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02-1969
TERRY A. GARLICK, Plaintiff V. MARKA. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL. ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT$ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt actio . You are warned that if you fail to do so, the case may proceed without you and?a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable (breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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, TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TERRY A. GARLICK, :IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND PENNt)(LVANIA V. :NO. a - ! I MARKA. GARLICK, : CIVIL ACTION - DIVORCE Defendant COMPLAINT UNDER SECTION 3301(c) or 3301(4) OF THE DIVORCE CODE 1. Plaintiff is Terrie A. Garlick, who resides at 1568 Baltimore Road, Dillsburg, Pennsylvania 17019. 2. Defendant is Mark A. Garlick, who, upon information and belief, resides at 512 Chickadee Drive, Mechanicsburg, Pennsylvania 170551, 3. Plaintiff and Defendant have been bona fide residents of this Commonwealth for at least six months immediately previous to the fling of this Complaint. 4. Plaintiff and Defendant were married on November 18, 1983, in Cumberland County, Pennsylvania. 5. The parties have been living separate and apart since on or about March, 2000, a date prior to the filing of this Complaint. 6. There have been no prior actions of divorce or for annulm nt between the parties. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. Plaintiff and Defendant are both citizens of the United 9. Plaintiff has been advised of the availability of marriage and of the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff waives the right to request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. Plaintiff avers that this ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter a Decree of Divorce. DATED: 2.0o2 14orELF. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-02 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understaGnd that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4004 relating to unworn falsification to authorities. w O U I?b c r° cz f? f ? i7 L C.J ?tTI ?{ ^? ? rT fl1 ? TERRY A. GARLICK, Plaintiff V. MARKA. GARLIM Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1969-Civil CIVIL. ACTION - DIVORCE PRAECIPE TO REINSTATE To The Prothonotary: Please reinstate the above-captioned Complaint. Respectfully submitted, DATED: 10-2 or .Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 r o M am v mFT-! -) c -4 is _.? cn N w -=,m ..a -< TERRYA GARLIM :IN THE COWP OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1969-Civil MARK A. GARLICK, : CIVIL ACTION - :DIVORCE Defendant PRAECIPE TO REINSTATE To The Prothonotary: Please reinstate the above-captioned Complaint. DATED: / 11 7 9"a 2, Respectfiilly submitted, Nora Blair Sup a Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-3.428 C . . ??y CA) TERRY A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969-Civil CIVIL ACTION - DIVORCE PRAECIPE TO REINSTATE To The Prothonotary: Please reinstate the above-captioned Complaint. Respectfully submitted, DATED: 3- 6 n,'3 Aor F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 tT.. C-1 " 4T - G c/myfiles/brian/suits 03/Garlick M. TERRY A. GARLICK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PEN SYLVANIA Plaintiff VS. NO: 02-1969 MARK A. GARLICK, Defendant : CIVIL ACTION - DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Defendant, Mark A. Garlic , in the above captioned action. Date:` - BRIANtC LINSENBA H, ESQUIRE PA Supreme Court ID N c). 87360 Attorney for Defendant Schrack & Linsenbach Lw Offices 124 West Harrisburg Str et Post Office Box 310 Dillsburg, PA 17019 (717) 432-9733 Fax (7 7) 432-1053 ? ? " ?' ?. ??- -,, ?? ?. ?. -r? a: ?? ?7j ?' '. --?, ;? c;' cr - _,. ;;' ?-_ ?_ `?- ?- ?_:`? ? >= C: • • =- TERRIE A. GARLICK, Plaintiff v. MARKA. GARLIM Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUN'T'Y, PENNSYLVANIA : NO. 02-1969-Civil CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Brian C. Linsenbach, Esquire, am the Attorney for the Defendant, Mark A. Garlick, in the above-captioned matter. In that capacity, I am authorized to and have accepted service of the Complaint in Divorce, as of this the 9' day of April, 2003. Brian C. Linse ach, Esquire Attorney for Defendant SCHRACK & LINSENBACH 124 West Harrisburg Street PO Box 310 Dillsburg, PA 17019-0310 i_., W _ ?5,. 6-- .r..a ?.? , ? ? a ,,,,. J ?: r ? ? ?? ?nn ? ? ? 1 ?? (_ ? ? d---. ? F -4 ly ,. „ h TERRIE A. GARLICK, Plaintiff V. MARKA. GARLIM Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969-Civil CIVIL ACTION - DIVORCE ADDITIONAL COUNT TO DIVORCE COMPLAINT FOR EQUITABLE DISTRIBUTION And now comes Terrie A. Garlick and by and through her attorney, Nora F. Blair, Esquire files these Additional Count to Divorce Complaint for Equitable Distribution and in support thereof avers as follows: 1. A Complaint under Section 3301(c) or 3301(d) of the Divorce Code was filed in the above-captioned matter on April 22, 2002, reinstated October 23, 2002, reinstated December 3, 2002, and reinstated March 10, 2003. 2. Said Divorce Complaint set forth a Complaint for Divorce under Section 3301(c) or 3301(d) of the Divorce Code. 3. Plaintiff now desires to file an additional count to the Divorce Complaint. COUNTI EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 4. The prior paragraphs of this pleading and of the Complaint in Divorce are incorporated herein by reference thereto. 5. The parties have accumulated various items of property both real and personal during the marriage. 6. Upon information and belief Defendant has various items of premarital property that have increased in value during the marriage. 7. The parties have been unable to agree upon an appropriate distribution of the marital assets. 8. Plaintiff desires that the Court equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WIIR.F.FORE, Plaintiff respectfully requests that Your Honorable Court enter an Order equitably distributing the marital property pursuant to Section 3502 of the Divorce Code. Respectfully submitted, DATED: Nor . Blair Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 TERRIE A. GARLICK, Plaintiff V. MAR.KA. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969-Civil : CIVIL. ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Additional Count to Divorce Complaint for Equitable Distribution on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Brian C. Linsenbach, Esquire SCHRACK & LINSENBACH 124 West Harrisburg Street PO Box 310 Dillsburg, PA 17019-0310 Date: December 1, 2003 Respectfully submitted, or F. Blair Ilk C*) e c ) 9 TERR,IE A. GARLIM Plaintiff V. MARK A- (ARUM Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969-Civil : CIVIL ACTION - DIVORCE DWENTORY AND APPRAISEMENT OF TERRIE A. GARLICK Terrie A. Garlick, Plaintiff, files the following inventory of all property owned or possessed by either party at the time of the parties' separation (March 2000). Terrie A. Garlick, plaintiff, verifies that the statements made in this Inventory and Appraisement are true and correct. Terrie A. Garlick, Plaintiff, understands that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: II? ??? j C\`?=?GLL Terrie A. A. Garli ASSETS OF THE PARTIES Terrie A. Garlick, Plaintiff, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) 1. Real property (x) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money markets and savings certificates ( ) 7. Contents of safe deposit box ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home (x) 15. Business (list all owners, including percentage of ownership and , officer/director positions held by a party with company) ( ) 16. Employment termination benefits (severance pay, worker's compensation claim/ award, etc.) ( ) 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual retirement accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/VA benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total categor y and attach itemized list if distribution of such assets is in dis ute) ( ) 26. p Other MARITAL ASSETS Terrie A. Garlick, Plaintiff, lists all marital property in which either or both spouses have a legal or equitable interest individually or with another person as of the date of separation (March, 2000): I. REAL PROPERTY rrfW NUMBER ESCRIPTION OF PROPERTY WNERS VALUEAT SEPARATION CURRENT VALUATION 1. Aarital. residence 1568 H & W 138,000.00 altimore Road, Dillsburg, Cork County, Pennsylvania 2 Ed 8 acres) in Bradford H & W 28,0 , Pennsylvania H. MOTOR VEHICLES PPENI NUMBER ESCREMON OF PROPERTY WNERS VALUE AT ARATION CURRENT ALUATION 3. 997 Chevy Tahoe* W 9,500.00 4. 997 Chevrolet Impala - H 7,000.00 5. 991 Dodge Ram H 4,000.001 6. 972 Monte Carlo H 5,000.00 III. STOCKS, BONDS, SECURITIES AND OPTIONS ITEM VALUE AT CURRENT NUMBER DESCRIPTION OF PROPERTY WNERS ARATION ALUATION IV. CERTIFICATES OF DEPOSIT ITEM VALUEAT CURRENT NUMBER FSCRIPTION OF PROPERTY WNERS SEPARATION VALUATION V. CHECKING ACCOUNTS, CASH ITEM NUMBER DESCRIPTION OF PROPERTY WNERS VALUE AT SEPARATION CURRENT VALUATION 7. heck from IRS - 2001 H & W 12,749.00 ederal tax refund 8. heck from Pennsylvania -- H & W 134.00 001 state tax refund 9. heck from Maryland -- 2001 H & W 186.00 ;ax refund 10. embers First checking H & W sed for bills VI. SAVINGS ACCOUNTS, MONEY MARKETS AND SAVINGS CERTIFICATES rfum NUMBER DESCRIPTION OF PROPERTY WNERS VALUE AT sEPARATION CURREN'T' VALUATION 11. embers First savings H & W sed for bills VII. CONTENTS OF SAFE DEPOSIT BOX I I VALUE AT ('''!URRE`•7T PROPERTY WNER4 F.PARAMr%?j IATTTAmr v VIII. TRUSTS ITEM VALUE AT CURRENT NUMBER ESCRIPTION OF PROPERTY WNERS ARATION ALUATION DC LIFE INSURANCE (indicate face value, cash surrender value and current beneficiaries) ITEM NUMBER ESCRIPTION OF PROPERTY WNERS VALUE AT SEPARATION V CURRENT ALUATION 12. DS Life $100,000.00 term nsurance on husband H 13. ighmark term insurance 300,000.00 w X ANNUITIES 1TEbi NUMB ER ESCRIPTION OF PROPERTY WNERS VALUEAT EPARATION CURREN T ALUATION XI. GEM ITEM NUMBER ESCREMON OF PROPERTY WNERS VALUE AT ARATION CURRENP ALUATION xH. INHERrrANCES ITEM VALUE AT CURRENT NUMBER DESCRIPTION` OF PROPERTY WNERS SEPARATION VALUATION XIII. PATENTS, COPYRIGHTS, INVENTIONS, ROYALTIES ITEM VALUE AT CURRENT NUMBER ES(,REMON OF PROPERTY OWNERS sEPARATION ALUATION XIV. PERSONAL PROPERTY OUTSIDE THE HOME RENT ITEM VALUE AT 12DA11ON NUMBER DESCRIPTION OF PROPERTY OWNERS ARATION XV. BUSINESS (list all owners, including percentage of ownership, and officer/director positions held by a party with the company) ITEM NUMBER ESCRIMON OF PROPERTY OWNERS VALUE AT SEpARATION CURRENT ALUATION 14. 1ed Wing shoe stores H XVI. EMPLOYMENT TERMINATION BENEFITS _ SEVERANCE PAY, WORKERS COMPENSATION CLAMS/AWARDS (include accumulated vacation and sick leave) ITEM VALUE AT CURRENT NUMBER ESCRIPTIONOFPROPERTY OWNERS SEPARATION VALUATION XVII. PROFIT SHARING PLANS ITEM VALUE AT CURRENT NUMBER ESCRIPTIONOFPROPERTY OWNERS ARATION ALUATION XVM. PENSION PLANS (indicate employee contribution and date plan vests) ITEM VALUE AT CURRENT NUAHIER ESCRIPTIONOFPROPERTY WNERS SEPARATION VALUATION 15. ghmark Pension* W XIK RETIRFTIIF_NT PLANS, INDIVIDUAL RFTfRF.MF.NT ACCOUNTS ITEM NUMER ESCRIPTION OF PROPERTY WNERS VALUE AT SEPARATION CURRENT VALUATION 16. mployment 401(k) managed y IDS* w 195,000.00 17. oth IRA* W 6,000.00 18. oth IRA H 4,000.00 XK DISABILITY PAYMENTS ITEM VALUE AT CURRENT ESCRIPTIONOFPROPERTY WNERS EPARATION ALUATION M. 1MGATION CLAIMS (matured and unmatured) ITEM VALUE AT CURREN T NUAMER ON OF PROPERTY WNERS EPARATTo ALUATION XXII. AHLITARYN A. BENF FUS ITEM VALUE AT CURRENT NUMBM ESCRIPTION OF PROPERTY WNERS SEPARATION VALUATION 30M. EDUCATION BENEFITS ITEM VALUE AT CURRENT NUMBER ESCRIPTION OF PROPERTY WNERS ARATION ALUATION XXIV. DEBTS DUE, INCLUDING LOANS, MORTGAGES HELD rTEM VALUE AT CURRENT NUMBER DESCRIPTION OF PROPERTY WNERS SEPARATION VALUATION XXV. HOUSEHOLD FURNISHINGS AND PERSONALTY (include as a total category and attach itemized list if distribution of such assets is in dispute) ITEM NUMBER DESCRIPTION OF PROPERTY WNERS VALUE AT SEPARATION CURRENT VALUATION 19. amper (repossessed after H & W 12,000.00 ate of separation) 20. ousehold furniture and w 1,500.00 rnishings* 21. nowblower & riding w 1,500.00 awnmower* 22. carat diamond ring, w 3,500.00 ngagement ring, 1/2 carat , anzanite ring, emerald topaz, pal, sapphire rings, costume ewelry* 23. usical instrument* W 750.00 24. krtwork in Defendant's H & W 5,000.00 ssession including but not 'mited to Ned Smith signed d numbered print and L S ned and numbered Red ig - prints ing 25. ousehold furniture and H & W 500.00 rnishings in Defendant's ssession ITEM VALUEAT CURRENT NUMBER DESCRIPTION OF PROPERTY WNERS SEPARATION VALUATION These items are not subject to equitable distribution because Defendant's right to equitable distribution was extinguished in the Chapter 13 Bankruptcy filed by Plaintiff. Defendant is being paid through the Chapter 13 Plan as an unsecured creditor of Plaintiff. NON MARITAL PROPERTY Terrie A Garlick, Plaintiff, lists all property in which a party has a legal or equitable interest which is claimed to be excluded from marital property: OWNER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION PROPERTY TRANSFERRED ITEM DATE OF NSIDER- IBLR DESCRIPTION OF PROPERTY ATION TRANSFEREE LIABILITIES ITEM NUMFIER DEBTORS CREDITORS SECURED PROPERTY AMOUNT OWED 1. H & W Z?ountrywide Home Loans Warital residence 114,622.00 2. W Forte Music usical instruments 750.00 3. H & W range Mortgage Co. land -- 18 acres 12,000.00 4. H & W azareth National Bank amper (repossessed) 12,000.00 5. W ?oan against 401(k) 01(k) -- loan proceeds sed to purchase marital sidence 11,860.00 5. W Loan against 401(k) 01(k) -- loan proceeds used to purchase land -- 18 ores 9,050.00 TER.RIE A. GARLICK, Plaintiff V. MARKA. GARLIM Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1969-Civil CIVIL ACTION- DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Inventory and Appraisment of Terrie A. Garlick on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Date: Iz-,-?; Brian C. Linsenbach, Esquire SCHRACK & LINSENBACH 124 West Harrisburg Street PO Box 310 Dillsburg, PA 17019-0310 Respectfully submitted, .Nora F. Blair Supreme Court ID 45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 - e b ? M ,r ? ? vrn c -c TERRIE A. GARLICK, Plaintiff V. MARKA. GARLICK, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1969-Civil CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATEMENT OF TERRIE A. GARLICK SUBMITTED BY Terrie A. Garlick 1568 Baltimore Road Dillsburg, Pennsylvania, 17019 AGE: 42 STATUS: Separated HEALTH: Good EMPLOYER: Highmark Blue Shield LENGTH OF SERVICE: 20 years PRIOR EMPLOYER: Kinney Service Corporation (Footlocker) LENGTH OF SERVICE: 2.5 years EDUCATION, TRAINING, AND SKILLS: High School Diploma --1979 Associated Degree - 1981 Bachelors of Arts -- 1999 Per Pay Weekly Monthly Yearly GROSS EARNED INCOME 3,852.54 100,166.04 DEDUCTIONS: Federal Income Tax 584.61 15,199.86 State Income Tax 105.84 2,751.84 F.I.C.A. 5,394.00 Medicare Tax 54.91 1,427.66 Local Tax 47.25 1,228.50 PA Unemployment .75 19.50 Life Insurance 790.66 Medical/Hospital/Dental insurance 1,201.20 Mandatory Pension Voluntary Retirement (401(k)) 77.06 2,003.56 Savings Bonds 401(k) loan 170.07 4,421.82 TOTAL DEDUCTIONS 34,438.60 NET EARNED INCOME 65, 727.44 OTHER. INCOME: Child Support Spousal Support/APL Interest Dividends Pension FOther Retirement Annuity Per Pay Weekly Monthly Yearly Social Security Rental Income Royalties Expense Account Gifts Unemployment Compensation Workers Compensation Highmark Optional Incentive 6,633.34 TOTAL OTHER. INCOME 6,633.34 TOTAL NET INCOME 72,360.78 CURRENT EXPENSES: HOME: Mortgage (Marital residence) 1,427.00 17,118.00 Mortgage (Land) 2,204.16 Rent Maintenance 2,868.22 UTILITIES: Electric 1,466.13 Gas Oil (hearing fuel) 565.00 Telephone 1,287.46 Trash Collection 195.00 Water Per Pay Weekly Monthly Yearly Sewer Cable Television 924.72 EMPLOYMENT: Public Transportation Parking Lunch Education Supplies/Equipment Memberships TAXES: Real Estate (Land) 442.49 Income (Not set forth above) 14.12 Personal Tax 29.60 INSURANCE: Homeowners (Not in mortgage) Automobile 1,328.00 Life (IDS) 480.12 Accident Health (Not deducted from pay) Disability AUTOMOBILE: Payment Fuel 2,320.29 -Maintenance/Repairs 1,669.19 MEDICAL (After insurance payment): Doctor 282.00 Per Pay Weekly Monthly Yearly Dentist 60.00 Orthodontist Hospital 35.00 Prescription Medication 152.81 Over the Counter Medication Special Needs 255.00 EDUCATION: Private School Parochial School College Religious PERSONAL: Clothing 2,145.20 Food 6,774.46 Barber/Hairdresser 944.47 Laundry and dry cleaning CREDIT CARDS: American Empress 2,783.86 CHARGE ACCOUNTS: LOANS: VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: 111,26103 TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 02-1969-Civil CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Income and Expense Statement of Terrie A. Garlick on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Date: N! /- U) Brian C. Linsenbach, Esquire SCHRACK & LINSENBACH 124 West Harrisburg Street PO Box 310 Dillsburg, PA 17019-0310 Respectfully submitted, Nor.+F. Blair - Supreme Court ID 45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 Z?G1 ter' n " 7-1 ? ? ni ? ? ?? 'Tee IN THE COURT OF COMMON-PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff No. 02-1969 vs. MARK A. GARLICK In Divorce Defendant MOTION TO WITHDRAW 1. Penny V. Ayers, Esquire, of Blakey, Yost, Bupp & Rausch, LLP began representing the Defendant, Mark A. Garlick, in May, 2004. 2. The firm of Blakey, Yost, Bupp, & Rausch, LLP has repeatedly asked Mr. Garlick to make regular and timely payments toward his bill. 3. The Defendant has failed to make regular and adequate payments toward his bill. Presently, he owes the firm $3,074.58 in fees and costs. 4. On the above-stated grounds, Counsel seeks leave to withdraw from the representation of Defendant for the divorce action. WHEREFORE, Blakey, Yost, Bupp & Rausch, LLP hereby requests permission to withdraw as counsel for the Defendant in the above-captioned matters. Respectfully submitted, BLAKEY, YO , B PP & BAUSCH, LLP 1 By: P y V. Ayer44 Esq re orney for D ,-fen nt 17 East Mark : Str et York, PA 17401 Telephone (717) 845-3674 Supreme Ct. I.D. #84751 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff No. 02-1969 VS. : MARK A. GARLICK In Divorce Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing document on the person and in the manner indicated below: Service by first class mail on: Nora F. Blair, Esquire 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 Mark A. Garlick P0Box210 East Berlin PA 17316 Date: 1 7/ 3 164 BLAKEY, YO , 4ers,sq AUSCH, LLP By: P nny V. A re upreme C 51 Cf'_7 X m w cn l , uD i :l ?t Ca °"C CJ"! DEC 3 ? 70041 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff No. 02-1969 vs, MARK A. GARLICK In Divorce Defendant RULE TO SHOW CAUSE ?7 AND NOW, this day of 200? , upon consideration of the Petition of Penny V. Ayers, Esquire, to Withdraw as Counsel, IT IS HEREBY ORDERED THAT: A rule is issued upon the Defendant, Mark A. Garlick, to show cause why the Petitioner is not entitled to the relief requested. Rule returnable twenty (20) days after service. ?? t~ I `7 z. .'? :?„, i, :, ?? ? ! t . - . ? }, ? . ?.- ? ?"5, ?y ,7 ?, } ? ? G ? ?y, ' _- c ? ( . t3?? t ' ?' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff No. 02-1969 VS. MARK A. GARLICK In Divorce Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Pule to Show Cause why Penny V. Ayers, Esquire, should not be granted permission to withdraw from the above case, on the persons and in the manner indicated below: Service by first class mail on: Nora F. Blair, Esquire 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 Mark A. Garlick P O Box 210 East Berlin PA 17316 BLAKEY/YAT,13UPP & RAUSCH, LLP Date: February 3, 2005 Norma M. Doll Par 47-East l4Iarket Street York, PA 17401 ??! P'?.J ..., gy p. ? i ;e? r-? ;i i ? i l A ? ...,., GJ ..;1„ _,i r,-? ? ? ? cr,, ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff No. 02-1960 V5. MARK A. GARLICK In Divorce Defendant PLAINTIFF'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE PURSUANT TO Pa. R.C.P. No 206.7 COMES NOW, the Petitioner, Penny V. Ayers, Esquire, and respectfully moves this Court to make absolute the Rule which was issued on the Respondent, Mark A. Garlick, to show cause why Petitioner should not be granted leave to withdraw as counsel, and in support thereof makes the following averments: The Petitioner filed her Motion to Withdraw as counsel for Mark A. Garlick on December 29, 2004, a copy of which was served on Mr. Garlick and on counsel for Mrs. Garlick by First Class Mail as appears by the Certificate of Service filed with the Motion. 2. A Rule to Show Cause returnable in 20 days was issued by Judge Edgar B. Bayley on January 13, 2005, and served by the Petitioner on Mr. Garlick and on counsel for Mrs. Garlick by First Class Mail as appears by the Certificate of Service filed with the Court on February 4, 2005, and attached as Exhibit A. 10. To date, the Respondent has failed to file an Answer to the Rule, to notice any depositions or order the cause for argument. WHEREFORE, the Petitioner, Penny V. Ayers, Esquire, respectfully requests that this Court make the Rule of January 13, 2005, absolute and grant Petitioner's request to withdraw as counsel for Mark A. Garlick Respectfully submitted, BLAKEY, YOST,. P fir RAUSCH, LLP By V. S. Ct. I.D. #84751 17 East Market St York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff No. 02-1969 vs. MARK A. GARLICK In Divorce Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy of the Motion to Make Rule Absolute to be served on the following person in the manner indicated: By First Class United States Mail on: Nora F. Blair, Esquire 5440 Jonestown Road P. O. Box 6216 Harrisburg, PA 17112-0216 Mark A. Garlick P. O. Box 210 East Berlin, PA 17316 B3 Dated: March', 2005 BI AICEV MIST BUPP & RAUSCN LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff No. 02-1969 vs. MARK A. GARLICK In Divorce Defendant ` ;'- ;c rri co CERTIFICATE OF SERVICE ?. I hereby certify that I have this date served a copy of the Rule to Show Cause why Penny V. Ayers, Esquire, should not be granted permission to withdraw from the above case, on the persons and in the manner indicated below: Service by first class mail on: Nora F. Blair, Esquire 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 Mark A. Garlick P O Box 210 East Berlin PA 17316 BLAKEY,YO'T, BUPP & RAUSCH, LLP Date: February 3, 2005 B Norma M. Doll P arket Street York, PA 17401 Albert G. Blakey Donald B. Hoyt Charles A. Rausch Bradley J. Leber Stacey R. MacNeal Penny V. Ayers John J. Baranski, Jr. Michael C. Anderson Wanda L. Snader Blakey, Yost, Bupp & Rausch, LLP Attorneys at Law February 3, 2005 Mr. Mark Garlick PO Box 210 East Berlin, PA 17316 Re: Action in Divorce Dear Mr. Garlick: of counsel Donald H. Yost David Wm. Bupp I enclose for service upon you a Rule to Show Cause why this firm should not be given permission to withdraw as counsel in your divorce action. You have twenty days from the date of this letter to respond. Very truly yours, ?. Doll, Paralegal BLAKEY, YOST,13UPP & RAUSCH, LLP ND:s Enclosure: cc: Nora F. Blair, Esquire (w/enc.) 17 East Market Street, York PA 17401 717-845-3674 Fax 717-854-7839 ?_? ,, ? _?? ,,.^ - .?-?, ?? ??; _, ..,; .. ; ?, . ?.? ? __ ?.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IMAR 1 U 2005 ?l V TERRIE A. GARLICK Plaintiff No. 02-1969 VS. MARK A. GARLICK In Divorce Defendant ORDER AND NOW, this Itt_ day of March, 2005, in consideration of Petitioner's Motion, it is hereby ORDERED that the Rule which was issued on the Respondent, Mark A. Garlick, in the above-captioned matter on January 13, 2005, to show cause why Petitioner should not be granted leave to withdraw as counsel is made absolute. BY THE COURT, i / 11. 0 i 1 5 r . ? ... . i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff No. 02-1969 vs. MARK A. GARLICK In Divorce Defendant PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTOHONOTARY: Please withdraw my appearance on behalf of the Defendant in the above ?ction, per attached Order issued by the Court on March 14, 2005. V. 6upreme Court J.D/#84751 17 East Market eet York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff VS. MARK A. GARLICK Defendant No. 02-1969 In Divorce ORDER ,VANIA MAR 10 2005 „\ AND NOW, this . day of March, 2005, in consideration of etitioner's Motion, it is hereby ORDERED that the Rule which was issued on the Respond t, Mark A. Garlick, in the above-captioned matter on January 13, 2005, to show cause why Petitker should not be granted leave to withdraw as counsel is made absolute. BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRIE A. GARLICK Plaintiff No. 02-1969 VS. MARK A. GARLICK In Divorce Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Praecipe for Appearance and Court's Order, on the persons and in the manner indicated below: Service by first class mail on: Nora F. Blair, Esquire 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 Mark A. Garlick P O Box 210 East Berlin PA 17316 BLAKEY, YO?ST, BUPP & RAUSCH, Date: March 22, 2005 By:/ Z!?_ L Norma M. Dole-Paraiegal I,---4q-East-Market Street York, PA 17401 of F? f rf_- Y -r ? CID W TER.RIE A. GARLIM : IN THE COURT OF COA MON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1969 MARK A- GAR.LICK, : CIVIL ACTION- DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about March, 2000, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1`errie A, arlick c'% r _' n r u?? ? -?-. -ri ? .,__ _ , _ it= GJ1 >, Cr . ? `; .i - ? ' ?'L`r ,( -,'?3 N .ti :: i S" -? ... CJ TERRIE A. GARLICK, Plaintiff V. MARKA. GARLICK, Defendant :IN THE COURT OF COMMON PLEAS, CUM]BERIAND COUNTY, PENNSYLVANIA NO. 02-1969 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Notice and Affidavit Under Section 3301(d) of the Divorce Code on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Mark A. Garlick ESP 313 West Golden Lane New Oxford, PA 17350 Date: November 22, 2005 P'. Blair J I , ` ' r { 1 ? ...:.. ? ? ? 4 ..i :r ? r ?'..1 ..+ .,. f TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant IN THE COURT 01, COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 02-1969 CIVIL ACTION - DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): X (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: f Z B © - Mark A. Garlick NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. ,_, °, -, , ` ' ; ?: c_ _ TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 02-1969 CIVIL ACTION - DIVORCE DEFENDANT'S PETITION FOR EQUITABLE DISTRIBUTION, PERMANENT ALIMONY ALIMONY PENDENTE LITE AND REASONABLE COUNSEL FEES, COSTS AND EXPENSES This day of (/ LAi--- 2005, Defendant, Mark A. Garlick, files this Petition for Equitable Distribution, Alimony, Alimony Pendente Lite, and Reasonable Counsel Fees, Costs and Expenses against Plaintiff, Terrie A. Garlick, whereof the following is a statement: COUNT I - EQUITABLE DISTRIBUTION Plaintiff and Defendant were married on November 18, 1983. ?[ r 2. On 7 Z 2002, Plaintiff filed a Complaint in Divorce against Defendant in the Court of Common Pleas of Cumberland County, Pennsylvania, at the above- referenced case number. 3. Defendant requests the Court to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT II -PERMANENT ALIMONY 4. The allegations contained in Paragraphs 1 through 3 of Defendant's Petition are incorporated herein by this reference thereto as though set forth in their entirety. 5. Defendant lacks sufficient property to provide for his reasonable needs and is unable to financially sustain himself through appropriate employment. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an award of Permanent Alimony in his favor and against Plaintiff. COUNT III - ALIMONY PENDENTE LITE The allegations contained in Paragraphs 4 through 5 of Defendant's Petition are incorporated herein by this reference thereto as though set forth in their entirety. 7. Defendant is unable to financially sustain himself during the course of this litigation. Moreover, Defendant lacks sufficient property to provide for his reasonable needs. WHEREFORE, Defendant respectfully requests this Honorable Court to award Alimony Pendente Lite in favor of Defendant and against Plaintiff. COUNT IV- REASONABLE COUNSEL FEES, COSTS AND EXPENSES 9. The allegations contained in Paragraphs 6 through 8 of Defendant's Petition are incorporated herein by this reference thereto as though set forth in their entirety. 10. Defendant will employ counsel to represent him in this matrimonial cause. 11. Defendant is unable to pay his reasonable counsel fees, costs and expenses in defending his rights in this litigation, and Plaintiff has the ability to pay them. 2 12. Preserving the right to apply to the Court for interim counsel fees, costs and expenses prior to a final hearing, Defendant requests that, after final hearing, this Honorable Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court, after final hearing, to enter an Order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses pursuant to Section 3104(a)(1), 3323(b) and 3702 of the Divorce Code. Respectfully submitted, By.__?/ C _ Mark A. Garlick Pro Se VERIFICATION I, Mark A. Garlick, verify that the statements made in this Petition are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa C.S.A. Section 4904, relating to unworn falsifications to authorities. Date: 9 G' I-/ lei Mark A. Garlick ? ?a d e ..? ?- ? t ? ' ? `_ C ? `' ? -, ::; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, Plaintiff, V. MARK A. GARLICK, Defendant. NO. 02-1969 CIVIL ACTION - LAW ACTION IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above captioned matter on behalf of Defendant. Correspondence may be directed to me at the address below. M By Amy E. W. EhdWt, Attorney I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 Respectfully submitted, q+-'J f ? ?? ?j t:1-a .,,. . ? n ? , % i ? _ .,,, t_'_ +?' ?? ?T} 4"..? ? ^ p? . t? T f r + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, NO. 02-1969 Plaintiff, VS. MARK A. GARLICK, Defendant. ACTION IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Submitted by: Amy E. W. Ehrhart, Esquire Please see the documents attached hereto. Respectfully submitted, MOONEY & ASSOCIATES Amy E. W.hrh , Esquire Attorney for e endant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 I. ASSETS OF THE PARTIES HIS HER NON- ASSET VALUE VALUE CURRENT DEBT COMMENTS MARITAL PORTION 1568 Unknown 139,500 Unknown. Current Wife's None Baltimore to Husband Need balance appraisal is 4 Pike, appraisal unknown years old Dillsbur Bradford Unknown 38,500 Unknown. Current Wife's None County, to Husband Need balance appraisal is 5 PA land. appraisal unknown years old. 17.630 Land has acres value for timber, oil and rock Members Unknown Not Unknown to None Information in None ls` to disclosed Husband the control of checking Husband. Wife. Not account provided to Husband Members Unknown Not Unknown to None Information in None 1" savings to Husband disclosed Husband the control of account Wife. Not provided to Husband Wife's Unknown $195,000 Unknown to None was All None 401(k) to Husband This is Husband known to information is account $5000 less Husband within the than Wife and none control of claimed in was Wife. Not the claimed in provided to bankruptcy Wife's Husband in 2002 bankruptcy Wife's Unknown Not Unknown to None All None Highmark to Husband disclosed Husband information is pension within the control of Wife. Not provided to Husband Wife's Unknown $6000 and Unknown to None All None Roth IRA to Husband 4,000 Husband information is accounts Wife lists within the $6,141 as control of ROTH Wife. Not assets in provided to bankruptcy Husband Life Unknown Not Unknown to None All None insurance to Husband disclosed Husband information is on Wife within the control of Wife. Not provided to Husband Tax refund 13,000.00 13,069 13,069 None In Husband's None proceeds possession 1971 0 5,000 None No engine in None Monte the vehicle Carlo 1998 2800 9500 None Estimates of None Chevy value Tahoe 1997 1000 for 7,000 for None Estimates of None Chevy the Chevy Chevy and value Impala and 500 4,000 for 1991 for the Dodge Dodge is not Dodge Dodge inspected or Ram registered. Has excessive mileage II. DEBTS OF THE PARTIES TERRIE A. GARLICK v. MARK A. GARLICK No. 02-1969 DOB: 4/13/1961 (46) DOB: 11/18/1959(48) DOM: 11/18/83 DOS: A ril 22, 2002 LIABILITIES VALHIS UES HER VALUES CURRENT AGREED COMMENTS Countrywide Unknown 114,622 Unknown to Wife's balance Mortgage on to Husband is the same as Baltimore Rd Husband she put on her property bankruptcy schedules in 2002 Grange Unknown 12,000 Unknown to Wife's balance Mortgage on to Husband is higher than Bradford Husband listed on her Count land 2002 bankruptcy schedules Deficiency on Unknown Not Unknown to All camper as a to provided Husband information is result of Husband in the control repossession of Wife III. EXPERT WITNESSES The Defendant intends to call the appraisers who conduct new appraisals on the parties' real estate and personal property. Names, addresses and reports will be provided immediately upon completion of the appraisals. IV. WITNESSES The Defendant intends to testify at trial as to the contents of his Inventory and Income and Expenses statements, the value of all marital assets, the circumstances of the breakup of the marriage, and any other relevant matters. The Defendant also intends to call the Plaintiff as on cross. V. LIST OF EXHBITS 1. Defendant's Income and Expenses Statements 2. Defendant's Inventory 3. Plaintiff's Income and Expense statements 4. Plaintiff's Inventory 5. Plaintiff's petition and schedules filed in her bankruptcy proceedings 6. Appraisals on the real and personal property of the parties 7. Date of separation statements for the parties joint Members 1" accounts 8. Date of separation and current statements of Plaintiff's retirement accounts./assets 9. Date of separation and current statements of the cash surrender value of Plaintiff's life insurance policies 10. NADA values of all vehicles. VI. DEFENDANT'S INCOME AND EXPENSES Defendant's income and expenses are set forth in his Income and Expense Statements filed contemporaneously herewith. VII. PENSION AND RETIREMENT BENEFITS Plaintiff's pension and retirement benefits, including ROTH IRA's, are mentioned in the asset portion of this memorandum. The Defendant requires documentation of the current and date of separation values of Plaintiff's retirement benefits. The Defendant has no pension or retirement benefits. VIII. COUNSEL FEES The Defendant is unable to pay reasonable counsel fees necessary to defend this action. Plaintiff earns at least double what Defendant earns per year, and she is capable of paying for a portion of his counsel fees. The amount of fees to be charged in this proceeding by counsel are a minimum of $2500.00, to be billed hourly at $175 per hour if not in court, and $185 per hour for in-court time. IX. PERSONAL PROPERTY There is personal property of the parties. Defendant disputes the values of personal property provided by Plaintiff, and is requesting that all personal property be appraised. X. PROPOSED RESOLUTION Wife's refusal to sign an inventory loan for Husband's business, of which she was a partner, was the cause of the failure of Husband's business. Without the cash flow the loan would have provided, Husband was unable to continue operating the business. Prior to this refusal on Wife's part, Husband's business was successful and lucrative. Wife was insistent that Husband sell the business, and stay home with the children so she could pursue her own already successful career. Husband was under the impression from Wife that this was the only way to save their already failing marriage. Wife decided that even this was not enough, and asked her Husband to leave the marital residence. Husband did not abandon the marriage, the business or the children. Wife claims that certain assets are not subject to equitable distribution because they were included in the bankruptcy. However, bankruptcy proceedings do not extinguish property rights of the non- filing spouse. At most, the bankruptcy may have discharged Husband's ability to seek any amount in excess of his half of marital property. However, the remaining half of the marital property can be used to determine and for the payment of alimony. Counsel would like the opportunity to further research this aspect of the case prior to any hearing on equitable distribution, Additionally, Husband's counsel was unable to obtain all relevant documents from the bankruptcy court which would assist in defining and resolving the issue. The court may also wish to address the issue of venue. Neither party has at any point in the pendency of these proceedings resided in Cumberland County. Both parties have resided in York or Adams Counties since the date of separation and since the filing of these proceedings. In light of Wife's role in the destruction of the marriage and the failure of Husband's business, and because of the significant disparity in the incomes and retirement assets of the parties, Husband should receive 65% of the marital estate, with alimony for five years. C') C C.- !?'r tT?? C'n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, Plaintiff 1568 Baltimore Road Dillsburg, PA 17019 V. MARK A. GARLICK, Defendant 8 West King Street, Apartment 93 Littlestown, PA 17340 Nora F. Blair, Esquire Attorney for Plaintiff P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 Divorce Hearing Masters No. 02-1969 ACTION IN DIVORCE Amy E. W. Ehrhart, Esquire Attorney for Defendant 230 York Street Hanover, PA 17331 (717) 632-4656 INVENTORY OF MARK A. GARLICK Defendant files the following inventory of property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Mark A. Gar ick 1 ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ( X) 1. Real Property ( X) 2. Motor Vehicles ( X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit ( X ) 5. Checking accounts, cash ( X ) 6. Savings accounts, money market and savings certificates ( X) 7. Contents of safe deposit boxes ( ) 8. Trusts ( X) 9. Life Insurance Policies (indicate fact value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( X) 14. Personal property outside the home. ( ) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits (severance pay, workman's compensation claim/award) ( ) 17. Profit sharing plans 2 ( X) 18. Pension plans (indicate employee contribution and date plan vests) ( X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other 3 I MARITAL PROPERTY Defendant lists all property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of All Owners 1. 1568 Baltimore Road Both parties Dillsburg, PA 2. Bradford County Lot Both parties 18 acres 3. 1991 Dodge Truck Mark Garlick 4. 1971 Monte Carlo Mark Garlick 5. 1998 Chevy Tahoe Both parties 6. 1997 Chevy Impala 7. Safe deposit box for jewelry Both parties & bonds 8. Life insurance policy Terrie Garlick 9. Canoe, wood chipper, lawn Both parties mower (simplicity); generator, and '71 Chevy Monte Carlo Engine, other personal property 10. Pension and 401(k) Terrie Garlick 11. Grandfather clock, Cherry bedroom set, Both parties Oriental plate collection; Ned Smith print; Cherry Corner curio cabinet, Antique 16' gage and 30/30 Winchester guns 12. Members 0 checking and savings Both parties 13. Tax refund Both parties 14. Wife's ROTH IRA accounts Terrie Garlick 4 NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Names of All Owners None 5 TRANSFERRED PROPERTY Defendant lists all property which has been transferred since the date of separation: Item Number Description Date of Consid- Person to of Propert y Transfer eration Whom Transferred None transferred by Defendant. Unknown if Plaintiff transferred any property. 6 LIABILITIES Mortgage against Baltimore Pike property. Joint debt 2. Mortgage against Bradford County land. Joint debt Deficiency, if any, associated with repossession of camper. Joint debt 7 C = ? {:.? --n tt Y4 :.57 c7 SQL. f ._ rn crj C l C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. TERRIE A. GARLICK, MARK A. GARLICK, Plaintiff, Defendant. ACTION IN DIVORCE NO. 02-1969 PACSES: INCOME STATEMENT OF MARK A. GARLICK I verify that the statement made in this Income Statement are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: - ?( - O INCOME: EMPLOYER: ADDRESS:.,, TYPE OF WORK: Sales Representative PAYROLL NUMBER: PAY PERIOD (WEEKLY, BIWEEKLY, ETC) GROSS PAY PER PERIOD: ITEMIZED PAYROLL DEDUCTIONS: FEDERAL WITHHOLDING FICA LOCAL WAGE TAX STATE INCOME TAX MANDATORY RETIREMENT UNION DUES HEALTH INSURANCE OTHER (SPECIFY) (If you are self-employed or if you are salaried by a business, of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement, which appears below.) Signature $ $ $ NET PAY PER PAY PERIOD Income Statement (Continued) OTHER INCOME: WEEK INTEREST $ ?Al&, DIVIDENDS $ Jt PENSION -- $ 'Ah ANNUITY $ ni A nAjl?- SOCIAL SECURITY $ ,% 6A/C RENTS $ WG? ROYALTIES $ Unemployment Comp. $ WORKERS COMP. $ Emplyr Fringe Benefits $ Other $ M A)6 TOTAL INCOME $ PROPERTY OWNED Description CHECKING ACCT // dltiicf SAVINGS ACCT CREDIT UNION STOCKS/BONDS REAL ESTATE OTHER TOTAL INSURANCE PACSES # MONTH Value $ 5 a?. 0 $ n/Uru r, $? YEAR L1 1/o, Ownership H W J $ 5--) 0? ov Company Policy # HOSPITAL BLUE CROSS Se lve,6-1-e OTHER MEDICAL BLUE SHIELD OTHER Health/Accident $ e Disability Income DENTAL OTHER *H=HUSBAND, W=WIFE, J=JOINT, C=CHILD COVERAGE H W C X 2 r Income Statement (Continued) I iA PACSES # SUPPLEMENT INCOME STATEMENT (a) This form is to be filled out by a person (check one): ? (1) who operates a business or practices a profession, or ? (2) who is a member of a partnership or joint venture, or ? (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and telephone #: (d) Nature of business ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (5) other (e) Annual income from business: (1) How often is income received? (2) Gross income per pay period: _ (3) Net income per pay period: _ (4) Specific deductions, if any: _ 3 'C c CP s ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, NO. 02-1969 Plaintiff, vs. PACSES: MARK A. GARLICK, Defendant. ACTION IN DIVORCE GUIDELINES EXPENSE STATEMENT OF MARK A. GARLICK I verify that the statement made in this Expense Statement are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: 3 - q -D (; ,Signature Instructions: Guidelines Expense Statement - This form should only be completed when the combined monthly net income of the parties is $20,000 or less and: (1) The party is claiming unusual needs and expenses that may warrant deviation from the support guidelines pursuant to Rule 1910.16-5, or (2) The party seeks an appointment of expenses pursuant to Rule 1910.16-5. At the conference you must provide receipts or other verification of expenses claimed on this statement, MORTGAGE (include real estate Taxes and homeowner's insurance) HEALTH INSURANCE PREMIUMS UNREIMBURSED MEDICAL EXPENSES DOCTOR DENTIST ORTHODONTIST HOSPITAL MEDICINE SPECIAL NEEDS (Glasses, Braces, Orthopedic devices, therapy) CHILD CARE PRIVATE SCHOOL PAROCHIAL SCHOOL LOANS/DEBTS SUPPORT OF OTHER DEPENDENTS: Other child support Alimon payments Other: (Specify) TOTAL WEEKLY MONTHLY YEARLY $ $ fr CfOt1, $ $ o`l r fJ G'' '? 4 Y~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, vs. MARK A. GARLICK, Plaintiff, Defendant. MELZER EXPENSE STATEMENT OF MARK A. GARLICK I verify that the statement made in this Expense Statement are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: 3 - L - O' ? NO. 02-1969 PACSES: ACTION IN DIVORCE (-Signature Instructions: You must complete this form if you believe the combined monthlyncome of the parties is more than $20,000 and the case will proceed pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). No later than five business days prior to the conference, the parties shall exchange this form, along with receipts or other verification of the expenses set forth on this form. Failure to comply with this provision may result in an appropriate order for sanctions and/or the entry of an interim order based upon the information provided. EXPENSES Home Mortgage/Rent Maintenance Lawn Care 2" Mortgage Utilities Electric Gas Oil Telephone Cell Phone Water Sewer Cable TV Internet Trash/Recycling Monthly Monthly Monthly Total Children Parent $ you. ° $ $ UU $ a ?.. EXPENSES Monthly Monthly Monthly Total Children Parent Medical Medical Ins. Doctor Dentist Hospital Medication Counseling/ Therapy Orthodontist Special Needs (glasses, etc.) Education Tuition Tutoring Lessons Other $- $ ao Taxes Real Estate $ Personal Property $_? EXPENSES Monthly Monthly Monthly EXPENSES Monthly Monthly Monthly Total Children Parent Total Children Parent Insurance Ho wners/ ? Personal Debt Service $ qu $ 3S' Clothing $ Automobile $ Groceries $ a va `- Life $L Hair care $ s? Accident/ Memberships $ , Disability $ / Excess Coverage $ / Miscellaneous Long-Term Care $L Child Care $ _ Household Help $ / Automobile Summer Camp $ / Lease/Loan Papers/Books/ Payments $ Magazines $ Fuel $ Entertainment $ Repairs $ / U 0 -" Pet Expenses $ Memberships $ e Vacations $ a ? ? es $ . e Charitable Contributions $ ' Children's Parties $ ' r Children's Allowance $ R dU '` Other Child Support $ Alimony Pmts $ TOTAL MONTHLY ^ EXPENSES: $ 6 F G3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, NO. 02-1969 Plaintiff, VS. CIVIL ACTION - LAW MARK A. GARLICK, Defendant. ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Amy E. W. Ehrhart, Esquire, attorney for the above DEFENDANT, hereby certify that on this 104-day of ?/ a,,-r A,_ , 2008, I have forwarded a copy of the Defendant's Petition for Equitable Distribution, Permanent Alimony, Alimony Pendente Lite, and Reasonable Counsel Fees, Costs and Expenses, in the above-captioned action to the following individual(s) by regular U.S. Mail as set forth below: Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 Respectfully submitted, ASSOCIATES Amy E. W. h ,quire Attorney for D NDANT I.D. # 79863 230 York Street Hanover, PA 17331 (717) 632-4656 C J T co Ott! r-n -?C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, Plaintiff, NO. 02-1969 VS. MARK A. GARLICK, Defendant CIVIL ACTION-LAW ACTION IN DIVORCE NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF To: The Prothonotary of Cumberland County: Please be advised that on March 10, 2008, an original and two (2) copies of Defendant's First set of Interrogatories and Request for Production of Documents were served upon counsel for Plaintiff by mailing the same via first class mail, postage prepaid, to the following: Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 MOONEY & ASSOCIATES By: Amy E. W. Eh hart, Atty. ID No. 79863 230 York Street Hanover, PA 17331 (717) 632-4656 a r .- rrtl C co fV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, Plaintiff, NO. 02-1969 VS. MARK A. GARLICK, Defendant CIVIL ACTION-LAW ACTION IN DIVORCE PETITION TO ENFORCE DISCOVERY AND FOR SPECIAL RELIEF AND NOW, comes the Defendant, Mark A. Garlick, by and through his attorneys, Mooney and Associates, by Amy E. W. Ehrhart, Esquire, and files this Petition to Enforce Discovery and for Special Relief, whereof the following is a statement, to wit: ENFORCE DISCOVERY 1. On March 10, 2008, Petitioner's counsel served on Respondent's counsel Interrogatories and Request for Production of Documents. Copies of the Certificates of Service are attached hereto. 2. On June 12, 2008, counsel for the Petitioner sent a letter to Respondent's counsel asking for the Answers to the Discovery. 3. As of the date of filing this Petition, counsel for Petitioner has not received Respondent's Answers to the propounded discovery. WHEREFORE, the Petitioner respectfully requests that the Court order Respondent to immediately comply with the discovery requests of Petitioner and to pay Petitioner's counsel fees incurred in filing this Petition. SPECIAL RELIEF 4. The parties own unimproved property in Bradford County, PA. 5. Petitioner was approached by Chesapeake Appalachia, LLC asking permission to lease the gas rights to the property for the sum of $44,075.00. A copy of the proposed lease agreement is attached hereto. 6. The leasing of the gas rights to the property would cause no damage to the property. 7. Neighboring property owners have already signed similar leases with Chesapeake Appalachia, including Respondent's brother. 8. If the parties do not sign the lease forthwith, they could lose the opportunity to do so as the gas company may bypass their property for other sources. 9. Respondent refuses to sign the lease, thereby denying both parties the substantial income to be derived from the lease and dissipating a marital asset. WHEREFORE, the Petitioner respectfully requests that the Court order Respondent to sign the lease. Respectfully submitted, SOCIATES By: Attorney for Defend I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 Esquire . A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, Plaintiff, VS. MARK A. GARLICK, Defendant NO. 02-1969 CIVIL ACTION-LAW ACTION IN DIVORCE NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF To: The Prothonotary of Cumberland County: Please be advised that on March 10, 2008, an original and two (2) copies of Defendant's First set of Interrogatories and Request for Production of Documents were served upon counsel for Plaintiff by mailing the same via first class mail, postage prepaid, to the following: Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 MOONEY & ASSOCIATES By: Amy E. W. E hart, Esquire Atty. ID No. 79863 230 York Street Hanover, PA 17331 (717) 632-4656 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, Plaintiff, VS. MARK A. GARLICK, Defendant NO. 02-1969 CIVIL ACTION-LAW ACTION IN DIVORCE NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF To: The Prothonotary of Cumberland County: Please be advised that on March 10, 2008, an original and two (2) copies of Defendant's First set of Interrogatories and Request for Production of Documents were served upon counsel for Plaintiff by mailing the same via first class mail, postage prepaid, to the following: 1`,ora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 MOONEY & ASSOCIATES By: Amy E. W. E hart, Atty. ID No. 79863 230 York Street Hanover, PA 17331 (717) 632-4656 -Nk It CHESAPEAKE APPALACHIA, L.L.C. ORDER OF PAYMENT Date: Subject to approval of the agreement associated herewith ("Agreement") and title confirmation by Chesapeake Appalachia, L.L.C. ("Chesapeake"), Chesapeake will make payment as indicated herein by check within 90 days of its receipt of the original of this Order of Payment and the Agreement. Payment may be tendered by mail or any comparable method (e.g., Federal Express), and payment is deemed complete upon mailing or dispatch. Where the due date for any payment specified herein falls on a holiday, Saturday or Sunday, payment tendered (mailed or dispatched) on the next business day is timely. The copy of this Order of Payment is to be retained by payee. No default for non-payment may be claimed by payee during said 90-day period. If payee owns more or less than the net interest defined herein, Chesapeake may, without immediate notice to Lessor, increase or reduce the consideration payable hereunder proportionate to actual interest owned"by payee. Payee represents he/she has a full understanding of the risks involved in leasing property for oil and gas development and that payee has read and understands the terms and provisions of the Agreement. Payee agrees this is an arm's length transaction entered into by payee as a result of his/her own free act and will and Chesapeake or anyone acting on its behalf has made no representations of value or exerted any duress or coercion. Payee agrees that payment made hereunder is final and that payee will not seek to amend or modify the payment, or seek additional consideration based upon any differing terms which Chesapeake has or will negotiate with any other lessor/oil and gas owner. Non-acceptance by payee of timely payment shall not serve to void the Agreement. Pay to Mark A. Garlick and Terrie A. Garlick, husband and wife in the amount of Forty Four Thousand Seventy Five and 001100 dollars ( $ 44,075.00 ) Address 8 West King St., Apt 3, Littlestown, PA 17340 Tel-717-476-1575 dated June 24, , 2008 which coversproperty described as folbws: Parcel # 61-115.00-086.000-000 Acres: 17.630 Completed by: Roger Peterson 1099 Farm to be sent to individual checked below: Landowner's signature: SociE:: Security Number: Mark A. Garlick Landowner's signature: Socit.' Security Number: Terris A. Garlick Landowner's signature: Social Security Number: 11 Landowner's signature: Social Security Number: Approved by: DATE PAID PMD By Forward to: LAND DEPARTMENT FOR Aeunn,T CHECK NUMBER CHESAPEAKE APPALACHIA, L.L.C. INTERNAL I PO BOX 6070 USE ONLY E CHARLESTON, WV 25362-00700 ' This payment is for Bonus consideration from 6124/08 through 6124113 for Oil & Gas Lease, I ADDENDUM This Addendum is attached to and made a part of that certain Oil and Gas Lease dated June 20, 2008, by and between: Mark A. Garlick and Terrie A. Garlick, husband and wife, as Lessor, and Chesapeake Appalachia, L.L.C. as Lessee. If any of the following provisions conflict with or are inconsistent with any of the printed provisions or terms of this Lease, the following provisions shall control. No Storaze Clause 1. Notwithstanding anything herein contained to the contrary, Lessee agrees the herein described lease premises shall not be used for the purpose of gas storage as defined by the Federal Energy Regulation Commission. Any reference to gas storage contained in this lease is hereby deleted. If Lessor wishes to enter into an agreement regarding gas storage using the leased premises with a third party, Lessor shall first give Lessee written notice of the identity of the third party, the price or the consideration for which the third party is prepared to offer, the effective date and the closing date of the transaction and any other information respecting the transaction which Lessee believes would be material to the exercise of the offering. Lessor does hereby grant Lessee the first option and right to purchase the gas storage rights by matching and tendering to the Lessor any third party's offering within 30 days of receipt of notice from Lessor. Fresh Water Clause 2. In the event any activity carried on by Lessee pursuant to the terms of this lease damages, disturbs or injures Lessor's fresh water well or source located on these leased premises, Lessee shall at its sole cost and expense use its best efforts to correct any such damage, disturbance or injury. Site Cause 3. Provided that Lessor is the current surface owner of the affected lands at the time of Lessee's surface operations, Lessee and Lessor to mutually agree on all drill site, pipeline and access road locations, consent not to be unreasonably withheld, delayed or conditioned by Lessor. ConwiAme Clause 4. Lessee's operations on said land shall be in compliance with all applicable federal and state regulations. Hold Harmless Cause 5. Lessee agrees it will protect and save and keep Lessor harmless and indemnified against and from any penalty or damage or charges imposed for any violation of any, laws or ordinances, whether occasioned by the neglect of Lessee or those holding under Lessee, and Lessee will at all times protect, indemnify and save and keep harmless the Lessor against and from any and all loss, damage or expense, including any injury to any person or property whomsoever or whatsoever arising out of or caused by any negligence of the Lessee or those holding under Lessee. Soil Erosion. Clause 6. Lessee shall construct or install all well sites, access roads and pipeline right-of--ways in a manner which would minimize any related soil erosion. Further, any related surface reclamation shall be done in a manner which restores said land as nearly to original contours as reasonably practical. Drdlk within 500 feet Clause 7. No well shall be drilled nearer than five (500) hundred feet of any house or barn, pond, lake, or stream now on the lease premises without written consent of Lessor. Royalty Clause 8. All references made herein to one-eighth (118) royalty shall be amended to fifteen percent (15%) royalty. Mark A. Garlick Terre A. Garlick PAID-UP OIL & GAS LEASE Lease No. 5/08 - PA This Lease made this 24m day of June, 2008, by and between: Mark A. Garlick and Terrie A. Garlick, husband and wife, of 8 West King St., Apt 3 Littlestown,. PA 17340, hereinafter collectively called "Lessor", and CHESAPEAKE APPALACHIA, L.L.C., an Oklahoma limited liability company, 900 Pennsylvania Ave., P. 0. Box 6070, Charleston, WV 25362, hereinafter called "Lessee". WITNESSETH, that for and in consideration of the premises, and of the mutual covenants and agreements hereinafter set forth, the Lessor and Lessee agree as follows: L LASING CLAUSE. Lessor hereby leases exclusively to Lessee all the oil and gas (including, but not limited to coal seam gas, coalbed methane gas, coalbed gas, methane gas, gob gas, occluded metbarWhatural gas and all associated natural gas and other hydrocarbons and nonbydrocarbons contained in, associated with, emitting from, or produced/originating within any formation, gob aea, :mmed-out area, coal seam, and all communicating zones), and their liquid or gaseous constituents, whether hydrocarbon or non-hydrocarbon, underlying the land herein leased, together with such exclusive rights as may be necessary or convenient for Lessee, at its election, to explore for, develop, produce, measure, and market production from the Leasehold, and from adjoining lands, using methods and techniques which are not restricted to current; technology, including the right to conduct geophysical and other exploratory tests; to drill, maintain, operate, cease to operate, plug, abandon, and remove wells; to use or install roads, electric power and telephone facilities, and to construct pipelines with appurtenant facilities, including data acquisition, compression and collection facilities for use in the production and transportation of products from the Leasehold or from neighboring lands across the Leasehold, to use oil, gas, and non-domestic water sources, free of cost, to store gas of any kind underground, regardless of the source thereof:, including the injecting of gas therein and removing the same therefrom; to protect stored gas; to operate, maintain, repair, and remove material and equipment. DESCRIPTION. The Leasehold is located in the Township of Wyalusing, in the County of Bradford, in the Commonwealth of Pennsylvania, and described as follows: Property Tax Parcel Identification Number: 61-115x00-0964*0 000 (17.630 se) and is bounded formerly or currently as follows: On the North by lands of. M. Woodruff On the East by lands of: T. Goodwin On the South by lands of: T. 461 On the West by lands of: H. Gandhi including lands acquired from Evelyn Quinn, also known as, Evelyn Saul-Critchett, Executrix of the Estate of Thomas P. Critehett, Deceased, and Robert A. Roswell and Elaine D. Roswell, husband and wife, by virtue of deed dated January 14, 1999, and recorded at Instrument # 199901430, and described for the purposes of this agreement as containing a total of 17.630 Leasehold acres, whether actually more or less, and including contiguous lands owned by Lessor. This Lease also covers and includes, in addition to that above described, all land, if any, contiguous or adjacent to or adjoining the land above described and (a) owned or claimed by Lessor, by limitation, prescription, possession, reversion or unrecorded instrument or (b) as to which Lessor has a preference right of acquisition. Lessor agrees to execute any supplemental instrument requested by Lessee for a more complete or accurate description of said land. LEASE TERM. This Lease shall remain in force for a primary term of & years from 12:00 A.M. June 24'x, 2008 (effective date) to 11:59 P.M. June 20, 2013 (last day of primary term) and shall continue beyond the primary term as to the entirety of the Leasehold if any of the following is satisfied: (i) operations are conducted on the Leasehold or lands pooled/,unitized therewith in search of oil, gas, or their constituents, or (ii) a well deemed by Lessee to be capable of production is located on the Leasehold or lands pooled/unitized therewith, or (iii) oil or gas, or their constituents, are produced from the Leasehold or lands pooled/unitized therewith, or (iv) if the Leasehold or lands pooled/unitized therewith is used for the underground storage of gas, or for the protection of stored gas, or (v) if prescribed payments are made, or (vi) if Lessee's operations are delayed, postponed or interrupted as a result of any coal, stone or other mining or mining related operation under any existing and effective lease, permit or authorization covering such operations on the leased premises or on other lands affecting the leased premises, such delay will automatically extend the primary or secondary term of this oil and gas lease without additional compensation or performance by Lessee for a period of time equal to any such delay, postponement or interruption. If there is any dispute concerning the extension of this Lease beyond the primary term by reason of any of the alternative mechanisms specified herein, the payment to the Lessor of the prescribed payments provided below shall be conclusive evidence that the Lease has been extended beyond the primary term. NO AUTOMATIC TERMINATION OR FORFEITURE. (A) CONSTRUCTION OF LEASE: The language of this Lease (including, but not limited to, the Lease Tenn and Extension of Term clauses) shall never be read as language of special limitation. This Lease shall be construed against termination, forfeiture, cancellation or expiration and in favor of giving effect to the continuation of this Lease where the circumstances exist to maintain this Lease in effect under any of the alternative mechanisms set forth above. In connection therewith, (i) a well shall be deemed to be capable of production if it has the capacity to produce a profit over operating costs, without regard to any capital costs to drill or equip the well, or to deliver the oil or gas to market, and (ii) the Lessee shall be deemed to be conducting operations in search of oil or gas, or their constituents, if the Lessee is engaged in geophysical and other exploratory work including, but not limited to, activities to drill an initial well, to drill 'a new well, or to rework, stimulate, deepen, sidetrack, frac, plug back in the same or different formation or repair a well or equipment on the Leasehold or any lands pooled/unitized therewith (such activities shall include, but not be limited to, performing any preliminary or preparatory work necessary for drilling, conducting internal technical analysis to initiate and/or further develop a well, obtaining permits and approvals associated therewith and may include reasonable gaps in activities provided that there is a continuum of activities showing a good faith effort to develop a well or that the cessation or interruption of activities was beyond the control of Lessee, including interruptions caused by the acts of third parties over whom Lessee has no control or regulatory delays associated with any approval process required for conducting such activities). (B) LIMITATION OF FORFEITURE: This Lease shall never be subject to a,civil action or proceeding to enforce a claim of termination, cancellation, expiration or forfeiture due to any action or inaction by the Lessee, including, but not limited to making any prescribed payments authorized under the terms of this Lease, unless the Lessee has received written notice of Lessor's demand and thereafter fails or refuses to satisfy or provide justification responding to Lessor's demand within 60 days from the receipt of such notice. If Lessee timely responds to Lessor's demand, but in good faith disagrees with Lessor's position and sets forth the reasons therefore, such a response shall be deemed to satisfy this provision, this Lease shall continue in full force and effect and no further damages (or other claims for relief) will accrue in Lessors favor during the pendency of the dispute, other than claims for payments that may be due under the terms of this Lease. PAYMENTS TO LESSOR. In addition to the bonus paid by Lessee, for the execution hereof; Lessee covenants to pay Lessor, proportionate to Lessor's percentage of ownership, as follows: (A) DELAY RENTAL: To pay Lessor as Delay Rental, after the first year, at the rate of five dollars ($5.001 per net acre per year payable in advance. The parties hereto agree that this is a Paid-Up Lease with no further Delay Rental and/or Delay in Marketing payments due to Lessor during the primary term hereof. (B) ROYALTY: To pay Lessor as Royalty, less all taxes, assessments, and adjustments on production from the Leasehold, as follows: 1. OIL: To deliver to the credit of Lessor, free of cost, a Royalty of,the equal one-eighth (1/8) part of all oil and any constituents thereof produced and marketed from the Leasehold. 2. GAS: To pay Lessor an amount equal to one-eighth (1/8) of the revenue realized by Lessee for all gas and the constituents thereof produced and marketed from the Leasehold, less the cost to transport, treat and process the gas and any losses in volumes to point of measurement that determines the revenue realized by Lessee. Lessee may withhold. Royalty payment until such time as the total withheld exceeds fifty dollars (550.00). (C) DELAY IN MARKETING: In the event that Lessee drills a well on the Leasehold or lands pooled/unitized therewith that Lessee deems to be capable of production, but does not market producible gas, oil, or their constituents therefrom and there is no other basis for extending this Lease, Lessee shall pay after the primary term and until such time as marketing is established (or Lessee surrenders the Lease) a Delay in Marketing payment equal in amount and frequency to the annual Delay Rental payment, and this Lease shall remain in full force and effect to the same extent as payment of Royalty. (D) SHUT-IN: In the event that production of oil, gas, or their constituents is interrupted and not marketed for a period of twelve months, and there is no producing well on the Leasehold or lands pooled/unitized therewith, Lessee shall thereafter, as Royalty for constructive production, pay a Shut-in Royalty equal in amount and frequency to the annual Delay Rental payment until such time as production is re-established (or lessee surrenders the Lease) and'this Lease shall remain in full force and effect. During Shut-in, Lessee shall have the right to rework, stimulate, or deepen any well on the Leasehold or to dull a new well on the Leasehold in an effort to re-establish production, whether from an original producing formation or from a different formation. In the event that the production from the only producing well on the Leasehold is interrupted for a period of less than twelve months, this Lease shall remain in full force and effect without payment of Royalty or Shut-in Royalty. (E) DAMAGES: Lessee will remove unnecessary equipment and materials and reclaim all disturbed lands at the completion of activities, and Lessee agrees to repair any damaged improvements to the land and pay for the loss of growing crops or marketable timber. (F) MANNER OF PAYMENT: Lessee shall make or tender all payments due hereunder by clu=ck, payable to Lessor, at Lessor's last known address, and Lessee may withhold any payment pending notification by Lessor of a change in address. Payment may be tendered by mail or any comparable method (e.g., Federal Express), and payment is deemed complete upon mailing or dispatch. Where the due date for any payment specified herein falls on a holiday, Saturday or Sunday, payment tendered (mailed or dispatched) on the next business day is timely. (G) CHANGE IN LAND OWNERSHIP: Lessee shall not be bound by any change in the ownership of the Leasehold until famished with such documentation as Lessee may reasonably require. Pending the receipt of documentation, Lessee may elect either to continue to make or withhold payments as if such a change had not occurred. (H) TITLE: If Lessee receives evidence that Lessor does not have title to all or any part of the rights herein leased, Lessee may immediately withhold payments that would be otherwise due and payable hereunder to Lessor until the adverse claim is fully resolved. (1) LIENS: Lessee may at its option pay and discharge any past due taxes; mortgages, judgments, or other liens and encumbrances on or against any land or interest included in the Leasehold; and Lessee shall be entitled to recover from the debtor, with legal interest and costs, by deduction from any future payments to Lessor or by any other lawful means. (J) CHARACTERIZATION OF PAYMENTS: Payments set forth herein are covenants, not special limitations, regardless of the manner in which these payments. may be invoked Any failure on the part of the Lessee to timely or otherwise properly tender payment can never result in an automatic termination, expiration, cancellation, or forfeiture of this Lease. Lessor recognizes and acknowledges that oil and gas lease payments, in the form of rental, bonus and royalty, can vary depending on multiple factors and that this Lease is the product of good faith negotiations. Lessor hereby agrees that the payment terms, as set forth herein, and any bonus payments paid to Lessor constitute full consideration for the Leasehold. Lessor further agrees that such payment terms and bonus payments are final and that Lessor will not seek to amend or modify the lease payments, or seek additional consideration based upon any differing terms which Lessee has or will negotiate with any other lessor/oil and gas owner. (K) PAYMENT REDUCTIONS: If Lessor owns a lesser interest in the oll'or gas than the entire undivided fee simple estate, then the rentals (except for Delay Rental payments as set forth above), royalties and shut-in royalties hereunder shall be paid to Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. UNITIZATION AND POOLING. Lessor grants Lessee the right to pool, uniti' ze, or combine all or parts of the Leasehold with other lands, whether contiguous or not contiguous, leased or unleased, whether owned by Lessee or by others, at a time before or after drilling to create drilling or production units either by contract right or pursuant to governmental authorization. Pooling or unitizing in one or more instances shall not exhaust Lessee's pooling and unitizing rights hereunder, and Lessee is granted the right to change the size, shape, and conditions of operation or payment of any unit created. Lessor agrees to accept and receive out of the production or the; revenue realized from the production of such unit, such proportional share of the Royalty from each unit well as the number of Leasehold ages iincluded in the unit bears to the total number of acres in the unit. Otherwise, as to any part of the unit, drilling, operations in preparation for drillg production, or shut-in production from the unit, or payment of Royalty, Shut-in Royalty, Delay in Marketing payment or Delay Rental attributable to any part of the unit (including non-Leasehold land) shall have the same effect upon the terms of this Lease as if a well were located on, or the subject activity attributable to, the Leasehold. In the event of conflict or inconsistency between the Leasehold acres ascribed to the Lease and the locai property tax assessment calculation of the lands covered by the Lease, Lessee may, at its option, rely on the latter as being determinative for the purposes of this paragraph. FACILITIES. Lessee shall not drill a well within 200 feet of any structure located on the Leasehold without Lessor's written consent. Lessor shall not erect any building or structure, or plant any trees within 200 feet of a well or within 25 feet of a pipeline without Lessee's written consent. Lessor shall not improve, modify, degrade, or restrict roads and facilities built by Lessee without Lessee's written consent. CONVERSION TO STORAGE. Lessee is hereby granted the right to convert the Leasehold or lands pooled/unitized therewith to gas storage. At the time of conversion, Lessee shall pay Lessor's proportionate part for the estimated recoverable gas remaining in the well drilled pursuant to this Lease using methods of calculating gas reserves as are generally accepted by the natural gas industry and, and in the event that all wells on the Leasehold and/or lands pooled/unitized therewith have permanently cew'd production, Lessor shall be paid a Conversion to Storage payment in an amount equal to Delay Rental for as long thereafter as the Leasehold oorlands pooled/unitized therewith is/are used for gas storage or for protection of gas storage; such Conversion to Storage payment shall first become due upon the next ensuing Delay Rental anniversary date. The use of any part of the Leasehold or lands pooled or unitized therewith for the undeiground storage of gas, or for the protection of stored gas will extend this Lease beyond the primary term as to all rights granted by this Lease, including but not limited to production rights, regardless of whether the production and storage rights are owned together or separately. TITLE AND INTERESTS. Lessor hereby warrants generally and agrees to *fend title to the Leasehold and covenants that Lessee shall have quiet enjoyment hereunder and shall have benefit of the doctrine of after acquired title. Should any person having title to the Leasehold fail to execute this Lease, the Lease shall nevertheless be binding upon all persons who do execute it as Lessor. LEASE DEVELOPMENT. There is no implied covenant to drill, prevent drainage, further develop or market production within the primary tern or any extension of term of this Lease. There shall be no Leasehold forfeiture, termination, expiration or cancellation for failure to comply with said implied covenants. Provisions herein, including, but not limited to the prescribed payments, constitute full compensation for the privileges herein granted COVENANTS. This Lease and its expressed or implied covenants shall not be subject to termination, forfeiture of rights, or damages due to failure to comply with obligations if compliance is effectively prevented by federal; state, or local law, regulation, or decree, or the acts God and/or third parties over whom Lessee has no control. RIGHT OF FIRST REFUSAL. If at any time within the primary term of 'this Lease or any continuation or extension thereof, Lessor receives any bona fide offer, acceptable to Lessor, to grant an additional lease ("Top ? eW) covering all or part of the Leasehold, Lessee shall have the continuing option by meeting any such offer to acquire a Top Lease on equivalent terms and conditions. Any offer must be in writing and must set forth the proposed Lessee's name, bonus consideration and royalty consideration to be paid for such Top Lease, and include a copy of the lease form to be utilized reflecting all pertinent and relevant terms and conditions of the Top Lease. Lessee shall have fifteen (15) days after receipt from Lessor of a complete copy of any such offer to advise Lessor in writing of its election to enter into an oil and gas lease with Lessor on equivalent terms and conditions. If Lessee fails to notify Lessor within the aforesaid fifteen (15) day period of its election to meet any such bona fide offer, Lessor shalfhave the right to accept said offer. Any Top Lease granted by Lessor in violation of this provision shall be null and void ARKIRATION. In the event of a disagreement between Lessor and Lessee' concerning this Lease, performance thereunder, or damages caused by Lessee's operations, the resolution of all such disputes shall be determined by arbitration in accordance with the rules of the American Arbitration Association. All fees and costs associated with the arbitration shall be home 'equally by Lessor and Lessee. ENTIRE CONTRACT. The entire agreement between Lessor and Lessee is embodied herein. No oral warranties, representations, or promises have been made or relied upon by either party as an inducement to or modification of this Lease. SURRENDER. Lessee, at any time, and from time to time, may surrender and cancel this Lease as to all or any part of the Leasehold by recording a Surrender of Lease and thereupon this Lease, and the rights and obligations of the parties hereunder, shall terminate as to the part so surrendered; provided, however, that upon each surrender as to any part of the Leasehold,, Lessee shall have reasonable and convenient easements for then existing wells, pipelines, pole lines, roadways and other facilities on the lands suireirdered. SUCCESSORS. All rights, duties, and liabilities herein benefit and bind Lessor and Lessee and their heirs, successors, and assigns. FORCE MAJEURE. All express or implied covenants of this Lease shall be subject to all applicable laws, rules, regulations and orders. When drilling, reworking, production or other operations hereunder, or Lessee's fulfillment of its obligations hereunder are prevented or delayed by such laws, rules, regulations or orders, or by inability to obtain necessary permits, equipment, services, material, water, electricity, fuel, access or easements, or by fire, flood, adverse weather conditions, war, sabotage, rebellion, insurrection, riot, strike or labor disputes, or by inability to obtain a satisfactory market for production or failure of purchasers or carriers to take or transport such production, or by any other cause not reasonably within Lessee's control, this Lease shall not terminate, in whole or in part, because of suph prevention or delay, and, at Lessee's option, the period of such prevention or delay shall be added to the term hereof. Lessee shall not be liable in damages for breach of any express or implied covenants of this Lease for failure to comply therewith, if compliance is prevented by, or failure is the result of any applicable laws, rules, regulations or orders or operation of force majeure. SEVERABILITY. This Lease is intended to be in conformity with all laws, rules, regulations and orders and interpreted as such. If any provision of this Lease is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. COUNTERPARTS. This Lease may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Lease and all of which, when taken together, will be deemed to constitute one and the same agreement. See Addendum attached hereto and made a part hereof: IN WITNESS WHEREOF, Lessor hereunto sets hand and seal. Witness (Seal) Mark A. Garlick Witness (Seal) Terrie A. Garlick ACKNOWLEDGMENT STATE OF ) SS: ; COUNTY OF ) On this the day of , 2008, before me, the undersigned authority, personally appeared Mark A. Garlick and Terrie A. Garlick, husband and wife who, being duly sworn according to law, depose and say that helshelthey executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Signature/Notary Public Name/Notary Public (print): Prepared by & Recorder: Return to Chesapeake Appalachia, L.L.C., Land Dept., P. O. Box 6070, Charleston, WV 25362-0070 MEMORANDUM OF OIL AND GAS LEASE Lease # This Memorandum of Oil and Gas Lease is made and entered into this 24`h day of June, 2008 by and between Mark A. Garlick and Terrie A. Garlick, husband and wife, whose address is 8 West King St., Apt 3 Littlestown, PA 17340, hereinafter called Lessor, and Chesapeake Appalachia, L.L.C. whose address is P.O. Box 6070, Charleston, West Virginia 25362-0070 (hereinafter called "Lessee"). WITNESSETH For and in consideration of the sum of One Dollar ($1.00) cash in hand paid, and other good and valuable consideration, Lessor did make and execute in favor of Lessee an Oil and Gas Lease dated June 20, 2008, and made effective June 24th, 2008, which provides for a five (5) year primary term covering Lessor's interest in the following described lands: Tax Map No: 61-115.00-0964000-000 bounded formerly or currently as follows: On the North by lands of M. Woodruff On the East by lands of: T. Goodwin On the South by lands of: T. 461 On the West by lands of H. Gandhi Containing 17.630 acres and located in the Township of Wyalusing, County; of Bradford, Commonwealth of Pennsylvania, for the purpose of drilling, operating for, producing and removing oil and gas and all the constituents thereof. Said lands were conveyed to Lessor by virtue of deed dated January 14,1999 and recorded in said County and Commonwealth in Instrument # 199901430. This Memorandum of Oil and Gas Lease is being made and filed for the purpose of giving third parties notice of the existence of the Lease described above. The execution, delivery and recordation of this Memorandum of Oil and Gas Lease shall have no effect upon, and is not intended as an amendment of the terms and conditions of the Lease. It is the intent of the Lessor to lease all of Lessor's interest in and to the properties described: herein, whether or not the tracts recited herein are properly described, and further it is understood this lease includes all rights' owned by the Lessor in the properties described herein. IN WITNESS WHEREOF this Memorandum of Oil and Gas Lease is executed as of the date first above written. WITNESS: LESSOR: Mark A. Garlick State of County of Terrie A. Garlick ACKNOWLEDGEMENT On 2008 before me, the undersigned, a Notary public in and for said State, personally appeared Mark A. Garlick and Terrie A. Garlick, husband and wife, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument; the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. My commission expires Signature / Notary Public i Notary Public (print) _ Prepared by & Recorder return to: Premiere Land Services, LLC, 2673 Bartlett Road, Mantua, OH 44255 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, Plaintiff, vs. MARK A. GARLICK, Defendant. NO. 02-1969 CIVIL ACTION - LAW ACTION IN DIVORCE CERTIFICATE OF SERVICE I, 4my E. W. Ehrhart, Esquire, attorney for the above Defendant, hereby certify that on this _ lay of , AV , 2008, I have forwarded a copy of the Petition to Enforce Discovery and For Special Relief, in the above-captioned action to the following individual(s) by regular U.S. Mail as set forth below: Nora F. Blair, Esq. P.O. Box 6216 Harrisburg, PA 17112-0216 Respectfully submitted, MOONEY & ASSOCIATES B• E. W hart, Esquire Attorney for Defendant I.D. # 79863 230 York Street Hanover, PA, 17331 (717) 632-4656 r-.2 0 -sa --? x + c? b n r r n FLEe 0 J 2099c,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, Plaintiff, NO. 02-1969 VS. MARK A. GARLICK, Defendant. CIVIL DIVISION - LAW ACTION IN DIVORCE ORDER OF COURT AND NOW, this day of 2007, upon 1-10 consideration of the within Petition to Enforce Discovery and For Special Relief, it is hereby I ordered a Hearing is scheduled fa I?/7 ?Jz 20 at m., Courtroom # of the Cumberland County Courthouse. hour ha been allotted for the hearing. BY E CO , J. 9 Z: I d! 1 93.E 60OZ 3flx ?? O-Cmu r s TERRIE A. GARLICK IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MARK A. GARLICK NO. 2002 -1969 CIVIL TERM ORDER OF COURT AND NOW, this 17TH day of MARCH, 2009, the hearing scheduled for Monday, March 2, 2009, at 10:00 a.m. is rescheduled to MONDAY, APRIL 27, 2009,_ at 9:30 a.m. in Courtroom # 3. By the Court;,. Edward E. Guido, J. .'.)(oa F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, Pa. 17112-0216 ?'11y Ehrhart, Esquire 230 York Street Hanover, Pa. 17331 :sld 0&4 C'6 wo's V 80 • I I V 91 8vw 6002 3HI JO 30liNIi , 314 TERRIE A. GARLICK, Plaintiff V. MARK A. GARLICK, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1969 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of April, 2009, by agreement of the parties, it is hereby ordered and directed as follows: 1. Plaintiff will provide the requested discovery within 10 days of today's date. 2. Plaintiff shall make available her jewelry and other personal marital property to an appraiser designated by Defendant within 30 days. 3. The issue of counsel fees will be reserved for decision by the Master. ---Nora F. Blair, Esquire Attorney for Plaintiff Amy Ehrhart, Esquire Attorney for Defendant srs COPl'F- s mdc Lam, dl 2Z1°9 By the Court, 0C :I Nd LZ M 6632 Jlr Y i TERRIE A. GARLICK, Plaintiff/Petitioner V. MARK A. GARLICK, Defendant/Respondent :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 02-1969 CIVIL ACTION -- DIVORCE PETITION FOR BIFURCATION OF DIVORCE ACTION AND NOW comes Terrie A. Garlick, by and through her attorney, Nora F. Blair, Esquire, files this Petition for Bifurcation of Divorce Action and in support thereof avers as follows: 1. The parties hereto are husband and wife having been married on November 18,1983. 2. The parties hereto have been separated since on or about March, 2000. 3. Petitioner has made every reasonable effort to settle the equitable distribution issues in this divorce action. 4. The parties have been unable to reach agreement with respect to the equitable distribution and other economic issues in this divorce matter. 5. Petitioner provides health insurance coverage for Respondent through her employment. 6. Upon information and belief, Respondent has not used the health insurance provided by Petitioner for the last several years. 7. Petitioner does not pay spousal support or alimony pendente lite to Respondent. V 8. There will be no harm to Respondent by having the Decree in Divorce entered and the economic issues resolved at a later date. WHEREFORE, Petitioner respectfully requests that Your Honorable Court enter an Order bifurcating the divorce from the economic issues in this divorce action and to allow the immediate entry of a Decree in Divorce. submitted, DATED: ,.. Nora F. Blair " Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: TERRIE A. GARLICK, Plaintiff/Petitioner V. MARK A. GARLICK, Defendant/Respondent :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 02-1969 CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Petition for Bifurcation of Divorce Action on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Amy E. W. Ehrhart, Esquire 230 York Street Hanover, PA 17331 Date: ?';6_ 07 Respectfully submitted, April nto ?1 ?t f V ? ??U? ? ????? .. ?.VV 1 :3?! V1?i4 ,J f ? t { .,.? at `??.? I \ ? i 3 i 2 2009 TERRIE A. GARLICK, :IN THE COURT OF COMMON PLEAS, Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1969 MARK A. GARLICK, : CIVIL ACTION -- DIVORCE Defendant/Respondent ORDER AND NOW this day of klv-?? 2009, after review I V of the attached Petition for Bifurcation of Divorce Action and to Correct Plaintiff s Name in Caption, it is hereby ORDERED AND DECREED that Mark A. Garlick show cause, if any exists, why this divorce action should not be bifurcated and a Decree in Divorce entered. RULE RETURNABLE 6?0 after service. J. Distribution: xora F. Blair, Esquire, PO Box 6216, Harrisburg, PA 17112-0216 :)6y E. W. Ehrhart, Esquire, 230 York Street, Hanover, PA 17331 J 0 FILED OF THE P 2009 AUG 28 Aft ! 1 : 22 .E?- p z. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA TERRIE A. GARLICK CASE NO. 02-1969 V. CIVIL ACTION- LAW MARK A. GARLICK ACTION IN DIVORCE ANSWER AND OBJECTION TO PLAINTIFF'S PETITION FOR BIFURCATION OF DIVORCE ACTION COMES NOW, the Defendant, Mark A. Garlick, by and through his attorney, Amy E.W. Ehrhart, Esquire, and files this Answer and Objection to the Plaintiff's Petition for Bifurcation of Divorce Action, and states: 1. Paragraph one of Plaintiff's Petition is admitted 2. Paragraph two of Plaintiff's Petition is denied. The parties separated in April of 2002. 3. Paragraph three of Plaintiff's Petition is denied. Plaintiff has made no effort to settle the equitable distribution issues pending in the divorce action and in fact has been the sole cause for the delay in the process. Discovery was served on Plaintiff on March 10, 2008. Despite repeated requests therefore, Plaintiff's incomplete answers were not served on Defendant until May of 2009. To date, Defendant has not received a complete set of answers to discovery from Plaintiff. 4. Paragraph four of Plaintiff's Petition is admitted. 5. Paragraph five of Plaintiffs Petition is admitted. 6. Paragraph six of Plaintiff s Petition is admitted. 7. Paragraph seven of Plaintiff's Petition is admitted. 8. Paragraph eight of Plaintiff s Petition is denied. Defendant will be harmed in the event the divorce decree is granted prior to resolution of the equitable distribution issues. Plaintiff has a pension which currently lists Defendant as the beneficiary, as well as a 401(k) account, an IRA and life insurance. In the event the divorce is granted, Plaintiff will be permitted to change the beneficiary or make other changes to the accounts which could deprive Defendant of any money he may be entitled to receive. 9. The marital assets consist partly of the marital residence and a vacant property in Bradford County, PA, both titled as tenants by the entireties. If a divorce were entered prior to the entry of a decree of equitable distribution, the title to these properties would be converted to tenancy in common, and either party could convey or mortgage his or her one-half interest without the consent of the other party, to the detriment of the other party. Additionally, creditors of either party could execute on the property to the detriment of the other party's interest therein. 10. The Plaintiff controls essentially all of the marital assets and the information related thereto. The entry of a divorce decree prior to the entry of a decree of equitable distribution will impede settlement of the marital property issues of the parties as we have already seen that Plaintiff is unwilling to provide information about the assets to Defendant. The more economically independent spouse, in this case Wife, has more to gain by delaying the proceedings as long as possible. 11. Plaintiff has shown no compelling reason to bifurcate the proceedings. WHEREFORE, Plaintiff s Petition for Bifurcation of the divorce proceedings should be denied. Respectfully submitted, 717-632-4656 ID#79863 Hanover, PA 17331 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRIE A. GARLICK, NO. 02-1969 Plaintiff, vs. CIVIL ACTION - LAW MARK A. GARLICK, Defendant. ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Amy E. W. Ehrhart, Esquire, attorney for the above DEFENDANT, hereby certify that on this day of ??nLjb_af_ , 2009, I have forwarded a copy of the Answer and Objection to Plaintiff's Petition for Bifurcation of Divorce Action, in the above- captioned action to the following individual by regular U.S. Mail and facsimile as set forth below: Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 Fax (717) 541-1429 Respectfully submitted, MOONEY & ASSOCIATES By: ? - l Amy E. W. Ehr a t, Esquire ?T1Zsz_. Attorney for D FENDANT I.D. # 79 230 York Street Hanover, PA 17331 (717) 632-4656 OF TH, E rAi,u 2093 SEP 15 Ksi Ili: 010" , _ TERRIE A. GARLICK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARK A. GARLICK : NO. 2002 -1969 CIVIL TERM ORDER OF COURT AND NOW, this 24TH day of SEPTEMBER, 2009, a hearing on the Plaintiff's Petition to Bifurcate is scheduled for THURSDAY, OCTOBER 29, 2009, at 1:00 p.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. By the Court, Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, Pa. 17112-0216 XAmy Ehrhart, Esquire 230 York Street Hanover, Pa. 17331 :sld Edward E. Guido, J. FfU F THE 2 009 sLEF 24 E r ? 1 TERRIE A. GARLICK, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUN'T'Y, PENNSYLVANIA V. : NO. 02-1969 MARK A. GARLICK, : CIVIL ACTION -- DIVORCE Defendant MOTION FOR CONTINUANCE AND NOW comes Terrie A. Garlick, by and through her attorney, Nora F. Blair, Esquire, files this Motion for Continuance and in support thereof avers as follows: 1. By Order of this Court dated September 24, 2009, the parties to this matter are scheduled for a Bifurcation Hearing at 1:00p m. on October 29, 2009, on Plaintiff s Petition to Bifurcate. 2. Plaintiffs counsel is unable to attend due to the unforseen complications of her friend's lung transplant in Philadelphia. 3. At the conference with the Master recently, it was discussed that a bifurcation might not be in the parties best interest. 4. Opposing party's attorney agrees to the request for a continuance on this matter. 5. Counsel will discuss if the bifurcation is appropriate and let the Court know if the matter should be rescheduled. WHEREFORE, Nora F. Blair, Esquire respectfully requests that Your Honorable Court continue this matter. Respectfully submitted, DATED: 10--0 7 Harrisburg, PA 17112-0216 (717) 541-1428 Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 TERRIE A. GARLICK, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1969 MARK A. GARLICK, :CIVIL ACTION -- DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Motion for Continuance, on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Amy E. W. Ehrhart, Esquire 230 York Street Hanover, PA 17331 Date: N ? /Z A p' . Tinto R ME FAIR6(Tf?, OF TH 21"OCT23 0,12,21 cl???? r TERRIE A. GARLICK, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1969 MARK A. GARLICK, : CIVIL ACTION -- DIVORCE Defendant ORDER AND Now this a -70 d U -?? ay of , 2009, after review of the attached Motion for Continuance, it is hereby ORDERED AND DECREED that the hearing scheduled for October 29, 2009, is continued generally. Counsel may contact This Court to have the matter reschedulgd, EDWARD E. GUIDO, JUDGE ,,,Distribution: Nora F. Blair; Esquire, P.O. Box 6216, 5440 Jonestown Road, Harrisburg, PA 17112- 216 Amy E. W. Ehrhart, Esquire, 230 York Street, Hanover, PA 17331 0 ??_S ?v a S?oq .tyl FILED-40.1 FILE OF THE PROrr!rJNOTARY 209 OCT 27 PM 4: 04 PENNSYLVANIA