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HomeMy WebLinkAbout04-0289 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O!..j - ~f9 Cl'(.)~l'-r~ CONSTANCE P. HERMAN, Plaintiff GARY W. HERMAN, Defendant : CIVIL ACTION-LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. C4 - ,).'1 G.Lu~L'-r~ : CIVIL ACTION-LAW : IN DIVORCE CONSTANCE P. HERMAN, Plaintiff GARY W. HERMAN, Defendant COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, Constance P. Herman, by her attorneys, Purcell, Krug & Haller, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Constance P. Herman, an adult individual whose current address is 36 Burnt House Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Gary W. Herman, an adult individual whose current address is 36 Burnt House Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. PURCELL, KRUG & HALLER By urcell, Jr., Esquire 955 4. Plaintiff and Defendant were married on October 8, 1988 in Carlisle, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff avers that there are five children of the parties under the age of 18: Mitchell William Herman, born October 11, 1989, Lucas Gary Herman, born August 27, 1993, Clay Phillipy, born December 21, 1995, Sally Margaret Herman, born January 21, 1998 and Reid Wolford, born September 12, 2001. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. The Social Security Number of the Plaintiff is 202-42-7272 and the Social Security Number of the Defendant is 209-48-7391. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 2 WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. PURCELL, KRUG & HALLER By urcell, Jr., Esquire ID # 955 9 North Front Street Harrisburg, PA 17102 (717)234-4178 Dated: /- /6. (' '( 3 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa. C.S. !l 4904, relating to unsworn falsification to authorities. Dated: 1- /.5 01 (2)(d(UJP~ f) ~ /Jl//U'- Constance P. Herman "):::)\.)"lQ. \t 'i ~ ....... . ..t:: - "l \'- ~ 0- ~ ~ :cJ ~ l/'t r- $ (. "~- ~ ':...-, f,; ..... € ,.".l ._.,' 1'.\ CONSTANCE P. HERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. Defendant : NO. 04-289 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE GARY W. HERMAN, AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF DAUPHIN I, Carol Masich, secretary to, Jolm W. Purcell, Jr., Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 26th day of January, 2004, I sent, by certified mail, return receipt requested, deliver to addressee only, a certified copy ofthe Complaint in Divorce, containing Notice to Defend and Claim Rights to Gary W. Herman, the Defendant in the above action. The return receipt, duly signed by the Defendant is attached hereto and made a part hereof as Exhibit "A". (,-'~~ r'C~\~~L>V'I- Carol Masich \ Secretary to John W. Purcell, Jr. Sworn and su~scribeft to beg me thp,aa"Y of~tt~ Notary Public Notarial Seal Sonlte F ~n !". ~~I"'lor l\Iotary Public CllY 01 ";>,, "'1'o,n coun1lO Mycommi8sloi, _^......r"Ii:) ::;81'1. 26,2 5 Member,PennsylvanlaAssoClaIion of Notaries Notarial Seal Bonita E. Prussact<. Notary Public CID 01 I-iarrisbi,.llb!. Dauphin County My Commission Expiras Sept. 26, 2005 Member, PennsyfvaniaAssocialion of Notarfes u.s. Postal Servi.G::", CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) CJ r'- CJ ...II <0 rn ...II LIl Postage $ ...II CJ o Return Reciept Fee o (Endorsement Required) Cl Restricted Delivery Fee I:() (Endorsement Required) ...II .-'l Certified Fee Tolal Postage & Fees $ rn CJ CJ r'- Postmark Here ,?-,Io, 0 L( fTo ~ \j Y?\ .\! ~Y~~:::.~~.~",u.mu.m.u"'.muu.. ~:1:r::}"to~.;---- --Uno V - : ~CA"\. :''0 \j . ",,,,Qu..u,,, CirY..Siai.~;~,\.~~~.~\*(J'\"-~0\Cl \ :11 - 'nus SEe/ION SENDER, COMf'L, Tf Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: ~"'\ ~\J \1~'cVV""y\ bl.c ~0.yv,4 ~()\.\~~ ~O ~~ , ~y\,~\", 'VB ". v, 0 \.') ',I ( liON ON 11/ IIVrl/\' ,"ill\lI'lrrr IIii'; K. lIE..... -. , 'I D. Is wery addl'8S$ different from Item 1? If YES, enter delivery address below: 3. Service Type l!J- Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 1Zf-Yes 2. Article Number (Transfef from seMoe/_be/) ~O 0 :; \ 10 ~ 0 Q 0 c \0 '') \,.~ ~ PS Form 3811, August 2001 Domestic Return Receipt Exhibit "A" \:,0'\0 102595-02-M-OBJ5 -- (") c <;:: ".t.'I(.lJ rnr": ~:: ::J~.~ Zl_. (f) .~~~ -<c,'C", r:::, ~C) ~?:.Ci 5>c- ~ ~ { ( ..., <=> <=> ..r:- ..., ,." co I N ~" \.. ~i ~~ -'" ?O or:- -< -0 :Jl: ~ ) ) vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-289 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE CONSTANCE P. HERMAN, Plaintiff GARYW. HERMAN, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the divorce Code was filed on January 22, 2004. 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 a 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. 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 and Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. i 4904 relating to unsworn falsification to authorities. Date: 7~ 7 ~ c:/<J crt! ;r.!::: /?-- ------ o ~' ~:..;. ~ ~ 'e " f~ :;<: :i - ~ o ." .-::\ .,~ -n ('\'1-- C. -01" :9t;:' :~;~ ~~~ \..~~ (-, ;2: tft (2t ..~ ."'" -0 ~ r;? o cP vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-289 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE CONSTANCE P. HERMAN, Plaintiff GARY W. HERMAN, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on January 22, 2004. 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !j3301(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 and Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !j 4904 relating to unsworn falsification to authorities. Date: I ( ~. ~ C.. OS / it J-fzu C'J P Constance P. Herman I _/I ./ I ! \l{'i t1tC.l A-. ....-- (~ ,..., r,:::-::> ~? '~'JI - S -:- " I W () ..n ....> ~~1''; t".'IC, :qo '-~~\~; <"J -c '~(~j~ - ,_.,-~ ~ r"J ^"'f, .- - - SEPARATION AND PROPERTY SETTLEMENT AGREEMENT rP THIS AGREEMENT, rnade this "L'? day of ~ ' , 2004, by and between Constance P. Herman, hereinafter referred to as "Wife", and Gary W. Herman, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawf..illy rnarried on October 8, 1988; and WHEREAS, five children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on February 9, 2004 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the rnutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his!her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Michael A. Scherer and Wife by her attorney, John W. Purcell, Jr. have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises rnutually made and rnutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: Separation and Property Settlement Agreement Page 2 1. Separation. It shall be lawful for each party at all tirnes hereafter to live separate and apart from the other party at such place that he or she rnay from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as rnay be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart frorn the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless frorn any and all clairns or demands made against hirn by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless frorn any and all claims or demands rnade against her by reason of debts or obligations incurred by him. 5. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: 1. Line of Credit with PNC - approxirnate balance of $2,000.00 2. VISA - Approximate balance of $800.00 Both Husband and wife shall contribute equally to the monthly payments on the above two debts until paid in full. Husband shall also contribute $200.00 per month to Wife towards the monthly mortgage until the real estate is sold pursuant to paragraph 6(C) In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, Separation and Property Settlement Agreement Page 3 regardless of the name in which the account rnay have been charged, and such party shall indemnify, defend and hold the other party harmless from any clairn or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 93501 et. seq. of the Pennsylvania Divorce Code and taking into account the following considerations: the length of rnarriage; the fact that it is the first rnarriage for Husband and Wife; the age, health, station, amount and sources of incorne, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and incorne; the sources of incorne of both parties, including but not limited to rnedical, retirernent, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the rnarital property, including the contribution of each spouse as a hornemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the tirne the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division of same being effected without the introduction of outside funds or other property not constituting rnarital property. The division of property under this Agreement shall be in full satisfaction of all rnarital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between thern, and they mutually agree that each party shall frorn and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Separation and Property Settlement Agreement Page 4 The parties hereto have divided between themselves, to their rnutual satisfaction, all iterns of tangible and intangible marital property. Neither party shall make any clairn to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it becorne necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deerned to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the tirne of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other sirnilar writing is in the possession or control of the party. Husband and Wife shall each be deerned to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. Frorn and after the date of the signing of this Agreement, both parties shall have cornplete freedorn of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after rnarriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. The real estate at 36 Burn House Road, and 161 Richland Road, both in Carlisle, Pennsylvania shall be sold and after the payment of all the costs of settlernent, the net proceeds will be distributed as follows: (1) Payoff the balance of the PNC line of Credit and VISA debts referenced in paragraphs 5 herein. (2) $5,000.00 to Wife's parents (3) The rernaining balance to be split 60% Wife/40% Husband between the parties. Separation and Property Settlement Agreement Page 5 7. Vehicles. Notwithstanding Paragraph 6 of this Agreernent, Husband shall retain possession and ownership of the 2003 Ford Taurus presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband. In consideration thereof, Husband shall assume full responsibility for the tirnely payment (so as not to adversely affect the credit of Wife) and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for the same. Wife hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision. Notwithstanding Paragraph 6 of this Agreernent, Wife shall retain possession and ownership of the 2001 Chevy Suburban presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall assume full responsibility for the tirnely payment (so as not to adversely affect the credit of Husband) and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same. Husband hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon dernand, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 8. Alimony. Both parties acknowledge and agree that the provisions of this Agreernent providing for equitable distribution of marital property are fair, adequate and satisfactory to them, and are accepted by thern in lieu of and in full and final settlement and satisfaction of any claims or demands that either rnay now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek frorn the other any payment for support or alirnony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alirnony brought by or on behalf of the other, such indemnity to include the 9. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreernent providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final Separation and Propeny Settlement Agreement Page 6 settlement and satisfaction of all claims and demands that either rnay now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencernent of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 10. Divorce. A Complaint in Divorce has been filed to No. 04-289 in the Court of Common Pleas of Dauphin County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an Affidavit evidencing their consent to the divorce, pursuant to g3301(c} of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's tirnely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting frorn any action brought to cornpel the refusing party to consent. Each party hereby agrees that a legal or equitable action rnay be brought to cornpel hirn or her to execute a Consent form and that, absent sorne breach of this Agreernent by the proceeding party, there shall be no defense to such action asserted. 11. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations, including alirnony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under s3301(c} or s3301(d} of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific perforrnance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final Decree. 12. Release. Subject to the provisions of this Agreernent, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action" claims, rights, or demands, Separation and Property Settlement Agreement Page 7 whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to !l3302 of the Divorce Code. 13. Waivers of Claims Against Estates. Except as herein otherwise provided, each party rnay dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the rnarital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from tirne to tirne, and each will, at the request of the other. execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and clairns. 14. Rights on Execution. Immediately upon the execution of this Agreernent, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never rnarried. 15. Breach. In the event of breach of any of the terms of this Agreernent, the nonbreaching party shall be paid, as part of any award or judgrnent against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 16. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not rnerge in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alirnony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, Separation and Property Settlement Agreement Page 8 remaining the prirnary obligation of each party. This Agreernent shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreernent. 17. Additional Instruments. Each of the parties shall frorn time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreernent. 18. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreernent. 19. Entire Agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of rnarital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and dernands that they rnay now have or hereafter have against the other for equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a Court ordered determination and distribution of rnarital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. Modification and Waiver. A modification or waiver of any of the provisions of this Agreernent shall be effective only if made in writing and executed with the same formality Separation and Property Settlement Agreement Page 9 as this Agreernent. The failure of either party to insist upon strict performance of the provisions of this Agreernent shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. Intent. It is the intent of the parties by this Agreernent to fully and finally foreclose any resort to the Courts for relief on the basis of any statute or case law presently existing or which rnay exist at sorne time in the future within the Cornrnonwealth of Pennsylvania, including but not limited to equitable distribution, alirnony and other relief under the Pennsylvania Divorce Code, as amended. This Agreernent has been drafted and accepted on the basis that such resort would constitute a breach under this Agreernent, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the Court shall treat the parties as if they had never entered into a marital relationship. This Agreernent shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 22. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreernent is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 23. Descriptive Headings. 'The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. Agreement Binding on Heirs. This Agreernent shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 25. Reconciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to rernain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. Separation and Property Settlement Agreement Page 10 IN WITNESS WHEREOF. the parties hereto have hereunto set their hands and seals the day and year first above written. ~r,J~ft P 7~(aA- Constance P. Herman /(-, (J" --- . ~ Gary W. Herman WITNES.S: ~._ ~c. (D..z.,1I<i ASh 13nll COMMONWEALTH OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND On this the 0;<" day of September, 2004, before me, the undersigned officer, personally appeared Constance P. Herman and Gary W. Herman, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. WITNESS my hand and official seal the day and year first above written. ~c.~/~~ .' Notary Public: - NOTARIAL SEAL GEORGE F. DOUGLAS. m. NOTARY PUBlIC CARLISLE BORO. CUMBERLAND COUNTY _MY COMMISSION EXP.IRES JUNE 26,2007 . ADDENDUM TO SEPARATION AND PROPERTY SETTlEMENT AGREEMENT it is hereby agreed by the parties that Article 6 (BI will be amended to state that once the marital property at 36 Burnt House Road, Carlisle, Pennsylvania, 17013 is sold any remaining proceeds trom the sale will be paid to Constance P. Herman. ~tY- L ~fr- ~ Witness ~ . ~(J ~ :~~{.-\ . .~ Witness (]Jw.(o]cei f/ 7tt11LrV-- ;:~;mupn_ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss On this. the 2../51. day of ~./-- .2004 before me, the undersigned officer personally appeared Constance P. Herman known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I have here fficial seal. t;;:J (SEAL) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss NOTARIAL SEAL GEORGE F. DOUGLAS, m, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY _MY COMMISSION EXPIRES JUNE 26,2007 On this, the '2/ 5" ~ day of D..uc _ ,2004 before me, the undersigned officer personally appeared Gary W. Herman known to me lor satistactorily proven) to be the person whose name is subscribed fa the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I have heres my hand an NOTARIAL SEAL . J.. C... , GEORGE F. DOUGLAS, m, NOTARY PUBLIC itle of Officer CARLISLE BORO, CUMBERLANO COUNTY MY COMMISSION EXPIRES JUNE 26,2007 official seal. \&.. (SEAL) ,;.-. n ...., ~ tj"l o " s:l" rnr~ "-00-1 .-.,'..,......- ~\ . :::~(J c:n '.?C) m ':=-~~ 0>- ") :.< (~ ""'- I W .C- ('" "" CONSTANCE P. HERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. GARY W. HERMAN, Defendant : NO. 04-289 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section (x) 3301(c) of the Divorce Code. 2. Date and rnanner of service of the Complaint: Certified Mail on January 27,2004 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: October 30, 2005 by Defendant: July 7,2005 4. Related claims pending: No economic claims have been raised. 5. (a) Date and manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached: (b) Date of Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: Filed contemporaneously herewith Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: July 13, 2005 ~7 , JR. ESQ. .-> :g C1' - C ...::: ---------- I W ('J -rl :::;:l....1"1 enp .-:;0-1 ":.lY ~:)b .::.:-:t..\, '\":0 .,)C) 'S?to ,~ ""- - .r N F:\FILES\DA T AFILEIGelleTal\C lITTellt\ll 018.23. rnsa.l Created: 7/30/04 9:12AM Revised: 7/12/0S 2:12PM Jennifer L. Spears, Esquire 1.0. 87445 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle,PA 17013 (717) 243-3341 WILLIAM F. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEJ5B ~ '? CUMBERLAND COUNTY, PENNSYLV Af'11A '1j ~ - .-: j'-r-i v. NO. 05-3016 CIVIL TERM DAWN M. SHUGHART, Defendant CIVIL ACTION - LAW IN DIVORCE ::,,-. : ~ c::> r,,) c:' MARITAL SETTLEMENT AGREEMENT "'A.r- THIS MARITAL SETTLEMENT AGREEMENT, made this i '-) day of '!l^.., , 2005, by and between WILLIAM F. SHUGHART, of Carlisle, Cumberlan County, Pennsylvania (hereinafter referred to as "Husband") and DAWN M. SHUGHART, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on January 16, 1998, in Pennsylvania; WHEREAS, the parties have three (3) minor children: Madelyn (DOB 1/9/96), Mackenzie (DOB 1/20/00), and Morgan (DOB 3/28/03); WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters betv,reen them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. f., NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to bc legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania on June 10,2005, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 330 I (c) of the Divorce Code as soon as permitted under the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce 2 Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification orrevision thereof shall alter, amend or vary any term ofthis Agreement, whether or not either or both of the parties shall remarry. It is the specific intent ofthe parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution ofthis Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for 3 all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or simi lar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Wife and Galen R. Waltz, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the 4 other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each ofthe parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a fulI and complete disclosure oftheir respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 1 O. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnifY and hold harmless the other party from and against any and alI debts, charges and liabilities incurred by the other after the execution date ofthis Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession 5 or under the control of the other. The parties agree, however, to divide all photographs evenly, and each party shall be entitled to access to negatives. The parties will make duplicates of all camcorder tapes which currently exist so that each party has a full set. Any cost involved in the duplication of the videos will be shared equally. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession ofthe other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: Husband conveys all of his interest in, right and title to the parties' marital residence (which is already solely in Wife's name) at 14 Farm Lane, Carlisle, Cumberland County, Pennsylvania, to Wife. From the date of this Agreement, Wife will remain the sole owner ofthe property. Wife shall remain solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Husband conveys to Wife all of his interest in, right and title to the following properties (which is already solely in Wife's name): 69 E. Main St" Newville, Pennsylvania; 1283 Boiling Springs Road, Boiling Springs, Pennsylvania; 51-53 E. Main St., Newville, Pennsylvania; 55-57 W. Big Sprint Ave., Newville, Pennsylvania; and 31 W. Big Sprint Ave., Newville, Pennsylvania. From the date of this Agreement, Wife will remain the sole owner ofthe properties. Wife shall remain solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said properties. Wife has sold a property located at 605 Roxbury Road, Newville, Pennsylvania via an installment sales contract. The property is to be sold in March of2006. Upon final sale, Wife shall pay to Husband half the proceeds from the sale of said property. The parties are currently under a sales agreement with Michael Adler to purchase two (2) lots in Clearfield County. Within thirty (30) days of the execution of this Agreement, Husband must execute a new sales agreement to the properties assuming the payments and therefore, Wife waives all rights and interest to same as well as all legal right and interest that Wife has in all money that has been expended by the parties towards the purchase of the two (2) Clearfield County lots, effective upon Husband's execution of a new sales agreement. From the date of this Agreement, Husband shall be responsible for all taxes, insurance and maintenance on said properties. 6 In consideration of the transfers made herein, Wife agrees to purchase for Husband a home located at 2560 Walnut Bottom Road, Carlisle, Pennsylvania, for $144,000. Wife agrees to incur mortgage debt to purchase said property. Wife shall be responsible for repayment of the purchase money mortgage debt (herein referred to as the "mortgage"), including principal, interest, and any other costs assessed by the lender. The parties both recognize that the lender of the mortgage may take a security interest in said property. Husband shall not be required to assist Wife in repayment of said mortgage, not will Husband be a Guarantor, Co-Borrower, or liable in any other way on said mortgage. The fee simple deed to said property shall be recorded with the Cumberland County Recorder of deeds on Wife's name alone; however, a fee simple deed to said property in Husband's name shall be executed by the parties subsequent to Wife's purchase of the property, which will be held in trust or escrow for Husband by Husband's attorney, Galen R. Waltz, Esquire, Turo Law Offices, 28 South Pitt Street, Carlisle, P A, until such time as the mortgage has been fully satisfied. The unrecorded deed to the property in Husband's name shall have no validity. When the mortgage has been satisfied, the deed will be deemed delivered by Wife, and Husband may record the deed conveying title of the property to him at his sole cost and expense. Wife agrees that she will take no action which might result in any other lien being placed on said property. Wife further agrees that she will not conveyor attempt to convey said property to any person or entity other than Husband without his express written permission. Wife will timely make all monthly mortgage payments on said property until the primary mortgage is fully satisfied. Husband shall be responsible for all taxes, insurance and maintenance on said property. Wife agrees to allot $150,000 of her life insurance policy to Husband as beneficiary for the time period that the mortgage remains unsatisfied. Additionally, Wife will provide copies of the term life insurance policy and the policy's beneficiary designation on an annual basis to be received no later than 30 days after receipt of same or the anniversary date this Agreement. Wife also agrees to pay additional alimony as provided in paragraph 18 herein should she default on the mortgage payments. 13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank 7 accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in. or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES; Husband and Wife agree that each will retain the vehicles in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. Specifically, Wife shall retain the 2002 Jaguar, 2003 Dodge Caravan, and her company- owned 2005 PT Cruiser. Wife shall be solely responsible for all loan payments, insurance and maintenance on said vehicles. Husband shall retain the 1999 Ford F250 and 1987 Chevrolet Blazer. Husband shall be solely responsible for all loan payments, insurance and maintenance on said vehicles. IS. AFfER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2005, but have filed joint returns in the past. Except as otherwise provided herein, both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either ofthem, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. There is currently a Federal income tax deficiency for the year 2003 in the approximate amount of $18,000. Wife is paying this liability at the rate of $400.00 or more per 8 month and will continue to be responsible for said payments until this liability is satisfied in full. The parties agree that all other taxes are current to the best of their knowledge. Husband and Wife agree that Husband shall claim on a yearly basis the tax benefit for being the primary physical custodian for MacKenzie and Morgan, so long as Husband continues to be their primary physical custodian. Husband and Wife agree that Wife shall claim the yearly tax benefit for being the primary physical custodian of Madelyn as long as Wife remains to the primary physical custodian of Madelyn. In the event primary physical custody is changed or modified, the party having primary physical custody for the majority of the year for each child shall claim the income tax benefit for that child for that calendar year. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. <.//-,9 7 j;~t6 18. ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. Wife shall pay Husband alimony for three (3) years in the amount of $1 ,000 per month on or before the first day of each month, with the first payment being due on or before the first day of the month after this Agreement is executed by both parties. For example, if this Agreement is executed by both parties in July of2005, Wife's alimony payments begin August 1,2005. Alimony shall be tax deductible to Wife and included in Husband's taxable income. Alimony shall terminate . -4-.'~ ."d..-i....> Ic"/i,,,,f.,X()w~'J1 "'O>TI5..~) ino-19".$fIt(''V,..,&\-1 upon Husband's death or remamageC;>c't.'t~ v. I' d' I J I d <'k-sc....;},i!,J .n .f.....:!>~' $"'.1.- P-"'~"'''-('I-. ~+ ("'-~>>""'"'' 1 '&' ...........". """ '-"',.. <.11 ",,..s e~-#." 0.""" Wife also agrees to pay alimony to Husband in the amount of$850 (or whatever the amount of the monthly mortgage payment for the property at 2560 Walnut Bottom Road, Carlisle), Pennsylvania pursuant to Paragraph 12 of this Agreement) to cover Husband's monthly mortgage '<!."""-or,...,,,,c.e sl-.../) t~~\.,...:,^Q,"'~ l-U;..{\'~ CL"'"\'e."""--A+ }"~"-1""1>"+U,-\ '" " 9 c:j c7 ~':}e p"/1I: '; \:~;) "'" r=> , ';;;/' ,:\" ...,//?,/,,>S /\ "'~ / ~\I',,\OJ payments until the mortgage is satisfied on the property at 2560 Walnut Bottom Road, Carlisle, Pennsylvania, if, and only if, Wife defaults on the first mortgage payments on that property as specified further in Paragraph 12 herein. In the event of Wife's insolvency or bankruptcy, Wife shall be a debtor and Husband shall be a creditor with regard to the terms herein. The amount of Wife's debt to be determined for purposes of a bankruptcy action would be the amount owed to pay the mortgage in full. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Each party will retain any retirement accounts in their name. 20. BUSINESSES: The parties acknowledge that Wife is the owner of a 100% interest in Dawn Shughart Realty, LLC, d/b/a Dawn & Associates Realty, Morningstar Mortgage, LLC, and New Beginnings, LLC , which shall become the sole and exclusive property of Wife. Husband hereby relinquishes any claim of right, title or interest with respect to these business interests or any other business interest of Wife's, except as herein provided, which the Wife now owns or hereinafter acquires. Husband further relinquishes any right, title or interest in any profit, license, patent or trademark held or produced by Wife and/or by any business interest currently owned or hereinafter acquired by Wife. 21. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. Husband covenants at all times to keep Wife free, harmless and indemnified of and from any and all debts, charges or liabilities heretofore contracted or incurred by him individually or jointly with Wife for which Husband and Wife are, or may become liable. This indemnity shall also include, inter alia, any liability that Wife may have incurred as a co-borrower or guarantor of payment in conjunction with any business or personal endeavor of Husband. This indemnity shall also include reasonable attorneys' fees that may be incurred by Wife in the defense of any action or proceeding brought by any party, in reference to this paragraph. Wife covenants at all times to keep Husband free, harmless and indemnified of and from any and all debts, charges or liabilities heretofore contracted or incurred by her individually or jointly 10 with Husband for which Wife and Husband are, or may become liable. This indemnity shall also include, inter alia, any liability that Husband may have incurred as a co-borrower or guarantor of payment in conjunction with any business or personal endeavor of Wife. This indemnity shall also include reasonable attorneys' fees that may be incurred by Husband in the defense of any action or proceeding brought by any party, in reference to this paragraph. Wife specifically agrees to indemnify and hold Husband harmless for the following debts: any debts solely in her name, any debts associated with her businesses, any debts associated with properties she will be retaining pursuant to paragraph 12 of this Agreement, and the loan for the Jaguar with Cornerstone Financial. Husband specifically agrees to indemnify and hold Wife harmless for the following debts: any debts solely in his name, any debts associated with his business which was sold in 2005, any debts associated with properties he will be retaining pursuant to paragraph 12 ofthis Agreement, and the loan for the Ford F250 with Members I" Federal Credit Union. 22. HEALTH INSURANCE: Wife agrees to maintain Husband's health insurance coverage until he obtains full time employment or until April 2006, whichever occurs first. Thereafter, each party will be responsible for their own insurance. Each party is responsible for their own uninsured medical expenses. Husband shall cover the parties' three (3) children on his health insurance when he obtains employment. 23. CHILD SUPPORT: Wife agrees to pay child support to Husband in the amount of $1,000 monthly so long as Husband has primary custody of at least two (2) of the parties' three (3) children pursuant to a Stipulation for an Agreed Order of Custody executed by the parties simultaneously with the execution ofthis Agreement, and subsequently executed by the Court. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other 11 remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment ofreasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate ofthe other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 27. ENTIRE AGREEMENT: This Agreement contains the entire understandingofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 12 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties further acknowledge that they have been advised of their right to compel discovery and inspection of the other's books and records, business and personal, and oftheir right to have accountants, appraisers or others investigate, appraise or evaluate the other's business and property interests. Each party has expressed the conviction that he or she knows the nature, extent and value of the other party's property and business interests. The parties acknowledge their understanding of their discovery rights and they have knowingly not taken any further steps, and waive the right to take such steps, themselves or through others, in connection with discovery, inspection, investigation, appraisal or evaluation of the other's business or property interests. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only ifmade in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions ofthis Agreement shall not be construed as a waiver of any subsequent defaults ofthe same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 13 . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and LJ.JL ~11J- WILLIAM F. SHUG ART (SEAL) fk1v.+ 111 DAWNM.SHUG (SEAL) COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, 1311. day of -..J <.>~ ' 2005 before me a Notary Public, personally appeared WILLIAM F. SHUGHART, own to me to be the person whose name IS subscnbed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. : SS COMMONWEALTH OF PENNSYLVANIA NoIanaJ Seal James M. RobInson, NoISJy Public CalfISle Boro. GunberIand CounIy My Commission expires June 6. 2009 Member. Pennsylvania Assoctatlon of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~/ On this, the ! 2- day of .~ - t. 1(. , 2005 before me, a Notary Public, personally appeared DAWN M. SHUGHAR , kno~ to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my han(::ficial seal. O/ckuc'{C~ Notary Public NOTARIAL SEAL VICTORIA l. OTTO, NOTARY PlJRlIC CARLISLE BORO. CUMBERLA~D CO,lJNTY MY COMMISSION EXPIRES DEC, 1 1006 14 II 'I William F. Shughart Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05- 3016 CIVIL TERM Dawn M. Shughart Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under ~ (3301 (c)) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service, by Attorney, Jennifer Spears, Esquire, First Class Mail delivered on or about June 13, 2005. 3. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code. By Plaintiff: October 28,2005 By Defendant: October 31,2005 4. Related claims pending: None. Date the Waiver of Notice in ~3301 (c) divorce was filed with the Prothonotary: By Plaintiff: November 1, 2005 By Defendant: November 1, 2005 / Galen R. Wa ,Esquire Attorney for Plaintiff I I o ~ ~F-'; ". Go'_' r'" '._~' -!::: ~~~-~ Z :; ....', = = <:.n ~ o ...:: I o -n :r rnp1 ---air. :99 ~(-:) _,-"T', 1:5 c:fj ".c ') (~rn ::.-1 ~5 "'< -u ~ Cf? c::> N " William F. Shughart Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05- 3016 CIVIL TERM Dawn M. Shughart Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Complaint in Divorce filed in the above captioned case upon Jennifer Spears, Esquire, by first class mail requested on June 12, 2005 addressed to: Jennifer Spears, Esquire 10 East High Street Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Acceptance of Service dated, June 13, 2005. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELlEF, 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. TURO LAW OFFICES /..,h?;;)~ Date c-.---...... en R. Waltz, Es 28 South Pitt St Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff o r. r<'" <= ~ 5 "'" \ - '-. --:;L<,. \:!::\ ' "::~,; ; \-:- ~~\~:: :z; 0:".( -0 ...- .- 5? 1,..." ,ft?} -oK] :90 ,} L'i eelc.-, ~?~:~~\ ':2t '". '--'J :'< '-!': o i William F. Shughart Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05- 3016 CIVIL TERM Dawn M. Shughart Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 33301 (c) of the Divorce Code was filed on June 10, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 34904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. If) J 2-%/0'5' Dafe ' , / '/lP' :..~ William F. Shughart ,I II I) I o ~~ -';Jl>' 0~ti-\ .".- - -:.~ , ..--.." <~, >- \-:: i;\4 );'S~. ,..c:> """ Co' "" :z; ~ I :':J -, - f.(, .... :l:-n rn~ :go "'3f~), ~-~) ~~1 ~:2: rf\ a ~ .-<: ..", :::; <.i! o - William F. Shughart Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3016 CIVIL TERM Dawn M. Shughart Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(~) 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 jf 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. !j4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. IL.l )Z.iljp> Date' tJ~~ j,(# William F. Shughart ( co '5: ""\". l'~' r1'1t-1': -~~.~~, ' :~:~ ~ = <J' - '0 J:. \ - ,-'. , -'~ ~~~: -;.'':. "-" .-<. o 41 -' :;k-n n~r= 4")rr. ~tJ~) ~:.Jt) -:~~l '0<~ f"',;f\l ::::'-\ 'JjJ :-<.: .-,;> '3: <.8 o - F:\HLES\DA T AFII.E\GeDersl\Cllrrenlll1018.23.cQnsent Jennifer L. Spears, Esquire LD. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant WILLIAM F. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 05-3016 CIVIL TERM DAWN M. SHUGHART, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on June 10,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: 1013\ \Q') ~~. 01 ~/ Dawn M. Shugh , Defendant o ~~j r1"'l1 ~;.~~ r.:.<- .~"~ tt~~ ~ -< ,..., c::::t = cJ' -;;::: ~ I -0 ;:>: '-:? Cl o -n .... :r.:..,.. fl""lp -o~ ~J)'-r" ()t.~ ~::;'\ <)(') -"1""n ~2; )?:. ., :.( - "l Jennifer L Spears, Esquire LD. 87445 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant WILLIAM F. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3016 CIVIL TERM DAWN M. SHUGHART, Defendant CNIL ACTION - LAW IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND ~ 330Hd) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. ? I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date:-.lQ1 ~I \ OS ~{AA, \'l~ ~?1i Dawn M. Shughart efendant (') ,...~ 0 "'" c ~ 11 .0 ~:IJ -...~ (';" - f"'r~,' , ~ ~, I'll r- '::~;. , -em .- , I ~nY (<~;.' - ~3o- c.-:i' -0 :c:'! i")JJ ':bh :3' ,_"0 :r"'c.: '-2 om --4 .';Y 3:1 :;; 0 .--:.. - ;;<:; ---. CONSTANCE P. HERMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GARY W. HERMAN, Defendant NO. 04-289 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of November, 2005, upon consideration of Plaintiff's praecipe to transmit the record in the above-captioned matter, and it appearing that Plaintiff's affidavit of consent is unexecuted, a divorce decree will not be entered at this time, without prejudice to the parties' rights to COrrect the deficiency and file a new praecipe to transmit the record. BY THE COURT, ~n W. Purcell, Jf., Esq. 1719 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff ~chael A. Scherer, Esq. ~ 19 West South Street Carlisle, P A 17013 Attorney for Defendant (,.// //.// J. W~s(;; ;;:r!i!.:I{~ J. j :rc ,\r< '~':/',::r~J Zj:C Ii-I 01 i\Oijg[;Ol ^d\!J.G;;C;;~Ui.>~d jHl dO 3~.)U:!(){EJl::-J '" 'f.'f.:f;'f.'f.'f.'f.'f.;ti;+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;+:;f ;f.'f';+: ;+:~;+:;+:'f.~;+:*'f.~;f*;ti~;f~~ 'f.~;+:~'f.~'f.~'f.~'f. 'f.~*~'f. ;+:;+::f;+;+:~'f.~*~'f.~~~;ti;+:;ti~*~+ ~~;+:~~'f.;f~-f. . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CONSTANCE P. HERMAN No. 04-289 Civil 2004 Plaintiff VERSUS GARY W. HERMAN Dpfpnil;:mt" DECREE IN DIVORCE AND NOW, b", c. , Zc>o"; , IT IS ORDERED AND DECREED THAT Constance P. Herman , PLAINTIFF, AND Gary W. Herman , 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; The terms of the Separation and Property Settlement Agreement between the parties dated bllt shall not September 28, 2004, is incorporated as if merge in the final Divorce Decree between forth at length parties. . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ + + '+ ~ ",+ set the Jcl{ '~ c" -- J. PROTHONOTARY ~;+: ~~ ~ Of Of Of Of Of Of+;f+ ++ +~ 'f~:f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j:n~ ff'P; .H;r-~ ?"'~..z y] 1 -q d?T<Ot.>>'/ G", ~ ~ ~ _ x>n _)(/ "I' ~I /{!'/" (/ 7jL . "t/.< . t...( 7~ t/ _ LJ