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HomeMy WebLinkAbout07-3900116 SHELIA M. NEIDIGH-SMECK : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: DI-MOO Civil DANIEL M. SMECK : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOUFIAVE 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 div orce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 COUNTYBAR ASSOCIATION LA WYER REFERRAL SER VICE 32 South Bedford Street Carlisle, PA 17013 TELEPHONE: 717-249-3166 r. OM & KUTULAKIS Michelle Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 SHELIA M. NEIDIGH-SMECK PLAINTIFF VS. DANIEL M. SMECK DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: v -7 - 3 90 o C'c / 7_z. CIVIL ACTION -LAW IN DIVORCE COMPLAINT 1. Plaintiff is Shelia M. Neidigh-Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 2. Defendant is Daniel M. Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Pennsylvania. The Plaintiff and Defendant were married in Carlisle, Cumberland County, COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, S 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since June 25, 2007, and continue to do so. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from August 20, 2004, to June 25, 2007, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. DATE 0:? Respectfully submitted, Awm&KUTULAKls? L.L.P. Michelle L. Somm , Esquire Supreme Court ID: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, SHELIA M. NEIDIGH-SMECK, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. 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 9 SHELIA NEIDIGH-SMECK CERTIFICATE OF SERVICE AND NOW, this day of June, 2007, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: Daniel M. Smeck 46 Logans Run Enola, PA 17025 Pro Se Defendant Respectfully submitted, ABom&KoTOIAKi,S L.L.P. 4 1k. Michelle L. Som r, Esquire Supreme Court ID: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff c-a t-3 o -Ti Yt > C, Z T? OM & Ku i ULAKIS Michelle L. Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 SHELIA M. NEIDIGH-SMECK PLAINTIFF VS. DANIEL M. SMECK DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA l ?t-+ NO: dry- 3,960 CIVIL ACTION -LAW IN CUSTODY COMPLAINT 1. Plaintiff is Shelia M. Neidigh-Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 2. Plaintiff is Daniel M. Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 20, 2004, in Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant were separated on June 25, 2007. 2 COUNT I - CUSTODY 6. Paragraphs one (1) through five (5) of this Complaint are incorporated herein by reference as though set forth in full. 7. Plaintiff is Shelia M. Neidigh-Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 8. Plaintiff is Daniel M. Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 9. The Plaintiff and Defendant seek joint shared legal and physical custody of the following child: a. Isabella Jadon Smeck, born April 3, 2004, in Dauphin County, Pennsylvania. i. The child was born out of wedlock. 10. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Shelia Neidigh-Smeck & Daniel M. Smeck 46 Logans Run, Enola, girth to present Pennsylvania 17025 11. The father of the child is Daniel M. Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 12. The mother of the child is Shelia M. Neidigh-Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 13. The relationship of Plaintiff to the child is that of Mother. 14. The relationship of Defendant to the child is that of Father. 15. The Plaintiff currently resides with Defendant and the child. 3 16. The Defendant currently lives with Plaintiff and the child. 17. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother and Father have been the primary caregivers of the minor child since her birth. They have: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Played with the child each and every day and even take the child to the park several times a week; iv. Put the child to bed nightly, attended to the child in the middle of the night, and awakens the child in the morning; and v. The Mother and Father will be able to provide a stable home for the child. vi. The child has a psychological bond with the Mother. vii. The child has a psychological bond with the Father. viii. The Mother and Father can provide for the child both financially and emotionally. 4 ix. The Mother and Father can immediately provide the child with the basic day to day necessities. 20. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant shared legal and physical custody to both the Plaintiff/Mother and Defendant/Father. DATE (? IGr+10:)- Respectfully submitted, Aaom&KUTUTAKrs4 L.L.P. Michelle L. Sommer Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff 5 VERIFICATION I, SHELIA M. NEIDIGH-SMECK, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. 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 SHELIA M. NEI IG - Mtck 6 CERTIFICATE OF SERVICE AND NOW, this fore day of June 2007 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, and First-class mail, postage prepaid addressed to the following: Daniel M. Smeck 46 Logans Run Enola, Pennsylvania 17025 Pro Se Defendant Respectfully submitted, ABOM&KUTULAKIB, L.L.P. Michelle L. Som , Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff 7 ? rv :r ? L r m? O c?? r nJ -u -Tj 6\ 3 ?a A"BOM & ITLILAKIS Michelle L. Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 SHELIA M. NEIDIGH-SMECK PLAINTIFF VS. DANIEL M. SMECK DEFENDANT n t ?t? c_ G'? = N :P r r_ z -? T -il =D - rn N c : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO: o - 3g00 : CIVIL ACTION -LAW : IN CUSTODY COMPLAINT 1. 2 3 4. 5 Plaintiff is Shelia M. Neidigh-Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. Plaintiff is Daniel M. Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on August 20, 2004, in Cumberland County, Pennsylvania. The Plaintiff and Defendant were separated on June 25, 2007. 2 COUNT I - CUSTODY 6. Paragraphs one (1) through five (5) of this Complaint are incorporated herein by reference as though set forth in full. 7. Plaintiff is Shelia M. Neidigh-Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 8. Plaintiff is Daniel M. Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 9. The Plaintiff and Defendant seek joint shared legal and physical custody of the following child: a. Isabella Jadon Smeck, born April 3, 2004, in Dauphin County, Pennsylvania. i. The child was born out of wedlock. 10. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Shelia Neidigh-Smeck & Daniel M. Smeck 46 Logans Run, Enola, Pennsylvania 17025 Berth to present 11. The father of the child is Daniel M. Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 12. The mother of the child is Shelia M. Neidigh-Smeck, who currently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania. 13. The relationship of Plaintiff to the child is that of Mother. 14. The relationship of Defendant to the child is that of Father. 15. The Plaintiff currently resides with Defendant and the child. 3 16. The Defendant currently lives with Plaintiff and the child. 17. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother and Father have been the primary caregivers of the minor child since her birth. They have: i• Planned and prepared meals; ii. Bathed, groomed and dressed the child; Played with the child each and every day and even take the child to the park several times a week; iv. Put the child to bed nightly, attended to the child in the middle of the night, and awakens the child in the morning; and V. The Mother and Father will be able to provide a stable home for the child. vi. The child has a psychological bond with the Mother. vii. The child has a psychological bond with the Father. viii. The Mother and Father can provide for the child both financially and emotionally. 4 r ix. The Mother and Father can immediately provide the child with the basic day to day necessities. 20. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant shared legal and physical custody to both the Plaintiff/Mother and Defendant/Father. Respectfully submitted, ABOM&KUTULAKIS, L.L.P. DATE (a 19-+ '0:4- 4- Michelle L. Sommer Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff 5 VERIFICATION I, SHELIA M. NEIDIGH-SMECK, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. 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 SHELIA M. NEI IG - M 6 CERTIFICATE OF SERVICE AND NOW, this day of June 2007 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, and First-class mail, postage prepaid addressed to the following: Daniel M. Smeck 46 Logans Run Enola, Pennsylvania 17025 Pro Se Defendant Respectfully submitted, ABom&KUTULAKI4 L.L.P. "j 11 V 41 A Vt. Michelle L. Som , Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff 7 SHELIA M. NEIDIGH-SMECK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL SMECK DEFENDANT 07-3900 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 02, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 17, 2007 at 9:30 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, By: /s/ ac ueline M. Verne Es . 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) 249-3166 -4?' 1?0? As?)' 4eV' F- 4 ?N oc i c- Inn LOOZ SHELIA M. NEIDIGH-SMECK PLAINTIFF VS. DANIEL M. SMECK DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO: 07-3900 : CIVIL ACTION -LAW : IN DIVORCE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) & (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on June 27, 2007, at Carlisle, Pennsylvania, addressed as follows: Daniel M. Smeck 46 Logans Run Enola, PA 17025 Return card acknowledging receipt on July 5, 2007, is attached as Exhibit "A". Date: ABOM & KUTULAKMS, LLP ? Amff,76 Michelle L. So r, Esquire Supreme Court I.D. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717)249-0900 Attorney for Plaintiff ? u ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery Is desired. \ ? Agent ¦ Print your name and address on the reverse MAddre so that we can return the card to you. B. Received by (Primed Neme) C " 1 ¦ Attach this card to the back of the mallplece, O S7 or on the front if space permits . ? D. Is delivery address different from Item 1? es 1. Article Addressed to: If YES, enter delivery address below: To Daniel M. Smeck 46 Logans Run 3. Type price En of a, P A 17025 , CWttV' d Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article N~ I 7005 1160 0002 111x3 0383 (nerrslls??/rorti servlis te Ps Form 3811, Fdnwy 2004 Don Uc Return Receipt 1025e6.024r-1810 C=2 ? rt CC) cn c.n JUL 13 2007 'r? SHELIA M. NEIDIGH-SMECK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3900 CIVIL ACTION - LAW DANIEL SMECK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 12th day of July, 2007, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 'tw- ?? A - ", ac line M. Verney, Esquire, C tody Conciliator t3 I did C I Y r LOU 'd "Hi JO OM CSC i uLAKIs Michelle L. Sommer, Eagmire Attorney I.D. No.: 93034 36 Somth Harrow Street Carlule, PexVhwxia 17013 (717) 249-0900 SHELIA M. NEIDIGH-SMECK, PLAINTIFF vs. DANIEL M. SMECK, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-3900 CIVIL ACTION- LAW IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between SHELIA M. NEIDIGH-SMECK (hereinafter referred to as "Mother' and DANIEL M. SMEC$ (hereinafter referred to as "Father'. WHEREAS, the parties are the natural parents of one child, namely ISABELLA jADONSMECk born April 3, 2004, (hereinafter referred to as "Child'D; and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child; and WHEREAS, Mother filed a Complaint for shared custody on June 27, 2007. 2 1. .. , , NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, with each party intending to be legally bound hereby, the parties stipulate and agree as follows: 1. The Mother and the Father shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to medical, dental, religious or school records, the residence address of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, treatment institution, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled 3 I, to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother and Father shall share primary physical custody of the Child on an equal 50% - 50% basis with days and times as agreed by the parties. a. Such that Mother will have primary physical custody of the Child on her days off from work and Father will have primary physical custody of the child on his days off from work. 3. The parties will share all major holidays as agreed by the parties, these holidays will consist of a. Thanksgiving Day, Christmas Day and Easter. b. Mother shall have custody on Mother's Day. c. Father shall have custody on Father's Day. 4. However, if the parties are unable to agree to a holiday schedule, the following schedule will take control regarding custody of the minor Child and will consist of a. Mother will have Thanksgiving in all odd number years beginning in 2007 and Father will have Thanksgiving in all even number years beginning in 2008. b. Mother will have Christmas Eve in all odd number years beginning in 2007 and Christmas Day in all even number years beginning in 2008 and Father 4 will have Christmas Day in all odd number years beginning in 2007 and Christmas Eve in all even number years beginning in 2008. c. Father will have Easter in all even number years beginning in 2008 and Mother will have Easter in all odd number years beginning in 2009. d. The following holidays will be alternated beginning in 2007 with Mother having Labor Day, Father having Columbus Day, Mother having Martin Luther King Day, Father having President's Day, Mother having Memorial Day and Father having 46 of July. 5. Transportation shall be shared by the parties. 6. Each party shall keep the other party apprised of her or her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the Child, at least one time per day, while the Child is in the "custody and control of the other party." 7. If either patent is going to be away overnight with the Child for two (2) consecutive overnights or longer, that parent shall provide notice to the other parent as to the location of the Child and a number where they can be reached. Notice shall be given at least forty-eight (48) hours in advance of the overnight travel. a. If Mother must be away from her residence for an overnight or longer due to active military duty or National Guard obligations, Father shall have physical custody of the Child during such times. 5 b. If Father must be away from his residence for an overnight or longer due to police training obligations, Mother shall have physical custody of the Child during such times 8. Each parent shall be afforded at least a week (seven consecutive days), but not more than two (2) weeks (fourteen consecutive days) of vacation with the Child during the summer months, as long as the party provides at least thirty (30) days written notice to the other party of his or her selected weeks, as well as the destination of the vacation and a number where the Child can be reached. 9. Neither party shall have overnight guests while having primary physical custody of the Child until such time that the Child is of an age and level of maturity to understand the finality of her parent's marriage. 10. Neither parent shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 11. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further 6 4 j . .. acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 13. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other parry. -------- --------- - 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each parry acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: wA-40 U I DA SHELIA M IDIGH-SMECK DATE DANIEL M. SMECK 7 ? N a = G a r - ~ ?rs ? f"1 "T7 1 SHELIA M. NEIDIGH-SMECK, PLAINTIFF vs. DANIEL M. SMECK, DEFENDANT AUG 892oD1rr : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-3900 CIVIL ACTION -LAW IN CUSTODY AND NOW this day of a ?1 } , 2007, the attached Custody Stipulation and Agreement is hereby made an Order of Court. cc: 6helle L. Sommer, Esquire, For the Pkdnfiff arren J. Holst, Esquire, For the Defendant 4 IMA 7 "T T TT !'`!lT T n V ± 91 '8 V 0C 8AV LOOZ SHELIA M. NEIDIGH-SMECK : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: 07-3900 DANIEL M. SMECK : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE 1. A Complaint in Divorce under §3301(c) and §3301(d) of the Divorce Code was filed on July 9, 2007. 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: b ?- SHELIA M. NEIDI -SMECK, Plaintiff i ?J w' C t ??. r.n?i.yl ? L y i. ..+? ?r- SHELIA M. NEIDIGH-SMECK : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 07-3900 DANIEL M. SMECK : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE 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: SHELIA M. NEIDI -SMECK, Plaintiff 0 rn LyMMC' M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELIA M. NEIDIGH-SMECK, Plaintiff ) NO. 07-3900 V. ) DANIEL M. SMECK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under §33011(c) of the Divorce Code was filed on June 27, 2007. 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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. 1 understand that 1 witi 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 above 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: \O?\01 N Daniel M. Smeck, Defendant C"? rv £dJ .- ? j `Ca`m', MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN DANIEL M. SMECK AND SHELIA M. NEIDIGH-SMECK Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Daniel M. Smeck Michelle L. Sommer, Esquire ABOM & KUTULAKIS LLP 35 South Hanover Street Carlisle, PA 17013-3306 Telephone: (717) 249-0900 Counsel for Shelia M. Neidigh-Smeck MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this ( V day of vt , 2007, by and between DANIEL M. SMECK, of Cumberland County, Pennsylvania, and SHELIA M. NEIDIGH-SMECK, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Daniel M. Smeck (hereinafter referred to as "Husband") was born on September 19, 1973 and presently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania 17025; WHEREAS, Shelia M. Neidigh-Smeck (hereinafter referred to as "Wife") was born on April 11, 1969 and presently resides at 46 Logans Run, Enola, Cumberland County, Pennsylvania 17025; WHEREAS, the parties hereto are husband and wife, having been lawfully married on August 20, 2004 in Carlisle, Pennsylvania; WHEREAS, the parties separated on or about June 25, 2007; WHEREAS, one child was born of the marriage between the parties, namely, Isabella J. Smeck, born April 3, 2004; WHEREAS, Wife intends to move into a new residence, 1024 Dogwood Lane, Enola, Pennsylvania 17025, by August 1, 2007; WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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. ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J. Holst, Esquire for Husband and Michelle L. Sommer, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable; it is being entered into freely and voluntarily; the execution of this Agreement is not the result of any duress or undue influence; and it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and 2 her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the 3 other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that, on June 27, 2007, Wife initiated a divorce action under the no-fault provisions of the Divorce Code by filing a Complaint docketed at number 07-3900 in the Court of Common Pleas of Cumberland County. Once the ninety (90) day waiting period provided for under §3301(c) of the Divorce Code has expired, each party will sign an Affidavit of Consent to Divorce and a Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife who shall promptly submit all documents necessary to precipitate the prompt entry of a divorce decree. 4 .16 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that, prior to their marriage, Husband acquired an ownership interest in that certain house and lot and all improvements thereupon situated at 46 Logans Run, Enola, Cumberland County, Pennsylvania 17025 (hereinafter referred to as the "Marital Residence"). During their marriage, the parties resided at the Marital Residence. The parties agree as follows with respect to the Marital Residence: (1) Husband shall remain the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Marital Residence including, but not limited to, any increase in value during the course of the marriage. To the extent necessary, Wife shall execute any and all documents necessary to evidence the intentions of this paragraph. (2) Wife agrees any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Once Wife vacates the Marital Residence, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held 5 harmless from any liability, cost or expense, including attorneys' fees, which may be incurred in connection with such liabilities and expenses. Moreover, Husband shall, within thirty (30) days of the date of the execution of this Agreement, take all steps necessary to apply for a mortgage refinancing to refinance the mortgage associated with the Marital Residence to remove Wife's name from liability thereto. Should Husband's mortgage refinancing application be denied, he shall reapply every six (6) months thereafter until such time as he successfully refinances the mortgage to remove Wife from liability thereon. Husband shall have a duty to provide Wife with copies of all documentation evidencing he is in compliance with this subparagraph. (4) Upon Husband's successful mortgage refinancing, he shall pay to Wife, out of the equity of the residence, the lump sum of Ten Thousand Dollars ($10,000.00), which shall be paid as and for equitable distribution as referenced in subparagraph 5(g), infra. Husband shall remit said Ten Thousand Dollar ($10,000.00) lump sum payment to Wife no later than three (3) business days following settlement on the mortgage refinancing. (5) The parties acknowledge Wife is presently in the process of purchasing her own residence. Until such time as Wife is able to move into her new residence, she shall be permitted to continue to reside within the Marital Residence. From the date of this Agreement until such time as Wife vacates the Marital Residence, the parties agree to be equally responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums and utilities that become due and payable between the date of execution of this Agreement and the date Wife vacates the Marital Residence. Each party agrees to indemnify and hold the other party and his or her successors, assigns, heirs, executors and 6 administrators indemnified and held harmless from any liability, cost or expense, including attorneys' fees, which may be incurred in connection with the liabilities and expenses each party is assuming between the date of execution of this Agreement and the date Wife vacates the Marital Residence. (b) Furnishings and Personalty. (1) The parties agree they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings remaining in the Marital Residence. Notwithstanding the foregoing, the parties agree Wife shall receive, as her sole and separate property, those items located in the Marital Residence and identified on Exhibit "A", attached hereto and incorporated herein by reference. (3) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession and those items identified in Exhibit «A„ 7 (c) Motor Vehicles. (1) Husband agrees Wife shall retain possession of, and receive as her sole and separate property, the 2007 Volvo S60 automobile currently titled in Wife's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees Husband shall retain possession of, and receive as his sole and separate property, the 2002 Chevrolet Tahoe automobile currently titled in the joint names of the parties, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (3) The parties agree they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (d) Life Insurance. The parties acknowledge and agree each shall retain, as his or her sole and separate property, any and all life insurance policies in his or her name, free of any right, title and interest of the other party. 8 (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, including, but not limited to, Wife's military retirement benefits and Husband's Lower Paxton Police Department pension and deferred compensation account, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (f) Cash Accounts. Stocks and Investments. (1) Wife agrees Husband shall retain possession of, and receive as his sole and separate property, any and all cash accounts, stocks and investments titled in his sole name. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest she may have in and to said cash accounts, stocks and investments and the monies contained therein. (2) Husband agrees Wife shall retain possession of, and receive as her sole and separate property, any and all cash accounts, stocks and investments titled in her sole name. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest he may have in and to said cash accounts, stocks and investments and the monies contained therein. 9 (3) The parties acknowledge that, during marriage, they maintained a jointly titled checking and savings account with Wachovia Bank. Wife agrees Husband shall retain possession of, and receive as his sole and separate property, the jointly titled Wachovia checking and savings account, and she hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest she may have in and to said checking and savings account and the monies contained therein. Wife agrees to execute any and all documents necessary to transfer the jointly titled account into Husband's sole name. (4) The parties acknowledge that, during marriage, they acquired a jointly titled Certificate of Deposit with Members First. Wife agrees Husband shall retain possession of, and receive as his sole and separate property, said Members First Certificate of Deposit, and Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest she may have in and to said Members First Certificate of Deposit and the monies contained therein. (g) Equitable Distribution Pam. In addition to the Ten Thousand Dollar ($10,000.00) lump sum equitable distribution payment Husband shall make to Wife upon the successful mortgage refinancing, as set forth in more detail in paragraph 5(a)(4), supra, Husband agrees he shall pay to Wife, as and for equitable distribution, the lump sum of One Thousand Dollars ($1,000.00), which payment shall be made no later than five (5) business days following the execution date of this Agreement. 10 (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) Property to Wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quit claims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 11 (k) Assumption of Encumbrances. (1) Husband shall be solely responsible for any and all liabilities he has incurred in his name alone, specifically to include any obligations to issuers of credit cards in his name. (2) Wife shall be solely responsible for any and all liabilities she has incurred in her name alone, specifically to include any obligations to issuers of credit cards in her name. The parties acknowledge and warrant that no credit card accounts presently exist that provide for jointly liability. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (1) Liability not Listed. Each party represents and warrants to the other he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. 12 (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorneys' fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and attorneys' fees incurred by Husband in connection therewith. (o) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys' fees, incurred in the event of breach hereof. 13 6. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. MEDICAL INSURANCE COVERAGE. The parties acknowledge and agree that, upon their divorce, neither party shall have any continuing responsibility to provide medical insurance coverage for the other party, and any such medical insurance coverage provided for the benefit of the other party shall terminate effective the date of a divorce decree. 8. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 14 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this 15 Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, 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 16 lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17 15. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Daniel M. Smeck 46 Logans Run Enola, PA 17025 and to Wife, if made or addressed to the following: Shelia M. Neidigh-Smeck 1024 Dogwood Lane Enola, PA 17025 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19 ?f 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 20 ? IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ?. U, i-? r WITNESS r WITNESS DANIEL M. SMECK HEL NEIDIGH-SMECK 21 i e COMMONWEALTH OF PENNSYLVANIA COUNTY OF I I f1 BEFORE ME, the undersigned authority, on this day personally appeared DANIEL M. SMECK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 52007. Wi - Tl__? r O N6tary Pu li in nd for Commonwealth of Pennsylvania Typed or printed name of Notary: 9 My commission expires: 22 CITY OF HARRISBURG, DAUPHIN COUNTY IN NW TH OF PENN YANI MM- NOTARbII SEAL GINGER L 6ONTZ, NQiAR1 PUBLIC MY COMMISSION DtPIRE$ MAY 11, 2008 (i r COMMONWEALTH OF PENNSYLVANIA COUNTY OF I BEFORE ME, the undersigned authority, on this day personally appeared SHELIA M. NEIDIGH-SMECK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. h GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2007. otary Pu ' in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: COMMORWEAlTH OF pENNSYi.VAN1A NOTARK SEAL OMGER L GONE NOfARV PUBLIC My cOpfjlpMH SS ON EVIRESUMAY 17?, 2008 23 ?4 "-J t ? ?? __ "77 .._J is ;? "? R C . ?,. i ? r .,_ w 'r _ C;:7 -? ? _ y ... ? "1 - - (,ca : .. -"E ? t'?.S -% TAB OM & N UTAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 SHELIA M. NEIDIGH-SMECK PLAINTIFF VS. DANIEL M. SMECK DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-3900 CIVIL ACTION -LAW IN DIVORCE PIRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Cumberland County Court of Common Pleas for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. July 5, 2007, by Certified Mail. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff: October 11, 2007 b. by Defendant: October 10, 2007 4. Related claims pending. a. None. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record: a. N/A. 6. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff October 11, 2007 b. by Defendant: October 10, 2007 Respectfully submitted, DATE ?O` V T ABOM & KUTULA"S, L.L.P • (_fi. imAiM 0 ?Ii WU 00 Michelle L. Somme , Esquire Supreme Court ID #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff CJ ? C? C:7 -?? . " •, t Cf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHELIA M. NEIDIGH-SME*'- Plaintiff VERSUS 07-3900 CIVIL No. DECREE IN DIVORCE AND NOW, 11-007, IT IS ORDERED AND DECREED THAT SHELIA M. NEIDIGH-SMECK , PLAINTIFF, AND DANIEL M. SMECK DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Marital Settlement Agreement dated July 12, 2007 is incorporated but not merged into this Decree BY THE COURT: PROTHONOTARY "ap'_ 'x ?o