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HomeMy WebLinkAbout01-05237IN THE COURT OF COM14ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVINTA JEVONNE M. SHEAFFER Plaintiff VS. KENNETH M. SHEAFFER, Defendant VO 2001-5237 19 MOTION FOR APPOIN=T OF MASTER KENNETH M. SHEAFFER ( ) (Defend a master with respect to the following claims: ( X) Divorce ( % ) ( ) Annulment ( ) ( ) Alimony ( R ) ( ) Alimony Pendente Lite (X) and in support of the motion states: ant), moves the court to appoint Distribution of Property Support Counsel Fees Costs and Expenses (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) appeared in the action (by his attorney, MARCUS A. McKNIGHT, III ,Esquire). (3) The statutory ground(s) for divorce (is) (axe;) 3301(c) (4) Delete the inapplicable paragraph(s): (a) The action is act contested. (b) An agreement has been reached with respect to the following claims: DIVORCE (c) The action is contested with respect to the following claims: ALL OTHER LISTED CLAIMS (5) The action (involves) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1_(3?) (days). (7) Additional information, if any. rep oat toA the motion: Date: JULY , 2004 (Defendant) ORDER APPOINTING :44STER MARCUS A.IGHT, III A.`tD NOW , Bdy' c? Esquire, is appointed ma&ar th respect to the following claims: By the Cour ?p J Y b V? L? .6 6k'V S- TAI 1 i09Z 331i4l )`ffu a a < ` 4- JEVONNE M. SHEAFFER, Plaintiff vs. KENNETH M. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-%37 CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defendant 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 will proceed without and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JEVONNE M. SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.OI-?5? 3 / CIVIL TERM KENNETH M. SHEAFFER, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jevonne M. Sheaffer, an adult individual currently residing at 26 Pine Street, Carlisle, Cumberland County, Pennsylvania. Plaintiff has resided at this address for approximately six months. 2. Defendant is Kenneth M. Sheaffer, an adult individual currently residing at 1634 Pine Road, Carlisle, Cumberland County, Pennsylvania. Defendant has resided at this address for approximately twenty years. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 20, 1980, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Unites States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, ninety days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(c) of the Domestic Relations Code. Respectfully submitted, GRIFFIE & ASSOCIATES a5 QP Maryl , Esquire Attorney laintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document 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 unswom falsification to authorities. DATE: 9 - 31- D/ -SJ`&,-J-; ? xtl S?rea' JEVONNE M. SBEAFFER t C v 1 v ? _ 3 ' s JEVONNE M. SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW KENNETH M. SHEAFFER, NO. 01-5237 CIVIL TERM Defendant, IN DIVORCE ACCEPTANCE OF SERVICE I, Marcus A. McKnight, III, Esquire, acknowledge that on or about a 2001, I received a certified and true copy of a Complaint in Divorce in the above captioned action and further acknowledge that I am authorized to do so on behalf of my client, Kenneth M. Sheaffer. DATE &4 / do! Marcus A. Attorney f Sworn and subscn'hpd to before me this LZ day of September, 2001. ?C to Publi Notarial Seal Martha L. Noel, Notary Public Cariisle Boro, Cumberland Coun My Commission Expires Sept. 18, 2 Member, Pennsylvania Association 01 Notaries 4_?r c; - c -- ?; -ctfc: u? r?°a - m n- z?. -? -- ?? ?, .` cr, ?;. G C'' ? ?C i ?- Y?? 4 :; .. Z .? F T t,ia PYS510D Cumberland County Prothonotary's Office l Case Entries 2001-05237 SHEAFFER JEVONNE M (vs) SHEAFFER KENNETH M Filed Date: 9/05/2001 Time: 1:59 Case Type: COMPLAINT - DIVORCE Search Date: Page 2 of 2 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 9/05/01 COMPLAINT - DIVORCE ------------------------------------------------------------------- 9/20/01 ACCEPTANCE OF SERVICE FOR COMPLAINT IN DIVORCE - BY MARCUS A MCKNIGHT III ESQ FOR DEFT ------------------------------------------------------------------- 7/08/04 MOTION FOR APPOINTMENT OF MASTER BY MARCUS A MCKNIGHT III ESQ ------------------------------------------------------------------- 7/08/04 PETITION FOR ECONOMIC RELIEF BY MARCUS A MCKNIGHT III ESQ ADDITIONAL COUNT - EQUITABLE DISTRIBUTION ADDITIONAL COUNT - COSTS EXPENSES AND COUNSEL FEES ------------------------------------------------------------------- 7/09/04 ORDER APPOINTING MASTER 7/09/04 E ROBERT ELICKER ESQ IS APPOINT MASTER WITH RESPECT TO THE FOLLOWING CLAIMS : ALL LISTED GEORGE E HOFFER P JUDGE NOTICE MAILED 7/09/04 + F2=Done F10=Print F12=Cancel F17=Top F18=Bot 11101 (?4? MhAyef ? ?, l JEVONNE M. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-5237 CIVIL TERM KENNETH M. SHEAFFER, CIVIL ACTION - LAW DEFENDANT/PETITIONER IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 7th day of July 2004, comes the Petitioner, by his attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Respondent, Jevonne M. Sheaffer, as follows: 1. The Petitioner is Kenneth M. Sheaffer who is the Defendant in a divorce action filed in Cumberland County, Pennsylvania. His address is 1634 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Jevonne M. Sheaffer who is the Plaintiff in this divorce action. Her address is 231 Mill Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; and b. Costs, expenses and counsel fees. WHEREFORE, the Petitioner, Kenneth M. Sheaffer requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT By: Marcus. 'g?(t, III, 60 West Po et t!; Carlisle, PA 1 3 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Defendant/Petitioner, Kenneth M. Sheaffer Date: July , 2004 2 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 8th day of July, 2004, a copy of the Petition for Economic Relief was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 IRWIN Marcus 4 McKnight, W, Esquire Supreme Court I.D. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Defendant/Respondent, Kenneth M. Sheaffer I c e 1 1) c? ? rµ C a 0 S -C!''T7-?'T1 l? O M `}7 JEVONNE M. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-5237 CIVIL TERM KENNETH M. SHEAFFER, CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 5, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date:?, /?/" P7 M. SHEAFFER lintiff C tr> try rrt C MIN rya taa JEVONNE M. SHEAFFER, Plaintiff V. KENNETH M. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-5237 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: 07 ' :a? M. SHEAFFER r iff c°a "TJ ?3 t/Y C- Z 1 JEVONNE M. SHEAFFER, Plaintiff V. KENNETH M. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5237 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 5, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: IWIOWTH M. SHE AFTER endant G V-2 4-5 9 ip, v %M- F` R? -rx t.? JEVONNE M. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-5237 CIVIL TERM KENNETH M. SHEAFFER, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / V 7 TH M. SHEAFFER Defendant ar JEVONNE M. SHEAFFER, Plaintiff VS. KENNETH M. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 5237 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 4ej day of L-, 2007, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated October 17, 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 OURT, W C& 119? Edgar B. Bayley, P.J. cc: Marylou Matas Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant 06 i' m2?trcL cr.: C\i SEPARATION AND PROPERTY SETTLEMENT AGREEMENT A. THIS AGREEMENT, made this l7 day of Qc,,W4?kr , 2007, by and between KENNETH M. SHEAFFER, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND JEVONNE M. SHEAFFER, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", VVITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on April 20, 1980, in Carlisle, Pennsylvania, and 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 their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof, and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Marcus A. McKnight, III, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Marylou Matas, Esquire. 2. Warrantv of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarred. 6. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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 unmarred. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) At the time of separation, Wife retained sole and exclusive possession of the parties' 1992 Chevy Corsica. In the event it is discovered that this vehicle is titled in joint names, the parties shall sign whatever documents necessary to transfer the vehicle to Wife's name individually within fifteen (15) days of execution of this Agreement. Husband shall make no claim to access to or use of this vehicle and waives any interest he has or may have in this vehicle. b.) At the time of separation, Husband retained sole and exclusive possession of the parties' pickup truck, dump truck, Van, Ford Escort, business tractors and lawn mowers. In the event it is discovered that these vehicles are titled in joint names, the parties shall sign whatever documents necessary to transfer the vehicles to Husband's name individually within fifteen (15) days of execution of this Agreement. Wife shall make no claim to access to or use of these vehicles and waives any interest she has or may have in these vehicles. 8. Real Estate: The parties are joint owners of real property located at 1634 Pine Road, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a mortgage, the current balance of which is approximately $75,000. From the date of separation forward, Husband shall maintain sole and exclusive responsibility for the repayment of the aforesaid mortgage payments on a timely basis, making all such mortgage payments as they are due. Husband shall indemnify Wife and hold Wife harmless from any demand for payment or collection activity whatsoever. Husband shall retain ownership of the property. Husband shall maintain sole and exclusive responsibility for the payment of the taxes, insurance and all maintenance at that property from the date of separation forward. Husband shall refinance the current mortgage to his name individually. At the time of execution of this Agreement, Husband has been approved for such a refinance with Orrstown Bank, with settlement scheduled to occur no later than December 4, 2007. From the refinance of the mortgage, Husband shall pay Wife the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS AND 00/100 for her interest in the property. In the event that Husband does not refinance the mortgage to his name individually by December 4, 2007, Wife shall be entitled to list the property for sale. Husband shall cooperate with the sale of the properties and shall sign all documents necessary for Wife to engage a broker/realtor, to list the property, to sell the property, and any and all other aspects associated with the sale of the property. Wife shall be in control of all aspects of the sale of the property and Husband shall not take any action to delay sale. Upon the sale, the parties shall equally divide any proceeds, less any and all money that either of them paid toward the cost of sale or maintenance of house pending sale, not including Husband's continued payment of the mortgage pending sale. Only upon Husband's satisfaction of the mortgage through refinance or payment, to remove Wife's name as a responsible party on any encumbrance associated with the property, no later than December 4, 2007, shall Wife sign a deed to transfer the property to Husband's name individually. Absent that, the parties shall continue to own the property jointly with the right of survivorship. In the event that Husband's current mortgage refinance commitment with Orrstown Bank is revoked, Husband shall continue to make reasonable and good faith efforts to refinance the property until refinancing is accomplished; however, in no way shall this occur later than December 4, 2007 or the house shall be listed for sale in accordance with the terms of this agreement. Wife shall execute a deed for the property prior to such refinancing and the deed shall be held in escrow by Wife's attorney until said refinancing is effected. 9. Business: Husband owns and operates a landscaping business, Sheaffer Lawn and Garden. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution in this business. Husband shall be responsible for maintaining all debt associated with this business, as may be more specifically set forth in paragraph 12 herein. In the event debts are not specifically listed in this paragraph, they are not known to Wife at this time. However, Husband agrees and shall maintain responsibility for all business debt. Husband shall indemnify Wife and hold Wife harmless from any demand for payment or collection activity whatsoever. Husband shall retain ownership of the business property and all equipment associated with the business. In connection with the operation of this business Husband filed tax returns. If it is discovered that any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the IRS, said penalties or interest shall be paid and solely attributable to and be the responsibility of Husband. 10. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. If it is discovered that any joint accounts exist as of the date of execution of this Agreement, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. The parties waive and transfer an-N, interest they have in the other's individual accounts, checking or savings that may have been established during the marriage. 11. Pension Interests: Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's pension or retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife has a 401(k) account with Land O'Lakes through her current employment. Husband specifically waives any interest he has in that account. Wife maintains that she does not own or have an interest in any other retirement, pension, investment account or the like. Husband and Wife maintain that neither of them have established, maintained or have an interest in any pension or retirement account through present or prior employment that may have been earned during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 12. Investment Accounts: Each party waives any and all right, title or interest they have or may have in the other's investment accounts, stocks, bonds, mutual funds and the like, that are not previously identified as bank accounts or pension interests. Husband and Wife maintain that neither of them have established, maintained or have an interest in any other investment account during the marriage or that may have earned interest during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 13. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any ,vay, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on January 22, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: Husband and Wife do not believe there exists any obligations in their names jointly. Husband agrees to maintain responsibility for any debts that are listed in his name individually. Specifically, Husband agrees to maintain responsibility for the following business related debts: i. Greenwood Nursery: ii. Boyer & Ritter: date of separation balance, $14,551.76 ill. R&W Equipment: date of separation balance, $8,093.46 iv. Miller Insurance V. Jamco Products Wife agrees to maintain responsibility for any debts that are listed in her name individually. 14. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 15. Life Insurance: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 16. Spousal Support Alimony Alimony Pendente Lite, and Spousal Maintenance: a.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 17. Medical Insurance: Upon entry of the decree in divorce, Husband shall elect his own health, medical and dental insurance, either under the applicable provisions of COBRA, with Wife's group health insurance or another comparable plan. Husband shall be responsible for payment of premiums for the plan. 18. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, 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 situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy 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 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 other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or 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 thereof. 19. Divorce: At the time of execution of this Agreement, Wife has commenced an action for divorce against Husband. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the ri ghts of all parties. 20. Legal Fees: In the review and preparation of this Agreement each party incurred his or her own legal fees and shall be responsible for the payment thereof. 21. Nora-Compliance: if either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 22. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 23. Summw-)) of Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 24. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 25. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 26. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 27. Severability: 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 28. No 97aiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall sun?ive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 30. E ect of Divorce Decree: The parties agree that unless 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. 31. Maiver or Modification to be in Yf'ritinz No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 32. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. 4greement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 34. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. 7?-? A, A ?)/-Ile 7 Date eOKTTH M. SHEAFF y Date /EVO-.NT.N7E M. SHEAFFER WITNESSES: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CL? ???L L Q f7 On this day of Q 2007, before me, the undersigned officer, personally appeared, KEN.NETHM. SHEAFFER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NofarYl3ed No y Public Ma" L NOai, NoWy Public Caftle em CMIbMIMtd County W CW"MWM E)OU laps 18, 2Q9I Member, Pennsylvania Assoolad" of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF C C_t- i'l?- h E f I CL ti_C On this j -? day of C? b cr 2007, before me, the undersigned officer, personally appeared .IEVONNE M. SHEAFFER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?. C) ti Ct?c t- Notary Public NCTa= BARBARA E. S "roW Ca ask Borg CumbaW Cam,. PA My Commission E irm 1- 7, 2011 JEVONNE M. SHEAFFER, Plaintiff CIVIL ACTION - LAW NO. 2001-5237 KENNETH M. SHEAFFER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE PRAECIPE TO TRANSMIT RECORD Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on September 11, 2001, via US mail. Proof of service was filed with the Court on September 20, 2001. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: September 14, 2007 and filed with the Prothonotary on September 14, 2007. By Defendant: September 14, 2007 and filed with the Prothonotary on September 14, 2007. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated October 17, 2007 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: September 14, 2007 and filed with the Prothonotary on September 14, 2007. By Defendant: September 14, 2007and filed with the Prothonotary on September 14, 2007. SAIDIS, FLOWER & LINOS" 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Marylon atas, Esquire Suprem Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Fri; •?? mt- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JEVONNE M. SHEAFFER PLAINTIFF VERSUS KENNETH M. SHEAFFER DEFENDANT DECREE IN DIVORCE AND NOW, DECREED THAT AND N o gLQOe,r 2 0 JEVONNE M. SHEAFFER 00 , IT IS ORDERED AND KENNETH M. SHEAFFER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated October 17, 2007 are incorporated, but not merged, into this Decree in Divorce. BY THE COURT: ATTEST: J . lot PROTHONOTARY N 0. 2001-5237 Co- )f - >/ ?'o.le. J/