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HomeMy WebLinkAbout03-2409SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - a4?Q IN DIVORCE et -U L-C'C-? NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the office of the Prothonotary, Cumberland County Court House, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 or (800) 990-9108 Sandra L. Meilto Attorney for Plaintiff TUCKER ARENSBERG & MORGAN P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 63 -a?rlOQ etc--) IN DIVORCE 1. Plaintiff is Sally L. Harvey, an adult individual who is sui juris and resides at 914 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Jeffrey B. Harvey, an adult individual who is sui juris and resides at 920 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania. The present whereabouts of the Defendant, Jeffrey B. Harvey, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 18, 1986, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 9. in March of 1998, the parties adopted one child, Shania, born June 12, 1987. 10. Since 1997, Shania has resided with the following persons and at the following addresses: Plaintiff and 700 E. Marble Street 1997-2001 Defendant Mechanicsburg, PA 17055 Plaintiff and 920 Allendale Road 2001 to Defendant Mechanicsburg, PA 17055 10/2002 Defendant 920 Allendale Road 10/2002 to Mechanicsburg, PA 17055 present 11. Plaintiff requests this Court to grant sole legal, financial and physical custody of Shania in Defendant. 12. Plaintiff has not participated as a party, witness, or in any other capacity in any other litigation concerning the custody of said Shania in this or any other court other than the adoption action noted above and in a Cumberland County Children and Youth action in November of 2001. 13. Plaintiff does not have any information of any custody proceeding concerning said child pending in a court of this or any other state. 14. Plaintiff knows of no person not a party to this proceeding who has physical custody of said child or claims to have custody or visitation rights with respect to said child. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Awarding sole legal, financial and physical custody of the child, Shania, to the Defendant; and C. For such further relief as the Court may determine equitable and just. Sandra L. Me ton TUCKER ARENSBERG & MORGAN P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff 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. Sally L. H vey, Plain 'ff 58146.1 (J W ? ?C/-, O ? Q C c G FI SALLY L. HARVEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 03-2409 CIVIL ACTION LAW JEFFREY B. HARVEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 25, 2003 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, ?L By: /s/ awn Sunday, Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-31.66 ,P? -fir/ iv/ NIINdI1?ASNN3d g I *£ wd Cz AVW COO SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2409 CIVIL ACTION LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for Defendant, Jeffrey B. Harvey, in the above- captioned action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: 7NICSJJ CERTIFICATE OF SERVICE AND NOW, this 4• day of June, 2003, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Sandra L. Meilton, Esquire Tucker, Arensberg & Swartz 111 North Front Street PO Box 889 Harrisburg, PA 17108 Attorney for the Plaintiff Sally L. Harvey Andrew C. Spears, ._ SR,PSJJ CD O G -a 0: 70 rni Z ?C? SALLY L. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. JEFFREY B. HARVEY, Defendant CIVIL ACTION - LAW NO. 03-2409 Civil Term IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) AND NOW, this day of June, 2003, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on May 27, 2003, she mailed a certified copy of a Complaint in Divorce with attached Court Order setting a Custody Conciliation conference to Jeffrey B. Harvey, by certified mail no. 7099 3400 0016 3623 6214, restricted delivery, return receipt requested, addressed to Jeffrey B. Harvey, 920 Allendale Road, Mechanicsburg, PA 17055, and the same was received by him on May 29, 2003, as indicated by the return receipt card which is attached hereto. Sworn to and subscribed before me this l Cr 4-?'day une, 200 . Notary Public Gloria M. Rine (SEAL) Pa**P Notaft Sod N0kWPUAD Cib Of HanlsWry, DaW* r'xoV *Cmmheipn E)0rw w .-v, 2007 ftvww - AeaaP2 S ru -M m nJ Postage $ rr7 Certified Fee $Z •.V ,? Return Receipt Fee fl•? (Endorsement Requiretl) C3 Restricted Delivery Fee (Endorsement Requiretl) ?•? C3 Total Postage & Fees $ ux S M Neetp-(P1 B -----_----- Jeffrey -------- W- ------------- ---- Street, Apt No.; or PO Box No. o 920 Allen r -- _-- __-- -_ city, State, ZIP+4 Mechanics ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MR. JEFFREY B. HARVEY 920 ALLENDALE ROAD MECHANICSBURG PA 17055 . 10i/ Postmark -? 2007' 1 A. Received by (p/e,,se print "earty) 8. Date of Delivery C. Signature D. I da?V Adi `"' WT nom Wit 19 0 yes enter delivery address below: 0 No MAY 29 2W3 3. Service ?',.'. -? I Certified Mail 0 Express Mail ? Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. jrfi 4. ResMctetl Delivery ? (Faire Fee) ervi es P3811, duly 1 36 2 3 62 1 _ Do Pt --- - 102595-99-M-1789 j ?a JUN 2 7 2003 r SALLY L. HARVEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-2409 CIVIL ACTION LAW JEFFREY B. HARVEY Defendant IN CUSTODY ORDER AND NOW, this 24TH day of June. 2003 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for June 25, 2003, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ri. O = L-1 .L?y ? U SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS " CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2409 Civil Term IN DIVORCE STIPULATION AND NOW, this t! day of J L ( 2003, Sally L. Harvey, Plaintiff (hereinafter referred to as "Mother"), toget er with her attorney, Sandra L. Meilton, and Jeffrey B. Harvey, Defendant (hereinafter referred to as "Father"), together with his attorney, Andrew C. Spears, hereby inform your Honorable Court that they have amicably resolved to their mutual satisfaction the issues of custody and visitation regarding their child, Shania Harvey, born June 12, 1987, and do hereby stipulate that the following is the substance of their agreement respectfully requesting that your Honorable! Court issue an appropriate Order of custody and visitation in accordance with their agreement and stipulation: 1 2. agreed upon by Mother, Father and Shania. 'Sandra L. Meilton Andrew . ars Father shall have sole legal and physical custody of Shania. Mother shall have periods of partial custody of Shania at times mutually Sally L. Ha y J?-?? Jelfy'B. Harvey ?? ?? ?r? ?, c? u.? -?, <F ? ; ?? r , ? - . ?. F J .,.ll ?' ?: ) t ? ?? ?? _ -_? C :: l p -? fV -? --SALLY L. HARVEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 03-2409 Civil Term JEFFREY B. HARVEY, Defendant IN DIVORCE, ELECTION TO RESUME PRIOR NAME I, Sally L. Harvey, do hereby elect to resume my prior name, to wit: Sally L. Fike. As noted above, I am a party in the divorce action entered to the above number and term, and give this written notice avowing my intention in accordance with the provisions of 54 Pa.C.S.A. Section 704, as amended by Act 2000-92, effective January 21, 2001. Sworn to and subscribed before me this k 1 KN day of LAL-j 1 2003. N jLtAt Notary Public (SEAL) Sally L. Harvey, to be known as ? -&a_?7zy_c_) Sally L. Fike NGWW Seal .60737.1 Mary K stre m%NdwyPd* CRy pYak. VakCW* My Cwmfaebn Epp W^* 26, 2006 Member. Per?nsyNaNe ASSOCOW of NoWem T? ? "?$' N ??, o ? ? o w ? ? ? d c? ;-? - c <_, ,. m;; / i ??, ?=: ,. ,? `? h1 1:11 FS\D.\'I A17JU(hnerul?Curieni11 137139.prnl 0",,d 920,04 ODOPM ItmiuJ. 31500 7:41, AM ,Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2409 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PRAECIPE Please withdraw the appearance of Metzger Wickersham Knauss & Erb on behalf of Defendant in the above matter. METZGER WICK/E??RSHAM KNAUSS & ERB By: Andrew C. Spears Esquire I.D. No. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By ?Jennifer L I.D. No. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: A Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was sewed this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sandra L. Meilton, Esquire TUCKER, ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 MARTSON DEARDORFF WILLIAMS & OTTO r ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?G%?? 40J SALLY L. FIKE (FORMERLY SALLY HARVEY), Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2409 Civil Term IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Office of the Prothonotary, Cumberland County Court House, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Street, Carlisle, PA 17013 Telephone No. (717) 249-3166 or (800) 990-9108 "Sandra L. Meilton Attorney for Plaintiff TUCKER ARENSBERG, P.C. P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 SALLY L. FIKE (FORMERLY SALLY HARVEY), Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2409 Civil Term IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Sally L. Fike, and files the within Amended Complaint alleging as follows: COUNT I: DIVORCE 1. Plaintiff is Sally L. Fike, formerly Sally Harvey, an adult individual who is sui juris and who resides in Cumberland County, Pennsylvania, with a mailing address of P.O. Box 912, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Jeffrey B. Harvey, an adult individual who is sui juris and resides at 920 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania. The present whereabouts of the Defendant, Jeffrey B. Harvey, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 18, 1986, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: (a) that the marriage is irretrievably broken; or, in the alternative, (b) that the parties hereto have lived separate and apart for a period of at least two years since October, 2002, and that the marriage is irretrievably broken. COUNT II: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of the following real estate which is subject to equitable distribution by this court: 920 Allendale Road, Mechanicsburg, PA 17055 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT III: CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 12. The Plaintiff has inadequate means of support for herself except as provided for by Defendant. 13. Plaintiff is employed as an instructional assistant at Mechanicsburg Area School District in Mechanicsburg, Pennsylvania, and earning $10.05 an hour. Defendant is employed as a laborer at Sygma Network of Pennsylvania, on Industrial Road, in Harrisburg, Pennsylvania, and earning at least $14.65 an hour. COUNT IV: CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 15. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests the Court to grant the relief requested including: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Directing the Defendant to pay Alimony to the Plaintiff; D. Directing the Defendant to pay Alimony Pendente Lite and Plaintiffs counsel fees and the costs of this proceeding; and E. For such further relief as the Court may determine equitable and just. Sandra L. Meilton TUCKER ARENSBERG, P.C. P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff I verify that the statements made in this Amended 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 unworn falsification to authorities. Sally L. Fik , Plaintiff CERTIFICATE OF SERVICE AND NOW, this ! ?4day of March, 2005, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Tucker Arensberg, P.C., hereby certify that I have, this day, served the within document, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Andrew C. Spears, Esquire P.O. Box 5300 Harrisburg, PA 17110-0300 i Gloria M. Rine 58146.2 ?-, R UC ?? ? ? S' ? RJ ? ? (? P cn -4 - n (_` ` ?; ' F:\FILES\DATAFILE\General\Cwent\11371.39.twtiondtn Created: 9/20/04 0:06PM Revised: 6/22/06 0:50PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SALLY L. FIKE, f/k/a SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2409 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY MOTION FOR APPOINTMENT OF MASTER Jeffrey B. Harvey, Defendant, moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property () Annulment (x) Support O Alimony (x) Counsel Fees (x) Alimony Pendente Lite (x) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Sandra Meilton, Esquire. 3. The statutory ground for divorce is: 3301(d) of the Divorce Code. 4. The action is not contested. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 6 hours. 7. Additional information, if any, relev t to the motion: None. Date: Jenm- L. Spears, Esquire ORDER APPOINTING MASTER AND NOW, , 200_, is appointed Master with respect to the following claims: Esquire, BY THE COURT, , J. . 1 C s °` _ i... 4Y l -0 . cn cr, F.xf=I AiAP MGrnaaPCLr Al 1371.39.inv my Crc d: 9/20/04 0:NPM ReviaM: 7/W0 2:WPM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SALLY L. FIKE, fWa SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2409 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY INVENTORY OF DEFENDANT PURSUANT TO Pa. R.C.P. 1920.33 (a) Defendant, JeffreyHarvey, files the following Inventory of all property owned orpossessedby 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. Section 4904 relating to unswom falsification to authorities. e . Harvey, De it ASSETS OF THE PARTIES Defendant 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 ( ) 5. Checking Accounts, Cash ( ) 6. Savings Accounts, Money Market and Savings Certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts O 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances (received or anticipated) ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home () 15. Businesses (fist all owners, includingpercentage 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 ( 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 O 25. Household furnishings and personalty (include as atotal category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either orboth spouseshave alegal orequitable interest individually or with any other person as of the date this action was commenced. Item Description of Property Name of All Owners Value as of Present Value Date Action Commenced 1 Marital Residence Husband & $128,500 920 Allendale Rd., Wife (maybe less) Mechanicsburg 2 1997 Jeep Wrangler Husband & unknown unknown Wife 2 1995 GMC Safari Husband & unknown unknown Wife 18 Pension Husband unknown unknown 18 Pension Wife unknown unknown 19 401(k) Husband unknown unknown 19 401(k) Wife unknown unknown LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED (X) 1. Mortgages () 2. Judgments () 3. Liens (X) 4. Other secured liabilities UNSECURED (X) 5. Credit card balances O 6. Purchases () 7. Loan payments () 8. Notes payable () 9. Other unsecured liabilities CONTINGENT OR DEFERRED () 10. Contracts or agreements () 11. Promissory notes () 12. Lawsuits () 13. Options () 14. Taxes () 15. Other contingent or deferred liabilities n c-. ? ? - ? -?, -c -; ' ?, . r• ? 'n i1 , , L r ? <,> i ? IV N -r? fn -71f7? c'J c J . ` =`' <= ? ' l c"7 '" C_ ;L W ;y rn ?? ,'? LT1 (, , "< 03- ai409 J ^ , 1' OTHER D.R.O. NO.--DOCKET NO. OTHER REF NO. INCOME AND EXPENSE STATEMENT OF ADDRESS C7&0 ly-yk'00? /?/) PHONE ?'tGtj'A"' `?t4' Al t 71)T ATTORNEY 7-rA A- St'V-l SECTION I : INCOME AND INSURANCE INFORMATION INSTRUCTIONS: THIS SECTION MOST BE FULLY COMPLETED. IF YOU ARE NOT PRESENTLY EMPLOYED, THE EMPLOYER INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM YOUR LAST JOB. INCOME CURRENT OR LAST EMPLOYER: PAYROLL ADDRESS: POSITION HELD: RATE OF PAY/FREQUENCY HOW PAID: (CIRCLE ONE) WEEKLY IWEEKLY MONTHLY / SEMI-MONTHLY / OTHER IF LAST JOB: DATE LEFT JOB REASON FOR LEAVING $ 1641 ? !(. $ tSZ.e7 $ lo],715'-739? S $ $ $ $ 41.71e 3Y $ 3 (REQUIRED MINIMUM OTHER INCOME: WEEK MONTH YEAR PROPERTY OWNED: OWNERSHIP (FILL IN APPROPRIATE COLUMN) DESCRIPTION VALUE a w J INTEREST CHECKING ACCTS $ DIVIDENDS - SAVINGS ACCTS. - $ i - - PENSION CREDIT UNION $ 2-Wu-- ANNUITY STOCK/BONDS $ Ace d - - SOCIAL SECURITY REAL ESTATE $ I oW - RENTS BUSINESS $ - - - UNEMPLOYMENT COMP. + $ - ` WORKMENS COMP. $ - - IRA - - - TIP TOTAL - $ a 1 12b5 ALIMONY (REC=D.) TOTAL _ INSURANCE (COVERING DEPENDENTS IN THIS CASE): COMPANY AND CLAIMS ADDRESS HOSPITAL Ir/IH BLUE CROSS ti OTHER MEDICAL -7 ! BLUE SHIELD "H=HUSBAND, W=WIFE, J=JOINT. C=CHILD COVERAGE GROUP # POLICY# H W C 0037W7de6oo z/ - - W1k&3ylbcou I VERIFY THAT THE STATEMENT MADE IN THIS INCOME AND EXPENSE STATEMENT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO PENALTIES OF I3 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SIGNATURE DATE , 71" teat; nvcn, NET PAY PER PAY PERIOD T Y SECTION II: SUPPI.EMENT INCOME STATEMENT INSTRUCTIONS: IF YOU ARE SELF-E%IPLOYED OR IF YOU ARE SALARIED BY A BLSINESS OF WHICH YOU ARE OWNER IN WHOLE OR IN PART. YOU MUST ALSO FILL OUT THIS SECTION- I. THIS FORM IS TO BE FILLED OUT BY A PERSON (CHECK ONE) (I) 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, 3. NAME OF BUSINESS ADDRESS TELEPHONE NUMBER (S) 4. NATURE OF BUSINESS (CHECK ONE) (1) PARTNERSHIP (2) IOINT VENTURE (3) PROFESSION (4) CLOSED CORPORATION (5) OTHER S. NAME OF ACCOUNTANT, CONTROLLER OR OTHER PERSON IN CHARGE OF FINANCIAL RECORDS: 6. ANNUAL INCOME FROM BUSINESS: (1) HOW OFTEN IS INCOME RECEIVED? (2) GROSS INCOME PER PAY PERIOD: (3) NET INCOME PER PERIOD? (4) SPECIFIED DEDUCTIONS, IF ANY: SECTION III: EXPENSES INSTRUCTIONS: 1. ONLY SHOW EXTRAORDINARY EXPENSES IN THIS SECTION, UNLESS 2. APPLIES TO YOU. 2. IF YOU ARE REQUESTING SPOUSAL SUPPORTIAPL OR IF YOU ASSERTYOUR CASE CANNOT BE DETERMINED ACCORDING TO THE GUIDELINE GRIDS OR FORMULA, THIS SECTION MUST BE FULLY COMPLETED. NUMBER OF PERSONS IN HOUSEHOLD MONTHLY EXPENSES SELF CHILDREN H MORTGAGE/RENT q/) 6S MAINTENANCE UTILITIES - ELECTRIC 1m? GAS 10 0 OIL TELEPHONE WATER SEWER TL• EMPLOYMENT PUBLIC TRANSPORTATION LUNCH TAXES '? em REAL ESTATES PERSONAL PROPERTY INCOME INSURANCE HOMEOWNERS AUTOMOBILE LIFE ACCIDENT HEALTH OTHER AUTOMOBILE PAYMENTS FUEL REPAIRS/ MAINTENANCE AND AGES OF SAME MONTHLY EXPENSES SELF CHILDREN EDUCATION PRIVATE SCHOOL CHARGE ACCOUNT MEMBERSHIPS LOANS CREDIT UNION MISCELLANEOUS HOUSEHOLD HELP CHILD CARE PAPERS/BOOKS/MAGS ENTERTAINMENT PAY TV VACATION GIFTS LEGAL FEES CHARITABLE CONTRIB. OTHER CHILD SUPPORT ALIMONY PAYMENTS OTHER MEDICINE THERAPY SPECIAL NEEDS (GLASSES, BRACES, ORTHOPEDIC DEVICES, ETC.) TOTAL EXPENSES c ? o Fri U ?,. 'ao .. N y L G.J m f ? - -1 t.tl QZ K ' F.\P/LESVMTA LB\Ce ACu t\11371.39mbo,Wm Crmsed. 9120104 0 06PM Revised. 9/22/06 0.50PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RECEIVED AUG 2 3 2006 BY: SALLY L. FIKE, f/k/a SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2409 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY MOTION FOR APPOINTMENT OF MASTER JeffreyB. Harvey, Defendant, moves the courtto appoint a master with respect to the following claims (x) Divorce (x) Distribution of Property O Annulment (x) Support () Alimony (x) Counsel Fees (x) Alimony Pendente Lite (x) Costs and Expenses and in support of the motion states: 1. Discoveryis complete as to the claims forwhich the appointment ofa Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Sandra Meilton, Esquire. 3. The statutory ground for divorce is: 3301(d) of the Divorce Code. 4. The action is not contested. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 6 hours. 7. Additional information, if any, relev t to the motion: None. Dater Zd [ Ono Jenni L. Spears, Esquire ORDER APPOINTING MASTER AND NOW, U is appointed Master with ko O? .4 n ,2000 to the following claims: BY T COUR 'J. u+ a° J LU tT. w iE C) L Ci- r co _Lu +cC " : E1 N "tl t3= C-- file"' tti t.}l G'> _,j t-n ?: C h3 cr, eA - F:\FILES\Genera1\Cutrent\11371\39\11371.39.consent Created: 9/20/04 0:06PM Revised: 6/8/07 9:21AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SALLY L. FIKE, Vk/a IN THE COURT OF COMMON PLEAS OF SALLY L. HARVEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 03-2409 CIVIL ACTION - LAW JEFFREY B. HARVEY, Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 18, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: zxll? ??? Jeffre B. Harvey, Defendant C-A Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SALLY L. FIKE, f/k/a SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2409 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. 6- 9,o? AV ?0? Date: Je e . Harve, Defendant Cam" ? CO co F:\FILES\Getwal\CurremV 1371\39\11371.39.msa Created: 9/20/04 0:06PM Revised: 5/24/07 2:43PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SALLY L. FIKE, f/k/a SALLY L. HARVEY, Plaintiff V. JEFFREY B. HARVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2409 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 0"-' day of ? )W,. , 2007, by and between SALLY L. FIKE, f/k/a SALLY L. HARVEY, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife") and JEFFREY B. HARVEY, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"): WITNESSETH: WHEREAS, the parties were married on January 18, 1986, in Pennsylvania; WHEREAS, the parties have one child, Shania, born on June 12, 1987; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal properly; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on March 18, 2005, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Husband, and Sandra L. Meilton, Esquire, counsel for Wife. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other parry may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Husband has agreed to leave certain items of personal property in the marital residence when he moves, and Wife has agreed that she will keep any items he chooses to leave in the residence over and above the agreed upon items. Husband will have all items he is keeping out of the marital residence by June 18, 2007 at the latest, and will make every attempt to be moved out by June 17, 2007. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: Husband will execute a deed conveying all of his interest in, right and title to the parties' marital residence at 920 Allendale Road, Mechanicsburg, Pennsylvania, to Wife upon the execution of this Agreement, which will be held in escrow by counsel for Husband or Wife until Wife's refinance, currently scheduled for June 18, 2007. From the date of the refinance, Wife will be the sole owner of the property. Wife shall be solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Wife may retain the equity of approximately $50,000.00 as her share of equitable distribution, and in return for terminating the Alimony Pendente Lite Order as of May 31, 2007 and waiving any arrears on said Order. 13. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. Wife's name has been removed from Husband's bank account with Belco. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2007. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY/TERMINATION OF SPOUSAL SUPPORT OR APL: Spousal support/APL to Wife shall terminate on May 31, 2007, and Wife waives the rights to any arrears on said Order. Wife has agreed to forgive the arrears in exchange for the overall settlement agreement herein. Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Wife will retain her retirement accounts, if any, in and to which Husband will waive any and all rights. Husband will retain his retirement accounts, if any, in and to which Wife will waive any and all right. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. Husband shall be responsible for his vehicle loan and the Belco VISA credit card, the last four digits of which are 3194. 21. HEALTH INSURANCE: Each parry is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either parry breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ,("M WI N TNESS (SEAL) Je rey B. Harvey d . (SEAL) Sally L. Fike, f/k/a Sally Harvey COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF Z4:?? On this, 11'J?I-ay of 2007, before me a Notary Public, personally appeared Jeffrey B. Harvey, kno to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Z/1 4: Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County COMMONWEALTH OF PENNSYLVANIA M nnmmission expires December 20, 2010 SS ^ COUNTY OF NUO) On this, the VU of mau, , 2007, before me, a Notary Public, personally appeared Sally L. Fike, f/k/a Sally I. Harvey, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. ,E-n). - Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JANET M. FISHER, NOTARY PUBLIC LOWER PAXTON TOWNSHIP, DAUPHIN COUNTY MY COMMISSION EXPIRES OCTOBER 19, 2008 rrrt 3`` C'? 't C`?5 xn L 1 { SALLY L. FIKE (HARVEY), THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 2409 CIVIL JEFFREY B. HARVEY, Defendant IN DIVORCE ORDER OF COURT W AND NOW, this i8 day of , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated June 8, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q W?CAI Edgar B. Bayley, P.J. cc: /andra L. Meilton Attorney for Plaintiff Xennifer L. Spears Attorney for Defendant A j LtJ i-- - Lt- r _.., N t_y F:\FILES\General\Current%I1371U9\11371.39 msa Created: 9/20104 0:06PM Revised. 5124/07 2:43PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ?J ai) SALLY L. FIKE, f/k/a IN THE COURT OF COMMON PLEAS OFSALLY L. HARVEY, CUMBERLAND COUNTY, PENNSYLVA14IA Plaintiff V. NO. 03-2409 CIVIL ACTION - LAW JEFFREY B. HARVEY, Defendant IN DIVORCE AND CUSTODY MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 0441 day of Ud , 2007, by and between SALLY L. FIKE, Vk/a SALLY L. HARVEY, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife") and JEFFREY B. HARVEY, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"): WITNESSETH: WHEREAS, the parties were married on January 18, 1986, in Pennsylvania; WHEREAS, the parties have one child, Shania, born on June 12, 1987; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations - as between each other, including, without limitation by specification: the settling of all matters C between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. T_ riI T -r• i'T' NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on March 18, 2005, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Husband, and Sandra L. Meilton, Esquire, counsel for Wife. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Husband has agreed to leave certain items of personal property in the marital residence when he moves, and Wife has agreed that she will keep any items he chooses to leave in the residence over and above the agreed upon items. Husband will have all items he is keeping out of the marital residence by June 18, 2007 at the latest, and will make every attempt to be moved out by June 17, 2007. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: Husband will execute a deed conveying all of his interest in, right and title to the parties' marital residence at 920 Allendale Road, Mechanicsburg, Pennsylvania, to Wife upon the execution of this Agreement, which will be held in escrow by counsel for Husband or Wife until Wife's refinance, currently scheduled for June 18, 2007. From the date of the refinance, Wife will be the sole owner of the property. Wife shall be solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Wife may retain the equity of approximately $50,000.00 as her share of equitable distribution, and in return for terminating the Alimony Pendente Lite Order as of May 31, 2007 and waiving any arrears on said Order. 13. BANK ACCOUNTS CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. Wife's name has been removed from Husband's bank account with Belco. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. 15. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items ofproperty, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2007. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY/TER UNATION OF SPOUSAL SUPPORT OR APL: Spousal support/APL to Wife shall terminate on May 31, 2007, and Wife waives the rights to any arrears on said Order. Wife has agreed to forgive the arrears in exchange for the overall settlement agreement herein. Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS/ RETIREMENT/ INVESTMENT ACCOUNTS: Wife will retain her retirement accounts, if any, in and to which Husband will waive any and all rights. Husband will retain his retirement accounts, if any, in and to which Wife will waive any and all right. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. Husband shall be responsible for his vehicle loan and the Belco VISA credit card, the last four digits of which are 3194. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. 4v? 4 T w TNESS (SEAL) Je ey arvey (SEAL) Sally L. Fike, f/k/a Sally Harvey COMMONWEALTH OF PENNSYLVANIA : COUNTY OF L/,. / -el SS On this, g '-?ay of , 2007, before me a Notary Public, personally appeared Jeffrey B. Harvey, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ,;1AMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County COMMONWEALTH OF PENNSYLVANIA : My `--="'""sS10n expires December 20, 2010 SS COUNTY OF ?11 On this, thea,',t-day of , 2007, before me, a Notary Public, personally appeared Sally L. Fike, f/k/a Sally L. Harvey, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JANET M. FISHER, NOTARY PUBLIC LOWER PAXTON TOWNSHIP, DAUPHIN COUNTY MY COMMISSION EXPIRES OCTOBER 19, 2008 Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Seenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SALLY L. FIKE, f/n/a SALLY L. HARVEY Plaintiff V. JEFFREY B. HARVEY, Defendant No. 03-2409 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was initially filed on May 21, 2003 and an amended complaint was filed on March 18, 2005. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 2,151CO) '50. J. vzKS1 Sally L. Fike, Plaintiff r--:) C?n Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton ,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SALLY L. FIKE, f/n/a SALLY L. HARVEY Plaintiff V. JEFFREY B. HARVEY, Defendant No. 03-2409 CIVIL ACTION - LAW 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 of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 61 Z5 07 ds r-.r.JKS? Sally L. Fik , Plaintiff t"7 ? Q CZ) - f Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonna dzmmglaw.com SALLY L. FIKE, f/n/a SALLY L. HARVEY Plaintiff V. JEFFREY B. HARVEY, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2409 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: A true and correct copy of the Divorce Complaint was served on Defendant, Jeffrey B. Harvey, via Certified Mail, Restricted Delivery on May 29, 2003. An Affidavit of Service was filed on June 17, 2003. A true and correct copy of the Amended Divorce Complaint was served on Defendant's Counsel, via United States Mail, First Class, Postage Pre-paid on March 17, 2005. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Affidavits of Consent on May 25, 2007 by Plaintiff and June 8, 2007 by f Defendant. The Defendant's Affidavit was filed on June 8, 2007 and the Plaintiff's Affidavit is being filed contemporaneously herewith. 4. Related claims pending: None. A Property Separation and Settlement Agreement was executed on June 8, 2007 and filed on June 8, 2007. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on May 25, 2007 by Plaintiff and June 8, 2007 by Defendant. The Defendant's Waiver was filed on June 8, 2007 and Plaintiff's Waiver is being filed contemporaneously herewith. DALEY ZUCKER MEILTON MINE & GINGRICH, LLC Date: By: andra L. Meilton Supreme Court I.D. #32551 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Plaintiff CD IN THE COURT OF COMMON PLEAS SALLY L. FIKE, f/k/a SALLY L. HARVEY, No. 03-2409 CIVIL TERM VERSUS JEFFREY B. HARVEY, DECREE IN DIVORCE AND NOW, 2-1 ? ' IT IS ORDERED AND DECREED THAT Sally L. Fike, f/k/a Sally L. Harvey , PLAINTIFF, AND Jeffrey B. Harvey ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR I H CTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marital Settlement Agreement made and entered into by the parties on June 8, 2007, are incorporated into this Decree by reference thereto, but not merged into this Decree. BY T ATTEST: J. PROTHONOTARY OF CUMBERLAND COUNTY STATE OF PENNA. ? ?'?"? ?1? ?a d ? ?L ?,