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HomeMy WebLinkAbout08-2490 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JILL E. SHULL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTOPHER M. WHERLEY, : NO. 2008 - 1I q CIVIL TERM Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JILL E. SHULL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTOPHER M. WHERLEY, : NO. 2008 - ?W96 CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Jill E. Shull, an adult individual residing at 204 Market Street, Lewisberry, York County, Pennsylvania 17339. 2. The defendant is Christopher M. Wherley, an adult individual residing at 204 Market Street, Lewisberry, York County, Pennsylvania 17339. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on May 13, 1995, in Camp Hill, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r , 2008 Ale", ?92008 NA OLF, ESQUIRE Su em ourt ID #87380 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff lk) c? C3 --I cn ON i s NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JILL E. SHULL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CHRISTOPHER M. WHERLEY, : NO. 2008 - 0 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotar/s Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. If , -312008 JILL E. ULL, Plaintiff C. ? p -? -71 ril sy? ,1 cn • j ^C WA NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JILL E. SHULL, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. WHERLEY, Defendant : CIVIL ACTION - LAW : NO. 2008 - 2490 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA RCP RULE NO 1920.4 (a (1)fi) NOW, Nathan C. Wolf, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about April 22, 2008, by certified mail "restricted delivery," addressed to the defendant at 204 Market Street, Lewisberry, Pennsylvania 17339 return receipt No. 7004 1350 0003 7288 0440. 3. That a copy of the signed receipt for certified mail is attached hereto. I verify that the statements statements herein made are subject falsification to authorities. April 23, 2008 made in this affidavit are true and correct. I understand that false to the penalties of 18 Pa.C.S. Section 4904, relating to unworn I "% ¦ Complete items; 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name)I and address on the reverse so that we can Oeturn the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Si a X i?? ?Ageent 3 Agre B. QeQeived by (f jnted NaMe) ?_/ f C. Data of Del D. Is delivery address dtfferentm item 17 ? Yes I If YES, enter delivery addg6ss below: A No ' 3. Service Type t Mail ? Express Mail Registered etum Receipt for Merchandise ? Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Article Number 7004 1350 0003 7288 0440 (Transfer from service label) , PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ?.... d-.w ?. .,.y ._.. ,?'... a ?'?? ... .{ ,? ?, NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JILL E. SHULL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2008-2490 CHRISTOPHER M. WHERLEY, : Defendant : IN DIVORCE PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the Plaintiff in this matter. December -L, 2008 NAT16 N C. W OD, ESQUIRE WOLF & 10 West Street 717-241-4436 SUPREME COURT ID #87380 Please enter the appearance of BRADLEY L. GRIFFIE, ESQUIRE, as attorney of record for Plaintiff, JILL E. SHULL., in this matter. December r-? , 2008 `LEY LPFFIE, ESQUIRE GRIFFIE & SSOCIATES 200 North Hanover Street Carlisle, PA 17013 717-243-5551 SUPREME COURT ID #34349 ?"w, r. ?_ } "? - ?^°? ....ai s s ?.r.? •?., #`e3 C:? :.+3 JILL E. SHULL, Plaintiff, V. CHRISTOPHER M. WHERLEY, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2490 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on April 17,2008, and served on April 22, 2008, by certified mail, restricted delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 THE FOREGOING 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 DATE: 0q FILED4;r iCE OF THE PP-'-"HOWTIARY 2009 UV 16 PM 1: 41 IINTV JILL E. SHULL, Plaintiff, vi. CHRISTOPHER M. WHERLEY, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2008-2490 : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING 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: ' I 0 FILED--?T ZD09 V 16 PO 1: 4 0 JILL E. SHULL, Plaintiff, vii. CHRISTOPHER M. WHERLEY, Defendant, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2490 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 4. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on April 17,2008, and served on April 22, 2008, by certified mail, restricted delivery. 5. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 6. 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 THE FOREGOING 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: 4RISTOP4919R M. WHERLEY, DSCZ!? ~? ALEL F } ?'E Pr ii 2009 NOV ! 6 CUB `?` Pi: NNSYLVAMA JILL E. SHULL, Plaintiff, viii. CHRISTOPHER M. WHERLEY, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2490 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ILI) Lv __j /2..# 9-., RISTOP ER M. WHER , D end nt FILED- t, TARY Zpgg NOV 16 PH 1-, 4 0 CUM6 ?_ ti 4 of- ayi6 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this ,2; day of t © , 2009, by and between JILL E. SHULL, of 3357 Spring Road, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND CHRISTOPHER M. WHERLEY, of 4305 Avon Drive, Harrisburg, Dauphin County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on May 13, 1995, in Cumberland County, Pennsylvania; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 18-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 18-- the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. 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 Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 18-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 18-- 3.2 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 is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. With the sole exception hereinafter set forth, the parties acknowledge that they have divided their tangible personal property to their mutual satisfaction. The parties acknowledge that they have the furniture, appliances, household decorations and related4tems of tangible personal property in their possession that they wish to have and retain from this time forward. Neither party shall make any claim whatsoever against the tangible personal property in the other party's possession from the time of execution of this Agreement forward. The sole exception to this distribution of personal property is that Husband shall provide Wife with her Centurion Magnetic Blanket and Foot Pad within ten (10) days of signing this Agreement, but under no circumstances later than October 26, 2009. 3.4 Life Insurance. With respect to any life insurance policy owned by each party, each party waives their right to have any interest whatsoever in such policies of the other party. Each party shall have the right to borrow against, change beneficiaries and exercise other incidents of ownership with any respective term life insurance policies without claim or right by the other party. In the event it is necessary for either party to execute any documents to waive any interest in the other party's term life insurance, they will do so within fifteen (15) days of being requested to do so by the other party. --Page 5 of 18-- 3.5 Subseauently Acauired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. 204 Market Street Lewisberry York County Pennsylvania The parties are the joint owners, as tenants by the entireties, of real estate located at 204 Market Street, Lewisberry, York County, Pennsylvania. The property is encumbered with a mortgage!-due and owing to Countrywide Mortgage Company and a home equity loan due to the same company. The parties have entered into an Agreement of Sale with a third party purchaser for value that will cause the sale of the within referenced real estate to the third party purchaser on or before October 26, 2009. At the time of final settlement on the sale of the real estate, all routine settlement costs will be deducted in standard form on the HUD-1 Settlement Sheet, which will allow for a determination of the net proceeds from sale due to the parties as sellers. The disbursement of the net proceeds from the sale of the real estate will be determined by using the following formula: (A) The net proceed amount listed as passing to the sellers on the HUD-1 Settlement Sheet will have added to it the payoff figure listed on the HUD-1 Settlement Sheet for the parties' second mortgage or home equity line of credit (HELOC); --Page 6 of 18-- (B) The sum of the two figures will then be divided by two (2) to give the parties a figure for calculations purposes of each of their share of net proceeds if the HELOC had not been paid in full; (C) From the one-half share of the net proceeds, which would be designated as Wife's one-half share, shall then be deducted the HELOC payoff amount listed on the HUD-1 Settlement Sheet, which net difference shall then be the proceeds payable to Wife from the net proceeds. The other one-half share of the net proceeds calculated in this manner shall be Husband's net proceeds. In further calculation, however, the parties stipulate that Wife has expended the sum of TWELVE THOUSAND AND XX/100 ($12,000.00) DOLLARS maintaining this residence from October 1, 2008 to present and, as such, Husband is obligated to reimburse or compensate Wife the sum of SIX THOUSAND AND XX/100 ($6,000.00) as his share of this expense, which Husband acknowledges as his responsibility. From Husband's net proceeds from sale as described above, this sum of $6,000.00 shall be deducted and the same sum shall be added to the proceeds otherwise distributable to Wife. These new sums shall then be paid from the net proceeds to Wife and to Husband as calculated in this fashion. For further explanation and as an example, in the event that the net proceeds from the sale of the property provides a net distribution to the parties as sellers on the HUD-1 Settlement Sheet in the amount of $25,000.00, and presuming the HELOC payoff is $8,000.00, the calculations set forth above will require that the $8,000.00 be added to the $25,000.00 to give us $33,000.00 of net proceeds, without deduction for HELOC payoff. This $33,000.00 shall then be divided in half, giving each party the sum of $16,500.00 as their net benefit. However, from Wife's one- --Page 7 of 18-- half share shall be deducted the HELOC loan of $8,000.00, giving Wife a net check in the amount of $8,500.00 and Husband a net check in the amount of $16,500.00, thus, totaling the $25,000.00 net equity evidenced on the HUD-1 Settlement Sheet due to the sellers. Further, however, as the expenses maintained by Wife for the mortgage, electric and heating oil on the property for the period designated totaled approximately $12,000.00, this sum shall be divided in half, setting each party's responsibility at $6,000.00, as stipulated. From Husband's sum of $16,500.00 referenced above in this example, shall be deducted $6,000.00, so that his net proceeds check shall be $10,500.00. The $6,000.00 amount shall be added to Wife's net proceeds check so that her net check from settlement shall be $14,500.00, for a combined total of $25,000.00 being disbursed from net proceeds. After settlement and disbursement of proceeds in this manner, neither party shall make any claim of any nature whatsoever, one against the other, relative to any benefit from the ownership or sale of the within referenced real estate 3.7 Pension. Retirement. ProFt-Sharing. Wife hereby waives, relinquishes or transfers any and all of her right, title and interest she has or may have in any retirement account held by Husband that Husband may have in his individual name or may have secured through his present or prior employment. Husband hereby waives, relinquishes or transfers any and all of his right, title and interest he has or may in any retirement account held by Wife that Wife may have in her individual name or may have secured through her present or prior employment. --Page 8 of 18-- 3.8 Vehicles. The parties acknowledge that Wife has in her possession a certain 2007 H- 2 Hummer and a 1997 Mercedes Benz, and Husband has in his possession a certain 1995 Isuzu Trooper. Husband shall execute the titles to the aforesaid vehicles, on which his name appears as an owner, within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel and shall immediately grant possession of the Isuzu Trooper to Wife. Husband shall make no claim whatsoever relative to access to, use of or ownership of the aforesaid vehicles from the date of execution of this Agreement forward. In the event there is an encumbrance on either vehicle, Wife shall be solely and exclusively responsible for repayment of the aforesaid encumbrance and shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of said encumbrance. In the event there is an encumbrance on either vehicle naming Husband as an obligor, Husband shall not be obligated to execute the title to the vehicle until such time as the encumbrance is paid in full or refinanced such that Husband is no longer an obligor on the encumbrance. In specific recognition of the fact that, at the time of execution of this Agreement, the lien on the title to the Hummer referenced above is in Husband's name alone, should Wife fail to make timely payments on that loan and payment remains delinquent for fifteen (15) days after notice from Husband or the financial institution, the Hummer shall be placed in Husband's possession and, from that point forward, the Hummer shall be Husband's sole property and Husband shall be solely responsible for repayment of the encumbrance on the vehicle. Further, Husband hereby waives, relinquishes and transfers any and all right, title and interest he has or may have in any vehicles that are owned by Equi-Comp, Incorporated, a Pennsylvania Corporation, which Corporation is-hereinafter referenced further. --Page 9 of 18-- 3.9 Intangible Personal Property. The parties have previously divided their intangible personal property, including, but not limited to, any and all checking accounts, savings account and investment accounts of any nature whatsoever, and neither party shall make any claim to any intangible personal property, such as bank accounts, which the other party has retained. In the event it is necessary for either party to execute any documents to waive, relinquish or transfer their interest in any intangible personal property maintained by the other party, they will do so within fifteen (15) days of being requested to do so by the other party or their legal counsel. 3.10 Eaui-Comp, Incorporated. The parties acknowledge that Wife has established a Corporation, as a Pennsylvania Sub- Chapter S Corporation, known as Equi-Comp, Incorporated. Husband waives, relinquishes and transfers any and all right, title and interest he has individually, or which he may have through his marriage to Wife, in the Corporation. In the event it is necessary for Husband to execute any documents to convey or waive his interest in the Corporation, he will do so within fifteen (15) days of being requested to do so by Wife or her legal representative. Husband further acknowledges that he has no claim or interest in any assets owned by the Corporation, including tangible personal property, such as vehicles and similar personal property, as well as any intangible personal property, including financial accounts held in the Corporate name. --Page 10 of 18-- 3.11 Horses. At the time of execution of this Agreement, the parties have two horses that were purchased and owned during their marriage. The horse known as "Chico" shall be Husband's sole possession. It is acknowledged that at the time of execution of this Agreement, the ownership documents state that Wife is owner of this horse. Wife will execute any and all documents necessary to transfer ownership of the horse to Husband within fifteen (15) days of being requested to do so by Husband or his legal representative. The parties' horse known as "Somebody" is and shall remain Wife's sole property. It is acknowledged that at the time of execution of this Agreement, the ownership documents state that Husband is owner of this horse. Husband will execute any and all documents necessary to transfer ownership of the horse to Wife within fifteen (15) days of being requested to do so by Wife or her legal representative. From the date of execution of this Agreement forward, each party assumes sole and exclusive responsibility for any and all costs associated with ownership and maintenance of the horse that they have assumed pursuant to the terms of this paragraph. This includes, but is not limited to, boarding expenses, medical or veterinary expenses and all other related expenses. Neither party shall have any responsibility for any costs or expenses associated with maintenance of the horse that has been transferred by this Agreement to the other party. --Page 11 of 18-- ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that Husband has in his name alone a Capital One credit card account, which is and shall remain his sole debt. Husband shall be solely and exclusively responsible for repayment of this debt and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to such debt. The parties acknowledge that Wife has in her name alone a Saks credit card account, a Citibank Visa account, a Bank of America World Points credit card account, an individual Bank of America credit card account, a Chase credit card account with account number ending 1819, and a Chase credit card account with account number ending 0844. Wife shall be solely and exclusively responsible for repayment of this debt and shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to such debt. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. --Page 12 of 18-- ARTICLE V ALIMONY, ALIMONY PENDENTE LITE SPOUSAL SUPPORT AND MAINTENANCE 5.1 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, --Page 13 of 18-- whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Warranties. 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now --Page 14 of 18-- and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. --Page 15 of 18-- 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. --Page 16 of 18-- 6.12 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the_ non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 10 22 "Eajj Dat JIL E. SHULL /, ` ? 10 a? a Date --Page 17 of 18-- CHRISTOPHER M. COMMONWEALTH OF PENNSYLVANIA : COUNTY OF Apday On this As. of p 2009, before me, the undersigned officer, personally appeared JILL E. SHULL, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official COMMONWEALTH OF EN SYL ANIA COUNTY OF On this Aqay of 1r4 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SETH E. POMEROY, II, Notary Public Upper Allen '7 vp., Cumberland County My Cornmi;5 "n x-?'re?s ::gust z. 2010 , 2009, before me, the undersigned officer, personally appeared CHRISTOPHER M. WHERLEY, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. C(NAMONVAIEALTH OF PENNSYLVANIA -- NOTARIAL SEAL SETH E. POMEROY, II. Notary Public I Upper Allen 7,Ap. Cumberland County aus+22010 i --Page 18 of 18-- OF 'E 2P 3 EEC 16, F i 1 ?b JILL E. SHULL, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. WHERLEY, Defendant CIVIL ACTION -LAW NO. 2008-2490 CIVIL TERM : 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) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: April 22, 2008 via restricted delivery, certified mail. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: November 3, 2009 by Defendant: November 10, 2009 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (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 plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 16, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 16, 2009 . ?Griffie, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff Al EU-L;t : ?utw TA, 2009 DEC f 6 PM f: 4 7 4t?.`?,..... _ t 4fi CU L- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jill E. Shull V. Christopher M. Wherley NO 2008-2490 DIVORCE DECREE M x--11 AND NOW, it is ordered and decreed that Jill E. Shull plaintiff, and Christopher M. Wherley , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Separation and Property Settlement Agreement, entered into, October 22, 2009, is incorporated herein but not merged. By th Attest: J. Prothonotary is -30 is-30??