No Hold BW Received Acceptance of Service; drafted letter to misc Lei Prothonotary enclosing same 0.50 175.00 87.50 L'1 1Wy Ax?It& ?p ?y,jrl, , flab n No, taf-V.14 tda?2er No- "I f ofC@I? r aC LGM Lindsay Maclay e? May 8/2008 Brookhart--B Brookhart, Barry 24681 Divorce Client No. 06-014 Matter No. 001 No Hold BW Telephone call with Attorney Yoder re: Cathy, bankru tc misc telephone call with Attorney Eshelman; telephone call with 1.10 175.00 192.50 Attorney Mott; telephone call with Attorney Gingrich W a 6' rM ,*t? No..001 i .baa t m LGM Lindsay Macy 3 QY of°,i7kt! spsSRtee3.0OY ?7SzQA May 9/2008 Brookhart--B Brookhart, Barry 24680 Divorce Client No. 06-014 Matter No. 001 No Hold BW Met with Attorney Miner re: bankruptcy and interplay with misc Marital Settlement Agreement; telephone calls with Robbie at 0.50 175.00 87.50 Judge Hess's Chambers re: hearing date ?ti?i 1 ra?;:r_ a ? , Di' 'c Cl N P6-'014 _ ' Matt,@r o 00. mitc e r, e *10 ly?RO i't58 y'29R?a0 ?i4q'Con+?gd '?Yr?oNr?jr 3,khkler?l,ch wi LGM Lindsay ?Macla?hO? fe ?lieht sS?t y .; May 13/2008 Brookhart--B Brookhart, Barry 24683 Divorce Client No. 06-014 Matter No. 001 No Hold BW Telephone call with Attorney Yoder re: conference/Order, misc bankruptcy, note; received Order scheduling conference; 0.50 175.00 87.50 drafted letter to client enclosing same A ns3s- reCiwrarge,.,gau„.d o " val f house Oak 00 SPM Steven P. Miner May 15/2008 Brookhart--B Brookhart, Barry 24662 Divorce Client No. 06-014 Matter No. 001 No Hold BW Conference with L Maclay re secured status in bankruptcy misc 0.20 250.00 50.00 *** Summary by Task Code *** Task Code BW - Billable Work ?y^? *** Billable *** ' Hours Amount Total Billable ? i ( 18.20 3015.00 Total: *** Summary by Working Lawyer **+ Working Lawyer Hours Amount SPM - Steven P. Miner LGM - Lindsay Maclay 0.50 125.00 AMS - Amanda M. Shull 14.60 2502.50 Total: 3.10 387.50 REPORT SELECTIONS - Time Listing Layout Template Default Advanced Search Filter None Requested by JMF Finished Friday, May 16, 2008 at 09:08:15 AM May 16/2008 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Page: 3 Time Listing Mar 1/2008 To May 16/2008 Lwyr Lawyer Date Natter Client Entry # Natter Description Law Type Task Explanation Hours Rate Total Ver 9.10d Date Range Mar 1/2008 To May 16/2008 Matters Brookhart--B Clients All Major Clients All Client Intro Lawyer All Matter Intro Lawyer All Responsible Lawyer All Type of Law All Select From Active, Inactive, Archived Matters Working Lawyer All Task All Summarize by Type of Law No Sorted by Order Entered Time/Fee Both Include Daily totals No Include Held Items only No Matter Security Enabled No Printed from Register "' G Gz:] .. _ .. ?=v ??' ,..1., { ?'} _ ^+-• ?' ?? ? k' . . .. ? `t ,, ?..i ...•?,.M i , ? r... _._.. ?. -^? lye ?k + A ? s ? %?t ?' ?: "'? '11AY 802006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, 1$3b Plaintiff/Respondent No. 2002-293fr (Civil Term) V. CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) RULE TO SHOW CAUSE AND NOW, this 2-/' day of ^!41 , 2008, upon consideration of the foregoing Amended Petition to Enforce Property Settlement and Separation Agreement and for Attorney's Fees, the Court grants a Rule to Show Cause why the Defendant/Petitioner is not entitled to the relief requested. Rule returnable within 7 days. lvzw :.wl?- . BY THE COURT: Kevin A. Hess, J. Distribution: /Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 cenery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant/Petitioner David R. Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013, Attorney for Plaintiff/Respondent l:o 'ES / 79 r Le-L I IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERLAND COUNTY Cathy A. BROOKHART, Civil Action- Law Plaintiff • aDOa-1830 V. Docket 2002-29 Civil Term Barry L. BROOKHART, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service by defendant on April 22, 2002. 3. (a)Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: By plaintiff March 7, 2008; by defendant [same] . OR (b)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: ; (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: OR r Date plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 9, 2008 Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the porthonotary: March 9, 2008 David R. Yoder, Counsel for the PI tiff Pa. Attorney I.D. #76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 ' ca ?7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Cathy A. Brookhart Plaintiff VERSUS Barry L. Brookhart Defendant No, 2002-1836 Civil Term DECREE IN DIVORCE AND NOW, I*V) 20, , 246d , IT IS ORDERED AND DECREED THAT Cathy A. Brookhart , PLAINTIFF, AND Barry L. Brookhart 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; NONE PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-1836 (Civil Term) V. CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) PETITION TO STAY THE RULE TO SHOW CAUSE AND REISSUE SAME AT A LATER DATE AND NOW, this day of TAA11t, 2008, comes Defendant/Petitioner, Barry L. Brookhart, by and through his attorneys, Lindsay Gingrich Maclay, Esquire, of the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and avers as follows: 1. Barry L. Brookhart, an adult individual who resides at 4716 Goodman Road, Roanoke, Virginia, is the Defendant/Petitioner in the above-captioned matter (hereinafter referred to as "Husband") 2. Cathy A. Brookhart, an adult individual who resides at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff/Respondent in the above- captioned matter (hereinafter referred to as "Wife"). 3. On Friday, March 7, 2008, the parties attended an Equitable Distribution Hearing with E. Robert Elicker, II, Esquire wherein they were able to reach an agreement regarding distribution of the marital property and marital debt. 4. During said Hearing, counsel for Wife advised that in order to make payment to Husband under the equitable distribution scheme proposed, Wife would have to file for bankruptcy to rid herself of some of her unsecured credit card debt. 5. On May 1, 2008 Husband filed a Petition to Enforce Property Settlement and Separation Agreement (hereinafter "PSSA") and for Attorney's fees due to non- payment by Wife of her obligations to Husband under said PSSA. A copy of said Petition is attached hereto as Exhibit "A" and is incorporated by reference as if set forth at length herein. 6. On May 8, 2008, during a telephone conversation with Attorney Matthew Eshelman (hereinafter "May 8th Telephone Call"), counsel for Husband was advised that Wife intended to file a Chapter 13 bankruptcy in which she planned to list Husband as a "Tier 1 unsecured `non-priority' claim" in her bankruptcy. When the undersigned inquired as to what that meant for her client, Attorney Eshelman advised, "the only way [Husband] gets paid is if Wife is successful in her suit against [her former counsel]." 7. On May 16, 2008, counsel for the parties attended an In-Chambers conference where counsel for Wife assured the Court and the undersigned that it was "never [his] client's intention to discharge her obligation to [Husband]." 8. On May 16, 2008, after the In-Chambers conference, counsel for Wife sent the Court a letter advising that he was to be out of town from May 19, 2008 through May 24, 2008 and requested that the Court make the Rule returnable on or after May 28, 2008. A copy of the May 16, 2008 letter from counsel for Wife is attached hereto as Exhibit "B" and is incorporated herein by reference. 9. On May 21, 2008, the Court issued a Rule to Show Cause in response to Husband's May 20, 2008 Amended Petition to Enforce PSSA which provided counsel for Wife, seven (7) days from the date of service, to provide a response as to why Husband's requested relief should not be granted. A Copy of the May 21, 2008 Rule to Show Cause and the May 20, 2008 Amended Petition to Enforce Property Settlement and Separation Agreement are attached hereto as Exhibit "C" and is incorporated herein by reference. 10. The seventh (7`h) day from date of service would have been May 29, 2008. 11. On May 28, 2008, counsel for Wife contacted the undersigned's assistant, in which counsel for Wife advised that he consulted with his client, had conducted some research, and that he would not be filing anything in response to the Rule and he would let the Court make the decision on the requested relief without any additional input from him. 12. On May 28, 2008, the undersigned received and e-mail and Notice from Attorney Eshelman, that Wife had filed a Chapter 13 Bankruptcy on that date at 5:36 p.m. Attorney Eshelman advised in his e-mail that the undersigned is stayed from proceeding with this matter until a final discharge or determination has been made in the bankruptcy proceeding. A copy of the May 28, 2008 Notice and e-mail received from Attorney Eshelman are attached hereto as Exhibit "D" and is incorporated herein by reference. WHEREFORE, Husband respectfully requests this Honorable Court generally continue this matter and that at the call of Husband, the Rule be re-issued after the stay has been lifted in Bankruptcy Court. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: J?at b 0 la By: aviay, L'a%juuv #87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant/Petitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Swo to and subscribed befo e e this 3 r day of , 2008. Pu PATR 6 i, PATTOH, N*0-" Public Lows Pardon Twp., Dauphin Cow* v C twat ion E=iW June 20, 20 0 CERTIFICATE OF SERVICE AND NOW, this +V) day of V)t , 2008, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the Amended Petition to Enforce Property Settlement and Separation Agreement and Attorney Fees, by mailing same by first class mail, postage prepaid, addressed as follows: David R. Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: AM AmandM-. . Shull, ParN' S fyA alegal 1029 Scenery Drive Harrisburg, Pennsylvania 171109 (717) 657-4795 E xhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent V. BARRY L. BROORHART, Defendant/Petitioner No. 2002-293 6 (Civil Term) CIVIL ACTION - LAW (In Divorce) ORDER AND NOW, this day of 2008, upon consideration of the attached Petition to Enforce Property Settlement and Separation Agreement, IT IS HEREBY ORDERED AND DECREED that a conference/hearing concerning the Petition shall be held on the day of , 2008, at o'clock .m. in Courtroom No. of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: Kevin A. Hess, J. Distribution: Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant/Petitioner David R. Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013, Attorney for Plainifff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-293 6 (Civil Term) V. : CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) ORDER AND NOW, this day of , 2008, upon consideration of the attached Petition to Enforce Property Settlement and Separation Agreement, IT IS HEREBY ORDERED AND DECREED that Plaintiff/Respondent shall immediately pay Defendant/Petitioner $833.34, representing equitable distribution payments for the months of April and May of 2008, in satisfaction of the provisions set forth in Paragraph Thirteen (13) of the Property Settlement and Separation Agreement ("PSSA') entered into by the Parties on March 7, 2008. Further Plaintiff/Respondent shall timely make all future payments as set forth in the parties' PSSA. IT IS FURTHER ORDERED AND DECREED that Plaintiff/Respondent shall pay to Defendant/Petitioner any and all costs, expenses, and reasonable attorney fees expended to enforce the provisions of the parties' March 7, 2008 PSSA. BY THE COURT: Kevin A. Hess, J. Distribution: Lindsay Chngdch Nlaclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant?Petitioner David R Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013, Attorney for PlainhjflRespondent I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ri CATHY A. BROOKHART, Plaintiff/Respondent V. No. 2002-293 6 (Civil Term?i ?. CIVIL ACTION - LAW ;. BARRY L. BROOK'HART, Defendant/Petitioner (In Divorce) N cza C:Q G7 t.0 0 -n ?T `ail r7 . T3 C; ? C? i7 0 f-3-1 PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT AND FOR ATTORNEY'S FEES AND NOW, this 300- day of AwM 2008, comes Defendant/Petitioner, Barry L. Brookhart, by and through his attorneys, Lindsay Gingrich Maclay, Esquire, of the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and avers as follows: 1. Barry L. Brookhart, an adult individual who resides at 4716 Goodman Road, Roanoke, Virginia, is the Defendant/Petitioner in the above-captioned matter (hereinafter referred to as "Husband") 2. Cathy A. Brookhart, an adult individual who resides at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff/Respondent in the above- captioned matter (hereinafter referred to as "Wife"). 3. The Parties were married on April 25, 1988 in Perry County, Pennsylvania. 4. The Parties have lived separate and apart since on or about April 1, 2002. 5. The Parties' division of all marital property and debts occurred through a Property Settlement and Separation Agreement executed by the Parties on March 7, 2008 (hereinafter referred to as "PSSA" ). A copy of said agreement is attached hereto and incorporated by reference as Exhibit "A". 6. A Stipulation and Agreement which incorporated the PSSA was read into the Record and acknowledged by the Parties during the Master's Hearing on March 7, 2008 (hereinafter referred to as "Record Stipulation"). A copy of said Record Stipulation is attached hereto and incorporated by reference as Exhibit "B". 7. The provisions of Paragraph Thirteen (13) of the PSSA, regarding the cash payment is as follows: in exchange for Husband waiving his right, title, and interest in and to various marital assets in this Agreement, Wife shall pay to Husband, a total amount of Twenty-Five Thousand ($25,000) Dollars. Said payment is representative of Fifteen Thousand ($15,000) Dollars for equitable distribution of Ten Thousand ($10,000) Dollars in attorney's fees. This payment is meant to be equitable distribution and is therefore, not intended by either party to be a taxable event. These payments shall be made by Wife to Husband on a monthly basis in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before the first of each month and continuing for a term of Sixty (60) months. Wife's first monthly payment in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars shall be made to Husband on or before April 1, 2008. Wife shall make all check payable to Daley Zucker Meilton Miner & Gingrich, attorneys for Barry L. Brookhart, and said checks shall be sent to 1029 Scenery Drive, Harrisburg, PA, 17109, by Wife. 8. Pursuant to Paragraph Thirteen (13) of the PSSA, Husband, through Counsel, was to receive, on or before April 1, 2008, his first monthly payment of Four Hundred Sixteen Dollars and 67/100 ($416.67) Dollars. 9. Since the parties executed their PSSA, neither Husband nor Counsel for Husband have received a monthly payment from Wife of Four Hundred Sixteen Dollars and 67/100 ($416.67) Dollars. 10. Counsel for Husband has had multiple conversations with Counsel for Wife regarding non-payment- 11. On or about April 2, 2008, Counsel for Husband sent a letter to Counsel for Wife requesting Wife's April 2008 payment be made immediately to avoid the necessity of filing this petition. A copy of the April 2, 2008 letter to Attorney David Yoder is attached hereto as Exhibit "C" and is incorporated herein by reference. 12. As of the date of this filing, no payments have been received from Wife by Husband or Counsel for Husband._ 13. The provisions of Paragraph Twenty-Seven (27) of the PSSA provide as follows: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Under Paragraph Twenty-Seven (27) of the PSSA, Wife should compensate Husband for all filing fees, costs, expenses, and attorney's fees paid to enforce the provisions of the March 7, 2008 PSSA. 15. Pursuant to Sections 3105(a) and 3502(e) of the divorce Code, Wife should be found in contempt of court for failure to abide by the provisions of Paragraph Thirteen (13) of the Parties' March 7, 2008 PSSA. 16. Husband also seeks reimbursement of costs and attorney's fees from Wife, pursuant to the authority found at 3502(e)(7), for fees incurred by Husband in enforcing the provisions of the PSSA. WHEREFORE, Husband respectfully requests this Honorable Court find Wife in contempt of court for failure to abide by the provisions set forth in the PSSA, dated March 7, 2008. Husband further requests this Honorable Court order Wife to immediately pay Husband Eight Hundred Thirty-Three and 34/100 ($833.34) Dollars representing _the equitable distribution for the months of April and May 2008, in satisfaction of the provisions set forth in Paragraph Thirteen (13) of the Property Settlement and Separation Agreement entered into by the Parties on March 7, 2008. Husband further requests that this Honorable Court order Wife to immediately reimburse Husband for all fees and costs, including attorney's fees, incurred as a result of Wife's breach of the PSSA and Record Stipulation. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: AVn 1 0! poi By: M ay Gin ' h aclay, E quire upreme Court I.D. #87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant/Petitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscred before me this day of A ;-2008. Notary Public wMMOr1wEAI.1s of P341MI MA NOTARIAL SEAL Gloria M Rind, Notary Public [MyommmssionewrmNovember ower Paxton Township, Dopbm Conroy 15, 2011 VERM-CATION I, Barry L. Brook art, DefendanOetitioner, verify that the statements made in this Petition are true and correct. I understand that false statements. herein are made subject to the penalties of 18 N.C.;. Section 4904, relating to unswarn falsification to authorities. Date-.----Y - Barry L. $rookhart, Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, this 30+h.. day of b 2008, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the Petition to Enforce Property Settlement and Separation Agreement and Attorney Fees, by mailing same by first class mail, postage prepaid, addressed as follows: David R Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Exhibit "A" Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay_@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff No. 2002-2936 (Civil Term) V. CIVIL ACTION : LAW BARRY L. BROOKHART, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this ?t*day of ` , . , 2008, BY and BETWEEN Cathy A. Brookhart of 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D Barry L. Brookhart; of 4716 Goodman Road, Roanok, Roanoke County, Virginia, hereinafter referred to as Husband. RECITALS R.l: The Parties hereto were Husband and Wife, having been joined in marriage on April 25, 1988 in Perry County, Pennsylvania; and R.2: Differences have arisen between the Parties, in consequence of which the parties have lived separate and apart since on or about April 1, 2002; and R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Wife filed a Complaint in Divorce in Cumberland County on April 15, 2002 to the above-referenced term and number; and R.6: It is the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: The Parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.$: The Parties desire to resolve all claims pending between them, including j the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and 2 R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Wife has been independently represented by David R. Yoder, Esquire; and R.10: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.11: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that both parties have filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution; pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Further, the non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other parry in seeking equitable distribution of said asset. 3 Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect: NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: (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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither Party;will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either Party. Each Party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement and/or the terms of any Custody Agreement or Order. (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize the Divorce. Said Affidavits and Waivers, along with any and all 4 additional documents necessary to finalize the Divorce, will be filed in the Cumberland County Prothonotary's Office as soon as administratively feasible. If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the other party may receive counsel fees and sanctions. Said breach does not entitle either party to seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the agreement as void for failure to execute the Consent and Waiver. (3) REAL PROPERTY: Wife, individually, is the owner of certain real property located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). Any and all encumbrances on the Marital Residence are solely in Wife's name. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the Marital Residence, including, but not limited to, mortgage payments, loan payments, all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership of the Marital Residence. 5 (4) DEBT: A. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on April 1, 2002 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. B. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on April 1, 2002 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability: C. OUTSTANDING JOINT DEBTS: In the event that either party contracted or incurred any debts since the date of separation on April 1, 2002, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. D. UNDISCLOSED DEBTS: Any liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and, each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6 (5) MOTOR VEHICLES: The parties acknowledge that Wife owns a 1995 Dodge 3500 Pickup. Husband hereby relinquishes any right, title or interest he may have in and to the 1995 Dodge Pickup currently in Wife's possession. Wife shall acquire and maintain separate insurance on the 1995 Dodge currently in her possession. Wife shall hold harmless and indemnify Husband from any loss thereon. Wife specifically agrees to assume full responsibility and pay in due course, any encumbrance on the 1995 Dodge currently in her possession. The parties acknowledge that Husband owns a 1992 Dodge 250 Pickup. Wife hereby relinquishes any right, title or interest she may have in and to the 1992 Dodge 250 Pickup currently in Husband's possession. Husband shall acquire and maintain separate insurance on the 1992 Dodge Pickup currently in his possession. Husband shall hold harmless and indemnify Wife from any loss thereon. Husband specifically agrees to assume full responsibility and pay in due course, any encumbrance on the Sienna currently in his possession. To the extent that either of the vehicles are titled or encumbered jointly, the parties shall immediately execute any and all documents necessary to individually title the, vehicles with the Commonwealth of Pennsylvania. Moreover, to the extent that either vehicle in the possession of the parties is encumbered jointly, the parties hereto will refinance said loan solely into their names within ninety (90) days of the execution of this Agreement. 7 (6) BUSINESS INTERESTS: Husband and Wife hereby waive one unto the other any right, title and/or interest that he/she may have in and to each other's business's, J.B. Escort Service and Brookhart Trucking Escort Service respectively, specifically including, but not limited to any equipment, inventory and/or business accounts. Each Party hereby acknowledges that each will sign any necessary documents in order to transfer any legal interest that each may have in the aforesaid business entities, including, but not limited to, stock certificates, shareholders agreements, powers of attorney, and/or tax returns. From the date of execution of this Agreement, each party shall retain all right, title and/or interest in and to the aforesaid business entity as his/her sole and exclusive property. In the event that either fails to sign any necessary document within ten (10) days; of any written request for him to do so, either party may apply to a court of competent jurisdiction, which shall be empowered to sign any such document necessary to transfer title to the other and, further, each shall be responsible to pay unto the other any expenses, including but not limited to attorneys fees and costs incurred as a result of either parties' failure to sign the necessary documents leading to the necessity of legal proceedings. Each party shall be responsible for any and all liabilities associated with their business, regardless of when said liabilities were incurred. Each shall indemnify and hold the other harmless with regard to all such liabilities associated with their respective business entity. (7) TANGIBLE PERSONAL PROPERTY: The parties hereto acknowledge and agree that they have reached a satisfactory division of the furniture, household furnishings, appliances, tools, guns and other household personal property 8 between them. Each party shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (8) INTANGIBLE PERSONAL PROPERTY: Each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans, 403 (b) plans and the like. (9) LIFE INSURANCE: To the extent that either of the Parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either Party from designating beneficiaries under or encumbering their respective life insurance policies. (10) AFTER-ACQUIRED PROPERTY: Each of the Parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 9 (11) WAIVER OF ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (12) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (13) CASH PAYMENT: In exchange for Husband waiving his right, title and interest in and to various marital assets in this Agreement, Wife shall pay to Husband, a total amount of Twenty-Five Thousand ($25,000.00) Dollars. Said payment is representative of Fifteen Thousand ($15,000) Dollars for equitable distribution of Ten Thousand ($10,000) Dollars in attorney's fees. This payment is meant to be equitable distribution and is therefore, not intended by either party to be a taxable event. These payments shall be made by Wife to Husband on a monthly basis in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before the first of each month and continuing for a term of Sixty (60) months. Wife's first monthly payment in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars shall be made to Husband on or before April 1, 2008. Wife shall make all checks payable to Daley Zucker Meilton Miner & Gingrich, attorney for Barry L. Brookhart, and said checks shall be sent to 1029 Scenery Drive, Harrisburg, PA, 17109, by Wife. (14) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with regard to the rights of each 10 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. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (15) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Wife has been independently represented by David R. Yoder. Each Party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each 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 as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements (16) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 11 (17) INCOME TAX: The Parties hereby acknowledge that they plan to file separate federal, state, and local income tax returns for the tax year of 2007 and all ongoing years. The Parties hereto agree that Wife shall be entitled to take any of the mortgage interest, real estate taxes and any other deductible expenses paid for 2007 on the Marital Residence for purposes of claiming said deduction on her tax return. Should the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by the Parties during the course of their marriage, the Parties hereto agree.to equally divide any such tax liability and/or tax return. (18) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. In the event that either party becomes a debtor in any bankruptcy or financial re- organization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, . the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in 12 all of the debtor's exempt property sufficient to meet all obligations to the creditor- spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each parry waives any and all right to assert that any obligation hereunder is discharged or dischargeable. (19) COMPLETE DISCLOSURE: The parties confum that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that both parties have filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such and undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs of expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 13 (20) WAIVER OF APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of all assets, including, but not limited to the real estate, the personal property, the vehicles, and 401K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. However, to the extent that the Parties have determined that they will not undertake the expense to have other items appraised and/or valued, they agree that the division of property as set forth in this Agreement, represents a fair and equitable distribution. (21) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (22) FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente late, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, arising out of the marital relationship, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of ' whatsoever nature arising or which may arise under this Agreement or for the breach of 14 any provision thereof. Neither Party shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either Party may have or claim to have, and except' for the obligations of the Parties contained in this Agreement and such rights as are expressly reserved herein, each Party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Party ever had or now has against the other specifically arising from the marital relationship. (23) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each Party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the Parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry,! of a Divorce Decree are intended to defeat the right of either Party to receive any insurance proceeds at the 15 death of the other of which she or he is the named beneficiary (whether the beneficiary . designation was made prior or subsequent to execution hereof), nor to (defeat the right of either Party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to? act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (24) SEPARABILITY OF PROVISIONS: 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. (25) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (26) INCORPORATION INTO DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. 16 (27) BREACH: In the event that either Parry breaches any 'provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Parry. In the event of breach, the other Party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (28) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (29) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. (30) PRESERVATION OF RECORDS: Each Party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each Party will allow the other Party reasonable access to those records in the event of tax audits. (31) WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17 (32) NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Parry hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. (33) HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. (34) EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall also continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement, or any term herein, to be null and void. 18 IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: David R.Yoder., quire Attorney for Plaints: ff Co art, Plaintiff C n ich Mac e Attorney for Defendant Brookhart, Defendant OaL-. 19 Exhibit "B" CATHY A. BROOKHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 2936 CIVIL BARRY L. BROOKHART, Defendant IN DIVORCE THE MASTER: Today is Friday, March 7, 2008. This is the date set for a conference with counsel and the parties. Both parties are present; Cathy A. Brookhart is represented by David R. Yoder, and the Defendant, Barry L. Brookhart, is represented by Lindsay Gingrich Maclay. The action was commenced by the filing of a complaint in divorce on April 15, 2002. The grounds raised in the complaint were irretrievable breakdown of the marriage. The parties have provided the Master today with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties. The affidavits and waivers will be filed by the Master's office with the Prothonotary; the divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. On May 17, 2006, a petition for economic relief was filed on behalf,of the wife raising claims for equitable distribution, counsel fees costs and expenses. No claim has been raised by either party foralimony. The Master has been advised that after considerable negotiations, the parties are going to place a 1 stipulation and agreement on the record. The stipulation and agreement as placed on the record will refer to an agreement which is going to be marked Joint Exhibit "A" which has been reviewed by both parties and signed and which will be made part of the total comprehensive agreement in the case. The stipulation and agreement that we are going to place on'the record essentially is an addendum to the agreement that has been previously signed and attached as a joint exhibit. Upon receipt by the Master of a completed agreement and stipulation, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Yoder. MR. YODER: The parties to this action being Cathy A. Brookhart and Barry L. Brookhart have reached a stipulation and agreement on all matters relating to equitable distribution, counsel fees and costs as memorialized in Joint Exhibit "A". In addition to the rovisions, in Joint Exhibit "A", which are incorporated and p . made part of the stipulation as well, the parties have reached an agreement on the following items: Barry L. Brookhart and his counsel agree to assist and cooperate in any reasonable manner with any suit or other action filed to recover costs and damages from wife's prior counsel, Marcus A. McKnight, III,. Esquire. The 2 Plaintiff and wife in this case agrees to bear any costs associated with such cooperation. In the event of a favorable award in such wife suit or in the case of an unusual financial windfall, agrees to accelerate or pay in full the payments under the provisions of Joint Exhibit "A"• Should a defense be raised in the aforementioned suit against Marcus A. McKnight, III, Esquire and his firm, that a full litigation of this matter would have resulted in a more favorable outcome to wife than that contained within this stipulation and agreement, the parties agree that.the Master may then hear the case in full with wife bearing the costs of husband's attorney fees for all such subsequent proceedings. Both parties agree that the Master may exercise jurisdiction for this contingency and for this contingency only. MS GINGRICH MACLAY: Barry, you were here You:have been privy to discussions and negotiations today.. for purposes of trying to bring this case to resolution and you've been fully involved in those discussions and we have talked about the benefits and detriments of settling versus litigating and you are comfortable? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And comfortable? MR. BROOKHART: Yes. 3 MS. GINGRICH MACLAY: And.you understand the terms that we have reached with regard to resolution of this matter? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And you are entering into those terms freely and voluntarily without any coercion? MR. BROOKHART: Nobody has twisted my arm? MR. YODER: Cathy, I know this is emotional for you. If at any point you feel uncomfortable, I want you to tell the Master, on the record here, that you do feel uncomfortable with it. MS. BROOKHART: Yes, sir. MR -YODER: Now, you and I have had an opportunity,to discuss this case in quite some detail over the past several weeks, correct? MS. BROOKHART: Yes, sir. MR. YODER: And we have talked about the options that are available to you in this case? MS. BROOKHART: Yes, sir. MR. YODER: And I have outlined for you the provisions contained within the stipulation that we are entering into today? MS. BROOKHART: Yes. MR. YODER: And do you understood what those 4 provisions contain? MS. BROOKHART: Yes, sir MR. YODER: Are you willing to enter into this agreement based on your knowledge of what your options are? MS. BROOKHART: Yes. MR. YODER: And you are doing this without coercion from outside influences or other persons? MS. BROOKHART: Yes. MR. YODER: Is it your conclusion that based on what you know this stipulation is your best option at the present time? MS. BROOKHART: At the present time, yes. THE MASTER: All right. Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of I settlement as set forth herein, and that by signing ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating 5 i i myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section albs of the Domestic Relations Code. WITNESS: DATE: David R. Yodger Attorney fo Plaintiff *ddsaaly g is Maclay rne for Defendant Cathy A. Brookhart y L. Brookhart 6 S, I t- Exhibit "C" April 2, 2008 PATRICIA CAREY ZUCKER SANDRA L. MEILTON STEVEN P. MINER KATHLEEN MISTURAK-GINGRICH LINDSAY GINGRICH MACLAY QUINTINA M. LAUDERMILCH PATRICIA A. PATTON OFFICE ADMINISTRATOR REPLY TO: EAST SHORE OFFICE: 1029 SCENERY DRIVE HARRISBURG, PA 17109 717-657-4795 7 t 7-657-4996 FAX WEST SHORE OFFICE: 1035 MUMMA ROAD SUITE 101 WORMLEYSBURG, PA 17043 717-724-9821 717-724-9826 FAX VIA FACSEMME (717/258-6718) & U.S. MALT, David R. Yoder, Esquire PO Box 215 Carlisle, PA 17013 Re: Brookhart v. Brookhart (In Divorce) Docket No. 02-2936 (Cumberland County) Dear Dave: I am writing as a follow-up to my recent voicemail messages left for you regarding the above-referenced matter. Please be advised that my office has not received a check from your client for the month of April, 2008; Pursuant to Paragraph 13 of the parties' March 7, 2008 Stipulation and Agreement, incorporating the March 7, 2008 Property Settlement and Separation Agreements your client was to commence monthly payments to, my client of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before May 1, 2008. These payment were.to be made payable to Daley j2ucker Meilton Miner & Gingrich,. LLC,nd were to be sent to 1029 Scenery Drive, Harrisburg, Pennsylvania 17109. Kiihdly have your client remit her monthly payment immediately or we will proceed to file all necessary paperwork with the Court and in which we will be seeking additional attorney's fees. Additionally, as a follow-up of my March 12,20081; letter to you, I am writing to inquire as to the status of the finalization of the Divorce in this matter. As indicated in my March 12, 2008 letter to you, it was my understanding you would be filing the Praecipe to Transmit the Record, along with the divorce information sheet and Divorce Decrees. Kindly provide me with ',a certified copy of the Divorce Decree in the above-referenced matter. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC . I !, David R. Yoder, Esquire April 2, 2008 Page Two Thank you in advance for you anticipated prompt attention to this matter. I look forward to prompt receipt of your client's payment to my client, as well as to receipt of a certified copy of the final Decree in Divorce. Very truly yours, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1 L' y Gin .2 Esquire LGM/ cc: Mr. Barry Brookhart E xhibit "B' 2008 DAVID R. YODER MAY 2 0 ATTORNEY AT LAW P.O. Box 21 5 CARLISLE, PA 17013 717/ 57 1 -20BB E-MAIL: ATTORNEY@DEJAZZD.COM May 16, 2008 Hon. Kevin Hess 1 Courthouse Square 4th Floor Carlisle, PA 17013 Lindsay Gingrich-Maclay, Esq. Daley, Zucker, Miner & Gingrich 1029 Scenery Drive Harrisburg, PA 17109 Re: Brookhart v. Brookhart Failure to pay/ Security issue Your Honor and Attorney Gingrich-Maclay, I write because after finishing the conference and leaving Carlisle I remembered that I will be unavailable all of next week; I am accompanying my parents on trip to Cape Cod by bus (filled with retired teachers, pray for me) in part as a gift for their 50th wedding anniversary. Accordingly, while I will be available to each of you by cell phone (via the above number), I will not have access to my office during the period Monday, 'May 19 through Saturday, May 24. I therefore request that any rule issued be returnable no earlier than Tuesday, May 28, 2008, to allow me some time in the law library on the intertwined issues, particularly the relief requested and dischargeability. Please feel free to contact me with any questions or concerns about the foregoing, and thank you for your time and consideration. Sin ely, 1 I`? David R. Yoder, Pa. Att'y ID 76281 DRY/ ns E xhibit "C" VAY $ 02008 K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, i <P36 Plaintiff/Respondent No. 2002-29-36 (Civil Tenn) V. CIV L ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) RULE TO SHOW CAUSE AND NOW, this cVS+day of _?, 2008, upon consideration of the foregoing Amended Petition to Enforce Property Settlement and Separation Agreement and for Attorney's Fees, the Court grants a Rule to Shove Cause why the Defendant/Petitioner is not entitled to the relief requested. Rule returnable within -_ days. -? E2. S? BY THE COURT: k, h ' I ff Kevin A. Hess, J. Distribution: Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant/Petitioner David R. Yoder, Esquire, P.O. Box 215, Carlisle, PEA 17013, Attorney for Plaintiff/Respondent m0? ?;'3E9f, i 6 ": M`/ hard Cow 7m-;' Ca r i I sm. FA cart ,;a s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA'. CATHY A. BROOKHART, i? Plaintiff/Respondent No. 2002-G (Civil Term) V. CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) RULE TO SHOW CAUSE AND NOW, this day of , 2008, upon consideration of the foregoing Amended Petition to Enforce Property Settlement and Separation Agreement and for Attorney's Fees, the Court grants a Rule to Show Cause why the Defendant/Petitioner is not entitled to the relief requested. Rule returnable within days. All bankruptcy proceedings to stay meanwhile. BY THE COURT: Kevin A. Hess, J. Distribution: Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant/Petitioner David R Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013, Attorney for Plaintiff?Respondent IN THE COURT OF COMMON PLEAS O?' CUMBERLAND COUNTY, PENNSYLV CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-2936 (Civil Term) V. CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) ORDER AND NOW, this day of 2008, upon consideration of the attached Amended Petition to Enforce Property Settlement and Separation Agreement (PSSA), IT IS HEREBY ORDERED AND DECREED that Plaintiff/Respondent is in contempt of the Parties' March 7, 2008 PSSA. IT IS FURTHER ORDERED AND DECREED that Plaintiff/Respondent shall pay Two Thousand ($2,000.00) Dollars toward Husband's attorney's fees and interest. IT IS FURTHER ORDERED AND DECREED that judgment shall be entered against Plaintiff/Respondent and in favor of Husband in the amount of Twenty-Seven Thousand ($27,000.00) Dollars ($25,000.00 for the obligation under the PSSA and $2,000.00 for additional attorney's fees and interest) and that said judgment shall be filed of record and recorded against the former marital residence, located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania. BY THE COURT: Kevin A. Hess, J. Distribution: Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton finer & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Attorneys or DefendantJPetitioner David R Yoder, Esquire, P.O. Box 215, Carlisle PA 17013, Attorney for Plaintiff f/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-2936 (Civil Term) V. BARRY L. BROOKHART, Defendant/Petitioner Yt (y T CIVIL ACTION - LAW (In Divorce) r := ?y C) rn AND NOW, this 20111 day of M&q 2008, comes Defendant/Petitioner, Barry L. Brookhart, by and through his attorneys, Lindsay Gingrich Maclay, Esquire, of the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and avers as follows: 1. Barry L. Brookhart, an adult individual who resides at 4716 Goodman Road, Roanoke, Virginia, is the Defendant/Petitioner in the above-captioned matter (hereinafter referred to as "Husband"). 2. Cathy A. Brookhart, an adult individual who resides at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff/Respondent in the above- captioned matter (hereinafter referred to as "Wife"). 3. On May 1, 2008 Husband filed a Petition to Enforce Property Settlement and Separation Agreement (hereinafter "PSSA") and for Attorney's fees due to non- payment by Wife of her obligations to Husband under said PSSA. A copy of said Petition is attached hereto as Exhibit "A" and is incorporated by reference as if set forth 0 z z? J m; -y at length herein. 4. On Friday, March 7, 2008, the parties attended an equitable distribution hearing with Master Elicker wherein they were able to reach an agreement regarding distribution of the marital property and marital debt. 5. During said hearing, counsel for Wife advised that in order to make payment to Husband under the equitable distribution scheme proposed, Wife would have to file for bankruptcy to rid herself of some of her unsecured credit card debt. 6. Since entering into the PSSA, Wife has failed to make any payments to Husband, which to date, include her April and May 2008 payments in the amount of $416.67 each. 7. Since the filing of the original Petition to Enforce the PSSA, counsel for Husband has had multiple conversations with counsel for Wife, and has also had a conversation with Wife's bankruptcy counsel, Attorney Matthew Eshelman. 8. On May 8, 2008, during a telephone conversation with Attorney Matthew Eshelman (hereinafter "May 8th Telephone Call"), counsel for Husband was advised that Wife intended to file a Chapter 13 bankruptcy in which she planned to list Husband as a "Tier 1 unsecured `non-priority' claim" in her bankruptcy. When counsel for Husband inquired as to what that meant for her client, Attorney Eshelman advised, "the only way [Husband] gets paid is if Wife is successful in her suit against [her former counsel]." 9. During the May 8th Telephone Call, Attorney Eshelman advised that Wife's intention. was to file a Chapter 13 bankruptcy within one (1) week; however, as of the date of filing of this Amended Petition, Wife has not filed same. i I 10. Counsel for Husband has been in contact with a number of bankruptcy counsel in the area to discuss what potential ramifications the filing of a Chapter 13 may have for her client and the results of those discussions have been conflicted. Although all have agreed that equitable distribution obligations are not dischargeable in a Chapter 7 or Chapter 11 bankruptcy, some have said that equitable distribution awards are not dischargeable in a Chapter 13 bankruptcy and some have said that under a Chapter 13 bankruptcy, the debt is dischargeable. 11. According to the Intersection of Divorce and Bankruptcy, PBI Publication No. 2007-5119, page 189: Chapter 7 and 11 debtors, moreover, can no longer discharge obligations to a spouse, former spouse or child of the debtor which the debtor incurred in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with Sate or territorial law by a governmental unit. 11 U.S.C. §§ 523(a)(15), 717(b), 1141(d)(2). However, the new act arguably still allows Chapter 13 debtors to discharge equitable distribution claims against the debtor as opposed to obligations `in the nature of alimony, maintenance or support.' 12. It would appear from above that Wife could file a Chapter 7 or 11 and her obligation to Husband under the PSSA, although stayed during the pendancy of the bankruptcy, would survive. 13. According to the Intersection of Divorce and Bankruptcy, PBI Publication No. 2007-5119, pages 189-190, the potential adverse effects to the croditor-spouse, and therefore to Husband in the instant case, are severe: If a Chapter 13 debtor successfully completes a confirm d 13 plan which provides for the discharge of such equitable distribution claims, some bankruptcy judges may determine that the hapter 13 discharge in fact discharges the Chapter 13 debtor from the equitable distribution claims. The chapter 13 discharge is a permanent injunction which prohibits creditors who e debts have been discharged from taking any action against ?he debtor to collect the discharged debt. 14. If Wife files a Chapter 13 bankruptcy and successfully discharges her obligation to Husband under the parties' PSSA, Wife could obtain a substantial windfall and Husband would receive nothing as equitable distribution of the marital estate. 15. Additionally, if Wife files a Chapter 13 bankruptcy, Husband will be forced to incur significant additional attorney's fees to protect his interest and will have to object to the plan, as well as file fraud and bad faith actions in the bankruptcy court. 16. Moreover, although Paragraph 18 of the parties' PSSA states that "the provisions of this Agreement shall not be dischargeable in Bankruptcy and [the parties] expressly agree to reaffirm any and all obligations contained herein", it was the undersigned's understanding after speaking with Attorney Eshelman that Wife planned to file a Chapter 13 bankruptcy, list Husband as a creditor, and subsequently discharge her obligation to Husband. 17. Paragraph 18 of the parties' PSSA also states the following: In the event that a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. 18. Pursuant to Paragraph 18 of the PSSA, if Wife files for bankruptcy and successfully discharges her obligation to Husband, Husband c ask that the PSSA be declared null and void; however, according to the PBI Publicati n as quoted above, "the chapter 13 discharge is a permanent injunction which prohibi s creditors whose debts I have been discharged from taking any action against the debtor to co?lect the discharged debt" and therefore, whether Husband would be able to obtain said reJlief is questionable, at best. 19. According to 23 Pa.C.S.A. §3323(f), "in all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectjuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 20. According to 23 Pa.C.S.A. §3323(f), therefore, this Court has the equitable power to protect Husband's interest by granting the requested relief, below. 21. Pursuant to Paragraph 18 of the parties' PSSA: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquish s any right to claim any exemption (whether granted under state dr federal law) to any property remaining in the debtor as a defens? to any claim made pursuant hereto by the creditor-spouse, anthe debtor- spouse hereby assigns, transfers and conveys to the crreditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. 22. Pursuant to the pertinent section of Paragraph 18 of the PSSA, as cited above, so long as she remains obligated to Husband under the PSSA, upon filing for bankruptcy/financial reorganization, Wife will assign any exempt property, specifically, the equity in the former marital residence, to Husband. 23. Paragraph 18 of the parties PSSA also further states, "no obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to asset that any obligation hereunder is discharged or dischargeable." 24. The potential attorney's fees to Husband to enforce these provisions in a conflict of laws proceeding in the bankruptcy and state courts, are monumental. 25. Pursuant to 23 Pa.C.S.A. §3502(b), "the court may irripose a lien or charge upon property of a party as security for payment of alimony or any other award for the other party." 26. 23 Pa.C.S.A §3502(e)(1-9) is also instructive as tol the Court's equitable powers in these types of situations: If, at any time, a party has failed to comply with an order of equitable distribution, as provided for in this chapter or with the terms of an agreement as entered into between tI* parties, after hearing, the court may, in addition to any other re edy available under this part, in order to effect compliance with it order: (1) enter judgment; (2) authorize the taking and seizure of the good and chattels and collection of the rents and profits or the real and personal, tangible and intangible property of the party; (3) award interest on unpaid installments; (4) order and direct the transfer or sale of any property required in order to comply with the cowl's order; (5) require security to insure future payments in compliance with the court's order; (6) issue attachment proceedings, directed tb the sheriff or other proper officer of the county, doecting that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, r hearing, that the person willfully failed to comply with the court order, it may deem the person in civil c and, in its discretion, make an tempt of court Dpriate order, including, but not limited to, commitment of the person to the county jail for a period not to excee six months; (7) award counsel fees and costs; (8) attach wages; or (9) find the parry in contempt. 27. Commencing April 1, 2008 (the date of breach of the PSSA) up to and including May 15, 2008, which does not include time for the last conference with the Honorable Kevin A. Hess, Husband had incurred costs and attorney's fees in the amount One Thousand Nine Hundred Two ($1,902.00) Dollars to enforce the PSSA. A copy of the attorney's fees time listing is attached hereto as Exhibit `B?,' and is incorporated herein by reference. 28. It is anticipated that Husband will incur additional attorney's fees in attempting to enforce the PSSA and in order to protect his interest under the PSSA in any bankruptcy proceeding that Wife may file. 29. The best way to protect Husband's interest and to minimize attorney's fees to Husband would be for this Honorable Court to enter judgment against Wife and for Husband in the amount of Twenty-Seven Thousand ($27,000.00) Dollars ($25,000 being the original amount of the obligation under the PSSA and an j additional $2,000 for additional attorney's fees and interest), which judgment would be filed against the former marital residence, located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania. 30. The provisions of the Parties' PSSA as well ash the equitable powers bestowed upon the Court via the cited statutes, above, permit the Court to grant the requested relief, below. WHEREFORE, Husband respectfully requests this Honorable Court find Wife in contempt of court for failure to abide by the provisions set forth the PSSA, dated March 7, 2008. Husband further requests that this Honorable Coi?xt award him Two Thousand ($2,000.00) Dollars in attorney's fees and interest on his equitable distributions payments as due and payable under the PSSA. Husband further requests this Honorable court enter judgment against Wife and in favor of Husband in the' amount of Twenty- Seven Thousand ($27,000.00) Dollars ($25,000.00 for the obligatio*under the PSSA and $2,000.00 for additional attorney's fees and interest). Husband further requests that this Honorable Court file the judgment of record and record same against the former marital residence, located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania. Respectfully submitted DALEY ZUCKER WILTON MINER & GINGRICH, LI c Date: MM lajad$- By: 2, y , E ne C".o LD. # 7954 1029 Scenery Drive j Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendar t/Petitiono ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Esq e L' d ay G kcac=la,' Sworn to and subscribed before e this -; 10 day of 2008. f "e'V Notary Public CONNIO R+1sALIH OF PENNMVAHIA NOTARIAL SEAL Gloria M Rine, Notary Pubhe Lower Pmdm Township, Dauphin County My pion a0a November 15, 2011 CERTIFICATE OF SERVICE AND NOW, this Ir- day of 2008, T, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the Amended Petition to Enforce Property Settlement and Separation Agreement and Attorney Fees, by mailing same by fiat class mail, postage prepaid, addressed as follows: David R Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: Amanda M. Shull, RPat'al 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Exhibit "A" V., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CATHY A. BROORHART, Plaintiff/Respondent V. BARRY L. BROOKHART, Defendant/Petitioner : No. 2002-2936 (Civil Term) CIVIL ACTION - LAW (In Divorce) ORDER AND NOW, day of 2008, upon _ consideration of the attached Petition to Enforce Property Settlement and Separation Agreement, IT IS HEREBY ORDERED AND DECREED that'' a conference/hearing concerning the Petition shall be held on the day of 2008, at of the Cumberland County o'clock -.m. in Courtroom No. Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: Kevin A: Hess, J. Distribution: Lindsay Gingrich Maclay, Esquire, Daley Zucker Menton Mner & Gingrich, LLC, 1029 Scenery Drive, Handsburg, PeansYlvania 17109, Attorneys for DefendanbPetitioner David p Yoder, Esquire, P.O. Box 211, Carlisle, !PA 17013, Attorney for Plaintif, j/Respondent IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENN CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-2936 (Civil Term) V. CIVIL. ACTION - LAW BARRY L. BROORHART, Defendant/Petitioner (In Divorce) ORDER AND NOW, this day of , 2008, upon consideration of the attached Petition to Enforce Property Settlement and Separation Agreement, IT IS HEREBY ORDERED AND DECREED that Plaintiff/Responden? shall immediately pay Defendant/Petitioner $833.34, representing equitable distribution payments for the months of April and May of 2008, in satisfaction of the provisioo set forth in Paragraph Thirteen (13) of the Property Settlement and Separation Agreement ("PSSA") entered into by the Parties on March 7, 2008. Further Plaintiff/Respondeot shall timely make all future payments as set forth in the parties' PSSA. IT IS` FURTHER ORDERED AND DECREED that Plaintiff/Respondent shall' pay to Defendant/Petitioner any and all costs, expenses, and reasonable attorney fees expended to enforce the provisions of the parties' March 7, 2008 PSSA. BY THE COURT: Kevin A. Hess, J. Distnbution: Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton zner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg Pennsylvania 17109, Attorneys or Defendant/Petitioner David R Yoder, Esquire, P.O. Box 215, Carlisle PA 17013, Attorney for Plainiif?`/Respondent i ! IN THE COURT OF COMMON PLEAS OF C-UMBERI,AND COUNTY, PENNSYLVANIA `_- CATHY A. BROOKHART, plaintifflRespondent v. BARRY L. BROOIMART, D efend ant/P etitioner 17 No. 2002-2936 (Civil Term;> • -' i Z CIVIL ACTION - LAW 2 (In Divorce) sv f:fJ s .rb+ %D AND NOW, this 3p- day of Awyil 2008, comes Defendant/Petitioner, Barry L. Brookhart, by and through his attorneys, Lindsay Gingrich Maclay, Esquire, of the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and avers as follows: 1. Barry L. Brookhart, an adult individual who resides at 4716 Goodman Road, Roanoke, Virginia, is the Defendant/Petitioner in the above-captioned matter (hereinafter referred to as "Husband"). 2: Cathy A. Brookhart; an adult individual who resides at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff/Respondent in the above- captioned matter (hereinafter referred to as 'W'ife"). 3. The Parties were married on April 25, 1988 in Perry County, Pennsylvania. 4. The Parties have lived separate and apart since on or about April 1;. 2002. 5. The Parties, division of all marital property and debts occurred through a Property Settlement and Separation Agreement executed by the Parti s on March 7, 2008 0 -n r-n J3 Li 4. S 6 ?'?t7 i 1 (hereinafter referred to as "PSSA"). A copy of said agreement isl attached hereto and i incorporated by reference as Exhibit "A". 6. A Stipulation and Agreement which incorporated the PSSA was read into the Record and acknowledged by the Parties during the Master's Nearing on March 7, 2008 (hereinafter referred to as "Record Stipulation"). A copy of said Record Stipulation is attached hereto and incorporated by reference as Exhibit "B". 7. The provisions of Paragraph Thirteen (13) of the PS$A, regarding the cash payment is as follows: In exchange for Husband waiving his right, title, various marital assets in this Agreement, Wife A total amount of Twenty-Five Thousand ($25,000) is representative of Fifteen Thousand ($15,000) distribution of Ten Thousand ($10,000) Dollars in payment is meant to be equitable distribution and is by either party to be a taxable event. These payn Wife to Husband on a monthly basis in the am( Sixteen and 67/100 ($416.67) Dollars on or before and continuing for a term of Sixty (60) months. payment in the amount of Four' Hundred Sixteen Dollars shall be made to Husband on or before Ap make all check payable to Daley Zucker Meilt? attorneys for Barry L. Brookhart, and said check Scenery Drive, Harrisburg, PA, 17109, by Wife, and interest in and to pay to Husband, a ollars. Said payment Dollars for equitable attorney's fees. This therefore, not intended ents shall be made by unt of Four Hundred he first of each month Wife's first monthly and 67/100 ($416.67) it 1, 2008. Wife shall ` a Miner & Gringrich, shall be sent to 1029 8. Pursuant to Paragraph Thirteen (13) of the PSSA, Husband, through Counsel, was to receive, on or before April 1, 2008, his first monthly payment of Four Hundred Sixteen Dollars and 67/100 ($416.67) Dollars. 9. Since the parties executed their PSSA, neither Husband nor Counsel for. Husband have received a monthly payment from Wife of Four Hundred Sixteen Dollars and 67/100 ($416.67) Dollars. 10. Counsel for Husband has had multiple conversations with Counsel for Wife regarding non-payment. 11. On or about April 2, 2008, Counsel for Husband sent al letter to Counsel for Wife requesting Wife's April 2008 payment be made immediately to avoid the necessity of filing this petition. A copy of the April 2, 2008 letter to Attorney David Yoder is attached hereto as Exhibit "C" and is incorporated herein by reference. 12. As of the date of this filing, no payments have been received from Wife by Husband or Counsel for Husband._ __ 13. The provisions of paragraph Twenty-Seven (27) of the PSSA provide as follows: In the event that either Parry breaches any provision of (this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach Or to seek such other and additional remedies as may be available to him or her. 14. Under Paragraph Twenty-Seven (27) of the PSSA, Wife should compensate Husband for all filing fees, costs, expenses, and attorney's fees paid to enforce the provisions of the March 7, 2008 PSSA. 15. Pursuant to Sections 3105(a) and 3502(e) of the divorce Code, Wife should be found in contempt of court for failure to abide by the provisions of Paragraph Thirteen (13) of the Parties' March 7, 2008 PSSA. f f 16. Husband also seeks reimbursement of costs and attorney's fees from Wife, the authority found at 3502(e)(7), for fees incurred by Husband-in enforcing pursuant to the provisions of the PSSA. WHEREFORE, Husband respectfully requests this Honorable Court find Wife in contempt of court for failure to abide by the provisions set forth in the PSSA, dated March 7, 2008. Husband further requests this Honorable Court order Wife to immediately pay Husband Eight Hundred Thirty-Three and 34/1100 ($833.34) Dollars representing _the equitable distribution for the months of Apri?_ _and May 2008, in satisfaction of the provisions set forth in Paragraph Thirteen ''(13) of the Property Settlement and Separation Agreement entered into by the Parties on March 7, 2008. Husband further requests that this Honorable Court order Wife to immediately reimburse Husband for all fees and costs, including attorney's fees, incurred as a result of Wife's breach of the PSSA and Record Stipulation. Respectfully submitted, DALEY ZUCKER MEILTON MINER & Gi NGRICH, I LC Date: ?pY"I ZO : 2DD? By: d ay h a lay, E quire upreme Court I.D. # 7954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendw?tPetitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF DAUPHIN } Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscrifed before me this day of i.-2008. Notary Public C0?1dWEAL1H QP PE[aISI'LVAHIA N ARL4I• SEAL Glona M Rine, Notary Puj Lower Pmdm Township, Daupbin My ionCOMSNovembe1 VER FICATION L. Brool? Defendant/Petitioner,verify that the statements made in I, Barry this p?ition are true and correct. I mderstand that false statements herein are made subject to the penalties of 1S Pa.C.S. Seetion 4944, relating to unswoIn falsification to authorities. z 10 dMVPetationer Date $rookhart Ie CERTIFICATE OF SERVICE AND NOW, this 30-1h day of b 2008, I, Amanda M. Shull, paralegal, for the firm of Daley Zucker Wilton Miner & Gingrich, LLC, hereby. certify that I have this day served a copy of the Petition to Enforce Property Settlement and Separation Agreement and Attorney Fees, by mailing same by first class mail, postage prepaid, addressed as follows: David R Yoder, Esquire P.O. Box 215 _ :. Carlisle, PA 17013 DALEY ZUCKER WILTON MINER & GINGRICH, LLC ??tl By. AAAman"&M- t Paralegal l, 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 r ` Exhibit "A" c Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ;rn?aaw.com IN THE COURT OF COMMON SLESA CUMBERLAND COUNTY, PENN CATHY A. BROOKHART, No. 2002-2936 (Civil Term) Plaintiff • CIVIL ACTION _ LAW V. BARRY L. BROOKHART, ( Divorce) Defendant THIS AGREEMENT is made this 11day of 2008, BY R.1: The Parties hereto were Husband` and Wife,' having been joined marriage on April 25, 1988 in Perry County, Pennsylvania; and R.2: Differences have arisen between the Parties, in donsequence of which the and apart since on or about April 1, 2b02; and parties have hued separate I r. ` R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Wife filed a Complaint in Divorce in Cumberland County on April 15, 2002 to the above-referenced term and number; and R.6: It is the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: The Parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the rather or against their respective estates; and R8: The Parties desire to resolve: all claims pending betibveen them; including I the settlement of a11t, of their res ective property rights and other rights P growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and 2 R.9: Husband and Wife declare that each has had a full hand fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Wife has been independently represented by David R. Yoder, Esquire; and R.10: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.11: The parties confirm that they have relied on, the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that broth parties have filed an Inventory and Appraisement as required by Section 3505(6) of the Pennsylvania Divorce Code. Notwithstanding the foregoing; the rights of either party to.pursue a claim for equitable: distribution; pursuant to the Pennsylvania Divorce Code: of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved In the event that either party; at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Further, the non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other parry in seeking equitabl distribution of said asset. I 3 r ` Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Parry, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each Parry at all times hereafter to live separate and apart from the other Party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither Party,will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither Party shall disparage or, discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them' act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members' of the fmily of either Party. 4 Each Party shall be free of. the interference, authority or 'contact by the. other as if he or. she was single and unmarried except as maybe necessary to carry 'out the terms of this Agreement and/or the terms of any Custody Agreement or Order. (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute their respective :Affidavits of Consent and Waive of Notice Forms necessary to finalize the Divorce. Said Affidavits and Waivers, al g with any and all 4 additional documents necessary to finalize the Divorce, will be filed in the Cumberland County Prothonotary's Office as soon as administratively feasible. If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the other party may receive counsel fees and sanctions. Said breach does not entitle either party to seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the agreement as void for failure to execute the Consent and Waiver. (3) REAL PROPERTY: Wife, individually, is the owner of certain real property located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania (hereinafter "Marital Residence'). Any and all encumbrances on the Marital Residence are solely in Wife's name. Commencing on the execution date of this Agreement, and without regard to when bills.for such items are incurred, received or doe, Wife shall be solely responsible for all past, present and, future costs or liabilities associated with or attributable to maintaining the Marital Residence, including, but not limited to, mortgage payments, ,loan payments, all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership of the Marital Residence. 5 (4) DEBT: A. WIFE'S DEBTS: Wife represents andi warrants to Husband that since their separation on April 1, 2002'she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against him by reason of debts or obligation's incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on April 1, 20012 he has not, and in the fixture he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint, liability:.; OUTSTANDING JOINT DEBTS: In the event that either party, contracted or incurred any debts since the date of separation on April 1, 2002, the party who incurred said debt shall be responsible' for the payment thereof regardless of the name in which the account may have been charged. D. UNDISCLOSED DEBTS: Any liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from, any and all such debts, obligations and liabilities. 6 (5) MOTOR VEHICLES: The parties acknowledge that Wife owns a 1995 Dodge 3500 Pickup. Husband hereby relinquishes any right, title or interest he may have in and to the 1995 Dodge Pickup currently in Wife's possession. Wife shall acquire and maintain separate insurance on the 1995 Dodge currently in her possession. Wife shall hold harmless and indemnify Husband from any loss thereon. Wife specifically agrees to assume full responsibility and pay in due course, any encumbrance on the 1995 Dodge currently in her possession. The parties acknowledge that Husband owns a 1992 Dodge 250 Pickup. Wife hereby relinquishes any right, title or interest she may have in and to the 1992 Dodge 250 Pickup currently in Husband's possession. Husband shall acquire and maintain separate insurance on the 1992 Dodge Pickup currently in his possession. Husband shall hold harmless and indemnify Wife from any loss thereon. Husband specifically agrees to i. assume full responsibility and pay in due course, any encumbrance on the Sienna currently in his possession. To the extent that either of the vehicles are titled or encumbered jointly, the parties shall immediately execute any and all -documents necessary to individually title the vehicles with the Commonwealth of Pennsylvania. Moreover, to the extent that either vehicle in the possession of the parties is encumbered jointly, the parties hereto will refinance said loan solely into their names within, ninety (90) days of the execution of this Agreement. 7 (6) BUSINESS INTERESTS: Husband and Wife hereby waive one unto the other any right, title and/or interest that he/she may have in and to each other's business's, J.B. Escort Service and Brookhart Trucking Escort Service respectively, specifically including, but not limited to any equipment, inventory and/or business accounts. Each Party hereby acknowledges that each will sign any necessary documents in order to transfer any legal interest that each may have in the aforesaid business entities, including, but not limited to, stock certificates, shareholders agreements, powers of attorney, and/or tax returns. From the date of execution of this Agreement, each party shall retain all right, title and/or interest in and to the aforesaid business entity as his/her sole and exclusive property. In the event that either fails to sign any necessary document within ten (10) days of any written request for him to do so, either party may apply to a court of competent jurisdiction, which shall be empowered to sign any such document necessary to transfer title to the other and, further, each shall be responsible to pay unto the other any expenses, including but not limited to attorneys fees and costs incurred as a result of either parties' failure to sign the necessary documents leading to the necessity of legal proceedings. Each party shall be responsible for any and all liabilities associated with their business, regardless of when said liabilities were incurred. Each shall indemnify and hold the other harmless with regard to all such liabilities associated with their respective business entity. () TANGIBLE PERSONAL PROPERTY: The parties hereto acknowledge and agree that they have reached a satisfactory division of the furniture, household furnishings, appliances, tools, guns and other household personal property 8 between them. Each parry shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (8) INTANGIBLE PERSONAL PROPERTY: Each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans, 403 (b) plans and the like. (9) LIFE INSURANCE: To the extent that either of the Parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either Party from designating beneficiaries under or encumbering their respective life insurance policies. (10) AFTER ACQUIRED PROPERTY: Each of the Parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 9 r (11) WAIVER OF ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (12) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (13) CASH PAYMENT: In exchange for Husband waiving his right, title and interest in and to various marital assets in this Agreement, Wife shall pay to Husband, a total amount of Twenty-Five Thousand ($25,000.00) Dollars. Said payment is representative of Fifteen Thousand ($15,000) Dollars for equitable distribution of Ten Thousand ($10,000) Dollars in attorney's fees. This payment is meant to be equitable distribution and is therefore, not intended by either party to be a taxable event. These payments shall be made by Wife to Husband on a monthly basis in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars on or before the first of each month and continuing for a term of Sixty (60) months. Wife's first monthly payment in the amount of Four Hundred Sixteen and 67/100 ($416.67) Dollars shall be made to Husband on or before April 1, 2008: Wife shall make all checks payable to Daley Zucker Meilton Miner & Gingrich, attorney for Barry L. Brookhart, and said checks shall be sent to 1029 Scenery Drive, Harrisburg, PA, 17109, by Wife. (14) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with ?egard to the rights of each 10 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. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (15) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich MacIay Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Wife has been independently represented by David R. Yoder. Each Party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each 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 as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (16) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. II (17) INCOME TAX: The Parties hereby acknowledge that they plan to file separate federal, state, and local income tax returns for the tax year of 2007 and all ongoing years. The Parties hereto agree that Wife shall be entitled to take any of the mortgage interest, real estate taxes and any other deductible expenses paid for 2007 on the Marital Residence for purposes of claiming said deduction on her tax return. Should the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by the Parties during the course of their marriage, the Parties hereto agree.to equally divide any such tax liability and/or tax return. (18) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by , this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. In the event that either party becomes a debtor in any bankruptcy or financial re- organization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, - the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in 12 all of the debtor's exempt property sufficient to meet all obligations to the creditor- spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. (19) COMPLETE DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that both parties have filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such and undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs of expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect.` 13 (20) WAIVER OF APPRAISALS: The Parties- acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of all assets, including, but not limited to the real estate, the personal property, the vehicles, and 401K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. However, to the extent that the Parties have determined that they will not undertake the expense to have other items appraised and/or valued, they agree that the division of property as set forth in this Agreement, represents a fair and equitable distribution. (21) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (22) FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, arising out of the marital relationship, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of 14 any provision thereof. Neither Parry shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either Party may have or claim to have, and except' for the obligations of the Parties contained in this Agreement and such rights as are expressly reserved herein, each Party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Party ever had or now has against the other specifically arising from the marital relationship. (23) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each Party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the Parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a Divorce Decree are intended to defeat the right of either Party to receive any insurance proceeds at the 15 death of the other of which she or he is the named beneficiary (whether the beneficiary . designation was made prior or subsequent to execution hereof), nor to defeat the right of either Parry to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to' act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (24) SEPARABILITY OF PROVISIONS: 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. (25) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (26) INCORPORATION INTO DIVORCE DECREE The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. 16 (27) BREACH: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other Party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (28) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (29) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. (30) PRESERVATION OF RECORDS: Each Party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each Party will allow the other Party reasonable access to those records in the event of tak audits. (31) WAIVER OR MODIFICATION TO BE IN WRITING: No modification. or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17 (32) NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Parry hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. (33) HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. (34) EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to ' effect a reconciliation: This Agreement shall also continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement, or any term herein, to be null and void. 18 to be legally bound IN WI'T'NESS WHEREUF, the parties hereto, intending . set their hands and seals to this Agreement the day and Year first hereby, have hereunto above written- WITNESS: Cathy 4A.B art, Plaintiff David R.Yoder, quire Attorney for Plaintiff C - ch Mac e (iA4ttorneYfOr Defendant i art L. Brookhart, Defendant 19 Exhibit " B" F IN THE COURT OF COMMON PLEAS OF CATHY A. BROOKHART, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 02 - 2936 CIVIL BARRY L. BROOKHART, IN DIVORCE Defendant THE MASTER: Today is Friday, March 7, 2008. This is the date set for a conference with counsel and the parties. Both parties are present; Cathy A. Brookhart is p Barry L. represented by David R. Yoder, and the Defendant, Brookhart, is represented by Lindsay Gingrich Maclay. The action was commenced by the filing of a 2002 complaint in divorce on April 15, . The grounds raised in the complaint were irretrievable breakdown of the with rties have provided the Master today marriage. The pa waivers of notice of intention to affidavits of consent and entry of divorce, decree signed by both parties. The request waivers will be filed by the Master's office affidavits and with the ProtYionotary; the divorce can', therefore, conclude under Section 3301 (c) of the Domestic Relations Code. On May 17, 2006, a petition for economic claims for. relief was filed on behalf.of the wife raising equitable distribution, counsel fees costs and expenses. No claim has been raised by either party for alimony. The Master has been advised that after to place considerable negotiations, the parties are going a 1 stipulation and agreement on the record. The stipulation and agreement as placed on the record will refer to an agreement which is going to be marked Joint Exhibit "A" which has been reviewed by both parties and signed and which will be made part of the total comprehensive agreement in the case. The stipulation and agreement that we are going to place on'the record essentially is an addendum to the agreement that has been previously signed and attached as a joint exhibit. Upon receipt by the Master of a completed agreement and stipulation, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Yoder. MR. YODER: The parties to this action being Cathy A. Brookhart and Barry L. Brookhart have reached a stipulationand agreement on all matters relating to equitable distribution, counsel fees and' costs as memorialized in Joint Exhibit "A". In addition to the provisionsin Joint Exhibit "A", which are incorporated and made part 'of the stipulation as well,, th6 Parties-have reached an agreement on the following items: Barry L. Brookhart and his counsel agree to assist and cooperate in any reasonable manner with any suit or other action filed to recover costs and damages from wife's prior counsel, Marcus A. McKnight, III,. Esquire. The 2 Plaintiff and wife in this case agrees to bear any costs associated with such cooperation. In the event of a favorable award in such suit or in the case of an unusual financial windfall, wife agrees to accelerate or pay in full the payments under the provisions of Joint Exhibit "A". Should a defense be raised in the aforementioned suit against Marcus A. McKnight, III, Esquire and his firm, that a full litigation of this matter would ' have resulted in a more favorable outcome to wife than that contained within this stipulation and agreement, the parties agree that,the Master may then hear the case in full with wife bearing the costs of husband's attorney fees for all such subsequent proceedings. Both parties agree that the Master may exercise jurisdiction for this contingency and i for this 'crt.ingency only. MS.; GINGRICH'MACLAY: Barry, you were here today? You!have been `privy to discussions and negotiations for purposes of:trying to bring this case to resolution and you've been fully involved in those discussions' and we have talked about the benefits and detriments of settling versus litigating and you are comfortable? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And comfortable? MR. BROOKHART: Yes. 3 MS. GINGRICH MACLAY: And.you understand the terms that we have reached with regard to resolution of this matter? MR. BROOKHART: Yes. MS. GINGRICH MACLAY: And you are entering into those terms freely and voluntarily without any coercion? MR. BROOKHART: Nobody has twisted my arm? MR. YODER: Cathy, I know this is emotional r ou. It at any point you feel uncomfortable, I want you fo y to tell the Master, on the record here, that you do feel uncomfortable with it. MS. BROOKHART: Yes, sir. R. YODER: Now, you and I have had an to.discuss this case in quite some detail over opportunity the past several weeks, correct? _ I M, Yes, sir. S.. BROOKHART'. MR. YODER: And we have talked about the options that are available to you in this case? MS. BROOKHART: Yes, sir. MR. YODER: And I have outlined for you the provisions contained within the stipulation that we are entering into today? MS. BROOKHART: Yes. MR. YODER: And do you understood what those 4 provisions contain? MS. BROOKHART: Yes, sir MR. YODER: Are you willing to enter into this agreement based on your knowledge of what your options are? MS. BROOKHART: Yes. MR. YODER: And you are doing this without coercion from outside influences or other persons? MS. BROOKHART: Yes. MR. YODER: Is it your conclusion that based on what you know this stipulation is your best option at the present time? MS.:BROOKHART: At the present time, yes. THE MASTER: All right. Thank you. j I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as.a contract obligating 5 myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: David R. Yodqot Attorney fo Plaintiff g is Maclay j4dasAay orne for Defendant DATE: ,7- -Z90 e 7 /-- Cathy A. Brookhart Bar y L. Brookhart 6 Exhibit "C" -- T pATRICIA CAREY ZUCKER SANDRA L- MEILTON STEVEN p. MINER KATHLEEN MISTURAK-GINGRICH LINDSAY GINGRICH MACLAY QUINTINA M. LAUDERMILCH pATRICIA A. PATTON OFFICE ADMINISTRATOR REPLY TO: EAST SHORE OFFICE: 1029 SCENERY DRIVE HARRISBURG, PA 17109 717-657-4795 717-657-4996 FAX WEST SHORE OFFICE: 1035 MUMMA ROAD SurrE 101 WORMLEYSBURG, PA 17043 717-724-9821 717-724-9826 FAX April 2, 2008 VIA FACSIMILE (717/258-6718 & U.S. MAIL David R. Yoder, Esquire PO Box 215 Carlisle, PA 17013 Re: Brookhart v. Brookhart (In Divorce) Docket NO, 02-2936 (Cumberland County) Dear Dave: I am writing as a follow-up to my recent voicemail messages left for you regarding the above-referenced matter. Please be advised. that my office has pth graph 13 of r client for the month of April, 2008.:. Ptu'suan check from you Bement, incorporating the March 7, the parties' March 7, 2008 Stipulati on and Agr our client was to commence 2008 Property Settlement and Separation Agreement, y month/ ayments to my;, client of Four Hundred` Sixteen and 67/100 ($41 .e monthly p 2008.These payments. were to be made pays 1029 Dollars ;on or before May 1, ch, LLCM ?d dly were to be sent to.. Da1eyZucker ..1?Ieilton Miner .& rmgri have Your client remit her Scenery Drive, Hainsburg, Pennsylvania 17109.: Kin eiwork proceed to file all necessary pap a ent immediately or we will monthly p ym additional attorneY's fees. with the Court and in which we will be seeking 2008 letter to you, I am writing to Additionally, as a follow; up of my March 12, inquire as to the status of the finalization of the Divrierstanding you would indicated in my March 12, 2008 letter you, salon with the divorce information be filing the Praecipe to Transmit the Record, g a certified copy of the Divorce sheet and Divorce Decrees, Kindly provide me with Decree in the above-referenced matter. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC David R. Yoder, Esquire April 2, 2008 Page Two Thank you in advance for you anticipated prompt attention to this matter. I look forward to prompt receipt of your client's payment to my client, as well as to receipt of a certified copy of the final Decree in Divorce. 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O&& c? 646 Dm4 b May 16/2008 DALEY ZUCKER NEILTON MINER 6 GINGRICH, LLC Page: 1 - Time Listing Mar 1/2008 To may 16/2008 Lwyr Lawyer Date Natter Client Entry # Matter Description Law Type Task Eaplanation Hours Rate -Total LGM Lindsay Maclay Mar 3/2008 Brookhart--B Brookhart, Barry 19413 Divorce Client No. 06-014 Matter No. 001 misc No Hold BW Telephone call with client re: upcoming settlement 0.20 175.00 35.00 conference; left message for Attorney Yoder re: same is DIY Y+ ..,tyx ..,*• .:. F't.` ...' _ : s ^? 'i•':.x.'.rt,-'°:i., -`' ::ry' ? _ '!:'• - - t a.+?.., , i' t' V . i,' .? .r.., .. LQS Lindsay Maclay V494itu'.. : Mar 7/2008 Brookhart--B Brookhart, Barry 19447 Divorce Client No. 06-014 Matter No. 001 mist No Hold BW Meeting with client re: preparation; travel to and from and 5.00 175.00 875.00 attendance at Pre-Hearin Conference LGM Lindsay Maclay Mar 12/2008 Brookhart--B Brookhart, Barry 19470 Divorce Client No. 06-014 Matter No. 001 mist No Hold BW Received Order Vacating Appointment of Master; drafted letter 0.70 175.00 122.50 to Attorney Yoder re: finalization of Divorce; drafted letter to client Wenclos,...in Order and letter to Attorne Yoder 1 LQ4 Lindsay Maclay Apr 2/2008 Brookhart--B Brookhart, Barry 22233 Divorce Client No. 06-014 Matter No. 001 mist No Hold BW Left message for Attorney Yoder re: finalization of Divorce 0.80 175.00 140.00 and payment from Cathy; drafted, sent and faxed letter to Attorney Yoder re: same; telephone call with Attorney Yoder re: same LGH Lindsay Maclay ''. °.. ,. Apr 11/2008 Brookhart--B Brookhart, Barry 22294 Divorce Client No. 06-014 Matter No. 001 mist No Hold BW Left message for Attorney Yoder re: status of payment from 0.10 175.00 0.00 his client and finalization of divorce (no char e) i LGH Lindsay Maclay - s Apr_17/2008 Brookhart--B Brookhart, Barry i 22344 Divorce Client No. 06-014 Matter No. 001 mist to Sold BN Telephone call with Attorney Yoder re: payments from Cathy 0.20 175.00 35.00 `r . :" rd's v::;? 4f - ,. .," •i• ? LGM ` Lindsay Maclay Apr 24/2008 Brookhart--B Brookhart, Barry 22656 Divorce Client No. 06-014 Matter No. 001 mist No Hold BW Telephone call with Attorney Yoder re; status of conversation 0.20 175.00 35.00 with Attorney Eshelman and st_atus_ of Divorce finalization cyp Kvi ?` t;_•1,:_'_t .ter' 1?tV'" ,d': . ,? Lt- 4.• W mum N. AMS Amanda M. Shull ?_... ... Apr 25/2008 Brookhart--B Brookhart, Barry 23116 Divorce Client No. 06-014 -Matter No. 001 mist j{ No Hold BW Draft-Petition to EnforceMarital Settlement Agreement 1.20 125.00 150.00 S AMS Amanda M. Shull Apr 28/2008 Brookhart--B Brookhart, Barry 23768 Divorce Client No. 06-014 Matter No. 001 mist No Hold BW Revise Petition to Enforce Marital Settlement Agreement 0.50 125.00 62.50 :, ,..' `:: t.?, 'L -. a.?i`•.?C.- - z.'.+T--'t? ?i_S•`.-; . j:. S ...: :y'.:?:, - ::': 'T .. ' '$t.Y .: ?. ' - :5.. y ?' oar 1W.:'.'I'u??'.'a:Y.C '^'?Q. ?' iitY y?, "??':9ry?•'ki Si::?..'?::? ??i:s.'.Ir-''`M. " .?"-s.!C'-?"y? .,,! ,i'-fix''.'--.?•-+" - -...T'„-?.. zd- .:..a?v..C.. ?:'..::.: TTd?; r.,: R;" k?e. ?T ?:;? .?C,?.,L?.rt(.' .swh'` ...:, ...''?^?;•:c.?'-,it,:: is :'.". ... r 'L Fi: ..' ..t3 _• ?•. 'A?'wc ; May 16/2008 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Page: 2 - - Time Listing Mar 1/2008 To may 16/2008 Lwyr Lawyer Date matter client Entry # Matter Description Law Type Task Explanation Hours Rata Total LGM Lit May 5/2008 24678 No Hold May 8/2008 24681 No Hold May 13/2008 24683 No gold rt--B Brookhart, Barry Divorce Client No. 06-014 Matter No. 001 BW Received Acceptance of Service; drafted letter to rt--B Brookhart, Barry Divorce Client No. 06-014 Matter No. 001 BW Telephone call with Attorney Yoder re: Cathy, bankruptcy; telephone call with Attorney Eshelman; telephone call with Attorne Mott?;i telephone call with Attorney Gingrich rt--B Brookhart, Barry Divorce Client No. 06-014 Matter No. 001 BW Telephone call with Attorney Yoder re: conference/Order, bankruptcy, note; received Order scheduling conference; May 15/2008 Brookhart--B Brookhart, Barry misc misc misc 0.20 125.00 0.50 175.00 25.00 87.50 1.10 175.00 192.50 0.50 175.00 87.50 24662 Divorce Client No. 06-014 Matter No. 001 misc No Hold BW Conference with L Maclay re secured status in bankruptcy 0.20 250.00 50.00 ?,?p *** Summary by Task Code *** Task Code 1 V °, Hours Amo>mt Iv" 1HL "10 ?? +++ +++ BW - Billable Work Billable 18.20 3015.00 Total Billable I 3025M Total: is 3015-.0 *** Summary by Working Lawyer *** Working Lawyer SPM - Steven P. Miner LGS - Lindsay Maclay AMS - Amanda M. Shull Total: Hours Amount 0.50 125.00 14.60 2502.50 3.10 387.50 28.20 3025.0 REPORT SELECTIONS - Time Listing Layout Template Default Advanced Search Filter None Requested by Jt4F Finished Friday, May 16, 2008 at 09:08:15 AM LGM Lindsay Maclay May 9/2008 Brookhart--B Brookhart, Barry 24680 Divorce Client No. 06-014 Matter No. 001 misc no Hold SW Met with Attorney Miner re: bankruptcy and interplay with 0.50 175.00 87.50 Marital Settlement Agreement; telephone calls with Robbie at AMS Amanda M. Shull - -._ _ .._ ..,, _..-. Apr 29/2008 Brookhart--B Brookhart, Barry 23000 Divorce Client No. 06-014 Matter No. 001 misc No Hold BW Telephone call re: Petition to Enforce Marital Settlement May 16/2008 DALEY ZUCKER MEILTON MINER S GINGRICH, LLC Time Listing Mar 1/2008 To may 16/2008 Lwyr Lawyer Page: Date !tatter Client Entry (fatter Description Law Type Task Ezplanation Hours Rate Total Ver 9.lOd - Date Range Mar 1/2008 To May 16/2008 Matters Brookhart--B Clients All Major Clients All Client Intro Lawyer All Matter Intro Lawyer All Responsible Lawyer All Type of Law All Select From Active, Inactive, Archived Matters Working Lawyer All Task All Stuamarize by Type of Law No Sorted by Order Entered Time/Fee Both Include Daily totals No Include Held Items only No Matter Security Enabled No Printed from Register Exhibit "D" Page 1 of 2 Amanda Shull From: Lindsay Maclay Sent: Tuesday, June 03, 2008 11:08 AM To: Amanda Shull Subject: FW: Barry & CaAy Brookhart - Notice of BK filing From: Matthew Eshelman [mailto:m.eshelman@hotmail.com] Sent: Wednesday, May 28, 2008 5:53 PM To: Lindsay Maclay Cc: mrsb202O@hotmaii.com Subject: Barry & Cathy Brookhart - Notice of BK filing Please find attached a notice of bankruptcy filing in the matter of Cathy Brookhart, dated May 28, 2008, and docketed in the Middle District of Pennsylvania's Bankruptcy Court at 1-08-bk-1899. Kindly stay any and all efforts to collect any debt or otherwise exercise control or dominion over the bankrupt estate, pursuant to the automatic stay of 11 USC Section 362. This would include notifying Judge Hess, if appropriate. The Plan, schedules and statements have not yet been filed. As we anticipate treating Mr. Brookhart's claim as Tier 1 unsecured claim (with any judicial lien being avoided pursuant to Section 522(f)(1), if need be), we will be providing you with courtesy notice of each filing (at least if and until an entry of appearance is filed on Mr. Brookhart's behalf, at which time notices will be sent automatically). Please don't hesitate to call or write with any questions or concerns. -Matt Matthew J. Eshelman, Esquire Attorney & Counsellor at Law 1675 Cumberland Blvd, PO Box 1080 Camp Hill, Pennsylvania 17001-1080 8 South Hanover Street, Suite 201 Carlisle, Pennsylvania (Reply to Camp Hill) (717) 249-6900 (Main Line) (717) 395-8503 (West Shore) (717) 248-2444 (Lewistown) (717) 243-7800 (facsimile) M.Eshelman(ftotmail.com Board Certified in Creditors Rights Representation by the American Board of Certification This correspondence is from an attorney and may contain privileged information. If you have received this correspondence in error or are not the intended recipient, you are requested to immediately notify the sender and are further directed both to delete any copies of the transmission and to refrain from any further dissemination of the information herein. 6/3/2008 Page 2 of 2 New IRS rules restrict written federal tax advice from lawyers and accountants. We include this statement in all outbound a-mails because even inadvertant violations may be penalized. Nothing in this message is intended to be used, or may be used, to avoid any penalty under federal tax laws. This message was not written to support the promotion or marketing of any transaction. Contact the sender if you wish to engage us to provide formal written advice as to tax issues. Make every e-mail and IM count. Join the I'm Initiative from Microsoft. 6/3/2008 USBC PAM - LIVE - VERSION 3.1.7L - NoticeOfFiling United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 13 of the United States Bankruptcy Code, entered on 05/28/2008 at 5:36 PM and filed on 05/28/2008. Cathy Brookhart 1911 Spring Road Carlisle, PA 17013 SSN: xxx-xx-7538 The case was filed by the debtor's attorney: Matthew J Eshelman P.O. Box 1080 Camp Hill, PA 17001-1080 717-395-8503 The case was assigned case number 1:08-bk-01899. Page 1 of 2 In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.pamb.uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, Ronald Reagan Federal Building, PO Box 908, Harrisburg, PA 17108. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court PACER Service Center Transaction Receipt 05/28/2008 17:40:50 PACER Lome1986 Client Code: 71brookhart https://ecf.pamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?l 80929 5/28/2008 ?. Li s ka. rt l?1, td, 3H U JO ATJ JUN 0 5 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent V. BARRY L. BROOKHART, Defendant/Petitioner ORDER No. 2002-1836 (Civil Term) CIVIL ACTION - LAW (In Divorce) AND NOW, this /Z, day of 2008, upon consideration of the attached Petition to Stay the Rule to Show Cause and Reissue Same at a Later Date, IT IS HEREBY ORDERED AND DECREED that the Rule to Show Cause be generally continued and at the call of Defendant/Petitioner, the Rule be re-issued after the stay has been lifted in Bankruptcy Court. BY THE COURT: Kevin A. Hess, J. Distribution: -/Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant/Petitioner /David R. Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013, Attorney for Plaintiff/Respondent OIT II &S m"? I Lc l? ?i? MINA-V-SWd kNncig Eta :C Wd Z 1 NW OGOZ 30!2:10-031H Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 1mac1gyAdzmmgj aw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-1836 (Civil Term) V. BARRY L. BROOKHART, Defendant/Petitioner CIVIL ACTION - LAW (In Divorce) PETITION TO REISSUE RULE TO SHOW CAUSE AND NOW, this JISt day of A , 2008, comes Defendant/Petitioner, Barry L. Brookhart, by and through his attorneys, Lindsay Gingrich Maclay, Esquire, of the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and avers as follows: 1. Barry L. Brookhart, an adult individual who resides at 4716 Goodman Road, Roanoke, Virginia, is the Defendant/Petitioner in the above-captioned matter (hereinafter referred to as "Husband") 2. Cathy A. Brookhart, an adult individual who resides at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania, is the Plaintiff/Respondent in the above-captioned matter (hereinafter referred to as "Wife") 3. The parties were previously involved in proceedings before the Honorable Kevin A. Hess regarding the enforcement of a Property Settlement and Separation Agreement (hereinafter "PSSA") entered into by the parties on March 7, 2008, which proceedings are currently stayed because Wife filed for Chapter 13 Bankruptcy on May 28, 2008. 4. On June 3, 2008, Husband filed a Petition to Stay the Rule to Show Cause and Reissue Same at a Later Date, which the Court granted by Order dated June 12, 2008. A copy of the June 3, 2008 Petition is filed as of record with the Court and a copy of the June 12, 2008 Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. On August 5, 2008, the undersigned reviewed the Bankruptcy Court Docket entries for Wife's Bankruptcy proceedings and learned that Wife's Bankruptcy case was dismissed on July 16, 2008 for failure to file required documents under the Bankruptcy Code, Section 521(i)(1). A copy of the Order dismissing Wife's Bankruptcy case is attached hereto as Exhibit "B" and is incorporated herein by reference. 6. Because Wife's Bankruptcy case has been dismissed by the Bankruptcy Court, the stay imposed on the proceedings to enforce the parties' PSSA and for Attorney's Fees is lifted and Husband can now proceed with his Amended Petition to Enforce PSSA and for Attorney's Fees. 7. Because the Court had previously issued a Rule in response to the May 21, 2008 Amended Petition, and in an effort to prevent the further delay of this matter, Husband respectfully requests that the Court promptly reissue a Rule to Show Cause why Husband's relief should not be requested. Husband further requests that said Rule be promptly returnable. 8. Husband has incurred legal fees in excess of the fees previously requested in the May 21, 2008 Petition, in an effort to enforce the parties' March 7, 2008 PSSA. 9. The undersigned contacted counsel for Wife on August 11, 2008 regarding the filing of this Petition. As of the filing of this Petition, the undersigned has not received a response from Wife's counsel regarding this Petition. WHEREFORE, Husband respectfully requests this Honorable Court to reissue a Rule to Show Cause why Husband's May 21, 2008 Amended Petition to Enforce PSSA and for Attorney's Fees should not be granted, which shall be promptly returnable. Husband Further requests an additional One Thousand Five Hundred Dollars ($1,500.00) in attorney's fees for the additional costs he has incurred to enforce the parties' March 7, 2008 Property Settlement and Separation Agreement. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: $ By: Li ds y Gin h D a y, E quire preme Court .#87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant/Petitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this // 4-A day of tOLlaz i s-t .2008. r Notary t70MM01dvVEA?LTH OF PENNSYLVANIA NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Township, Dauphin County commission exoms Novu ba15, 2011. Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent V. BARRY L. BROOKHART, Defendant/Petitioner No. 2002-1836 (Civil Tenn) CIVIL ACTION - LAW (In Divorce) ORDER AND NOW, this day of 1 , 2008, upon consideration of the attached Petition to Stay the Rule to Show Cause and Reissue Same at a Later Date, IT IS HEREBY ORDERED AND DECREED that the Rule to Show Cause be generally continued and at the call of Defendant/Petitioner, the Rule be re-issued after the stay has been lifted in Bankruptcy Court. BY THE COURT: Kevin A. Hess, J. Distribution: Lindsay Gingrich Maclay, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Attorneys for Defendant/Petitioner David R Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013, Attorney for Plaintiff/Respondent Exhibit "B" 521i UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Case No.1:08-bk-01899-MDF Chapter 13 In re: Debtor(s) {name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Cathy Brookhart ORDER DISMISSING CASE UNDER 11 U.S.C. §521(1)(1) It appearing the above-named debtor(s) has/have failed to file documents required pursuant to the Bankruptcy Act of 2005, it is hereby, ORDERED that the case of the above-named debtor(s) be and is hereby dismissed. The trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending actions in this case are hereby dismissed. Dated: 7/16/08 BY THE COURT 77-04DS . United States Bankruptcy Judge This document is electronically signed and filed on the same date. Case 1:08-bk-01899-MDF Doc 8 Filed 07/18108 Entered 07/19/08 02:10:07 Desc Imaged Certificate of Service Page 1 of 2 BankraptcyNotlcingCenter CERTIFICATE OF SERVICE 2525 Network Place, 3rd Floor Herndon, Virginia 20171-3514 District/off: 0314-1 User: BRushow Page 1 of 1 Date Rcvd: Jul 16, 2008 Case: 08-01899 Form ID: 5211 Total Served: 4 The following entities were served by first class mail on Jul 18, 2008. db +Cathy Brookhart, 1911Spring Road, Carlisle, PA 17013-1156 The following entities were served by electronic transmission on Jul 16, 2008. 3020965 +B-mail/PDF: mrdiscen®discoverfinancial.com Jul 16 2008 21:52:26 Discover Bank - DFS Services LLC, POE 3025, New Albany Ohio 43054-3025 3045883 3-mail/Text: resurgentbkr?otificationsoresurgent.com LVNV Funding LLC, c/o Resurgent Capital Services, P.O. Box 10587, Greenville, SC 29603-0587 3040077 B-mail/PDF: rmscedi®recoverycorp.com Jul 16 2008 20:16:45 Recovery Management Systems Corporation, 25 S.B. 2nd Avenue, Suite 1120, Miami, FL 33131-1605 TOTAL: 3 ***** BYPASSED RECIPIENTS ***** NONE. TOTAL: 0 Addresses marked 1+' were corrected by inserting the ZIP or replacing an incorrect ZIP. LISPS regulations require that automation-compatible mail display the correct ZIP. I, Joseph Speetjens, declare under the penalty of perjury that I have served the attached document on the above listed entities in the manner showa, and prepared the Certificate of Service and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (official Form 9): Pursnant to Fed. R. Bank. P. 2002(a)(1? a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This of dal court copy contains the redacted SSN as required by the bankruptcy roles and the Judiciary's privacy policies. Date: Jul 18, 2005 Signature: Case 1:08-bk-01899-MDF Doc 8 Filed 07/18/08 Entered 07/19/08 02:10:07 Desc Imaged Certificate of Service Page 2 of 2 CERTIFICATE OF SERVICE AND NOW, this }h day of Q S? , 2008, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a true and correct copy of the Petition to Reissue Rule to Show Cause, by mailing same by first class mail, postage prepaid, addressed as follows: David R. Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 DALEY ZUCKER MEILTON MINER & GINGRICH, L.L..C By: M a4x Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 C- ? CX A* 12 , rn -r7 F 5 t C- r? '? N o n 4 AUG 13 2008CA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-1836 (Civil Term) V. CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) RULE TO SHOW CAUSE AND NOW, this Ivy day of Av) , 2008, upon consideration of the attached Petition to Reissue Rule to Show Cause and the May 21, 2008 Amended Petition to Enforce Property Settlement and Separation Agreement and for Attorney's Fees, the Court grants a Rule to Show Cause why the Defendant's/Petitioner's requested relief should not be granted. Rule Returnable within L° days after service. BY THE COURT: ?t? ??1???'E.`??3 ,n ?- ?,a??-: ? \ ??,? 8?0? n,_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-1836 (Civil Term) V. CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) MOTION TO MAKE RULE ABSOLUTE AND NOW, this 9th day of September, 2008, comes the Petitioner, Barry L. Brookhart, by and through his counsel, Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and respectfully represents: 1. The Petitioner is Barry L. Brookhart, the Defendant in the above- captioned matter. 2. The Respondent is Cathy A. Brookhart, the Plaintiff in the above- captioned matter. 3. The parties were previously involved in proceedings before the Honorable Kevin A. Hess regarding the enforcement of a Property Settlement and Separation Agreement (hereinafter "PSSA") entered into by the parties on March 7, 2008, which proceedings were stayed because Wife filed for Chapter 13 Bankruptcy on May 28, 2008. 4. On June 3, 2008, Husband filed a Petition to Stay the Rule to Show Cause and Reissue Same at a Later Date, which the Court granted by Order dated June 12, 2008. 5. On August 5, 2008, the undersigned discovered that Wife's Bankruptcy case was dismissed on July 16, 2008 for failure to file required documents under the Bankruptcy Code, Section 521(1)(1). 6. Because Wife's Bankruptcy case had been dismissed by the Bankruptcy Court, the stay imposed on the proceedings to enforce the parties' PSSA and for Attorney's Fees was lifted. 7. On August 11, 2008, Petitioner filed a Petition to Reissue Rule to Show Cause in the above-captioned matter, which Petition was served the same day via U.S. Mail, Postage Pre-paid, Respondent, Cathy A. Brookhart, by and through her attorney, David R. Yoder, Esquire. 8. This Honorable Court issued a Rule to Show Cause regarding said Petition on August 15, 2008, which Rule was returnable twenty (20) days after service. 9. On August 19, 2008, a copy of said Rule was also served via regular U.S. Mail upon Cathy A. Brookhart, by and through her attorney, David R. Yoder, Esquire. 10. As of the date of the filing of this Petition to Make Rule Absolute, the docket was checked by the undersigned's paralegal and no response has been filed on behalf of Respondent, Cathy A. Brookhart. 11. As of the date of the filing of this Petition to Make Rule Absolute, the undersigned has received nothing from Attorney David R. Yoder in response to said Petition. 12. The allotted time frame within which Respondent could respond has now elapsed. WHEREFORE, Petitioner respectfully requests this Honorable Court find Respondent in contempt of court for failure to abide by the provisions set forth in the PSSA, dated March 7, 2008. Petitioner further requests that this Honorable Court award him Three Thousand Five Hundred ($3,500.00) Dollars in attorney's fees and interest on his equitable distributions payments as due and payable under the PSSA. Petitioner further requests this Honorable Court enter judgment against Respondent and in favor of Petitioner in the amount of Twenty-Eight Thousand Five Hundred ($28,500.00) Dollars ($25,000.00 for the obligation under the PSSA and $3,500.00 for additional attorney's fees and interest on the payments due under the parties' PSSA). Husband further requests that this Honorable Court file the judgment of record and record same in the Office of the Cumberland County Recorder of Deeds in and for Cumberland County, Pennsylvania as against the former marital residence, located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH. LLC By: 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Defendant/Petitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: ) COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. S rn to and sub c 'bed be re thi day of , 2008. N ary Public of SYLv 0WOMMAL NOTARIAL MAL PATRICIA A. PATTON, Nolaty Pubis Lower Pow Twp., Da #in Cou* w rAffni Bien Exerea Juae 20.20`10 CERTIFICATE OF SERVICE AND NOW, this ojrh day of Y , 2008, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a true and correct copy of the Motion to Make Rule Absolute, by mailing same by first class mail, postage prepaid, addressed as follows: David R. Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: 'Pka G z In. D4W Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 IN THE COURT OF COMMON LEAS OF THE NINTH JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERLAND COUNTY Cathy A. BROOKHART, Plaintiff V. Barry L. BROOKHART, Defendant Civil Action- Law Docket 2002-1836 Civil Term IN DIVORCE Answer to Reissued Rule AND NOW comes Cathy A. Brookhart, by and through her attorney, David R. Yoder, and respectfully represents to the Court: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, Cathy provided all the documentation required to her bankruptcy counsel, Matthew Eshleman, Esquire, for the filing of a plan under Chapter 13 of the Bankruptcy Code, including all information regarding the Agreement with Defendant. Mr. Eshleman failed to file the plan, and all attempts to contact him by her, and by undersigned counsel have failed up to the present date. Cathy is retaining new bankruptcy counsel, Dorothy Mott, Esquire, to refile her case, and successfully address all her obligations. 6. Admitted. 7. Cathy is without knowledge as to Defendant's state of mind with regard to the action's status, and the need for speed in the matter is unproven. Cathy has not indicated a desire to leave the jurisdiction, avoid the underlying obligation to Defendant, or obstruct collection of same. Cathy filed bankruptcy in order to relieve her situation of debts she has previously represented to this Court as depriving her of the ability to pay Defendant and her current living expenses. 8. Denied. Cathy is without knowledge of the legal fees allegedly incurred or the necessity for same; furthermore, because she has continued to assure Defendant and Defendant's Counsel of her willingness to forward all proceeds (up to the original amount ordered by the Agreement) of her lawsuit against prior counsel Marcus McKnight III, Esquire, as provided in the Agreement, she denies that the additional litigation has been needed. In addition, the amount claimed appears excessive and unreasonable. 9. Admitted as stated. Cathy's undersigned counsel was in Reading, Pennsylvania for an extended period assisting his parents during his father's surgery, and his voicemail did not forward as programmed. 10. A hearing to determine the necessity for further protection of Defendant's right to payment is requested. WHEREFORE, Plaintiff Cathy A. Brookhart respectfully requests this Honorable Court to convene a hearing on the issue of payment, determine that she is without fault in the matter, dismiss the Petition, deny Defendant attorney's fees, and/or grant Plaintiff such other relief as the Court deems just. R ctfully submitted, David R. Yoder, Attorney for Plaint' Pa. Att'y ID 76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 430.11 Date: A?ngwZ Cathy A. Brookhart 1 Certificate of Service The undersigned certifies that, upon the date specified below, a true and correct copy of the foregoing document was served by United States mail, first class delivery, to: Lindsay Gingrich Maclay, Esquire Daley Zucker Miner & Gingrich 1029 Scenery Drive, Harrisburg PA 17109 Date: avid R. Yoder Pa. Attorney ID 7681 `? --o ?!? _ --ass ? .? ??. .?- ? ?_? ? < ? ? ?= . ?? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-1836 (Civil Term) V. BARRY L. BROOKHART, Defendant/Petitioner CIVIL ACTION - LAW (In Divorce) MOTION TO STRIKE PLAINTIFF/RESPONDENT'S ANSWER TO REISSUED RULE AND NOW, this 12'' day of September, 2008, comes the Petitioner, Barry L. Brookhart, by and through his counsel, Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and respectfully represents: 1. The Petitioner is Barry L. Brookhart, the Defendant in the above- captioned matter. 2. The Respondent is Cathy A. Brookhart, the Plaintiff in the above- captioned matter. 3. The parties were previously involved in proceedings before the Honorable Kevin A. Hess regarding the enforcement of a Property Settlement and Separation Agreement (hereinafter "PSSA") entered into by the parties on March 7, 2008, which proceedings were ultimately stayed because Wife filed for Chapter 13 bankruptcy on May 28, 2008. PROCEDURAL HISTORY 4. On Friday, March 7, 2008, the parties attended an Equitable Distribution Hearing with E. Robert Elicker, Il, Esquire wherein they were able to reach an agreement regarding distribution of the marital property and marital debt. 5. During said Hearing, counsel for Wife advised that in order to make payment to Husband under the equitable distribution scheme proposed, Wife would have to file for bankruptcy to rid herself of some of her unsecured credit card debt. 6. On May 1, 2008, Husband filed a Petition to Enforce Property Settlement and Separation Agreement (hereinafter "PSSA") and for Attorney's fees due to non- payment by Wife of her obligations to Husband under said PSSA. 7. On May 8, 2008, during a telephone conversation with Attorney Matthew Eshelman (hereinafter "May 8t' Telephone Call"), counsel for Husband was advised that Wife intended to file a Chapter 13 bankruptcy in which she planned to list Husband as a "Tier 1 unsecured `non-priority' claim" in her bankruptcy. When the undersigned inquired as to what that meant for her client, Attorney Eshelman advised, "the only way [Husband] gets paid is if Wife is successful in her suit against [her former counsel]." 8. On May 16, 2008, counsel for the parties attended an In-Chambers conference where counsel for Wife assured the Court and the undersigned that it was "never [his] client's intention to discharge her obligation to [Husband]," and during which this Court requested the undersigned cite appropriate authority to this Court to allow this Court to enter judgment against Wife and in favor of Husband in order to protect Husband's interests under the parties' PSSA. 9. On May 16, 2008, after the In-Chambers conference, counsel for Wife sent the Court a letter advising that he was to be out of town from May 19 through May 24, 2008 and requested that the Court make the Rule returnable on or after May 28, 2008. 10. On May 20, 2008, the undersigned filed an Amended Petition to Enforce the Parties' PSSA and for Attorney's fees, which Petition cited to authority which would permit this Court to enter judgment against Wife and lodge same as of record against the former marital residence. 11. On May 21, 2008, the Court issued a Rule to Show Cause in response to Husband's May 20, 2008 Amended Petition to Enforce PSSA which provided counsel for Wife, seven (7) days from the date of service, to provide a response as to why Husband's requested relief should not be granted. 12. The seventh (7t') day from date of service was May 29, 2008. 13. On May 28, 2008, counsel for Wife contacted the undersigned's assistant at which time he advised that he consulted with his client; had conducted some research; and that he would not be filing anything in response to the Rule and he would let the Court make the decision on the requested relief without any additional input from him. 14. On May 28, 2008, the undersigned received and e-mail and Notice from Attorney Eshelman, that Wife had filed a Chapter 13 bankruptcy on that date at 5:36 p.m. Attorney Eshelman advised in his e-mail that the undersigned is stayed from proceeding with this matter until a final discharge or determination has been made in the bankruptcy proceeding. 15. On June 3, 2008, Husband filed a Petition to Stay the Rule to Show Cause and Reissue Same at a Later Date, which the Court granted by Order dated June 12, 2008. 16. On August 5, 2008, the undersigned discovered that Wife's bankruptcy case was dismissed on July 16, 2008 for failure to file required documents under the Bankruptcy Code, Section 521(i)(1). 17. Because Wife's bankruptcy case had been dismissed by the Bankruptcy Court, the stay imposed on the proceedings to enforce the parties' PSSA and for Attorney's Fees was lifted. 18. On August 11, 2008, Petitioner filed a Petition to Reissue Rule to Show Cause in the above-captioned matter, which Petition was served the same day via U.S. Mail, Postage Pre-paid on Respondent, Cathy A. Brookhart, by and through her attorney, David R. Yoder, Esquire. 19. This Honorable Court issued a Rule to Show Cause regarding said Petition on August 15, 2008, which Rule was returnable twenty (20) days after service. 20. As David R. Yoder, Esquire, is counsel of record for Respondent, he should have received a copy of the August 15, 2008 Rule directly from the Court, as did the undersigned, on August 19, 2008. 21. On August 19, 2008, the undersigned also served a copy of said Rule via regular U.S. Mail upon Cathy A. Brookhart, by and through her attorney, David R. Yoder, Esquire. 22. The August 15, 2008 Rule to Show Cause was returnable September 8, 2008, at the latest. 23. The undersigned did not file the Petition to Make Rule Absolute until September 10, 2008. 24. Counsel for Wife filed the Answer to Reissued Rule on September 11, 2008. 25. Said filing was untimely and, therefore, should be stricken from the record, should not be considered by this Honorable Court, and pursuant to Pa. R.C.P. 206.7(a), all of Petitioner's averments of fact in his Petition to Reissue Rule and Motion to Make Rule Absolute should be deemed admitted and an appropriate Order should be entered. WHEREFORE, Petitioner respectfully requests this Honorable Court strike Respondent's Answer to Reissued Rule; refuse to consider Respondent's Answer to Reissue Rule; deem admitted, all of Petitioner's averments of fact in his Petition to Reissue Rule, Motion to Make Rule Absolute and the underlying Petition to Enforce PSSA and for Attorney's Fees; and further requests this Court to enter the Order in the form attached finding Respondent in contempt of court for failure to abide by the provisions set forth in the PSSA, dated March 7, 2008; awarding Petitioner Three Thousand Five Hundred ($3,500.00) Dollars in attorney's fees and interest on his equitable distributions payments as due and payable under the PSSA; entering judgment against Respondent and in favor of Petitioner in the amount of Twenty-Eight Thousand Five Hundred ($28,500.00) Dollars ($25,000.00 for the obligation under the PSSA and $3,500.00 for additional attorney's fees and interest on the payments due under the parties' PSSA); and file the judgment of record and record same in the Office of the Cumberland County Recorder of Deeds in and for Cumberland County, Pennsylvania, as against the former marital residence, located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania. Respectfully Submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: Adrney I.D. ? 88954 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Defendant/Petitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief to and CERTIFICATE OF SERVICE 1 kh AND NOW, this ? L day of { FYI 2008, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a true and correct copy of the Motion to Make Rule Absolute, by mailing same by first class mail, postage prepaid, addressed as follows: David R. Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: 4anda. M. Shull, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 C3 c C) -r• ?-? - tJ)- ??? ?^? ?. t?tt .? ?2?,-, ? r " ? . ? } ?' ?=- N "` ETA SEE 22008 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERLAND COUNTY .Cathy A. BROOKHART, Civil Action- Law Plaintiff V. Docket 2002-1836 Civil Term Barry L. BROOKHART, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 2561 day of , 2008: After consideration of the within Answer, the Court orders that a Pre-Hearing conference to discuss the issues to be determined by the Court shall be held in chambers on the 04day of (Rbr > , 2008, at//; 00 o'clock, [ AM ice] after which a hearing shall be scheduled. [OR] After consideration of the within Answer, this Court orders a hearing to be held in Courtroom No. on the day of , 2008 at o'clock, [ AM PM ] . BY THE COURT: . I , Li. G!3 I t f 6_ N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY A. BROOKHART, Plaintiff/Respondent No. 2002-1836 (Civil Term) V. CIVIL ACTION - LAW BARRY L. BROOKHART, Defendant/Petitioner (In Divorce) ORDER -F ll. 3 ev-6 "- C01J..,_J a.,.A AND NOW, this 2.f" day of OchL.y , 2008,Aupon consideration of the attached Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DECREED that Plaintiff/Respondent is FOUND in contempt of the Parties' March 7, 2008 Property Settlement and Separation Agreement (PSSA). IT IS FURTHER ORDERED that Plaintiff/Respondent shall pay Three Thousand Five Hundred ($3,500.00) Dollars toward Husband's attorney's fees and interest. IT IS FURTHER ORDERED AND DECREED that judgment shall be entered against Plaintiff/Respondent and in favor of Defendant/Petitioner in the amount of Twenty-Eight Thousand Five Hundred ($28,500.00) Dollars ($25,000.00 for the obligation under the PSSA and $3,500.00 for additional attorney's fees and interest due under the parties' PSSA) and that said judgment shall be filed of record and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as against the former marital residence, located at 1911 Spring Road, Carlisle, Cumberland County, Pennsylvania. BY THE COURT: Kevin A. Hess, J. Distribution: Xndsay Gingrich Maclay, Esquire,/ Scenery Drive, Harrisburg, Pennsylva: mid R. Yoder, Esquire, P.O. Plaintiff/Respondent 11 zley Zucker Meilton Miner & Gingrich, LLC, 1029 4-4vZe iia 17109, Attorneys for Defendant/Petitioner Box 215, Carlisle, PA 17013, Attorney for tom. ? mew ^ ' 4