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HomeMy WebLinkAbout02-4065 SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT-LAW 26 W. High Street Carlisle. P A Danny L. Turner, Plaintiff : In the Court of Common Pleas : Curnberland County, Pennsylvania v. : No. 2002 - .l/as- Civil Term Carol L. Turner, Defendant Civil Action - Law In Divorce NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF1CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY Date: 9 - 2- /r /;2 By: SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, PA Danny L. Tumer, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. : No. 2002 - fo ~.:5/ Civil Term Carol L. Tumer, Defendant : Civil Action - Law : In Divorce COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE I. Plaintiff is Danny L. Turner, who currently resides at 210 Big Pond Road, Shippensburg PA 17257, Cumberland County, Pennsylvania. 2. Defendant is Carol L. Turner, who currently resides at 1925 McClures Gap Road, Carlisle P A 17013, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 29, 1989 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: 8 - 2-~ - 0 2... By: SAIDIS SHUFF, FLOWER & LINDSAY A1TORNEYS-Ar-UW 26 W. High Street Carlisle. P A AFFIDAVIT I, Danny L. Tnrner, being duly sworn according to law, depose and say: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, 1 do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. Dated: ~/.2110::L ~~~ .- Danny . Tnrner, Plaintiff SAIDlS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT_LAW 26 W. High Street Carlisle, P A VERIFICATION I verifY that the statements made in this Complaint 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. Dated: ~h t,/o 2- ~~~~ Danny . Turner, Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATroRNEYS.AT-LAW 26 W. High Street CarUsle, P A CERTIFICATE OF SERVICE On this .J1~~y of LA ~, 2002, I, Johnna Kopecky, hereby certify that I served a true and correct copy of the foregoing DIVORCE COMPLAINT via United States Mail, certified, restricted delivery, return receipt requested, postage prepaid, addressed as follows: Carol L. Turner 1925 McClures Gap Road Carlisle PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY By: "~4~fI~ t/ Johnna J. Kope y, Esquire Supreme Court J.D. #53147 26 West High Street Carlisle PA 17013 (717) 243-6222 Counsel for Plaintiff ~ ~ () ~. "- 0 ,'"'') ~ "- C I'J "n l ~ ~\ ?' ~ -u-- ~ , ((: .~ ~. ~ Q.q11 G' _'0\ ~ 7-T- ~ ~ Zf" ;~ r-- 0:\ \~. ~r) IT; ~ ....; :0 \ ::S ;2 i:;.2\~) <><\ ~. ~ '\ yc: ~ ;:i>.- 2~ '~~?F; \. 2.;-) ~ :i>;"" 9 .;nl . '5: ;~:~ ~ ~ =< '-" :i; ...J .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Danny L. Turner, Plaintiff v No. 2002- I../Ol.S" (7;u~( ~E.a..~ Carol L. Turner, Defendant PR A Fr.TPF Kindly enter the appearance of John F. Pyfer, Jr., Esquire and Pyfer & Reese, on behalf of the Defendant, Carol L. Turner, in the above-captioned action. Please serve all papers to 128 North Lime Street, P.O. Box 1597, Lancaster, Pennsylvania, 17608-1597. PYFER & REESE By: 0 (~ ,..., c: f'0 ~-\ s: (l) \JtT' eq q]r'~; --,J L--.,' r (j) c,._. GJ _c r::: t 1:: C' j~: (,~" c.:. .. ::~. ;.' --, :.lJ -<. ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Danny L. Turner Plaintiff vs. No. 2002-4065 Civil Teml Carol L. Turner Defendant DEFENDANT'~ AN~WER TO COMPLATNT TN DIVORCE, COIJNTERCLAIM AND NEW MATTER 1. Admitted. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. No response required. 7. Admitted. 1 COT INTERCT ,A TM Paragraphs 1 through 7 are incorporated herein by reference as though fully set forth. 8. Plaintiff is Danny L. Turner, an adult individual residing 210 Big Pond Road, Shippensburg, Cumberland County, Pennsylvania. He is not in the military service of the United States. 9. Defendant is Carol L. Turner, an adult individual residing at 1925 McClures Gap Road, Carlisle Cumberland County, Pennsylvania. 10. Plaintiff and Defendant were married on November 29, 1989 In Carlisle, Cumberland County, Pennsylvania. 11. The marriage is irretrievably broken. 12. There has been no prior action for divorce or armulment of marriage between the parties in this or any other jurisdiction. 13. Plaintiff and Defendant have been bona fide n::sidents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 14. Defendant has been advised of the availability of counseling and that she has the right to request that the Court require the parties to participate in counseling. 2 NEW MATTER c;OlINT 1 - EQIHTART,E nlSTRlRTJTTON Paragraphs 1 through 14 are incorporated herein by reference as though fully set forth. 15. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, from November 29, 1989, until the date of filing of the divorce complaint. 16. Plaintiff and Defendant have been unable to agree as to an equitable division of their marital estate. WHEREFORE, Defendant respectfully requests your Honorable Court to equitably divide the marital estate. c;OlJNT TT- SPOlJSAL SlJPPORT, ALTMONY ANn AI.TMONY PENnRNTR UTE Paragraphs 1 through 16 are incorporated herein by reference as though fully set forth. 17. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 18. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established in the marriage. WHEREFORE, Defendant requests Your Honorable Court to enter an award of 3 reasonable temporary alimony until resolution of the issues raised by these pleadings and permanently thereafter. COT TNT HI _ A TTORNEY'S FEES, COSTS A NO EXPENSES Paragraphs 1 through 18 are incorporated herein by reference as though fully set forth. 19. Defendant has employed John F. Pyfer Jr., Esquire, and Pyfer & Reese, as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. WHEREFORE, Defendant respectfully requests Y ow~ Honorable Court to enter an award of temporary counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as are deemed appropriate. RespectJully submitted, PYFER & REESE By: r. r efendant 128 e Street P.O. Box 1597 Lancaster, PA 17608-1597 (717) 299-7342 (717) 299-1376 Attorney LD. No. 15743 4 I Veri1jr that the statements made in the foregoing document are true and COlTCCt. I YRR TFTl' A T'TON. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~ ...,. ;-? / .<- /~"/U .;< , /t/ JAIu} , -it ' t -~ 1/ Caron. Turner, Defendant Date: r/;i/tJ:f , . PROOF OF SERVICE I hereby certify that I am this ~day of March, 2003, served the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. ~ 440. Service by first class mail, addressed as follows: Ms. Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 PYFER & REESE By: -.. tv U') ...J W ""C ~ .... D o ....) 0 t~ 6'=1;:) -!- :Nf? JI:. I( () fi -C}(;: rT'. r.:" ~.-:-.. "~.- ....~,.., ~~ s;. ~:. ::'-3 -.... , . (,~~J C --~ .. '.C. ~,_.:' ",,' c.,.;;, F:\FILES\DAT AFlLE\General\Current\7436.36pral Created: 7171044:06PM Revised, 7/8/04 8:14AM DANNY L. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA NO. 2002-4065.- CIVIL ACT10N - LAW v. CAROL L. TURNER, Defendant IN DIVORCE pRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff in the above matter. MARTS ON DEARDORFF WILLIAMS & OTTO By5L ! lNJl~ Thomas J. Will s, Esquue Ten East High Street carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: July 8, 2004 1, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: CERTIFICATE OF SERVICE John F. Pyfer, Jr., Esquire PYFER & REESE 128 North Lime Street P.O Box 1597 Lancaster, P A 17608 Carol Lindsay, Esquire SAIDIS SHUFF FLOWER & LlNDSA Y 26 West High Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO y -. /0 fo/AoI-r? T cia D. Ecke:nroad en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 8, 2004 (") ,::; ~--,... -~jfT' f:'1;:(. z C'} ~ ~?,: ( t"-', j;c,---' :;;~ :;J too.) = = x- c..... c.- r- I 00 o -" ~..." rnp "Urn :::10 06 ::;j.'i 9.~ ~~m "'\"". '''J :< ~ ~ C5 U1 N SAIDIS SHUFF, FLOWER & LINDSAY ATfORNEYS.AT.LAW 26 W. High Street Carlisle. P A Danny L. Turner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4065 CIVIL ACTION - LAW Plaintiff vs. Carol Turner, Defendant : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of thl9 Plaintiff, Danny L. Turner, in the above captioned case. By: arol . Lindsay, Esquire ID# 4 693 est High Street Carlisle, PA 17013 (717) 243-6222 Q "'" 0 C.) <:~) ., - ,- ~- i" <- .-l c:: ~r: .i r-- r11F m }', 'I' <:.1"' ,") ~:-:'iCJ ::::: :C=H 'I...!..! 0 i:.~f~ ---J ~.:-j "!:>- en ~-,-".l -< -' -< Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DANNY 1.. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-4065 - CIVIL ACTION - LAW CAROL 1.. TURNER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT l. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on August 21,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: y'i ~~ 5 - j. -' ,;.;, , :-.;::;} ~l ',...) -I ::::-:-J iTi c.) ~.~~-<; ,.1' C5 Cl Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17512 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANNY L. TURNER, Plaintiff v. NO. 2002-4065 - CIVIL ACTION - LAW CAROL L. TURNER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND & 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. Date: S~;/65~ I / ..-.' ,..., 1,.-::" -1'1 ~;.~~, <.:...., ~,,- .'. w ::.1.) (F. Thomas J. Williams, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 17512 10 East High Street CaIlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANNY 1. TURNER, Plaintiff v. NO. 2002-4065 - CIVIL ACTION - LAW CAROL 1. TURNER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND & 330Hd) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in tbis waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. Date: !me /3)05 / C-1Ajl{ j "1;!VVIiA---/ Carol 1. Turner, Defendant (...) C,) .. ~.. ,~ , F:IFILESIDA T AFlLE\GeneraJICurrenI17436.36 consent Created: 717/04 406PM Revised: 4115/05 120PM Thomas J. Williams, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO !.D. 17512 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANNY L. TURNER, Plaintiff v. NO. 2002-4065 - CIVIL ACTION - LAW CAROL L. TURNER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. August 21,2002. A Complaint in Divorce under 9 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. Date:~ ) '~) oS- /1 .1 j)~-/' ") CU.{I'i.. rX'. / 1-< knf/L/ Carol L. Turner, Defendant C) .-n ,-,) 1.--",-; (,)) ------ - ~4/15/2005 07:30 7172431850 MCl.<JO PAGE 02/18 J~A1~"Ku.JU."'" ~OUlft'HU;(llI:)!N RlM....t -"'\jMJll;l;lL.,,,,M Gc1-4ms MARlT AL SETTLEMENT AGREEMENT This Agreement, made this fa ~ day of flLal/ , 2005, by and between DANNY L. TURNER, 210 Big Pond Road, Shippensburg, ~ennsyIVania, (hereinafterreferred to as "Husband") and CAROL L. TURNER, 1925 McClures Gap Road, Carlisle, "Pennsylvania (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on November 29, 1989, in Carlisle, Permsylv<mia; and WHEREAS, difficulties have arisen between the parties as aresult ofwbich they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in settlement ofa divorce action filed in the Court of Common Pleas;ofCumberland County, Pennsylvania and docketed to No. 2002-4065; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligatiollS under the law and this Agreement, or els~ have waived their right to legal advice. Each party hereby confinns that he or she has read carefully and fully understands the terms, conditions and provisions oftrus Agreement and believes san"le to be fair, just, adequate and reasonable under the existing facts and " " circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have be.en fully advised by their respective counsel of their rights and obligations, have read carefully and und~stand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which w\>1.lld be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent ofnonmarital property held or expected t.o be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intendipg to be legally bound hereby, the parties hereto do hereby agree as follows: ,. ~4/15/2005 07:30 7172431850 MDWO PAGE 03/18 .! 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully l\S ifhe or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other_ 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right ill the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the PeIlllJ:o")'lvaniaDivorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce under Section 330 1 (c) of the Pennsylvania Divorce Code as filed in the Court of Cornman Pleas of Cumberland County at No_ 2002-4065, and, in connection therewith, to execute and acknowledge whatever consents or other.docwnents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The tenus of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. Concurrently with the execution of this Agreement each party both parties shall execute and file an Affidavit of Consent pursuant to Section 3301(c) of the PeIlI1Sylvania Divorce Code and a Waiver of Notice ifIntentiolJ. to :Request Entry of a Divorce Decree. 2 ~4/15/2005 87:30 7172431858 MDWO PAGE 04/18 4. DEBTS: Both parties agree that, in the futw.e, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and hannless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnifY and defend the other party from any claim regarding same. 5. MARlY AL DEBTS: During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what puxpose and to whose use each of the bills was incurred, that Husband shall be solely responsible for the bills, obligations and debts, with the exception of the fOllowing: A" Marital Credit Card Debt: With regard to the marital credit card ,. obligations, Wife will pay them offin full immediately upon execution of this Agreement and her receipt of the cash payment from Husband. 6. REAL PROPERTY: A. 1925 McClures Gan Road. Carlisle: The farm property located at 1926 McClures Gap Road, Carlisle, will be transferred solely to Wife. Concurrently "With the execution of this Agreement:and all related documents, Husband shall execute and deliver to Wife and Deed for said farm property, immediately cause the mortgage to be satisfied in full and present Wife with evidence of same. Wife shall pay all associated taxes and any other debts pertaining to this property. Wife will thereafter hold Husband harmless for any debts, liabilities or claims with respect thereto. Husband will be granted the Right ofFirst Refusal to purchase this property in the event Wife decides to sell it. This properly is comprised of Lots 1 and 2, one of which has the house and bam and the other which currently consists of fann land. In regard to Husband's first right of refusal, Wife 3 04/15/2005 07:30 7172431850 MDWO PAGE 05/10 has the sole discretion to the use of the property and there is no restricted discretion as to the use of the farm property. Further, the right of first refusal would be granted to Husband subject to the matching of any existing offer. Wife may gift a portion of the farm to her i=ediate family at a later date. In the event such gift is made, Wife~grees that the right of first refusal would remain in effectto Husband for a period often years after the gift. Husband would not have any right to transfer or assign his right of refusal nor could anyone other than Husband personally exercise that right. B. 210 Bie Pond Road. ShipDensburli:. Pennsylvania: Wife hereby waives all of her right, title and interest in said property. Husband shall hold indemnify, save and hold Wife harmless from any claim. C. Anartment. West Pennsboro Townshin: Wife hereby waives all of her right, title and interest in said property. Husband shall hold indemnify, save and hold Wife harmless from any claim. 7. PERSONAL PROPERTY: A. :' Automobiles: Each party shall be solely responsible for any debt<; pertaining to bis or her said vehicle and shall indemnify, defend and hold the other harmless from any claim with respect thereto. B. Other Personal Propertv: Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and 'apportionment is hereby confmned. The parties will divide the remaining marital tools and antiques which are located at the McClures Gap Farm. Wife will retain the tractor, mower, and camper, as well as the small Turner Hydraulics, Inc., truck, which are currently located at the farm. Wife will release any interest in the Corvair automobile currently located at the Turner Hydraulics, Inc. property. In addition, Wife would receive a trash packer from Turner Hydraulics, Inc. 8. CASH: Concurrently with the execution of this Agreement and all related documents, Husband shall pay Wife a lump sum cash payment the amount of $64,000.00. 4 ~/15/2005 07:30 7172431850 MDWO PAGE 06/10 9. PENSIONS I RETIREMENT/ INVESTMENT ACCOUNTS: Wife will receive a distribution by a Qualified Domestic Relations Order in the arnount of $27,000.00 from Husbands 401 (k) Plan to be completed as soon as administratively possible after the execution of this Agreement'. Wife shall cause the QDRO to be prep~ed. Husband shall make himself inunediately avaihible to review and sign sarne, if required by Wife,as soon as the QDRO is ready. 10. LIFE INSURANCE: Husband will maintain life insurance with Wife as beneficiary, in the amount of$235,000.00, which is subj ect to reduction as equitable distribution and ". salary obligations are satisfied. -. II. EMPLOYMENT: Wife will continue to receive her current salary from Turner Hydraulics, me., until the land transfer and mortgage payoff referred to on Article 6 and the cash payment referred to in Article 8 have been completed, at which time Wife's salaJ:ywould be reduced to $30,000.00 pet 'year for a period of five (5) years. Additionally, Wife will continue to receive complete employeh benefits, including health insurance, 401 (k), contribution to Social Security tax payment, and continued reimbursement of all medical expenses and bills not covered by the Company healthin'suranceplan pursUilIlt to the existing Cornpanypractice. Wife will be responsible for co-pays and cci-tam other expenses which are considered to be the employee's responsibility. Turner Hydraulics, me. will pay any bills related to the 10% employee portion, as that is the normal and customary policy of tbe company. As appropriate documentation is submitted, Turner Hydraulics, Inc. "{ill provide payment in the usual and customary fashion. In the YVent of the sale of assets, stocks, or substantial transfer of the business interests of Turner Hydraulics, Inc. by Husband, all remaining obligations to Wife will be paid in full. Additionally, the salary obligations of Turner Hydraulics, Inc. will be personally guaranteed by Husband. Similady, Husband will guarantee the continuance of major medical and health insurance coverage for the fiNe-year period set forth above. 12. TURNER HYDRAULICS. INC. The parties acknowledge and agree that Husband will keep as his sole and separate property his interests in numerous busin.esses. Commencing on the execution date of this Agreement, Hnsband shall be solely and exclusively responsible for all 5 ~04/15!2005 07:30 71 72431850 Mooo PAGE 07118 costs, expenses and lillbilities associated with or attributable to his interest in the business entities, and Wife waives all of her right, title and interest in Husband's business entities. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection withsuch liabilities and expenses or resulting from Husband's ownership interest in the business entities. 13. ENFORCEMENT: Ifeitherpartydefaults in the due performance of any of the tenns, conditions ,and covenants of this Agreement on his or her part to be performed, the non- defaulting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challen"cres the validity ofthis Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 14. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose ofthis Agreement. In the event that either party shall refuse or fail to execule andlor acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. ]5. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the putpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jomtly by their respective attorneys. 16. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, indep~ndently of any claim or right of the other, all it=s of property, be they real, personal or mixed; tangible or intangible, which is or has been acquired by him or her after the date 6 ~4/15/2005 07:30 7172431850 MDWO PAGE 08/18 of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for ali purposes, as though he or she were lIIlIIlarried. 17. ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed ofms or her residence address and telephone number, and shall promptly notifY the other in writing of any change of address by giving the new residence address and telephone number. 18 MISCELLANEOUS: A. Thi,s Agr<:ement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral ". agreements betWeen them respecting the within S\lbject matter. There are no representations, agreements, arran~ements or understandings, oral or written, between and among the parties hereto relating to the subject matter ofthis Agreement which are not fully expressed herein. B. TWs Agreement may not be amended, modified, altered orrevoked except in writing ex.ecuted by both the parties hereto. C. This Agreement may not be assigned by eitherparty without the prior written consent " of the other party~ D. This Agreement may be executed in multiple counterparts, each ofwmch shall be deemed an original for all purposes, and all of wmch together shall constitute one and the same instruxnent. E. Thi's Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date ofthis Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland COWlty, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. 7 B4/15/2085 87:38 7172431850 MDI,)O PAGE 09/18 'j H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver theteof, and a. waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement.. I. All payments or communications pertaining to matters provided for in th.isAgreement may be made or given if delivered or mailed to a party, at s.uchaddress as either party shall designate to the other in writing from time to time, or, if no S\lch designation is made, then to the address as set forth above. , J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. " K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the j:xtent possible, su;'vive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above WIjtten, intending to be legally bound hereby. WITNESS: ,Iu"",~ o "1vwLL ........ I , (l~S+~ ~,,~~ anny L. eT .. L~l^.h~ J-T UM"ON Carol L. Turner 8 84/15/2385 87:38 7172431853 MDWO PAGE 18/18 COMNIONWEALTIlOFPENNSYLVANIA ) :SS COUNTY OF CUMBERLAND ) On this, the ) '3tk'day of vYi '" '/ ,2005, before me, the undersigned officer, personally appea:red Danny 1. Turner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto sel my hand and official seal. '1'~4J ~t /:.4",,- (SEAL) COMMON Wi' All Ii OJ I'I'NNSYLV~NIA ,1 Notarial Seal Mary M. Price, Notary Public Carlisle 80r.o, Cumberland County My Commission Expires Aug. 18,2007 Member. Ponnsyivar1l3 Association 01 Notaries COMNIONWEALTH OF PENNSYLVANIA) :SS COUNTY OF CUMBERLAND ) On this, the I,rl.day of MOo. '/ ,2005, before me, the undersigned officer, personally appea:red Ca:rol 1. Turner, knOIl\'ll to me (or satisfactorily proven) to be tIN person whose Dame is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN wrnmss WHEREOF, I hereunto set my h~d and official sealJ " (J01~ Q 0WJ (SEAL) I NOTARIAL SEAL VALERIE A. ClOUO, NOTARY PUBLIC CITY Of LANCASTER. LANCASTER COUNTY : MY COMMISSION EXPIRES APRIl30 2006 9 .. C) ~, , ~;; c'.) c.,.) - t.1" _...~~-~ - '" F\FlLES\DATAFILE\General\CurTenl\7436-36.EOsl Created, 5/17/05 8.'41AM Revised 5/l8/O5 5,04PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DANNY L. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-4065 - CIVIL ACTION - LAW CAROL L. TURNER, Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify the law firm of Saidis, Shuff, Flower & Lindsay mailed a copy of the Complaint in Divorce to Defendant Carol Turner at 1925 McClures Gap Road, Carlisle, PA 17013 on August 30, 2002, by certified mail, restricted delivery, return receipt requested, and said receipt was returned to Saidis, Shuff, Flower & Lindsay. Attached is the Post Office return receipt signed "Carol Turner" and dated September 5, 2002. I~J lA,J-t~ Thomas J. Williams, Esquire Date: May 18,2005 . . Cl '" "" ~ " .j F<o ['- '" r'l 0 0 0 0 ['- ..ll r'l 0 0 0 ['- ;~:;",\f~~'~~~:~~r~ \"'\"""" ~ ----~~,~g, \' ~\ ';:~~';.'~~:~~L;~l, Cerilfied FeB L" ~ 1!3 D ~ \\~;:, \ p~i~ark \..~~~\. 5 I ;';"i ~ ,!'ij: R,Me Reo"P' Fee f I 1 \~a' "\' (Endorsement ReqL;lred) _ I I '\ .::::;~ \. :_..,;, \ - \ Restricted Delivery Fee -8. 5 D I \ ~ . C:I \\\ (Endorsernent ReqUired) _ "\):.. \, ''-': r:--;;-, S ' (,)\,.: ~"\. iotal postage & Fees ~ J \.~~l;'__i';;:*~;;,'~:._ ...",.0;'\ I ::;:,~)tf~J;it1J~f!jj~i/?!.~'&l.'."\ CiiySu i7' j J /fl /1 (J /3 SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 jf Restricted Delivery is desired. . Print your name Q.ld address on the reverse so that we can r~turn the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: eM/ 1'1u.-me.r ; 14 J. s Ik Dun.1ot? tl (JI1I/ /:5 /e._ f IJ /1f.;$ ( OMPLETE THIS SECTluN ON DELIVERY x 8, D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Sery.ie'e Type !:l Certified Mail o Registered o Insured Mail o E5Iress Mail l:B""'Return Receipt for Merchandise DC,O,Q, 4. Restricted Delivery? (Extra Fee) Ves 2.McleNum~ 1. il (Transfer/rom selViee labef) /) 00 / /t; 1 [) ~ 0 /) I J '7 j '-T PS Form 3811, August 2001 Domestic Return Receipt 7%%0 102595-Q2-M-0835 f .,-,- .; ~ ~~<, () -n -e<.:>::i :; -' ~ l~ ;L ;;-j u.t .J ~~-' ...0 r:: C" ~-j """ -:f;C) 5<;~ - ~ \.D F \FI LES\DA T AFlLE\General\Current\ 7436- 36. pm I Created: 5117105 SAlAM Revised 5/17/05841AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 17512 10 East High Street Carlisle. P A 17013 (717) 243-3341 Attorneys for Plaintiff DANNY L. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-4065 - CIVIL ACTION - LAW CAROL L. TURNER, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 330l(c) ofthe Divorce Code. 2. Date and manner of service of the complaint: via certified mail restricted delivery, return receipt requested on September 5, 2002. 3. Date of execution ofthe Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; May 13, 2005; by the Defendant; May 13, 2005. 4. Related claims pending:' All claims have been settled by a Marital Settlement Agreement dated May 12, 2005, and filed with the Court on May 13, 2005. 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: May 13, 2005. Date Defendant's Waiver of Notice III S3301(c) Divorce was filed with the Prothonotary: May 13, 2005. MARTSON DEARDORFF WILLIAMS & OTTO Date: May 17,2005 ~I ~ By 1~.1 Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ... ,j, , ... ; . ,;' \..(.) - .' a4/15/2005 07:30 7172431850 MDWO PAGE 02/18 J,\1U.EW)1'.t~43o&.16-JU...,d Cn:~OVIfJJ'JU1(ll"IN RlMIIId: k-1WJ01;I1.4',-,"" ()c2 ~4ODS MARITAL SETTLEMENT AGREEMENT This Agreement, made this fa"Jh day of f1I.a~ ' 2005, by and between DAJ"\1NY L. TURNER, 2 J 0 Big Pond Road, Shippensburg, ennsylvania, (hereinafter referred to as "Husband") and CAROL L. TURNER, 1925 McClures Gap Road, Carlisle, 'Pennsylvania (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on November 29, 1989, in Carlisle, Pennsylvania; and WHEREAS, difficulties have arisen between the parties as aresult ofv\'mch they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in settlement of a divorce action filed in the Court of Common Pleas"ofCumberland COWlty, Pennsylvania and docketed to No. 2002-4065; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confIrms that he or she has read careti),lly and fully understands the tenus, conditions and provisions of this Agreement and believes $SIl1.e to be fair, just, adequate and reasonable under the existing facts and " " circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, Wldue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and undo/stand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which w\>)lld be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent ofnonrnarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intendipg to be legally bound hereby, the parties hereto do hereby agree as follows: .' --- d4/15/2005 87:38 7172431850 MDWO PAGE 03/18 ,! 1. SEP ARA nON: Husband and Wife shall be free from constraint or control by the other as fully l\S ifhe or she were wunarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, ms or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actiqns, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and includiug the date hereof; further, the parties acknowledge that all rights under the PenrulyIvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language ofthis paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce under Section 330 I (c) of the Pennsylvania Divorce Code as filed in the Court of Common Pleas of Cumberland County at No. 2002-4065, and, in connection therewith, to execute and acknowledge whatever consents or other.docwnents that are necessary to accomplish this forthwi1h or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incolporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the pUlpose of enforcement of any of the provisions hereof. Concurrently with the execution of this Agreement each party both parties shall execute and file an Affidavit of Consent pursuant to Section 3301(c) of the Pennsylvania Divorce Code and a Waiver of Notice if Intention to Request Entry of a Divorce Decree. 2 9. PENSIONS I RETIREMENT/INVESTMENT ACCOUNTS: Wife will receive a distribution by a Qualified Domestic Relations Order in the amount of $27,000.00 from Husbands 40 I (Ie) Plan to be completed as soon as administratively possible after the execution of this Agreement'. Wife shall cause the QDRO to be prepared. Husband shall make himself inunediately available to review and sign same, if required by Wife, ,'as soon as the QDRO is ready. 10. LIFE INSURANCE: Husband will maintain life insurance with Wife as beneficiaI)', in the~ount of$235,000.00, which is subjecttoreduction as equitable distribution and salary obligations are satisfied. .. II. EMPLOYMENT: Wife will continue to receive her current salary from Turner Hydraulics, roc., until the land transfer and mortgage payoff referred to on Article 6 and the cash payment referred to in Article 8 have been completed, at which time Wife's salary would be reduced to $30,000.00 pet .year for a period of five (5) years. Additionally, Wife will continue to receive complete employeh benefits, including health insurance, 401 (k). contribution to Social Security tax payment, and continued reimbursement of all medical expenses and bills not covered by the Company healthihsuranceplan pursuant to the existing Company practice. Wife will be responsible for co-pays and cdiain other expenses which are considered to be the employee's responsibility. Turner HydraulicS, Inc. will pay any bills related to the 10% employee portion, as that is the normal and customary policy of the company. AB appropriate documentation is submitted, Turner Hydraulics, Inc. ",ill provide payment in the usual and customary fasmon. In the event of the sale of assets, stocks, or substantial transfer of the business interests of Turner Hydraulics, Inc. by Husband, all remaining obligations to Wife will be paid in full. Additionally, the salary obligations of Turner Hydraulics, Inc. will be personally guaranteed by Husband. Similarly, Husband will guarantee the continuance ofmajor medical and health insurance coverage for the !i:ve-year period set forth above. 12. TURNER HYDRAULICS. INC. The parties acknowledge and agree that Husband will keep as his sQle and separate property his interests in numerous busiD,esses. Commencing on the execution date of this Agreement, Husband shall be solely and exclusively responsible for all 5 agreements between them respecting the Wltl1U1 S\loJect mauer. Ul~". "''' uv '~1"'~U~--"__' agreements, arran:~ements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. TWs Agreement may not be amended, modified, altered or revoked except in writing ex.ecuted by both the parties hereto. C. This Agreement may not be assigned by eitherparty without the priorwritten consent .' of the other party~, D. This Agreement may be executed in multiple counterparts, each ofwmch shall be deemed an original for all purposes, and all of wmch together shall constitute one and the same instruxnent. E. Thi's Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. TQ.is Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to anymatter covered by this Agreement shall be in Cumberland COWlty, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. 7 - ~4/15/2005 87:38 7172431850 MD';)() PAGE 89/18 H. The failure to $trictly enforce any part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement., 1. All payments or communications pertaining to matters provided forinthis Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. ; J. Titles are for couverrience and ease of reference only and are not to be considered part of the Agreement for pwposes of interpretation. " K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the ixtent possible, sUl,ive any future reconciliation of the parties unless they specifically provide othemise in writing. IN WTrNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above v;titten, intending to be legally bound hereby. WITNESS: ,Iu"",~ O,.tv4........ I . ~S~ ~-~~~- :mnyL. er '. f-'l~ rOl~ Carol L. Turner 8 --- a4/15/2005 87:38 7172431858 MDWO PAGE 10/18 COMMONWEALTII OF PENNSYLVANIA ) :SS COUNTY OF CUMBERLAND ) On this, the J '3dud2J.y of \1")" y ,2005, bef?re me, the undersigned officer, personal~y appeared Danny 1. Turner, known to me (or satisfactonlyproven) to be the person whose name tS subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~>" " LtJI (/\ , (M ) Il, Y:U,o.e... COMMONWEALlH OF I'FNNSYLVANIA L- Notarial Seal Mary M. Price, Notary Public Carlisle Bor.a, Cumberland County My Commission Expires Aug. 18, 2007 (SEAL) Membor, Dennsyivanl3 Association of Notaries COMMONWEALTH OF PENNSYLVANIA) :SS COUNTY OF CUMBERLAND ) On this, the {JH,.dayof fJla. 'f ,2005, before me, the undersigned officer, personally appeared Carol 1. Turner, knO;\'Q to me (or satisfactorily proven) to be tI,e person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN wrrr-mss WHEREOF. I hereunto set my h~d and official sealJ " l )oJU-u Q Ow (SEAL) I' NOTARIAL SEAL VALERIE A. CLOUD, NOTARY PUBLIC CITY OF LANCASTER. LANCASTER COUNTY : MY COMMISSION EXPIRES APRll30 2006 . 9 ,~ v"" t .'~ .~. -' c,) ....' .~ ~-;.? ,-' ()\ -- ---- . . . . . + . . + . + . . . . . + + . . . . . . + . . + . + . . . . . . . + . + . + . . . . + . + + + . . + . + . + . + . . + . + + . . . . + . + . . . . . + . + + + + . + . + + + . + . + :+:+.;+::t; :ti'tii+.i+.:f; :t;'f;'+.i+.i+. '+.+.+.+.+'+.i+.+++++++++'+i+.i+.+'+++'++++++++++++++'++++++++'+++'+ + + + + + + + . + + + + . + + + . + + + + + + + + + + + + . + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ i+.+.i+.+. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. DANNY L. TURNER No. 2002-4065 VERSUS CAROL L. TURNER DECREE IN DIVORCE AND NOW, --may .2 'i ' ,.200r, IT IS ORDERED AND DECREED THAT DANNY L. TURNER , PLAINTIFF, AND CAROL L. TURNER . DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDEF, HAS NOT YET BEEN ENTERED; but not merged in this Decree. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++++++++++++++++~ A Marital Settlement Agreement dated Mav 12, 2005. is hereby inco~orated PROTHONOTARY + +:+;+: +. Of + Of ++:4'+++ + + +++.+++.++++++++++++ + ++ + ++ ++ J, ~7l!' 1~ .~IC, 5<-7 }Cs ~p('l ~ ~/tT;Tvmit~,) rP 51/ /1C,5 , . . . . ~ .. . . ~ ,. ...I . Christopher C. Straub, Esquire Pyfer & Reese 128 North Lime Street P.O. Box 1597 Lancaster P A 17608-1597 (717) 299-7342 Attorney I.D. No. 29163 DANNY L. TURNER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2002-4065 - CIVIL ACTION - LAW CAROL L. TURNER, Defendant. : IN DIVORCE STTPlIT ATTON OF THF PARTTFS WHEREAS, the parties hereto were formerly husband and wife and have now been divorced pursuant to the final Decree entered on May 24, 2005; and WHEREAS, the parties entered into a Postnuptial Agreement dated May 12, 2005, which required the division of certain Retirement Benefits accrued by Danny L. Turner, pursuant to his employment with Turner Hydraulics, Inc.; and WHEREAS, the attached Domestic Relations Order has been prepared and reviewed by the parties and their counsel; and No. 2002-4065 WHEREAS, the parties and their counsel found the attached Domestic Relations Order to be consistent with the terms of the Postnuptial Agreement; NOW, THEREFORE, the parties agree and stipulate that the attached Domestic Relations Order shall be entered as an Order of this Court and enforced according to the rules and provisions of the Divorce Code Act of 1980, as amended. Witnesses: '1~M t w;tL~ Attorney for artlclpant anny' C1Aj~~ C~6+~ Attorney for Alternate Payee Carol L. Turner, Alternate Payee 6 ,._d., ('; ,;;.n .~) \ r-'.) ..- ,,~) - RECFI\!l::''1 JUN 062005 Y No. 2002-4065 Christopher C. Straub, Esquire Pyfer & Reese 128 North Lime Street P.O. Box 1597 Lancaster P A 17608-1597 (717) 299-7342 Attorney J.D. No. 29163 051105/CCS/drl/Support/#22726 DANNY L. TURNER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2002-4065 - CIVIL ACTION - LAW CAROL L. TURNER, Defendant. IN DIVORCE nOMESTTr RRT.A TTONS ORDER AND NOW, this 10 ~ day of <1~ ,2005, based upon the attached Stipulation ofthe parties, it is Ordered and Decreed as follows: 1. The parties hereto were formerly husband and wife, and have now been divorced pursuant to a final Decree entered on May 24, 2005, pursuant to the above-captioned divorce action. 2. Danny L. Turner, date of birth September 4, 1960, Social Security Number 177-42- 1043, (hereinafter referred to as "Participant"), is employed by Turner Hydraulics, Inc. and is a Participant in the Retirement Plan established by his employer known as the Turner Hydraulics, Inc. Employee 401 (k) Plan (hereinafter referred to as "401 (k) Plan"). 1 ~i ~,~ t ~) r:, ~> ~. t ~\':f 0- ~ ~'~ ~ . r \{It,.j~}:fy'v\s~>!r<:j :1 ),.!~Irlr,"', :...~";'''\8 1,\1, . I . ; ~"lru,)'! ' _... 'to .__. ~,' _,' ".co i..; ~ ! I :11 Wd 0 I rJilr gOal I V'-I[ (')1. i, '\U i u"'" ~d :JI-lll '0 I\.JV_ P~\....h j.,.,,- ~ ..J ;s 38jj~crG31l.j